REVISED
CITY OF REDLANDS
CITY COUNCIL
SUCCESSOR AGENCY
A G E N D A S
MAY 3, 2022
PAUL BARICH
Mayor
EDDIE TEJEDA
Mayor Pro Tempore
DENISE DAVIS
Council Member
JENNA
GUZMAN-LOWERY
Council Member
MICK GALLAGHER
Council Member
***
JEANNE DONALDSON
City Clerk
ROBERT DAWES
City Treasurer
CHARLES M. DUGGAN JR.
City Manager
DANIEL J. McHUGH
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
May 3, 2022
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:
TUESDAY, MAY 3, 2022
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):
Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org or to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.
In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.
Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that
item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.
To provide comment while participating from Council Chambers:
Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.
After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.
To provide comment through Zoom (on a computer, laptop, or smart device):
Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak
To provide comment via audio only (cell phone or landline):
Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.
PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
5:00 P.M.
A. Call City Council Meeting to Order
B. Recess until 6:00 P.M. Open Session
May 3, 2022
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B. Recess until 6:00 P.M. Open Session
C. (There are no closed session matters)
May 3, 2022
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6:00 P.M.
D. Reconvene City Council Meeting
E. Invocation by Council Member Davis - Pledge of Allegiance (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations
1. Presentation of the Southern California Edison WISE Program energy efficiency incentive check to the City of Redlands by Christian Torres representing Southern California Edison (Municipal Utilities and Engineering Director Harris)
2. Presentation of Asian American and Pacific Islander Heritage Month proclamation to Willis Saloman of The Artlands (Council Member Davis)
3. Presentation of Redlands Open World Week proclamation to Dragana Obradovic, U.S. Studies Coordinator, United States Embassy, Belgrade; Ljiljana Markovich, Senior Lecturer, Faculty of Philosophy, University of Nis; Daliborka Puric, Professor and Vice Dean for International Cooperation, University of Kragujevac; Maria Cvijetic Vukcevic, Professor in Scientific Field of Special Education and Rehabilitation, University of Novi Sad; Nenad Vulovic, Professor and Vice Dean of Faculty of Education in Jagodina, University of Kragujevac; Ivana Markovic, Teacher Education Faculty, University of Belgrade (Council Member Gallagher)
H. Public Comments - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)
1. Approve minutes of the regular meeting of April 19, 2022, and the special meeting of April 20, 2022 (City Clerk Donaldson)
2. Approve recommendation for appointments to the Citrus Preservation Commission (Mayor Barich)
3. Approve recommendation for an appointment to the Cultural Arts Commission (Mayor Barich and Council Member Gallagher)
4. Authorize issuance of a proclamation declaring May 2022, as Asian American Pacific Islander Heritage Month (Council Member Davis)
May 3, 2022
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5. Authorize issuance of a proclamation declaring May 1st through May 7th, 2022 as Redlands Open World Week (Council Member Gallagher)
6. Approve Resolution No. 8336 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
7. Approve adoption of Ordinance No. 2932, adopting a military equipment use policy (Police Chief Catren)
8. Approve a Warning, Waiver and Release of Liability and Agreement to Participate between the City of Redlands and Redlands Jiu Jitsu to conduct training, presentations, and testing from May 3, 2022, to May 3, 2025 (Police Chief Catren)
9. Approve a request by the Redlands Arts Festival, Inc. to hold the Redlands Festival of Arts event on May 28-29, 2022; authorize street closures related to the event; approve a request for in-kind support in the amount of $5,747.00; authorize the sale and consumption of alcoholic beverages at the event; and determine that the event is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
10. Approve a Sports Field Use Agreement with Redlands Crush Baseball and determine that the agreement is 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)
11. Approve Resolution No. 8294 initiating proceedings to continue levying assessments, appointing an assessment engineer, and ordering the preparation of an Engineer's Report for Street Lighting District No. 1 and Landscape Maintenance District No.1 (Municipal Utilities and Engineering Director Harris)
12. Approve a Fiscal Year 21/22 Purchase Order modification in the amount of $18,000 with Cintas for uniform, laundry, and janitorial services (Municipal Utilities and Engineering Director Harris)
13. Receive and File the Summary of Local Water Company Annual Meetings (Municipal Utilities and Engineering Director Harris)
14. Approve a Letter of Intent to Initiate the Planning Process to Consolidate the Brookside Mobile Home Park Water System with the City of Redlands Water System (Municipal Utilities and Engineering Director Harris)
J. Communications
1. Presentation by Accelerate Neighborhood Climate Action on the work the organization is doing within the City of Redlands in relation to the effects of climate change (Mayor Pro Tem Tejeda)
2. Traffic and Parking Commission Annual Report to the City Council (Municipal Utilities and Engineering Director Harris)
May 3, 2022
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K. New Business
1. Consideration of a multi-year contract with San Bernardino County Fire Protection District for household hazardous waste collection management in an amount not to exceed $717,933.79 over a five-year period (Fire Chief Sessler)
2. Consideration a professional services agreement with Miller Architectural Corporation for on-call general architectural services in an amount not-to-exceed $300,000 (Assistant City Manager Boatman)
3. Consideration of a recommendation by the Cultural Arts Commission to develop an Arts and Culture Master Plan, and receive the Arts Economic Impact Study (Assistant City Manager Boatman)
4. Consideration to authorize the expenditure of $30,000 in support of the 2022 Fourth of July Celebration; determination that the financial support serves a public benefit; and approval of an additional appropriation of the same (Assistant City Manager Boatman)
5. Discussion and possible direction to staff to prepare the required documents to place an ordinance on the ballot for the November 8, 2022, General Municipal Election to increase the Business License Tax for Distribution Center Businesses (Management Services/Finance Director Garcia)
L. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
M. Adjournment
The next regular meeting of the City Council will be held on May 17, 2022.
N. Successor Agency of the former Redevelopment Agency of the City of Redlands
1. Call regular meeting of the Successor Agency Board of Directors to order.
2. Public Comments
(At this time, the Agency Board will provide an opportunity for the public to address them on any subject, within the jurisdiction of the Successor Agency of the former Redevelopment Agency of the City of Redlands, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting.
Comments will be limited to three {3} minutes.)
3. Approve minutes of the regular meeting of April 5, 2022 (Secretary Donaldson)
4. Adjourn Successor Agency Board of Directors' meeting The next regular meeting of the Agency will be held on June 7, 2022.
May 3, 2022
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If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.
Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.
Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcasted at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Agendas, staff reports and minutes of the City Council of the City of Redlands are available on the Internet:
http://www.cityofredlands.org
May 3, 2022
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City Council/Successor Agency Meeting I. 1.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve minutes of the regular meeting of April 19, 2022, and the special meeting of April 20, 2022 (City Clerk Donaldson) MOTION:
I move to approve the minutes of the regular meeting of April 19, 2022, and the special meeting of April 20, 2022.
Attachments
Minutes of the regular meeting of April 19, 2022
Minutes of the special meeting of April 20, 2022
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MINUTES
Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on April 19, 2022 at 5:00 P.M.
Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Dan McHugh, City Attorney; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; James Garland, Assistant Finance Director
Mayor Barich called the meeting to order. He announced this was conducted as a teleconference meeting in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California. Council Member Davis was present via teleconferencing. All votes during the meeting were conducted by roll call. The Mayor explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.
PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Public Employee Appointment- Government Code §54957 (Mayor Barich and Mayor Pro Tem Tejeda)
Title: City Attorney1.
Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney McHugh)
Two Cases:
C.O.M.E.T. v City of Redlands, et al.; San Bernardino Superior Court Case No. CIVDS 1906437
a.
Coyote Aviation Corporation v. City of Redlands; San Bernardino Superior Court Case No. CIVDS 2203398
b.
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Conference with real property negotiators - Government Code §54956.8 (Municipal and Utilities and Engineering Director Harris) Property: APNs 0300-451-13-0000, 0300-451-14-0000, 0300-451-24-0000, 0300-451-25-0000; (Property located on Helen Court)
Agency
Negotiators:
Charles M. Duggan and John R. Harris
Negotiating
Party:
Cathy A. Macknet, Kenneth D. Macknet II, Mark R. Macknet Under
negotiation:
Terms of payment and price of possible property purchase by City
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:04 P.M. with an invocation by Council Member Gallagher followed by the pledge of allegiance to the American flag.
CLOSED SESSION REPORT
City Attorney McHugh announced that no reportable action was taken during the closed session.
PRESENTATIONS
Mayor Pro Tem Tejeda presented Proclamations recognizing Cesar Chavez Day and Dolores Huerta Day to Nathan Gonzales, Maria Carrillo, Mario Saucedo, and Audrey Maier.
PUBLIC COMMENT
Public comments were presented either in-person, via Zoom, via cell phone or landline.
Hangar 24 Code Violations
- Mary Orban complained that Hangar 24 Brewery was violating their Conditional Use Permit (CUP), and she described their operations were run more like a rowdy bar than a brewery. She pointed out the business hosts live entertainment four nights per week, yet the CUP stipulates the operation should not engage in uses similar to a restaurant, nightclub or bar.
Water Conservation and Other Concerns
- Dennis Bell questioned why the City was not
doing more to promote water conservation. He said that palm trees are planted all over town, and yet they require costly maintenance and provide no shade. With the recent subway shooting in New York City, he wondered how secure the future rail project will be, and he thought the Bicycle Classic had lost much of the community's support.
CONSENT CALENDAR
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Minutes
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, the minutes of the regular meeting of April 5, 2022, and the special closed session meeting of April 6, 2022.
Vote: 5 - 0 Passed
Earth Day Proclamation
Mayor Barich presented a proclamation declaring April 22, 2022, as Earth Day to Linda Hamilton and Richard Corneille, representing Accelerate Neighborhood Climate Action (ANCA).
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring April 22, 2022, as Earth Day.
Vote: 5 - 0 Passed
Human Relations Commission Appointments
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously appointed, by roll call vote, Roy George, Julie Houston, and Annaguey Aranda to each serve four-year terms on the Human Relations Commission ending April 19, 2026.
Vote: 5 - 0 Passed
Resolution No. 8326 Remote Teleconference Meetings
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8326 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days.
Vote: 5 - 0 Passed
Resolution No. 8320 Disability Retirement Applications
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8320 delegating the authority to render determinations relating to Disability Retirement Applications to the City Manager and his/her authorized designees.
Vote: 5 - 0 Passed
Settlement Agreement Disclosure
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On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, the public disclosure of details of an Agreement of Settlement and General Release between the City of Redlands and Steve Unland. Under the terms of the agreement, the City agrees to pay Mr. Unland $27,900.00 to settle and dispose of disputes and controversies associated with a civil action pending in the San Bernardino Superior Court, Case No. CIVDS1928349.
Vote: 5 - 0 Passed
2021 Housing Element Annual Progress Report
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously agreed, by roll call vote, to receive the 2021 Housing Element Annual Progress Report as prepared and submitted to the California Department of Housing and Community Development and the State Office of Planning and Research.
Vote: 5 - 0 Passed
CONFIRE Independent Contractor Agreement
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, an Independent Contractor Agreement with the Consolidated Fire Agencies Joint Power Authority to provide regional emergency dispatch and information technology services.
Vote: 5 - 0 Passed
MOU First Amendment CRYROP Temporary Staffing
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, that approval of the Amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act; and approved the First Amendment to the City's Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupation Program for the provision of temporary staffing services to support the City's Recreation and Senior Services Division in an amount not-to-exceed $20,000.
Vote: 5 - 0 Passed
Resolution No. 8308 Traffic Regulations
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act; and approved Resolution No. 8308 establishing a mid-block crosswalk on Central Avenue between Church Street and Citrus Avenue.
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Vote: 5 - 0 Passed
Tract No. 20065 Final Map
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Tract No. 20065 Final Map.
Vote: 5 - 0 Passed
Support of City of Highland SR-210/5th Street Community Project Funding
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously authorized, by roll call vote, Mayor Barich to sign a letter of support for the City of Highland SR-210/5th Street Community Project Funding application.
Vote: 5 - 0 Passed
Proclamation National Day of Prayer
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously authorized, by roll call vote, the issuance of a proclamation declaring May 5, 2022, as the National Day of Prayer.
Vote: 5 - 0 Passed
Facility Use Agreement University of Redlands
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously authorized, by roll call vote, the Chief of Police, or his designee, to execute the facility use agreement between the City of Redlands and the University of Redlands for the use of its facilities to conduct training, presentations, and testing from April 19, 2022, through December 31, 2024.
Vote: 5 - 0 Passed
Reimbursement Agreement for Sanitary Sewer Collection System Trunk Line
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, a Reimbursement Agreement with First Industrial Realty Trust, Inc. in an amount not-to-exceed $188,562 for the construction of a sanitary sewer collection system trunk line; and approved an additional appropriation of $79,390 from the Wastewater Capital Improvements - Development Impact Fee Fund.
Vote: 5 - 0 Passed
COMMUNICATIONS
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Video Series Making Redlands a Better Place
Public Information Officer Baker presented a new video from the video series “Working for You: Making Redlands a Better Place.” This month's video highlighted Esther Martinez, Emergency Operations Specialist. Filming and production work was provided by Cheryl Williams, Multimedia Production Coordinator.
Accelerate Neighborhood Climate Action Presentation
Mayor Pro Tem Tejeda announced this was the second of a series of presentations by Accelerate Neighborhood Climate Action (ANCA), and he introduced Richard Corneille, who provided a brief overview of how climate change is affecting the water supply world-wide, in California and in Redlands. He pointed out the City has programs to address the water supply deficits, and he suggested that ANCA can help to implement climate action plans and water conservation actions by educating neighborhoods and offering "How To" workshops for residents to reduce their carbon footprint. Examples of water conservation actions included, landscape conversions, installation of efficient irrigation systems, retaining and using rainwater on their properties and planting trees.
Annual Report Human Relations Commission
Stephanie Hastings-Miranda provided the Annual Report for the Human Relations Commission. Activities and accomplishments included, hosting a speaker event with racial justice guest speaker, Joe Richardson, who encouraged the audience to embrace racial equity as an ethical obligation and have difficult conversations to build common ground. The event was a huge success and was attended by more than 50 people. They examined the impacts of hate crimes and hate incidents, crimes against Asian American Pacific Islander communities with guest speaker Priya Engel, looked at ways to monitor and combat antisemitism, participated in the Juneteenth event and the untold stories of Black history, recommended prioritizing inclusionary housing policies to meet affordable housing needs and equitable development goals. The Commission was looking forward to 2022 and the opportunities to provide more community engagement and addressing current events.
Annual Report Airport Advisory Board
Vice Chair Michael Sullivan, of the Airport Advisory Board (AAB), presented the annual report of accomplishments for 2021. The Board consists of several Members who possess many years of aviation experience, and they are passionate about the airport and their work to improve the facility. Their goal is to make it safer, make it a better asset to the City and to educate the public of its value. They reviewed the airport fee schedule, stormwater runoff requirements, wildlife strikes and how to prevent them and neighborhood concerns over the noise associated with UPS overflights preparing to land at the San Bernardino International Airport. The flight path for this approach was next to Redlands Airport, but UPS recognized a need to minimize conflicts and altered their approach pattern. Airport upgrades included additional security video installations, renovations of the airport classroom and the lobby restrooms, and they hosted the International Regional Aerobatic Competition event. Council Members Guzman-Lowery and Gallagher thanked the Board Members for their dedication CC_April 19, 2022
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Members Guzman-Lowery and Gallagher thanked the Board Members for their dedication and service to the City.
Annual Report Street Tree Committee
Street Tree Committee Chairman Andy Hoder presented the annual report of accomplishment and activities for 2021. The Commissioners were pleased the Council and City Manager Duggan increased the street tree allocations, however, he stated that there is much work still to be done to bring the urban forest up to the condition where it should be. COVID-19 continued to negatively impact the Street Tree program, limiting some activities due to a shortage of City personnel, as well as contractor employees. The Committee focused their work primarily with the concerns of landscape plans for new housing projects and commercial developments funded through developer impact fees. They were able to plant a tree in conjunction with Arbor Day, to maintain the active status with the Tree City USA program. On a limited basis, Members evaluated sites where tree removals have been requested, issued Certificates of Appreciation in recognition of exceptional maintenance and care of City trees, and they continued their efforts to enhance the "landmark Trees, Heritage Tree Rows & Stands, & Scenic Preservation" master list. A few of the goals for 2022 include, establishing a comprehensive long-range strategy for maintenance and enhancement of the Redlands Urban forest, continue work with City leadership for progress in tree trimming and removal of dead trees, conduct effective Arbor Day programs and maintain the status as a Tree City USA, continue educating the public on proper care of Street Trees and continue the work to update the Street Tree Policy and Protection Guidelines Manual. Mayor Pro Tem Tejeda heartily thanked all the Committee Members for their passion and dedication towards protecting the City's trees.
Annual Report Citrus Preservation Commission
Mayor Barich announced this item was pulled from the agenda to be presented at a later date.
Resolution No. 8332 City Treasurer's Compensation
Mayor Pro Tem Tejeda offered background related to Resolution No. 8332 and his request to increase the compensation for the City Treasurer to $1,400 per month effective May 2, 2022. This increase, if approved, would be in line with the increase the Council Members recently received. The Treasurer's compensation is set by resolution, with the most current resolution, adopted in 2012.
On motion of Council Member Mick Gallagher, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8332, increasing the compensation for the City Treasurer to $1,400 per month effective May 2, 2022.
Vote: 5 - 0 Passed
PUBLIC HEARINGS
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Historic Designation & Adaptive Reuse 1605 Calvary Circle
Mayor Barich opened the public hearing and called upon Brian Foote, of Development Services, for a summary of requests made to designate property located at 1605 Calvary Circle a historic resource, to amend the East Valley Corridor Specific Plan, Conditional Use Permit to adaptively reuse the existing single family dwelling as a medical office, a reduction in the front yard setback variance, and a modification for parking and associated California Environmental Quality Act Exemptions. The property is located on the south side of Calvary Circle, and at the northwest corner of Alabama Street and Barton Road, and the Applicant, Guadalupe Cobanov, intends to adaptively reuse the building as a pediatric medical office. No written comments were received and with no further discussion, Mayor Barich closed the public hearing.
On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8321 (Historic Designation No. 135) designating the property located at 1605 Calvary Circle as a Historic Resource (Historic and Scenic Resource No. 135); approved Resolution No. 8322 (Specific Plan No. 40, Amendment No. 47), 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; approved Resolution No. 8323 (Conditional Use Permit No. 1107) approving Conditional Use Permit No. 1107 for the adaptive reuse of the property located at 1605 Calvary Circle; approved Resolution No. 8324 (Variance No. 799) approving Variance No. 799 relating to a front yard and parking lot setback requirements for property located at 1605 Calvary Circle; and approved Resolution No. 8325 (Historic Parking Modification No. 31) approving a Historic Parking Modification No. 31 in connection with the adaptive reuse of the property located at 1605 Calvary Circle. (APN: 0293-133-13-0000)
Vote: 5 - 0 Passed
NEW BUSINESS
City Attorney Employment Agreement
Mayor Pro Tem Tejeda was pleased to announce the City Council had reached an agreement with Yvette M. Abich Garcia, for the position of the City Attorney. He wished City Attorney McHugh well on his future retirement and thanked him for all his years of dedication and service to the City. Ms. Garcia is expected to commence work effective May 23, 2022.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the employment agreement with Yvette M. Abich Garcia, for the position of City Attorney Vote: 5 - 0 Passed
SLFRF and ARPA Additional Appropriation
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SLFRF and ARPA Additional Appropriation
Assistant City Manager McConnell provided details of the request for 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). Council Member Davis expressed her appreciation of staff's hard work to make this become a reality.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously authorized, by roll call vote, 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).
