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

REDLANDS PASSENGER RAIL PROJECT
R. KLOVSKY
San Bernardino County Transportation Authority
2280 Market Street, Suite 100
Riverside, CA 92501-2110
(951) 320-7300
HDR
17-1001705
J. SONG
No. 71849
CIVIL
RO P F
ON

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
503 504 505 506
8 9
10 11
12 13
N
No. REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570
CONSTRUCTION NOTES:
9'
32'
32'
REMOVAL NOTES:
5'
9'
7'
5'

ORIENTAL
AVENUE
WEST

STUART AVENUE
7'
20 0 20 40
SCALE: 1"=20'
> MT
1"=20'
CR86101

ROADWAY IMPROVEMENT
5'

NORTH EUREKA STREET

(50'R/W)
WV

WV
3 4.50' LT
10+99.08 PRC

0.5'R

0.5'R
No. R

CURVE DATA
T L
1 2.00 160°30'18" 5.60
2 11.64

73.97 23°39'44" 15.50 30.55
3 167°49'42"
2 LAYOUT

EX SBCTA R/W

EX CITY R/W

EX CITY R/W
32'
30'

PROTECT IN PLACE
3 4
5 SAWCUT EXISTING PAVEMENT
10 14
21 10
4 3
5 21
5 5
14 14
4 4
3 10
5 3
14 4
3 5
21 1 REMOVE EXISTING AC PAVEMENT
3 4 REMOVE EXISTING CURB & GUTTER
5 REMOVE EXISTING SIDEWALK
10 4
3 4
1 10
1 5
10 5
10 10
1 4
3 1
4 2
2 2
25 25
2 ADJUST TO GRADE, ITEM PER PLAN
49 INSTALL SIGNAL HOUSE
49 1

REMOVE EXISTING RAILROAD SIGNAL
N89°44'56"E
N26°43'45"W
5'
10+07.94 PRC
8+16.04 BC
5 12+27.69 PRC
6 4 27°29'19"
5 6 900.00 11°50'52"
400.00
1300.00

97.84 191.91
9°41'06" 110.13 219.74

93.39 186.10
5'

5'
5'

PROP EASEMENT

PROP SBCTA R/W

JOIN EXIST

END C&G, SWK & PVMT
STA 10+70.00, 32.00' RT

JOIN EXIST

END C&G, SWK & PVMT
STA 10+70.00, 32.00' LT

PROP EASEMENT
> DRWY, W=12'
STA 10+32.34

EX SBCTA R/W EX SBCTA R/W

SEE DRAINAGE PLANS FOR DET
CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN NO. 120-2

REMOVE EXISTING CURB
16 REMOVE EXISTING CONCRETE PANEL
16 16
55 16
16 PROP EASEMENT

FOR SWK DESIGN

SEE STATION PLATFORM PLANS

TREE

PB
LPL

PER UTIL PLANS

RELOCATE WATER AIR VAC

SEE TRACK PLANS FOR DET (TYP)

SEE FENCING PLANS FOR DET (TYP)
3 1

SIGN

TREE
SIGN

BUSINESS
TREE

(39.50'R/W)
1 16
16 16
1 5
21 1
1 18
18 21
2 1
1 24
1 1
1 24
3 SIGN
1 PROP TCE

PROP TCE

PROP SBCTA R/W

PROP TCE
NORTH EUREKA STREET - MP 65.36 (8.63)

PER ELEC PLANS

RELOCATE METERING PEDESTAL
HOUSE
SIGNAL

PEDESTALS

METERING
1 CONTROLLER
IRRI

2 PB

TRAFFIC

4.50' LT
STA 9+25.56 PCC

JOIN EXIST

BEG PVMT
STA 8+90.00, 5.50' LT

JOIN EXIST

BEG C&G, SWK & PVMT
STA 9+20.00, 32.00' LT
4 BEG MED

0.61' RT
STA 8+95.80 PCC

BEG MED

4.50' RT
STA 8+96.47 PRC
1 LPL
1 UPLIGHT
1 UPLIGHT
2 UPLIGHT

END MED
9+79.11

BEG MED
9+99.13
18 MP 65.36 (8.63)
STA > MT = 504+34.97
> EUREKA STREET = 9+89.12

RELOCATE BLOWOFF PER UTIL PLANS
5 24 REMOVE AND SALVAGE EXISTING SIGN
12 12
12 FOR SWK DESIGN

SEE STATION PLATFORM PLANS

SEE SIGNAL PLANS FOR DET (TYP)
ELEV PER SHEET CR86102

PROP PB (TYP)
TOF = 1337.4'

RAILROAD ANTENNA
PAD = 1337.4'
14'x10'

JOIN EXIST

BEG C&G, SWK & PVMT
STA 8+90.00, 32.00' RT
DOT 027240K, CPUC 101 SG-65.36
55 SEE ELEC PLANS
STA 10+89.00

4.50' RT
STA 10+64.87 PRC

1.88' RT
STA 10+88.48 EC

JOIN EXIST

END PVMT
STA 11+20.00,5.50'RT

JOIN EXIST

END PVMT
STA 11+20.00, 5.50'LT
11 10 9
7 1304.50
8 13°40'46"
9 10
11 11°44'03"
1295.50 49.63
7°37'51" 26.98

40.64 2.00 18.76 5.86
100.00 11.99 23.88
4°23'15" 99.21
2°52'16" 32.69 65.37
404.50 53.87
395.50 81.00
VAC
AIR
2 WV
BFP
IRRI
2 PB

REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS

REMOVE EXISTING LANDSCAPING AND IRRIGATION
9 REMOVE AND SALVAGE EXISTING STREET LIGHT
9 SHEET CR00006

CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER FILL OVER 95% COMPACTED NATIVE MATERIAL
CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND NO. 120-2
CONSTRUCT 8" HIGH TYPE A2-8 CURB AND GUTTER PER SPPWC STD PLAN STD ES4011

CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING 7 8
3 0.54' LT
STA 10+99.50 EC
1 5
113-2, AND PER DETAIL A SHEET CR00006
CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2 AND

PLANS FOR DETAILS

SEE SITE STATION
COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY 34'

INSTALL STREET LIGHT PER ELECTRICAL PLANS

1 07-19-19 ADDED CITY SIGNATURE TJ SG
1 Redlands Regular Meeting of 07-19-22 269 of 974
REV. DATE APP.

BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
3/5/2020 9:37:22 AMpw:\\pwappsac01:California_Sacram ento\Docum ents\SCRRA\CAD_STD\SCRRA_HYBRID\PenTable\PlotStam pc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltpw:\\pwappsac01:California_Sacram ento\Docum ents\SANBAG\SANBAG_RPRP_Final_Design\SANBAG_RPRP_Final_Design\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06b_CIVIL USER = TJACQUES

REDLANDS PASSENGER RAIL PROJECT
5-18-2018
R. KLOVSKY
San Bernardino County Transportation Authority
17-1001705
2280 Market Street, Suite 100
Riverside, CA 92501-2110
(951) 320-7300
HDR No.

Exp.

CIVIL

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
THOMAS B.

JACQUES
C63769
9-30-2020

0 02-06-19 CONFORMED TJ SG
1350
A/C 6x6
PB
PB
PB
PC
LVM
510 511 512
510+00 510+50 511+00 511+50 512+00
(MP 8.77)

65.50 MP
511+95
510+00 510+25 510+50 510+75 511+00 511+25 511+50 511+75 512+00 N
SEE NOTE 2
SEE NOTE 5

EX SBCTA R/W

PROP EASEMENT

JOIN IMPROVEMENTS BY OTHERS

IMPROVEMENTS BY OTHERS
6'

35.28'

STA 511+00.10, 11.81'RT
R/W
SBCTA
PROP
STA 511+24.10, 12.20'LT
6' (TYP)
1'(TYP)
1"=10'
CS87103

10 0 10 20
SCALE: 1"=10'
J.K. ANDRES
L. HERNANDEZ
A. SHAH

SITE PLAN
D
CS87402
CONSTRUCTION NOTES:

INSTALL ADA DETECTABLE WARNING SURFACE (RAISED TRUNCATED DOME PER SCRRA ES3203) INSTALL PEDESTRIAN SWING GATE PER SCRRA ENGINEERING STD 4002, LAYOUT PER PLAN 211
214
215
223
23 12
GENERAL NOTES:
203 LIGHTING - SEE ELECTRICAL
204 RETAINING WALL - SEE STRUCTURAL PLANS
214
215
204
CONST. 8" PLASTIC STORM DRAIN
211
SHEET 1 OF 2
13 203

5. FOR COMMUNICATIONS UTILITIES SEE COMMUNICATIONS PLANS

4. FOR ELECTRICAL IMPROVEMENTS SEE ELECTRICAL PLANS

3. FOR SIGNAL IMPROVEMENTS SEE SIGNALS PLANS

SEE TRACK GRADING AND DRAINAGE PLANS

2. FOR TRACK & OFFSITE STORM DRAIN IMPROVEMENTS

1. DMU PLATFORM INTENDED FOR USE BY RPRP
L=15'
SCRRA ENGINEERING STD ES8300, LENGTH PER PLAN
INSTALL CPUC STD NO. 9 PEDESTRIAN AUTOMATIC WARNING DEVICE WITH GATE ARM PER

DOWNTOWN REDLANDS

MATCHLINE
SEE
SHEET
CS87104
24 25
8 215
L=15'
7 214
5 18
15 16 17
19 27
20 21
STA. OFFSET DESCRIPTION ELEV

WALKWAY FS

WALKWAY FS
FS

WALKWAY FS
FS
FS
FS
FS
FS
FS
FS

5 6
7 12 WALKWAY 1349.27
13 1349.59
15 16
17 18
19 20
21 STORMDRAIN INV

UTILITY

UTILITY
1350.29
1350.49
1350.52
1351.03
1350.29
1350.38
1350.49
1343.80
1347.58
22 23 GATE FS
24 25
26 1349.19 FS
1349.38 FS
WALKWAY 1349.31 FS

