Agenda packet — Redlands City Council, April 19, 2022 (part 2 of 3)

P1. Other Identifier: Don Fischer, Shan McNaughton, Architect *P2. Location:  Not for Publication × Unrestricted *a. County: San Bernardino and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Date: T ; R ; ¼ of ¼ of Sec ; M.D. B.M. c. Address: 1605 Calvary Dr. City: Redlands Zip: 92373
d. UTM: Zone: 10 ; mE/ mN (G.P.S.)
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Elevation:

P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The building is a two story structure built on a raised foundation. Architectural style is Queen Anne Victorian with Colonial Revival and Shingle Style details. Commonly, this style is called Transitional, as the building was constructed in the years of overlap between the Victorian and Craftsman periods. The Marshall House is one of several rural residences built along Barton Road at the turn of the century. The house is wood framed with first story walls finished in clapboard siding and the second story walls finished in shingle. The basement walls are locally sourced granite with mortar tooled joints. The building is typical of the Queene Anne style in proportion and form, with rectangular plan and hipped roof.

A prominent two story cylindrical tower with conical roof capped with decorative finial provides asymmetrical balance to the building mass.

The wraparound covered porch features ornate Corinthian columns and square picket style railing. Columuns are doubled at the entry. A classical pediment with heraldic scroll motif defines the porch entry. The Dining Room features an elegant bay window. The substantial rafter tails feature an elliptical cut with integral gutter. The windows are a combination of double hung, fixed and casement. All are wood sash. A decorative diamond muntin pattern is found in the casement windows and in the upper lite of the center bay double hung window. The original roof was wood shake. The current roof is asphalt shingle. A single chimney with modest detail is located at the center of the building. All original historical character defining details are intact and in relatively good condition.

See addendum E.O. 11593 Determination of Eligibility Notification, National Register of Historic Places prepared for the Marshall House 9/13/78 for further information. The State Historic Preservation Officer concludes that the house meets the criteria of eligibility for historic designation per Secretary of Interior Standards. *P3b. Resource Attributes: (List attributes and codes) (HP6) Single Family Property *P4. Resources Present: xBuilding Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View,
date, accession #)
*P6. Date Constructed/Age and
Sources: xHistoric 
Prehistoric Both
*P7. Owner and Address:

Guadalupe Cobonov
11423 Campus St.

Loma Linda, CA 92354
*P8. Recorded by: (Name,
affiliation, and address)
Don Fischer
Redlands Conservancy
P.O. Box 855
Redlands, Ca. 92373
*P9. DateRecorded: April 22, 2019
*P10. Survey Type:

Volunteer effort, to list the
building as a local historic resource
*P11. Report Citation: (Cite survey
report and other sources, or enter
"none.")
None
*Attachments: NONE Location
P5a. Front (North) View
Redlands Regular Meeting of 04-19-22 279 of 487
State of California  The Resources Agency Primary # __________________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # _____________________________________________________ PRIMARY RECORD Trinomial _________________________________________________

Page 2 of 2 ends

DPR 523A-Test (8/94)
Map xSketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record ×Photograph Record  Other (List):

DPR 523A (1/95) *Required information
Redlands Regular Meeting of 04-19-22 280 of 487
DPR 523B (1/95) *Required information
State of California  The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 2 ends

*Resource Name or # (Assigned by recorder)
B1. Historic Name: Marshall House
B2. Common Name: Sandefur Mansion
B3. Original Use: Residence
B4. Present Use: Residence to be converted to Medical Office *B5. Architectural Style: Queene Anne Victorian with Colonial Revival and Shingle Style Details *B6. Construction History: (Construction date, alterations, and date of alterations) The two story house was built in 1905-1906 by Rev. David H. Gillian, who had purchased the 10 acre property to plant an orange grove along Barton Road. Dr. John F. Marshall, a physician associated with sanatariums and hotels, bought the property in 1909 as a retirement investment. Shortly after moving to the property, Dr. Marshall died. His widow continued to live in the house until her own death in 1932. Her niece, Mrs. D. J. Stewart, moved out to live with her in 1910. Mrs, Steward lived in the house as a child and again as an adult in the early 1930’s. Upon the death of Mrs. Stewart’s father in 1936-1937, the house was inherited by Mrs. Marshall’s two daughters. By 1976, the house was commonly known as the Floyd M. Sandefur Mansion. The furniture dealer’s family had occupied the house for the preceding two decades.

No original building permit has been found. The only permits found are for repair work in the 1980’s and for the replacement of a septic tank and re-roofing done in the 1990’s. *B7. Moved? x No Yes Unknown Date: Original Location: Yes: Original Address: 27297 Barton Rd. *B8. Related Features:

B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme: Transitional Area: West Redlands, County of San Bernardino Period of Significance: 1880-1910 Property Type: Residential Applicable Criteria Local (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope.

Also address integrity.)
The Marshall house is a historically significant property associated with pioneer economic and social development of early Redlands. The architectural style is commonly referred to as Transitional.

This style encompasses a relatively brief time period when the Queen Anne Victorian Style (1880-1910) overlapped with the Craftsman period (1905-1930).

The building is Victorian in form, plan, massing and first story detail, but has notable Craftsman detail evident in the exposed and prominent elliptical cut rafter tails. Nearly all historic character defining detail is intact and in relatively good condition.

B11. Additional Resource Attributes: (List attributes and codes) B12. References:

McAlester, Virginia and Lee, A Field Guide to American Houses (New York: Alfred A. Knopf)
E.O. 11593 Determination of Eligibility Notification, National Register of Historic Places
U.S. Dept. of Transportation Federal Highway Administration Letter to Dept. of the Interior (9-7-78)
Dept. of Parks and Recreation Letter to Federal Highway Administration (8-31-78)
Advisory Council on Historic Preservation letter to Federal Highway Administation (12-18-78)
B13. Remarks:

B14. Evaluator: Don Fischer, Redlands Conservance Volunteer Shan McNaughton, Architect C-28575
(This space reserved for official comments.)
(Sketch Map with north arrow required.)
Redlands Regular Meeting of 04-19-22 281 of 487
State of California  The Resources Agency Primary # _________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI# ______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 2 ends

DPR 523B-Test (8/94)

*Date of Evaluation: April 22, 2019
Redlands Regular Meeting of 04-19-22 282 of 487
t: 0

HISTORIC PROPERTY FILE SINGLE PROPERTY PRINTOUT
Prop.#: 062124 MARSHALL HOUSE
Prim.#: 36-017535
Address:
27297 BARTON RD
REDLANDS 92373
Category: BUILDING
Owner Type: UNDETERMINED
Present Use: UNKNOWN
Other Recognition:

Dates of Construction: 0000 - 0000
Architect:

Historic Attributes: UNKNOWN
Previous Determinations on this property:

County: SBR
X-Street:

Vicinity: X
Parcel#:

CHL #:

Builder:

Eth:

Program Prog. Ref Number Eval Crit Eval-date Evaluator
HIST.SURV. 2373-0449-0000 2Sl 01/01/78 PERSON UNKNOWN
Key to EVAL:
2Sl: Determined elig. for separate listing by the Keeper. 04/08/05
Redlands Regular Meeting of 04-19-22 283 of 487
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U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION
IU!GION NINB

CALIFORNIA DIVISION
P. o. Box 1915
Sacramento, California 95809
Dr. William J. Murtagh
Keeper of the National Register
Heritage Conservation and Recreation Service
Bepartment of the Interior
Washington, D.C. 20240
Dear Dr. Murtagh:

AlttZONA
CM..tl'OWHIA
N~AOA
HA.WAN -.... AMIEIIICAN SAMOA
September 7, 1978
ID>-CA
Reference:

M-R028(3)
San Bernardino County proposes to widen a portion of Barton Road near Redlands, California with Federal-aid highway funds. An Historic Property Survey has been completed by the State Historic Preservation Office and the State Historic Preservation Officer has determined that there are two properties within the project's area of potential environmental impact that are eligible for inclusion in the National Register of Historic Places: the ''Marshall House" and the ' ''White House."
Enclosed is a copy of the SHPO's August 31, 1978 letter and the Determination of Eligibility for each of the two properties. We request your opinion concerning the eligibiU.ty of the ''Marshall Bouse" and the ''White House" for · inclusion in the National Register of Historic Places.

Sincerely yours,
For
Omar L. Bonne
Division Administrator
Enclosures
trnor
Redlands Regular Meeting of 04-19-22 284 of 487
/ MfNT OF PARKS AND RECREATION
} RNIA-THf RESOURCES AGENCY
I ' •
l ili~
' August 31, 1978
Mr. Omar L. Homme
Division Administrator
Federal Highway Ada:inistration
·P.O. Box 1915
Sacramento, CA 9.5&>9
Attention: Richard Lemieux
Dear Mr. Homme:

EDMUND G. IIOWN· JR., Governor
Enclosed are two reports providing historical and architectural eval.uations of the White House and the Marshall House. The two properties are located along Barton Road in the vicinity of Redlands, San Bernardino County.

As the State Historic Preservation Officer for California, I have determined that the two properties are eligible for inclusion in the Nationa1 Register of Historic Places. The White House and the Marshall House are architectural1y significant properties associated with pioneer economic and social development of the Redlands area. The ·visual quality of the White House is particularly accentuated by formal landscaping. Please consult the attached reports for specific references on significance.

A member of my staff participated in an on-site inspection of the Barton Road project on July 28, 1978. The Federal Highway Administration, Cal.trans, County of San Bernardino, and the Office of Historic Preservation tentatively agreed to the boundary lines for the area of potential environmental impact.

The proposed road widening project will have an effect on the Marsbal.1 House by reducing the set back. Retention of landscape and redesign of the alignment suggests that the project will not have an adverse effect on the Marshall House.

The Barton Road project will adversely affect the White House by physically removing the rock vall located adjacent to the existing road.

Compliance with the Advisory Council Procedures requires that a Preliminary Case Report be prepared. The Case Report should include a description of the proposed project, alternatives to the project, and various mitigation proposals reducing the adverse impact.

Redlands Regular Meeting of 04-19-22 285 of 487
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)ar .u. ilomme
,:Z'age Two
,/ ~-A.ug{J.st _ 31, 1978
Please do not hesitate to contact Eugene Itogawa. at (916) 322-8701 for further assistance.

Sincerely yours,
Dr. Knox Mellon
State Historic Preservation Officer
Office of Historic Preservation
GI:pbp
cc: Louis S. Wall
Advisory Council on Historic Preservation
P.O. Box 2,5085
Denver, CO Bo225
C. Mac Farlane
Caltrans
Bob Hall
Caltrans
Redlands Regular Meeting of 04-19-22 286 of 487
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I
Advisory
CouncilOn
Historic
Preservation
1522 K Street Nw.

Washington nc.
20005
DEC 1 8 ~7<> ·
Mr. Omar L. Homme
Division Administrator
California Division, Region 9
Federal Highway Administrati<ll
P. O. Box 1915
. Sacramento, California 95809
·Dear Mr. Homme:
\
\
The Executive Director does not object to the Federal Highway Administration's determination that the proposed widening of Barton Road will not adversely affect the ¥.iarsball House.

The Coi.mcil bas received your proposal of October 31, 1978, concerning the '"White House II and the proposed widening of Barton Road, · san<Bernardino Col.Ulty, California. Ye have reviewed the proposal and have determined that it is sufficient.

Therefore, pursuant to Section 800.5 of the "Procedures for the Protection of Historic and Cultural Properties" (36 CFR Part 800), the Memorandum of Agreement for the project is enclosed.

Please sign and date this Agreement and forward it, vi th its · attached proposal, to Dr. Knox Mellon, · California State Historic Preservation Officer, for his dated signature. · Thereafter, it must be returned to the Council's Office in Washington, D.C. for approval by the Chairman of the Council. Ratification by the Chairman will complete the Col.lllcil Is Procedures. A copy of the ratified Agreement will be provided for your records, and it vill serve as evidence that you have satisfied your responsibilities pursuant to Secticn 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f, as amended, 90 Stat. 1320).

Thank you for your cooperaticn.

Sincerely,
Signed
Louis S. Vall
.Assistant Director
Office of Review and Compliance, Denver ·
Enclosures
' \
Redlands Regular Meeting of 04-19-22 287 of 487
·. 1· E.0.11593

DETERMINATION OF ELIGIBILITY NOTIFICATION
· -NATIONAL REGISTER OF HlSTORIC PLACES

OFFICE OF ARCHEOLOGY AND HISTORIC PRESERVATION
. - -----·--·- _. . - -. r·-··. --· -- ·- ___ __ .. ___ _ __ ----···· ··-- - -·-··-· . _ .. __ -- · . .. - •·
. HERITAG.~ ·coNSERVATION AND RECREATION SERVICE
Request submitted by: OOT/FHWA/Omar L. Ho11UDe
Date request received:~9_/_1_3_/7_8 _______ _
Na me of . proper ti: ______ Ma_rs_ha __ l_l_H_o_u_s_e___________________ State: California Location: 27297 Barton Road~ Vicinity of Redlands, San Bernardino Opinion of the State J'istoric Preservation Officer:
(x) Eligible
Comments:
{ ) Not e 1 i g·i b 1 e ( .) No response .

The Secretary of the Interior has determin~d that this property is:
(X ) E 1 i g i b 1 e Applicable criteria: c, A
Comments: The Marshall House is significant as a good rocal example of the late Queen Anne style with Colonial Revivai detailing. It is representative of development of the area in the 1890's. {) Not' eligible
Comments:
( ) Documentation insufficient (see accompanying sheet explaining additional materials required)
'(Sgd.J Willia;n J . , r;urtag}i
Keeper of the National Register
OCT 2 0 i978
Date:------------- WAS0-115
· 9/7S
Redlands Regular Meeting of 04-19-22 288 of 487
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Determination of El.egibility for Inclusion in the National Register I.

II.

III.
rv.
v.

Agency making request for determination of elegibility: Calif orni.a Division, Federal Highway Administration, Sacramento.

Request is made as a part of the planning for the Barton Road Widening Project, County of San Bernardino.

Property Name
Historic: Marshall House
Original builder/owner unknown. Interview with Mrs. D.J. Stewart, neice of Dr. and Mrs. John F. Marshall, indicated that the original owner's name began with a 'G.' Mrs. Stewart remembers the original o\rmer as a retired minister who purchased the ten acre property to plant an orange grove. Mr. G. built the house on the property.

Dr. John F. Marshall, a physician associated with sanitariums and hotels, bought the property in 1909 as a retirement investment.

Shortly after moving to Barton Road, Dr. Marshall died; his widow continued to live in the house until her own death in 1932. Her neice, Mrs. D.J. Stewart, moved out to live with her in 1910.

Mrs. Stewart lived in the house as a child and again as an adult in the early 1930's. Upon the death of Mrs. Stewart's father in 1936- 1937, the house was inherited by Mrs. Marshall's aim two daughters.

Common: Sandefur Mansion
By 1976, the house was corranonly known as the Sandefur Mansion. The Sandefurs had occupied the house for the precediri.g two decades.

Location
27297 Barton Road
Vicinity of Redlands, California
County of San Benw.rdino
Classification
Buildings; occupied.

Private ownership.

Restricted accessibility.

Present use: rental.

Otmership
Nonie A. and Dovie R. McAnally
12215 Seventh Street
Yucaipa, California 92399
Redlands Regular Meeting of 04-19-22 289 of 487
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VI.

VII.

Representation in Existing Surveys
None. The 1978 Redlands survey included 400 local properties id.thin the city limits; it did not extend to county rural routes.

Description
A raised, two and one half story Queen Anne house with Colonial Revival and Shingle Style details, the Marshall House is one of several detached rural residences constructed along Barton Road at the turn of the century. The wood frame house has a first story exterior finish of narrow clapboard and a second story finish of shingles. A local gray speckled granite with flat finish faces the basement; cement mortar binds the individual stones. Typical of the Queen Anne in its proportion and fonn, the building is rectangular in shape, with a hipped roof. Originally the roof was probably wood shingle; today it appears to be asbestoes shingle.

Evocative of Victorian architecture, the ten room Marshall House has several distinctive features. Queen Anne details include a rounded front, porch extending to the left of the main facade. To the right of the porch the curvilinear motif is continued by the two story rOlllld tower capped with finial. Two types of extended roof rafters, too, are unusual with a curvilinear cut-out at their tips. Colonial Revival details include the classical po7ch colunms with Corinthian capitals - doubled at the entrance, the pediment over the front steps with heraldic scroll motif, the squat, vented donner above the porch and the leaded windows. Window types are both casement and double-hung. At the left side, double-hung windows are set in a slanted bay, while at the right they are set in a square bay. Above the porch another square bay is completely lined with casement windows. There are two chimnies, one possibly of recent construction.

Mrs. D.J. Stewart :indicated in a telephone interview of August 10, 19~ that the house was painted in light and dark green in the early twentieth century - with the upper story one shade and the lower the other. The house is now painted entirely white. The darker colors of the original scheme are more in keeping with the Victorian character of the building.

Stylistically, the house also contains hints of the Shingle Style that would be popular during the first decades of the twentieth century in California. Shingles are of a rectangular cut, not the curved shingle type most frequently found with the Queen Anne. The square bay over the porch with its bank of windows is another element associated with the Shingle Style, as is the granite facing of the basement.

Additions to the house include a flat roofed rear ell to the left of the b.rllding with a slatted pergola at its side. This unit tiOUld appear to date to the 1920's. A screened porch at the right side of the house also appears to be a.~ addition of the 1920's. A large cinder block fenced-in yard at the rear is of recent construction.

Redlands Regular Meeting of 04-19-22 290 of 487
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VIII.

Landscaping includes mature palms, pines and orange trees. Typical of the Redlands area orange grove estates, a semi-circular granite curbed drive with a side extension leading to rear outbuildings exists at the front of the house. Two barns, apparently of ca.1910- 1920 construction, sta..~d behind the main structure.

The Marshall House is in excellent condition.

Significance
Period: ca.1898
Area(s) of significance: Exploration/Settlement
Architecture
Builder/ Architect : Unlmown
Justification for Dating: Both in overall form and detail the Marshall House is similar to ones appearing in Illustrated Redlands, a lavishly illustrated booklet of Redlands houses
published in 1897. The house also appears
on the first edition of the U.S.G.S. Redlands quadrangle map dated August 1901.

This would indicate that the structure was
completed no later than 1900.

Water, oranges, climate, transportation and civic amenities each played a key role in the development of the Redlands area. Initiated by the formation of the Redlands Water Company in 1881, growth began with the purchase and subdivision of land~ lliring the early 1880's, some city buildings were erected and acreage was planted with fruit trees. To meet crucial irrigation needs the Bear Valley Dam was constructed in 1883-1885. Thlring 1886 a railroad boom increased Redlands population. Fonnally platted in March 1887, "The Town of Redlands" crune into existence. By 1889 orange growing had assumed a prominent place in the region's economy: the Redlands Fruit Growers' Association, the Redlands Orange Grove and Water Company and the Chamblin Warehouse and Haight Fruit Company were formed in this year.

By 1897 Redlands had its own cannery. In conjunction with the development of the fruit industry, a second phenomenon occurred in the region. Redlands and vicinity attained a reputation as an extremely healthful environment, attracting munbers of wealthy retirees from the Eastern United States. Thlring the 1890' s Redlands gained many citizens and witnessed significant civic improvements.

The rapid development of the city of Redlands was based in large measure upon the previous growth of a group of outlying settlements.

The three earliest of these were the Mission district near the Asistencia, Crafton to the East and Lugonia to the South. These settlements had one thing in common: they were dependent upon the zanja, the irrigation system built by the Spanish in 1820 to draw water from Mill Creek. The Mission district was the first to grow oranges in the area. Located only several hundred feet from the Asistencia, the Marshall House on Barton Road is thus situated in the very early settlement area for rural "Redlands."
Redlands Regular Meeting of 04-19-22 291 of 487
IX.

The Marshall House is also part of a m:L'li-building boom that occurred along Barton Road during the 1890' s. Dr. Benjamin Barton, owner of a large parcel of property surrounding the Asistencia, had sold 1,100 acrea to a Los Angeles syndicate for subdivision in 18S6. By 1890 this acreage was entitled the Barton Tract and was parcelled into forty acre lots of orange groves. Streets platted East-West were Barton, Orange, Citrus, Park and Colton; liorth-South were California, New Jersey, Nevada, Iowa, Alabama, Kansas, Tennessee, New York and Texas. Between 1890 and 1900 Terracina Avenue was added south of Barton Road near the Asistencia. A hotel was built (burned 1895) and a street car system was planned to run out from Redlands. An actual townsite of Terracina was auctioned off, but never formally developed. This early street system id.th seven houses located on Barton and Terracina is shown on the u.s.G.S. Redlands quadrangle of 1901. Of this cluster, four remain today: the 1860' s Barton House near the Asistencia, the Marshall House and one across from it, and the W'nite House at the corner of Barton a'l'ld San Tirneteo Canyon Road. Set among the orange groves, these houses presented a poignant picture: "When Redlands was a youngster, houses were few - orange groves were lonesome." Architecturally, the Marshall House is a good example of the Queen Anne style adapted to the locale. The structure is raised, undoubtedly adapted to meet the conditions of the zan..ja flood plain. Its intricate details, including Corinthian capitals, heraldic scroll motif, tower and leaded windows set it apart from its more simply styled neighbor across Barton Road ( also Colonial Revival in detail).

Redlands health consciousness has also affected the design of the Marshall House: the extensive front porch, the dormers and the banks of windows are in part an environmental adaptation designed to take advantage of the area's famed sunshine.

Bibliography
"Alabama Intersection Revised: New Routing for Barton Road Mapped," Redlands Daily Facts, June 5, 1976, 3.

Barton Tract, Redlands, ca.1890. (Pamphlet, A.K. Smiley Library, Redlands.)
Brown, John Jr. and Boyd, James, History of San Bernardino and Riverside Counties, Chicago, 1922, I.

Redlands Daily Facts, Illustrated Redlands, Redlands, 1897.

Grace, Katherine Arm, "Development of the Redlands Area to 1900," Senior Thesis, University of California, Riverside, History Department, 1966.

Hinckley, F.dith Parker, On the Banks of the Zan.ja: The Story of Redlands, Claremont, California, 1951. "More Funding Sought for BArton Road Work," Redlands Daily Facts, January 26, 1977.

Redlands Regular Meeting of 04-19-22 292 of 487
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XI.

XII.

Nelson, Lawrence Emerson, Only One Redlan'is; Changing Patterns in a Southern California Tmm, RedlaT1ds, 1963.
* United States Geological Survey, Redlands Quadrangle Map, Surveyed 1$98-1899, Edition of August 1901. (A.K. Smiley Library, Redlands:

Map E 120:4)
Water Connection Date: J arruary 13, 1927. City Hall Records, Redlands.

Geographical Data. Maps. and Acreage
Acreage: Approximately 1112 acres.

Quadrangle Name: Redlands
Quadrangle Scale: 1 :24, CXX)
UTM References: ?Dne 10
F.asting: l/10800
Northing : 3 ·1 ~ t, 2.. (, S"
Verbal Boundary Description: The Marshall House is located directly at the southern tenninus of Alabama
Street on Barton Road.

Maps: See attached.

Photographs
See attached.

L"'ldividual Compiling Documentation
Dr. Karen J. Weitze, Architectural Historian
Office of Historic Preservation
1220 K Street (P.O. Box 2390)
Sacramento, California 95811
( 916 )-322-8700
Site Inspection and Research: August l~, 1978
August 9 aT}d 10, 1978
Documentation Prepared: August 11 - August 29, 1978
*Interview with Mrs. D.J. Stewart, August 9 and 10, 1978.

Redlands Regular Meeting of 04-19-22 293 of 487
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1 McNAUGHTON ARCHITECTURE, INC.
300 E. State St, Ste. 360 Redlands, Ca 92373
(909) 557-7358 [email protected]
www.mna-p.com
DATE: January 26, 2021
TO: City of Redlands Planning Department
RE: Variance Application
PROJECT: Historic Restoration/ Adaptive Use
Property: 1605 Calvary Circle Redlands, CA 92373
Zone: EV/AP (East Valley Corridor/Administrative Professional Office) APN: 0293-133-13-0000
Project Description:

The existing building is a substantial, well preserved 2 story Transitional Style residence. Built in 1903 during the transition from Victorian to Craftsman, the building is a complimentary marriage of both architectural styles.

The form and character of the house are high style Queen Anne Victorian, with a combination of early Craftsman elements, notably the distinctive rafter tails. This building is an excellent example of the style featuring elegant Corinthian turned columns, flared roof eaves, decorative roof brackets, double hung wood sash windows, and a prominent cylindrical tower that provides balance to the asymmetrical front façade.