Vote: 5 - 0 Passed
Ordinance No. 2932 Military Equipment Use Policy
Police Chief Catren reviewed Ordinance No. 2932, to adopt a military use equipment policy and explained that 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
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously introduced, by roll call vote, Ordinance No. 2932, adopting a military equipment use policy.
Vote: 5 - 0 Passed
Fleet Tire Supply
Assistant City Manager Boatman discussed the details 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. Options to extend by two additional one-year terms, would not exceed $1,014,987.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, 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.
Vote: 5 - 0 Passed
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Juneteenth 2022 Event In-Kind Request
Assistant City Manager Boatman introduced the request made by Stronger Together Now for the Juneteenth 2022 event to be held on June 19, 2022, within Sylvan Park. They are requesting street closures, in-kind support in the amount of $14,155, and authorization to sell and consume alcohol at the event. As public comment, the event organizers including, Kai King, Janelle Guerrero, Tekia McNeil and Pastor Jackie Green highlighted the many activities that the Juneteenth celebration will be offering this year, and they urged the Council to support such a culturally diverse and significant event. Dennis Bell questioned why the organizers will be selling alcohol, and he was unhappy the Colton Avenue street closure would last for four hours. Mayor Pro Tem Tejeda clarified the City was not approving a fee waiver but instead was considering an in-kind request to show support for this community event. He likened the City's role to that of an event co-sponsor.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved determined 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; authorized 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; authorized the expenditure of City resources and in-kind support in the amount of $14,155 related to this event; and authorized the sale and consumption of alcoholic beverages during the Stronger Together Now Juneteenth 2022 event to be held on June 19, 2022.
Vote: 5 - 0 Passed
MOR Grant Agreement
Assistant City Manager Boatman reviewed the grant agreement with Redlands Museum Historic Association for the provision of funds towards the construction of the Museum of Redlands.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, that the approval of the Grant Agreement with Redlands Historical Museum Association is exempt from California Environmental Quality Act guidelines pursuant to Section 15061; determined 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; approved the Grant Agreement with Redlands Historical Museum Association for the provision of funds towards the improvement to the Museum of Redlands.
Vote: 5 - 0 Passed
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Tate Water Treatment Plant
Municipal Utilities and Engineering Director Harris presented a Professional Services Agreement with Carollo Engineers, Inc. to engineer a replacement raw water influent pipeline for the Tate Water Treatment Plant in an amount not-to-exceed $835,549.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, 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 approved 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.
Vote: 5 - 0 Passed
Hinckley Water Treatment Plant
Municipal Utilities and Engineering Director Harris offered for Council consideration a Professional Services Agreement with Dudek to engineer the Hinckley Water Treatment Plant Sludge Press Project for an amount not-to-exceed $354,820.
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, 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 approved a Professional Service Agreement with Dudek to engineer the Hinckley Water Treatment Plant Sludge Press Project for an amount not-to-exceed $354,820.
Vote: 5 - 0 Passed
Enhanced Infrastructure Financing District Establishment
Development Services Director Desatnik provided background on the request by the University of Redlands to establish an Enhanced Infrastructure Financing District (EIFD), and their request for a Letter of Support for Grant Funding to establish the EIFD for their University Village Project. He introduced Kevin Dyerly, the University's Chief Financial Officer, who offered an update of the Project. It is in the conceptual design phase with the goal to submit for entitlements later this year and construction to start in 2024. Planned is a multiple phased, mixed-use district that will include residential, retail, office and hotel development. Currently, the land is vacant and not improved at all.
Joe Dieguez, Senior Vice President of Kosmont Companies, presented an evaluation and fiscal impact analysis summary of the development of the Village Master Plan, describing how it will bring added value to the University and to the community at large. The Plan will have significant local and regional fiscal and economic impacts, including fiscal revenues, housing production, job creation, and other major impacts. He added that CC_April 19, 2022
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revenues, housing production, job creation, and other major impacts. He added that successful project implementation will involve substantial investment into critical infrastructure and public improvements, such as roadways, transit connectivity, stormwater and other improvements. He provided an overview of potential public/private financing strategies, including Tax Increment Financing (TIF), a City-only special district strategy, and a broader partnership including the County of San Bernardino. He stated this Project was determined to be well-suited to capture value from new development to fund critical infrastructure. He added the broader partnership with an emphasis on the regional benefits, would further improve feasibility and long-term positive fiscal imparts for all parties. He explained that public agencies are authorizing TIF districts for the following reasons, return on investment, the ability to attract additional funds and the commitment of future revenues to catalyze economic development that would not occur as quickly but for the TIF commitment. The proposed next steps included the refinement of analysis assumptions, discussions with potential partner agencies, the pursuit of district formation and the pursuit of complementary funding sources, such as state grants.
On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mick Gallagher, the City Council unanimously supported, by roll call vote, the University of Redlands' request for the City to establish an Enhanced Infrastructure Financing District; directed 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; and authorized the City Manager to sign and submit a letter of support for grant funding to the University of Redlands.
Vote: 5 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Mayor Barich was honored to attend the Redlands Chamber of Commerce annual awards and installation dinner presenting the Man and Woman of the Year awards for 2020 and 2021, and he enjoyed the Town and Gown Awards of Distinction dinner event, as well.
Council Member Davis thanked Chief Catren for his engaging presentation during the most recent Youth Council event.
ADJOURNMENT
There being no further action required the meeting adjourned at 8:35 P.M. The next regular meeting of the City of Redlands City Council will be held on May 3, 2022.
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MINUTES
Special meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on April 20, 2022 at 5:00 P.M.
Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Dan McHugh, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; James Garland, Assistant Finance Director
Mayor Barich called the special meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comments on any subject within the jurisdiction of the City Council, which is not already on the agenda.
PUBLIC COMMENT
Hangar 24 Conditional Use Permit Violations - Mary Orban complained that Hangar 24 Brewery has been violating their Conditional Use Permit (CUP), and in particular, she raised concerns related to public safety. She described an overflowing parking lot and excessive street parking and worried these conditions would hamper emergency vehicles from accessing the site if necessary.
Concerns
- Dennis Bell said the presentation related to the Enhanced Infrastructure Financing District for the University Village Project on April 19, was confusing, and he was curious why there seemed to be a lack of economic development on the north side of town.
CITY COUNCIL PROJECTS REVIEW WORKSHOP
Study Session
City Manager Duggan provided a report of staff's progress relating to the four projects identified by the City Council during a special meeting held on October 18, 2021. Topic areas identified at that time included: Adding on street parking downtown; Racism as a Public Health Crisis; Exploring the creation of a mental health response team; and Exploring local union labor requirements for City Projects. He explained he was seeking additional direction and possible prioritization of further projects, in order to best utilize finite staff time on items the full City Council wishes to pursue.
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best utilize finite staff time on items the full City Council wishes to pursue.
Adding Street Parking Downtown - Council Members agreed this project remained a priority. Staff continues work, and Mr. Duggan estimated the project timeline was as follows: Consulting contract approval by Council in July; Surveys conducted with a draft study for staff's review in December and a Council presentation in January 2023.
Racism as a Public Health Crisis
- The City Manager reported that organizations that
are reporting significant progress in Diversity, Equity and Inclusion (DEI) have dedicated resources to this area. At this time, Redlands does not have a dedicated Office of Equity, but staff has focused efforts towards the advancement of DEI as provided in the City's 6-Year Strategic Plan and is exploring an additional method of communication through the Esri ArcGIS Hub (Hub). Council Member Davis was pleased with the progress made so far.
Creation of Mental Health Response Team
- Council Member Guzman-Lowery pointed
out this project was still very important to her, and she would like the research and data collection to continue, so the City can develop a mental health component to improve what we currently offer. Lengthy Council Member discussion centered on several subjects including, defining a mental health crisis, training requirements of officers, resource evaluation and examples of successful programs instituted in other agencies.
Utilizing Local Union Labor for City Projects
- City Manager Duggan stated that
staff is still attempting to gain a better understanding of this topic and researching the City of Palm Springs Community Workforce and Labor Peace Agreements. Mayor Pro Tem Tejeda made it clear he was not looking to micromanage staff, and he was comfortable deferring to the City Manager's judgement if an opportunity arose to combine items on the list when possible.
Other Projects Discussed
: Review of the City's sign code, Consideration of leasing the School District's pools to provide the public seasonal access, and "FRAN", free rides around the neighborhood program.
As public comment, Andy Hoder spoke in support of instituting a moratorium on the planting of palm trees, as listed in Attachment A. Lynette, a resident near Olive Avenue and Grant Street, encouraged the City to do their homework and fully research project impacts, including environmental impacts, and she warned of developers who are motivated by money. Evan Sanford, Chamber of Commerce Executive Director, stated the Chamber is in full support of the City moving forward with the downtown parking study project.
ADJOURNMENT
There being no further action required the special meeting adjourned at 6:30 P.M.
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City Council/Successor Agency Meeting I. 2.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for appointments to the Citrus Preservation Commission (Mayor Barich)
MOTION:
I move to reappoint Marc Shaw, Roger Hardy, and Jack Steward to serve four-year terms on the Citrus Preservation Commission ending April 16, 2026; and
1. I move to appoint Thomas Lanza to serve a four-year term on the Citrus Preservation Commission ending April 16, 2026.
2. RECOMMENDATION:
It is recommended by Mayor Barich that the City Council consider these appointments to the Citrus Preservation Commission.
DISCUSSION:
The Citrus Preservation Commission terms of Marc Shaw, Roger Hardy, Bill Oesterlein, and Jack Steward expired on April 16, 2022. Commissioners Shaw, Hardy, and Steward are seeking reappointment. There are no reappointment limits on the Citrus Preservation Commission. A public notice requesting interested residents to submit an application for the Citrus Preservation Commission was issued in March 2022. In addition, the public notice was concurrently aired on Redlands TV and posted at the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notice. The City received four applications from residents interested in serving on this commission. Four additional applications were included from recent postings.
The Citrus Preservation Commission consists of seven members as follows:
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The Citrus Preservation Commission consists of seven members as follows:
Rolland Moore
Heather Ross
Michael Day
Marc Shaw (term expired April 16)
Roger Hardy (term expired April 16)
Bill Oesterlein (term expired April 16)
Jack Steward (term expired April 16)
ALTERNATIVES:
The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.
SUBMITTED BY:
Jennifer Macias, Management Analyst
REVIEWED BY:
Charles M. Duggan Jr., City Manager
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Attachments
Citrus Preservation Commission Public Notice
Citrus Preservation Commission Applications
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City Council/Successor Agency Meeting I. 3.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for an appointment to the Cultural Arts Commission (Mayor Barich and Council Member Gallagher) MOTION:
I move to appoint Daniel Rodriguez to serve the remainder of a four-year term on the Cultural Arts Commission ending January 6, 2026.
RECOMMENDATION:
It is recommended by Mayor Barich and Council Member Gallagher that the City Council consider this appointment to the Cultural Arts Commission.
Pursuant to the Redlands Municipal Code, appointments to this commission are made by the Mayor and approved by the City Council. However, Mayor Barich has expressed his desire to rotate recommendations for commission/board appointments among the City Council Members; therefore, Council Member Gallagher has been delegated authority by Mayor Barich to make the recommendation for this appointment.
DISCUSSION:
One vacant seat exists on the Cultural Arts Commission due to the resignation of Commissioner Robert Walker. A public notice requesting interested residents to submit an application for the Cultural Arts Commission was issued in March. In addition, the public notices were concurrently aired on Redlands TV and posted on the community bulletin board at A. K. Smiley Public Library. The local newspapers also received distribution of the public notices. Two new applications were received from the recent postings, and eight were included from previous postings.
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The Cultural Arts Commission consists of seven members as follows:
Daniel Goham
Dennis Christensen
Kelly McGrail
Margo Mullen
Danielle Giudici Wallis
Jina Edwards
Vacant
ALTERNATIVE:
The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.
SUBMITTED BY:
Jennifer Macias, Management Analyst
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Cultural Arts Commission Public Notice
Cultural Arts Applications
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City Council/Successor Agency Meeting I. 4.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring May 2022, as Asian American Pacific Islander Heritage Month (Council Member Davis) MOTION:
I move to authorize the issuance of a proclamation declaring May 2022, as Asian American Pacific Islander Heritage Month.
Attachments
Asian American and Pacific Islander Month Proclamation
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City Council/Successor Agency Meeting I. 5.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring May 1st through May 7th, 2022 as Redlands Open World Week (Council Member Gallagher)
MOTION:
I move to authorize the issuance of a proclamation declaring May 1st through May 7th, 2022 as Redlands Open World Week.
Attachments
Redlands Open World Week Proclamation
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City Council/Successor Agency Meeting I. 6.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8336 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
MOTION:
I move to approve Resolution No. 8336.
DISCUSSION:
On April 19, the City Council adopted Resolution No. 8326 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days ending May 20, 2022. AB 361, signed into law on September 16, 2021, amends Government Code Section 54953 to provide the authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency and remain in compliance with the Brown Act.
In accordance with Government Code Section 54953 (e)(3), the City Council must review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency. With the adoption of Resolution No. 8336, the City Council is reaffirming its findings and compliance to AB 361 for an additional 30 days ending June 2, 2022.
SUBMITTED BY:
Council Member Denise Davis
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Attachments
Reso. 8336 Teleconference Meeting
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L:\ca\Reso\8336 Teleconference Meeting 5.3.22.docx
RESOLUTION NO. 8336
A RESOLUTION OF THE C ITY COUNC IL OF THE CITY OF REDLANDS
AUTHORIZING REM OTE TE LECONFERENCE M EETINGS BY THE CITY
COUNCIL AND ALL BOARDS, COMMISSIONS, AND COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 (2021) FOR A PERIOD
OF THIRTY DAYS
WHEREAS, C OVID-19 (also kno wn as the “Coronavirus Dis ease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including within the City of Redlands (“City”); and
WHEREAS, on Janu ary 31, 2020, t he Un ited States Secretary of Hea lth and Hu man Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a proclamation declaring a national emergency concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of Ca lifornia issued a proclamation of a state of emergency on March 4, 2020; and
WHEREAS, the City Council of the City adopted a p roclamation of a local emergency related to the COVID-19 virus on March 17, 2020; and
WHEREAS, the C ity is co mmitted to pre serving and fost ering pub lic ac cess, transparency, observation, and participation in m eetings of t he City Council and City bo ards, commissions, and committees (hereafter collectively referred to as “legislative bodies;”) and
WHEREAS, all meetings of the City Council and legislative bodies are open and publi c as required by the Ral ph M. Bro wn Act (“Brown Act”) (Government Code s ection 54950 et seq.), so that any member of the public may attend, observe, and participate in a meaningful way; and
WHEREAS, Government Code section 54953(b)(3) of the Bro wn Act allows a lo cal legislative body to ho ld pub lic m eetings by tel econference and to make pub lic m eetings accessible telephonically or o therwise e lectronically to all memb ers of the pub lic seeking to attend and to address the local legislative body, as long as the following requirements are met:
1. Each teleconference location from which a member is par ticipating is no ticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the memb ers of the lo cal body must participate from locations within the local body’s territorial jurisdiction; and
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L:\ca\Reso\8336 Teleconference Meeting 5.3.22.docx
WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code section 54953(e), allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS,
the initial required condition of Government Code section 54953(b)(3) is a declaration of a state of em ergency by the Gov ernor p ursuant to the Ca lifornia Em ergency Services Act at Gov ernment Code s ection 8625, pro claiming the existen ce of cond itions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s proclamation of a state of e mergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code section 54953(e)(3)(A-B), added by AB 361, provides an a lternative to h aving pu blic m eetings in accordance wi th Gov ernment Co de S ection 54953(b)(3) when the City Council has r econsidered the circumstances of the COV ID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s boards, commissions, and committees to meet safely in person; and
2. The State of California and the County of San Bernardino con tinue to recommend measures to promote social distancing; and
WHEREAS, Gov ernment Code S ection 54953(e) fu rther requ ires that state or lo cal officials have imposed, or reco mmended, measures to p romote social d istancing, or the legislative body finds that m eeting in person would present an imminent risk to the h ealth or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) state and local officials do recommend social distancing measures, and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths, such that m eeting in person would present imminent risk to health or safety of attendees; and
WHEREAS, the City Council affirms that it will allow for observation and participation by City Coun cil memb ers as well as bo ard, co mmission, and commi ttee members and the public, via Zoom, or other appropriate technology, in an effort to protect the cons titutional and statutory rights of all attendees; and
WHEREAS,
Government Code Section 54953 (e)(3) further requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency;
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L:\ca\Reso\8336 Teleconference Meeting 5.3.22.docx
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY RESOLVES AS FOLLOWS:
Section 1. The abo ve recitals are true and correct and are incorporated herein by th is reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID-19 as set forth in the Governor’s and City’s proclamations of emergency are on-going.
Section 3. The City Council fu rther finds th at State and coun ty officials recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of em ergency as proclaimed by the Gov ernor, and the City, and affirms, au thorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Co uncil finds that the state of em ergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s b oards, c ommissions, and co mmittees to m eet safely in per son and such fac t creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council, and all of the boards , commissions, and committees of the City, to conduct th eir meetings without compliance with Government Code s ection 54953 (b)(3), and to inst ead comply w ith the remote m eeting requirements as authorized by Government Code section 54953(e).
Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e), and other applicable provisions of the Brown Act, for a ll City Coun cil meetings, and all boards , commissions, and committee meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) June 2 , 2022 or (ii) such time as the City Council adopts a Subsequ ent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Gov ernment Code s ection 54953(b )(3), but otherwi se as p ermitted by Government Code section 54953(e).
ADOPTED, SIGNED AND APPROVED this 3rd day of May, 2022.
________________________
ATTEST: Paul T. Barich, Mayor
____________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 7.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve adoption 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:
I move to adopt Ordinance No. 2932.
RECOMMENDATION:
It is recommended the City Council consider adoption of Ordinance No. 2864, adopting a military equipment use policy as required by Government code.
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. The proposed ordinance and staff report prepared for the introduction of this ordinance are available in the City Clerk's office.
ALTERNATIVES:
The Council may continue this matter in order to allow additional time to review Ordinance No. 2932.
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STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Jeanne Donaldson, City Clerk
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:
Codification: $22/per page affected by the change
Legal Publication: $275
Attachments
Ordinance No. 2932 Military Equipment Policy
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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;
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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 O rdinance 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
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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
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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
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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
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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:
5th 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 high- risk 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
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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
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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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Redlands Police Department
Redlands PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/01/31, All Rights Reserved.
Published with permission by Redlands Police Department 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.
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
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Redlands Police Department
Redlands PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/01/31, All Rights Reserved.
Published with permission by Redlands Police Department 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).
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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City Council/Successor Agency Meeting I. 8.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Warning, Waiver and Release of Liability and Agreement to Participate between the City of Redlands and Redlands Jiu Jitsu to conduct training, presentations, and testing from May 3, 2022, to May 3, 2025 (Police Chief Catren)
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 the Warning, Waiver and Release of Liability and Agreement to Participate between the City of Redlands and Redlands Jiu Jitsu to conduct training, presentations, and testing from May 3, 2022, to May 3, 2025.
RECOMMENDATION:
Staff recommends that Council approve the Warning, Waiver and Release of Liability and Agreement to Participate between the City of Redlands and Redlands Jiu Jitsu to conduct training, presentations, and testing from May 3, 2022, to May 3, 2025.