PLATFORM

WALKWAY/PLATFORM
510+18.52
510+10.68
510+66.82
510+66.82
511+02.10

32.33 35.55
LT
LT

24.33 LT

5.33 LT

24.33 LT
511+22.10
511+30.72
511+30.72

15.56 21.57

34.31 LT 1349.59
1349.80
1349.67
FS
FS
FS
LT
LT
511+02.10
511+22.10

15.44 15.44
RT
RT
4 511+02.10 34.31 LT WALKWAY 1349.21 FS
27 511+64.40 12.56 LT WALKWAY 1350.20 FS
511+62.78 31.97 LT
511+75.33 31.97 LT
511+81.37 31.97 LT
511+04.75 19.06 LT
511+60.97 18.50 LT
511+67.34 18.62 LT
511+73.12 18.49 LT
6 1.7%
11 9
10 11
510+66.82
511+30.72
511+19.83 15.57

24.33 34.31 LT
LT
LT

WALKWAY

WALKWAY
1349.09
1349.83
1349.74
FS
FS
FS
26 8 511+02.10 15.56 LT WALKWAY 1349.27 FS
*
* UTILITY
* UTILITY
* UTILITY

226 INSTALL NDS 1200 NGB CATCH BASIN OR EQUIVALENT
28 510+27.21 LT 1346.00
* FLUSH TO SIDEWALK
* STORMDRAIN INV 1
1 08-02-19 DCN 01 - DRAINAGE INFO TJ
1 2
1 2
2 09-06-19 RFI 0186
2 2
510+47.38 23.50 LT
510+07.38 23.50 LT
4 2
TJ
2 LUMINAIRE

LUMINAIRE
3 511+07.80 34.33 LT LUMINAIRE
29 511+52.74 21.60 LT LUMINAIRE
30 511+97.74 21.64 LT LUMINAIRE
29 2
30 2
2 3 12-05-19 RFI 0324
3 TJ
4 4
4 4
4 4 01-15-20 TJ AS
AS
AS
AS
4 32.30
4 4
5 01-24-20 TJ AS
5 RFI 0371
5 DCN 09 CHANGES REQUESTED BY ESRI
Redlands Regular Meeting of 07-19-22 270 of 974
H
H
R R
R R
A
sph.

A
sph.

Conc.

Conc
Conc
Conc
Conc
Conc
Conc
POTS
H
W
W W
W
W
W
T
T
W
T
W
FH
W
W
REV. DATE APP. 5-18-2018 BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/7/2019 4:06:41PMpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\_PlotDRV\SANBAG_BW .tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06a_CIVIL\ROADW AY\26495-0 KCARR

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
515 516 517 515 516 517
8 9 10 11
No. N

REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570

ORANGE STREET
CONSTRUCTION NOTES:

REMOVAL NOTES:
2'
2'
26'
28'
26'
20 0 20 40
SCALE: 1"=20'
5'
> MT
WEST

STUART AVENUE

ORIENTAL AVENUE

ORANGE STREET
>
TREE
TREE
TREE
1"=20'
CR88101

ROADWAY IMPROVEMENT

(50' R/W)

0.5'R

0.5'R
28'
MH
2 0.00' RT
11+07.00 EC

2.00' LT
8+85.00 BC
1 0.00' RT
8+85.00 EC
No. R T L
1 1.00 180°00'00" 3.14
2 1.00 180°12'44" 3.15
-
-
LAYOUT

EX SBCTA R/W

EX CITY R/W

71.7'

1 PROTECT IN PLACE
2 3
4 5

ADJUST TO GRADE, ITEM PER PLAN

SAWCUT EXISTING PAVEMENT
10 14
45 45
14 10
5 45
1 1
1 1
4 10 5
3 2
1 3
4 14
1 5
1 REMOVE EXISTING AC PAVEMENT
2 REMOVE AND SALVAGE EXISTING BRICK PAVER
4 REMOVE EXISTING CURB & GUTTER
5 REMOVE EXISTING SIDEWALK
10 1
1 10
5 10 4
5 1
5 2
2 9
9 49 INSTALL SIGNAL HOUSE
49 REMOVE EXISTING RAILROAD SIGNAL
31 31
31 N0°19'52"W

26.00'RT, BC
STA 10+70.00

29.00'RT, PRC
STA 10+90.00
4 3 68.17 17°03'41" 10.23 20.30
4 68.17 17°03'41" 10.23 20.30

LPL
LPL
LPL
LPL
LPL
PB
1 PB
1 TREE
1 SIGN
1 WM (4)
(42.13' R/W) (42.13' R/W)

TREE 1
MH

SWK

CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN NO. 120-2 16 16
8 REMOVE EXISTING POLE/BOLLARD
1 8
47 47 RELOCATE FIRE HYDRANT PER UTILITY PLANS
1 16 REMOVE EXISTING CONCRETE PANEL
44 INSTALL NON-REMOVABLE BOLLARDS PER SHEET CR00006
44 1
1 18
18 18
18 18
(42.13'R/W) (42.13'R/W)
3 SWK
1 3

SWK
1 1
PB

14 14
1 5
3 45
WV 2
45 2
PB
TREE
1 2 TOTAL
1 1
TREE
3 2
MH
PB
2 MH
5 5
6 6

12.5'
18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
18 8
8 ORANGE STREET - MP 65.57 (8.84)
(TYP)

PLANS FOR DET

SEE SIGNAL
CR88102

ELEV PER SHEET

PROP PB (TYP)
PAD = 1359.4'
14'x10'
TOF = 1360.0'

RAILROAD ANTENNA
DOT 027242Y, CPUC 101 SG-65.57
CASE B

END MED
9+79.12

BEG MED
9+99.12
10 HEADER

CONCRETE

5.00 90°00'00" 5.00 7.85

7 5.00 90°00'00" 5.00 7.85
7 CASE B
1 C&G
STA > ORANGE STREET = 9+89.12
STA > MT = 515+84.99
MP 65.57 (8.84)
1 CURB

END REMOVE EXIST GUTTER

JOIN EXIST

END C&G, PVMT
STA 11+10.00, 32.00' RT, EC
1 CURB
1 2.00' LT
11+07.00 BC

SEE STATION PLANS

WALKWAY TO STATION
1 CURB
CURB
1 MH
8 TEL
MH

TO DRAIN

OF LOCAL DEPRESSION

RECONSTRUCT PORTION

INSTALL LANDSCAPING AND IRRIGATION
1 1

2 3

TCE
PROP
2 2
TREE
MH
SD

DETAIL B
SEE SHT CR88301
C&G
1 JOIN EXIST

BEG PVMT
STA 8+81.00, 25.78' LT 45
1 SWK PB
1 8
9 10
11 CR88102

SEE SHT
18 1
1 PIV
FDC
1 EXIST GUTTER

BEG SAWCUT & REMOVE
STA 9+03.92, 34.32' LT

BEG C&G
STA 9+05.92, 34.32' LT
5 18

JOIN EXIST

END CURB, SWK
STA 10+30.00, 32.50' RT
1 90°00'00" 7.85
90°00'00" 9
90°00'00" 10
11 8
- -

3.00 3.00 4.71

2.00 2.00

5.00 5.00
- - 5.69

6.13 EASEMENT
PROP
INLET

END C&G

EXIST GUTTER

END SAWCUT & REMOVE
STA 9+45.89 28.00' LT
18 45
CONSTRUCT 6" HIGH TYPE A2-6 CURB AND GUTTER PER SPPWC STD PLAN NO. 120-2 CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET CR00006 29 REMOVE AND SALVAGE EXISTING LIGHTED BOLLARD
29 29
29 29
79 78
80 80
80 80
9 INSTALL BRICK PAVER, MATCH EXISTING STYLE, SIZE, COLOR & PATTERN 80 INSTALL SALVAGED LIGHTED BOLLARD
78 79
INSTALL 12" X 12" CONCRETE INLET BROOKS PRODUCT WITH TRAFFIC RATED GRATE INSTALL 4" CAST IRON PIPE
78 9
9 SEE GRADING & DRAINAGE PLANS FOR CATCH BASIN INFORMATION CONSTRUCT LOCAL DEPRESSION PER SPPWC STD PLAN NO. 313-3, CASE PER PLAN. 95% COMPACTED NATIVE MATERIAL
CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND FILL OVER R/W

EX CITY
82 INSTALL WALKWAY TURNDOWN SECTION PER DETAIL ON SHEET CR00006 4 EXIST GUTTER, PROTECT CURB

BEG SAWCUT & REMOVE

JOIN EXIST

BEG C&G, PVMT
STA 8+81.00, 26.00' RT

BEG REMOVE EXIST C&G

END REMOVE EXIST GUTTER

JOIN EXIST

BEG SWK
STA 9+55.07, 26.00' RT
4 PROTECT CURB

EXIST GUTTER,

BEG REMOVE

BEG CURB

26.00' RT
STA 10+20.00

SEE DRAINAGE PLANS
MH
2 JOIN EXIST

EXIST SWK

BEG SAWCUT & REMOVE

BEG C&G, SWK
STA 9+59.16, 28.00' LT
3 3
3 1
GUTTER
3 GUTTER
GUTTER
SEE SHT CR88301

DETAIL A
MH
SS

79 78
PB

AT CONCRETE HEADER

REMOVE AC PVMT LIMITS

3.14 2

/BEARING

LINE/CURVE DATA
N89°40'08"E
N89°41'56"E
6'
6'

49.00' LT
STA 9+59.19

49.00' LT
STA 9+79.19
COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY

22.2'
1 07-19-19 ADDED CITY SIGNATURE TJ SG
1 Redlands Regular Meeting of 07-19-22 271 of 974
R R
R R
O
b
scured
A
sph.

A
sph.