The house has undergone limited renovation over the years, but has had several inappropriate additions built.

Most original character defining historic detail is intact and in good condition.

This project constitutes a change of use (from residential to commercial). The historic building will undergo a complete period appropriate restoration along with required structural building, fire and energy code upgrades necessary for the conversion.

An addition component is also required for a reasonable economic return on investment. The two story addition has been designed to complement the historic building per Secretary of Interior Standards.

Reason for Variance Application:

The subject property was originally a much larger parcel occupying the full triangular plot of land defined by Barton Rd. to the south, Alabama St. to the east, and Calvary Circle to the North. In the 1990’s, the lot was subdivided to create 2 unequally sized parcels. The present boundaries of the subject parcel are grossly substandard for the EV/AP zone. The lot line adjustment should not have been approved. The result is a lot narrower than the code allows by 20’. The minimum lot width in this zone is 80’. The existing lot is 60’ in width.

Another factor is the potential future widening of Alabama St. to 120’ right of way ultimate width. This results in the loss of 10’ of the easterly border of the site. At 50’ in width, the dedication makes an already non-conforming site even narrower. It also makes compliance with the presently adopted code impossible.

Variance 1: Alabama St. Parking Lot setback
Findings for Variance:

1. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other properties or uses in the same vicinity and zone.

The substandard lot width is the exceptional condition that makes compliance with the code impossible to meet.

The building setback from Alabama Street is 30’ in compliance with EV standards.

1.1: The 15’ parking lot setback is impossible to meet.

The 15’ parking setback was envisioned for larger properties and is not appropriate to substandard historic lots.

The proposed development provides for the code required 5’ planter width at west property border, an 18’ parking stall depth, and a 26’ wide vehicular access lane for two way traffic. MUED stipulated that a one way traffic pattern (with egress onto Alabama St.) would not be allowed due to safety and traffic flow concerns. Therefore, compliant two way traffic which requires 26’ aisle width, is proposed. The 26’ access aisle width meets the east border of the 10’ dedication, with no room for setback.

Redlands Regular Meeting of 04-19-22 300 of 487
2 The ADA path of travel is proposed within the dedication space. Preserving the dedication space in the interim as a green belt with 5’ wide ADA compliant path of travel meets the intent of the EV landscape guidelines, but appropriately scaled to the narrow dimensions of the historic and (noted substandard) lot.

1.2 The second factor is the 26’ wide ingress/ egress driveway. This is also impossible to meet given the constricted site width and proximity to the corner of Calvary Circle and Alabama. A 20’ wide ingress/egress driveway is proposed instead. 20’ meets the Fire Dept. access width requirement and is a reasonably safe width for ingress/ egress to a site with a limited on-site parking load (20). This adjustment to driveway width meets the necessary safety criteria while respecting the historic and residential character of the substandard lot.

1.3 The third factor is the requirement for a vehicular loading zone. There is simply not enough space on site to dedicate space for loading. The substandard lot width and irregular shape are the reasons this criteria cannot be met.

This development will be a professional office building, not a use requiring frequent deliveries.

2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone district, but which is denied to the property in question.

The properties located at 11200 Alabama, 11210 Alabama and 11168 Alabama are all located with substandard building and parking setbacks.

3. That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements of others in the vicinity.

The granting of this variance will not be detrimental in any way to the public welfare or property owners in the vicinity. The proposed development provides for a clear and ADA compliant path of travel within the required dedication. The path of travel will be bordered by landscape planting per East Valley Corridor guidelines.

4. That the granting of such variance will not adversely affect the general plan of the city of Redlands.

The proposed conversion from residential use to medical commercial is the highest and best use for this historic residence. The historic preservation / adaptive use goals of this development align with General Plan goals.

Shan McNaughton
Architect C-28575
Redlands Regular Meeting of 04-19-22 301 of 487
1 L:\ca\Reso\8321 Cobanov Historic Resource Designation No. 135.docx.jn RESOLUTION NO. 8321

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DESIGNATING THE PROPERTY LOCATED AT 1605 CALVARY CIRCLE AS A HISTORIC RESOURCE (HISTORIC AND SCENIC RESOURCE NO. 135)

Section 1. The City Council hereby determines that the approval of the Project and this Resolution are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3), 15301, 15305, and 15331 of the State’s CEQA Guidelines.

Section 2. The Property is hereby designated as a historic resource in accordance with the provisions and criteria contained in Section 2.62.170 of the Redlands Municipal Code. The Property, with the exception of the non-contributing detached garage constructed in 1980, was originally constructed with a single-family dwelling in or around 1905-1906, embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation, has unique design or detailing, and is a particularly good example of a period or style.

Section 3. The primary structure located on the Property shall be officially known as the “Marshall House.”
Section 4. With the exception of the aforementioned garage, neither the remaining structures on the Property, nor the Property, shall be altered on the exterior, moved, demolished, subdivided, or Redlands Regular Meeting of 04-19-22 302 of 487
2 L:\ca\Reso\8321 Cobanov Historic Resource Designation No. 135.docx.jn otherwise permanently changed, unless a Certificate of Appropriateness or Certificate of Hardship has been first secured from the City.

Section 5. The City Clerk is hereby directed to cause a certified copy of this Resolution to be recorded with the County Recorder, County of San Bernardino.

ADOPTED, SIGNED AND APPROVED this 19th day of April, 2022. _________________________
Paul T. Barich, Mayor
ATTEST:
_________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 303 of 487
3 L:\ca\Reso\8321 Cobanov Historic Resource Designation No. 135.docx.jn I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 304 of 487
1 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn RESOLUTION NO. 8322

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING AMENDMENT NO. 47 TO SPECIFIC PLAN NO. 40 TO AMEND DIVISION 4 (COMMUNITY DESIGN), CHAPTER 1 (CIRCULATION), SECTION EV4.0110(B) (ROAD STANDARDS), SECTION EV4.0155(A) (SPECIAL LANDSCAPED STREETS), AND SECTION EV4.0125(2) (SETBACKS AND

INTERSECTIONS) TO AMEND THE REQUIRED ROAD RIGHT-OF-WAY
REQUIREMENTS FOR THE PROPERTY LOCATED AT 1605 CALVARY
CIRCLE.

WHEREAS, Guadalupe Cobanov (“Applicant”) has filed applications for Amendment No. 47 to Specific Plan No. 40, Conditional Use Permit No. 1107, Variance No. 799, Historic Parking Modification No. 31, and Historic Resource Designation No. 135 for an adaptive reuse project to establish a medical office use in a residential building, and construct a 1,238 square foot two-story addition, with associated improvements (collectively, the “Project”) located at 1605 Calvary Circle (the “Property”) (San Bernardino Assessor’s Parcel No. 0293-133-13-0000); and WHEREAS, Specific Plan No. 40 Amendment No. 47 is a proposal to amend the East Valley Corridor Specific Plan, Division 4 (“Community Design”), Chapter 1 (“Circulation”), Section EV4.0110(b) (“Road Standards”), Section EV4.0115(a) (“Special Landscaped Streets”), and Section EV4.0125(2) (“Setbacks at Intersections”) to amend the required road right-of-way requirements of a 300 linear foot segment of Alabama Street on the north side of Barton Road (from a width of 120 feet to 110 feet), allow for a 50 foot half-width on the western side and a 60 foot half-width on the eastern side of Alabama Street, and exclude the segment of Alabama Street from the special landscape street and intersection design requirements; and WHEREAS, on February 22, 2022, the Planning Commission held a duly noticed public meeting and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the Applicant; and,
WHEREAS, the Project is exempt from review under the California Environmental Quality Act (“CEQA”) in accordance with Sections 15061(b)(3) and Section 15301 (Existing Facilities) for additions to existing facilities, Section 15331 (Historical Resource Restoration/Rehabilitation) for rehabilitation projects to historic resources, and Section 15305 (Minor Alterations in Land Use Limitations) exempts variances and historic parking modifications of the State’s CEQA Guidelines; and
WHEREAS, on February 22, 2022, the Planning Commission recommended to the City Council that Amendment No. 47 to Specific Plan No. 40 approved; and WHEREAS on April 8, 2022, notice of the City Council’s public hearing for the Amendment was published in the Redlands Daily Facts by the City Clerk; and

Redlands Regular Meeting of 04-19-22 305 of 487
2 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn WHEREAS, on April 19, 2022, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. California Environmental Quality Act. The City Council hereby determines that the Project and this Resolution approving the Specific Plan Amendment are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3), 15301, 15305, and 15331 of the State’s CEQA Guidelines.

Section 2. General Plan Conformity. The proposed Specific Plan Amendment will conform with the Redlands General Plan.

Section 3. Specific Plan Amendment Approved. Specific Plan Amendment No. 47 to Specific Plan No. 40 is hereby approved. Specific Plan Amendment No. 47 shall amend the East Valley Corridor Specific Plan, Division 4 (Community Design), Chapter 1 (Circulation), Section EV4.0110(b) (Road Standards), Section EV4.0115(a)(Special Landscaped Streets), and Section EV4.0125(2) (Setbacks at Intersections) to amend the required road right-of-way requirements of a 300 linear foot segment of Alabama Street on the north side of Barton Road (from a width of 120 feet to 110 feet), allow for a 50 foot half-width on the western side and a 60 foot half-width on the eastern side of Alabama Street, and exclude the segment of Alabama Street from the special landscape street and intersection design requirements, as shown Exhibit “A.” Section 4. Effective Date. This Resolution shall become effective upon adoption.

ADOPTED, SIGNED AND APPROVED this 19th day of April, 2022. ______________________________
ATTEST: Paul T. Barich, Mayor

______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 04-19-22 306 of 487
3 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 04-19-22 307 of 487
4 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn EXHIBIT “A”
Section EV4.0115 Special Landscaped Streets
(a) Introduction
The dominant design element for the East Valley Corridor will consist of unified streetscape themes to be established throughout the planning area, incorporating consistency of setbacks, street planting, berming, walls and sidewalks. In order to establish this consistency, major arterials within the planning area have been designated as Special Landscaped Streets, with specific design guidelines developed for each one.

A key element of the streetscape design, providing a dramatic and recognizable image for the area, will be a continuation of the existing grid pattern of Washingtonia Robusta palms (Mexican fan palms), both north and south of Interstate 10. Understory plantings of canopy type street trees, shrubs and groundcover will provide shade, color and a more human scale to the streetscape. The landscape design and plant palette for each major street is intended to be consistent throughout the planning area.

Properties which abut any of the streets listed below must landscape the area adjacent to the roadway as provided in Sections EV4.0115 (b) through (k). The only improvements which may encroach into this landscaped area are driveway entrances, sidewalks, planters, fences or walls not to exceed three and a half (3-1/2) feet in height. Parking areas adjacent to roadways are subject to the landscape requirements of Section EV4.02S0.

Specific design and or plant materials may be modified at the discretion of the approving agency when there is a conflict with the location of public utilities. Development applications requesting a deviation from specific design standards or plant materials shall clearly identify what conflict exists with public utilities, what specific standards apply, and how the conflict will be resolved.

The approving agency may modify adopted design or plant material requirements when a demonstrated conflict with public utilities exists that cannot be resolved without deviating from adopted standards.

Special Landscaped Streets within the East Valley Corridor area include the following:

Redlands Boulevard (see Section EV4.0115(b))
San Bernardino Avenue (see Section EV4.0115(c))
Alabama Street (see Section EV4.0115(d)), North of Calvary Circle California Street (see Section EV4.0115(e))
Palmetto Avenue, between California and Alabama Streets (see Section EV4.0115(f)) Lugonia Avenue (see Section EV4.0115(g))
Barton Road (see Section EV4.0115(h))
Mountain View Avenue (see Section EV4.0115(i))
Section EV4.0110 Road Standards
Redlands Regular Meeting of 04-19-22 308 of 487
5 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn (a) Standards and specifications for transportation facilities and all work within the road rightsof-way shall conform to the County's Standards and Specifications Manual unless specifically modified herein. Typical sections of roads within the planning area are shown in Figures 4-2 through 4-6.
(b) Right-of-way shall be required as shown on the Specific Plan Circulation map except in the following instances:
(1) On California Street between Palmetto Avenue and Almond Avenue, the existing fan palm row shall be placed in a 22-foot landscaped median. To accommodate this median, the road right-of-way shall be 126 feet instead of 120 feet on this stretch. (2) On Palmetto Avenue between California Street and the existing alignment of Nevada Street, the existing double row of fan palms will be placed in a 34-foot landscaped median. To accommodate this median, the road right-of-way shall be 106 feet instead of 104 feet on this stretch.
(3) On Alabama Street, south of Calvary Circle, the road right-of-way shall be 110 feet instead of 120 feet, with a 50 foot half width of the west side and a 60 foot half width on the east side.
(c) In order to accommodate medians and parkways landscaped with fan palm rows, sidewalks shall be placed outside of the right-of-way on the following streets. In these instances, the reviewing agency shall be granted a sidewalk easement for maintenance.

Redlands Boulevard
San Bernardino Avenue
Alabama Street
Palmetto Avenue between California Street and Nevada Street (d) Access control standards shall be as follows:
(1) No direct driveway access from individual residences shall be permitted onto major arterials, major highways or secondary highways.
(2) Intersections shall be placed a minimum of 400 feet centerline to centerline from freeway on and off ramps.
(3) Offset intersections shall be a minimum of 300 feet centerline to centerline. (4) Access shall be controlled on major arterials and major highways to minimize curb cuts and facilitate the flow of traffic. Any new development or subdivision of land adjacent to these roadways shall be required to dedicate vehicular access rights, except where access points are shown on an approved Site Plan. Shared access and parking, and use of side streets for access, shall be required whenever possible (5) All development proposals shall be designed so as to provide for a free flow of vehicles in and out of the site as well as for easy access to the various activity areas within each site.

Redlands Regular Meeting of 04-19-22 309 of 487
6 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn (6) Placement of access points into each site shall minimize interference with the off-site circulation system.
(7) Where medians are located in the street fronting the site, driveways should be provided where median breaks occur.
(8) Adequate provisions shall be made for emergency vehicle access, with a minimum of two (2) points of ingress and egress provided to each site. (e) Intersection design shall conform to the following standards:
(1) Intersections less than 80 degrees shall not be permitted without special approval from the reviewing agency. The 90-degree angle is preferable. (2) If offset streets are to be continuous, they shall be curved to approach the intersection so as to effect a right-angle alignment.
(3) At intersections where additional traffic lanes are indicated by traffic analysis, provision shall be made for requiring additional right-of-way and curb width within 300 feet of the intersection.
(f) The following streets shall have landscaped center medians:

Palmetto Avenue
California Street, from Barton Road to Palmetto Avenue
Redlands Boulevard, from California Street to New York Street Barton Road, from Terracina Boulevard to Kansas Street
(g) No parking, except for emergency parking, shall be allowed on any street which has four or more lanes, (includes major arterials, major highways, and secondary highways). (h) Cul-de-sac standards shall be as follows:
(1) Cul-de-sacs shall have a minimum paved radius of 40 feet. (2) Length of cul-de-sac shall not exceed 600 feet.
(i) Private streets shall be constructed in accordance with approved Planned Development Standards.

Section EV4.0125 Setbacks at Intersections
(a) As part of the streetscape design component of the Specific Plan, intersections shall be designed to provide a unified character throughout the planning area. Intersections shall be classified as follows:
(1) Primary intersections:

Alabama Street and Palmetto Avenue
Alabama Street and Lugonia Avenue
California Street and Lugonia Avenue
Redlands Regular Meeting of 04-19-22 310 of 487
7 L:\ca\Reso\8322 Cobanov Specific Plan No. 40 Amendment No. 47.docx.jn (2) Secondary intersections:

San Bernardino Avenue and Mountain View Avenue (southeast corner) San Bernardino Avenue and Nevada Street
San Bernardino Avenue at Tennessee Freeway (State Route 30) Mountain View Avenue at Interstate 10 (northeast corner) Redlands Boulevard and Anderson Street
Redlands Boulevard and California Street
Redlands Boulevard and Alabama Street
Barton Road and California Street (northeast corner)
Barton Road and Alabama Street (northwest and northeast corners) (b) Building setbacks from intersections shall be defined by a line in a horizontal plane, taken at a forty-five (45) degree angle, connecting the property lines. On primary intersections, this line shall be drawn 50 feet from the intersection of the property lines or prolongation of such lines; on
Redlands Regular Meeting of 04-19-22 311 of 487
1 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn RESOLUTION NO. 8323

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO. 1107 FOR THE ADAPTIVE REUSE OF THE PROPERTY LOCATED AT 1605 CALVARY CIRCLE
WHEREAS, Guadalupe Cobanov (“Applicant”) has filed applications for Amendment No. 47 to Specific Plan No. 40, Conditional Use Permit No. 1107, Variance No. 799, Historic Parking Modification No. 31, and Historic Resource Designation No. 135 for an adaptive reuse project to establish a medical office use in a residential building, and construct a 1,238 square foot two-story addition, with associated improvements (collectively, the “Project”) located at 1605 Calvary Circle (the “Property”) (San Bernardino Assessor’s Parcel No. 0293-133-13-0000); and WHEREAS, Conditional Use Permit No. 1107 is a proposal to rehabilitate and adaptively reuse an existing single family dwelling as a medical office and construct a 1,238 square foot twostory addition (resulting in a total building size of 3,649 square feet) on the Property; and WHEREAS, on February 22, 2022, the Planning Commission held a public meeting and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the Applicant; and
WHEREAS, on February 22, 2022, the Planning Commission recommended to the City Council that Conditional Use Permit No. 1107 be approved; and

WHEREAS on April 8, 2022, notice of the City Council’s public hearing for the Project was published in the Redlands Daily Facts by the City Clerk; and

WHEREAS, on April 19, 2022, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the Applicant, and testimony by members of the public;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. The City Council hereby determines that approval of the Project and this Resolution approving Conditional Use Permit No. 1107 are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3), 15301, 15305, and 15331 of the State’s CEQA Guidelines.

Section 2. The City Council hereby approves Conditional Use Permit No. 1107 for the Project, subject to the conditions of approval identified in Exhibit “A,” Exhibit “B,” and Exhibit “C” of this Resolution, and based upon the following findings:

Redlands Regular Meeting of 04-19-22 312 of 487
2 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn A. That the proposed development will not adversely affect the applicable land use plans of the city;
The proposed development will be consistent with the Administrative Professional District (EV/AP) of the East Valley Corridor Specific Plan and will establish a use that is permitted by right. The design of the project has incorporated the recommendations of the Secretary of the Interior’s Standards for the Treatment of Historic Properties to ensure the retention of the property’s historic integrity while implementing an adaptive reuse project for a nonresidential use in a residential building. The project will comply with all applicable land use plans of the city, including the Specific Plan and the City’s General Plan.

B. That the proposed development will not be detrimental to the public health, safety and welfare;
The proposed development will not be detrimental to the public health, safety and welfare.

The project will rehabilitate the existing structure to current Historic Building Code and Fire Code requirements, will establish a permitted use in an existing building that has remained vacant for several years, the building will be updated to provide ADA accessible access, and the site plan has been designed to ensure vehicular and pedestrian safety. As a permitted use, the establishment of a medical office will be consistent and compatible with the surrounding uses in the area.

C. That the proposed development will comply to the maximum extent feasible with the regulations of the city's general plan, the applicable zoning district and the city's development standards;
The proposed development will comply, to the maximum extent feasible, with the regulations of the city’s general plan, zoning district, and development standards. A variance and historic parking modification have been included in the project’s overall scope to provide relief to development standards with unique site constraints to promote historic preservation. The use will be consistent with the zoning designation and general plan designation, and appropriate adaptive reuse of historic properties is encouraged through policies within the City’s General Plan.

D. That the proposed development is appropriate at the proposed location.

The proposed development is appropriate at the proposed location. The property has been zoned Administrative Professional (EV/AP) since the East Valley Corridor Specific Plan’s adoption in 1989, the new use is permitted in the zoning designation, and the use is compatible with the surrounding commercial, institutional, and high density residential uses.

Redlands Regular Meeting of 04-19-22 313 of 487
3 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn Section 3. Effective Date. This Resolution shall become effective upon adoption.

ADOPTED, SIGNED AND APPROVED this 19th day of April, 2022.

______________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 04-19-22 314 of 487
4 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 04-19-22 315 of 487
5 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn EXHIBIT “A”

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 1107

1. This approval is to rehabilitate and adaptively reuse an existing single family dwelling as a medical office and construct a 1,238 square foot two-story addition (resulting in a total building size of 3,649 square feet) on a 19,970 square foot lot, located at 1605 Calvary Circle in the Administrative Professional (EV/AP) District of the East Valley Corridor Specific Plan (APN: 0293-133-13-0000):

2. Unless construction has commenced pursuant to the issuance of a building permit, or a time extension is granted in accordance with Code, this approval of the Conditional Use Permit shall expire two (2) years from the date of Planning Commission approval.

3. This permit/approval is granted for the project plans dated February 18, 2021 (“the plans”) on file with the Planning Division. All plans submitted to the City shall reflect the Planning Commission approval and any other changes required by the Commission and/or staff. This condition applies to the site plan, landscape plans, building elevations and materials, and all other illustrations, text, or plans submitted to the City in connection with this project.

4. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code and the East Valley Corridor Specific Plan (Specific Plan No. 40).

5. The issuance of any permits shall comply with all applicable provisions of the Redlands California Fire Code and the California Historic Building Code currently in effect.

6. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design, grading plan, landscaping plan, or building elevations without first consulting with the Development Services Director or designee.

7. A copy of the approved Conditions of Approval shall be included on the cover page of the construction plans submitted to the Building Division.

8. No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied.

9. The applicant shall apply for a demolition permit, which is to be reviewed by the Planning Division.

10. The applicant shall obtain approval of a Certificate of Appropriateness, prior to issuance of building permits for exterior improvements. All exterior improvements shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the City’s Historic Design Manual.

11. The applicant shall comply with all applicable provisions of Section 18.224.020 Redlands Regular Meeting of 04-19-22 316 of 487
6 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn (Transportation Control Measures) of the Redlands Municipal Code.

12. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City.

13. The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by 7 the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and all claims, actions, and proceedings (collectively “Claims”) to attack, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys’ fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City (the “Security”) in a form satisfactory to the City, and in the amount of $300,000, to ensure applicant’s performance of its defense and indemnity obligations under this condition. The Security amount shall not limit the total indemnity obligation of the applicant pursuant to this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.

14. Plans submitted by the applicant with building permit applications shall show on the building elevation sheets all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (such as: stucco with sand finish, plaster with smooth finish) to be used in construction.

15. The property owner or operator may not modify any use approved by this permit unless the Planning Division determines that Developer has provided the parking required by the Redlands Municipal Code for the modified use.

16. All on-site utilities shall be placed underground except power poles for lines over 66 KV.

Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Development Services Director, prior to issuance of building permits.

Redlands Regular Meeting of 04-19-22 317 of 487
7 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn

17. Transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (e.g., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits.

18. Ground mounted equipment shall be screened from public view on all sides subject to review and approval by the Development Services Director, prior to issuance of building permits.

19. During the plan check review process, the applicant shall provide a lighting plan that provides design details (light standards, bollards, wall mounted packs, etc.) and illumination site information within pathways, streetscapes, and open spaces proposed throughout the development. An electrical engineer shall prepare the site lighting and/or photometric plan demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting. The illumination within the parking lot shall be a minimum of 0.5-foot candle and illumination along all property lines of the project site shall not exceed 0.5-foot candle. Walkway lighting shall have a maximum height of 12 feet and all parking lot lighting shall have a maximum height of 30 feet.

20. Plans submitted for plan check shall include an exterior lighting plan, including fixture and pole designs, for review and approval by the Development Services Director or designee.

21. All lighting shall be shielded, and no light or glare shall impact the surrounding properties.

22. Prior to issuance of building permits, Developer shall demonstrate that light standards will not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet.

23. All landscaped areas noted on the site plan shall be permanently maintained with healthy planting material, and whenever necessary shall be replanted with suitable vegetation.

24. Landscape and Irrigation Plans shall provide water use calculations on the submitted plans, and Developer shall demonstrate compliance with the Model Water Efficient Landscape Ordinance prior to permit issuance. The plans shall be prepared by a California-licensed landscape architect.