DISCUSSION:
The Redlands Police Department (RPD) has implemented a grappling based defensive tactics program to provide its officers with the basic physical skills necessary to safely control combative suspects. The training is approved by the California Commission on Peace Officer Standards and Training and will allow RPD officers to make arrests in a manner that minimizes the danger to themselves and the public. This program requires a facility with wrestling mats to ensure the safety of personnel learning the techniques. Currently, RPD lacks adequate facilities and the proper equipment to carry out this type of training. At times, the department needs to be able to utilize facilities on short notice.
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Redlands Jiu Jitsu is a Brazilian Jiu Jitsu academy with sufficient mat space for the RPD’s needs. It is located at 310 W Alabama Street in Redlands. Don Kim, the owner, has offered to allow RPD officers to conduct this training at his facility free of charge. All events conducted by the RPD will have city employees present. All department personnel will be on duty during the training. Attached is a "Warning, Waiver and Release of Liability and Agreement to Participate" form that all department personnel will sign prior to training at the facility. This will allow Redlands Police Department members to use the facilities at Redlands Jiu Jitsu for the next three years without having to complete a separate agreement on each occasion.
ALTERNATIVES:
Attempt to locate another suitable location for instruction which may incur additional costs.
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
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Fiscal Impact
Fiscal Year: 2022-23
Appropriation Required Y/N: N
Discussion:
There is no fiscal impact associated with the facilities use agreement.
Attachments
Liability Waiver Redlands Jiu Jitsu 2022
Cert of Coverage-City of Redlands
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WARNING, WAIVER AND RELEASE OF LIABILITY AND AGREEMENT TO
PARTICIPATE
Redlands Jiu Jitsu
BRAZILIAN JIU JITSU AND JUDO ACADEMY
Telephone: 909.353.8132 Email: [email protected] Website: www.redlandsbjj.com This Warning, Waiver and Release of Liability and Agreement to Participate (hereinafter “Agreement”) is made between {name} (hereinafter “Participant”) andRedlands Jiu Jitsu and all associates including but not limited to any affiliated schools not listed, coaches, instructors (permanent, substitute, volunteer or visiting), applicable owners, personnel and officials (all hereinafter referred to as “The School”).
1) Participant acknowledges and fully understands that he/she will be engaging in a contact sport, namely Jiu Jitsu that carries the risk of serious injury including permanent disability and/or death. Participant fully acknowledges that his/her participation in Jiu Jitsu assumes all said risks and that Participant accepts responsibility for all damages legal and otherwise, in the possible event of personal injury, damages and/or death as well as other risks not reasonably forseeable at this time.
2) Participant, on behalf of himself/herself as well as Participant’s family, heirs, executors, administrators, and assigns hereby release, waive, and otherwise discharge and hold harmless The School of any and all injury and loss howsoever caused to any person and/or property including but not limited to claims, liability for damages, demands, losses (social and economic), personal injury or otherwise in the event of injury including permanent disability and/or death. 3) Participant agrees and hereby stipulates not
to sue or bring legal action in any form against
The School or Don Kim or any other owner(s) and/or instructors and/or personnel of The School in the event of injury and/or damages including but not limited to personnel injury and/or death, claims, liability for damages, demands, losses (social and economic) caused or alleged to be caused in whole or in part by the negligence of The School. 4) Participant also agrees to release, waive and otherwise discharge The School from any and all liability resulting from damage, personal and otherwise, as outlined above in connection with participation at The School or participation in activities sponsored or connected with The School including but not limited to travel to and from The School, tournaments, practice, clinic and any other venues of which The School is a vendor or participant. 5) Participant acknowledges that he/she has received a completely executed copy of this Agreement.
6) Participant confirms that there were no verbal presentations or terms other than those specified in this Agreement.
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7) Participant acknowledges and consents that he/she may be photographed and/or filmed while attending any classes, tournaments or seminars and he/she gives to The School and any affiliates to use any and all photos, video footage and/or video streaming for promotional sales, publicity, and advertising purposes for all media including the internet.
AS EVIDENCED BY HIS/HER SIGNATURE BELOW, PARTICIPANT HAS READ
THE ABOVE WARNING, WAIVER AND RELEASE OF LIABILITY AND
AGREEMENT TO PARTICIPATE AND FULLY UNDERSTANDS THAT HE/SHE
GIVES UP SUBSTANTIAL RIGHTS BY SIGNING SAID AGREEMENT AND KNOWING THIS, SIGNS THIS AGREEMENT VOLUNTARILY. PARTICIPANT
AGREES TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DOES SO ENTIRELY OF HIS/HER OWN FREE WILL. PARTICIPANT AFFIRMS THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR, IF UNDER 18
YEARS OF AGE, HAS OBTAINED THE REQUIRED CONSENT OF HIS/HER PARENT GUARDIAN AS EVIDENCED BY THEIR SIGNATURE BELOW.
Participant (Print) {name}
Participant
Signature Date {sign_date} Phone:{phone}
Member address: {address}
FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 YEARS OLD AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibilities for this participant, do consent and agree to his/her release, as provided above, of The School and applicable affiliates as defined above, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless The School from any and all liabilities incident to my minor child’s involvement or participation in these programs as defined above, even if arising from negligence alleged or otherwise on behalf of The School. I have instructed the minor participant as to the above warnings and conditions and their ramifications.
Participant (Print) {name} Parent Signature Date {sign_date}
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City Council/Successor Agency Meeting I. 9.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request by the Redlands Arts Festival, Inc. to hold the Redlands Festival of Arts event on May 28-29, 2022; authorize street closures related to the event; approve a request for in-kind support in the amount of $5,747.00; authorize the sale and consumption of alcoholic beverages at the event; and determine that the event is categorically exempt from environmental review pursuant to Section 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 staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine that approval of the Redlands Festival of Arts 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 approve the request by the Redlands Arts Festival, Inc. to hold the Redlands Festival of Arts event on May 28-29,
2022, authorize the sale and consumption of alcoholic beverages during the event and the expenditure of City resources and in-kind support in the amount of $5,747.00;
2. I move to authorize the closure of 4th Street and Eureka Street from 10:00 a.m. on May 28, 2022, through 5:00 p.m. on May 29, 2022.
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RECOMMENDATION:
Staff recommends 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 (CEQA) and further recommends that the City Council authorize the request to close streets, expenditure of in-kind support in the amount of $5,747.00, and the sale and consumption of alcoholic beverages during the Redlands Festival of Arts events to be held on May 28 and May 29, 2022.
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. However, the City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. Therefore, in an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of the expenditure of City resources related to a specific special event.
The Redlands Arts Festival Inc. (RAFA) has reserved Smiley Park from Friday, May 27, 2022, through Sunday, May 29, 2022, and is requesting to hold the Redlands Festival of Arts event on Saturday, May 28th and Sunday, May 29th.
RAFA is requesting permission to serve alcohol at the event that will end no later than 5:00 p.m. on each of the two event dates. They are also requesting approval to close 4th Street, from Vine Street to the Contemporary Club parking lot entrance and Eureka Street, from the Library to Olive Avenue from 10:00 a.m. Saturday through Sunday, May 28th and 29th.
RAFA is also requesting in-kind support in the amount of $5,747 for departmental resources including personnel and equipment from the Police and Facilities and Community Services departments. RAFA is a registered non-profit organization operating out of the City of Redlands. The City Council has waived fees for this event in the past as it serves as a public benefit to the community by promoting economic development and tourism within the community. RAFA 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.
The event is categorically exempt from the requirements of the California
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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. The request is consistent with this exemption as it includes the permitting of a temporary event within an existing public park.
ALTERNATIVES:
The City Council has the option of denying the request or waiving a portion of the fees.
STRATEGIC PLAN:
Supports Strategic Plan 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
Christopher R. Catren, Chief of Police
PREPARED BY:
Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2021-22
Amount: $5,747.00
Discussion:
In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event.
The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.
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Departmental Charges
(Personnel & Equipment)
2022 Amount Type 2019 Amount
Police Personnel1 $3,586.00 Hard Cost $3,586.00
Fire Personnel1 $316.00 Hard Cost $198.58
Facilities and Community
Services Personnel1
$1,050.00 Hard Cost $480.00
Personnel & Equipment
Subtotal
$4,952.00 $4,264.58
Fees Established by City
Council Resolution
Redlands Bowl Reservation $363.00 Soft Cost $523.00
Smiley Park Reservation $282.00 Soft Cost $267.00
Barricade Rental $150.00 Soft Cost $150.00
Fees Subtotal $795.00 $940.00
Total Departmental Charges
and Fees
$4,952.00
(hard)
$795.00(soft)
$5,747.00
(Total)
$5,204.58
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
$221,384.60 $5,381.50 $1,900.00 $228,666.10 $226,766.10 Attachments
A. In-Kind Support Request
B. Request to Close Street
C. Authorization to Serve Alcohol
D. Verification of Nonprofit
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REDLANDS FESTIVAL OF ARTS STREET CLOSURE REQUEST MAP
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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
Form 990-N (e-Postcard)
Organizations who have filed a 990-N (e-Postcard) annual electronic notice. Most small organizations that receive less than $50,000 fall into this category.
Tax Year 2021 Form 990-N (e-Postcard)
Tax Year 2020 Form 990-N (e-Postcard)
MENU HELP
Home Tax Exempt Organization Search Redlands Arts Festival Association Back to Search Results
Redlands Arts Festival Association
EIN: 46-2194386 | Redlands, CA, United States
Details about Redlands arts festival association https://apps.irs.gov/app/eos/detailsPage?ein=462194386&name=Redlan... 1 of 2 4/5/2022, 12:10 PM
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Tax Year 2019 Form 990-N (e-Postcard)
Tax Year 2018 Form 990-N (e-Postcard)
Tax Year 2017 Form 990-N (e-Postcard)
Tax Year 2016 Form 990-N (e-Postcard)
Tax Year 2015 Form 990-N (e-Postcard)
Tax Year 2014 Form 990-N (e-Postcard)
Tax Year 2013 Form 990-N (e-Postcard)
Page Last Reviewed or Updated: 20-November-2020 Share Print Details about Redlands arts festival association https://apps.irs.gov/app/eos/detailsPage?ein=462194386&name=Redlan... 2 of 2 4/5/2022, 12:10 PM
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City Council/Successor Agency Meeting I. 10.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Sports Field Use Agreement with Redlands Crush Baseball and determine that the agreement is 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 staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine that approval of the agreement with Redlands Crush Baseball is exempt from environmental review in accordance with California Environmental Quality Act Guidelines Section 15061(b)(3); and
1. I move to approve the Sports Field Use Agreement with Redlands Crush Baseball.
2. RECOMMENDATION:
The Parks and Recreation Commission recommended approval to enter into an agreement with Redlands Crush on February 10, 2022, for the use of city sports fields. In addition, staff recommends that the City Council approve the Sports Field Use Agreement with Redlands Crush Baseball for the purpose of conducting youth baseball programs in the City. Staff further recommends that the City Council determine that approval of the agreement is categorically exempt from environmental review in accordance with the California Environmental Quality Act Guidelines Section 15061(b)(3).
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DISCUSSION:
The Facilities and Community Services Department coordinates the use of city sports fields for various sports, recreational activities, and programs. The City has a total of 19 recreational sports fields located within 5 of the City’s parks.
These parks include Crafton Park, Redlands Sports Complex, Community Park, Brookside Park and Texonia Park. Recently, the City adopted a Sports Field Allocation Policy, pursuant to Resolution No. 8210, in June 2021 that became effective January 1, 2022. Under this new policy and fees, the Redlands Crush Baseball Organization (RCB) cost for field rentals increased 50% from previous years. RCB is a non-profit travel ball baseball team that has utilized city fields for the past three years under a field rental agreement.
On April 3, 2018, the City Council approved a field rental agreement with RCB for a three-year term, that expired this year (April 2022). The agreement included fees in the amount of $25.00 an hour for fields without lights and $35.00 an hour for fields with lights; in addition, RCB was allowed to provide in-kind services up to $3,000 a year. The new fees adopted under the new policy are a significant cost to RCB and as a result, RCB is requesting to enter into a new agreement to ease the organization transition for their 2021-22 season. RCB's request was considered by the City's Park and Recreation Commission, on February 10, 2022, that unanimously recommended approval to enter into an agreement for a one-year term to provide a phasing approach for the organization to continue use of the City's fields. The term of the new agreement will commence on its effective day and expire on December 30, 2022. The fees included in the attached agreement are $19.00 an hour for use of fields without lights and $26.00 an hour for use of field with lights. Upon the sunset date of the attached agreement, RCB will incur costs established by the City's new allocation policy beginning in 2023.
The following is a summary of the terms:
Use of the Premises
RCB shall have use of city fields for the term of the agreement; and The term shall be from its effective day and expire on December 30, 2022.
Fees
Fees in the amount of $19.00 an hour for use of fields without lights, and Fees in the amount of $26.00 an hour for use of fields with lights.
Furthermore, the approval of the agreement is exempt from the requirements of the California Environmental Quality Act’s (CEQA) guidelines pursuant to Section 15061(b)(3). Section 15061(b)(3) applies to those activities covered by the common sense exemption that CEQA only applies to projects which have
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the potential for causing a significant effect on the environment. The approval of the agreement would allow use of the existing sports field and will not result in expansion of those existing amenities and facilities.
ALTERNATIVES:
The City Council may elect to deny the agreement with Redlands Crush Baseball and provide staff with an alternate direction.
STRATEGIC PLAN:
Objective E-3.1 - Enhance Recreational Program Services: Seek local partnerships annually with community groups providing youth services to develop regional strategies to enhance youth services.
SUBMITTED BY:
Chis 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:
Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: FY 2021-22
Revenue Generating: Y
Amount: $10,000.00
Account No.: 101303
Discussion:
The agreement includes rent of $10,000 for the term of the agreement.
Attachments
Redlands Crush Field Use Agreement
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1 L:\ca\djm\Agreements\Redlands Crush-Field Rental Agreement.docx.jm
CITY OF REDLANDS
SPORTS FIELD USE AGREEMENT
This sports field u se Agreement ("Agreement") is made and entered into this 3rd day of May 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Redlands Crush Baseball Club (" RC"). City and RC are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
Article 1. Term
Section 1.01. The term of this Agreement shall commence on its Effective Date and terminate on December 31, 2022, unless te rminated earlier a Party by providing thirty (30) days prior written notice of such termination to the other Party.
Article 2. Permitted Use
Section 2.01 . RC may request field use, and City shall review and permit such use in accordance with the Policy. RC’s use of the Premises shall be in accordance with the terms of this agreement and the Policy, however, terms of agreement shall supersede that of the Policy when there is a conflict.
Article 3. Permit Fee
Section 3.01. The Permit Fee shall be twenty-six dollars ($26.00) an hour for fields with lights and nineteen dollars ($19.00) an hour for fields without lights. RC will be invoiced in accordance with City Council Resolution 8210 (“Sports Field Allocation Policy”) herein referred to as the “Policy”.
Article 4. Indemnity and Insurance
Section 4.01. RC shall defend, indemnify, and hold harmless City and its elected officials, officers, employees and agents from and against any and all claims, liabilities, losses, damages or causes of action resulting from RC's, and its agents', employees' and invitees' occupation and use of the Premises including, without limitation:
A. The death or injury of any person or persons, including any person who is an employee or agent of RC, damage to or destruction of any property, including property owned by RC or any person who is an employee or agent of RC, and caused or allegedly caused by either the condition of the Premises, or some act or omission of RC or of an agent, contractor, employee, invitee or concessionaire of RC;
B. RC's failure to perform any provision of this Agreement or to comply with any requirement of law or any requirement imposed on City or the Premises by any authorized governmental agency.
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2 L:\ca\djm\Agreements\Redlands Crush-Field Rental Agreement.docx.jm Section 4.02. RC shall not commit, or permit the commission of, any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for or cause the cancellation of any fire, liability or other insurance policy insuring the Premises or the improvements on the Premises.
A. RC shall, at its own cost and expense, procure and maintain during the term of this Agreement public liability insurance and property damage insurance issued by an insurance company acceptable to City and insuring City against loss or liability caused by or associated with RC's occupation and use of the Premises in amounts not less than: (i) One Million Dollars ($1,000,000) for injury to or death of one person and, subject to that limitation for the injury or death of one person, of not less than Two Million Dollars ($2,000,000) for injury to or death of two or more persons as a result of any one accident or incident; and (ii) Five Hundred Thousand Dollars ($500,000) for damage to or destruction of any property of RC or others.
B. RC shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability.
C.
All insurance coverage required by this section shall be issued by a responsible insurance company or companies authorized to do business in California, and shall name City as an additional insured and such insurance shall be primary and non-contributing to any other insurance or self-insurance maintained by City. Each of the insurance policies shall carry an endorsement that, before modifying coverage limits or canceling any policy, the issuing insurance company shall give City at least thirty (30) days prior written notice. Duplicate originals or certificates of all such insurance policies shall be delivered to City. RC shall, by June 30, 2022, deposit with City certificates of insurance, with endorsements, showing all insurance coverage to be in full force and effect.
Article 5. Restriction against Assignment
Section 5.01. RC shall not encumber, assign or otherwise transfer this Agreement, any right or interest in this Agreement, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises, without first obtaining the express written consent of City. The consent by City to any one assignment, subletting or occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting or occupation of the Premises by another person. Any encumbrance, assignment, transfer or subletting without the prior written consent of City, whether voluntary or involuntary, by operation of law or otherwise, is void and shall at the option of City, result in the immediate termination of this Agreement.
Article 6. Attorneys' Fees
Section 6.01. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party.
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3 L:\ca\djm\Agreements\Redlands Crush-Field Rental Agreement.docx.jm Article 7. Notices
Section 7.01. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement by the other Party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom they are directed, or in lieu of personal service, when deposited in the United States mail, first-class postage pre- paid, addressed to RC at 7455 Via Deldene, Highland California, 92346 or to City at PO Box 3005, Redlands, California, 92373. Either Party, may change its address for the purpose of this section by giving written notice of that change to the other Party in the manner provided in this section.
Article 8. Entire Agreement
Section 8 .01. This Agreement constitutes the entire agreement between City and RC respecting use of City’s sports fields, and any prior verbal or written agreements or representations respecting the same are superseded and null and void.
CITY OF REDLANDS (CITY) Redlands Crush
Baseball Club (RC)
_________________________________ __________________________________ Paul T. Barich, Mayor Clint Toth, Director
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 11.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8294 initiating proceedings to continue levying assessments, appointing an assessment engineer, and ordering the preparation of an Engineer's Report for Street Lighting District No. 1 and Landscape Maintenance District No.1 (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If the City Council determines the staff recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8294.
RECOMMENDATION:
Staff recommends City Council adopt Resolution No. 8294 initiating proceedings to continue levying assessments, appointing an assessment engineer, and ordering the preparation of an Engineer's Report for Street lighting District No. 1 and Landscape Maintenance District No.1.
DISCUSSION:
On July 7, 1987, City Council ordered the formation of Landscape Maintenance District No. 1 (LM District), which was established to ensure satisfactory levels of maintenance are provided. LM District assessments provide funding for labor, material, and equipment associated with landscape services provided by the City within the LM District. These services include turf and ground cover maintenance, irrigation, tree and bush trimming, and LM District management.
On September 19, 1989, City Council ordered the formation of Street Lighting District No. 1 (SL District), which was established to generate funding for electricity to power streetlights, labor, material, and equipment costs to replace burned out or damaged streetlight bulbs, damaged streetlight poles, and provide
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SL District management.
Proposition 218 (Prop 218) requires a public noticing and polling process prior to increasing assessments. No such process is required if assessments are not increased. Staff proposes to not increase assessments in the LM District or SL District.