STOP
POTS
W
W
W
W
W
W
W
T
W W
FH
W
W
REV. DATE APP. 5-18-2018 BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/7/2019 4:22:36 PMpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\_PlotDRV\SANBAG_BW .tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06a_CIVIL\ROADW AY\26495-0 KCARR

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
522 523 524
8 9 10 11 12
6TH STREET
N
CONSTRUCTION NOTES:

REMOVAL NOTES:
(32'R/W)
10'
20'
32'
20 0 20 40
SCALE: 1"=20'
AVENUE
EAST
STUART
> MT
12'
>
6TH STREET
TREE
(40' R/W) (32'R/W)
TREE
FH
WALL
12'

7.5'
1"=20'
CR89101

ROADWAY IMPROVEMENT
5'
5'

BEG ISLAND
10+04.75

END ISLAND
9+84.75
(53' R/W)

0.5'R

0.5'R
2 2.06' LT
10+70.27 EC
No. R

CURVE DATA
T L
1 100.00 14°31'45" 25.36
2 12.75

2.00 165°10'41" 15.38 5.77
LAYOUT

EX SBCTA R/W

EX CITY R/W

EX CITY R/W
(25' R/W)
SWK

30.19'

6.00' LT
10+69.78 BC

1 PROTECT IN PLACE
3 4
5 SAWCUT EXISTING PAVEMENT
16 24 CONSTRUCT DRIVEWAY PER SPPWC STD PLAN NO. 110-2, TYPE B 3 14
3 4
1 1
16 5
1 1
1 16 5
45 14
4 3
16 4
3 14
5 5
21 21
1 REMOVE EXISTING AC PAVEMENT
3 4 REMOVE EXISTING CURB & GUTTER
5 REMOVE EXISTING SIDEWALK
6 10
11 REMOVE EXISTING TREE
3 1
4 1
1 4
10 11
1 1
16 10
5 1
4 24
2 2
2 ADJUST TO GRADE, ITEM PER PLAN
3 6
49 INSTALL SIGNAL HOUSE
9'

REMOVE EXISTING RAILROAD SIGNAL
11 11
N0°17'35"W
4 3

EX CITY R/W
1 STA > 6TH STREET = 9+94.75
STA > MT = 522+52.94
MP 65.70 (8.97)
1 3
5'
CURB

JOIN EXIST

BEG MED
STA 8+55.00, 6.00' RT

JOIN EXIST

BEG MED
8+55.00 6.00' LT
LPL
LPL
LPL

JOIN EXIST

END C&G, SWK & PVMT
STA 10+40.00, 32.00' LT

JOIN EXIST

END PVMT
STA 11+15.00, 8.00' LT
1 JOIN EXIST

END C&G, SWK & PVMT
STA 11+15.00, 20.00' RT

SEE ELEC PLANS
STA 10+12
32'
2'
2'
(50' R/W)

21 5

FOR DET (TYP)

SEE FENCING PLANS
21 21
4 4
14 PROP EASEMENT
CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN NO. 120-2

REMOVE EXISTING CURB
CONSTRUCT 8" HIGH TYPE A2-8 CURB AND GUTTER PER SPPWC STD PLAN NO. 120-2 16 16
16 REMOVE EXISTING CONCRETE PANEL
13 REMOVE EXISTING WALL
13 14
8 8
8 55
55 49
18 18
2 2
21 21
5 5
5'
5'
1 TREE

PROP TCE

PROP EASEMENT

EASEMENT
PROP

PROP SBCTA R/W
1 GATE

3 21°08'17" 27.99
3 150.00 55.34

BEG DIKE
STA 9+30.83, 29.97' RT
6TH STREET - MP 65.70 (8.97)
MODIFIED> DWY, W = 28'STA 10+47.00
PAD = 1372.6'
10'x8'

SEE SIGNAL PLANS FOR DET (TYP)
ELEV PER SHEET CR89102

PROP PB (TYP)
DOT 027245U, CPUC 101 SG-65.70
8 REMOVE EXISTING DRIVEWAY

REMOVE EXISTING POLE/BOLLARD

REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
5 11
8 8
8 3
MH
SEWER

N89°07'57"E

JOIN EXIST

BEG C&G, SWK & PVMT
STA 9+60.00, 32.00' LT

JOIN EXIST

BEG PVMT
STA 8+55.00, 8.00' LT

JOIN EXIST

BEG PVMT
STA 8+55.00, 8.00' RT

JOIN EXIST

BEG C&G, SWK & PVMT
STA 9+60.00, 32.00' RT

0.80' RT 21
10+59.21 EC

4.00' RT
10+34.13 BC
18 HOUSE
SIGNAL

4 3
5'
5'

4 1 DETAIL A
SEE SHT CR89301
10'
WV
2 1
MH
GTE
1 VAULT
SCE
5 60'

SIGNAL HOUSE AND FENCE

AS NECESSARY TO INSTALL

TRIM TREE AND SHRUBS
CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET CR00006 12 REMOVE EXISTING LANDSCAPING AND IRRIGATION
12 12
7 CONSTRUCT HOT MIX ASPHALT DIKE PER CALTRANS STD PLAN NO. A87B, TYPE A 7 45 INSTALL LANDSCAPING AND IRRIGATION
24 REMOVE AND SALVAGE EXISTING SIGN
24 45
45 24
45 PROTECT EXISTING WALL IN PLACE
DETAIL A SHEET CR00006
CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2 AND 113-2, AND PER No. REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570
COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY

INSTALL STREET LIGHT PER ELECTRICAL PLANS

1 07-19-19 ADDED CITY SIGNATURE TJ SG
1 Redlands Regular Meeting of 07-19-22 272 of 974
O
b
scured
A
sph.

A
sph.

W
FH
W
W
W
P
T
REV. DATE APP. 5-18-2018 BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/7/2019 4:47:11PMpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\_PlotDRV\SANBAG_BW .tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06a_CIVIL\ROADW AY\26495-0 KCARR

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
525 526 527
6 7 8 9 10 11
N
No. REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570
7TH STREET
7TH STREET
20 0 20 40
SCALE: 1"=20'
CONSTRUCTION NOTES: REMOVAL NOTES:
> MT
>
1"=20'
CR90101

STREET IMPROVEMENT
2'
2'

6'
(50'R/W)
2 1.00' LT
8+80.00 BC
1 0.5'R

0.5'R
No. R

CURVE DATA
T L
1 1.00 179°41'40" 3.14
2 374.87

1.00 179°41'40" 374.87 3.14
LAYOUT
30'

EX CITY R/W

EX SBCTA R/W

EX CITY R/W

EX CITY R/W
(50'R/W)
(54'R/W)
(27'R/W)
(54'R/W)
49 3
4 5

SAWCUT EXISTING PAVEMENT
21 21
3 5
21 21
5 3
4 21
1 REMOVE EXISTING AC PAVEMENT
4 REMOVE EXISTING CURB & GUTTER
5 REMOVE EXISTING SIDEWALK
5 4
1 1
4 5
4 49 INSTALL SIGNAL HOUSE

1.00' RT
10+95.25 EC

1.00' LT
10+95.25 BC

10 1 10
10 1
47 47 RELOCATE FIRE HYDRANT PER UTILITY PLANS
N0°18'20"W
N89°44'56"E
5 5 5

TREE

STA > 7TH STREET = 9+96.25
STA > MT = 525+82.78
MP 65.76 (9.03)

SEE ELEC PLANS
STA 10+12

JOIN EXIST

END C&G, SWK & PVMT
STA 10+35.00, 20.00' RT

LPL

FOR DET

SEE DRAINAGE PLANS
SWK6.5'

TREE

WALL

FENCE
PP

PROP EASEMENT
3 3
4 4

4 3 4

TREE
1 1
11 REMOVE EXISTING TREE
1 1 PROTECT IN PLACE
8 8
44 44
55 55
25 25
8 1
1 1
1 14
14 14
14 14 CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN NO. 120-2 1 8
18 18

2'
2'
4'

PROP TCE

EX SBCTA R/W

W=12'
> DRWY
STA 9+54
(27'R/W) (27'R/W)
8 REMOVE EXISTING POLE/BOLLARD
INSTALL NON-REMOVABLE BOLLARDS PER SHEET CR00006
18 18
18 18
24 24 REMOVE AND SALVAGE EXISTING SIGN
24 WV

SWK
7TH STREET - MP 65.76 (9.03)
PAD = 1377.0'
10'x8'

SEE SIGNAL PLANS FOR DET (TYP)
ELEV PER SHEET CR90102

PROP PB (TYP)
DOT 027246B, CPUC 101 SG-65.76
2 2
2 ADJUST TO GRADE, ITEM PER PLAN
(27'R/W)
8 TOTAL

JOIN EXIST

BEG C&G, SWK & PVMT
STA 9+40.00, 20.00' LT

TRANSFORMER

11 TRIM TREE TO R/W

EXIST

END PVMT JOIN

2.00' RT
STA 11+02.00

DETAIL A
SEE SHT CR90301

JOIN EXIST

END C&G, SWK, PVMT

20.00' LT
STA 11+02.00

18 TREE
1 BEG MED
10+06.25

END MED
9+86.25

REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
82 INSTALL WALKWAY TURNDOWN SECTION PER DETAIL ON SHEET CR00006 82 82
82 42 INSTALL METAL HAND RAILING PER SPPWC STD 606-4, TYPE PER PLAN 42 42
42 SHEET CR00006

CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SAND FILL OVER 95% COMPACTED NATIVE MATERIAL
CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" NO. 120-2
CONSTRUCT 6" HIGH TYPE A2-6 CURB AND GUTTER PER SPPWC STD PLAN STD ES4011

CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING MH
GTE

31.8'
113-2, AND PER DETAIL A SHEET CR00006
CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2 AND COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY

INSTALL STREET LIGHT PER ELECTRICAL PLANS

JOIN EXIST

BEG C&G, SWK, PVMT
STA 8+24.99, 20.00' RT
18 1.00' RT
8+80.00 EC

VAULT
ELEC

PLANS (TYP)

SEE FENCING
2 3
21 5'
2 4
4 SWK
6'
2'
3 5
1'

BEG PVMT JOIN EXIST
STA 8+24.99, 0.00' LT

1 07-19-19 ADDED CITY SIGNATURE TJ SG
1 Redlands Regular Meeting of 07-19-22 273 of 974
W
FH
W W
M
STOP
H
O
b
scured
A
sph.