25. The Final Landscape Plans shall incorporate the following:

Redlands Regular Meeting of 04-19-22 318 of 487
8 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn a. The landscape plan shall comply with all requirements for landscaping in parking lots pursuant EV4.0255 of the East Valley Corridor Specific Plan or other Specific Plan.
b. The landscape plan shall be detailed and show the specific distribution, size, and amount of each species of trees, shrubs, and groundcover; c. All plant material shall be sized so that the landscaping has an attractive appearance at the time of installation and a mature appearance within three (3) years; d. Trees with a trunk height of not less than six feet (6') shall be installed in the planters at each end of an aisle, at three (3) space intervals throughout the parking area, and at twenty-foot (20') intervals along the periphery of the parking area. Within parking areas, trees may be clustered in groups to achieve a more natural setting provided the total number of trees meets the previous planting requirements; e. At least fifty percent (50%) of the trees shall be an evergreen variety and shall be evenly distributed throughout the parking area;
f. At least fifty percent (50%) of the trees shall be fifteen (15) gallon in size, twenty five percent (25%) shall be twenty-four-inch (24") box size, and twenty five percent (25%) shall be thirty-six-inch (36") box in size. All trees shall meet the following minimum caliper sizes. If the caliper size cannot be met at the container size, then the developer shall increase the container size to meet the required caliper; g. All trees identified on the landscape plan are to be maintained and the trimming or maintenance of them shall serve the purpose to bring them into a full canopy type configuration. If applicant/developer fails to maintain and trim said trees to allow for full canopy type configuration, applicant/developer shall be in violation of its conditions of approval and subject to enforcement as allowed by law; h. All landscape planters that are ten feet (10') or less in width shall utilize measures such as root barriers or other deep watering system to minimize heaving of parking area pavement and curbs by tree roots; and
i. An automatic irrigation system shall be utilized to irrigate the site’s approved landscape design.
j. Where automobile bumpers overhang landscaped planters, two feet (2') of clear areas unobstructed by trees or shrubs shall be provided for overhang. k. A solid hedge row to be maintained at a height of 3 feet, upon maturity, shall be planted adjacent to West Park Avenue and Iowa Street, where adjacent to the public right-of-way to screen the parking lot.

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26. The landscape architect responsible for the design of the project’s landscape plan shall review and certify, prior to a request by the applicant for a final occupancy inspection, that the installed landscaping meets the specifications of the approved landscape plan, except as modified in the conditions of approval.

27. Before placing or constructing any signs on the project property, the applicant shall obtain a sign permit from the City. Sign locations and illumination are subject to review and approval by the Planning Division under separate permit.

28. Prior to the construction or installation of any monument sign, or issuance of the permits for such, the applicant shall submit and obtain approval of a Commission Review and Approval with the Planning Commission.

29. Prior to the issuance of building permits, ground mounted equipment shall be screened from public view on all sides subject to review and approval by the Development Services Director, prior to issuance of building permits.

30. In the event of an accidental discovery or recognition of any human remains or funerary objects, Public Resource Code Section 5097.98 must be followed. In this instance, once project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:

A. There shall be no further excavation or disturbance of the site or any nearby area (within a 100-foot buffer of the find), as reasonably suspected to overlie adjacent human remains, until the City of Redlands Police Department and San Bernardino County Coroner are contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the deceased Native American. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 11 5097.98, or
B. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendent or on the project area in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission;
• The descendent identified fails to make a recommendation; or • The landowner or his authorized representative rejects the recommendation Redlands Regular Meeting of 04-19-22 320 of 487
10 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn of the descendent, and the mediation by the NAHC fails to provide measures acceptable to the landowner.

31. The project site shall be kept in a weed and dust free condition throughout all periods of development.

32. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:
a. Municipal Utilities & Engineering Department (Exhibit B) b. Fire Department (Exhibit C)
_____________________
Brian Desatnik
Development Services Director
Redlands Regular Meeting of 04-19-22 321 of 487
11 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn EXHIBIT “B”

MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT

CONDITIONS OF APPROVAL
[ATTACHED]
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12 L:\ca\Reso\8323 Cobanov Conditional Use Permit No. 1107.docx.jn EXHIBIT “C”

FIRE DEPARTMENT

CONDITIONS OF APPROVAL
[ATTACHED]
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1 L:\ca\Reso\8324 Cobanov Variance No. 799.docx.jn
RESOLUTION NO. 8324

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING VARIANCE NO. 799 RELATING TO A FRONT YARD AND

PARKING LOT SETBACK REQUIREMENTS FOR PROPERTY LOCATED
AT 1605 CALVARY CIRCLE
WHEREAS, Guadalupe Cobanov (“Applicant”) has filed applications for Amendment No. 47 to Specific Plan No. 40, Conditional Use Permit No. 1107, Variance No. 799, Historic Parking Modification No. 31, and Historic Resource Designation No. 135 for an adaptive reuse project to establish a medical office use in a residential building, and construct a 1,238 square foot two-story addition, with associated improvements (collectively, the “Project”) located at 1605 Calvary Circle (the “Property”) (San Bernardino Assessor’s Parcel No. 0293-133-13-0000); and WHEREAS, Variance No. 799 is a proposal for a reduction in the front yard setback requirement (from 25’0” to 20’2”) to allow the encroachment of a ramp to accommodate required ADA accessibility, and a reduction to the parking lot setback (from 15 feet to 0 feet) to accommodate the adaptive reuse of the Property; and
WHEREAS, on February 22, 2022, the Planning Commission held a public meeting and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the Applicant; and
WHEREAS, on February 22, 2022, the Planning Commission recommended to the City Council that Variance No. 799 be approved; and

WHEREAS on April 8, 2022, notice of the City Council’s public hearing for Variance No. 799 was published in the Redlands Daily Facts by the City Clerk; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. The City Council hereby determines that approval of the Project and this Resolution approving Variance No. 799 are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3), 15301, 15305, and 15331 of the State’s CEQA Guidelines.

Section 2. The City Council of the City of Redlands hereby approves Variance No. 799 for the Project subject to the conditions of approval identified in Exhibit “A” of this Resolution, and based upon the following findings:

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A. That there are exceptional or extraordinary circumstances or conditions applicable to the Property or to the intended use that do not apply generally to other properties or uses in the same vicinity and zone;
There are exceptional and extraordinary circumstances that are applicable to the Property.

The Property was subdivided prior to the area’s transition to commercial, office, and high density residential, without the foresight of adaptive reuse. As such, the Property is uniquely shaped, with a narrow portion intended to provide access to Calvary Circle. The Property is also uniquely adjacent to three public rights-of-way, including Calvary Circle to the north, Alabama Street to the east, and Barton Road to the south, which require the Property to comply with three larger street-side setbacks, thus limiting the available building area on the Property. The site is also sloped, with a 6 foot increase in elevation from north to south, over approximately 230 linear feet. Furthermore, the site must be designed around an existing building, requested for designation as a historic resource, in order to retain the historic integrity of the building. This combination of Property constraints is unique to this Property, in comparison to properties within the same vicinity and zone.

B. That such variance is necessary for the preservation and enjoyment of a substantial Property right possessed by other properties in the same vicinity and zone district, but which is denied to the Property in question;
The variance is necessary for the Property to establish a use that is permitted by right within the underlying zoning designation. The adaptive reuse of this Property by establishing a medical office in an existing single family dwelling will require site improvements, related to the Property’s conversion to commercial office, including on-site parking, landscaping, ADA improvements, and a refuse enclosure. These requirements cannot be completed without the approval of the variance application. Other properties in the same vicinity and zone do not have a requirement for three large street-side setbacks, which is a physical constraint on the subject Property that is inhibiting its ability to be developed to the same extent as other properties. As such, the use and development of the Property with a permitted use, allowed in the same vicinity and zone district, would be denied to the Property in question without the approval of a variance.

C. That the granting of such variance will not be detrimental to the public welfare or injurious to the Property or improvements of others in the vicinity; The granting of such a variance will not be detrimental to the public welfare or injurious to the Property or improvement of others in the vicinity. The reduced parking lot setback and building setback for the construction of an ADA-compliant accessible ramp will not create situations that are dangerous or harmful to the public. Additionally, the variance would not affect the Property or improvements of others in the vicinity, as the variance is limited to on-site improvements that are related to this specific Property.

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D. That the granting of such variance will not adversely affect the general plan of the city of Redlands.

Variance No. 799 will not adversely affect the City’s General Plan. Appropriate adaptive reuse projects is encouraged in the City General Plan’s policies as a mechanism to promote historic preservation. The approval of Variance No. 799 will support the adaptive reuse project and allow for it to occur. The variance will not conflict with the City’s General Plan or any of its policies.

Section 3. Effective Date. This Resolution shall become effective upon adoption.

ADOPTED, SIGNED AND APPROVED this 19th day of April, 2022.

______________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk

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EXHIBIT “A”

CONDITIONS OF APPROVAL
VARIANCE NO. 799

1. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code.

2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of City Council approval, on April 5, 2024.

3. This approval is for Variance No. 799 to allow a reduction in the front yard setback (from 25’0” to 20’2”) to allow the encroachment of a ramp to accommodate ADA accessibility, and a recommendation for a reduction to the parking lot setback (from 15 feet to 0 feet) to accommodate the adaptive reuse of the property located at 1605 Calvary Circle in the Administrative Professional (EV/AP) District of the East Valley Corridor Specific Plan (APN: 0293-133-13-0000):

4. All plans submitted to the City shall reflect Planning Commission approval and any other changes required by the Commission and/or staff.

5. A building permit shall be obtained prior to the construction of any structure.

6. No Certificate of Occupancy or finaled building permit shall be granted until all conditions of approval have been satisfied.

7. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design without first consulting with the Development Services Director or his designee.

8. The applicant for this subdivision, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the “Security”) in a form and in an amount satisfactory to the City, to ensure applicant’s performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.
_____________________
Brian Desatnik
Development Services Director
Redlands Regular Meeting of 04-19-22 348 of 487
1 L:\ca\Reso\8325 Cobanov Historic Parking Modification No. 31.docx.jn RESOLUTION NO. 8325

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING A HISTORIC PARKING MODIFICATION NO. 31 IN CONNECTION WITH THE ADAPTIVE REUSE OF THE PROPERTY LOCATED AT 1605

CALVARY CIRCLE
WHEREAS, Guadalupe Cobanov (“Applicant”) has filed applications for Amendment No. 47 to Specific Plan No. 40, Conditional Use Permit No. 1107, Variance No. 799, Historic Parking Modification No. 31, and Historic Resource Designation No. 135 for an adaptive reuse project to establish a medical office use in a residential building, and construct a 1,238 square foot two-story addition, with associated improvements (collectively, the “Project”) located at 1605 Calvary Circle (the “Property”) (San Bernardino Assessor’s Parcel No. 0293-133-13-0000); and WHEREAS, Historic Parking Modification No. 31 is a request to reduce the landscaping planter width from 5’0” to 3’0”, reduce the driveway width from 26’0” to 20’4”, waiving loading space requirements, allow four (4) compact parking stalls for the adaptive reuse of the structure as a medical office; and
WHEREAS, on February 22, 2022, the Planning Commission held a public meeting and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the Applicant; and
WHEREAS, on February 22, 2022, the Planning Commission recommended to the City Council that Variance No. 799 be approved; and

WHEREAS on April 8, 2022, notice of the City Council’s public hearing for the Amendment was published in the Redlands Daily Facts by the City Clerk; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. The City Council hereby determines that approval of the Project and this Resolution approving Historic Parking Modification No. 31 are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(b)(3), 15301, 15305, and 15331 of the State’s CEQA Guidelines.

Section 2. The City Council of the City of Redlands hereby approves Historic Parking Modification No. 31 for the Project subject to the conditions of approval identified in Exhibit “A” of this Resolution, and based upon the following findings:

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2 L:\ca\Reso\8325 Cobanov Historic Parking Modification No. 31.docx.jn A. The proposed parking modification and use of the historic structure is necessary or desirable for the development of the community, is in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone;
The parking modification is necessary to ensure the adaptive reuse of the existing single family dwelling as a medical office will be able to meet their minimum parking requirement on-site. The use of the historic structure as a medical office is necessary and desirable for the development of the community, as it allows the property to transition to a use permitted by right in the zoning designation. It is in harmony with the various elements and objectives of the general plan, which encourage appropriate adaptive reuse projects, and is not detrimental to existing uses or uses specifically permitted in the zone. With the parking modification, as proposed, the Project will not require a reduction in parking stalls, will not need to rely on parking located within the public right-of-way or rely on off-site parking agreements.

B. That approving the proposed parking modification and use will significantly improve the possibility that the structure will be preserved and maintained as a historic structure;
The approval of the parking modification will significantly improve the possibility that the structure will be preserved and maintained as a historic structure. The property, as part of the Project as a whole, is requesting historic designation. Additionally, the Project will allow the conversion of the property to a medical use, complete the rehabilitation to the existing building, and allow the building, which has been vacant for several years, to be occupied by a new office tenant.

C. That the required parking cannot be provided without the approval of the requested modification;
The Project’s ability to meet the required parking is contingent on the approval of the historic parking modification, as requested. Due to the limitations of property size and configuration, as well as the limited available area to construct parking and landscaping improvements, the more flexible regulations under the modification will allow the property to comply with requirements and meet their minimum parking requirements.

D. That all on-site parking lots will function safely;
The on-site parking lot will function safety. All parking stalls meet the minimum requirements for standard and compact parking stalls in the RMC, and the drive aisle will comply with the 26 foot minimum requirement for 2-way traffic. The design has also been reviewed by the City’s Municipal Utilities and Engineering Department and Fire Department.

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3 L:\ca\Reso\8325 Cobanov Historic Parking Modification No. 31.docx.jn E. That approval of the parking modification will not harm the integrity of the historic structure or the surrounding neighborhood;
The parking modification will not harm the integrity of the historic structure or the surrounding neighborhood, as the Project has been designed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and provides flexibility in parking standards to ensure the integrity may be maintained.

Section 3. Effective date. This Resolution shall become effective upon adoption.

ADOPTED, SIGNED AND APPROVED this 19th day of April, 2022. ______________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 04-19-22 351 of 487
4 L:\ca\Reso\8325 Cobanov Historic Parking Modification No. 31.docx.jn I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 352 of 487
5 L:\ca\Reso\8325 Cobanov Historic Parking Modification No. 31.docx.jn EXHIBIT “A”

CONDITIONS OF APPROVAL
HISTORIC PARKING MODIFICATION NO. 31

1. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code.

3. This approval is for Historic Parking Modification No. 31 to allow for the following modifications for the property located at 1605 Calvary Circle in the Administrative Professional (EV/AP) District of the East Valley Corridor Specific Plan (APN: 0293-133-13- 0000):

A. Allow a reduction in the width of landscape planters to 3 feet B. Allow up to 4 compact parking stalls, without requiring twenty five full sized spaces C. Allow for the deletion of the loading space requirements for historic structures having less than 6,000 square feet of gross floor area;
D. Allow the reduction of driveway approach from 26 feet to approximately 20’4” feet.

4. All plans submitted to the City shall reflect Planning Commission approval and any other changes required by the Commission and/or staff.

5. A building permit shall be obtained prior to the construction of any structure.

6. No Certificate of Occupancy or finaled building permit shall be granted until all conditions of approval have been satisfied.

8. The applicant for this subdivision, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the “Security”) in a form and in an amount satisfactory to the City, to ensure applicant’s performance of its Redlands Regular Meeting of 04-19-22 353 of 487
6 L:\ca\Reso\8325 Cobanov Historic Parking Modification No. 31.docx.jn defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.

9. The property owner or operator may not modify any use approved by this permit unless the Planning Division determines that Developer has provided the parking required by the Redlands Municipal Code for the modified use.
_____________________
Brian Desatnik
Development Services Director

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City Council Meeting L. 1.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to an employment agreement for the position of City Attorney (Mayor Barich and Mayor Pro Tem Tejeda)
DISCUSSION:

In light of the City Council's discussion in its Closed Session, this item has been added to the agenda by City staff to serve as a placeholder should the City Council wish to discuss and take action regarding an employment agreement for the position of City Attorney.

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City Council Meeting L. 2.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an additional appropriation in the amount of $11,508,106 for the City’s allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA) (Assistant City Manager McConnell)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion(s) is/are provided:

I move to authorize an additional appropriation in the amount of $11,508,106 for the City’s allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA)

1. RECOMMENDATION:

Staff recommends the City Council authorize an additional appropriation in the amount of $11,508,106 for the City’s allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA). The additional appropriation will memorialize the use of funds as approved by City Council on March 15, 2022:

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Category Program Name Total
Budget
Assistance to
Households
Grocery Card Program $2,024,400
Utility Bill Assistance $450,300
Services for
Unhoused
Steps for Life $126,750
Homeless Coordinator $323,250
Economic Business
Recovery
Business Gift Voucher
Match $2,250,000
Waste Water Rate
Reduction
Waste Water Treatment
Plant Project $1,000,000
Premium Pay Premium Pay for Eligible
Employees $3,100,500
Nonprofit Assistance Assistance to Nonprofits $200,000
Pandemic Response
Limited-Term Administrative
Assistance $232,000
Public Health Response $1,800,906
Total $11,508,106
DISCUSSION:

On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and to limit the impacts on communities, residents, and businesses.

Redlands’ total allocation of the $350 Billion SLFRF funding through ARPA is $11,508,106.

During the March 15, 2022 City Council meeting, Council approved the program recommendations for the use of ARPA Funds. Council’s authorization of this additional appropriation will memorialize the approved funding allocations under this program.

ALTERNATIVES:

The City Council may elect not to approve the additional appropriation and direct staff accordingly.

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STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Janice McConnell, 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:

Maira Durazo, Grants Coordinator
Fiscal Impact
Appropriation Required Y/N: Y
Amount: $11,508,106
Discussion:

The total Coronavirus State and Local Fiscal Recovery Funds (SLFRF) grant award to Redlands is $11,508,106. Approval of the additional appropriation will allocate the funds to the approved programs.

Attachments
Attachment A - Additional Appropriation
Attachment B - Additional Appropriation Expense Codes
Redlands Regular Meeting of 04-19-22 358 of 487
DATE OF REQUEST:

An additional 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:

Account Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) Account Description Orgkey Object Code Amount Department Head
City Manager

CITY OF REDLANDS

REQUEST FOR ADDITIONAL APPROPRIATION

FINANCE USE ONLY

Page 1 of 1 ends

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Category
Per Council
Approval dated
3/15/22 Account Description Orgkey Object Project Ledger Code Grocery Gift Card Program 2,024,400.00 Special Program Expenditures 200120 6708 F120002 Utility Bill Assistance 450,300.00 Special Program Expenditures 200120 6708 F120002 Steps 4 Life 126,750.00 Special Contractual Services 200120 6710 F120002 Homeless Sol. Coordinator 323,250.00 Salaries:Full Time 200120 5001 F120002 Business Gift Voucher Match 2,250,000.00 Special Program Expenditures 200120 6708 F120002 WWTP Project 1,000,000.00 Wastewater Infrastructure 200120 8401 F120002 Premium Pay 3,100,500.00 Salaries:Full Time 200120 5001 F120002 Assistance to Nonprofits 200,000.00 Community Grant Award 200120 6704 F120002 Limited-Term Admin Assistants 232,000.00 Salaries:Full Time 200120 5001 F120002 Public Health Response 1,800,906.00 F120002
11,508,106.00
*Breakdown:

Payroll (COVID-Response & Admin) 522,006.00 Salaries:Full Time 200120 5001 F120002 Payroll (Isolation/Quarantine Exp) 1,095,634.00 Salaries:Full Time 200120 5001 F120002 Training Training 358.00 200120 6403 F120002
Telework expenses Software Support & Dev 44,158.00 200120 6703 F120002 Communication Efforts Special Departmental Supplies 200120 7810 15,000.00 F120002 ARPA Consultant Fee & Other Prof. Services Other Professional Services 200120 6106 5,780.00 F120002 PPE Medical Supplies 50,311.00 200120 7804 F120002
Sanitizing/Disinfection Services Janitorial Services 35,000.00 200120 6903 F120002 Sanitizing/Disinfection Supplies Special Departmental Supplies 200120 7810 32,659.00 F120002 1,800,906.00
-
*See breakdown below
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City Council Meeting L. 3.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance No. 2932, adopting a military equipment use policy (Police Chief Catren)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

1. Mayor requests the City Clerk to read the title of Ordinance No. 2932.

I move to waive further reading of Ordinance No. 2932 and introduce Ordinance 2932;
RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 2932.

DISCUSSION:

Effective January 1, 2022, all law enforcement agencies in California are required to adopt a policy concerning the funding, acquisition and use of military equipment as defined by Government Code § 7070; Government Code § 7071; Government Code § 7072.

Section 7071 requires each law enforcement agency to obtain approval of the applicable governing body, by adoption of a military equipment use policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, use, or collaboration with another agency in the use, of military equipment. The section requires similar approval for the continued use of military equipment acquired before January 1, 2022 with May 1, 2022 as the deadline for an agency to begin a governing body approval process.

The law provides a definition of military equipment, requires the Chief of Police Redlands Regular Meeting of 04-19-22 361 of 487
The law provides a definition of military equipment, requires the Chief of Police to designate a military equipment coordinator and obtain approval from the governing body (Redlands City Council) by way of an ordinance adopting the military equipment policy. The policy must include: a description of each type of military equipment; the quantity sought; its capabilities; lifespan; the manufacturer’s product description; the purposes and authorized uses; the fiscal impact; the legal and procedural rules that govern each use; the training that must be completed before any member is allowed to use the equipment; the mechanisms to ensure compliance with the policy; the procedures by which members of the public may register complaints or concerns or submit questions about the use of military equipment; and how the department will ensure that each complaint, concern, or question receives a response in a timely manner.

The attached policy meets all the legal requirements set forth in the aforementioned Government Code sections. The policy was posted on the department's website for public review for more than the 30 days required by law.

ALTERNATIVES:

The City Council may elect not to adopt the ordinance.

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 21/22
Appropriation Required Y/N: N
Redlands Regular Meeting of 04-19-22 362 of 487
Discussion:

There is no additional fiscal impact resulting from the approval of this resolution.

Attachments
Ordinance 2932
Military Equipment Policy
Redlands Regular Meeting of 04-19-22 363 of 487
1 L:\ca\Ord\2932 Adding Article III Military Equipment Policy.docx ORDINANCE NO. 2932

AN ORDINANCE OF THE CITY OF REDLANDS ADDING ARTICLE III TO CHAPTER 2.14 OF THE REDLANDS MUNICIPAL CODE RELATING TO

USE OF MILITARY EQUIPMENT BY THE POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by local law enforcement agencies; and WHEREAS, the Redlands Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481, and may further acquire other items of military equipment in the future; and
WHEREAS, AB 481 requires, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the agency’s use of such equipment; and WHEREAS, the military equipment use policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried by the City’s Police Department and presented to this City Council is deemed necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, the proposed Military Equipment Use Policy, Redlands Police Department Policy 706, will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and WHEREAS, the military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, the City’s Police Department has submitted the proposed Military Equipment Use Policy to this City Council, and thereafter has made those documents available on the Police Department’s website for at least thirty (30) days prior to the public meeting concerning the military equipment at issue; and
WHEREAS, the City Council recognizes that there is a need to enact the restrictions contained in this Ordinance to protect the public health, safety and welfare; Redlands Regular Meeting of 04-19-22 364 of 487
2 L:\ca\Ord\2932 Adding Article III Military Equipment Policy.docx THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. Article III, titled “Military Equipment Policy,” is hereby added to Chapter

2.14 of the Redlands Municipal Code to read as follows:
“Article III. MILITARY EQUIPMENT USE POLICY

2.14.100: MILITARY EQUIPMENT USE POLICY:

A. The City Council hereby adopts Policy No. 706 of the Redlands Police Department’s Policy Manual as the City’s Military Equipment Policy, which shall govern the use of military equipment by the Redlands Police Department. Policy No. 706 is attached to City of Redlands Ordinance No. 2932 as Exhibit “A.”
B. The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use, or as otherwise determined by the City Council.

C. The Police Department shall submit an annual military equipment use report to the City Council containing the information required by Government Code section 7072, and the City Council shall thereafter determine whether each type of military equipment identified therein complies with the standards for approval set forth in Government Code Section 7071(d).

D. The City Council shall, on an annual basis and at a regular meeting thereof, review Ordinance No. 2932 and vote on whether to renew pursuant to Government Code Section 7071(e)(2).

E. The definitions set forth in Government Code section 7070 shall apply to this Article and Ordinance No. 2932. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.”
Section 2. That the City Council hereby finds and determines that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the State’s Guidelines implementing CEQA.