Staff recommends City Council initiate proceedings to continue levying assessments at the existing rates, and reappoint Goutam Dobey, Municipal Utilities and Engineering Department Engineering Manager, as the Assessment Engineer for both districts. Mr. Dobey will prepare the Engineer’s Reports required to levy annual assessments in accordance with the California Streets and Highways Code. Approval of the Engineer’s Reports is necessary prior to requesting the San Bernardino County Assessor’s Office to levy the FY 22/23 assessments within the districts.
ALTERNATIVES:
City Council may deny the staff recommendation. However, these assessments can not be levied without adoption of the Resolution.
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
Chris Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, Engineering Manager
PREPARED BY:
Donald P. Young, One Stop Permit Center Manager
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Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: Yes
Appropriation Required Y/N: No
Discussion:
The assessment funds collected for the Districts offset maintenance costs incurred within the Districts.
Attachments
A. Resolution No. 8294 - Appoint Assessment Engineer
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1 L:\ca\Reso\8294 SLD and LMD Appoint Engineer.docx
RESOLUTION NO. 8294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
INSTITUTING PROCEEDINGS FOR THE CONTINUED LEVY OF
ASSESSMENTS, APPOINTING AN ASSESSMENT ENGINEER, AND
ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN THE MATTER OF STREET LIGHTING DISTRICT NO. 1 AND LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, the City Council of the City of Redlands (this “City Council”) has determined that the public interest, convenience and necessity requires the installation, operation and maintenance of a street lighting system and other facilities as set forth in Section 22525 of the California Streets and Highways Code; and
WHEREAS, it has been determined by this City Council that the public interest, convenience and necessity requires the maintenance of landscaping as set forth in Section 22525 of the California Streets and Highways Code; and
WHEREAS, this City Council has formed Redlands’ Street Lighting District No. 1 to pay the costs associated with the installation, operation and maintenance of such street lighting system and other facilities; and
WHEREAS, this City Council has formed Redlands’ Landscape Maintenance District No. 1 to pay the costs for the maintenance such landscaping; and
WHEREAS, it is the desire of this City Council to initiate proceedings and order the preparation of an engineer’s report to levy assessments for fiscal year 2022-2023 upon properties located within Street Lighting District No. 1 and Landscape Maintenance District No. 1; and
WHEREAS, this City Council further desires to appoint Redlands’ Engineering Manager, Goutam Dobey, RCE No. 75646, as the "Assessment Engineer" for Street Lighting District No. 1 and Landscape Maintenance District No. 1;
NOW, THEREFORE, the City Council of the City of Redlands does hereby find, determine and resolve as follows:
Section 1. That the public interest, convenience and necessity requires the continued levy of assessments within Street Lighting District No. 1 for the purpose of installing, operating and maintaining street ligh ts and associated facilities as authorized by Section 22620 of the California Streets and Highways Code and in compliance with Article XIIID, and Section 19 of Article XVI, of the California Constitution.
Section 2. That the public interest, convenience and necessity requires the continued levy of assessments within Landscape Maintenance District No. 1 for the purpose of maintaining landscaping and improvements as authorized by Section 22620 of the California Streets and
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2 Highways Code and in compliance with the requirements of Article XIIID and Section 19 of Article XVI of the California Constitution.
Section 3. That the properties to be assessed for the installation, operation and maintenance of the street lighting facilities shall be those properties located within the boundaries of Street Lighting District No. 1.
Section 4. That the properties to be assessed for the maintenance and operation of the landscaping and improvements shall be those properties located within the boundaries of Landscape Maintenance District No. 1.
Section 5. That the proceedings for the continued levy of assessments within S treet Lighting District No. 1 and Landscape Maintenance District No. 1 shall be conducted in accordance the with provisions of Division 15 of the California Streets and Highways Code ( the Landscaping and Lighting Act of 1972) and in compliance with the requirements of Article XIIID, and Section 19 of Article XVI, of the California Constitution.
Section 6. That Redlands’ Engineering Manager, Goutam Dobey, RCE No. 75646, having an office located at 35 Cajon Street, Suite 15A, Redlands, California, is hereby appointed “Assessment Engineer” and shall have the authority conferred upon the Assessment Engineer by the Landscaping and Lighting Act of 1972.
Section 7. That the Assessment Engineer is hereby ordered to prepare a report in accordance with the Landscaping and Lighting Act of 1972.
ADOPTED, SIGNED AND APPROVED this 3rd day of May, 2022.
______________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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3 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 3rd day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
_______________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 12.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Fiscal Year 21/22 Purchase Order modification in the amount of $18,000 with Cintas for uniform, laundry, and janitorial services (Municipal Utilities and Engineering Director Harris) MOTION(S):
If the City Council determines that the staff recommendation is appropriate, the following motions are provided:
I move City Council approval of a Fiscal Year 21/22 Purchase Order modification with Cintas in the amount of $18,000 for uniform, laundry, and janitorial services.
1. RECOMMENDATION:
Staff recommends City Council approve of a Fiscal Year 21/22 Purchase Order modification in the amount of $18,000 with Cintas for uniform, laundry, and janitorial services.
DISCUSSION:
In June 2021, City Council approved the Fiscal Year 21/22 annual purchase order (PO) for Municipal Utilities and Engineering Department (MUED) uniform, laundry, and janitorial services with Cintas in an amount not to exceed $47,000.
These services are necessary to protect the health of MUED Water Division and Wastewater Division field employees. In July 2021, MUED revised sanitation protocols to prevent the spread of COVID-19. This included more frequent laundering of employee uniforms, which increased the department expenses.
Staff requests a Purchase Order modification with Cintas in the amount of $18,000 to offset this additional expense. City Council approval is necessary since this will increase the annual Cintas Purchase Order to $65,000. An
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additional funding appropriation is not necessary, since adequate funding remains in the Water Service Special Departmental Supplies budget (501900-7810). Staff recommends transferring $18,000 from this budget into the Water Service Clothing and Linen Rental budget (501900-6905) to offset this additional expense.
ALTERNATIVES:
City Council may deny the staff recommendation, although this would eliminate uniform, laundry, and janitorial services for MUED field staff for the remainder of Fiscal Year 21/22.
STRATEGIC PLAN:
NA
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
Dana Abramovitz-Daniel, Procurement Manager
Kevin Watson, Utilities Operations Manager
PREPARED BY:
Ashley Rosario, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $18,000
Budgeted Y/N: Y
Account No.: 501900
Discussion:
There is no fiscal impact since adequate funding remains within the FY 21/22 Water Service budget (501900).
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Attachments
Cintas Purchase Order
Cintas PO Modification Request
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE
PURCHASE ORDER
1510
CINTAS CORPORATION
2150 SOUTH PROFORMA AVENUE
ONTARIO, CA 91761-8518
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
EMAIL: [email protected]
*Emailing invoice and referencing PO No.
is required and will expedite payment*
.
FINBIL
22210169
MUNICIPAL UTIL & ENGINEERING
06/23/2021
THIS PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, PACKAGES, AND SHIPPING PAPERS.
07/01/2021
MUED
35 Cajon St
Suite 15A
Redlands, CA 92373
MUED
909-677-8818 12210082 AS NEEDED1510 Leann Moore
UNIFORM, LAUNDRY, AND JANITORIAL SERVICES
CLOTHING RENTAL
501900-6905
521900-6905.
.
NOT TO EXCEED DOLLAR AMOUNT PER YEAR. THIS PO WILL BE CLOSED WHEN THE TOTAL AMOUNT IS EXHAUSTED. .
PURCHASE ORDER AS PER OMNIA PARTNERS CONTRACT #R-BB-19002 DATED DECEMBER 13, 2018 AND PER PRICE SHEETS. .
SERVICE MANAGER:
ADAM WATKINS
CELL: 909-677-8818
OFFICE: 909-458-0161.
.
FIELD REPRESENTATIVE:
FLORENTINO (TINO) GALVEZ
CELL: 951-295-4894
EMAIL: [email protected].
.
PURCHASE ORDER TERM:
JULY 1, 2021 - JUNE 30, 2022.
1.0000 EA $25,000.0000 $25,000.00PROVIDE UNIFORM, LAUNDRY, AND JANITORIAL SERVICES ON A NEED-BY-NEED
BASIS FOR THE CITY OF REDLANDS MUNICIPAL UTILITIES ENGINEERING DEPARTMENT, WATER DIVISION.
1 1.0000 EA $22,000.0000 $22,000.00PROVIDE UNIFORM, LAUNDRY, AND JANITORIAL SERVICES ON A NEED-BY-NEED
BASIS FOR THE CITY OF REDLANDS MUNICIPLE UTILITIES ENGINEERING DEPARTMENT, WASTE WATER DIVISION.
2 PROCUREMENT MANAGER Purchase Order Total
Total Ext. Price $47,000.00
$47,000.00
PURCHASING DIVISION - 1270 W. PARK AVE. REDLANDS, CA 92373 - Email: [email protected]
PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS
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CITY OF REDLANDS
PURCHASE ORDER TERMS AND CONDITIONS
unless otherwise specified in an executed agreement, the following shall apply
1. INVOICES: Each purchase order is to be invoiced separately and all invoices shall be submitted to the billing address as shown on the front of the Purchase Order. All invoices, shipping documents, correspondence, and-related papers must have the purchase order number and consignee shown clearly in their face.
2. PACKAGING AND DRAYAGE: Unless so specified on the Purchase Order and evidenced by a copy of the freight bill attached to the invoice, there shall be no charge to the City for either packaging and/or drayage
3. INSPECTION: All materials and workmanship provided under the terms of the Purchase Order are subject to inspection and test by the City to ensure compliance with the requirements and specifications contained therein. In the event that the goods or services delivered are defective, or are not in conformity with the Purchase Order, the City shall have the right to either reject said goods or services, or require that they be corrected or otherwise brought into conformity with the terms set forth in the Purchase Order.
4. RESPONSIBILITIES: Unless otherwise specified in the Purchase Order, the supplier/contractor shall be responsible for all items covered in said Purchase Order until delivered at the designated delivery point and thereafter accepted by the City. Supplier/contractor shall bear all risks as the goods and services provided until they are finally accepted by the City. Upon the City’s notice to supplier/contractor of its rejection of the goods or services provided or the need for the correction thereof. All such defective goods or services shall be removed from City premises, and any and all expenses incurred in the removal and/or correction of such defective goods or services shall be borne entirely by the supplier/contractor.
5. ACCEPTANCE: The City’s final acceptance of the goods or services provided under the Purchase Order shall be conclusive except in those instances where a latent defect or fraud is subsequently discovered, or when a supplier/contractor has committed such gross mistakes that they are tantamount to a fraud. The City’s failure to inspect and either accept or reject the goods or services delivered shall not relieve the supplier/contractor for the responsibility for strict compliance with the terms and specifications of the Purchase Order.
6. CHANGES: This Purchase Order may, at any time, be changed with regard to the materials or services to be furnished, the quantity ordered, the unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid order. However, in order to be effective, any such change or amendment causes an increase or decrease in the cost of performance hereunder, an equitable adjustment shall be made to reflect the increase or the decrease in the cost thereof. Any such adjustment shall be subject to the written approval of the Purchasing Agent. No variation in the quality, quantity, or coat of any item called for by this Purchase Order Shall be acceptable by the City except in pursuance of a written Change Order approved by the Purchasing Agent.
7. TERMINATION: This Purchase Order may be terminated, in whole or in part, at any time, by written notice to the supplier/contractor. Such termination shall be effective with respect to the quantity, manner, and time specified in such notice. The City shall be liable at the stipulated price only for such materials and/or services as have been delivered and/or rendered and accepted as of the effective date of said written notice. The City shall not be liable for any excess cost arising out of such termination, and failure of the supplier/contractor to cease delivery and/or work upon receipt of such termination notice shall not occasion a claim for extra costs.
8. TIME IS OF THE ESSENCE: In the event that the supplier/contractor fails to perform this Purchase Order within the time specified, the Purchasing Agent may, by written notice, order the supplier/contractor to cease further deliveries and may hold the supplier/contractor liable for any damages caused to the City by reason of such delay. If no time is specified, it is expected that the supplier/contractor shall begin performance within a reasonable time after placement of the order. The City may extend periods of performance if the facts as to the cause of the delay, in sole opinion of the Purchasing Agent, justify such an extension.
9. LIABILTIY: The supplier/contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, and agents from all claims, losses, damages, costs, expenses and suits, in law or in equity, because of personal injury, property damage, or alleged or actual patent infringements, based on the performance of this Purchase Order or asserted against it. Further, supplier/contractor warrants that the City shall not be responsible for any damages that may be claimed by reason or death injury of the person of the supplier/contractor’s officer, agents, employees, invitees or licensees or for damage to any property of the supplier/contractor or any other damage that may arise or result at anytime because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed by proximately or otherwise by reason of, or in course of, carrying out this Purchase Order.
10. DISPUTES: All disputes concerning questions of fact which may arise under this Purchase Order under this Purchase Order, and not disposed of by mutual agreement and/or consent, shall be decided by the sole discretion of the Purchasing Agent. All disputes concerning questions of law, which may arise under this Purchase Order, shall be decided under applicable laws of the State of California.
11. PAYMENTS: Payments shall be made upon submission of an itemized invoice, presented in duplicate of the prices stipulated in the Purchase Order and within 30 days of becoming due for supplies delivered and accepted or services rendered and accepted, less deductions if any. When requested by the supplier/contractor, payment on partial deliveries may be made whenever, in the sole discretion of the Purchasing Agent, the surrounding circumstances warrant such partial payment. In the event and, if for any reason, an overpayment is made; the City requires prompt refund of said overpayment by way of supplier/contactor’s properly referenced check.
12. LICENSOR: All supplier/contractors who perform work within the City, must have on file at the Redlands City Revenue Office, a current and valid city business license.
13. CONFORMITY WITH SAFETY ORDERS: The goods and/or services covered by this Purchase Order or contract must conform to the safety order of OSHA, CAL-OSHA, and/or NIOSHA and any and all applicable material safety data sheets (MSDS).
14. PREVAILING WAGES: When applicable, the City is subject to the State of California prevailing wage laws as set forth in California Labor Code Section 1770 et seq. The contractor is responsible for determining the appropriate Department of Industrial Relations (DIR) classification for the various employees and subcontractors used for a particular project or service. The rates for each classification are posted on the DIR website at http://www.dir.ca.gov/DIRdatabases.html. All contractors performing work for the City are responsible for abiding by all applicable prevailing wage laws, and must furnish the City with Certified Payroll Records upon request.
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City Council/Successor Agency Meeting I. 13.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Receive and File the Summary of Local Water Company Annual Meetings (Municipal Utilities and Engineering Director Harris) MOTION(S):
If the City Council determines that the staff recommendation is appropriate, the following motion is provided:
I move that City Council receive and file the summary of Local Water Company Annual Meetings.
RECOMMENDATION:
Staff recommends City Council receive and file the summary of Local Water Company Annual Meetings.
DISCUSSION:
The City owns shares of several local private water companies to diversify its water supply portfolio. These companies produce surface water from the Santa Ana River and Mill Creek, and groundwater from wells within the Yucaipa Basin and Bunker Hill Basin. Generally, the Hinckley Water Treatment Plant receives and treats Santa Ana River water, the Tate Water Treatment Plant receives and treats Mill Creek water, and groundwater is applied directly as outdoor landscape irrigation. These water companies host general membership meetings annually to establish share assessments and water delivery rates, elect Directors, present financial statements, and conduct other company business.
On April 3, 2012, the City Council adopted Resolution 7142 (attached), which authorizes City staff to vote City-owned shares of water company stock, and requires staff to summarize voting topics and results for each water company Annual Meeting. MUED staff attended and voted City-owned shares at the following Annual Meetings:
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South Mountain Water Company January 26, 2022
Lugonia Park Water Company March 7, 2022
Redlands Heights Water Company March 15, 2022
Redlands Water Company March 14, 2022 Crafton Water Company March 8, 2022 West Redlands Water Company March 8, 2022
Bear Valley Mutual Water Company February 15, 2022
Lugonia Water Company March 25, 2022 Most of these water companies have not conducted Annual Meetings for the previous two (2) years due to COVID-19 related limitations. Therefore, no substantive topics were discussed. Three (3) companies (West Redlands Water Company, Redlands Heights Water Company, South Mountain Water Company) increased share assessments for 2022. All water companies maintained their 2021 water delivery rates for 2022. A summary of 2021 and 2022 water company share assessments and water delivery rates is attached.
ALTERNATIVES:
N/A
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
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Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:
There is no fiscal impact associated with this summary report.
Attachments
2022 BVMWC Annual Meeting Financials
2022 CWC Annual Meeting Financials
2022 LPWC Annual Meeting Financials
2022 LWC Annual Meeting Financials
2022 RHWC Annual Meeting Financials
2022 RWC Annual Meeting Financials
2022 SMWC Annual Meeting Financials
2022 WRWC Annual Meeting Financials
Resolution 7142
Water Company Summary Sheet
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RESOLUTION NO. 7142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS AUTHORIZING CITY STAFF TO VOTE CITY- OWNED
SHARES OF WATER COMPANY STOCK
WHEREAS, the City of Redlands owns sharesof various water company stock that allow the City to receive water at its Horace Hinckley and Henry Tate surface water treatments plants; and
WHEREAS, every year, eachof the water companiesfor which the City owns shareshasan annual shareholderand board meeting; and
WHEREAS, at these meeting, topics are discussed and voted upon that may impact operations and managementof eachwater company and the City; and WHEREAS, for decades, City staff hasvotedsuchshareson behalfof the City at the water company annual shareholder and board meetings; and WHEREAS,ofteninformationonthetopicsto bevotedon is not availableto City staff prior to such shareholder or board meetings;
WHEREAS, it is the desire of the City Council of the City of Redlandsto formally authorizeCity staffto vote on behalfof the City at watercompanyshareholder and boardmeetings, and bring to the City Council, when practicable, water company topics proposed for discussion and direction at such meetings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:
Section 1. The City Council of the City of Redlands authorizes City staff to vote on behalf of the City at watercompanyshareholderandboardmeetings, bring to City Council when practicable water company topics proposed for discussion and direction at such meetings, and provide a report on the actions that are voted on.