Conc
Conc
Conc
W
WM
W
W
W
W
W
W
REV. DATE APP. 5-18-2018 BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/7/2019 5:04:16 PMpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\_PlotDRV\SANBAG_BW .tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06a_CIVIL\ROADW AY\26495-0 KCARR

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
531 532 533
531 532 533 531 532 533
7 8 9 10 11 12
100
101
102
N
No. REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570

1 1 08-31-19 ADDED CITY SIGNATURE TJ SG
5'
9TH STREET
9TH STREET
20 0 20 40
SCALE: 1"=20'
CONSTRUCTION NOTES:

REMOVAL NOTES:

CR91101
1"=20'

STREET IMPROVEMENT

50'
50'
MH
SEWER

(25' R/W) (25' R/W)

WV
No. R T L
1 60°22'46"
2 235°17'27"
1 2
LAYOUT
3 3 31°25'26"

EX SBCTA R/W

EX CITY R/W

EX CITY R/W EX CITY R/W

EX CITY R/W
3 4
5 SAWCUT EXISTING PAVEMENT
14 16
4 3
14 1 REMOVE EXISTING AC PAVEMENT
11 REMOVE EXISTING TREE
1 1
2 ADJUST TO GRADE, ITEM PER PLAN
2 2
8 8
8 3
4 N89°44'56"EN89°44'56"E

1 RECORD > CONSTRUCTION >
6'
12'

36.69' RT
100+92.24 EC
8 47.00'
N0°25'8"W
N31°57'24"W

W=24'

8.51'LT
101+45.
1387.11 FS 60

RADIUS POINT
8+73.73 - 18.51' LT (RECORD CL)
101+06.52 EC (CONST CL) =
7+92.81 - 0.00' LT (RECORD CL)
100+21.50 (CONST CL) =
(1387.57 FS)
7+92.82- 3.65' RT (RECORD CL)
100+21.50 BC (CONST CL) =
(1389.14 TC)

JOIN EXIST
END A1-6 CURB

91.81' RT
STA 101+51.93
STA > 9TH STREET = 10+29.53
16 CAUTION:

SEE ELEC PLANS

STREET LIGHT

PP
8 25'

INLET

SEE FENCING PLANS
12'
DOT 027247H, CPUC 101 SG-65.88
1387.48 BW

25.59' LT
STA 101+51.79
1386.98 FS

44.47' LT
STA 101+85.20
1387.25 TC

17.97' LT
100+27.17 BC

11 PROP TCE
(1388.27 FS)

JOIN EXIST PVMT

72.61' RT
STA 101+22.38
MP 65.88 (9.15)
STA > MT-1 = 532+04.35
STA > 9TH STREET = 9+96.25
4 - -
4 1385.27 TC
BEG A1-6 CURB

21.31' LT
STA 102+22.39
6 TOTAL
(1387.31 TC)

JOIN EXIST

BEG C&G, SWK

23.65' LT
STA 100+21.50
(1387.80 FS)

JOIN EXIST

BEG PVMT

22.16' RT
100+21.50
1388.23 BW
1388.73 TC

BEG CURB

51.36' RT
STA 101+14.65

76.37'
N46°11'15"E

CURVE/LINE DATA

WITH RCP PER CITY OF REDLANDS

EXISTING CMP TO BE REPLACED

BEGIN CURB

11.50' LT
STA 10+28.53

END CURB

14.50' RT
STA 10+28.53
1'
CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN NO. 120-2

REMOVE EXISTING POLE/BOLLARD
CONSTRUCT 8" HIGH TYPE A2-8 CURB AND GUTTER PER SPPWC STD PLAN NO. 120-2 CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET CR00006 5 1 PROTECT IN PLACE
1 24
24 CONSTRUCT DRIVEWAY PER SPPWC STD PLAN NO. 110-2, TYPE B 73 CONSTRUCT 6" HIGH TYPE A1-6 CURB PER SPPWC STD PLAN NO. 120-2 73 3 REMOVE EXISTING CURB
3 68 CONSTRUCT 6" PCC PAVEMENT
68 73 74
1 1
1 68
74 1
24 68
1 2
2 31
INSTALL BOLLARD PER QUICK CRETE PLAN NO. QR-13B PAINTED RAL6002 AT 5FT SPACING OFF CENTER 31 31
73 73

GRADING & DRAINAGE PLANS FOR CATCH BASIN INFORMATION
CONSTRUCT LOCAL DEPRESSION PER SPPWC STD PLAN NO. 313-3, CASE PER PLAN. SEE 9TH STREET - MP 65.88 (9.15)

END CURB

BEG C&G, SWK

39.93' RT
101+08.80
(1388.34 TC)

JOIN EXIST

EXIST CURB

END REMOVE

END CURB

64.57' RT
STA 101+27.39
47 RELOCATE FIRE HYDRANT PER UTILITY PLANS
47 FH
PIPE LINE CONNECTION.

ROCK LINED CHANNEL AND PREPARE SHOP DRAWINGS FOR
STRUCTURE WITH CONRETE LID. CONTRACTOR TO EXPOSE

EXISTING UNDERGROUND SHALLOW ROCK LINED DRAINAGE
W=24'

35.89' RT
101+24.17

WV
2 CB
1 16
16 CASE E

33.38' LT
100+81.49 PRC
CASE E
101+42.56
VAULT
WV &
(1388.42 TC)

JOIN EXIST

BEG C&G

EXIST CURB

BEG REMOVE

23.11' RT
STA 100+40.00

25.34' RT
STA 100+52.88
BOX
SD 5'
1 CURB

REMOVED BY CONTRACTOR

OF RAIL SPUR TO BE

INTERFERING PORTIONS
1387.04 TC
STA 101+46.52
> SPUR-4
> MT

40.00'
150.00'

27.34'

42.20'

49.53'
164.26'

82.27'

7.77'
21 21
DETAIL A SHEET CR00006
CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2 AND 113-2, AND PER 74 2 TOTAL
COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY Redlands Regular Meeting of 07-19-22 274 of 974
R R
R R
O
b
scure
O
d
b
scured
A
sph.

A
sph.

Conc
STOP
W
W
W
REV. DATE APP. 5-18-2018 BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/7/2019 5:08:50 PMpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\_PlotDRV\SANBAG_BW .tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06a_CIVIL\ROADW AY\26495-0 KCARR

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
541
542
543
544
8 9 10 11
N
No. REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570

1 07-19-19 ADDED CITY SIGNATURE TJ SG
1 CONSTRUCTION NOTES:

REMOVAL NOTES:

EAST

STUART AVENUE

CHURCH STREET
20 0 20 40
SCALE: 1"=20'

CHURCH STREET
5'
5'
> MT
9'
>
1"=20'
CR93101

ROADWAY IMPROVEMENT

(50' R/W)

2.00' LT
8+74.00 BC

2.00' RT
8+74.00 EC
1 2

2.00' LT
11+10.00 BC

2.00' RT
11+10.00 EC

32' 32'
STA > CHURCH STREET = 9+93.35
9'

0.5'R
PP

0.5'R
No. R

CURVE DATA
T L
1 2.00 180°00'00" 6.28
2 2.00 180°00'00" 6.28
-
-
LAYOUT
6'
SWK
1 PROTECT IN PLACE
3 4
5 SAWCUT EXISTING PAVEMENT
10 14
16 21
24 CONSTRUCT DRIVEWAY PER SPPWC STD PLAN NO. 110-2, TYPE B 3 4
21 16
10 5
5 10
21 5
4 1
1 5
16 14
3 21
5 16
14 1 REMOVE EXISTING AC PAVEMENT
4 REMOVE EXISTING CURB & GUTTER
5 REMOVE EXISTING SIDEWALK
6 10
15 5
15 10
1 1
1 4
5 1
1 10
1 5
4 4 16
24 24
15 15
6 6

49 49 INSTALL SIGNAL HOUSE

REMOVE EXISTING RAILROAD SIGNAL
31 31
31 N0°7'30"W
WV

TREE
MP 66.07 (9.34)
STA > MT = 542+26.00

12'
5'
5'
32' 32'
(40'R/W) (30'R/W)

EX CITY R/W

EX CITY R/W
14 14

PROP EASEMENT
N88°01'19"W
PP LPL

DRWY
EXIST

EX CITY R/W

JOIN EXIST

END C&G, SWK & PVMT
STA 11+20.00, 32.00' LT

EX SBCTA R/W

PROP TCE

PROP TCE
(50' R/W)

EX CITY R/W

PROP SBCTA R/W

4.50' RT AP
STA 9+40.00

4.50' LT AP
STA 9+40.00

PROP EASEMENT

EX CITY R/W
W=40'> DRWYSTA 9+24

FOR DET (TYP)

SEE FENCING PLANS

EX SBCTA R/W

EX CITY R/W

EX CITY R/W CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN NO. 120-2 2 21
11 REMOVE EXISTING TREE
11 11
1 1
11 2 ADJUST TO GRADE, ITEM PER PLAN
2 8 REMOVE EXISTING POLE/BOLLARD
8 55
1 5
(44' R/W) (44' R/W)
8 TREE
1 12'

CURB
1 1
1 WALL

1 WALL
1 FH

1 PP
1 FH

1 TREE

W=12'
> DRWY
STA 9+50

4.50' LT AP
STA 10+40.00

4.50' RT AP
STA 10+40.00
1 JOIN EXIST

END C&G, PVMT
STA 11+20.00, 32.00' RT

PROP TCE
PLANTER 5'
3 30.91'

22.50'
1 GUY
3 SWK

FOR DET (TYP)

SEE DRAINAGE PLANS
1 CURB
3 4

EX CITY R/W

EX CITY R/W
3 4
> MT

FOR DET (TYP)

SEE DRAINAGE PLANS
1 WALL

TREE
1 TREE
1 CHURCH STREET - MP 66.07 (9.34)
MODIFIED> DRWY, W=24'STA 10+47
PAD = 1408.3'
10'x8'

SEE SIGNAL PLANS FOR DET (TYP)
ELEV PER SHEET CR93102

PROP PB (TYP)
DOT 027248P, CPUC 101 SG-66.07

REMOVE EXISTING DRIVEWAY
12 REMOVE EXISTING LANDSCAPING AND IRRIGATION
18 REMOVE EXISTING RAIL EQUIPMENT PER SIGNAL PLANS
18 12
25 25 CONSTRUCT DRIVEWAY FOR MAINTENANCE ACCESS PER SCRRA ENGINEERING STD ES4011 CR00006

CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND AB PER SHEET FILL OVER 95% COMPACTED NATIVE MATERIAL
CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC OVER 4" SAND 120-2
CONSTRUCT 8" HIGH TYPE A2-8 CURB AND GUTTER PER SPPWC STD PLAN NO.