Section 3. The Mayor shall sign this Ordinance and the City Clerk shall certify to the adoption of this Ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law.
__________________________
Paul T. Barich, Mayor
ATTEST:
_____________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 365 of 487
3 L:\ca\Ord\2932 Adding Article III Military Equipment Policy.docx I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the _______ day of _____ 2022, by the following vote:

AYES:

NOES:

ABSENT:
__________________________________
Jeanne Donaldson City Clerk
Redlands Regular Meeting of 04-19-22 366 of 487
4 L:\ca\Ord\2932 Adding Article III Military Equipment Policy.docx EXHIBIT “A”

MILITARY EQUIPMENT USE POLICY
[ATTACHED]
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Policy
706
Redlands Police Department
Redlands PD Policy Manual
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Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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706.2 POLICY
It is the policy of the Redlands Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Redlands Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Robot (Category 1)
Description, quantity, capabilities, and purchase cost:

ROBOTEX AVATAR 3, cost: approximately $12,500, quantity: 1. This equipment is a battery powered, remote operated device, equipped with a camera and two way radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Special Weapons and Tactics Team (SWAT). Incidents that may qualify for its use include, but are not limited to, a high risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can Redlands Regular Meeting of 04-19-22 369 of 487
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also help determine if a subject is armed and also if there are other subjects inside that need assistance. The two-way speakers can be used to de-escalate and determine resistance level. The ROBOTEX AVATAR 3 can be hand carried and both can be remotely operated from a safe distance, reducing the risk to the operator.

Purpose:

To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the SWAT Commander and or Incident Commander.

Expected Life Span:

Approximately 5-10 years.

Fiscal Impact:

No annual maintenance.

Training:

All tactical robot operators are trained in the use and operation of the robot.

Legal and Procedural Rules:

It is the policy of the RPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Unmanned Aerial System (Category 1)
Description, quantity, capabilities, and purchase cost:

An unmanned aerial system (UAS) is an unmanned aircraft along with the associated equipment necessary to control it remotely. The UAS has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

DJI MATRICE M210, cost: approximately $6,500 each, quantity: 1. UAS that weighs approximately 3800 grams and is able to record video and audio with approximately 30 minutes of flight time.

DJI PHANTOM 4 PRO, cost: approximately $1,600 each, quantity: 5. UAS that weighs approximately 1375 grams and has video recording capabilities, approximately 30 minutes of flight time.

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DJI MAVIC ENTERPRISE DUALS, cost: approximately $5,500 each, quantity: 2. UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approximately 30 minutes of flight time.

Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

Major collision investigations.

Search for missing persons.

Natural disaster management.

Crime scene photography.

SWAT, tactical or other public safety and life preservation missions.

In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.

Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions.

Expected Life Span:

All UAS equipment, approximately 3-5 years.

Fiscal Impact:

Annual maintenance and battery replacement cost is approximately $700.

Training:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.

Legal and Procedural Rules:

Use is established under Policy 604 (Unmanned Aerial System Operations) and FAA Regulation 14 CFR Part 107. It is the policy of the RPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Armored Vehicles (Category 2 & 3)
Description, quantity, capabilities, and purchase cost:

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Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

LENCO BEARCAT, G3, cost: approximately $350,000, quantity: 1. The Lenco Bearcat, G3, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. The Bearcat G3 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Navistar MaxxPro MRAP, cost: free, quantity: 1. The MaxxPro MRAP vehicle that seats 8 personnel that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver’s license.

Lifespan:

Lenco Bearcat model G3, approximately 25 years.

Navistar MAxxPro MRAP, approximately 25 years.

Fiscal Impact:

Lenco Bearcat: Annual maintenance cost: Approximately $5,000.

MRAP: Approximately $4,500.

Training:

All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules:

Use is established under policy 405 (Ballistic Rescue Vehicle) and 704 (Federally Controlled Equipment). It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

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Command and Control Vehicle (Category 5)
Description, quantity, capabilities, and purchase cost:
5 th wheel trailer vehicle, cost: approximately $200,000, quantity: 1. The Mobile Command Unit (MCU) is a custom built, 5th wheel trailer vehicle containing a mobile office that provides shelter, access to Police Department computer systems, and restroom facilities on extended events. The MCU can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Purpose:

To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Authorized Use:

The MCU shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver’s license.

Lifespan:

The MCU: Approximately 20-year lifespan on chassis and vehicle structure. Upgrades needed to maintain IT systems.

Fiscal Impact:

Annual maintenance cost is approximately $2,000.

Training:

The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/ operator will drive the vehicle throughout the city with an experienced driver.

Legal and Procedural Rules:

It is the policy of the Department to use the MCU only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

Projectile Launch Platforms and associated munitions (Category 14) Description, quantity, capabilities, and purchase cost:
40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition.

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DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost: $1000, quantity: approximately 15. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE, #6325, cost: $18, quantity:
approximately 100. A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS.

The 30-gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.

DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT OC, #6320, cost: $30, quantity:
approximately 100. A less lethal 40MM lightweight plastic and crushable foam projectile fired from a single or multi-round purpose-built 40mm grenade launcher with a rifled barrel at 295 FPS. The 39-gram crushable foam projectile delivers 120 ft/lbs of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.

DEFENSE TECHNOLOGY, 40MM LIQUID FERRET ROUND CS, #1262, cost:
approximately $30, quantity: approximately 25. Minimizes the risk to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent subjects.

DEFENSE TECHNOLOGY, 40MM POWDER FERRET ROUND CS, #1292, cost:
approximately $30, quantity: approximately 25. Minimizes the risk to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent subjects.

DEFENSE TECHNOLOGY, 40MM POWDER FERRET ROUND OC, #1290, cost:
approximately $30, quantity: approximately 25. Minimizes the risk to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent subjects.

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

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Training exercises or approved demonstrations.

Training:

Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agents instructors.

Lifespan:

Defense Technology #1425: approximately 25 years
Model 6325 Exact Impact Sponge: approximately 5 years
Model 6320 Direct Impact OC: approximately 5 years.

Fiscal Impact:

Annual maintenance is approximately $50 for each launcher.

Legal and Procedural Rules:

Use is established under policy 303.9 (Kinetic Energy Projectile Guidelines), 303.6 (Tear Gas Guidelines) and 303.7 (Oleoresin Capsicum Guidelines). It is the policy of the RPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Noise-Flash Diversionary Devices (Category 12)
Description, quantity, capabilities, and purchase cost:

A distraction device is used to distract dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

DEFENSE TECHNOLOGY, TACTICAL DIVERSIONARY DEVICE, #8909 NR, cost:
approximately $50, quantity: approximately 25. The Defense Technology Tactical Diversionary Device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other highrisk arrest situations.

Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use:

Diversionary Devices shall only be used:

By officers who have been trained in their proper use.

In hostage and barricaded subject situations.

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In high risk warrant (search/arrest) services where there may be extreme hazards to officers.

During other high-risk situations where their use would enhance officer safety.

During training exercises.

Lifespan:

Until used.

Fiscal Impact:

No annual maintenance.

Training:

Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.

Legal and Procedural Rules:

Use is established under policy 704.3 (Federally Controlled Equipment). It is the policy of the RPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Specialized Firearms and Ammunition (Category 10)
Description, quantity, capabilities, and purchase cost:

The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. Submachine guns are magazine fed automatic firearms designed to fire handgun cartridges.

SIG SAUER 716 DMR AR-10.308 CALIBER RIFLE, MODEL LR-308: cost: $1500, quantity:

1. The Sig Sauer 716 DMR AR-15 is a high precision rifle that fires.308 cartridges accurately at long range. This rifle is primarily used in an overwatch capacity to protect the community during large events
REMINGTON POLICE LTR.308 BOLT ACTION RIFLE: cost: approximately $1,200, quantity:

4. The Remington Police LTR is a highly accurate bolt action centerfire rifle. This rifle is primarily used in an overwatch capacity to protect the community during large events.

AR-15 RIFLE (Manufactured by Colt, Bushmaster, Sig Sauer, Fabrique Nationale): cost:
approximately $1,200, quantity: approximately 100. A rifle that fires both.223 (duty) and

5.56 (practice) cartridges. The AR-15 allows a trained officer to engage threats with greater accuracy than a handgun.

HECKLER & KOCH MP-5: cost: approximately $2,800, quantity: approximately 6. A submachinegun that fires 9mm cartridges. The MP-5 allows a trained officer to engage Redlands Regular Meeting of 04-19-22 376 of 487
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threats at close range or within a structure with less likelihood of over penetrating the target.

It should be noted that the MP-5’s are not issued to officers and not deployed in the field.

WINCHESTER RANGER CENTERFIRE RIFLE CARTRIDGES.223 REM, 55 GRAIN, POINTED SOFT POINT, cost: approximately $630 per case of 1000, quantity: 50 cases.

This Winchester Ranger 223 Remington ammo features a 55 Grain Pointed Soft Point bullet.

Winchester Ranger is the highest quality hollow point ammunition money can buy. This Winchester Ranger.223 55 grain Power Point Soft Point is intended for Law Enforcement use, Ranger is Winchesters Highest Quality. This Winchester Ranger 223 Remington is new ammo not Police Department surplus. This Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and a muzzle energy of 1262 foot pounds. Winchester Ranger ammo is reloadable, features brass cases and Boxer primers. This ammunition is non-corrosive.

WINCHESTER CENTERFIRE CARTRIDGES 5.56MM, 55 GRAIN, FULL METAL JACKET, cost: approximately $370 per case of 1000, quantity: approximately 500 cases. USA Ammunition is the ideal choice for training, competition or a long session at the range. The easily identifiable white box means high quality and reliability at a low price. This ammunition is new production, non-corrosive, in boxer primed, reloadable brass cases. 308 WIN TAP 168 gr A-MAX TAP PRECISION: cost: approximately $35 per box of 20, quantity: approximately 375 boxes. The168 gr. A-MAX bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A-MAX bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady 168 gr. A-MAX TAP Precision offers industry leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.

Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use:

Only members that are POST certified are authorized to use a rifle.

Lifespan:

Sig Sauer 716 DMR AR-10.308 Caliber Rifle, Model LR-308: No expiration.

Remington Police LTR.308 Bolt Action Rifle: No expiration.

AR-15 Rifle (Manufactured by Colt, Bushmaster, Sig Sauer, Fabrique Nationale): No expiration.

Heckler & Koch MP-5: No expiration.

Winchester.223 Ammunition: No expiration.

Winchester 5.56mm Ammunition: No expiration.

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308 WIN TAP 168 gr A-MAX Tap Precision: No expiration.

Fiscal Impact:

Annual maintenance is approximately $50 for each rifle.

Training:

Officers shall not carry or utilize the patrol rifle unless they have successfully completed departmental training. Officers shall thereafter be required to successfully complete trimester training and qualification conducted by a certified patrol rifle instructor.

Legal and Procedural Rules:

Use is established under policy 417 (Patrol Rifles). It is the policy of the RPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Chemical Agent and Smoke Canisters (Category 12)
Description, quantity, capabilities, and purchase cost:

Canisters that contain chemical agents that are released when deployed.

DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE, #1032, cost $45, quantity: approximately 10. The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately.70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/ or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

DEFENSE TECHNOLOGY, OC/CS AEROSOL GRENADE, #1050, cost: approximately $49, quantity: approximately 16. The Defense Technology OC/CS Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of OC and CS in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC/CS on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory Redlands Regular Meeting of 04-19-22 378 of 487
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effects within minutes. The OC Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired.

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to deploy chemical agents.

Training:

Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.

Lifespan:
5 years from manufacturing date
Fiscal Impact:

No annual maintenance.

Legal and Procedural Rules:

Use is established under policy 303.6 (Tear Gas Guidelines). It is the policy of the RPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Less Lethal Shotgun (Category 12)
Description, quantity, capabilities, and purchase cost:

The Less Shotgun is used to deploy the less lethal 12-Gauge Ferret Rounds.

REMINGTON 870 SHOTGUN, cost: $946, quantity: 1. The Remington 870 Shotgun is used to deploy the less lethal 12-Gauge Ferret Rounds up to a distance of 35 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

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DEFENSE TECHNOLOGY, 12-GAUGE LIQUID FERRET ROUND, CS, #3012, cost:
approximately $8, quantity: approximately 20. The Ferret 12-Gauge Liquid CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a 2.5 in. 12-Gauge round deploying.025 oz. of active agent.

DEFENSE TECHNOLOGY, 12-GAUGE POWDER FERRET ROUND, CS, #3092, cost:
approximately $8, quantity: approximately 20. The Ferret 12-Gauge Powder CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a 2.5 in. 12-Gauge round deploying.025 oz. of active agent.

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

Lifespan:

Remington 870 Shotgun: 25 years.

Defense Technology Ferret 12-Gauge Liquid Barricade Round: 5 years.

Defense Technology Ferret 12-Gauge Powder Barricade Round: 5 years.

Fiscal Impact:

Annual maintenance is approximately $50.

Training:

SWAT operators who utilize these munitions have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training.

Legal and Procedural Rules:

Use is established under Policy 303.9.3. It is the policy of the RPD to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

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Breaching Tools (Category 7)
Description, quantity, capabilities, and purchase cost:

Material or equipment that is used to create a breach point opening in a structure during a hostage rescue operation or other high risk entry.

KBT 3-1000, cost: approximately $18,000, quantity: 1. This device allows breachers to safely utilize blank cartridge rounds to deliver kinetic energy into a steal ram in order to destroy deadbolts, locks, and hinges. No projectile or explosive energy leaves the device except for the force of the ram, which is permanently captured in the tool.

Purpose:

To safely gain entry into a structure.

Authorized Use:

KBT breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Lifespan:

Breaching Tool: 25 years
Fiscal Impact:

Annual maintenance is approximately $500.

Training:

All officers who use KBT shall receive instruction on the safe and proper use of the KBT and must periodically receive refresher training.

Legal and Procedural Rules:

It is the policy of the RPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law .
706.5 MAINTENANCE OF MILITARY EQUIPMENT SUPPLIES
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 25% of stock in a fiscal quarter without city council approval to maintain essential availability for the Department’s needs. 706.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior Redlands Regular Meeting of 04-19-22 381 of 487
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to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Policy
706
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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the Redlands Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Redlands Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

Robot (Category 1)
Description, quantity, capabilities, and purchase cost:

ROBOTEX AVATAR 3, cost: approximately $12,500, quantity: 1. This equipment is a battery powered, remote operated device, equipped with a camera and two way radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Special Weapons and Tactics Team (SWAT). Incidents that may qualify for its use include, but are not limited to, a high risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can Redlands Regular Meeting of 04-19-22 384 of 487
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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 3 also help determine if a subject is armed and also if there are other subjects inside that need assistance. The two-way speakers can be used to de-escalate and determine resistance level. The ROBOTEX AVATAR 3 can be hand carried and both can be remotely operated from a safe distance, reducing the risk to the operator.

Purpose:

To be used to remotely gain visual/audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the SWAT Commander and or Incident Commander.

Expected Life Span:

Approximately 5-10 years.

Fiscal Impact:

No annual maintenance.

Training:

All tactical robot operators are trained in the use and operation of the robot.

Legal and Procedural Rules:

It is the policy of the RPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Unmanned Aerial System (Category 1)
Description, quantity, capabilities, and purchase cost:

DJI MATRICE M210, cost: approximately $6,500 each, quantity: 1. UAS that weighs approximately 3800 grams and is able to record video and audio with approximately 30 minutes of flight time.

DJI PHANTOM 4 PRO, cost: approximately $1,600 each, quantity: 5. UAS that weighs approximately 1375 grams and has video recording capabilities, approximately 30 minutes of flight time.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 4 DJI MAVIC ENTERPRISE DUALS, cost: approximately $5,500 each, quantity: 2. UAS that has a color and infrared camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approximately 30 minutes of flight time.

Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

Major collision investigations.

Search for missing persons.

Natural disaster management.

Crime scene photography.

SWAT, tactical or other public safety and life preservation missions.

In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.

Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions.

Expected Life Span:

All UAS equipment, approximately 3-5 years.

Fiscal Impact:

Annual maintenance and battery replacement cost is approximately $700.

Training:

Legal and Procedural Rules:

Armored Vehicles (Category 2 & 3)
Description, quantity, capabilities, and purchase cost:

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 5 Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use:

Lifespan:

Lenco Bearcat model G3, approximately 25 years.

Navistar MAxxPro MRAP, approximately 25 years.

Fiscal Impact:

Lenco Bearcat: Annual maintenance cost: Approximately $5,000.

MRAP: Approximately $4,500.

Training:

All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Legal and Procedural Rules:

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 6 Command and Control Vehicle (Category 5)
Description, quantity, capabilities, and purchase cost:
5 th wheel trailer vehicle, cost: approximately $200,000, quantity: 1. The Mobile Command Unit (MCU) is a custom built, 5th wheel trailer vehicle containing a mobile office that provides shelter, access to Police Department computer systems, and restroom facilities on extended events. The MCU can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.

Purpose:

To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Authorized Use:

Lifespan:

The MCU: Approximately 20-year lifespan on chassis and vehicle structure. Upgrades needed to maintain IT systems.

Fiscal Impact:

Annual maintenance cost is approximately $2,000.

Training:

Legal and Procedural Rules:

It is the policy of the Department to use the MCU only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 7 DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, #1425, cost: $1000, quantity: approximately 15. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet.

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 8 Training exercises or approved demonstrations.

Training:

Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agents instructors.

Lifespan:

Defense Technology #1425: approximately 25 years
Model 6325 Exact Impact Sponge: approximately 5 years
Model 6320 Direct Impact OC: approximately 5 years.

Fiscal Impact:

Annual maintenance is approximately $50 for each launcher.

Legal and Procedural Rules:

Noise-Flash Diversionary Devices (Category 12)
Description, quantity, capabilities, and purchase cost:

A distraction device is used to distract dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Purpose:

Authorized Use:

Diversionary Devices shall only be used:

By officers who have been trained in their proper use.

In hostage and barricaded subject situations.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 9 In high risk warrant (search/arrest) services where there may be extreme hazards to officers.

During other high-risk situations where their use would enhance officer safety.

During training exercises.

Lifespan:

Until used.

Fiscal Impact:

No annual maintenance.

Training:

Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.

Legal and Procedural Rules:

Specialized Firearms and Ammunition (Category 10)
Description, quantity, capabilities, and purchase cost:

SIG SAUER 716 DMR AR-10.308 CALIBER RIFLE, MODEL LR-308: cost: $1500, quantity:

4. The Remington Police LTR is a highly accurate bolt action centerfire rifle. This rifle is primarily used in an overwatch capacity to protect the community during large events.

AR-15 RIFLE (Manufactured by Colt, Bushmaster, Sig Sauer, Fabrique Nationale): cost:
approximately $1,200, quantity: approximately 100. A rifle that fires both.223 (duty) and

5.56 (practice) cartridges. The AR-15 allows a trained officer to engage threats with greater accuracy than a handgun.

HECKLER & KOCH MP-5: cost: approximately $2,800, quantity: approximately 6. A submachinegun that fires 9mm cartridges. The MP-5 allows a trained officer to engage Redlands Regular Meeting of 04-19-22 391 of 487
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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 10 threats at close range or within a structure with less likelihood of over penetrating the target.

It should be noted that the MP-5’s are not issued to officers and not deployed in the field.

WINCHESTER RANGER CENTERFIRE RIFLE CARTRIDGES.223 REM, 55 GRAIN, POINTED SOFT POINT, cost: approximately $630 per case of 1000, quantity: 50 cases.

This Winchester Ranger 223 Remington ammo features a 55 Grain Pointed Soft Point bullet.

Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Authorized Use:

Only members that are POST certified are authorized to use a rifle.

Lifespan:

Sig Sauer 716 DMR AR-10.308 Caliber Rifle, Model LR-308: No expiration.

Remington Police LTR.308 Bolt Action Rifle: No expiration.

AR-15 Rifle (Manufactured by Colt, Bushmaster, Sig Sauer, Fabrique Nationale): No expiration.

Heckler & Koch MP-5: No expiration.

Winchester.223 Ammunition: No expiration.

Winchester 5.56mm Ammunition: No expiration.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 11 308 WIN TAP 168 gr A-MAX Tap Precision: No expiration.

Fiscal Impact:

Annual maintenance is approximately $50 for each rifle.

Training:

Legal and Procedural Rules:

Chemical Agent and Smoke Canisters (Category 12)
Description, quantity, capabilities, and purchase cost:

Canisters that contain chemical agents that are released when deployed.

DEFENSE TECHNOLOGY, OC/CS AEROSOL GRENADE, #1050, cost: approximately $49, quantity: approximately 16. The Defense Technology OC/CS Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of OC and CS in a powerful mist. The grenade is designed for indoor use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC/CS on the subject is dramatic with minimal decontamination needed. Removing the subject from the affected area to fresh air will resolve respiratory Redlands Regular Meeting of 04-19-22 393 of 487
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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 12 effects within minutes. The OC Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired.

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to deploy chemical agents.

Training:

Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.

Lifespan:
5 years from manufacturing date
Fiscal Impact:

No annual maintenance.

Legal and Procedural Rules:

Less Lethal Shotgun (Category 12)
Description, quantity, capabilities, and purchase cost:

The Less Shotgun is used to deploy the less lethal 12-Gauge Ferret Rounds.

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 13 DEFENSE TECHNOLOGY, 12-GAUGE LIQUID FERRET ROUND, CS, #3012, cost:
approximately $8, quantity: approximately 20. The Ferret 12-Gauge Liquid CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent. These munitions are a 2.5 in. 12-Gauge round deploying.025 oz. of active agent.

Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals.

Riot/crowd control and civil unrest incidents.

Circumstances where a tactical advantage can be obtained.

Potentially vicious animals.

Training exercises or approved demonstrations.

Lifespan:

Remington 870 Shotgun: 25 years.

Defense Technology Ferret 12-Gauge Liquid Barricade Round: 5 years.

Defense Technology Ferret 12-Gauge Powder Barricade Round: 5 years.

Fiscal Impact:

Annual maintenance is approximately $50.

Training:

Legal and Procedural Rules:

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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 14 Breaching Tools (Category 7)
Description, quantity, capabilities, and purchase cost:

Material or equipment that is used to create a breach point opening in a structure during a hostage rescue operation or other high risk entry.

Purpose:

To safely gain entry into a structure.

Authorized Use:

KBT breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

Lifespan:

Breaching Tool: 25 years
Fiscal Impact:

Annual maintenance is approximately $500.

Training:

All officers who use KBT shall receive instruction on the safe and proper use of the KBT and must periodically receive refresher training.

Legal and Procedural Rules:

It is the policy of the RPD to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law .
706.5 MAINTENANCE OF MILITARY EQUIPMENT SUPPLIES
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 25% of stock in a fiscal quarter without city council approval to maintain essential availability for the Department’s needs. 706.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior Redlands Regular Meeting of 04-19-22 396 of 487
Redlands Police Department
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Published with permission by Redlands Police Department ***DRAFT*** Military Equipment - 15 to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

Redlands Regular Meeting of 04-19-22 397 of 487
City Council Meeting L. 4.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an agreement with Daniel's Tire Service to provide fleet tire supply and inventory control in an amount not-to-exceed $338,329 for the initial term, with the option to extend by two additional one-year terms, for a total amount not-to-exceed $1,014,987 (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff's recommendation is appropriate, the following motion is provided:

I move that the City Council approve an agreement with Daniel's Tire Service to provide fleet tire supply and inventory control in an amount not-to-exceed $338,329 for the initial term, with the option to extend by two additional one-year terms for a total amount not-to-exceed $1,014,987.

1. RECOMMENDATION:

Staff recommends that City Council approve the agreement with Daniel's Tire Service to provide fleet tire supply and inventory control in an amount not-to-exceed $338,329 for the initial term, with the option to extend by two additional one-year terms for a total amount not-to-exceed $1,014,987.

DISCUSSION:

The City of Redlands Equipment Maintenance Division oversees the procurement and replacement of tires for the City's fleet. The proposed agreement with Daniel's Tire Service will provide fleet tire supply of both new and tire casing (recap) tires. The use of recapped tires is an industry standard for heavy-duty vehicle applications and provides the City with a safe, cost-saving, and environmentally friendly alternative to purchasing new tires.

Recapped tires provide savings of up to 40% over conventional new tire pricing.

In addition to the cost efficiency, the use of recapped tires is an environmentally Redlands Regular Meeting of 04-19-22 398 of 487
responsible alternative, as this reduces the consumption of new tires. Tire recapping use is limited to the rear wheels of heavy-duty vehicles to ensure safety.