ADOPTED, SIGNED AND APPROVED THIS 3rd DAY OF APRIL, 2012. iA
PeteAguilar, Mayor
ATTEST:
n in, Clerkerk- - c,.4Sam 1krwin
lAcelerk\ Reso1utionsXRes7100-7199\7142 Voting Mutual Water Companies.doc
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I, SamIrwin, City Clerkof theCity of Redlands, herebycertifythattheforegoing resolutionwasdulyadoptedbytheCityCouncilata regularmeetingthereofheldonthe P dayof April,2012bythefollowingvote:
AYES: Councilmembers Harrison, Bean, Foster, Gardner; Mayor Aguilar NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City
ClerkZ
lAcclerk\ResolutionsxRcs7100-7199\7142Voting Mutual WaterCompanies.doe 2
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President William Cunningham
Vice President Meryl McDowell
Director Keene Matsunaga
Director Shawn Couture
President Larry Burgess
Vice President Mark Buoye
Director Dave Knight
Director Laura Ramirez
Director Teresa Buoye
President David Knight
Vice President Larry Jacinto
Director Peter Buoye
Director Bob Stewart
Director Larry Burgess
Director Laura Ramirez
Director Carleton Lockwood
Director Montgomery Dill
Director Alred Rivers
Director Ron Arnott
President Steve Wellington
Vice President Dave Knight
Director Terrance Klanske
Director Tom Kaney
Director Teresa Buoye
President John Nolan
Vice President Montgomery Dill
Director Larry Jacinto
Director Dora Waters
Director Terence Allen
Director Mark Buoye
President David Knight
Vice President Peter Buoye
Director Ron Arnott
Director Patrick Casey
Director Laura Ramirez
Director Larry Burgess
Director
President Roger Cellini
Vice President Rick Quinbar
Director Jason Doyle
Director
Director
Director
Director
President Rolland Moore
Vice President Barbara Riordan
Director Dustin Bingaman
Director Sharen Jeffries
Director Kristen Pierce
President Patrick Casey
Vice President Theron Vines
Director Bonnie Casey
Director Jesus Roque
Director Geneil Vines
Director
Director
President Steve Wellington
Vice President Dave Knight
Director Terrance Klanske
Director Tom Kaney
Director Teresa Buoye
Director
Director
85.00$ 85.00$
911988South Mountain Water Company
8.00$ 837.53700Lugonia Water Company
48.5196Lugonia Park Water Company 123.82$
N/AN/A30.00$ 30.00$ 48
40.00$ 30.00$
8.00$
0.270.27123.82$
2.4 3.8
2.4 BOARD OF DIRECTORS
West Redlands Water Company
2022 DELIVERY
RATE (MID)/share
2021 DELIVERY RATE
(MID)/share
2022 ASSESSMENT
($/Share)
2021 ASSESSMENT
($/Share)
REDLANDS
SHARES
TOTAL COMPANY
SHARESCOMPANY
805.5 464.5 6.56.5165.00$ 160.00$
N/AN/ATBD300.00$
0.270.274.75$
4.75$
77 66165.00$ 165.00$
7 12UNKNOWNHappe Mutual Well Company
90952250341
Redlands Heights Water Company 982.51289
3.8 SUMMER vs. WINTER
Raught Mutual Well Company UNKNOWN
Redlands Water Company 1234.81488
Bear Valley Mutual Water Company
Crafton Water Company 408.753716.75
7205.00$ 195.00$
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City Council/Successor Agency Meeting I. 14.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Letter of Intent to Initiate the Planning Process to Consolidate the Brookside Mobile Home Park Water System with the City of Redlands Water System (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If the City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that the City Council authorize the City Manager or his designee to submit a Letter of Intent to initiate the planning process to consolidate the Brookside Mobile Home Park water system with the City of Redlands water system.
RECOMMENDATION:
Staff recommends that City Council authorize the City Manager or his designee to submit a Letter of Intent to initiate the planning process to consolidate the Brookside Mobile Home Park water system with the City of Redlands water system.
DISCUSSION:
The State Water Resources Control Board Division of Drinking Water (SWRCB-DDW) manages a program through its Safe and Affordable Drinking Water Section to incentivize small, private water systems to consolidate with larger, public water systems. The program pays all costs for planning, environmental review and mitigation, permitting, and construction. Additionally, the SWRCB-DDW compensates the receiving water system for each water service connection associated with the consolidation plan, and the receiving water system is eligible for interest-free loans to fund infrastructure improvements anywhere within its water system. The SWRCB-DDW recently
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hosted a public education event to promote this program, and the Brookside Mobile Home Park (Brookside MHP) expressed interest in participating.
Brookside MHP is a nineteen (19) unit residential facility with approximately sixty-five (65) residents located at 2820 Mill Creek Road, approximately one-half mile west of the Tate Water Treatment Plant. Residents receive drinking water from a private groundwater well that is owned and maintained by Brookside MHP in accordance with San Bernardino County Public Health standards. The system is costly to maintain considering the relatively low Brookside MHP water demand.
The Letter of Intent is non-binding, and City Council will have an opportunity to review and approve a formal water system consolidation agreement before the parties agree to move forward with the construction phase. The Letter of Intent simply initiates the planning process that will identify supplemental water resources, necessary infrastructure improvements, environmental impacts and mitigation measures, permitting requirements, construction cost estimates, and other items related to the water consolidation project. The goal of the planning process is to provide the data and information necessary for each party to decide if consolidating water systems is in their best interest.
ALTERNATIVES:
City Council may deny the staff recommendation.
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
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Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:
There is no fiscal impact associated with issuing this Letter of Intent.
Attachments
DDW Program Notification
Letter of Intent
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City of
REDLANDS
Incorporated 1888
Municipal Utilities & Engineering Department
35 Cajon Street, Suite 15A
Redlands, CA 92373
909-798-7698
May 3, 2022
State Water Resources Control Board, Division of Drinking Water Attn: Hector Cazares, Water Resource Control Engineer
464 W. 4
th Street, Rm 437
San Bernardino, CA 92401
Subject: Letter of Intent for Water System Consolidation Betwee n City of Redlands and Brookside Mobile Home Park
Mr. Cazares:
On March 21, 2022, you contacted the City of Redlands about a water system consolidation project. You shared that the Brookside MHP (2820 Mill Creek Road, Mentone, CA) is comprised of nineteen (19) service connections serving approximately sixty‐five (65) individuals, and is interested in consolidating its water system with the City of Redlands water system. The City of Redlands does have a potential water distribution system connection point near the Brookside MHP and appears to be able to serve this water system.
The Redlands City Council considered this water system consolidation request on May 17, 2022, and is generally supportive of the concept. The City Council understands that a comprehensive planning process will be conducted at no cost to the City or its water utility customers. This planning process will identify supplemental water resources, necessary infrastructure improvements, environmental impacts, permitting requirements, construction cost estimates, and other items related to the water consolidation project. The City Council also understands the intent of the planning process is to ensure the project will not negatively impact its water utility customers when implemented.
This letter confirms the City of Redlands’ intent to pursue the project to provide drinking water to the Brookside MHP through water system consolidation. The City understands this Letter of Intent is non‐ binding, and that a formal water system consolidation agreement will be developed when the planning process is complete, and all parties agree to move forward with the construction phase.
Sincerely,
John R Harris, Municipal Utilities & Engineering Director City of Redlands
[email protected]
(909) 798‐7658
JOHN R. HARRIS
Director
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City Council/Successor Agency Meeting J. 1.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Presentation by Accelerate Neighborhood Climate Action on the work the organization is doing within the City of Redlands in relation to the effects of climate change (Mayor Pro Tem Tejeda) DISCUSSION:
For this evening's City Council meeting, Dr. Valerie Rountree, of Accelerate Neighborhood Climate Action, will be presenting on the work the organization is doing within the City of Redlands in relation to the effects of climate change.
Attachments
ANCA Carbon Footprint Presentation
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Reducing Our Carbon
Footprint
Valerie Rountree, PhD
Assistant Professor of Environmental Studies
The University of Redlands
[email protected]
Redlands City Council Meeting
May 3, 2022
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13%
10 %
23 %
25 %
29%
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Thank you!
Valerie Rountree, PhD
Assistant Professor of Environmental Studies
The University of Redlands
[email protected]
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City Council/Successor Agency Meeting J. 2.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Traffic and Parking Commission Annual Report to the City Council (Municipal Utilities and Engineering Director Harris)
MOTION:
If the City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that the City Council receive and file the Traffic and Parking Commission Annual Report.
RECOMMENDATION:
Staff recommends City Council receive and file the Traffic and Parking Commission Annual Report.
DISCUSSION:
Chapter 2.48 of the Redlands Municipal Code establishes Traffic and Parking Commission (TPC) appointment protocols, objectives, goals, and reporting requirements. Each year, the TPC Chairperson presents an Annual Report to the City Council summarizing accomplishments of the previous year, and outlining goals for the next year. Tonight, Commissioner Eric Shamp will present the Annual Report.
SUBMITTED BY:
Johana Silva, Municipal Utilities and Engineering Department Assistant Engineer
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City Council/Successor Agency Meeting K. 1.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a multi-year contract with San Bernardino County Fire Protection District for household hazardous waste collection management in an amount not to exceed $717,933.79 over a five-year period (Fire Chief Sessler)
MOTION(S):
I move to approve a multi-year contract with the San Bernardino County Fire Protection District for Household Hazardous Waste Collection Management in an amount not to exceed $717,933.79 over a five-year period.
RECOMMENDATION:
Staff recommends that the City of Redlands renew the contract with the San Bernardino County Fire Protection District for Household Hazardous Waste Collection Management.
DISCUSSION:
In July 2017, the City Council approved a multi-year contract with the San Bernardino County Fire Protection District (SBCFPD) to operate a comprehensive Household Hazardous Waste Program from the City Yard located at 1270 W. Park Avenue. The program assists in the safe collection, recycling, treatment, and disposal of household hazardous and electronic waste materials generated within San Bernardino County, thereby decreasing the chance of dangerous waste illegally being sent to the landfill, be illegally dumped, or possibly be kept at the resident’s home, posing additional hazards to the community and/or emergency services personnel.
To better serve the public and avoid shutting down the operation of the Household Hazardous Waste site each time Fire crews were called to an emergency, staff took an amendment to the agreement with the San Bernardino County Fire District to City Council on March 3, 2020. Under the amended
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agreement, operation hours of the HHW site were expanded and the staffing and operation of the HHW site was transferred to the San Bernardino County Fire District. The multi-year agreement term is set to end on June 30, 2022.
Staff is seeking approval to enter into a new five-year agreement with the San Bernardino County Fire District for Household Hazardous Waste Collection and Management.
The total cost of the proposed 2022-2027 Agreement has an increase of approximately 30%. Per the San Bernardino County Fire Protection District (SBCFPD), the increase is due to the increase of cost of supplies, disposal, staffing and amount of waste received in the last 5 years. The cost of supplies continues to increase, and availability has become an issue due to COVID-19 as well as inflation. The new agreement also takes into consideration the increase for the staffing of the site with three part-time County employees. In 2020, the contract was provided with the minimum wage rate at $13.37/hr. The minimum wage has increased to $15/hr.
Additionally, the current CPI rate as of February 2022 is 7.4, however, the SBCFPD understands increasing the contract by that much is not feasible. They are proposing a gradual increase of 0.25% each year over the five-year agreement. This will allow the HHW program and site to remain operational and provide the necessary services that the San Bernardino community needs, as well as continuing the strong relationship between City and County, by participating in the City of Redlands Oil Filter Events that provide outreach to the community.
ALTERNATIVES:
Do not renew the Household Hazardous Waste Management Agreement.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Daniel J. McHugh, City Attorney
Danielle Garcia, Management Services/Finance Director
Chris Boatman, Assistant City Manager
PREPARED BY:
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Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2022-2027
Revenue Generating: N
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Discussion:
The Household Hazardous Waste program is partially funded by a $0.35 cent per month, per residential unit fee which is collected through the City's billing for municipal services, including water, trash & sewer. This fee has been budgeted for and will cover the majority of the contract amount. The total cost of the five-year agreement shall not exceed the amount of $717,933.79. The annual cost will be budgeted in the Household Hazardous Waste Fund (206) budget. The total cost per fiscal year is as follows:
Fiscal year Annual amount
2022/2023 $133,870.23
2023/2024 $138.221.01
2024/2025 $143,058.74
2025/2026 $148,423.44
2026/2027 $154,360.37
Attachments
HHW 5-Year Agreement
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Standard Contract Page 1 of 7
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
San Bernardino County Fire
Protection District
Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401
Contractor City of Redlands
Contractor Representative Bruni Reyes
Telephone Number (909) 798-7600
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $717,933.79
Amendment Amount
Total Contract Amount $717,933.79
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Redlands, hereinafter referred to as the “City.”
RECITALS:
WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are ge nerated by households in the city or county and which should be separated from the solid waste stream; and,
WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,
Contract Number
SAP Number
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WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.
NOW, THEREFORE, in consideration of mutual covenants and conditions the parties here to agree as follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The City agrees to allow the operation of a Household Hazardous Waste Collection Facility (hereinafter referred to as “Facility”) for the District and City at the Redlands City Yard, 500 Kansas Street, Redlands, California. The District shall staff the Facility when it is in operation. The City approves the Facility’s storage area(s) of ignitable and/or reactive waste designated by the District. The C ity approves the Facility’s traffic control which is directed by authorized staff.
2. The City shall be responsible for maintenance of the Facility property, the safety of persons and materials on the Facility property and keeping the Facility secure. It shall not be necessary for the City to require a person to be present at all times on the site of the Facility where the waste will be stored.
3. The City shall notify and obtain approval from the District prior to making any changes in the maintenance and/or operations of the Facility. The City shall notify the District of any changes in the management of the Facility.
4. The City shall provide water service for OSHA required safety shower and eyewash equipment at the Facility.
5. The City shall provide on-site restroom facilities for use by the District personnel during the hours the facility is occupied.
6. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.
7. The City shall publicize to its residents the maximu m quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.
8. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.
9. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture -resistant lid, such as a plastic laundry dete rgent container. Containers consisting of glass, metal, cardboard or paper will not be accepted.
10. Agreement Compliance. City agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Agreement.
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RESPONSIBILITIES AND DUTIES OF THE DISTRICT
11. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste , including universal waste, Home -generated Sharps (HGS) and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe , convenient service to the public in a cost -effective manner.
12. The District, acting as the generator of household hazardous waste, shall assume responsibility for maintaining the necessary site permits and responsibility for the on -site management, transpo rtation, recycling and disposal of the materials and waste collected at the Facility site.
13. The District will provide one full -time and 3 part -time County employees to operate the Facility every Saturday at the agreed upon publicized operati ons time, excluding inclement weather and County observed holidays.
14. All personnel provided by the District will be trained to meet or exceed Cal OSHA requirements.
15. The operations at the Facility will be directed by, and District personnel shall be trained according to, the District’s “Satellite Facilities Operations Manual”, which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed. This document is referenced in and r equired by the Permit by Rule authorization to operate which is issued by San Bernardino County Certified Unified Program Agency. If there are any changes to the "Satellite Facilities Operations Manual", the District shall provide special training sessions to District personnel as soon as practicable with respect to said changes.
16. The “Satellite Facilities Operations Manual” shall be consistent with or exceed all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary.
17. The District will provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for “over packing” the waste containers. At the termination or expiration of this Agreement, all items provided by the District shall belong to the District, unless otherwise agreed upon in writing. The District will provide an Emergency Coordinator to offer support and assistance during Facility opera ting hours excluding County observed holidays.
18. The District shall either remove the wastes or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of wastes at an approved facility, at no additional cost to the City.
19. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.
20. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Pro gram Agency, the City’s Annual Form 303 Report. The reports will be provided at no additional cost to the City.
21. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City.
22. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in District’s fee ordinance.
23. The District shall provide a n electronic biohazardous waste label to every participant that disposes of home generated sharps. As provided in Paragraph 9, the public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy -duty, puncture-resistant plastic container used to dispose of home generated sharps.
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CONSIDERATION
24. In consideration for the services provided and except as otherwise provided in this Agreement, City shall pay the District the following amount not to exceed $717,933.79:
Fiscal Year Annual Amount Amount per quarter
2022/2023 $133,870.23 $33,467.55
2023/2024 $138,221.01 $34,555.25
2024/2025 $143,058.74 $35,764.68
2025/2026 $148,423.44 $37,105.86
2026/2027 $154,360.37 $38,590.09
25. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract.
TERM AND TERMINATION
26.This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.
27. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.
INSURANCE AND INDEMNIFICATION
28. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compens ation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
29. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by District, and/or its authorized officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of District and for any costs or expenses incurred by City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to C ity’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by City, and/or its authorized officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of City and for any costs or expenses incurred by District on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
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In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.
Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.
Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.
GENERAL TERMS AND CONDITIONS
30. Representation of the District . In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.
31. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.
32. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.
33. Agreement Amendments . City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.
34. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.
In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:
A. Afford City thereafter a time period within which to cure the breach, which period shall be established at sole discretion of District; and/or,
B. Terminate this Contract.
35. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and att orneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.
36.Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third -party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.
37.Notification. In the event of a problem or potential problem that will impact the level of performance by a Party under this Agreement, the Party shall notify the other Party within one (1) working day, in writing and by telephone.
38. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District adm inistrative
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officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, a ssistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.
39. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District determines that City has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided , this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, the District is entitled to pursu e any available legal remedies.
40. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.
41. Severability. If any provisions of this agreement, or portions thereof, or the applicat ion thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.
42. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
DISTRICT:
Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: Bruni Reyes
Management Analyst
Redlands Fire Department
35 Cajon Street, Ste. 12
Redlands, CA 92373
43. Entire Agreement.
A. This agreement is int ended by the parties hereto as a final exp ression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings.
B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.
44.This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.
The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.
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IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Scott Runyan, Supervising Deputy County
Counsel
Date Date Date
SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell, Secretary (Print or Type) By Dated:
Deputy
Address
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City Council/Successor Agency Meeting K. 2.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration a professional services agreement with Miller Architectural Corporation for on-call general architectural services in an amount not-to-exceed $300,000 (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that this request is appropriate, the following motion is provided:
I move that the City Council approve a professional services agreement with Miller Architectural Corporation in an amount not-to-exceed $300,000 for a period of two years.
1. RECOMMENDATION:
Staff recommends City Council approve a professional services agreement with Miller Architectural Corporation in an amount not-to-exceed $300,000 for on-call general architectural services for a period of two years.
DISCUSSION:
The Facilities and Community Services Department has projects included in the FY 21/22 budget that require architectural and design services. The on-call agreement will expedite the projects and will allow for a more efficient utilization of the available funds. The funding for this agreement will be derived from individual project budgets in an amount not-to-exceed $300,000. The term of the agreement is for two years.
On March 8, 2022, staff issued a Request for Proposals (RFP) for professional services to perform on-call general architectural services. On March 28, 2022, staff received proposals from the following 5 firms:
1. TR Design Group INC., Riverside, CA
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2. STK Architecture, Inc., Temecula, CA
3. PBK, Rancho Cucamonga, CA
4. Miller Architectural Corporation, Redlands CA
5. Architectural Resources Group, Los Angeles, CA
In accordance with Chapter 2.16.180 of the City's Municipal Code, an evaluation committee reviewed and rated the proposals based on each firm's demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP. Miller Architectural Corporation was identified as the consultant most qualified to perform the tasks listed in the RFP.
City staff negotiated a reasonable consultant fee and is recommending Council approve an agreement with Miller Architectural Corporation for an amount not-to-exceed $300,000.
ALTERNATIVES:
The City Council may elect to decline the professional service agreement.
However, this will delay architectural services.
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
PREPARED BY:
Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: FY 2021-22
Appropriation Required Y/N: N
Amount: 300,000
Budgeted Y/N: Y
Account No.: 101303, 101309, 101304
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Account No.: 101303, 101309, 101304
Discussion:
As previously indicated, there are various projects which have been included in the FY 2021/22 FCS budget that require design services. Those projects include funding for architectural services which will be utilized for this agreement.
Attachments
Agreement
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1 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of professional architectural services (“Agreement”) is made and entered in this 3rd day of M ay, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corpor ation and general law city (“City”) and Miller Architectural Corporation, 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 professional architectural services for City (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 Servi ces that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by th is reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulati ons in the performance of this A greement including, but not limited to , any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 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 term of this Agre ement shall be for a period of two (2) years commencing as of the Effective Date, unless terminated earlier as provided herein.
4.2 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to Cit y, 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.
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2 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant ’s performance of the Services shall not exceed the amount of Three Hundred Thousand Dollars ($300,000.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Fee Schedule,” 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 n otice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall b e 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: CONSULTANT:
City Clerk Gary Miller, President
City of Redlands Miller Architectural Corporation
35 Cajon Street 1177 Idaho St, Ste. 200
P.O. Box 3005 (mailing) Redlands, Ca 92374
Redlands, CA 92373 [email protected]
[email protected] Phone: (909) 335-7400
Phone: (909) 798-7531 Fax: (909) 335-7299
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
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3 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn 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.