PLAN. SEE GRADING & DRAINAGE PLANS FOR CATCH BASIN INFORMATION CONSTRUCT LOCAL DEPRESSION PER SPPWC STD PLAN NO. 313-3, CASE PER 77 PROTECTION SURFACE (3" NOMINAL ROCK DIAMETER)
CONSTRUCT 5' WIDE X 8' LONG X 6" DEPTH GROUTED ROCK DRAINAGE 77 JOIN EXIST

BEG PVMT
STA 8+70.00, 6.00' RT

JOIN EXIST

BEG C&G, SWK & PVMT
STA 9+00.00, 32.00' RT

JOIN EXIST

BEG PVMT
STA 8+70.00, 6.00' LT

JOIN EXIST

BEG C&G, SWK & PVMT
STA 9+00.00, 32.00' LT

END MED
9+83.35

BEG MED
10+03.36
CASE F
CASE E

11.5'

JOIN EXIST

END SWK
STA 10+30.00, 43.50' RT
3 PIV
VAULT
WATER
32 CONSTRUCT PARKWAY DRAIN PER SPPWC STD PLAN NO. 151-2, DIMENSIONS PER PLAN 32 1
INLET
79 INSTALL 4" CAST IRON PIPE
79 DETAIL B
SEE SHT CR93301

DETAIL A
SEE SHT CR93301

PROP TCE

SEE ELEC PLANS
STA 9+63

REMOVE/RELOCATE EXISTING POWER POLE, SEE UTILITY DISPOSITION PLANS

DETAIL C
SEE SHT CR93301
55 113-2, AND PER DETAIL A SHEET CR00006
CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2 AND COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2" ASPHALT CONCRETE OVERLAY

INSTALL STREET LIGHT PER ELECTRICAL PLANS
Redlands Regular Meeting of 07-19-22 275 of 974
M
STOP
STOP
R R
O
b
scured
O
b
scured
O
b
scured
O
b
scured
A
sph.

A
sph.

Conc
Conc
R R
WM
WM
W
W
W
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REV. DATE APP. 5-18-2018 BY
SUB.

DRAWN BY

CHECKED BY

APPROVED BY
DATE
CONTRACT NO.

REVISION SHEET NO.

DRAWING NO.

SCALE
8/7/2019 5:07:38 PMpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\_PlotDRV\SANBAG_BW .tblc:\pwworking\sac\d0990737\SANBAG-11x17bw_pdf.pltcfgpw:\\pwappsac01:California_Sacram ento\Docum ents\351426\CON0102831\000000000268339\6.0_CAD_BIM\6.2_W ork_In_Progress\6.2.2 ContractFiles\RPRP_04-Contract_Files-Construction_Revisions\SheetFiles - Construction Revisions\06a_CIVIL\ROADW AY\26495-0 KCARR

ESSI AL
ER E

NE IG N

ER G SI

D RET E
T TA E
S

OF CALIFORNIA
Exp. 12/31/19
GN SO
HENG
SNIAJ
J. KUO
J. BROWN
0 02-06-19 CONFORMED TJ SG
562 563 564 565
562
563 564 565
7 8 9 10 11 12
20 21
19 N
CONSTRUCTION NOTES:

REMOVAL NOTES:

NORTH UNIVERSITY STREET
NORTH UNIVERSITY STREET 32'
9'
5'
2'
32'
5'
5'
(30'R/W)
20 0 20 40
SCALE: 1"=20'
1"=20'
CR98101

ROADWAY IMPROVEMENT

23'
No. R

CURVE DATA
T L
1 4.50 180°00'00" 14.14
2 4.50 180°00'00" 14.14
1 0.5'R

0.5'R
2 29.50'
(44' R/W)
-
-
LAYOUT
(44'R/W)
15'

EX SBCTA R/W

EX CITY R/W

EX CITY R/W
> MT-1
N0°13'41"W
5'
3 18°32'42"
4 17°40'38" 3.09
90°00'00" 15.71
6 31.88
7 99°10'11" 43.27
8 33.18
9 72°19'22" 44.18
5 150.00

10.00 10.00
220.00

25.00 229.00

35.00 8°18'08"
8°18'08"

24.49 1.55

10.00 15.97

29.36 16.62

25.58 48.55
9 5
4 3
7 8
6 AVENUE
EAST
PARK
> MT-2

60.58'

EX CITY R/W

PROP TCE

PROP EASEMENT
5'
9'
> MT-1
> MT-2

PROP SBCTA R/W

EX SBCTA R/W

PROP TCE
(69.5'R/W)
5'
(30' R/W)

PROP SBCTA R/W

SEE SIGNAL PLANS FOR DET (TYP)
ELEV PER SHEET CR98101 AND CR98102

PROP PB (TYP)

EASEMENT
PROP
N. UNIVERSITY STREET - MP 66.48 (9.75)

SEE FENCING PLANS

DETAIL B
SEE SHT CR98301

DETAIL A
TCE
PROP

EASEMENT
PROP

23.50'

18.50'

LOOP DETECTORS IN KIND

REMOVE AND REPLACE

GRADE TO DRAIN
AVENUE
PARK
EAST

9.33'
No. REG ISTERED PROFESSIONAL ENG INEER

STATE OF CALIFORNIA
CIVIL

CHRISTOPLIS

CHARLES
045570

1 07-19-19 ADDED CITY SIGNATURE TJ SG
1 STA > NORTH UNIVERSITY STREET = 9+81.49

STA > NORTH UNIVERSITY STREET = 10+00.00
STA > MT = 563+57.85
MP 66.48 (9.75)
MP 66.48 (9.75)
STA > MT-2 = 563+58.12
20+77.20
BC
21+09.08
EC
18+53.33
BC
19+01.88
EC

DOT 027250R, CPUC 101 SG-66.48

(NORTH UNIVERSITY STREET)
INT 10+54.29
= 20+00 (EAST PARK AVENUE)
(NORTH UNIVERSITY STREET)
INT 10+60.00
= 20+00 (EAST PARK AVENUE)

9.59' RT
20+94.72 BC
56 MH
SEWER
FH

4.50' LT
9+57.47 BC

4.50' RT
9+57.47 EC
MH
SEWER
MH
SEWER

4.50' RT
11+20.00 EC

4.50' LT
11+20.00 BC

PROTECT IN PLACE
3 4
5 SAWCUT EXISTING PAVEMENT
10 14
16 24
26 4
3 2
16 5
10 1
24 21
21 5
4 3
21 26
16 4
3 5
5 14
10 21
21 16
5 4
3 16 1
14 24
1 REMOVE EXISTING AC PAVEMENT
4 REMOVE EXISTING CURB & GUTTER
5 REMOVE EXISTING SIDEWALK
6 10
11 REMOVE EXISTING TREE
15 4
1 4
1 10
15 1
4 10
15 1
1 1
1 4
2 ADJUST TO GRADE, ITEM PER PLAN
16 1
15 2
2 6
6 49
49 INSTALL SIGNAL HOUSE
1 REMOVE EXISTING RAILROAD SIGNAL
11 1
1 FH
1 TREE
1 TREE
TREE
1 TREE
1 S81°03'49"E
S89°21'57"E
PP

SEE ELEC PLANS
STA 9+45
PP
4 3 14
WM
15 WV
14 3
4 TREE
1 19
3 27
44 INSTALL NON-REMOVABLE BOLLARDS PER SHEET CR00006
44 55
55 18
18 11
8 24
8 2
15 8
8 8
24 3
2 2
4 4
24 2
24 8 REMOVE EXISTING POLE/BOLLARD
24 REMOVE AND SALVAGE EXISTING SIGN

BEG SWK, JOIN EXIST
STA 9+08.00, 39.00' LT

END PVMT, JOIN EXIST
STA 18+40.00, 11.50' LT

END PVMT, JOIN EXIST
STA 18+40.00, 11.50' RT

JOIN EXIST

END C&G, PVMT
STA 11+50.00, 34.00' LT
6" AB
8" PCC
MODIFIED> DRWY, W=18'STA 9+40.00
PAD = 1445.8'
10'x8'

JOIN EXIST

BEG C&G, PVMT
STA 8+40.00, 32.00' LT

END MED
9+71.49

BEG MED
10+10.00

REMOVE EXISTING DRIVEWAY
1 6
1 6 1 6
6 27
56 CONSTRUCT PCC PAVEMENT PER PLAN
56 OVER 4" SAND FILL OVER 95% COMPACTED NATIVE MATERIAL CONSTRUCT STAMPED CONCRETE MEDIAN PAVEMENT, 4" PCC
ENGINEERING STD ES4001, DETAIL B
CONSTRUCT 8" AC PAVEMENT WITH GLASS GRID PER SCRRA
AB PER SHEET CR00006

CONSTRUCT FULL AC PAVEMENT SECTION, DEPTHS OF AC AND
STD PLAN NO. 120-2
CONSTRUCT 8" HIGH TYPE A2-8 CURB AND GUTTER PER SPPWC
STD PLAN NO. 120-2
CONSTRUCT 6" HIGH TYPE A3-6 CURB AND GUTTER PER SPPWC

SIGNAL PLANS

REMOVE EXISTING RAIL EQUIPMENT PER
CASE B, TYPE 1
CONSTRUCT CURB RAMP PER SPPWC STD PLAN NO. 111-5,
CASE A, TYPE 1
CONSTRUCT CURB RAMP PER SPPWC STD PLAN NO. 111-5,
TYPE B
CONSTRUCT DRIVEWAY PER SPPWC STD PLAN NO. 110-2,
NO. 120-2
CONSTRUCT 8" HIGH TYPE A1-8 CURB PER SPPWC STD PLAN
19 11.50' LT
19+42.40
ECR
11 1
TREE
VAC
AIR
2 2
SIGN
1 SEE SHT CR98301
2 VAULT
3 2
> DRWY, W=16'
STA 9+29.00
CR98301

SEE SHT

DETAIL C
N72°05'21"E

SEE STATION PLANS
6" AB
8" AC
TCE
PROP
3 TOTAL
4"X12"