In accordance with the City's procurement guidelines, a formal Request for Bids (RFB) was advertised on January 13, 2022, for fleet tire supply and inventory control. The City Clerk's office received and opened one bid. Staff evaluated the bids for conformance with the scope of services and qualifications in accordance with Chapter 2.16.120 of the Redlands Municipal Code and verified the total price as shown in the table below. Daniel's Tire Service met all the bidding requirements and was deemed the apparent lowest responsive and responsible bidder.

BID OPENING REPORT SUMMARY
Vendor Bid Amount
Daniel's Tire Service $338,329
Staff recommends that City Council approve the agreement with Daniel's Tire Service to provide fleet tire supply and inventory control in an amount not-to-exceed $338,329 for the initial term of one year and 72 days, with the option to extend by two additional one-year terms for a total amount not-to-exceed $1,014,987. The initial term of one year and 72 days will allow the agreement to align with the City's fiscal year, with the initial agreement effective from April 19, 2022, through June 30, 2022, followed by a term from July 1, 2022, through June 30, 2023.

ALTERNATIVES:

The City Council may elect to direct staff to reject all bids.

STRATEGIC PLAN:

Not applicable.

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
Redlands Regular Meeting of 04-19-22 399 of 487
Dana Abramovitz-Daniel, Procurement Manager
REPARED BY:

Monica Duran, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY2021-22
Amount: $50,000
Budgeted Y/N: Yes
Account No.: 607900-7214
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. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.

Fiscal Year: FY 2022-24
Amount: $288,329.00
Account No.: 607900-7214
Discussion:

Sufficient funding for this service is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2022-24 as approved by City Council. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.

Attachments
A. Agreement with Daniels Tire Service
B. Bid Opening Report
Redlands Regular Meeting of 04-19-22 400 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of fleet tire supply and inventory control (“Agreement”) is made and entered in this 19th of April, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Daniel’s Tire Service, a California company (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform fleet tire supply and inventory control services for City (the “Services”).

1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates Chris Boatman, Assistant City Manager, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The Services shall commence immediately after the Effective Date of this Agreement.

Contractor shall perform and complete the Services in a prompt and diligent manner.

4.2 The term of this Agreement shall be for a period of one (1) year and seventy two (72) days commencing on April 19, 2022 and ending June 30, 2023; (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) Redlands Regular Meeting of 04-19-22 401 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 2 additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are collectively referred to herein as the “Term” of this Agreement.

4.3 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of three hundred thirty-eight thousand three hundred twenty-nine dollars ($338,329.00) for the Services provided during the Initial Term. Should this Agreement be extended, the compensation for Contractor’s performance for the Services shall not exceed the amount of three hundred thirty-eight thousand three hundred twenty-nine dollars ($338,329.00) for the first Extended Term; and three hundred thirty-eight thousand three hundred twenty-nine dollars ($338,329.00) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of one million fourteen thousand nine hundred eighty-seven dollars ($1,014,987.00). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by this reference.

5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 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, certified, 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:

CITY CONTRACTOR
City Clerk Robert Wood, Vice President of Sales
City of Redlands Daniel’s Tire Service
35 Cajon Street 11850 Slauson Ave
P.O. Box 3005 (mailing) Santa Fe Springs, CA 90670
Redlands Regular Meeting of 04-19-22 402 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 3 Redlands, CA 92373 [email protected]
[email protected] (562) 321-1279
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and Redlands Regular Meeting of 04-19-22 403 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 4 represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.

8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor Redlands Regular Meeting of 04-19-22 404 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 5 shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

Redlands Regular Meeting of 04-19-22 405 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 6 IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS DANIELS TIRE SERVICE
By: ___________________________ By: _______________________________ Paul T. Barich, Mayor Robert Wood, Vice President of Sales ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 406 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 7 EXHIBIT "A"

SCOPE OF SERVICES
The Contractor shall provide tire supply (including new and tire casing (recaps) and inventory control. Inventory shall be kept and maintained by contractor.

Upon emergency request, contractor shall provide priority delivery service to the City of Redlands during weekend, holidays, natural disasters and civil unrest as directed by the Fleet Supervisor.

Contractor shall maintain at its facility a 30-day supply of for all safety tires. Various tubes, liners, flaps and materials used during term of contract shall be maintained in accordance with the usage rate. Non-safety tires that have an estimated average annual usage number of 40 or greater shall be kept in supply at the rate of 10% every 30 days.

The City will not accept any new tires that have a production date in excess of one year at the time of delivery to the City. Contractor will accept stock returns within 3 years post manufacturers production.

Services in compliance with the latest editions of the California Vehicle Code, California Code of Regulations, Federal Motor Vehicle Standards, Cal OSHA, and DOT Standards. It is the intent of the parties that contractor shall be responsible for the proper disposal of all byproducts, remainder and waste resulting from its services under this Agreement.

Contractor shall provide City with proof of compliance with all applicable permitting and licensing laws, including but not limited to, copies of all permits, and shall immediately notice City of any change in the status, or the terms or conditions, of any permit or license related to the subject matter of this agreement. Contractor shall also immediately notify City of any citation received from this agreement or any investigation by any regulatory agency in any way related to the subject matter.

Scope of work for tire casing:

1. Re-treading and repairing of City tires and casings;

2. Tire casings shall be grade “A” virgin;

3. Warranties for all retreads and casings purchased;
a. Warranty valid by manufacturer or one (1) year

4. Contractor shall provide a copy of itemized list showing all casings picked up at the City’s site, each casing referenced in the same manner identified and marked by the contractor, shall be provided to the City before the casings are removed; and

5. Contractor shall provide 100% completion of all casings picked up for repairs or retreading within 5 (five) working days.

Redlands Regular Meeting of 04-19-22 407 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 8 EXHIBIT "B"

PRICE AND FEE SCHEDULE
Safety (Police Dept.) Tires
Description Tire Size Quantity Unit Price Total Price
A1. Goodyear Eagle RSA (pursuit) 245/55ZR18 150 $135.00 $20,250 A2. Goodyear Eagle RSA (pursuit) P235/55ZR17 100 $116.00 $11,600 TOTAL: $31,850
Safety (Fire Dept.) Tires
Description Tire Size Quantity Unit Price Total Price
B1. Goodyear G296 385/65 R 22.5 50 $601.02 $30,051
B2. Goodyear G751 12R 22.5 50 $732.67 $36,633.50
TOTAL: $66,684.50
Solid Waste Dept. Tires
Description Tire Size Quantity Unit Price Total Price
C1. Goodyear G289WHA (a/p tire new) 315/80R 22.5 100 $446.47 $44,647 C2.

Goodyear G289WHA
(recap) 315/80R 22.5 250 $189.00 $47,250
C3. Goodyear G751 (a/p tire new) 11R 22.5 150 $541.00 $81,150 C4. Goodyear 686 (drive tire recap) 11R 22.5 200 $143.10 $28,620 C5. Casings 315/80R 22.5 100 $135.00 $13,500
C6. Casings 11R 22.5 100 $85.00 $8,500
TOTAL: $223,667.00
Misc. Tires
Description Tire Size Quantity Unit Price Total Price
D1. Goodyear Wrangler SRA P265/70R16 25 $122.69 $3,067.25 D2. Goodyear Assurance Maxlife P225/50R17 25 $99.36 $2,484 D3. Goodyear Wrangler SRA LT245/75R16 25 $139.00 $3,475 D4. Goodyear Wrangler SRA LT245/75R17 25 $164.79 $4,119.75 D5. Goodyear Wrangler SRA P245/70R17 25 $119.26 $2,981.50 TOTAL: $16,127.50
GRAND TOTAL: $338,329.00
Redlands Regular Meeting of 04-19-22 408 of 487
L:\ca\djm\Agreements\Daniels Tire Service Inc. Agreement.NPS-2.1.FY21-0088.doc.jn 9 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

DANIELS TIRE SERVICE

By: _____ Date: ___________________
Robert Woods, Vice President of Sales
Redlands Regular Meeting of 04-19-22 409 of 487
Redlands Regular Meeting of 04-19-22 410 of 487
City Council Meeting L. 5.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a request to hold the Stronger Together Now Juneteenth 2022 event hosted by Stronger Together Now on June 19, 2022, within Sylvan Park; authorize street closures related to the event; approve a request for in-kind support in the amount of $14,155 related to the event; 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 15061 (b)(3) 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 event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the state’s guidelines implementing the California Environmental Quality Act;

1. I move to authorize the closure of E. Colton Ave., Chapel St., Stillman Ave., E. High Ave., and Division St., from 7:00 a.m. to 11:00 a.m. on the event day;

2. I move to authorize the expenditure of City resources and in-kind support in the amount of $14,155 related to this event; and

3. I move to authorize the sale and consumption of alcoholic beverages during the Stronger Together Now Juneteenth 2022 event to be held on June 19, 2022.

4. Redlands Regular Meeting of 04-19-22 411 of 487
RECOMMENDATION:

Staff recommends the City Council determine that the sale and consumption of alcoholic beverages at the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and further recommends that the City Council direct staff accordingly concerning expenditure for personnel, equipment resources, and waiver of fees.

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 agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, 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 non-profit organization, Stronger Together Now, is requesting to hold an event on Sunday, June 19, 2022, at Sylvan Park for the Stronger Together Now Juneteenth 2022 event. Stronger Together Now coordinated with other community groups and individuals to plan this event, which they anticipate becoming an annual event. They are requesting permission to serve alcohol at the event that will end no later than 7:00 p.m. They are also requesting approval to close E. Colton Avenue from Division Street to Chapel Street; Chapel Street and Division Street from E. Colton Avenue to E. High Avenue; E. High Avenue and Stillman Avenue from Division Street to Chapel Street from 7:00 a.m. to 11:00 a.m. on the day of the event. Additionally, Stronger Together Now is requesting in-kind support in the amount of $14,155 for departmental resources including personnel and equipment for the following departments: Police and Facilities and Community Services. Stronger Together Now is a registered non-profit organization operating out of the City of Rialto. The City Council has not approved in-kind support for this event organizer hosting this event in the past.

Stronger Together Now 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 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, the event is Redlands Regular Meeting of 04-19-22 412 of 487
categorically exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15061 (b)(3). 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 may elect to deny the in-kind service request and direct staff accordingly.

STRATEGIC PLAN:

Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture.

Enhance community events to better reflect Redlands' diversity and demographics.

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
Christopher R. Catren, Chief of Police
PREPARED BY:

Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2021-22
Amount: $14,155
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.

Departmental Charges 2022 Amount Type 2021 Amount
Redlands Regular Meeting of 04-19-22 413 of 487
(Personnel & Equipment)
Police Personnel1 $7,059.00 Hard Cost N/A
Facilities & Community Services
Personnel1
$6,750.00 Hard Cost N/A
Personnel & Equipment
Subtotal
$13,809.00 N/A
Fees Established by City
Council
Resolution
Sylvan Park Reservation $346.00 Soft Cost N/A
Fees Subtotal $346.00 N/A
Total Departmental Charges
and Fees
$13,809.00 (hard)
$346.00(soft)
$14,155.00(Total)
Total N/A
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 in-kind support 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
In-kind support
Amount
Net
Amount
$213,289.60 $5,035.50 $1,600.00 $219,925.10 $218,328.10 Attachments
A. In Kind Support Request
B. Authorization to Serve Alcohol
C. Map of Requested Street Closures - Juneteenth
D. Verification of Nonprofit
Redlands Regular Meeting of 04-19-22 414 of 487
,Q.LQG6XSSRUW5HTXHVW
Group/Organization Name:

Event Name:

Event Date(s):

Primary Contact Name & Title:

Mailing Address:

Phone Number:

E-Mail Address:

Is your Group/Organization
a Registered Non-Profit:

Beginning Time: End Time:

No
Yes Non-Profit Federal Tax ID Number:

Describe Your Request:

Location(s):

Rain Out Date:

Traffic (Personnel, equipment, cones, barricades, no-parking Police (Public Safety Personnel)
Fire (Paramedics, Inspectors)
Parks (Cleanup Personnel, Ball Field Lights)
Facility
Refuse/Recycling (Event Receptacles, Roll-Off Service) acquired by Event Organizers through Redlands Customer Service Other
Select and Describe All City Provided Services That May Apply to Your Request :

Does your Group/Organization
Presently Have Liability Insurance?
Has your Group/Organization received fee
waivers from the City in the past?
Yes
No
Department may require smaller events to comply with
City recycling practices as a condition of waiving fees.

Updated /20
&LW\RI5HGODQGV
Stronger Together Now Juneteenth 2022
6/19/2022 Sylvan + UofR for parade
N/A 0600 2200
Requesting in-kind support for fees attributed to park reservation, staff, equipment, officers, fire (if necessary) for 6/19/2022 event. Juneteenth event is focused on supporting local, small businesses, artists and performers. It will attract large crowds to the Redlands area with emphasis on unity amongst community. We are requesting street closures on the following streets University Ave, Colton Ave and Chapel St. for a parade and flag ceremony.
provide all; waive fees
waive $120 per officer, per hour for the # of officers needed waive fees associated with fire dept on site
Event receptacles, equipment, request park hour extended to 10pm, Refer to 12.44.270 for alcohol consumption Stronger Together Now
86-3416186
Janelle Guerro, Stronger Together Now and Tekia McNeil, Juneteenth Committee 951-214-5516 [email protected]
Redlands Regular Meeting of 04-19-22 415 of 487
To Be Completed by the City of Redlands
Received By:

I certify that all statements on this application are true and complete to the best of my knowledge.

Signature: Title:

Please Print Your Name: Date:

Proposed Event Previous Event
Actuals
Attendance: Redlands
Residents
Food & Beverage Sales
Merchandise Sales
Ticket/Entrance Fees
Total Revenue
Other
Attendance: NonResidents
Vendors
As a part of our commitment to fiscal responsibility, the City of Redlands gathers data associated with the economic and social benefits associated with LQNLQG VXSSRUW. Please provide estimates, as applicable, for your event.

Positive outcomes for your
organization from this
Describe what economic
benefit and impact this
event will bring to the City:

In April 2002, the City Council adopted Resolution 1R6038, which encourages groups or organizations requesting LQNLQG VXSSRUW from the City to use local businesses when procuring goods and services associated with the event. Receipts will need to be submitted through a follow up form. Failure to submit post event documentation (within 15 days) may affect future requests.
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The purpose is to bring awareness of Juneteenth Emancipation Day, to serve as a unified and collective voice to represent the diverse lived experiences of the Black community at the University of Redlands, including all its campuses. Juneteenth enhances the university by encouraging diversity and inclusion of all Black faculty, students, staff alumni and administrators.

These events target issues related to the education, safety, in personal and professional lives of all connected to the UOR and the community. This event reestablishes a safe and comfortable space for diverse students to feel a since of connection to the environment which in turn increases diverse enrollment and alumni support.

Supports local, small businesses, artists and performers; brings large crowds to the Redlands area with support for black community and generating revenue to consequent businesses within the city, bringing new people to the area and supporting/amplifying black community in a positive way.
2000 N/A 15-25
2000 15-25
tbd 10
tbd 40
$20 (concert) n/a
n/a
tbd tbd
Juneteenth 2022 Committee
Tekia McNeil 9/23/2021
Redlands Regular Meeting of 04-19-22 416 of 487

CITY OF REDLANDS

APPLICATION REQUESTING AUTHORIZATION TO SERVE ALCOHOL
TYPE/NAME OF EVENT: ___________________________________________________________________________ DATE OF EVENT: ______________________________ HOURS: ____________________________ LOCATION: ___________________________________________________________________________ APPLICANT’S INFORMATION:

INDIVIDUAL/ORGANIZATION NAME:__________________________________________________________________ CONTACT PERSON: ________________________________________ PHONE: ______________________________ EMAIL: ______________________________________ ADDRESS:________________________________________ EVENT INFORMATION:

ARE FEES BEING CHARGED FOR EVENT? YES NO PRICE: __________________ ARE FEES BEING CHARGED FOR ALCOHOL? YES NO PRICE:_______________ TYPE OF ALCOHOL BEING SERVED: BEER WINE DISTILLED SPIRITS

RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE
I, the undersigned, representing _______________________________________ and in consideration of being permitted to conduct the Event, agree that the members/participants of ___________________________________________ shall defend, indemnify and hold harmless the City of Redlands, its elected officials, officers, boards, commissions, agents and employees from and against any and all claims, demands, actions, suits, damages, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of the use of City of Redlands’ facilities.

The members/participants of __________________________________________ hereby release, discharge and agree not to sue the City of Redlands for any injury, death or damages to or loss of property arising out of or in connection with this event from whatever cause.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO USE AND FULLY UNDERSTAND ITS CONTENTS. I

REPRESENT I HAVE THE FULL AUTHORITY TO EXECUTE THIS FULL RELEASE OF LIABILITY ON BEHALF OF THE MEMBERS/PARTICIPANTS OF _______________________________________________________________AND THAT I HAVE SIGNED THIS AGREEMENT ON:

Date: ______________ Signature: _______________________________________________

AUTHORIZATION
Pursuant to the use of alcohol within the City property noted above, the City of Redlands grants you permission to do so with the following conditions set forth by the City Council:

ALCOHOL RELATED TO PARKS:

Redlands Municipal; Code, Section 12.44.270 does allow, pursuant to a written permit from the Quality of Life Director, a person or persons to drink or consume alcoholic beverages in public parks, only in enclosed public areas as defined by resolution of the City Council. Any other locations within the City’s property requires the City Council approval and designation of the place for the sale and consumption thereof.

Tape or fencing of some kind shall be used for setting off the area for which the alcoholic beverages are served and consumed. Alcohol sales and distribution shall cease one hour prior to end of the event unless otherwise directed by RPD or ABC office.

ALCOHOL RELATED TO AIRPORT:

12.56.090: USE OF INTOXICATING LIQUOR OR DRUGS: No person shall operate or assist in the operation of any aircraft while under the influence of, or using, any intoxicating liquor or habit forming or hallucinatory or narcotic drug. No alcoholic beverage may be consumed or sold on the airport unless the city council shall have approved and designated the place for the sale and consumption thereof.

APPROVED: __________________________ DATE: _______ DENIED: _______________________ DATE: ______ CITY COUNCIL DATE (if applicable):_______________
Redlands Regular Meeting of 04-19-22 417 of 487
Redlands Regular Meeting of 04-19-22 418 of 487
Determination Letter
A favorable determination letter is issued by the IRS if an organization meets the requirements for tax-exempt status under the Code section the organization applied.  Final Letters
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
 HELP MENU 
Home  Tax Exempt Organization Search  Stronger Together Now Back to Search Results
Stronger Together Now
EIN: 86-3416186 | Rialto, CA, United States
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Page Last Reviewed or Updated: 20-November-2020  Share  Print Details about Stronger together now https://apps.irs.gov/app/eos/detailsPage?ein=863416186&name=Strong... 1 of 1 2/14/2022, 2:28 PM
Redlands Regular Meeting of 04-19-22 419 of 487
City Council Meeting L. 6.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a grant agreement with Redlands Museum Historic Association for the provision of funds towards the construction of the Museum of Redlands, and determination that approval of the grant agreement is exempt from California Environmental Quality Act (CEQA) guidelines pursuant to Section 15061 (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:

I move that the City Council determine that the approval of the Grant Agreement with Redlands Historical Museum Association is exempt from California Environmental Quality Act guidelines pursuant to Section 15061;

1. I move that the City Council determine that the provision of funds to Redlands Historical Museum Association for the construction of the Museum of Redlands serves a public purpose for the reasons that the funds will facilitate the opening of a historical museum that will provide cultural enrichment to the Redlands community and contribute to the City's goals of enhancing tourism and economic development;

2. I move that the City Council approve the Grant Agreement with Redlands Historical Museum Association for the provision of funds towards the improvement to the Museum of Redlands.

3. Redlands Regular Meeting of 04-19-22 420 of 487
RECOMMENDATION:

Staff recommends that the City Council approve the grant agreement with Redlands Historical Museum Association for the provision of funds towards the improvement to the Museum of Redlands. Staff further recommends that the City Council determine that the approval of the grant is a public purpose and benefit and determine that approval of the grant is exempt from CEQA guidelines pursuant to Section 153061.

DISCUSSION:

On January 21, 2022, the City received a grant proposal from the President of the Redlands Historical Museum Association requesting a financial contribution from the City to be used to complete the construction of the Museum of Redlands. The total cost of the project is projected to be approximately $26 million and current fundraising efforts have raised approximately $18 million.

The new museum is under construction and is located at 700 Brookside Avenue at the old Redlands Daily Facts building. The vision for a community museum began about 22 years ago and has included various locations including the old City Hall building located at 30 Cajon Street. In October 2000, City Council passed Resolution 5800 which designated the City Hall Building at 30 Cajon Street to be the future site of the Redlands Historical Museum and designated the Board of Trustees of A.K. Smiley Public Library to be the administrator of the proposed museum. However, the location was later determined not to be feasible for the site as it was needed for city administration and public safety personnel. As a result, a search was undertaken by the Redlands Historical Museum Association (RHMA) to find an alternative location for the museum. In 2014, the property located at 700 Brookside Avenue was acquired by the RHMA for the future site of the museum.

Following this effort, the City Council passed Resolution 7445 in September 2014 agreeing to take possession of the museum once constructed and with the Board of Trustees of A.K. Smiley Public Library as the future administrator. The City Council made these commitments based upon their finding that the payment of such costs serves a valid public purpose because such payments will facilitate the opening and initial operation of a historical museum that will provide cultural enrichment to the Redlands community and contribute to the City's goals of enhancing tourism and economic development. In March of this year, the City Council designated $1 million for the construction of the Museum of Redlands as part of the mid-year budget.

Approval of the attached grant agreement with the Redlands Museum Association will provide $1 million towards the construction of the Museum. The City Council has affirmed that the granting of funds to the Redlands Historical Museum Association provides a public purpose and benefit for the reasons that Redlands Regular Meeting of 04-19-22 421 of 487
the funds will facilitate the opening of a historical museum that will provide cultural enrichment to the Redlands community and contribute to the City's goals of enhancing tourism and economic development. Furthermore, approval of the agreement is exempt from the provisions of the CEQA guidelines pursuant to Section 15061 under the common sense exemption. This provision states that CEQA does not apply to actions that will have no physical effect on the environment. Approval of the grant is not considered a project and the environmental impacts for the museum construction have already been considered as part of a previously adopted Mitigated Negative Declaration.

ALTERNATIVES:

City Council may elect not to approve the grant agreement and direct staff accordingly.

STRATEGIC PLAN:

Supports Priority A - Quality of Life - Strategic Objective 1 - Beautification, Arts and Culture.

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:

Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: FY 2021-22
Amount: $1,000,000
Budgeted Y/N: Y
Account No.: 101300
Discussion:

Funding for this Grant Agreement is included in the Facilities and Community Redlands Regular Meeting of 04-19-22 422 of 487
Funding for this Grant Agreement is included in the Facilities and Community Services Fund (101300) of the Fiscal Year 2021-22 Budget as adopted by City Council.

Attachments
A. Grant Agreement Redlands Historical Museum Association Redlands Regular Meeting of 04-19-22 423 of 487
1 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn

AGREEMENT BETWEEN THE CITY OF REDLANDS AND THE REDLANDS HISTORICAL MUSEUM ASSOCIATION, INC. FOR THE GRANT OF FUNDS FOR IMPROVEMENTS TO THE PROPOSED “MUSEUM OF REDLANDS”
This agreement (“Agreement”) for the grant of City funds for improvements to the proposed “Museum of Redlands” is made and entered into this 19th day of April, 2022 (“Effective Date”), by and between the City of Redlands, a California municipal corporation and general law city (“City”), and the Redlands Historical Museum Association, Inc., a 501(c)(3) nonprofit corporation (“Grantee”). City and Grantee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS
WHEREAS, Resolution No. 7445 of the City Council of the City of Redlands (“City Council”) designated the Board of Trustees of City’s A.K. Smiley Public Library as the administrator of the proposed “Museum of Redlands” and established interim and permanent improvement, repair, maintenance and operational obligations for City and the Board of Trustees, both before and after the City might obtain title to the property located at 700 Brookside Avenue; and
WHEREAS, the City Council is in receipt of a grant proposal submitted by the Redlands Historical Museum Association, Inc. which requests funding for the completion of certain improvements associated with the construction of the proposed “Museum of Redlands;” and WHEREAS, City has found and determined that the provision of funds to Grantee for the improvements to the “Museum of Redlands” serves a public purpose for the reason that the funds will facilitate the opening of a historical museum that will provide cultural enrichment to the Redlands community and contribute to the City's goals of enhancing tourism and economic development; and
WHEREAS, on February 15, 2022, the City Council authorized the grant of One Million Dollars ($1,000,000) (“Grant Funds”) for the improvements to the “Museum of Redlands;” NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

AGREEMENT
Section 1. Grant. City hereby grants to Grantee the sum of One Million Dollars ($1,000,000) (the “Grant Funds”) pursuant to the request of Grantee set forth in its grant proposal, which is attached hereto as Exhibit “A” and incorporated herein by this reference. City shall disburse the Grant Funds to Grantee on or before May 1, 2022.