B. Comprehensive General L iability 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. 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 L iability 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 t he 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 liabi lity, 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.
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.
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4 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn
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.
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
8.1 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 Consultant shall not assign any of the Services, except with the prior written approval of City and in s trict 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 an y capacity
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5 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn whatsoever as an agent, nor shall Consultant 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 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 S ervices, and (2) any payment du e 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, wit hin 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.
8.6 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, an y amendment to this Agreement shall be in writing, approved by City and signed by City and 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.
8.8 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 r emaining 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.
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6 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS MILLER ARCHITECTURAL
CORPORATION
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Gary Miller, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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7 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn EXHIBIT "A"
SCOPE OF SERVICES
Miller Architectural Corporation will provide architectural and design services related to but not limited to the planning, designing, contract documents bidding, and construction oversight phases of various projects.
Such services may also include:
• Feasibility studies and needs assessments
• Site selection
• Facilities master planning
• Project programming
• Architectural and engineering services
• Project design
• 3-D imaging and animations
• Project management
• Scheduling and budgets
• Interior design and graphic design
• Post occupancy evaluation
• Educational technologies
• Modernization and renovation
• ADA assessment and correction
• DSA Processing
• Presentations to community groups and committees
• Off-site improvements and streets, utilities and flood control • Government agency coordination
• Demographics and enrollment forecasting
• Life-cycle comparisons
• Cost analysis
• Construction administration
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8 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn EXHIBIT "B"
FEE SCHEDULE
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9 L:\ca\djm\Agreements\Miller Architectural Corp Agreement.PS-1.1.FY21-0104.doc.jn 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 insurer s 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 Dir ector 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 self - insurance 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.
MILLER ARCHITECTURAL
CORPORATION
By: Date: ___________________
Gary Miller, President
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City Council/Successor Agency Meeting K. 3.
DATE: 05/03/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a recommendation by the Cultural Arts Commission to develop an Arts and Culture Master Plan, and receive the Arts Economic Impact Study (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that the Commission's recommendations are appropriate, the following motions are provided:
I move to receive and file the Arts Economic Impact Study completed for the City of Redlands by the Americans for the Arts; and
1. I move to direct staff regarding the development of an Arts and Culture Master Plan.
2. RECOMMENDATION:
Commission Recommendation
At their regular meeting on September 13, 2021, the Cultural Arts Commission recommended that the City Council direct staff to prepare a request for proposals for the development of an Arts and Culture Master Plan.
Staff Recommendation
Staff recommends that the City Council receive and file the Economic Impact Study for the City of Redlands prepared by the American's for the Arts.
DISCUSSION:
The City Council approved a recommendation by the Cultural Arts Commission on February 5, 2019 to appropriate $8,000 in funds for an Arts Economic Impact Study and accept a donation in the amount of $3,500 from the Redlands Arts Collaborative (RAC). RAC consists of representatives from
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Redlands cultural arts groups and is a community-based organization that collaborates to support individual and collective goals. The purpose of an economic impact study is to analyze the current and potential value that public art adds to the community. Americans for the Arts was selected as a consultant to prepare the economic study in accordance with the City's purchasing guidelines. However, due to the cancellations of events and temporary closures of some organizations due to global health concerns, the completion of the study was delayed. With the assistance of RAC representatives, the American's for the Arts was able to complete the study in late 2021.
The study prepared for the City of Redlands incorporates the Arts & Economic Prosperity 5 National Study (AEP5 Study), published in 2017. It is the most comprehensive economic impact study of the nonprofit arts and culture industry ever conducted. The AEP5 Study documented the economic contributions of the arts in 341 communities and regions across the country, representing all 50 states and the District of Columbia. The diverse participating communities range in population from 1,500 to 4 million and include rural, suburban and urban areas. The study uses four economic measures to define economic impact:
full-time equivalent jobs, resident household income, and revenue to local and state governments. Economists customized input-output models to calculate specific and reliable findings for each region. The attached report presents the findings of the study which evaluates the economic impact of the nonprofit arts and culture industry in the City.
The Commission also recommended that the City Council direct staff to procure the services of a consultant to develop an Arts and Culture Master Plan and designate funding in the amount of $100,000 on September 13, 2021. The Commission views the plan as a necessary tool to ensure that art is promoted and utilized in a cohesive and intentional manner throughout the community.
Although the Commission took its action in September 2021, it elected to defer its recommendation being advanced until such time that the Arts Economic Impact Study could be presented. For this evening's meeting, Randy Cohen, Vice President for the Americans for the Arts will present the results of the Arts Economic Impact Study completed for the City of Redlands. If Council supports the recommendation for the development of an Arts and Cultural Master Plan, staff will include the expenditure in the Fiscal Year 2022-2023 budget request.
ALTERNATIVES:
Council may choose not to approve the development and funding for the Arts and Culture Master Plan and direct staff accordingly.
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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
Discussion:
If City Council approves the development of an Arts and Master Plan, staff will include the funding amount in the Fiscal Year 2022-23 budget request.
Attachments
A. City of Redlands Arts Economic Prosperity 5 Report Summary B. City of Redlands Arts Economic Prosperity 5 Report
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The Economic Impact of Nonprofit Arts and
Culture Organizations and Their Audiences in
the City of Redlands, CA (Fiscal Year 2022/projected)
Direct Economic Activity Arts and Culture
Organizations + Arts and Culture
Audiences = Total Industry
Expenditures
Total Industry Expenditures $10,823,619 $3,398,927 $14,222,546
Economic Impact of Spending by Arts and Culture Organizations and Their Audiences
Total Economic Impact of Expenditures Economic Impact of Organizations + Economic Impact of
Audiences = Total
Economic Impact
Full-Time Equivalent (FTE) Jobs Supported 320 96 416 Household Income Paid to Residents $7,780,000 $1,696,000 $9,476,000 Revenue Generated to Local Government $451,000 $158,000 $609,000 Revenue Generated to State Government $513,000 $215,000 $728,000
Event-Related Spending by Arts and Culture Audiences to Total $3.4 million (excluding the cost of admission)
Attendance to Arts and Culture Events Resident1
Attendees + Nonresident1
Attendees = All
Cultural Audiences
Total Attendance to Arts and Culture Events 119,194 27,056 146,250 Percentage of Total Attendance 81.5%% 18.5%% 100.0%
Average Event-Related Spending Per Person $20.85 $33.77 $23.25 Total Event-Related Expenditures $2,485,111 $913,816 $3,398,927
Nonprofit Arts and Culture Event Attendees Spend an Average of $23.25 Per Person (excluding the cost of admission)
Category of Event-Related Expenditure Resident1
Attendees Nonresident1
Attendees All
Cultural Audiences
Meals and Refreshments $14.55 $21.98 $15.93
Souvenirs and Gifts $2.80 $0.61 $2.39
Ground Transportation $1.65 $2.60 $1.83
Overnight Lodging (one night only) $0.28 $7.12 $1.55 Other/Miscellaneous $1.57 $1.46 $1.55
Average Event-Related Spending Per Person $20.85 $33.77 $23.25
Source: Arts & Economic Prosperity 5: The Economic Impact of Nonprofit Arts and Cultural Organizations and Their Audiences in the City of Redlands. For more information about this study or about other cultural initiatives in the City of Redlands, visit the City of Redlands’s web site at http://www.cityofredlands.org.
Copyright 2022 by Americans for the Arts (www.AmericansForTheArts.org).
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A comprehensive description of the methodology used to complete the national study is available at www.AmericansForTheArts.org/EconomicImpact.
About This Study
This Arts & Economic Prosperity 5 study was conducted by Americans for the Arts to document the economic impact of the nonprofit arts and culture industry in 341 communities and regions (113 cities, 115 counties, 81 multicity or multicounty regions, 20 states, and 12 individual arts districts)—representing all 50 U.S. states and the District of Columbia. The diverse communities range in population (1,500 to more than 4 million) and type (small rural to large urban). Project economists from the Georgia Institute of Technology customized an input-output analysis model for each participating region to provide specific and localized data on four measures of economic impact: full-time equivalent jobs, household income, and local and state government revenue. These localized models allow for the uniqueness of each local economy to be reflected in the findings. Americans for the Arts partnered with 250 local, regional, and statewide organizations that represent the 341 study regions (30 partners included multiple study regions as part of their participation). With the approval of the City Council of the City of Redlands, the Cultural Arts Commission contracted with Americans for the Arts to conduct a separate economic impact analysis focused solely on the nonprofit arts and culture industry in the City of Redlands.
Surveys of Nonprofit Arts and Cultural ORGANIZATIONS
Each of the 250 partner organizations identified the universe of nonprofit arts and cultural organizations that are located in its region(s) using the Urban Institute’s National Taxonomy of Exempt Entity (NTEE) coding system, a definitive classification system for nonprofit organizations recognized as tax exempt by the Internal Revenue Code. In addition, the study partners were encouraged to include other types of eligible organizations if they play a substantial role in the cultural life of the community or if the ir primary purpose is to promote participation in, appreciation for, and understanding of the visual, performing, folk, and literary and media arts.
These include government-owned or government-operated cultural facilities and institutions; municipal arts agencies and councils; private community arts organizations; unincorporated arts groups; living collections (such as zoos, aquariums, and botanical garde ns); university presenters, programs, and facilities; and arts programs that are embedded under the umbrella of a nonarts organizat ion or facility (such as a hospital or church). In short, if it displays the characteristics of a nonprofit arts and cultural organization, it is included. For-profit businesses (e.g., Broadway, motion picture theaters) and individual artists were excluded from this study.
Nationally, data was collected from a total of 14,439 organizations for this study. Response rates among all eligible organiz ations located in the 341 study regions was 54.0 percent and ranged from 9.5 percent to 100 percent. Responding organizations had budgets ranging from $0 to $785 million (Smithsonian Institution). It is important to note that each study region’s results are based solely on the actual survey data collected. There are no estimates made to account for nonresponding organizations. Therefore, the less -than-100 percent response rates suggest an understatement of the economic impact findings in most of the individual study regions.
To complete this separate analysis for the City of Redlands, the City of Redlands Cultural A rts Commission identified a total of 26 eligible nonprofit arts and culture organizations using the preceding definition. Fourteen of the 26 organizations participated in this study—a 53.8% response rate . A list of the participating organizations can be obtained from the City of Redlands Cultural Arts Commission.
Surveys of Nonprofit Arts and Cultural AUDIENCES
Audience-intercept surveying, a common and accepted research method, was completed in all 341 study regions to capture information about spending by audiences at nonprofit arts and culture events. Patrons were selected randomly and asked to complete a short survey while attending an event. A total of 212,691 attendees completed the survey. The responden ts provided itemized travel party expenditure data on attendance-related activities such as meals, souvenirs, transportation, and lodging. Data was collected throughout the year to guard against seasonal spikes or drop-offs in attendance, and at a broad range of events (because a night at the opera will typically yield more spending than a Saturday children’s theater production). Using total attendance data for 2015 (collected from the participating organizations), standard statistical methods were then used to derive a reliable estimate of total arts event-related expenditures by attendees in each study region.
To complete this separate analysis for the City of Redlands, a total of 708 valid audience -intercept surveys were collected from in-person attendees to arts and culture performances, events, exhibits, experiences, and facilities that took place in the City of Redlands during the period from June 2019 to August 2021.
Studying Economic Impact Using Input-Output Analysis
To derive the most reliable economic impact data, input-output analysis was used to measure the impact of expenditures by nonprofit arts and cultural organizations and their audiences. This highly-regarded type of economic analysis has been the basis for two Nobel Prizes in economics. The models are systems of mathematical equations that combine statistical methods and economic theory in an area of study called econometrics. The analysis traces how many times a dollar is respent within the local economy before it leaves the community, and it quantifies the economic impact of each of those rounds of spending. Project economists customized an input -output model for each of the 341 participating study regions based on the local dollar flow among 533 finely detailed industries wit hin its economy. This was accomplished by using detailed data on employment, incomes, and government revenues provided by the U.S.
Department of Commerce (County Business Patterns, the Regional Economic Information System, and the Survey of State and Local Finance), state and local tax data (e.g., sales taxes, lodging tax, property taxes, income tax, and miscellaneous local option taxes) , and the survey data collected from the responding arts and cultural organizations and their audiences.
1 For the purpose of this study, residents are attendees who live within San Bernardino County; nonresidents live elsewhere.
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City of Redlands, CA
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Arts and Economic Prosperity® 5 was conducted by
Americans for the Arts, the nation’s nonprofit organization for advancing the arts in America. Established in 1960, we are dedicated to representing and serving local communities and creating opportunities for every American to participate in and appreciate all forms of the arts.
Copyright 2022 by Americans for the Arts, 1275 K Street NW, Suite 1200, Washington, DC 20005.
Arts & Economic Prosperity is a registered trademark of Americans for the Arts.
Reprinted by permission.
Printed in the United States.
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Table of Contents
The Arts Mean Business ........................................................... 1 By Randy Cohen, Vice President, Americans for the Arts
The Economic Impact of the
Nonprofit Arts and Culture Industry in
the City of Redlands .................................................................. 3 Defining Economic Impact .....................................................................3 Economic Impact of the Nonprofit Arts and Culture Industry ...............4 Direct, Indirect, and Induced Economic Impact: How a
Dollar is Respent in the Economy ..........................................................5 Economic Impact of Spending by Nonprofit Arts and
Culture ORGANIZATIONS ..................................................................6 An Economic Impact Beyond Dollars: Volunteerism .......................7 The Value of In-Kind Contributions to Arts Organizations ..............7 Economic Impact of Spending by Nonprofit Arts and
Culture AUDIENCES ............................................................................8 Cultural Tourists Spend More ............................................................9 The Arts Drive Tourism .....................................................................10 The Arts Retain Local Dollars ...........................................................10 Travel Party and Demographic Characteristics of Arts Attendees ....11 The Effect of the COVID-19 Pandemic on this Redlands’ Analysis .....12
Conclusion ................................................................................. 14
Arts & Economic Prosperity 5 Calculator ................................ 15 Economic Impact per $100,000 of Spending by Nonprofit
Arts and Culture ORGANIZATIONS ....................................................15 Economic Impact per $100,000 of Spending by Nonprofit
Arts and Culture AUDIENCES ..............................................................16 Making Comparisons with Similar Study Regions ................................17
About This Study ....................................................................... 18
Frequently Used Terms ............................................................. 23
Frequently Asked Questions ..................................................... 25
Acknowledgments ..................................................................... 27
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"Understanding and acknowledging the incredible economic impact of the nonprofit arts and culture, we must always remember their fundamental value. They foster beauty, creativity, originality, and vitality. The arts inspire us, sooth us, provoke us, involve us, and connect us. But they also create jobs and contribute to the economy."
— Nolen Bivens
President and CEO
Americans for the Arts
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 1 The Arts Mean Business
By Randy Cohen, Vice President of Research, Americans for the Arts
In my travels, I meet business and government leaders who speak passionately about the value the arts bring to their communities—fueling creativity, beautifying downtowns, and providing joy. Many also share with me the challenge of balancing arts funding with the demands to support jobs and grow their economy. To these community leaders, Arts & Economic Prosperity 5 offers a clear and welcome message: the arts are an investment that delivers both community well-being and economic vitality.
Arts & Economic Prosperity 5 (AEP5) is Americans
for the Arts’ fifth economic impact study of the
nation’s nonprofit arts and culture organizations and
their audiences. By every measure, the results are
impressive. Nationally, the nonprofit arts industry
generated $166.3 billion of economic activity in
2015—$63.8 billion in spending by arts and culture
organizations and an additional $102.5 billion in event- related expenditures by their audiences. This activity
supported 4.6 million jobs and generated $27.5 billion
in revenue to local, state, and federal governments (a
yield well beyond their collective $5 billion in arts
allocations). AEP5 is the most comprehensive study of
its kind ever conducted. It provides detailed economic
impact findings on 341 study regions representing all
50 states and the District of Columbia. Data was
gathered from 14,439 organizations and 212,691 arts
event attendees, and our project economists customized
input-output models for each and every study region to
ensure reliable and actionable localized results.
When Americans for the Arts published its first
economic impact study in 1994, it worked with 33
local communities. As evidence of the value of these
studies, AEP5 has grown this local participation ten-
fold. We also have witnessed a corresponding growth
in the understanding of the economic value of the arts.
The U.S. Bureau of Economic Analysis, for example,
now publishes an annual Arts & Cultural Production
Satellite Account, which extends beyond the nonprofit
sector to include the full breadth of commercial and
for-profit arts, education, and individual artists, and lists the sector as a $920 billion industry (4.3 percent of the nation’s GDP—a larger share of the economy than
transportation, tourism, agriculture, and construction).
As another example, many state and local governments
have established agencies to track and grow their
creative economy.
What continues to set AEP5 apart from other studies is
exactly why it is so useful: it uses localized research that not only focuses on arts organizations—but also
incorporates the event-related spending by their
audiences. When patrons attend an arts event, they may
pay for parking, eat dinner at a restaurant, enjoy dessert after the show, and return home to pay the babysitter.
The study found that the typical attendee spends $31.47 per person, per event beyond the cost of admission.
AEP5 also shows that one-third of attendees (34
percent) traveled from outside the county in which the
arts event took place. Their event-related spending was more than twice that of their local counterparts ($47.57 vs. $23.44). What brought those visitors to town? Two-
thirds (69 percent) indicated that the primary purpose
for their visit was to attend that arts event. The message is clear: a vibrant arts community not only keeps
residents and their discretionary spending close to
home, but it also attracts visitors who spend money and help local businesses thrive.
AEP5 demonstrates that the arts provide both cultural
and economic benefits. No longer do community
leaders need to feel that a choice must be made
between arts funding and economic development.
Arts & Economic Prosperity 5 proves that they can
choose both. Nationally as well as locally, the arts
mean business.
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2 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5
“Even in a strong economy, some may perceive the arts as an unaffordable luxury. Fortunately, this rigorous report offers evidence that the nonprofit arts industry provides not just cultural benefits to our communities, but also makes significant positive economic contributions to the nation’s financial well-being regardless of the overall state of the economy. The arts as a driver of employment, vibrancy, tourism, and building a creative workforce is certainly something to applaud.” — Jonathan Spector, former President & CEO, The Conference Board (2017)
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 3 The Economic Impact of the
Nonprofit Arts and Culture Industry in
the City of Redlands
Arts & Economic Prosperity 5 provides evidence that the nonprofit arts and culture sector is a significant industry in the City of Redlands— one that is expected to generate $14.2 million in economic activity during fiscal year 2022. This spending— $10.8 million by nonprofit arts and culture organizations and an additional $3.4 million in event-related spending by their in-person audiences— will support 416 full- time equivalent jobs, generate $9.5 million in household income to local residents, and deliver $1.3 million in local and state government revenue. This economic impact study sends a strong signal that when we support the arts, we not only enhance our quality of life, but we also invest in the City of Redlands’ economic well-being.
The national Arts & Economic Prosperity 5 study—
published in 2017—documented the economic impact
of the nonprofit arts and culture sector in 341 study
regions: 113 cities, 115 counties, 81 multi-city or
multi-county regions, 20 entire states, and 12 arts
districts representing all 50 U.S. states and the District of Columbia. The diverse study regions ranged in
population (1,500 to four million) and type (rural to
large urban). Economists customized input-output
models to calculate specific and reliable findings for
each region. This study focused on the economic
impact of nonprofit arts and culture organizations and
event-related spending by their audiences. Spending by
artists and the for-profit sector (e.g., Broadway or the motion picture industry) were excluded.