OPENING

CUT CURB

32.00' RT
STA 8+90.00 JOIN EXIST

BEG C&G, PVMT
STA 8+40.00, 32.00' RT

34.00'LT
10+86.81 BCR
PLANS

SEE UTLITY

SEE UTILITY DISPOSITION PLANS

REMOVE/RELOCATE EXISTING POWER POLE,
19 19

BEG SWK

32.00' RT
STA 9+16.00

END C&G
565+05.47, 29.33' LT MT-1
STA 21+49.39, 11.50'LT =

JOIN EXIST

END PVMT

28.40' RT
STA 11+50.00
26 REMOVE EXISTING AC CURB
26 FS=1447.78

END SWK

11.50'LT
STA 21+66.10,
SWK
AND 113-2, AND PER DETAIL A SHEET CR00006
CONSTRUCT 4" PCC SIDEWALK PER SPPWC STD PLAN NO. 112-2

ASPHALT CONCRETE OVERLAY
COLD MILL 2" EXISTING PAVEMENT AND CONSTRUCT 2"

INSTALL STREET LIGHT PER ELECTRICAL PLANS
Redlands Regular Meeting of 07-19-22 276 of 974
Exhibit B
– Preliminary Quiet Zone Risk Index
Calculations
San Gabriel (formerly Redlands) Subdivision
Southern California Regional Rail Authority
Notice of Intent to Create New Quiet Zone
Redlands Regular Meeting of 07-19-22 277 of 974
Draft Quiet Zone Risk Index Calculation QZ Name: RPRP Draft Quiet Zone Report FRA
Crossing #
CPUC Crossing
#
MP Street PRE
SSM
SSM Risk Index Risk Index
(with closure
redistribution)
Proposed Improvements ASM/MSSM
Effectiveness
Rate
Risk Index with
improvements
027231L 101 SG-63.00
(002U-6.30)

63.00 (6.3)
California Street 167,829.51 167,829.51 Modify existing 100'+ median to the south and modify approx. 50' of existing 100' median to the north, driveways w/in 20', add 3quad gates, Presignal traffic signal preemption. MSSM Partial Risk Reduction for exit gates with 100' median on south side and 50' median modification on north side.

0.66 57,062.03
027232T 101 SG-63.50
(002U-6.80)

63.50 (6.8)
Nevada Street 90,723.59 90,723.59 add 100' medians, driveway approx. 40' upstream from gate, protected by median and warning gate on approach.

0.8 18,144.72
027233A 101 SG-64.02
(002U-7.30)

64.02 (7.3)
Alabama Street 161,083.20 161,083.20 100' medians, downstream driveways adjacent to the crossing and warning device location on both crossing exits. Upstream driveway within 60'.
161,083.20
027234G 101 SG-64.20
(002U-7.40)

64.20 (7.4)
Colton Avenue 108,777.76 108,777.76 Add 3 quad gates, modify medians, traffic signal preemption, Redlands Blvd w/in 60'. MSSM Reduction for exit gates on south side and 100' median modification on north side.

0.785 23,387.22
027235N 101 SG-64.55
(002U-7.80)

64.55 (7.8)
Tennessee Street 154,190.82 154,190.82 Add raised medians, traffic signal preemption, Redlands Blvd and driveway approx. 20' from crossing.
154,190.82
027237C 101 SG-64.82
(002U-8.10)

64.82 (8.1)
New York Street 318.63 318.63 Existing Closed Crossing, convert to new pedestrian crossing with active gates all quadrants 318.63 027238J 101 SG-64.88
(002U-8.20)

64.88 (8.2)
Stuart Avenue 2 17,958.74 0.00 Close Crossing, remove pavement extend curb on Redlands and Stuart. Risk redistributed to adjacent crossings.

0.00 027239R 101 SG-65.07
(002U-8.40)

65.07 (8.4)
Texas Street 13 118,332.11 119,363.94 add 100' raised medians, sidewalk/pedestrian and driveway modifications 23,872.79 027240K 101 SG-65.36
(002U-8.60)

65.36 (8.6)
Eureka Street 130,651.71 130,651.71 modify medians to min. 100', downstream driveway at 70' 0.8 26,130.34 027242Y 101 SG-65.57
(002U-8.80)

65.57 (8.8)
Orange Street 138,136.37 138,136.37 105' and 95' medians, traffic signal preemption, upstream driveway at 30', Oriental Avenue at 95'

0.8 27,627.27
027245U 101 SG-65.70
(002U-9.00)

65.70 (9.0)
6th Street 96,417.80 96,417.80 Add 65' and 100'+ medians, upstream and downstream driveways at 30' and 50' 96,417.80 027246B 101 SG-65.76
(002U-9.10)

65.76 (9.1)
7th Street 26,055.58 28,916.45 Add 105' and 95' medians, downstream driveways at 30' and 60' 28,916.45 027247H 101 SG-65.88
(002U-9.20)

65.88 (9.2)
9th Street 2 24,134.37 0.00 Close crossing create cul-de-sac add barricades. Risk redistributed to adjacent crossings. 0.00 027248P 101 SG-66.07
(002U-9.30)

66.07 (9.3)
Church Street 73,539.53 74,671.62 Add 110' medians, upstream driveway at 20' and downstream driveways at 40' on south side.

MSSM Partial Reduction for downstream driveway at 40' in southwest quadrant.

0.68 23,894.92
027250R 101 SG-66.48
(002U-9.80)

66.48 (9.8)
University Street 68,092.97 68,092.97 Add 18' and 115' medians, 3-Quad gates, Park Ave and driveway w/in 20' on north side of crossing. MSSM Partial Reduction for exit gates on south side of crossing and for downstream roadway at 20' in northeast quadrant.

0.625 25,534.86
Risk Index with Horns (RIWH) 55,005.71
LEGEND: Quiet Zone Risk Index (QZRI) 44,438.74 PASS
Risk Index from FRA Quiet Zone Calculator
Proposed ASM/MSSM Effectiveness Rate
SSM 2 - Permanent Closure (1.0 effectiveness rate)
SSM 13 - Medians (0.8 effectiveness rate)
SSM 10 - 4 Quad Gates (0.77 effectiveness rate)
SSM 11 - 4 Quad Gates with Medians (0.92 effectiveness rate) DRAFT
Redlands Regular Meeting of 07-19-22 278 of 974
Contract No. 15- 1001047
CONTRACT NO. 15- 1. 001047

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION,

AND THE CITY OF REDLANDS,

FOR THE REDLANDS PASSENGER RAIL PROJECT
This Memorandum of Understanding (" MOU") is made and entered into by and between the San Bernardino County Transportation Commission (" SANBAG"), the City of Redlands (" CITY"). (SANBAG and CITY are each a" Party" and collectively " Parties").

The Effective Date of this AGREEMENT shall be the date upon which SANBAG executes this AGREEMENT.

RECITALS
WHEREAS, SANBAG owns and is responsible for the maintenance on the Redlands Subdivision railroad right- of-way between San Bernardino and Redlands ROW"); and
WHEREAS, a portion of the ROW is presently being used for operation of freight trains by the Burlington Northern Santa Fe Railway Company (" BNSF"); and WHEREAS, SANBAG desires to implement the Redlands Passenger Rail Project PROJECT") within and along the ROW; and
WHEREAS, the PROJECT includes improvements located within the ROW IMPROVEMENTS") and ancillary facilities such as stations and parking facilities located on property adjoining the ROW (" FACILITIES"); and WHEREAS, the implementation and operation of the PROJECT is governed by United States Code, Title 49 — TRANSPORTATION SUBTITLE IV — INTERSTATE TRANSPORTATION, PART A — RAIL, CHAPTER 105 — JURISDICTION, Section 10501 — General jurisdiction; and
WHEREAS, the PROJECT is included in the approved SANBAG Measure 1 2010- 2040 Ten- Year Delivery Plan and the Southern California Association of Governments' Regional Transportation Plan and is eligible to receive funds from the Measure 12010- 2040 San Bernardino Valley Metrolink/ Passenger Rail Program; and

Page 1 of 8 ends

Redlands Regular Meeting of 07-19-22 279 of 974
Contract No. 15- 1001047
WHEREAS, SANBAG and City of Redlands have entered in to an agreement, SANBAG Contract No. 97- 026, regarding parking related to the PROJECT at certain stations in the City of Redlands; and
WHEREAS, SANBAG is completing an Environmental Impact Study and Envirojunental Impact Report (" EIS/EIR") identifying potential impacts of the PROJECT and associated mitigation measures per federal and state guidelines and plans to certify the project and move towards construction and implementation; and WHEREAS, the implementation of Quiet Zones at specific highway-rail at- grade crossings is listed as one of the preferred mitigation measures in the EIS/EIR; and WHEREAS, per Code of,Federal Regulations, TITLE 49 - TRANSPORTATION SUBTITLE B CHAPTER II PART 222, only the public authority responsible for traffic control or law enforcement at the highway-rail at-grade crossing can implement a Quiet Zone; and
WHEREAS, SANBAG and CITY recognize that coordination of PROJECT utility relocations with CITY is mutually beneficial to both SANBAG and CITY and wish to minimize cost and schedule disruptions of utility relocations; and WHEREAS, SANBAG has need of and desires to reach an understanding with the CITY in carrying out SANBAG' s responsibilities for design, construction, and operation of the PROJECT, specifically to define the scope of CITY' S involvement in the review and approval of design drawings, to establish defined review period time frames, and to acknowledge other necessary steps SANBAG and CITY must follow; and NOW, THEREFORE, the Parties agree to the following:

RESPONSIBILITIES:

1. The Parties agree that the above referenced RECITALS are true and correct in all respects and shall constitute a substantive part of this Agreement and are incorporated herein by this reference.

2. The PROJECT as described and depicted on Exhibits A and B attached hereto and incorporated herein is located in the Cities of San Bernardino and Redlands.

3. CITY and SANBAG will meet and confer to establish SANBAG' s responsibilities for construction and operation of the PROJECT, specifically to define specified time frames for review and approval of design drawings, permits, and to acknowledge other necessary steps SANBAG and CITY must follow for approval of PROJECT FACILITIES and improvements.

4. CITY and SANBAG will identify one or more contact individuals for all PROJECT related matters.

Page 2 of 8 ends

Redlands Regular Meeting of 07-19-22 280 of 974
Contract No. 15- 1001047

5. SANBAG agrees to design, construct, and maintain at-grade crossing improvements along the PROJECT corridor to be Quiet Zone capable and to prepare all required applications and technical studies needed to implement Quiet Zones along the entire PROJECT corridor.