Section 2. Restrictions on Use of Funds. Grantee warrants and represents that the Grant Funds shall not be used for any activity that would violate City, state, or federal statutory or decisional law, and shall be expended solely for improvements Grantee proposes to make to the “Museum of Redlands,” as more particularly described in Exhibit “A” (the “Improvement Work”).

Redlands Regular Meeting of 04-19-22 424 of 487
2 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn In the event the Grant Funds are not used for the Improvement Work, Grantee shall provide written notification to City and shall return the Grant Funds in full to City within ten (10) days of such notice. If the Grant Funds are not fully expended by or before April 19, 2024, Grantee shall return the unexpended Grant Funds to City within thirty (30) days of such date.

Section 3. Compliance with California Labor Code. In performing the Improvement Work, Grantee shall comply with all applicable federal, state, and local laws, including, but not limited to, any applicable provisions of the California Labor Code. City makes no representation to Grantee as to whether the Improvement Work constitutes a “Public Work” as that term is defined by California Labor Code section 1720, and Grantee acknowledges and agrees that Grantee shall be solely responsible and liable for the determination of whether such Improvement Work constitutes a “Public Work.” Grantee further acknowledges and agrees that City’s sole obligation under this Agreement is to provide Grantee with the Grant Funds, and that City is not an awarding authority for any contract entered into by Grantee for the Improvement Work, nor is City otherwise undertaking any “Public Work” for purposes of California Labor Code section 1781. Grantee shall defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and employees from and against any and all losses, damages, costs, claims, causes of action and liability based upon the assertion that City or Grantee has failed to comply with any applicable provision of the California Labor Code in connection with Grantee’s undertaking of the Improvement Work.

Section 4. Reporting and Accounting Requirements.

A. Grantee shall maintain true, proper, and complete books, records and accounts (collectively, “Books and Records”) in which shall be entered fully and accurately all transactions taken with respect to the Improvement Work and the expenditure of the Grant Funds. Grantee shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles.

B. City reserves the right to designate its employee representatives, or its contracted representatives with a Certified Public Accounting firm, who shall have the right to audit Grantee’s Books and Records as they relate to the Grant Proposal, and to examine any cost, revenue, payment, claim or other records or supporting documentation relating to Grantee’s use and expenditure of the Grant Funds. Any such audit shall be undertaken by City or its representatives at mutually agreed upon reasonable times, and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit.

C. City’s right to audit shall extend for a period of three (3) years following the date of City’s provision of the Grant Funds to Grantee. Grantee agrees to retain all records and documentation relating to the Grant Proposal and Grantee’s expenditure of the Grant Funds for such period.

Section 5. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, and its elected and appointed officials, officers, employees and agents, (collectively, the “Indemnified Parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, Redlands Regular Meeting of 04-19-22 425 of 487
3 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a “Claim;” collectively, “Claims”), which may arise from or in any manner relate (directly or indirectly) to this Agreement and Grantee’s undertaking of the Improvement Work (including the negligent and/or willful acts, error and/or omission of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee.

Section 6. Grantee Independence. In the performance of this Agreement, Grantee, and the employees and agents of Grantee, shall act in an independent capacity and are not officers, employees, or agents of City. The manner and means of performing the Improvement Work are under the control of Grantee, except to the extent they are limited by statute, rule, or regulation and the express terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Grantee, or any of Grantee’s employees or agents, to be the employees or agents of City. Grantee shall have the responsibility for, and control over, the means of performing the Improvement Work. Anything in this Agreement that may appear to give City the right to direct Grantee as to the details of the performance or to exercise a measure of control over Grantee shall mean only that Grantee shall follow the desires of City with respect to the results of the Improvement Work.

Section 7. Prohibition against Transfers. Grantee shall not assign or transfer this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of City. Any attempt to do so without such written consent of City shall be null and void.

Section 8. Notices. 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, certified, 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:

CITY OF REDLANDS REDLANDS HISTORICAL MUSEUM

ASSOCIATION
City Clerk Stephen Stockton, President
City of Redlands PO Box 470
35 Cajon Street Redlands, CA 92375
P.O. Box 3005 (mailing) [email protected]
Redlands, CA 92373 (951) 966-0047
[email protected]
(909) 798-7531
Redlands Regular Meeting of 04-19-22 426 of 487
4 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn Section 9. General Considerations.

A. Waiver. A waiver by either Party of any breach, or of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

B. Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties with respect to its subject matter, and all preliminary negotiations and agreements of whatsoever kind or nature relating to the same are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

C. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the Agreement or any other rule of improvements which might otherwise apply.

D. Amendment. This Agreement may be modified or amended only by a written document executed by both Grantee and City.

E. Severability. If any term or provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

F. Controlling Law and Venue. The Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

G. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer, and it shall not discriminate against any contractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

H. Attorney’s Fees. In the event any action is commenced to enforce or interpret any term or provision of this Agreement, the prevailing Party in such action, in addition to costs and any other relief, shall be entitled to the recovery of its reasonable attorneys’ fees, including fees for a Party’s use of in-house counsel.

Redlands Regular Meeting of 04-19-22 427 of 487
5 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of its Effective Date.

CITY OF REDLANDS REDLANDS HISTORICAL MUSEUM
ASSOCIATION, INC.
______________________________ ________________________________ Paul T. Barich, Mayor Stephen P. Stockton, President
ATTEST
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 428 of 487
6 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn EXHIBIT “A”

GRANT PROPOSAL
Redlands Regular Meeting of 04-19-22 429 of 487
7 L:\ca\djm\Agreements\Redlands Historical Museum Grant Agreement.FY21-0102.docx.jn Redlands Regular Meeting of 04-19-22 430 of 487
City Council Meeting L. 7.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Carollo Engineers, Inc. in an amount not-to-exceed $835,549 to engineer a replacement raw water influent pipeline for the Tate Water Treatment Plant, and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If the City Council determines that staff recommendations are appropriate, the following motions are provided:

I move that the City Council determine that executing a Professional Services Agreement with Carollo Engineers, Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve a Professional Services Agreement with Carollo Engineers, Inc. in an amount not-to-exceed $835,549 to engineer a replacement raw water influent pipeline for the Tate Water Treatment Plant.

2. RECOMMENDATION:

Staff recommends City Council determine that execution of a Professional Services Agreement with Carollo Engineers is exempt from environmental review pursuant to Section 15061(b)(3), and approve a Professional Services Agreement with Carollo Engineers for an amount not-to-exceed $835,549 to engineer a replacement raw water influent pipeline for the Tate Water Treatment Plant.

Redlands Regular Meeting of 04-19-22 431 of 487
DISCUSSION:

The City extracts groundwater and receives raw water from two (2) surface water sources for treatment and disinfection to meet drinking water standards prior to distribution through the potable water system. Santa Ana River surface water is received and treated at the Hinckley Water Treatment Plant, and Mill Creek surface water is received and treated at the Tate Water Treatment Plant (Tate). Tate has a potable water treatment capacity of twenty million gallons per day (20 MGD), with average daily production of seven (7) MGD and peak day production of eleven (11) MGD during the peak water use season (July-September). Tate operates in the 2,340' pressure zone, and is able to supply approximately eighty-seven percent (87%) of the City's water service area customers. The Tate facility has been upgraded, and its processes enhanced to improve water supply reliability by allowing State Water Project water to be mixed with Mill Creek water for treatment. Brady & Associates, Inc. recently completed a Condition, Structural, and Seismic Assessment of the Tate raw water transmission line, and recommended replacement.

The goal of this project is to engineer a new raw water influent pipeline from the box structure near the Southern California Edison Power House #1, across Mill Creek, and joining existing pipeline valving at the Tate connection point. The project also includes a distribution pipeline to Crafton Water Company with two (2) separate valve and flow meter vaults. The influent pipeline will be constructed in two (2) phases in the future, and two (2) separate sets of construction documents will be prepared.

MUED staff issued a Request For Proposals on February 7, 2022. Carollo Engineers (Carollo) was the only consultant to submit a proposal before the February 28, 2022 submittal deadline. Carollo has successfully completed projects similar in scope and size, and has completed numerous engineering design projects for the City. The MUED staff formed a proposal rating committee, and determined Carollo is qualified to complete this project. MUED staff negotiated a reasonable service fee not anticipated to exceed $835,549, which includes four (4) alternative items totaling $80,261 that will only be authorized if required by permitting agencies, or if actual field conditions necessitate.

This project is determined to be exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act such that it can be seen with certainty that there is no possibility that the approval of the agreement would have a significant effect on the environment.

Redlands Regular Meeting of 04-19-22 432 of 487
ALTERNATIVES:

City Council may deny the staff recommendation, although doing so would delay the replacement of this critical raw water influent pipeline.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities & 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:

John R. Harris, MUED Director
Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 501910
Discussion:

There is no fiscal impact associated with this recommendation. The FY 21/22 Water Projects Budget (501910) includes funding for this project.

Attachments
Location Map
Carollo Professional Services Agreement
Redlands Regular Meeting of 04-19-22 433 of 487
Redlands Regular Meeting of 04-19-22 434 of 487
1 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn

AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional engineering services (“Agreement”) is made and entered in this 19th day of April, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation and general law city (“City”) and Carollo Engineers, Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to design and prepare plans and specifications for City for a replacement raw influent pipeline and associated facilities to supply the Tate Water Treatment Plant to be constructed in the future (the “Services”).

1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONSULTANT

2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by reference.

2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.

2.3 Consultant shall not be liable to and/or indemnify City and/or any third party related to any inconsistencies between Consultant’s data projections and estimates and actual costs and/or quantities realized by City and/or any third party in the future, except to the extent such inaccuracies are caused by Consultant’s negligent performance hereunder.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

3.2 City shall furnish Consultant available studies, reports and other data pertinent to Consultant's services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use Redlands Regular Meeting of 04-19-22 435 of 487
2 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn and reasonably rely upon all such information and services provided by City or others in performing Consultant's services under this Agreement.

3.3 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others for this project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant.

3.4 City shall arrange for access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform services hereunder.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Consultant Proposal,” which is attached hereto and incorporated herein by reference.

4.2 The term of this Agreement shall be for a period of eighteen (18) months from the Effective Date of this Agreement, unless terminated earlier as provided herein.

4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.

4.4 Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant's services are suspended, delayed or interrupted for the convenience of City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant's time of performance and cost of Consultant's personnel and subcontractors may be made.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of eight hundred thirty five thousand five hundred forty nine dollars ($835,549).

City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Cost Proposal,” which is attached hereto and incorporated herein by reference.

5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City Redlands Regular Meeting of 04-19-22 436 of 487
3 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

CITY: CONSULTANT:

John R. Harris, MUED Director Graham J.G. Juby, Senior Project Manager City of Redlands Carollo Engineers, Inc.
35 Cajon Street, Suite 15A 3400 Central Avenue, Suite 205 P.O. Box 3005 (mailing) Riverside, CA 92506
Redlands, CA 92373 [email protected]
[email protected] Phone: (951) 776-3955
Phone: (909) 798-7658 Fax: (951) 776-4207
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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4 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.

D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property to the extent caused by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.

6.3 Neither party shall be responsible for economic, incidental and/or consequential damages to the other party and/or any third party. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success. Consultant and its subconsultants shall only be liable for any damage caused by negligence related to cleaning activities required to facilitate the CCTV inspection.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:

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5 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.

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8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

8.9 The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant's services hereunder.

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7 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS CAROLLO ENGINEERS, INC.

By: ___________________________ By: ____________________________ Paul T. Barich, Mayor Graham J.G. Juby, Senior Project
Manager
ATTEST:
___________________________ By: _______________________________ Jeanne Donaldson, City Clerk Eric M. Mills, Client Services Director Redlands Regular Meeting of 04-19-22 441 of 487
8 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn EXHIBIT “A”

SCOPE OF SERVICES
[ATTACHED]
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1 CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

TATE WTP RAW WATER INFLUENT LINE REPLACEMENT PROJECT

CAROLLO ENGINEERS

SCOPE OF WORK
The Tate Water Treatment Plant (WTP) has a potable water treatment design capacity of twenty (20) million gallons per day (MGD), with average daily production of seven (7) MGD and peak day production of eleven (11) MGD during the peak water use season (July – August). This WTP operates in the 2,340’ pressure zone. The City has added enhancements to the Tate WTP that provide more water supply reliability by allowing State Water Project water to mixed with Mill Creek water for treatment. Brady & Associates, Inc. (Brady) recently completed a condition, structural, and seismic assessment of the Tate WTP raw water transmission line and recommended a new parallel pipeline to be constructed.

The purpose of this project is to engineer and construct a new influent pipeline from the box structure near Power House No. 1, across Mill Creek Channel and connecting to the Tate WTP connection point identified in the RFP. This project also includes a distribution line to Crafton Water Company with two separate valve and flow meter vaults. The influent pipeline will be constructed in two phases per RFP, Addendum No. 1 requirements. For this reason, we have estimated two separate sets of construction documents (plans, specifications, and cost estimates) will be prepared as part of the final design.

The scope of work detailed below is intended to capture all tasks necessary to allow for preparation of bidding and construction documents for the proposed project. Several optional tasks have also been included for the City to consider.

Task 1 – Project Management and Meetings
It is assumed that the project will take approximately 14-months to complete. This task includes general project management and meetings.

A. Prepare monthly invoices including a Progress Report summarizing work performed for the invoice period, supporting tabulation of hours by date and task for employees working on the project, and supporting expense reports and invoices for reimbursable expenses.

B. Attend monthly 90-minute project meetings with the MUED staff to discuss project progress and any engineering issues that arise. Meetings may be performed remotely. Meeting agendas will be established in collaboration with MUED staff. A total of 8 project meetings has been assumed.

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2 C. Attend six in-person 90-minute design review meetings. In place of a monthly project meeting, attend in-person design review meetings as follows:
a. Project kickoff meeting,
b. Pipeline Alternatives meeting,
c. 30% design review meeting,
d. 60% design review meeting,
e. 90% design review meeting,
f. Final design completion meeting.

Carollo will develop a data needs list that will be submitted to City before or at the kickoff meeting. The list will be updated as the project proceeds identifying data received and data still to be received. Data received from City will be reviewed as needed to provide information for the project.

Meeting agendas will be established in collaboration with MUED staff.

Deliverables: Meeting Agendas, Meeting Notes, Presentation Materials, Monthly Invoices, Monthly Progress Reports, Date Needs List in electronic format. List will be updated regularly as needed.

Task 2 – Pipeline Alternatives Evaluation
Carollo will review the Brady assessment and recommendations and conduct additional research and site investigations necessary to evaluate up to three separate pipeline alignments and the construction alternatives listed below to replace the Tate WTP raw water transmission line, including associated valves, control and metering systems (including SCADA), and plumbing systems. It has been assumed that no additional assessment of the existing transmission line is necessary. An important component of this project is the addition of equipment necessary to connect to, and meter, water delivered to Crafton Water Company and to the San Bernardino Valley Water Conservation District.

Carollo will evaluate up to three pipeline alternatives, including both trenched and trenchless construction alternatives. Carollo will provide a list of pros and cons for various replacement construction alternatives, including:

1. Construction of a replacement transmission line with the same diameter or larger, and along the same alignment;

2. Construction of a replacement transmission line with the same diameters evaluated for Alternative 1, along a modified alignment to the west of the existing line;

3. Construction of a replacement transmission line with the same diameters considered for Alternatives 1 and 2, along a modified alignment to the east of the existing line.

4. Rehabilitation of the existing transmission line, and construction of a redundant transmission line (side-by-side and along a new alignment).

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3 A. Carollo will provide conceptual land acquisition (if necessary) and construction cost estimates, including site civil work, access roads, fencing, piping, and control systems, and other associated temporary and permanent construction elements for each of the replacement construction alternatives. At the conclusion of Task 2, the City staff will select a preferred construction alternative and alignment. Carollo will prepare Technical Memorandum (TM) No. 1 that will be the basis for selection of the preferred alternative and which will consider the following minimum items:
a. Condition Assessment/Rehabilitation. Review the Brady condition assessment report. It has been assumed that additional interior, or exterior condition assessment work will not be required. Should such additional work be determined as being needed in order to complete the design, then this will be discussed separately with the City and a suitable approach identified.
b. Material Types. Evaluate various construction material types to rehabilitate and/or replace the raw water transmission line. c. Hydraulics. Evaluate the hydraulic implications of various pipe configurations (e.g., single line, redundant line, control systems, pumping needs, piping schematics, etc.).
d. Water Quality. Identify implications of water quality on various pipe configurations and material types.
e. Foundations. At a planning level, identify typical pipe support foundation alternatives, casing pipe needs, and identify any slope-stability concerns, all as appropriate.
f. Regulatory Constraints. Research and identify any regulatory constraints (e.g., SWRCB, USACE, DDW, Air Quality Management Division, Caltrans etc.) that may have implications on the foundation and/or pipe location, material type, or geometry. Research and identify necessary construction permitting and the level of CEQA evaluation and documentation necessary for each alternative. Prepare a table and schedule to indicate the anticipated permit requirements and timeline anticipated for obtaining each permit.

B. Evaluate life cycle costs (as net present and annual worth) for alternatives under consideration. This shall include the initial capital investment as well as anticipated maintenance and replacement costs.

C. Present results of the alternatives evaluation to MUED staff for selection of the preferred alternative. The alternative evaluation will be presented as part of TM-1.

Figures, photographs, and estimate tables accompanied by a meeting/presentation materials will be included as an Appendix to TM-1.

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4 After receiving the City’s comments on the draft TM-1, Carollo will prepare and submit a final version of TM-1 which will be used as the basis for the design phase.

Deliverables: Draft and Final versions of TM-1 and supporting exhibits in electronic format.

Task 3 - Site Survey and Basemap Preparation
Carollo will sub-contract with a surveyor to conduct the following work:

A. Perform a site survey within the project area for existing surface features, topography, and utilities as necessary for engineering. Utility data shall be obtained by performing 811 utility locates and will likely require follow up with individual utility companies who fail to locate their lines. City will provide existing shapefiles for water, sewer, and storm utilities to supplement field surveys.

B. Perform field surveys as necessary to establish property boundaries and easements adjoining the project site.

C. Perform the potholing of existing utilities where necessary to collect data for design (e.g., elevations at critical crossings or where potential for conflict exists).

Survey the locations of exposed utilities.

D. Coordinate jet-tracing of any gravity utility lines that require tracing and survey the marked locations. The actual jet-tracing will be performed by the City.

E. Establish local survey control within the project area and place survey control monuments as necessary along the project alignment. Monuments shall be a #5 set rebar at least four feet (4’) deep with an aluminum cap.

F. Prepare an AutoCAD basemap of the project for use in subsequent planning, design, and plan preparation.

Deliverables: AutoCAD basemap of the site for use in subsequent planning, design, and plan preparation.

Task 4 - Geotechnical Investigations
Carollo will sub-contract with a geotechnical consultant to conduct the following work:

A. Perform geotechnical borings and laboratory analyses as necessary to engineer the proposed pipe foundations and site improvements.

B. Perform soil analyses to determine the corrosion potential along the pipeline alignment and develop a cathodic protection system as necessary based on the analyses results.

C. Perform slope-stability studies as necessary to aid in final siting of the pipe and foundations, and identify any special considerations required to maintain stability of the areas and avoid compromising the pipe and foundations or associated improvements.

D. Prepare a geotechnical report summarizing the methods, findings, and recommendations resulting from the geotechnical investigations.

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5 Deliverables: Draft and Final versions of a Geotechnical Report in electronic format.

Task 5 - Final Engineering
A. Carollo will perform the final engineering of the preferred alternative to include the raw water transmission line, foundations, control structures, instrumentation, manholes and vaults, and any other elements necessary to bring the system into service. Final engineering will include provisions for connections to existing Tate WTP system piping.

B. Engineer site improvements within the project areas to include site grading, drainage, perimeter fencing, and access roadways. Given the small scale of the project (less than 1 acre of additional impervious area created), it is anticipated that stormwater detention and permanent water quality BMPs are not required.

C. Coordinate with dry utility companies (gas, power, communications, etc.) to relocate any existing utilities in conflict with the proposed improvements. The actual relocation designs will be performed by the utility owners and billed to City.

D. Coordinate Engineering with outside agencies based on the findings in TM-01 (i.e., San Bernardino County Flood Control District, USACE, RWQCB, FEMA, etc.) to include permitting, design reviews, specification reviews, etc. Actual permitting fees will be paid by City.

E. Engineer erosion control plans indicating erosion control minimums to be implemented by the Contractors. A detailed SWPPP is outside of the scope of work and will be prepared by the Contractors.

Construction Documents
A. Prepare suitable-for-construction engineering drawings for the project to include, but not be limited to, the following:
a. Title Sheet
b. General Notes Sheet
c. Existing Conditions Sheet (with identification of available project access and staging areas)
d. Survey Control Sheet
e. Erosion Control Plan
f. Removal/Demolition Plans
g. Pipe Plans (including foundations, piping, plans and profiles) h. Connection Piping Details
i. Control System Plans
j. Utility/Power Plans (as necessary)
k. Utility Relocation Plans
l. Site Grading and Drainage Plans
m. Site Security Plans (perimeter fencing and access gates) n. Detail Sheets (as necessary)
o. Site Restoration Plans
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6 p. Additional plan sheets necessary to create a plan set suitable for bidding and construction
B. Prepare detailed specifications for project construction.

C. Plans and specifications shall be submitted to the City for review and comment at the 30%, 60%, 90%, and final design completion level.

D. Using a bid form prepared in collaboration with City, prepare a summary of quantities for the final design.

E. Prepare an engineer’s opinion of probable construction cost at the 30%, 60%, 90%, and final design completion levels.

Task 5.1 – 30% Design
A preliminary drawing list that includes the anticipated 100% submittal drawing list is included in Attachment A. This attachment includes a separate preliminary list of drawings for Phase 1 and Phase 2. This list of drawings may be adjusted based on the findings of Task 2 described above. The drawings will be prepared in the current Carollo version of Bentley's Microstation or Revit and converted to AutoCAD files, and the specifications will be prepared in the current Carollo version of Microsoft Word in the 17-Division format. Project will use the City Front-End Specifications (Division 0), which will be provided by the City. Division 1 and the other technical specifications will be provided by Carollo.

The 30% submittal drawings will include sufficient early development to display the basic format of the plan set for each of the disciplines required to complete the work. The submittal will include the basic organization sheets, sufficient detail to show the basic layout of facilities, process instrumentation and control diagrams, SCADA Block Diagram, and single line power diagrams, as needed. The plans will provide specific horizontal and vertical control for all proposed underground facilities.

The specifications will include a summary Table of Contents for all specifications anticipated for the project. Specifications included at this point will still include markedup sections, for further development.

After review of the 30% submittal by City, a design review meeting will be held with City to review and discuss their comments. The City’s comments on the 30% drawings will be incorporated into the 60% design submittal.

Preliminary Construction Cost Estimate - A preliminary construction cost estimate will be prepared and included as part of the 30% Submittal. A separate construction cost estimate will be provided for Phase 1 and Phase 2.

Deliverables: 30% Design Package that includes selected drawings to approximately 30% level of completion for Phases 1 and 2 and Technical Specifications Table of Contents, and opinion of probable construction cost, all as a pdf set of the drawings and specifications files.

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7 Task 6.2 – Final Design
Following receipt of the City’s comments on the 30% Design Submittal, Carollo will advance the design to approximately 60%. Provide a 60% Design Submittal to the City that now includes all drawing sheets anticipated in the two Bid Sets, and all specifications, although some may still need to be finalized. With the 60% submittal include an updated construction cost estimate for both Phases of the project.

After the City’s review period, Carollo will meet with City to receive comments and feedback on the plans and specifications in a design review meeting.

Following receipt of the City’s comments on the 60% Design Submittal, Carollo will advance the design to 90%. Carollo will provide a 90% Design Submittal to the City that now includes a complete set of drawing sheets and all specifications separated into Phase 1 and Phase 2 packages. In parallel with the City’s review of the 90% submittal, conduct an in-house QA/QC check of the plans and specifications.

After the City’s review period, Carollo will meet with City to receive comments and feedback on the plans and specifications.