This report presents the findings of a new study to
evaluate the economic impact of the nonprofit arts
and culture industry in the City of Redlands using
analyses of past fiscal years and projections for
fiscal year 2022. The methodology is identical to the
national study, providing the ability to compare the
results with those of the national study participants.
Defining Economic Impact
This proprietary study methodology uses four economic
measures to define economic impact: full-time
equivalent jobs, resident household income, and local
and state government revenues.
Full-Time Equivalent (FTE) Jobs describes the total
amount of labor employed. An FTE job can be one full-
time employee, two half-time employees, etc.
Economists measure FTE jobs, not the total number of
employees, because it is a more accurate measure that
accounts for part-time employment.
Resident Household Income (often called Personal
Income) includes salaries, wages, and entrepreneurial
income paid to residents. It is the money residents earn and use to pay for food, shelter, utilities, and other
living expenses.
Revenue to Local and State Government includes
revenue from local and state taxes (i.e., any applicable income, retail, lodging, real estate, business/corporate, transportation/gas, personal property, and other taxes) as well as funds from license fees, utility fees, filing fees, and other similar sources. Local government
revenue includes funds to governmental units such as
cities, counties, townships, school districts, and other special districts
.
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4 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Economic Impact of Spending by the Nonprofit Arts and Culture Industry (Combined Spending by Both Organizations and Their In-Person Audiences) in the City of Redlands
In communities coast-to-coast, from our smallest towns to our largest cities, America’s 120,000 nonprofit arts and culture organizations make their communities more desirable places to live and work every day of the year.
The arts provide inspiration and joy to residents, beautify public spaces, and strengthen the social fabric of our communities. Nonprofit arts and culture organizations are also businesses. They employ people locally, purchase goods and services from other local businesses, and attract tourists. Event-related spending by arts audiences generates valuable revenue for local merchants such as restaurants, retail stores, parking garages, and hotels.
During fiscal year 2022, it is expected that spending by both the City of Redlands’ nonprofit arts and culture organizations and their in-person audiences will total approximately $14.2 million. The table below demonstrates the total economic impact of these expenditures.
DID YOU KNOW? The Arts Improve the Economy, and Our Quality of Life
90 percent of Americans believe “the arts & culture are important to quality of life.” 86 percent of Americans believe “the arts & culture are important to local businesses and the economy.” 81 percent of Americans say the arts are a "positive experience in a troubled world." 72 percent of Americans believe "the arts unify our communities regardless of age, race, and ethnicity." 73 percent of Americans feel the arts give them "pure pleasure to experience and participate in." 69 percent of Americans believe the arts "lift me up beyond everyday experiences." 73 percent of Americans agree that the arts "helps me understand other cultures better."
Source: Americans for the Arts’ 2018 public opinion survey of 3,025 adults by Ipsos Public Affairs TABLE 1:
Total Economic Impact of the Nonprofit Arts and Culture Industry in the City of Redlands during FY2022 (projected) (Combined Spending by Nonprofit Arts and Culture Organizations and Their In-Person Audiences)
City of Redlands
Median of
Similar Study Regions
Pop. = 50,000 to 99,999 National Median
Total Industry Expenditures $14,222,546 $19,538,777 $35,750,645 Full-Time Equivalent Jobs 416 512 1,131
Resident Household Income $9,476,000 $11,623,000 $23,154,000 Local Government Revenue $609,000 $905,500 $1,407,000
State Government Revenue $728,000 $1,049,000 $1,961,000
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 5
Economic Impact: Total, Direct, Indirect, and Induced
How can a dollar be respent? Consider the example of a theater company that purchases a five-gallon bucket of paint from its local hardware store for $100—a very simple transaction at the outset, but one that initiates a complex sequence of income and spending by both individuals and other businesses.
Following the paint purchase, the hardware store may use a portion of the $100 to pay the salesclerk who sold the bucket of paint. The salesclerk then respends some of the money for groceries; the grocery store uses some of the money to pay its cashier; the cashier then spends some of the money for rent; and so on.
The hardware store also uses some of the $100 to purchase goods and services from other businesses, such as the local utility company, and then to buy a new bucket of paint from the paint factory to restock its shelf. Those businesses, in turn, respend the money they earned from the hardware store to buy goods and services from still other local businesses, and so on.
Eventually, the last of the $100 is spent outside of the community and no longer has a local economic impact. It is considered to have leaked out of the community.
The total economic impact describes this full economic effect, starting with the theater’s initial paint purchase and ending when the last of the $100 leaks out of the community. It is composed of the direct economic impact (the effect of the initial expenditure by the theater), as well as the indirect and induced economic impacts, which are the effects of the subsequent rounds of spending by businesses and individuals, respectively.
Interestingly, a dollar ripples very differently through each community, which is why an input -output model was customized for the unique economy of San Bernardino County.
“The success of my family’s business depends on finding and cultivating a creative and innovative workforce. I have witnessed firsthand the power of the arts in building these business skills. When we participate personally in the arts, we strengthen our ‘creativity muscles,’ which makes us not just a better ceramicist or chorus member, but a more creative worker—better able to identify challenges and innovative business solutions.” — Christopher Forbes, Vice Chairman, Forbes, Inc. (2017)
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6 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Economic Impact of Spending
by Nonprofit Arts and Culture ORGANIZATIONS
in the City of Redlands
Nonprofit arts and culture organizations are active contributors to their business community. They are employers, producers, and consumers. They are members of the Chamber of Commerce as well as key partners in the marketing and promotion of their cities, regions, and states. Spending by nonprofit arts and culture organizations are expected to total $10.8 million in the City of Redlands during fiscal year 2022. This spending is far-reaching: organizations pay employees, purchase supplies, contract for services, and acquire assets within their community. These actions, in turn, support jobs, generate household income, and generate revenue to local and state governments.
The City of Redlands’ nonprofit arts and culture organizations provide rewarding employment for more than just administrators, artists, curators, choreographers, and musicians. They also employ financial staff, facility managers, and salespeople. In addition, the spending by these organizations directly supports a wide array of other occupations spanning many industries that provide their goods and services (e.g., accounting, construction, event planning, legal, logistics, printing, and technology).
Data were collected from 14 eligible nonprofit arts and culture organizations that are located in the City of Redlands. The survey requested budget data for fiscal years 2019, 2020, 2021, and 2022 (projected). The following table demonstrates the total economic impact of their aggregate spending.
TABLE 2:
Total Economic Impact of Spending by Nonprofit Arts and Culture ORGANIZATIONS in the City of Redlands during FY2022 (projected)
City of Redlands
Median of
Similar Study Regions
Pop. = 50,000 to 99,999 National Median
Total Organizational Expenditures $10,823,619 $9,049,417 $15,727,535 Full-Time Equivalent Jobs 320 240 608
Resident Household Income $7,780,000 $6,193,000 $11,441,500 Local Government Revenue $451,000 $326,000 $592,000
State Government Revenue $513,000 $381,000 $840,500
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 7 Economic Impact Beyond Dollars: Volunteerism
While arts volunteers may not have an economic impact as defined in this study, they clearly have an enormous impact by helping nonprofit arts and culture organizations function as a viable industry. Arts & Economic Prosperity 5 reveals a significant contribution to nonprofit arts and culture organizations as a result of volunteerism. During 2022, 809 volunteers are expected to donate 72,263 hours to the City of Redlands’ participating nonprofit arts and culture organizations. This will represent a donation of time with an estimated aggregate value of $2,062,386 (Independent Sector currently estimates the dollar value of the average volunteer hour to be $28.54). Volunteers can include unpaid professional staff (e.g., executive and program staff, board/commission members), artistic volunteers (e.g., artists, choreographers, designers), clerical volunteers, and service volunteers (e.g., ticket takers, docents, ushers, gift shop volunteers).
The 14 participating organizations reported an average of 57.8 volunteers who will volunteer an average of 89.3 hours during 2022, for a total of 5,162 hours per organization.
The Value of In-Kind Contributions to Arts Organizations
The organizations were asked about the value of their in-kind support. In-kind contributions are non-cash donations such as materials (e.g., office supplies from a local retailer), facilities (e.g., office or performance space), and services (e.g., printing from a local printer). The 14 participating nonprofit arts and culture organizations in the City of Redlands reported that they expect to receive in-kind contributions with an aggregate value of $94,000 during fiscal year 2022. These contributions can be received from a variety of sources including corporations, individuals, local and state arts agencies, and government agencies.
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8 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Economic Impact of Spending
by Nonprofit Arts and Culture In-Person AUDIENCES
in the City of Redlands
The nonprofit arts and culture industry, unlike most industries, leverages a significant amount of event-related spending by its audiences. For example, when patrons attend a cultural event, they may pay to park their car, purchase dinner at a restaurant, shop in nearby stores, eat dessert after the show, and pay a babysitter upon their return home. Attendees from out of town often spend the night in a hotel. This spending generates related commerce for local businesses such as restaurants, parking garages, retail stores, and hotels. Local businesses that cater to arts and culture audiences reap the rewards of this economic activity.
To measure the impact of spending by cultural audiences in the City of Redlands, data were collected from 708 attendees to arts and culture performances, events, exhibits, experiences, and facilities that took place in Redlands during the period from June 2020 to August 2021. Researchers used an audience-intercept methodology, a standard technique in which patrons are asked to complete a short survey about their event-related spending (while they are attending the event). In the City of Redlands, cultural attendees spent an average of $23.25 per person, per event as a direct result of their attendance at the event.
The 14 participating nonprofit arts and culture organizations reported that the aggregate in-person attendance will be 146,250 during 2022. Event-related spending by these attendees is expected to total approximately $3.4 million in the City of Redlands during fiscal year 2022, excluding the cost of event admission. The following table demonstrates the total economic impact of this spending.
1 Why exclude the cost of admission? The admissions paid by attendees are excluded from the audience analysis because those dollars are captured in the operating budgets of the participating nonprofit arts and culture organizations and, in turn, are spent by the organizations. This methodology avoids “double-counting” those dollars in the study analysis.
TABLE 3:
Total Economic Impact of Spending by Nonprofit Arts and Culture In-Person AUDIENCES in the City of Redlands during FY2022 (projected/excluding the cost of event admission1)
City of Redlands
Median of
Similar Study Regions
Pop. 50,000 to 99,999 National Median
Total Audience Expenditures $3,398,927 $10,546,708 $18,871,511 Full-Time Equivalent Jobs 96 222 430
Resident Household Income $1,696,000 $4,413,000 $8,402,500 Local Government Revenue $158,000 $432,000 $898,000
State Government Revenue $215,000 $565,000 $1,007,500
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 9 Cultural Tourists Spend More
The 708 audience survey respondents were asked to provide the ZIP code of their primary residence, enabling researchers to determine which attendees were local residents (live within San Bernardino County) and which were nonresidents (live outside San Bernardino County). In the City of Redlands, researchers estimate that 81.5% of the 146,250 nonprofit arts attendees were residents; 18.5% were nonresidents.
Nonresident attendees spend an average of 62% more per person than local attendees ($33.77 vs. $20.85) as a result of their attendance to cultural events. As would be expected from a traveler, higher spending was typically found in the categories of lodging, meals, and transportation. When a community attracts cultural tourists, it harnesses significant economic rewards.
TABLE 4: Event-Related Spending by Arts and Culture Event Attendees Expected to Total $3.38 million in the City of Redlands during FY2022 (projected/excluding the cost of event admission)
Residents Nonresidents
All
City of Redlands
Event Attendees
Total Attendance 119,194 27,056 146,250
Percent of Attendees 81.5% 18.5% 100%
Average Dollars Spent Per Attendee $20.85 $33.77 $23.25 Total Event-Related Expenditures $2,485,111 $913,816 $3,398,927 TABLE 5: Nonprofit Arts and Culture Event Attendees Spend an Average of $23.25 Per Person in the City of Redlands (excluding the cost of event admission)
Residents Nonresidents
All
City of Redlands
Event Attendees
Refreshments/Snacks During Event $4.29 $7.23 $4.84
Meals Before/After Event $10.26 $14.75 $11.09
Souvenirs and Gifts $2.80 $0.61 $2.39
Clothing and Accessories $0.91 $0.42 $0.82
Ground Transportation $1.65 $2.60 $1.83
Event-Related Child Care $0.29 $0.45 $0.32
Overnight Lodging (one night only) $0.28 $7.12 $1.55
Other $0.37 $0.59 $0.41
Total Per Person Spending $20.85 $33.77 $23.25
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10 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 The Arts Drive Tourism
Each of the nonresident survey respondents (i.e., those who live outside San Bernardino County) were asked about the purpose of their trip: 86.3% indicated that the primary purpose of their visit to the City of Redlands was “specifically to attend this arts/cultural event.” This finding demonstrates the power of the arts to attract visitors to the community.
The audience-intercept survey also asked nonresident attendees if they would have traveled somewhere else (instead of to the City of Redlands) if the event where they were surveyed had not occurred: 68.3% of nonresident attendees would have “traveled to a different community to attend a similar cultural event.”
Of the 18.5% of arts attendees who are nonresidents, only 3.8% reported an overnight lodging expense. Not surprisingly, however, nonresident attendees with overnight expenses spent considerably more money per person during their visit to the City of Redlands than did nonresident attendees without overnight lodging expenses ($199.34 and $27.20, respectively). For this analysis, only one night of lodging expenses is counted toward the audience expenditure, regardless of how many nights these cultural tourists actually stayed in the community. This conservative approach ensures that the audience-spending figures are not inflated by non-arts-related spending.
The Arts Retain Local Dollars
The survey also asked local resident attendees about what they would have done if the arts event that they were attending was not taking place: 52.5% of resident attendees said they would have “traveled to a different community to attend a similar cultural event.”
The cultural tourism findings on this page demonstrate the economic impact of the nonprofit arts and culture industry in its truest sense. If a community fails to provide a variety of artistic and cultural experiences, not only will it fail to attract new dollars from cultural tourists, but it will also lose the discretionary spending of its own residents who will travel elsewhere for a similar experience.
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 11 Travel Party and Demographic Characteristics of Survey Respondents
The tables below list the audience-intercept survey findings related to travel party size as well as the age, educational attainment, and household income reported by the survey respondents.
TABLE 6: Travel Party and Demographic Characteristics of Audience Survey Respondents in the City of Redlands Residents Nonresidents
Travel Party Size
Average number of adults (18 years or older) 2.48 2.45
Average number of children (younger than 18) 0.30 0.16 Average travel party size 2.79 2.61
Trip Characteristics
Average number of nights spent away from home as a result of arts event 0.15 0.37 Percentage with any nights spent away from home as a result of arts event 7.1% 21.4% Percentage attending the arts event or facility (where they were surveyed) for the first time 15.5% 20.2%
Age of Survey Respondents (note: per the study methdology, valid surveys are administered to adults only) 18-34 9.7% 17.1%
35-44 10.4% 5.4%
45-54 13.0% 10.9%
55-64 22.7% 26.4%
65 or Older 44.3% 40.3%
Educational Attainment of Survey Respondents
Less than high school 0.5% 0.0%
High school 8.0% 12.4%
2-year college/technical/associates degree 17.2% 21.7%
4-year college/bachelors degree 34.6% 30.2%
Masters degree 30.3% 25.6%
Doctoral degree 9.4% 10.1%
Annual Household Income of Survey Respondents
Less than $40,000 9.0% 10.5%
$40,000 to $59,999 10.3% 14.9%
$60,000 to $79,999 13.5% 15.8%
$80,000 to $99,999 15.1% 15.8%
$100,000 to $119,999 16.6% 13.2%
$120,000 or More 35.6% 29.8%
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12 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 The Effect of the COVID-19 Pandemic on this Redlands’ Analysis
It is important for the researchers to acknowledge that City of Redlands initiated this economic impact study in June 2019—and that the data collection continued throughout the COVID-19 pandemic that began in March 2020.
Audience-Intercept Surveys
Pre-pandemic, a total of 235 audience-intercept surveys were collected during the period from June 29, 2019 through March 3, 2020.
After a delay due to the onset of the pandemic, an additional 473 audience-intercept surveys were collected during the period from June 29, 2021 through August 15, 2021. The researchers compared the surveys that were collected before and after the onset of the COVID-19 pandemic. The average per person event-related expenditure calculated using the surveys that were collected before the pandemic was $24.28. The average dropped modestly to $22.74 when calculated using the surveys that were collected after the onset of the pandemic (a difference of $1.54 per person).
Organizational Budget and Attendance Surveys
On September 14, 2021, an organizational budget and attendance survey was distributed by email to a list of 26 eligible nonprofit arts and culture organizations that are in the City of Redlands.
The list was compiled by the City of Redlands Arts Commission/Department of Facilities and Community Services.
The survey requested 2019-2022 budget and attendance trends, as well as projected/anticipated staffing levels and volunteerism during FY2022.
During the following five weeks, several survey reminders were sent to nonresponding organizations. Once the survey efforts were exhausted, the Cultural Arts Commission launched an effort to encourage and solicit the participation of the nonresponding organizations. By January 10, 2022, a final total of 14 organizations had fully participated in the survey (53.8%).
TABLE 7: Budget and Attendance Patterns of Participating Nonprofit Arts and Culture Organizations in the City of Redlands from 2019 to 2022 (projected)
2019 2020 2021 2022 (projected)
Aggregate Expenditures $8,276,850 $7,958,771 $8,216,780 $8,611,119 Percentage of Change -3.8% 3.2% 4.8%
In-Person/Physical Attendance 141,492 73,354 110,202 146,250 Percentage of Change -48.2% 50.2% 32.7%
Virtual/Online Attendance 8,315 56,405 50,150 36,450
Percentage of Change 578.4% -11.1% -27.3%
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 13 As one would expect, in-person attendance experienced an immediate decline as a result of the pandemic (from 141,491 in 2019 to 73,354 in 2020, a decline of -48%). However, in-person attendance in 2022 is projected to reach 146,250, exceeding its pre-pandemic cohort. It is notable that virtual attendance to cultural programming grew nearly seven-fold upon the onset of the pandemic (from 8,315 in 2019 to 56,405 in 2020, an increase of 578%). This is similar to trends identified in national COVID impact research efforts. Virtual attendance is projected to remain four times higher in 2022 than it was pre-pandemic (36,450 vs. 8,315), suggesting that Redlands’ nonprofit arts and culture organizations are finding ways to continue leveraging investments in technology that were spurred by the pandemic.
Research Note
The organizational survey did not collect itemized sources of revenue. As a result, researchers are unable to address the potential effects of federal, state, and/or local pandemic recovery funding such as the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) on the trend data below.
"As a banker, I have visited businesses in almost every city and town in my state. There is a visible difference in places with a vibrant arts community. I see people looking for places to park, stores staying open late, and restaurants packed with diners. The business day is extended, and the cash registers are ringing!"
— Ken Fergeson, Chairman, NBC Oklahoma
Past President, American Bankers Association (2017)
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14 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Conclusion
The nonprofit arts and culture sector is a $14.2 million industry in the City of Redlands— one that supports 416 full-time equivalent jobs and generates $1.3 million in local and state government revenue.
Nonprofit arts and culture organizations are businesses in their own right. They will spend $10.8 million during fical year 2022 to employ people locally, purchase goods and services from local establishments, and attract tourists. They also will leverage a remarkable $3.4 million in additional spending by cultural audiences— spending that pumps vital revenue into restaurants, hotels, retail stores, parking garages, and other local businesses.
This study puts to rest a misconception that communities support arts and culture at the expense of local economic development. In fact, communities that support the arts and culture are investing in an industry that supports jobs, generates government revenue, and is the cornerstone of tourism. This Arts & Economic Prosperity 5 study shows conclusively that the arts mean business in the City of Redlands!