6. CITY agrees to attend site diagnostic meetings, execute concurrence documents in compliance with CPUC General Order 75 and 88, and file all federally required documentation when construction of all PROJECT grade crossings is substantially complete in order to implement Quiet Zones within its jurisdiction at all crossings included within the scope of the PROJECT.

7. CITY agrees to prepare and process a General Plan Change or similar land use guidance document and discretionary actions as may be required for the closure of crossings as determined by SANBAG, CITY, and the CPUC; and implement parking prohibitions adjacent to all crossings as may be required by the CPUC.

8. CITY and SANBAG will identify and plan for utility relocations and modifications, including streets in a coordinated manner. Specific agreements will be outlined as to which utilities need to be relocated, when they will be relocated, and who will perforin the work. CITY and SANBAG recognize the need to perform this work in a timely and cost effective mamier.

9. CITY agrees it will invoke its franchise/utility agreements and have its rights under those agreements imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. The CITY will formally inform the utilities of the CITY' s intent to exercise its rights and request the relocation of utilities pursuant to the franchise/ utility agreements.

10. When possible, CITY and SANBAG will coordinate PROJECT construction schedules with CITY project construction and CITY construction schedules, particularly with respect to utility relocations.

11. SANBAG will provide a mechanism to incorporate such PROJECT `Betterments" as may be requested by the CITY. Betterments are defined as facilities which are not required for the PROJECT or required by city zoning or building regulations and are enhancements to the PROJECT. Cost sharing will be negotiated in good faith on a case- by- case basis.

12. CITY will collaborate with SANBAG to acquire or vacate necessary right- of-way to complete the implementation of the PROJECT based on the PROJECT implementation schedule to be provided by SANBAG.

13. CITY shall execute new grade crossing and utility license agreements, drafted by SANBAG, for each new and existing CITY owned utility, including streets that cross SANBAG' s Redlands Branch Corridor right- of-way.

Page 3 of 8 ends

Redlands Regular Meeting of 07-19-22 281 of 974
Contract No. 15- 1001047

14. CITY will contribute in-kind services to the PROJECT providing at their own costs, but not limited to, all plan reviews, processing, construction permits, and construction inspections.

15. Dispute Resolution. This agreement shall be interpreted in accordance with the laws of the State of California except those issues regulated by the Code of federal Regulations. Any dispute between the parties shall be resolved as follows:
a. The individuals identified in Paragraph 3 hereof shall meet and confer in good faith to resolve the dispute.
b. If unresolved the dispute shall be referred to the City Manager of CITY and SANBAG' s Executive Director who shall meet and confer in good faith to resolve the dispute. In the event the dispute is still not resolved the dispute shall be referred to the governing bodies of the CITY and SANBAG who shall arrange to meet and confer through committees, representatives, or delegates to resolve the dispute. The decisions of the governing bodies shall be final.

The CITY and SANBAG reserve all rights, following completion of the above described process, to seek appropriate relief or remedy. 16, following completion of the PROJECT, CITY and SANBAG will continue to meet and confer on the common interests of both with respect to the safe operation and maintenance of the passenger rail system and CITY facilities including potential effects on traffic within the project limits in CITY.

17. No Party nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by any other Party under this AGREEMENT. It is understood and agreed that each Party shall fully defend, indemnify and save harmless each other Party, its officers, directors, members, employees, contractors or agents from all claims, liabilities, suits or actions of every name, kind and description brought for or on account of any injury ( as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by the indemnifying Party under or in connection with any work, authority, action or inaction undertaken under this AGREEMENT by the indemnifying party.

18. This AGREEMENT shall continue in full force and effect through December 31, 2020.

19. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of their respective Parties and that by so executing this AGREEMENT, the Parties hereto are formally bound to this AGREEMENT.

20. Except on subjects preempted by federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All Parties

Page 4 of 8 ends

Redlands Regular Meeting of 07-19-22 282 of 974
Contract No. 15- 1001047
agree to follow all local, state, county and federal Iaws and ordinances with respect to performance under this AGREEMENT.

21. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.

22. This AGREEMENT can be amended with a written amendment when duly authorized and executed by both Parties.

23. In the event of litigation arising from this AGREEMENT, each Party to this AGREEMENT shall bear its own costs, including attorney( s) fees.

24. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.

25. Any notice required or authorized to be given hereunder or any other communications between the Parties provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/ fax number stated below.

26. Notice given under or regarding this AGREEMENT shall be deemed given ( a) upon actual delivery, if delivery is personally made; or ( b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph.

If to SANBAG: Raymond Wolfe, Executive Director
1170 West 3`° Street, Second Floor
San Bernardino, CA 92410- 1715
909) 884- 8276
Ifto City of Redlands: N. Enrique Martinez, City Manager 35 Cajon Street, Suite 200
P. O. Box 3005
Redlands, CA 92373
909) 798- 7510

26. Exhibit A ( Project Description) and Exhibit B ( Project Location Map) is attached to and incorporated into this AGREEMENT.

Page 5 of 8 ends

Redlands Regular Meeting of 07-19-22 283 of 974
Contract No. 15- 1001047
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT below.

SAN BERNARDINO COUNTY CITY OF REDLANDS

TRANSPORTATION COMMISSION
By: AZ By:

Raym Wolfe aul Foster, Mayor
SANBAG Executive Director City of Redlands
Date: Z j S Date:

Attest:

By:

Sam Irwin, City CIA/
Date: 3kei -S'
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Robert D. Herrick Dan Mc h
Asst. SANBAG General Counsel City Attorney
Date: j Date: 3 Ce. rwk- 2c

Page 6 of 8 ends

Redlands Regular Meeting of 07-19-22 284 of 974
o
d
Contract No. 15- 1001047
MEMORANDUM OF UNDERSTANDING NO. 15- 1. 001047
EXHIBIT A- Project Overview
The Redlands Passenger Rail Project ( RPRP) encompasses an approximately nine- mile corridor extending east from the City of San Bernardino to the City of Redlands. The project extends along an existing railroad right- of-way owned by SANBAG and commonly referred to as the Redlands Branch or Subdivision.

The project proposes the operation of passenger rail service between E Street in the City of San Bernardino and the University of Redlands, in the City of Redlands. Passenger rail service will be facilitated by up to five station stops. Up to four new station stops will be constructed in conjunction with RPRP. These include possibly one station located at either Tippecanoe Avenue or Waterman Avenue within the City of San Bernardino and New York Street, Orange Street, and University Street within the City of Redlands. The fifth station is being constructed at E Street in San Bernardino as part of the Downtown San Bernardino Passenger Rail Project. SANBAG also proposes the replacement of the existing railroad tracks and ties, reconstruction or rehabilitation of existing bridge structures, potential construction of a new train layover facility, and auxiliary improvements such as at- grade highway crossing and safety enhancements, new parking facilities, and improvements to pedestrian access.

The project is currently considering three vehicle options for operations: two ( 2) types of diesel- powered locomotives and one ( 1) type diesel multiple units ( DMU). The final vehicle type selected will meet Tier 4 emission requirements. Frequency of these vehicles would be 30 minute headways during AM and PM peak travel times and hour headways during off-peak times traveling between the E Street and University of Redlands Stations. Functionality will be built into the system to allow for Metrolink a limited number of trains.

Page 7 of 8 ends

Redlands Regular Meeting of 07-19-22 285 of 974
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AMENDMENT NO 2 TO
SBCTA CONTRACT NO 15- 1001047

MEMORANDUM OF UNDERSTANDING

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND THE CITY OF REDLANDS

FOR REDLANDS PASSENGER RAIL PROJECT
This second amendment ( AMENDMENT No 2") to the Memorandum of Understanding for the Redlands Passenger Rail Project (`` PROJECT"), by and between the San Bernardino County Transportation Authority ( hereinafter ` SBCTA") and the City of Redlands ( hereinafter " CITY") shall be effective as of the later date ( hereinafter, the " Effective Date") of either SBCTA' s or CITY' S execution of this AMENDMENT No 2 as set forth below SBCTA and CITY are sometimes hereinaftei individually referred to as a " Party' and, together, as the " Parties "

RECITALS
WHEREAS, the former San Bernardino Association of Governments (" SANBAG") and CITY previously committed to facilitate the design and construction, maintenance and security for a Passenger Rail Station (' STATION") including, but not limited to the requirement that CITY shall contribute $ 500, 000 toward the construction of the STATION, pursuant to Cooperative Agreement Contract No 97- 026 (" 1, 997 AGREEMENT'") on Octobei 1, 1996, and WHEREAS. SANBAG and CITY entered into a Memorandum of Understanding ( Contract No I5- 1001047) on February 12, 2015, (" MOU") addressing the roles and responsibilities of the Parties for the implementation of PROJECT, and
WHEREAS, SANBAG and CITY entered into Amendment No 1 to the MOU on August 25, 2016, (" AMENDMENT No I") addressing the roles and responsibilities for the design and construction of BETTERMENTS requested by CITY, and
Page I of 6
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WHEREAS, Property One, LLC, (` OWNER') has acquired the historic Redlands Depot adjacent to the planned PROJECT STATION, and
WHEREAS, the Parties and OWNER desire improvements (" IMPROVEMENTS") to be constructed on and adjacent to OWNER' s property, and
WHEREAS, all references to ` SANBAG-' in the 1997 AGREEMENT, MOU, and AMENDMENT No 1, shall mean San Bernardino County Transportation Authority (" SBCTA") NOW, THEREFORE, It is mutually understood and agreed by the Parties that both the MOU and AMENDMENT No I will be further amended by this AMENDMENT No 2 to relocate the Diesel Multiple Unit (DMU) platform and associated communication information system, and ticket vending machine on and adjacent to the histol is Redlands Depot hereinafter referred to as " IMPROVEMENTS," as follows
In consideration of the promises and mutual understandings contained herein, SBCTA and CITY agree to changes, deletions, and additions as identified below 1 — MOU —.Responsibilities -
Responsibility
Res_ onsibilitiesResponsibility number 18 is hereby deleted from the MOL in its entirety