Following receipt of the City’s comments on the 90% Design Submittal, and comments from Carollo’s in-house checking team, Carollo will advance the design to 100% incorporating all comments. Carollo will provide a 100% Design Submittal to the City that now includes a complete set of all drawing sheets and all specifications for both Phase 1 and Phase 2 packages. Together with 100% submittal, submit the final Engineer’s Opinion of Probable Construction Cost.

Using a bid form prepared in collaboration with City, Carollo will prepare a summary of quantities for the final design and submit those with the 100% Submittal.

Carollo will incorporate any final comments into the documents and prepare and submit the two Bid Set packages for Phase 1 and Phase 2.

Deliverables: 60%, 90% and 100% Design Drawings and Specifications all in PDF format. Bid Set Drawings and Specifications packages for Phase 1 and Phase 2 will be prepared as print-ready full-sized drawings (1 set) and a pdf set of the drawings in fullsize and half-size; One set of master specifications on both 8 1/2”x11” paper unbound and in digital form. All deliverables will be in two separate packages for Phase 1 and Phase 2 work.

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8 ADDITIONAL OPTIONAL TASKS
We have included several optional tasks for the City to consider in case they become needed. These tasks are:

Task 6 – Potholing: We have included a budgetary item due to unknown number of utilities.

Task 7 – Title report and easement legal descriptions: We have included a budgetary item based on an assumed number of five due to the unknown number of easements that may be required.

Task 8 – Trenchless Installation Evaluation and Report: If trenchless installation of the pipeline under Mill Creek Channel is selected, we will request Brierley and Associates, our tunneling subconsultant, to evaluate and recommend the tunneling method to be used.

Task 9 – Additional Geotechnical Investigations if needed.

ASSUMPTIONS
The Scope of Work developed above and the associated labor hour effort to complete the work was based on the following assumptions:

1. The duration of the project design will be approximately 14 months from receipt of the Notice to Proceed.

2. No additional conditional assessment of the existing Tate WTP raw water transmission line will be needed.

3. Scour analysis of Mill Creek Channel is not included. We understand that a scour analysis is available from SBCFCD.

4. Traffic control plans are not included. The City will provide traffic control plans for inclusion.

5. City will provide the following services as needed during the project:
a. Provide potholing and/or jet-tracing of any utilities with uncertain locations. We have included a budgetary item under Optional Task 7 for $20,000 for potholing;
b. Provide plan reviews of intermediate submittals in a timely manner (assumed to be 2-weeks);
c. Provide bid documents to prospective bidders (including printing and the bid form template) and bid the projects;
d. Provide cost data from recent projects for use in preparation of engineer’s cost estimates;
e. Pay for costs associated with dry utility company (gas, power, communication) design fees.
f. Apply for and pay the fees associated with obtaining permits.

6. Costs incurred by the utility companies for their design work will be paid for directly by the City.

7. The bidding documents will use City’s Front End (Division 0). The City will provide the latest version of the their Front End to Carollo for review and coordination with the rest of the technical specifications.

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9 8. A detailed SWPPP is outside of the scope of work and will be prepared by the Contractor.

9. Printing of Bid Sets for Bidding will be provided by City as needed.

10. Bid services are not included in the Scope of Work.

11. Public Outreach will be provided by City.

Attachment A includes a preliminary List of Drawings for Phase 1 and Phase 2 design.

Total sheet count is 58.

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10 Attachment A
Preliminary List of Drawings – Phase 1
SHEET No. Drawing Title No. of
Drawings
GENERAL 4
G-1 COVER SHEET, VICINITY, AND LOCATION MAP 1
G-2 DRAWING INDEX 1
G-3 LEGEND, SYMBOLS, AND ABBREVIATIONS 1
G-4 KEY PLAN, STAGING AREA, AND SURVEY CONTROL DATA 1
CIVIL 7
GC-1 GENERAL CIVIL NOTES, LEGEND, AND SYMBOLS 1
GC-2 CIVIL STANDARD DETAILS 1 1
GC-3 CIVIL STANDARD DETAILS 2 1
C-1 TRANSMISSION PIPELINE PLAN AND PROFILE - 1 1
C-2 TRANSMISSION PIPELINE PLAN AND PROFILE - 2 1
C-3 BOX STRUCTURE SITE PLAN, SECTIONS, AND DETAILS 1
C-4 MILL CREEK CHANNEL CROSSING DETAILS 1
STRUCTURAL 5
GS-1 GENERAL STRUCTURAL NOTES 1
GS-2 STANDARD STRUCTURAL DETAILS - 1 1
GS-3 STANDARD STRUCTURAL DETAILS - 2 1
S-1 BOX STRUTURE REPLACEMENT PLAN 1
S-2 BOX STRUTURE REPLACEMENT SECTIONS AND DETAILS 1
Total Number of Drawings 16
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11 Attachment A
Preliminary List of Drawings – Phase 2
SHEET No. Drawing Title No. of
Drawings
GENERAL 4
G-1 COVER SHEET, VICINITY, AND LOCATION MAP 1
G-2 DRAWING INDEX 1
G-3 LEGEND, SYMBOLS, AND ABBREVIATIONS 1
G-4 OVERALL SITE PLAN 1
CIVIL 12
GC-1 GENERAL CIVIL NOTES, LEGEND, AND SYMBOLS 1
GC-2 STANDRD CIVIL DETAILS – 1 1
GC-3 STANDRD CIVIL DETAILS – 2 1
C-1 TRANSMISSION PIPELINE PLAN AND PROFILE - 1 1
C-2 TRANSMISSION PIPELINE PLAN AND PROFILE - 2 1
C-3 TRANSMISSION PIPELINE PLAN AND PROFILE - 3 1
C-4 CRAFTON TRANSMISSION PIPELINE PLAN AND PROFILE - 4 1 C-5 VALVE VAULT/FLOWMETER VAULT PLANS 1
C-6 VALVE VAULT/METER VAULT SECTIONS 1
C-7 CRAFTON VALVE/FLOWMETER VAULT PLANS 1
C-8 CRAFTON VALVE/FLOWMETER VAULT SECTIONS 1
C-9 MISCELLANEOUS PIPELINE CONNECTION DETAILS 1
STRUCTURAL 6
GS-1 GENERAL STRUCTURAL NOTES 1
GS-2 STANDARD STRUCTURAL DETAILS - 1 1
GS-3 STANDARD STRUCTURAL DETAILS - 2 1
S-1 VALVE/FLOWMETER VAULT PLANS AND SECTIONS 1
S-2 CRAFTON VALVE/FLOWMETER VAULT PLANS AND SECTIONS 1
S-3 STRUCURAL DETAILS 1
MECHANICAL 5
GM-1 MECHANICAL GENERAL NOTES 1
GM-2 STANDARD MECHANICAL DETAILS – 1 1
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12 SHEET No. Drawing Title No. of
Drawings
M-1 VALVE/FLOWMETER PLAN AND SECTION 1
M-2 CRAFTON VALVE/FLOWMETER PLAN AND SECTION 1
M-3 MISCELLANEOUS MECHANICAL DETAILS 1
ELECTRICAL 9
GE-1 ELECTRICAL LEGEND 1
GE-2 ELECTRICAL GENERAL NOTES 1
GE-3 TYPICAL ELECTRICAL DETAILS - 1 1
GE-4 TYPICAL ELECTRICAL DETAILS - 2 1
E-1 ELECTRICAL SITE PLAN 1
E-2 VALVE/FLOWMETER ELECTRICAL PLAN 1
E-3 CRAFTON VALVE/FLOWMETER ELECTRICAL PLAN 1
E-4 POWER AND CONTROL RISERS 1
E-5 SCHEDULES AND SCHEMATICS 1
INSTRUMENTATION 6
GN-1 PROCESS AND INSTRUMENTATION LEGEND - 1 1
GN-2 PROCESS AND INSTRUMENTATION LEGEND - 2 1
GN-3 TYPICAL INSTRUMENTATION DETAILS - 1 1
GN-4 TYPICAL INSTRUMENTATION DETAILS - 2 1
N-1 BLOCK DIAGRAM 1
N-2 P&ID 1
Total Number of Drawings 42
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9 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn EXHIBIT “B”

COST PROPOSAL
[ATTACHED]
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Hourly Billing Rate $288 $265 $265 $245 $220 $180 $144 $120 Task
No. TASK DESCRIPTION
Senior ProfessionalProject ManagerLead Professional QA/QCProject ProfessionalProfessionalAssistant ProfessionalCAD TechnicianOffice Support

1.0 PROJECT MANAGEMENT AND MEETINGS 28 62 38 68 0 0 0 14 210 $ 52,904 $ 2,730 $ 900 $ - $ 90 $ 56,624 A Monthly invoices and progress reporting 8 14 4 26 6,030 $ 338 $ 200 $ 20 $ 6,588 $ B Attend monthly meetings (assume 12 meetings, 90 minutes each) 14 24 18 24 4 84 21,522 $ 1,092 $ 200 $ 20 $ 22,834 $ C Attend in-person review meetings at 30%, 60%, 90%, and 100% design level (assume 6 meetings) 14 30 20 30 6 100 25,352 $ 1,300 $ 500 $ 50 $ 27,202 $ D Quality Assurance and Quality Control (Built into Task 5.0-D) 0 - $ - $ $ - - $

2.0 ALTERNATIVE EVALUATIONS 12 58 66 108 88 0 66 18 416 $ 93,800 $ 5,408 $ 1,500 $ - $ 150 $ 100,858 A Review existing condition assessment report and other related documents 2 8 8 8 8 2 36 $ 8,168 $ 468 $ - $ 8,636 B Evaluation of trenched and trenchless pipe installation methods 2 8 16 12 8 1 47 $ 11,148 $ 611 $ 500 $ 50 $ 12,309 C Evaluate feasibility of alternatives including life-cycles costs 1 8 8 8 8 2 35 $ 7,880 $ 455 $ - $ 8,335 D Hydraulics 1 4 4 12 40 4 1 66 $ 14,844 $ 858 $ 500 $ 50 $ 16,252 E Water Quality 2 2 4 1 9 $ 2,160 $ 117 $ - $ 2,277
F Foundations 4 8 8 8 1 29 $ 6,412 $ 377 $ - $ 6,789
G Regulatory constraints 2 8 4 16 24 2 56 $ 13,196 $ 728 $ - $ 13,924 H Prepare Technical Memorandum No. 1 and presentation for pipeline alternatives (TM-01) 4 16 16 40 24 30 8 138 $ 29,992 $ 1,794 $ 500 $ 50 $ 32,336

3.0 SITE SURVEY AND BASE MAP 1 6 0 6 0 0 22 2 37 $ 6,756 $ 481 $ - $ 44,950 $ 4,495 $ 56,682 A Prepare a site survey 1 2 2 8 2 15 $ 2,700 $ 195 $ 44,950 $ 4,495 $ 52,340 B Prepare field survey to establish boundaries 2 2 2 6 $ 1,308 $ 78 $ - $ 1,386 C Potholing of existing utilities including surveys of potholes (see Optional Task 8) 0 $ - $ - $ - $ - D Jet tracing of gravity utilities including survey (Jet Tracing will be performed by the City if needed) 0 $ - $ - $ - $ - E Establish local survey monuments (at least 3 survey control monuments) 2 2 4 8 $ 1,596 $ 104 $ - $ 1,700 F Prepare an AutoCAD base map for use in planning and design 8 8 $ 1,152 $ 104 $ - $ 1,256

4.0 GEOTECHNICAL INVESTIGATIONS 1 2 4 4 0 0 0 1 12 $ 2,978 $ 156 $ - $ 59,933 $ 5,993 $ 69,060 A Perform geotechnical investigations, borings, slope stability, and report 1 2 4 4 1 12 $ 2,978 $ 156 $ 59,933 $ 5,993 $ 69,060

5.0 FINAL ENGINEERING (Phase 1 and 2) 10 216 248 292 232 212 972 100 2,282 $ 438,548 $ 29,666 $ 3,500 $ - $ 350 $ 472,064 A Prepare Final design plans, specifications and construction cost estimates (30% design level) 2 80 40 80 80 80 300 20 682 $ 129,576 $ 8,866 $ 1,000 $ 100 $ 139,542 B Prepare Final design plans, specifications and construction cost estimates (60% design level) 2 60 60 80 80 80 300 20 682 $ 129,576 $ 8,866 $ 1,000 $ 100 $ 139,542 C Prepare Final design plans, specifications and construction cost estimates (90% design level) 2 60 60 80 60 40 300 20 622 $ 117,976 $ 8,086 $ 1,000 $ 100 $ 127,162 D Internal Check of Plans and Specs (QA/QC) 2 4 80 24 12 4 126 $ 30,924 $ 1,638 $ - $ 32,562 E Prepare Final design plans, specifications and construction cost estimates (100% final) 2 8 8 24 12 40 24 118 $ 21,976 $ 1,534 $ 500 $ 50 $ 24,060 F Prepare Separate Bid Sets (Phase 1 and Phase 2) 4 4 12 20 12 52 $ 8,520 $ 676 $ - $ 9,196 52 344 356 478 320 212 1,060 135 2,957 594,986 $ 38,441 $ 5,900 $ 104,883 $ 11,078 $ 755,288 $

6.0 Potholing if needed (budgetary number due to unknown number of utilities) 2 2 8 1 13 2,332 $ 169 $ 20,000 $ 2,000 $ 24,501 $

7.0 Title Report and Easement Legal Description (assume 5@$3,500 each) 2 2 2 0 0 8 1 15 $ 2,822 $ 195 $ 17,500 - $ $ 1,750 $ 22,267

8.0 Trenchless Installation Evaluation and Report by Brierley (if trenchless option is selected) 2 2 8 8 1 21 $ 4,292 $ 273 $ 25,000 $ 2,500 $ 32,065

9.0 Additional Geotechnical Investigations/Trenching (if needed) 2 2 2 1 7 $ 1,428 $ 84 $ 8,235 $ 824 $ 10,571 0 8 6 12 0 0 26 4 56 10,874 $ 637 $ - $ 62,500 $ 6,250 $ 80,261 $ 52 352 362 490 320 212 1,086 139 3,013 605,860 $ 39,078 $ 5,900 $ 167,383 $ 17,328 $ 835,549 $ TOTAL FOR ALL TASKS (TASKS 1-5)

ADDITIONAL OPTIONAL TASKS
TOTAL OPTIONAL TASKS (TASKS 6-10)
TOTAL INCLUDING OPTIONAL TASKS (TASKS 1-9)

CITY OF REDLANDS
Carollo Fee Estimate
Tate Water Treatment Plant Raw Water Influent Line Engineering Project TOTAL HOURS LABOR COST Project Equipment and Communication Expense [PECE] ($13.00 per labor hour) OTHER DIRECT COSTS Subconsultants Markup on ODCs and Subconsultants TOTAL PROJECT FEE Redlands Regular Meeting of 04-19-22 456 of 487
10 L:\ca\djm\Agreements\Carollo Engineers Agreement.PS-1.1.FY21-0090.doc.jn EXHIBIT “D”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

CAROLLO ENGINEERING, INC.

By: Date: ___________________
Graham J.G. Juby, Senior Project Manager
Redlands Regular Meeting of 04-19-22 457 of 487
City Council Meeting L. 8.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Dudek to engineer the Hinckley Water Treatment Plant Sludge Press Project for an amount not-to-exceed $354,820, and determination that this project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If the City Council determines that staff recommendations are appropriate, the following motions are provided:

I move that the City Council determine the Hinckley Water Treatment Plant Sludge Press Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and,
I move to approve a Professional Service Agreement with Dudek to engineer the Hinckley Water Treatment Plant Sludge Press Project for an amount not-to-exceed $354,820.

RECOMMENDATION:

Staff recommends City Council determine the Hinckley Water Treatment Plant Sludge Press Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and approve a Professional Service Agreement with Dudek for project engineering services in an amount not-to-exceed $354,820.

Redlands Regular Meeting of 04-19-22 458 of 487
DISCUSSION:

The Municipal Utilities and Engineering Department (MUED) produces and distributes potable water to approximately 22,000 customers within its service area. Water is produced at two (2) water treatment plants (WTP). The Hinckley WTP receives raw water primarily from the Santa Ana River, and the Tate WTP receives raw water primarily from Mill Creek. Hinckley WTP and Tate WTP both use various mechanical and chemical processes to remove sediment and organic debris from the raw water prior to disinfection.

The byproduct of the sediment and debris removal process is a wet sludge that must be de-watered prior to disposal. The Hinckley WTP produces approximately 12,000 gallons of wet sludge from the sedimentation basins and 14,000 gallons of wet sludge from waste wash water recycle treatment plant each day. The current de-watering process is lengthy, labor-intensive, and requires the use of diesel fueled heavy equipment to move the sludge as it dries.

Typically, 2,400 cubic feet of dry sludge is produced each day. More advanced technologies exist that are capable of significantly expediting the wet sludge de-watering process and reducing operating costs.

In mid-February 2022, MUED issued a Request for Proposals from qualified consultants to engineer sludge press equipment to be installed at the Hinckley WTP. Dudek submitted the only proposal before the March 7, 2022 deadline.

Dudek has successfully completed projects similar in scope and size, and has completed several engineering projects for the City. The MUED staff formed a proposal rating committee, and determined Dudek is qualified to complete this project. MUED staff negotiated a reasonable service fee not anticipated to exceed $354,820, which includes one (1) alternative items totaling $13,860 that will only be authorized if required by permitting agencies, or if actual field conditions necessitate.

ALTERNATIVES:

City Council may elect to deny the staff recommendation.

Redlands Regular Meeting of 04-19-22 459 of 487
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:

John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 501910
Discussion:

There is no fiscal impact associated with this recommendation. The FY 21/22 Water Projects Budget (501910) includes funding for this project.

Attachments
Dudek Professional Service Agreement
Redlands Regular Meeting of 04-19-22 460 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 1

AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional engineering services (“Agreement”) is made and entered in this 19th day of April, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation and general law city (“City”) and Dudek, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide Hinckley Water Treatment Plant sludge press engineering services for City (the “Services”).

ARTICLE 2 – SERVICES OF CONSULTANT

2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by reference.

2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates John R Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “B,” titled “Project Schedule,” which is attached hereto and incorporated herein by reference.

4.2 Consultant shall complete the Services by December 31, 2022, unless the Services are terminated earlier as provided for herein.

Redlands Regular Meeting of 04-19-22 461 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 2

4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of Three Hundred Fifty Four Thousand Eight Hundred Twenty Dollars ($354,820). City shall pay Consultant on a not-to-exceed basis in accordance with the hourly rates set forth in Exhibit “C,” titled “Cost Proposal,” which is attached hereto and incorporated herein by reference.

5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

5.3 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, if confirmed with a copy sent contemporaneously by first class, certified, 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:

CITY CONSULTANT
John R Harris, MUED Director Bob Ohlund, P.E., Vice President City of Redlands Dudek
35 Cajon Street, Suite 15A 3544 University Avenue
P.O. Box 3005 (mailing) Riverside, CA 92501
Redlands, CA 92373 [email protected]
[email protected] (949) 373-8313
(909) 798-7658
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies Redlands Regular Meeting of 04-19-22 462 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 3 shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

D. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.

6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of Redlands Regular Meeting of 04-19-22 463 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 4 income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:

A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein Redlands Regular Meeting of 04-19-22 464 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 5 set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or Redlands Regular Meeting of 04-19-22 465 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 6 sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS DUDEK
By: ___________________________ By: ____________________________ Paul T. Barich, Mayor Bob Ohlund, P.E., Vice President
Attest:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 04-19-22 466 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 7 EXHIBIT "A"

SCOPE OF SERVICES
The following Scope of Work details the tasks that the Consultant shall complete with respect to preparing and completing the Citywide Wastewater System Master Plan Update.

This scope of work shall be completed within the schedule period listed in Exhibit “B.” [ATTACHED]
Redlands Regular Meeting of 04-19-22 467 of 487
Hinckley WTP Sludge Press Design SOW-1
Detailed Scope of Work
Text Key
The following key indicates text used to differentiate scope items listed by the City in its RFP from Dudek scope details and assumptions.

City scope of work taken from RFP provided as black bold text.

Dudek detailed scope of work items listed in black italics.

Dudek assumptions listed in blue italics.

Task 1: Phase 1 – Alternatives Evaluation
The Consultant shall review the Hinckley WTP site layout, treatment processes, sludge removal operations, and conduct additional research and site investigations necessary to evaluate various sludge press equipment types and locations, as well as process alternatives. The Consultant shall provide a list of pros and cons for the various alternatives.

Task 1.1: Alternative Development
The Consultant shall provide conceptual construction cost estimates, including site civil work, safety features, wet and dry utility needs, piping, pumping and control systems, and other associated temporary and permanent construction elements for each of the alternatives. Task 1 includes an in-person Project kickoff meeting, weekly remote progress meetings, and an in-person alternatives analysis meeting. The deliverable for Task 1 is a detailed technical memorandum and supporting exhibits. At the conclusion of Task 1, the City staff will select a preferred alternative. This evaluation shall consider the following minimum items:

Task 1.1.1: Site and Process Assessment
Review the Hinckley WTP site and processes to identify potential sludge press equipment and locations.

Dudek will organize and attend one (1) in-person kickoff meeting and site walk.

Dudek will request as-built drawings, waste sludge data, SOPs related to sludge wasting, any available reports related to sludge handling, permits and associated contacts at regulatory agencies.

Up to two (2) sludge equalization options will be evaluated. Dudek suggests the following:

1. New below grade tank with dry well sludge pump station near filter press

2. Modified existing sludge lagoon with dry well sludge pump station A pros and cons comparison will be made to determine the best sludge equalization option.

Dudek assumes that only filter presses will be evaluated. The location of the sludge press will be between Sludge Lagoon 4 and the Utilities building. Sludge press options and potential manufacturers will be evaluated in subsequent tasks.

Task 1.1.2: Equipment Research
Evaluate various equipment offerings that are easily integrated into the existing Hinckley WTP processes.

Redlands Regular Meeting of 04-19-22 468 of 487
Hinckley WTP Sludge Press Design SOW-2
Evaluate up to 3 sludge press options: Pacific Press, Alfa Laval, and Evoqua (or other City selection(s)). Dudek will coordinate sending sludge samples to each manufacturer. The manufacturer will analyze sludge at its laboratory and send to Dudek a cost proposal with equipment and O&M costs including a projected cake percent solids.

Dudek will coordinate and attend up to two (2) site visits where City staff visit local filter press installations.

Task will compile available press options, features, cutsheets, list of installations.

This task will also determine City preferences for pumps, valves/actuators, PLCs, etc.

Findings from this task will be included in the TM slides (Task 1.3).

City will send sludge samples to manufacturers for analysis. Ancillary equipment types (e.g. feed pumps) will be evaluated based on City preference.

Task 1.1.3: Capacity Analysis
Evaluate process equipment capacity requirements based on best available data (provided by City).

Dudek will evaluate recent sludge production data (volume, concentration, wasting schedule) as well as future sludge production rate. Dudek will develop an operating schedule with City Staff, including anticipated weekly hours of operation and required storage volume. These results will be used to determine sludge filter press system design criteria.

Dudek assumes that the City has available sludge volume data but would need to develop sludge concentration data for the purposes of developing a sludge mass production design criterion. Dudek provides the City guidance on sampling but assumes the City or others will perform physical sludge sampling and measurement. We also assume the City will provide a value for maximum equipment runtimes (hours per day, days per week).

Task 1.1.4: Foundations and Access
At a planning level, identify typical equipment and vehicle access foundation alternatives, as appropriate.

Dudek to provide equipment footprints and preliminary site layout including vehicle access points.

Task 1.1.5: Regulatory Constraints
Research and identify any regulatory constraints (e.g. SWRCB DDW, Air Quality Management Division, etc.) that may have implications on equipment selection and location. Research and identify necessary construction permitting and the level of CEQA evaluation and documentation necessary for each alternative.

Dudek to solicit input from DDW and SCAQMD regarding project. Responses from these agencies will be documented in the TM presentation (Task 1.3).

Dudek will perform the required research to determine regulatory constraints, However, we do not anticipate any required modifications to City permits (DDW, SCAQMD) or impacts on final design.

Task 1.2: Lifecycle Cost Analysis
Evaluate life cycle costs (as net present and annual worth) for alternatives under consideration. This shall include the initial capital investment as well as anticipated maintenance and replacement costs.

Dudek will develop a lifecycle cost model that provides annual and net present worth costs for up to 3 filter press alternatives. O&M costs will consider labor, maintenance, power, chemical, and cake hauling costs. Capital costs will consider equipment and construction costs amortized over the life of the equipment.

Dudek assumes that 3 alternatives will be evaluated.