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Arts & Economic Prosperity 5 | Americans for the Arts 15 The Arts & Economic Prosperity 5 Calculator
To make it easier to compare the economic impacts of different organizations within the City of Redlands (or to calculate updated estimates in the immediate years ahead), the project researchers calculated the economic impact per $100,000 of direct spending by nonprofit arts and culture organizations and their audiences.
Economic Impact Per $100,000 of Direct Spending by ORGANIZATIONS
For every $100,000 in direct spending by a nonprofit arts and culture organization in the City of Redlands, there was the following total economic impact.
An Example of How to Use the Organizational Spending Calculator Table (above):
An administrator from a nonprofit arts and culture organization that has total expenditures of $250,000 wants to determine the organization’s total economic impact on full-time equivalent (FTE) employment in the City of Redlands. The administrator would:
1. Determine the amount spent by the nonprofit arts and culture organization.
2. Divide the total expenditure by 100,000.
3. Multiply that figure by the FTE employment ratio per $100,000 for the City of Redlands.
Thus, $250,000 divided by 100,000 equals 2.5; 2.5 times 2.96 (from the top row of data on Table 1 above) equals a total of 7.4 full-time equivalent jobs supported (both directly and indirectly) within the City of Redlands by that nonprofit arts and culture organization. Using the same procedure, the estimate can be calculated for resident household income as well as for local and state government revenue.
TABLE 7:
Ratios of Economic Impact Per $100,000 of Direct Spending by Nonprofit Arts and Culture Organizations in the City of Redlands
City of Redlands
Median of
Similar Study Regions
Pop. = 50,000 to 99,999 National Median
Full-Time Equivalent Jobs 2.96 3.37 3.52
Resident Household Income $71,881 $70,053 $74,554
Local Government Revenue $4,167 $3,382 $3,563
State Government Revenue $4,744 $4,843 $4,891
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16 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Economic Impact Per $100,000 of Direct Spending by AUDIENCES
The economic impact of event-related spending by arts audiences can also be derived for an individual organization or groups of organizations in the City of Redlands.
The first step is to determine the total estimated event-related spending by attendees who are residents of San Bernardino County. To derive this figure, first multiply the total attendance by the percentage of attendees that are residents. Then, multiply the result by the average per person event-related expenditure by resident attendees. The result is the total estimated event-related spending by resident attendees.
The second step is to do the same for nonresidents of San Bernardino County. To derive this figure, first multiply the total attendance by the percentage of attendees that are nonresidents. Then, multiply the result by the average per person event-related expenditure by nonresident attendees. The result is the total estimated event-related spending by nonresident attendees.
Then, add the results from the first two steps together to calculate the total estimated event-related audience spending. Finally, the ratios of economic impact per $100,000 in direct spending can then be used to determine the total economic impact of the total estimated audience spending.
TABLE 8: Audience Spending Ratios for the Arts & Economic Prosperity 5 Calculator in the City of Redlands (excluding the cost of event admission) Residents Nonresidents
Percent of Attendees 81.5% 18.5%
Average Per Person Event-Related Expenditures $20.85 $33.77 TABLE 9:
Ratios of Economic Impact Per $100,000 of Direct Spending by Nonprofit Arts and Culture Audiences in the City of Redlands
City of Redlands
Median of
Similar Study Regions
Pop. = 50,000 to 99,999 National Median
Full-Time Equivalent Jobs 2.83 2.38 2.46
Resident Household Income $49,892 $51,123 $52,101
Local Government Revenue $4,635 $4,195 $4,449
State Government Revenue $6,313 $5,591 $5,692
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 17 An Example of How to Use the Audience Spending Calculator Tables (on the preceding page):
An administrator wants to determine the total economic impact of the 25,000 total attendees to his/her organization’s nonprofit arts and culture events on full-time equivalent (FTE) employment in the City of Redlands. The administrator would:
1. Multiply the total attendance by the percentage of attendees that are residents.
2. Multiply the result of step 1 by the average per person event-related expenditure for residents.
3. Multiply the total attendance by the percentage of attendees that are nonresidents.
4. Multiply the result of step 3 by the average per person event-related expenditure for nonresidents.
5. Sum the results of steps 2 and 4 to calculate the total estimated event-related audience spending.
6. Divide the resulting total estimated audience spending by 100,000.
7. Multiply that figure by the FTE employment ratio per $100,000 for the City of Redlands.
Thus, 25,000 times 81.5% (from Table 8 on the preceding page) equals 20,375; 20,375 times $20.85 (from Table 8) equals $424,819; 25,000 times 18.5% (from Table 8) equals 4,625; 4,625 times $33.77 equals $156,186; $424,819 plus $156,186 equals $581,005, $581,005 divided by 100,000 equals 5.81; 5.81 times 2.83 (from the top row of data on Table 9 on the preceding page) equals a total of 16.4 full-time equivalent jobs supported (both directly and indirectly) within the City of Redlands by that nonprofit arts and culture organization. Using the same procedure, the estimate can be calculated for resident household income as well as for local and state government revenue.
Making Comparisons with Similar Study Regions
For the purpose of this analysis and unique report, the geographic region being studied is defined as the City of Redlands, California. According to the most recent data available from the U.S. Census Bureau, the population of the City of Redlands was estimated to be 71,554. For comparison purposes, 458 pages of detailed data tables containing the study results for all 341 participating study regions are located in Appendix B of the National Statistical Report. The data tables are stratified by population, making it easy to compare the findings for the City of Redlands to the findings for similarly populated study regions (as well as any other participating study regions that are considered valid comparison cohorts).
The National Statistical Report (more than 500 pages in length), National Summary Report, and National Brochure are available for download (free). All documents and resources can be found online at www.AmericansForTheArts.org/EconomicImpact.
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18 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 About This Study
The national Arts & Economic Prosperity 5 study was conducted by Americans for the Arts to document the economic impact of the nonprofit arts and culture industry during fiscal year 2015 in 341 communities and regions (113 cities, 115 counties, 81 multi-city or multi-county regions, 20 states, and 12 individual arts districts)— representing all 50 U.S. states and the District of Columbia.
The diverse local communities ranged in population
(1,500 to four million) and type (rural to urban).
The study focused solely on nonprofit arts and
culture organizations and their audiences. The study
excluded spending by individual artists and the for-
profit arts and entertainment sector (e.g., Broadway
or the motion picture industry). Detailed
expenditure data were collected from 14,439 arts
and culture organizations and 212,691 of their
attendees. The project economists, from the
Georgia Institute of Technology, customized input-
output models for each participating study region to
provide specific and reliable economic impact data
about their nonprofit arts and culture industry: full-
time equivalent jobs, household income, and local
and state government revenue.
The 250 Local, Regional, and
Statewide Study Partners
Americans for the Arts published a Call for
Participants in 2015 seeking communities interested
in participating in the Arts & Economic Prosperity
5 study. Of the more than 300 potential partners
that expressed interest, 250 local, regional, and
statewide organizations agreed to participate and
complete four participation criteria: identify and
code the universe of nonprofit arts and culture
organizations in their study region; assist
researchers with the collection of detailed financial
and attendance data from those organizations;
conduct audience-intercept surveys at cultural
events; and pay a modest cost-sharing fee (no
community was refused participation for an
inability to pay). Thirty of the 250 partners included
multiple study regions as part of their AEP5
participation (e.g., a county as well as a specific city located within the county). As a result, the 250 local, regional, and statewide organizations represent a total of 341 participating study regions.
With the approval of the City Council of the City
of Redlands, the Cultural Arts Commission
contracted with Americans for the Arts to conduct
a separate economic impact analysis focused solely
on the nonprofit arts and culture industry in the
City of Redlands. The methodology used is identical
to the national study methodology, making it possible
to compare the results for the City of Redlands with
those of the national study participants.
Surveys of Nonprofit Arts and
Culture ORGANIZATIONS
Each of the 250 study partners identified the universe
of nonprofit arts and culture organizations that are
located in their region(s) using the Urban Institute’s
National Taxonomy of Exempt Entity (NTEE)
coding system as a guideline. The NTEE system—
developed by the National Center for Charitable
Statistics at the Urban Institute—is a definitive
classification system for nonprofit organizations
recognized as tax exempt by the Internal Revenue
Code. This system divides the entire universe of
nonprofit organizations into 10 Major categories,
including “Arts, Culture, and Humanities.” The
Urban Institute reports that approximately 100,000
nonprofit arts and culture organizations were
registered with the IRS in 2015.
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 19 The following NTEE “Arts, Culture, and
Humanities” subcategories were included in this
study:
A01 – Alliances and Advocacy
A02 – Management and Technical Assistance
A03 – Professional Societies and Associations
A05 – Research Institutes and Public Policy Analysis
A11 – Single Organization Support
A12 – Fund Raising and Fund Distribution
A19 – Support (not elsewhere classified)
A20 – Arts and Culture (general)
A23 – Cultural and Ethnic Awareness
A24 – Folk Arts
A25 – Arts Education
A26 – Arts and Humanities Councils and Agencies
A27 – Community Celebrations
A30 – Media and Communications (general)
A31 – Film and Video
A32 – Television
A33 – Printing and Publishing
A34 – Radio
A40 – Visual Arts (general)
A50 – Museums (general)
A51 – Art Museums
A52 – Children’s Museums
A53 – Folk Arts Museums
A54 – History Museums
A56 – Natural History and Natural Science Museums
A57 – Science and Technology Museums
A60 – Performing Arts (general)
A61 – Performing Arts Centers
A62 – Dance
A63 – Ballet
A65 – Theatre
A68 – Music
A69 – Symphony Orchestras
A6A – Opera
A6B – Singing and Choral Groups
A6C – Bands and Ensembles
A6E – Performing Arts Schools
A70 – Humanities (general)
A80 – Historical Organizations (general)
A82 – Historical Societies and Historic Preservation
A84 – Commemorative Events
A90 – Arts Services (general)
A99 – Arts, Culture, and Humanities (miscellaneous)
In addition to the organization types listed in the
column to the left, the study partners were
encouraged to include other types of eligible
organizations if they play a substantial role in the
cultural life of the community or if their primary
purpose is to promote participation in, appreciation
for, and understanding of the visual, performing, folk, literary arts, and/or media arts. These include
government-owned and government-operated cultural
facilities and institutions, municipal arts agencies and councils, private community arts organizations,
unincorporated arts groups, living collections (such
as zoos, aquariums, and botanical gardens),
university presenters and cultural facilities, and arts programs that are embedded under the umbrella of a
nonarts organization or facility (such as a community
center or church). In short, if it displays the
characteristics of a nonprofit arts and culture
organization, it is included. With rare exception, for- profit businesses and individual artists are excluded
from this study.
To collect the required financial and attendance
information from eligible organizations, researchers
implemented a multipronged data collection process.
Americans for the Arts partnered with DataArts to
collect detailed budget and attendance information
about each organization’s fiscal year that ended in
2015. DataArts’ Cultural Data Profile (CDP) is a
unique system that enables arts and culture
organizations to enter financial, programmatic, and
operational data into a standardized online form. To
reduce the survey response burden on participating
organizations, and because the CDP collects the
detailed information required for this economic
impact analysis, researchers used confidential CDP
data as the primary organizational data collection
mechanism for the Arts & Economic Prosperity 5
study. This primary data collection effort was
supplemented with an abbreviated one-page paper
version of the survey that was administered to
organizations that did not respond to the CDP survey.
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20 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Nationally, information was collected from 14,439
eligible organizations about their fiscal year 2015
expenditures, event attendance, in-kind
contributions, and volunteerism. Responding
organizations had budgets ranging from $0 to $785
million (Smithsonian Institution). Response rates
for the 341 communities ranged from 9.5 percent to
100 percent and averaged 54.0 percent.
To complete this separate analysis for the City of
Redlands, the City of Redlands Cultural Arts
Commission identified a total of 26 eligible
nonprofit arts and culture organizations using
the preceding definition. Fourteen of the 26
organizations participated in this study—a
53.8% response rate. It is important to note that
this study’s results are based solely on the actual
survey data collected. No estimates have been made
to account for nonparticipating eligible
organizations. Therefore, the less-than-100%
response rates suggest an understatement of the
economic impact findings.
Surveys of Nonprofit Arts and
Culture AUDIENCES
Audience-intercept surveying, a common and
accepted research method, was conducted in all 341
of the study regions to measure event-related
spending by nonprofit arts and culture audiences.
Patrons were asked to complete a short survey
while attending an event. Nationally, a total of
212,691 attendees completed a valid survey. The
randomly selected respondents provided itemized
expenditure data on attendance-related activities
such as meals, retail shopping (e.g., gifts and
souvenirs), local transportation, and lodging. Data
were collected throughout 2016 (to account for
seasonality) as well as at a broad range of both paid
and free events (a night at the opera will typically
yield more audience spending than a weekend
children’s theater production or a free community
music festival, for example). The survey
respondents provided information about the entire
party with whom they were attending the event. With
an overall average travel party size of 2.56 people,
these data actually represent the spending patterns of
more than 544,489 cultural attendees.
To complete this separate analysis for the City of
Redlands, a total of 708 valid audience-intercept
surveys were collected from in-person attendees to
arts and culture performances, events, exhibits,
experiences, and facilities that took place in the
City of Redlands during the period from June
2019 to August 2021.
Economic Analysis
A common theory of community growth is that an
area must export goods and services if it is to prosper economically. This theory is called economic-base
theory, and it depends on dividing the economy into
two sectors: the export sector and the local sector.
Exporters, such as automobile manufacturers, hotels,
and department stores, obtain income from customers
outside of the community. This “export income” then
enters the local economy in the form of salaries,
purchases of materials, dividends, and so forth, and
becomes income to residents. Much of it is respent
locally; some, however, is spent for goods imported
from outside of the community. The dollars respent
locally have an economic impact as they continue to
circulate through the local economy. This theory
applies to arts organizations as well as to other
producers.
Studying Economic Impact Using
Input-Output Analysis
To derive the most reliable economic impact data,
input-output analysis is used to measure the impact of
expenditures by nonprofit arts and culture
organizations and their audiences. This is a highly
regarded type of economic analysis that has been the
basis for two Nobel Prizes. The models are systems
of mathematical equations that combine statistical
methods and economic theory in an area of study
called econometrics. They trace how many times a
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 21 dollar is respent within the local economy before it
leaks out, and it quantifies the economic impact of
each round of spending. This form of economic
analysis is well suited for this study because it can
be customized specifically to each study region.
To complete the analysis for the City of
Redlands, project economists customized an
input-output model based on the local dollar
flow among 533 finely detailed industries within
the unique economy of San Bernardino County.
This was accomplished by using detailed data on
employment, incomes, and government revenues
provided by the U.S. Department of Commerce
(County Business Patterns, the Regional Economic
Information System, and the Survey of State and
Local Finance), local tax data (sales taxes, property
taxes, and miscellaneous local option taxes), as well
as the survey data from the responding nonprofit
arts and culture organizations and their audiences.
The Input-Output Process
The input-output model is based on a table of 533
finely detailed industries showing local sales and
purchases. The local and state economy of each
community is researched so the table can be
customized for each community. The basic
purchase patterns for local industries are derived
from a similar table for the U.S. economy for 2012
(the latest detailed data available from the U.S.
Department of Commerce). The table is first
reduced to reflect the unique size and industry mix
of the local economy, based on data from County
Business Patterns and the Regional Economic
Information System of the U.S. Department of
Commerce. It is then adjusted so that only
transactions with local businesses are recorded in
the inter-industry part of the table. This technique
compares supply and demand and estimates the
additional imports or exports required to make total
supply equal total demand. The resulting table
shows the detailed sales and purchase patterns of
the local industries. The 533-industry table is then
aggregated to reflect the general activities of 32
industries plus local households, creating a total of 33 industries. To trace changes in the economy, each
column is converted to show the direct requirements
per dollar of gross output for each sector. This direct- requirements table represents the “recipe” for
producing the output of each industry.
The economic impact figures for Arts & Economic
Prosperity 5 were computed using what is called an
“iterative” procedure. This process uses the sum of a
power series to approximate the solution to the
economic model. This is what the process looks like
in matrix algebra:
T = IX + AX + A
2X + A3X + ... + AnX.
T is the solution, a column vector of changes in each
industry’s outputs caused by the changes represented
in the column vector X. A is the 33 by 33 direct-
requirements matrix. This equation is used to trace
the direct expenditures attributable to nonprofit arts
organizations and their audiences. A multiplier effect
table is produced that displays the results of this
equation. The total column is T. The initial
expenditure to be traced is IX (I is the identity matrix, which is operationally equivalent to the number 1 in
ordinary algebra). Round 1 is AX, the result of
multiplying the matrix A by the vector X (the outputs
required of each supplier to produce the goods and
services purchased in the initial change under study).
Round 2 is A2X, which is the result of multiplying
the matrix A by Round 1 (it answers the same
question applied to Round 1: “What are the outputs
required of each supplier to produce the goods and
services purchased in Round 1 of this chain of
events?”). Each of columns 1 through 12 in the
multiplier effects table represents one of the elements in the continuing but diminishing chain of
expenditures on the right side of the equation. Their
sum, T, represents the total production required in the local economy in response to arts activities.
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22 AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 Calculation of the total impact of the nonprofit arts
on the outputs of other industries (T) can now be
converted to impacts on the final incomes to
residents by multiplying the outputs produced by
the ratios of household income to output and
employment to output. Thus, the employment
impact of changes in outputs due to arts
expenditures is calculated by multiplying elements
in the column of total outputs by the ratio of
employment to output for the 32 industries in the
region. Changes in household incomes, local
government revenues, and state government
revenues due to nonprofit arts expenditures are
similarly transformed. The same process is also
used to show the direct impact on incomes and
revenues associated with the column of direct local
expenditures.
A comprehensive description of the methodology
used to complete the national study is available at
www.AmericansForTheArts.org/EconomicImpact
.
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AMERICANS FOR THE ARTS | Arts & Economic Prosperity 5 23 Frequently Used Terms
Cultural Tourism
Travel directed toward experiencing the arts, heritage, and special character of a place.
Direct Economic Impact
A measure of the economic effect of the initial expenditure within a community. For example, when the symphony pays its players, each musician’s salary, the associated government taxes, and full-time equivalent employment status represent the direct economic impact.
Direct Expenditures
The first round of expenditures in the economic cycle. A paycheck from the symphony to the violin player and a ballet company’s purchase of dance shoes are examples of direct expenditures.
Econometrics
The process of using statistical methods and economic theory to develop a system of mathematical equations that measures the flow of dollars between local industries. The input-output model developed for this study is an example of an econometric model.
Econometrician
An economist who designs, builds, and maintains econometric models.
Full-Time Equivalent (FTE) Jobs
A term that describes the total amount of labor employed. Economists measure FTE jobs—not the total number of employees—because it is a more accurate measure of total emplo yment. It is a manager’s discretion to hire one full-time employee, two half-time employees, four quarter-time employees, etc. Almost always, more people are affected than are reflected in the number of FTE jobs reported due to the abundance of part-time employment, especially in the nonprofit arts and culture industry.
Indirect and Induced Economic Impact
This study measures the economic impact of the arts using a methodology that enables economists to track how many times a dollar is respent within the local economy, and thus to measure the economic impact generated by each round of spending. When a theater company purchases paint from the local hardware store, there is a measurable economic effect of that initial expenditure within a community. However, the economic benefits typically do not end there, because the hardware store uses some of its income to pay the clerk that sold the paint, as well as to pay its electric bill and to re-stock the shelves. The indirect and induced economic impacts are the effects of the subsequent rounds of spending by businesses and individuals, respectively. (See the example on