Redlands Regular Meeting of 04-19-22 469 of 487
Hinckley WTP Sludge Press Design SOW-3
Task 1.3: Technical Memorandum
Present results of the alternatives evaluation to MUED staff for selection of a preferred alternative. A formal alternatives evaluation report is not necessary. Figures, photographs, and estimate tables accompanied by a meeting/presentation will suffice for this task.

Dudek will develop a concise presentation that summarizes the information developed in the above tasks. The presentation will be given to City staff at which time a recommended alternative will be determined.

Dudek assumes that the presentation to MUED staff will be in PowerPoint format performed in a virtual workshop (i.e.

Zoom).

Redlands Regular Meeting of 04-19-22 470 of 487
Hinckley WTP Sludge Press Design SOW-4
Task 2: Phase 2 – Final Design
The following tasks are based on an assumed Phase 1 recommendation similar to that depicted in Figure 2 of our proposal. The major design items are assumed to include: a below-grade sludge equalization tank or basin structure, semi-automatic Pacific Press sludge filter press installed on a platform 10-ft overhead located between Sludge Lagoon 4 and the Utility Building, and a sludge feed pump station dry well. These tasks will need to be reassessed if Phase 1 recommendations point to an alternate design.

Task 2.1: Site Survey, Basemap and Utility Research
Perform a site survey within the project area for existing surface features, topography, and utilities as necessary for engineering. Utility data shall be obtained by performing 811 utility locates and may require follow up with individual utility companies who fail to locate their lines. The City will provide existing shapefiles for water, sewer, and storm utilities to supplement field surveys.

Survey, potholing, utility locating, and field measurement crews will perform work concurrently without interrupting plant operations.

Perform field surveys as necessary to establish property boundaries and easements adjoining the project site.

Limits of proposed improvements will be within the WTP site, with adequate setback from existing perimeter/fencing.

Boundary survey is not needed.

Perform the potholing of existing utilities where necessary to collect data for design (e.g., elevations at critical crossings or where potential for conflict exists). Survey the locations of exposed utilities.

Five (5) potholes will be provided and coordinated with survey. Asphalt concrete will need to be removed and replaced for some of the potholes.

Coordinate jet-tracing of any gravity utility lines that require tracing and survey the marked locations. The actual jet-tracing will be performed by the City.

Establish local survey control within the project area and place survey control monuments as necessary along the project alignment. Monuments shall be a #5 set rebar at least four feet (4’) deep with an aluminum cap.

All survey tasks will be tied horizontally and vertically to three (3) monuments within the WTP site (i.e. #1006, #1008 and #1009 per Project No. 71204 / D-40189). We assume new monuments are not needed.

Prepare an AutoCAD basemap of the project for use in subsequent planning, design, and plan preparation.

Our surveyor (GSi) will prepare topographic survey mapping, utility mapping of City provided record drawings, and field location as required to establish subgrade obstructions, pipes and conflicting utilities. The basemap will be provided in both AutoCAD and PDF format. The survey submittal will also include field survey notes and photos as required.

Task 2.2: Geotechnical Investigation
Perform geotechnical borings and laboratory analyses as necessary to engineer the proposed site improvements.

One day of geotechnical field work will be provided which is estimated to result in four (4) to five (5) exploratory test pits. Borings are assumed to not be feasible due to subsurface conditions (i.e. cobbles and boulders). Test Redlands Regular Meeting of 04-19-22 471 of 487
Hinckley WTP Sludge Press Design SOW-5
pits are proposed to be excavated with a backhoe equipped with reaching depths ranging between 5 – 10 feet below existing ground. In-place density tests will be included at 1-2 feet vertical intervals using a nuclear gauge.

Proposed laboratory testing includes:
 In-place density (if undisturbed samples can be collected)  Soils corrosivity.
 Sieve analysis.
 Laboratory maximum density.
 Remolded Direct shear.

Perform slope-stability studies as necessary to aid in final siting of the equipment and ancillary facilities, and identify any special considerations required to maintain stability of the areas and avoid compromising the equipment and associated improvements.

Detailed slope-stability study is not needed as improvements are anticipated to be onsite. Geotechnical work will include testing and recommendations to establish basis for excavation methods for underground structures, trenching and basin construction.

Prepare a geotechnical report summarizing the methods, findings, and recommendations resulting from the geotechnical investigations. The anticipated contents of the report include:

The anticipated contents of the report include:
 Project and site description.
 A description of the field procedures used in the investigation.  A description of subsurface conditions and controlling engineering properties of the subsurface materials encountered, including a documentation of the test pits and sampling locations, and groundwater level.  Depth to groundwater (if encountered) and its impact on the proposed project.  Discussion on the laboratory test results.
 Location of faults and potential impacts.
 Seismic parameters based on the 2019 CBC.
 Allowable soils bearing capacity for shallow foundation design.  Lateral earth pressures.
 Mat foundation recommendation.
 Foundation/slab subgrade preparation recommendation.
 Excavatabilty of the site soils.
 Grading and shoring recommendations.
 Backfill compaction recommendations.

Task 2.3: Final Design
Perform the final engineering of the preferred alternative to include the equipment type and location, foundations, control structures, instrumentation, and any other elements necessary to bring the system into service.

Engineer site improvements within the project area to include site grading, drainage, safety features, plumbing, utilities, and access roadways. Given the small scale the project (less than 1 acre of additional impervious area created), it is anticipated that stormwater detention and permanent water quality BMPs are not required.

Permanent water quality BMPs are not needed.

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Hinckley WTP Sludge Press Design SOW-6
Coordinate with dry utility companies (gas, power, communications, etc.) to relocate any existing utilities in conflict with the proposed improvements. The actual relocation designs will be performed by the utility owners and billed to the City.

Existing electrical service and site backup power will be sufficient to accommodate the electrical loads of new equipment.

Coordinate Engineering with outside agencies (i.e., San Bernardino County Flood Control District, RWQCB, FEMA, etc.) to include permitting, design reviews, specification reviews, etc. Actual permitting fees will be paid by the City.

Dudek will perform the coordination required with outside agencies; however, we do not anticipate permitting application documents and design reviews will be required by San Bernardino County Flood Control District or FEMA as the improvements will be onsite with insignificant impact on drainage and flooding conditions. Dudek assumes RWQCB coordination will not be needed beyond providing a brief project description.

Engineer erosion control plans indicating erosion control minimums to be implemented by the Contractors. A detailed SWPPP is outside of the scope of work and will be prepared by the Contractors.

RWQCB requirements will be addressed with erosion control sheet in the plans and a specification requirement for the contractor to provide a SWPPP or justification if a SWPPP is not needed.

TASK 2.3.1: CONSTRUCTION DOCUMENTS
Prepare suitable-for-construction engineering drawings for the project to include, but not be limited to, the following:
a. Title Sheet
b. General Notes Sheet
c. Existing Conditions Sheet (with identification of available project access and staging areas) d. Survey Control Sheet
e. Erosion Control Plan
f. Removal Plans
g. Pipe Plans (including foundations, piping, plans and profiles) h. Connection Piping Details
i. Control System Plans
j. Utility/Power Plans (as necessary)
k. Utility Relocation Plans
l. Site Grading and Drainage Plans
m. Site Security Plans (perimeter fencing and access gates) n. Detail Sheet (as necessary)
o. Site Restoration Plans
p. Additional plan sheets necessary to create a plan set suitable for bidding and construction Anticipated drawings are summarized in the table below.

Sheet Drawing Title
1 G-1 General - Title Sheet and Location Map
2 G-2 General - Sheet Index, General Notes and Abbreviations 3 G-3 General – Symbols, Pipe and Equipment Schedules
4 G-4 General – Process Flow Diagram and Design Criteria (1 of 2) 5 G-5 General – Process Flow Diagram and Design Criteria (2 of 2) 6 G-5 General – Existing Conditions, Survey Control, and Staging 7 D-1 Demolition – Demolition Removal - Plan
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Hinckley WTP Sludge Press Design SOW-7
Sheet Drawing Title
8 D-2 Demolition – Demolition Removal - Details
9 C-1 Civil – Site Plan
10 C-2 Civil – Grading and Pavement Plan
11 C-3 Civil – Yard Piping Plan
12 C-4 Civil – Details
13 C-5 Civil – Details
14 C-6 Civil – Erosion Control Plan
15 C-7 Civil – Horizontal Control Data Tables
17 SD-1 Structural – General Notes
18 SD-2 Structural – General Notes
19 SD-3 Structural – Special Inspections
20 S-1 Structural – Typical Details - Concrete
21 S-2 Structural – Typical Details - Concrete
22 S-3 Structural – Typical Details – Steel / Miscellaneous Metals 20 S-4 Structural – Typical Details – Steel / Miscellaneous Metals 21 S-5 Structural – Sludge Press Foundation Plan and Framing Plan 22 S-6 Structural – Sludge Press Sections
23 S-4 Structural – Sludge Holding Foundation Plan
24 S-5 Structural – Sludge Holding Sections
25 S-6 Structural – Sludge Feed Pump Station Foundation Plan 26 S-7 Structural – Sludge Feed Pump Station Sections
27 S-8 Structural – Details
28 S-9 Structural – Details
29 S-10 Structural – Details
30 M-1 Mechanical – Key Map and General Notes
31 M-2 Mechanical – Sludge Press Plan
32 M-3 Mechanical – Sludge Press Sections
33 M-4 Mechanical – Sludge Holding Plan
34 M-5 Mechanical – Sludge Holding Sections
35 M-6 Mechanical – Sludge Feed Pump Station Plan
36 M-7 Mechanical – Sludge Feed Pump Station Sections
37 M-8 Mechanical – Details
38 M-9 Mechanical – Details
39 M-10 Mechanical – Details
40 E-1 Symbols/General Notes
41 E-2 P&ID
42 E-3 Site Plan (1 of 2)
43 E-4 Site Plan (2 of 2)
44 E-5 Single Line Diagram and Schedule (1 of 2)
45 E-6 Single Line Diagram and Schedule (2 of 2)
46 E-7 Electrical Details
An updated plant-wide process flow diagram will be prepared. Dudek assumes City staff will provide markups to the 1985 original as-builts indicating any changes made to the WTP since original construction. The updated Redlands Regular Meeting of 04-19-22 474 of 487
Hinckley WTP Sludge Press Design SOW-8
process flow diagram will incorporate 2012 Plant Optimization process changes as well as sludge press process upgrades.

Sludge press platform structural design is assumed to completed by the equipment vendor. Note that some sludge press vendors may not have established platform design; therefore, platform design services by Dudek/Kelsey Structural are included as an optional task.

Site Security plans (perimeter fencing and gates improvements) are not included.

New piping diameters are anticipated to be small; therefore, detailed piping profiles are not necessary. New pipe elevations will be identified in civil plan views and mechanical sections.

Prepare detailed specifications for project construction.

Specifications will be prepared in conjunction with Standard Plans for Public Works Construction (Greenbook).

Additional special provisions and technical specifications will be prepared for improvements not covered by Greenbook or City Standard Specifications.

Plans and specifications shall be submitted to the City for review and comment at the 30%, 60%, 90%, and final design completion level.

Anticipated plan and specification deliverables for each design level include:
 30% Submittal will include conceptual layouts for major civil, structural, mechanical, and electrical improvements along with some sections and details as appropriate to establish planned improvement extents and approach for future design submittals. Specifications will not be included with this submittal.  60% Submittal will include substantially completed draft drawings including plans, sections, and key details for each engineering discipline. Details which do not have significant impact on final design will be omitted. Key specifications will be drafted including the Table of Contents, Summary of Work, Maintenance of Plant Operation, Sludge Press Equipment, and Sludge Feed Pumps.  90% Submittal will include a complete draft of the final plans and technical specifications.  100% Submittal will comprise of complete final plans and specifications.  Deliverable Format: All submittals will be in PDF format. Hard copies of the final plans and specs will also be provided.

Using a bid form prepared in collaboration with the City, prepare a summary of quantities for the final design.

The bid form will be prepared for the 90% and 100% design levels. Dudek assumes no more than 25 bid items will be included on the bid form.

Prepare an engineer’s opinion of probable cost at the 30%, 60%, 90%, and final design completion levels.

Itemized EOPC will be prepared for each design level.

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Hinckley WTP Sludge Press Design SOW-9
Task 3: Project Management and Meetings
The following subtasks provide additional detail on scope items related to Task 3.

Task 3.1: Monthly Invoicing and Billing Reports
Prepare monthly invoices with cover letters summarizing work performed for the invoice period, supporting tabulation of hours by date and task for employees working on the project, and supporting expense reports and invoices for reimbursable expenses.

Task 3.2: Monthly Project Meetings
Attend monthly 90-minute project meetings with the MUED staff to discuss project progress and any engineering issues that arise. Meetings may be performed remotely. Meeting agendas will be established in collaboration with MUED staff.

Task 3.3: Design Review Meetings
Attend in-person design review meetings at the project kickoff, 30%, 60%, 90% and final design completion levels.

Meeting agendas will be established in collaboration with MUED staff.

The project kickoff meeting will occur under Task 1 on the same date as the site walk. Project update meetings will be attended in person by Project Manager and/or Senior Engineer.

Task 3.4: QA/QC
Quality assurance is a project management responsibility to be conducted in accordance with a specific quality control plan. The Project QA/QC Plan is prepared by the Project Manager, in collaboration with the Quality Control Team, prior to the kick-off meeting. Key elements of our QA/QC Plan include the following:
 True peer-review based QC process where submittals receive full review  Project quality roles and responsibilities of the project manager, principal in charge, project engineers, and quality control reviewers
 Master deliverables list with scheduled submittal dates, review(s) to be performed (i.e. client standards, intra-discipline, inter-discipline, constructability), QC review deadline, and assigned QC reviewer(s)  Submittal quality control review process and documentation requirements  Subconsultant submittal validation procedures.

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L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 8 EXHIBIT "B"

PROJECT SCHEDULE
[ATTACHED]
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Hinckley Water Treatment Plant Sludge Press 17
Proposed Project Schedule Figure 4. Proposed Project Schedule Redlands Regular Meeting of 04-19-22 478 of 487
L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 9 EXHIBIT "C"

COST PROPOSAL
[ATTACHED]
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City of Redlands
Hinckley WTP Sludge Press

DUDEK FEE ESTIMATE
3/21/2022
Project Team Role: PIC - QA/QC
Project
Manager
Senior
Engineer
Project
Engineer CAD Designer Admin
Survey Geotechnical Structural Electrical Pothole
Team Member: Chuck Greely Greg Guillen Brian
Robertson
Agata Bugala Nikki Hunter Michelle
Kinney TOTAL DUDEK DUDEK LABOR
GSi Converse Kelsey Rizza AirX

OTHER DIRECT
Billable Rate : $275 $245 $240 $185 $190 $145 HOURS COSTS Fee Fee Fee Fee Fee COSTS TOTAL FEE Task 1 Phase 1 - Alternative Evaluation

1.1 Site and Process Assessment 8 4 16 28 $ 5,880 $700 $800 $ 7,380

1.2 Equipment Research and Installations Visits (2) 16 8 8 32 $ 7,320 $800 $ 400 $ 8,520

1.3 Capacity Analysis 4 8 12 $ 2,460 $ 2,460

1.4 Foundations and Access 2 2 $ 480 $700 $ 1,180

1.5 Regulatory Constraints 4 8 12 $ 2,460 $ 2,460

1.6 Life Cycle Cost Analysis 8 16 24 $ 4,920 $ 4,920

1.7 Tech Memo / Slide Deck 16 4 40 60 $ 12,280 $ 12,280 Subtotal Task 1 56 18 96 170 $ 35,800 $ - $ - $ 1,400 $ 1,600 $ - $ 400 $ 39,200 Task 2 Phase 2 - Final Design

2.1 Site Survey, Basemap and Utility Research 1 4 4 9 $ $11,000 1,740 $800 $9,000 $ 22,540

2.2 Geotechnical Investigation 1 1 $ 240 $17,000 $400 $ 17,640

2.3.1 30% PS&E 16 40 60 60 176 $ 36,020 $8,000 $6,000 $ 50,020

2.3.2 60% PS&E 8 60 80 120 268 $ 53,960 $24,000 $10,000 $ 87,960

2.3.3 90% PS&E 8 40 40 80 4 172 $ 34,740 $12,000 $6,500 $ 53,240

2.3.4 100% PS&E 8 32 40 40 4 124 $ 25,220 $8,000 $4,000 $ 200 $ 37,420 Subtotal Task 2 40 174 224 304 8 750 $ 151,920 $ 11,000 $ 17,000 $ 53,200 $ 26,500 $ 9,000 $ 200 $ 268,820 Task 3 Project Management

3.1 Monthly Invoicing and Billing Reports 12 8 20 $ 4,100 $ 4,100

3.2 Monthly Project Meetings 16 16 8 40 $ 9,240 $ 9,240

3.3 In-Person Design Review Meetings 30 30 10 70 $ 16,400 $ 1,000 $ 17,400

3.4 QA/QC 8 8 $ 2,200 $ 2,200
Subtotal Task 3 46 46 18 110 $ 25,640 $ - $ - $ - $ - $ - $ 1,000 $ 26,640 Total Hours and Fee 8 154 238 338 304 16 1058 $ 219,660 $ 11,000 $ 17,000 $ 54,600 $ 28,100 $ 9,000 $ 1,600 $ 340,960 Percent of Hours: 1% 15% 22% 32% 29% 2% 100%
Task 4

4.1 Structural Platform Design 2 2 4 $ 860 $13,000 $ 13,860 Subtotal Task 4 2 2 4 $ 860 $ - $ - $ 13,000 $ - $ - $ - $ 13,860 Total Optional Hours and Fee 8 2 2 4 $ 860 $ 13,000 $ 13,860 Subconsultant Fees
Optional Services
Dudek Labor Hours and Rates
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L:\ca\djm\Agreements\Dudek Agreement.PS-1.1.FY21-0094.doc.jn 10 EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

DUDEK

By: Date: ___________________
Bob Ohlund, P.E., Vice President
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City Council Meeting L. 9.

DATE: 04/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Request to Establish an Enhanced Infrastructure Financing District (EIFD), and Approval of a Letter of Support for Grant Funding (Development Services Director Desatnik)
MOTION:

If the City Council supports the University of Redlands' request for the City to establish an Enhanced Infrastructure Financing District, the following motions are provided.

I move to direct staff to work with the University and consultants to prepare the necessary documents and reports to establish an Enhanced Infrastructure Financing District to support the University Village project; and to meet with representatives of the County of San Bernardino to request its participation;

1. I further move to authorize the City Manager to sign and submit a letter of support for grant funding to the University of Redlands.

2. RECOMMENDATION:

Direct staff to work with the University of Redlands and consultants to prepare the necessary documents and reports to establish an Enhanced Infrastructure Financing District to support the University Village project, and to meet with representatives of the County of San Bernardino to request its participation.

Direct staff and the City Manager to sign and submit a letter of support for grant funding to the University of Redlands.

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DISCUSSION:

The President of the University of Redlands, Krista Newkirk, has sent a letter to the City (Attachment A) requesting the creation of an Enhanced Infrastructure Financing District (EIFD) to support the University's University Village development project. Ms. Newkirk, and Mr. Joseph Dieguez, from the consulting firm Kosmont Companies, will provide a presentation to the City Council on the University Village project, the concept of an EIFD, and how an EIFD can assist with the implementation of the University Village project.

An EIFD is based on the principal of Tax Increment Financing, the same principal that was behind redevelopment that existed in California from the early 1950s until it was abolished by the State in 2012. Tax Increment Financing (TIF) works by freezing the assessed valuation of all property within a TIF area, referred to as the Base Year valuation. In years after the Base Year, property tax revenue tied to increases in assessed valuation, resulting from new development or real property transfers, is referred to as Tax Increment. Tax Increment can then be used to fund infrastructure and other public improvements to support additional development. Typically, an agency will issue bonds for the public improvements that are repaid over many years from annual Tax Increment revenue.

The University is requesting that the City establish an EIFD with a funding capacity of approximately $22.5 million over a 50-year period, and that the City allocate 50% of the Tax Increment to the EIFD to finance public improvements that will support the University Village project. The other 50% of the Tax Increment would be distributed to the normal recipients of property tax revenue.

The University is also requesting the City's assistance in approaching the County of San Bernardino for potential partnership in the EIFD.

An additional aspect of the funding plan for the University Village project involves seeking state and federal grant funds. The University and its consultants have researched various congressional and statewide grant opportunities. They have determined that most funding requests of this nature require that non-governmental entities obtain a financial intermediary, typically a local government, to oversee the disbursement and expenditure of state and federal funds. Staff worked with the University and its team to draft the attached letter of support to bolster the eligibility and competitiveness of any grant opportunities that the University may seek. The letter declares the City's intent to support the University, to act as the required financial intermediary, subject to the terms and conditions that may be imposed by different granting agencies and also subject to terms of a funding agreement between the City and University that covers grant requirements as well as indemnifications and financial protections for both parties.

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SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Fiscal Impact
Discussion:

If the City goes forward with the creation of an EIFD, then a portion of the increased property tax revenue generated from increased property valuations resulting from new development will be allocated to paying for infrastructure improvements. This will not impact current City revenues, only revenue that would result from new development.

Attachments
Letter of Support-University of Redlands
Attachment A: Letter from University of Redlands
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City of

REDLANDS
Incorporated 1888
35 Cajon Street, Redlands, CA 92373
909-798-7510
[email protected]
April 20, 2022
President Krista L. Newkirk, J.D., President
University of Redlands
1200 East Colton Avenue
Redlands, CA 92373-0999
Dear President Newkirk,
In recognition of the transformative potential of the University Village project, the City of Redlands extends its support to the University in serving as a financial intermediary to oversee the expenditure of State or Federal funds should the need arise. The project’s “car-light” neighborhood design, robust mix of uses, and transit-oriented theme will provide a valuable asset to the community both at its completion and well into the future.

In consideration of this support, please accept this letter as acknowledgement that the City would be agreeable to serve as a financial intermediary on behalf of the University pursuant to the terms and conditions typical of such arrangements. While at this time, no specific grant program or agency has been identified, the City understands that grant applications and funding requests will vary in terms of requirements and conditions. The City would formalize this funding arrangement with the University in a memorandum of understanding to specifically outline the granting agency’s requirements, mutual indemnities and financial protections for all parties.

We respectfully request the University share any notices of award of any governmental grants and the requirements thereof at its earliest convenience. At that time, City and University staff can work together to negotiate and adopt the appropriate memoranda of understanding.

We look forward to working with the University and to the realization of the University Village project.

If you have any questions or would like to discuss with me directly, please feel free to call or email me at (909) 798-7510 or [email protected].

Sincerely,
Charles M. Duggan, Jr., City Manager
City of Redlands
CHARLES M. DUGGAN, JR.

City Manager
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1200 East Colton Avenue • P.O. Box 3080 • Redlands CA 92373-0999 • Tel: 909-748-8390 Office of the President
March 31, 2022
Charles M. Duggan, Jr.

City Manager
City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
Re: Request for Enhanced Infrastructure Financing District (EIFD) Implementation Dear Mr. Duggan:

The University of Redlands (“University”) is seeking assistance and cooperation from the City of Redlands (“City”) to form an Enhanced Infrastructure Financing District (“EIFD”) to fund critical infrastructure of significant benefit to our University Village Project ("Project”), the City, and greater County of San Bernardino region. As you know, EIFDs have been successfully used across Southern California to provide funding for needed infrastructure improvements.

The Project is a master-planned, mixed-use development proposed on a 30-acre site located adjacent to the University of Redlands campus on the northern side of the City, surrounding the new Arrow Line rail station. The Project includes approximately 1,050 residential dwelling units, 55,000 square feet of retail and restaurant space, 45,000 square feet of flex/office space, and 70 hotel rooms. Additionally, the Project will provide seven acres of open space amenities including a park and extensions of the Orange Blossom and Zanja trails.

University Village will also include affordable housing components, as well as improvements to mitigate stormwater issues affecting the neighborhood.

Key to the Project are housing and transit-supportive infrastructure improvements, including roadway, transit connectivity, stormwater, and other improvements totaling approximately $80 million. The Project team intends to utilize a combination of several public and private funding sources and financing mechanisms as part of its infrastructure funding strategy, including developer equity, EIFD funds, and grants.

The University is requesting City assistance and collaboration in the formation of an EIFD with specific emphasis on the Project to partially fund housing and transit-supportive infrastructure to benefit the surrounding neighborhood and the Redlands community at large. Specifically, the University of Redlands is requesting that the City allocate to the EIFD Redlands Regular Meeting of 04-19-22 486 of 487

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Redlands City CouncilApril 19, 2022

Redlands City Council
April 19, 2022