2. AMENDMENT No 1— ARTICLE I TERMS & CONDITIONS
The following is inserted at the end of Article I•
SBCTA will support the desired IMPROVEMENTS provided
A SBCTA and CITY agree, in writing, on the design of the IMPROVEMENTS, and B SBCTA and CITY bear no more than 50% financial obligation for the IMPROVEMENTS, and
C, SBCTA' s engineering, design and construction contractors conduct environmental analysis, design, and construction of the IMPROVEMENTS, and

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D Construction of the PROJECT can commence consistent with the delivery schedule depicted in Attachment " 2- A" by finalizing design of the IMPROVEMENTS after PROJECT construction has started by incorporating the IMPROVEMENTS' design into construction by contract change order
3 AMENDMENT No. 1— ARTICLE 2 FUNDING
The following is inserted at the end of the Section entitled Design Costs Environmental evaluation and design costs for the IMPROVEMENTS are $ 120, 000 The Parties shall each have a 50% financial obligation, and CITY shall pay an amount of $60, 000 to SBCTA subsequent to the Effective Date and after CITY' s receipt of invoicing from SBCTA with supporting documentation based on the invoices and payments made to third -party consultants, documented schedule of values, and a report of hours expended associated with this AMENDMENT No 2
The text of the. Section entitled Consti uction and Construction Costs is deleted in its entirety and i eplaced with -
The costs of constructing the BETTERMENTS for the Metrolink platform is estimated to be 76, 600, for which CITY is wholly responsible Based on conceptual planning the cost of constructing the IMPROVEMENTS is estimated to be 5115, 510 The Parties are each financially responsible for 50% of the IMPROVEMENTS, respectively 557, 755 each CITY shall pay foi an amount not to exceed 5134,355 for the construction costs of the BETTERMENTS and IMPROVEMENTS The costs for the BETTERMENTS and IMPROVEMENTS will be in addition to CITY' s contribution pursuant to 1997 AGREEMENT SBCTA will be responsible for all construction management - related costs
4 AMENDMENT No 1 -- ARTICLE 3 RESPONSfBILITIES OF ,SANBAG The following is inserted at the end of At ticle 3
Revise the EIR/ EIS protect description to address the IMPROVEMENTS G Revise the PROJECT design to include the IMPROVEMENTS H Where feasible, remove, store, and reset historic Redlands Depot bricks on the new DMU platform surface or within the OWNER' s property

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I .cp!djrriirtgr ee xer fsiSecoftd Rmendmert UOU Redlands RPRP docs Redlands Regular Meeting of 07-19-22 297 of 974
I Once design of IMPROVEMENTS is completed, negotiate a construction contract change order with construction contractor to construct the IMPROVEMENTS 1 Monitor all elements related to the IMPROVEMENTS' environmental review, design and construction activities to verify schedules, quality, and budget goals are met, including proper identification of the construction cost items related to the IMPROVEMENTS in the construction contract change order
K Submit to CITY and OWNER the 30% and 100% IMPROVEMENTS design packages for review and comment and provide a written response to any comments submitted by CITY pursuant to 4 E, below
S AMENDIVIENT No. I — ARTICLE 4 RESPONSIBILITIES OF CITY The following is inserted at the end of Article 4
E Provide all comments on the 30% and 100% design submittals to SBCTA in writmg wlthln fourteen ( 14) calendar days of receipt
6 AINIENDMENT No 1--- ARTICLE 5 AUDIT & INSPECTION
The following language is added to Article 5 after " related to the BETTERNMNTS". " and IMPROVENIENTS "

7. The recitals set forth above ai a lncorpoi aced herein by this reference 8 Except as amended by this ANIENDMENT No 2, all other provisions of the MOU and AMENDMENT No. 1 shall remain in fail foi ce and effect
9 The MOU and AMENDMENT No. I are incorporated into this AMENDIVIENT No 2

SIGNATURES ON THE FOLLOWING PAGE

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leaWjrnWgreemexlsiSeeo,ud finendinent •- IOU Redlands RPRP dart Redlands Regular Meeting of 07-19-22 298 of 974
IN WITNESS WHEREOF, the PARTIES ha-ve caused this A.GREEMEN I to be entered into as of the date set forth above
AIWA
Paul Foster, Kayor
Attest
nne Donaldson, City Clerk
Approved as to forth
By
Dan , cilg City Att,

Page 5 ends

1 CO tiff, .lgree» renfs Simerind 4.mendirtera [ IOC R,& cy ds VRI, dr c' Y San Bernardino County Iransportatson
Authority
James C. Ramos
President € oard of Directors
Approved As To Form
By 7liafl
Jultanna K I cllcluist
Asstsfiant General Counsel
Concurrence
13 Jefteit
Procurement Manager
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Attachment " 2- A"
Project Schedule
MilestoneDate
Environmental Clearance July 2018
Begin Design March 2018
Invitation to Bid for Construction August 2018
IMPROVEMENTS 30% Design Submittal July 2018
IMPROVEMENTS 100% Design Submittal October 2018
Away d Construction Contract February 2019
End Construction Februa. 2021

Page 6 ends

1 Ica?djml4gl ee frenls Secaid Antef drlrent XIOU Redlands RPRP doer Redlands Regular Meeting of 07-19-22 300 of 974
City Council Meeting I. 11.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Non-Professional Services Agreement with Tanko Streetlighting, Inc. to replace City-owned streetlights with energy-efficient LED lights (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council approve the First Amendment to the Non-Professional Services Agreement with Tanko Streetlighting, Inc.

RECOMMENDATION:

Staff recommends that City Council approve the First Amendment to the Non-Professional Services Agreement with Tanko Streetlighting, Inc.

DISCUSSION:

On September 7, 2021, City Council approved a Non-Professional Services Agreement (Agreement) with Tanko Streetlighting, Inc. (Tanko) to replace City-owned streetlights with energy-efficient light-emitting diode (LED) lights.

Since then, Tanko has worked diligently to complete the project. However, unavoidable circumstances related to the COVID-19 pandemic have delayed the project, and Tanko will not be able to successfully complete all project elements prior to the September 1, 2022 completion deadline.

Staff recommends City Council approval of a First Amendment to the Agreement that extends the project completion deadline to March 1, 2023, and designates John R. Harris, Municipal Utilities and Engineering Director, as the City's project representative.

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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:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

There is no fiscal impact associated with this action.

Attachments
Tanko Streetlighting Agreement
Tanko Agreement First Amendment
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FIRST AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL

SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This first amendment (“First Amendment”) to the agreement for the replacement of Cityowned streetlights with energy-efficient light-emitting diode lights (“Agreement”) dated September 7, 2021, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Tanko Streetlighting, Inc., a California corporation (“Consultant”), is made and entered into this 19th day of July, 2022.

RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to extend the time for completion of the services to March 1, 2023; and WHEREAS, it is the desire of the City to designate John R. Harris, Municipal Utilities and Engineering Director, as the City’s project representative.

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:

AGREEMENT
Section 1. Section 3.2 of the Agreement, titled “Article 3 – Responsibilities of City,” is hereby amended to read as follows:
“3.2 City designates John R. Harris, Municipal Utilities and Engineering Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.” Section 2. Section 4.2 of the Agreement, titled “Article 4 – Performance of Services,” is hereby amended to read as follows:
“4.2 Contractor shall complete the Services by March 1, 2023 unless the Services are earlier terminated as permitted herein.”
Section 3. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.
[Signatures on Next Page]
Redlands Regular Meeting of 07-19-22 314 of 974
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 19, 2022.

CITY OF REDLANDS TANKO STREETLIGHTING, INC.
_______________________________ By: ________________________________ Paul T. Barich, Mayor Jason Tanko, Chief Executive Officer ATTEST:
_______________________________
Jeanne Donaldson, City Clerk
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City Council Meeting I. 12.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8358 levying special taxes with the City of Redlands Community Facilities District No. 2004-1 (Development Services Director Desatnik)
MOTION(S):

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

I move to approve Resolution No. 8358.

RECOMMENDATION:

Staff recommends City Council approval of Resolution No. 8358 establishing the maximum tax rates for Community Facilities District No. 2004-1, and authorizing the City Clerk to file necessary information with the County Auditor/Controller for Fiscal Year 22/23.

DISCUSSION:

In 2004, City Council approved the formation of Community Facilities District (CFD) No. 2004-1, which was established to maintain landscaping and other improvements associated with various properties annexed into the CFD. The CFD tax collected provides funding for labor, material, and equipment costs associated with the maintenance services. Since its inception, twenty-six (26) applications for annexation have been received, and twenty (21) have been successfully added to the CFD, which are described in Attachment B.

Approval of Resolution No. 8358 is required to levy the special tax in accordance with the California Streets and Highways Code. This Resolution sets the maximum FY 22/23 CFD tax rates, and authorizes the City Clerk to file all necessary information to levy the tax with the County Auditor/Controller no later than the deadline of August 10, 2022.

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than the deadline of August 10, 2022.

ALTERNATIVES:

City Council may deny the staff recommendation. However, adoption of the resolution is necessary to collect revenues to offset landscape maintenance expenses within CFD 2004-1.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

Charles M. Duggan, Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Christopher Boatman, Assistant City Manager
Goutam K. Dobey, Engineering Manager
PREPARED BY:

Donald Young, One Stop Permit Center Manager
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: Y
Appropriation Required Y/N: N
Discussion:

The special tax revenue and related expenses are included in the FY 22/23 budget. No general fund contributions are required for maintenance of the CFD.

Attachments
A. Resolution No. 8358
B. List of Annexations
Redlands Regular Meeting of 07-19-22 317 of 974
RESOLUTION NO. 8358

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

LEVYING SPECIAL TAXES WITHIN CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO. 2004-1 (TRACT MAP NO. 16408; TRACT MAP NO. 16287; TENTATIVE TRACT MAP NO. 17253; PARCEL MAP NO. 17353; COMMISSION REVIEW AND APPROVAL (CRA) NO. 826; TRACT MAP NO. 16806; PARCEL MAP NO. 18208; PARCEL MAP NO. 19371; TRACT MAP NO. 16465; TRACT MAP NO. 16627; TRACT MAP NO. 18979; TRACT MAP NO. 19975; TRACT MAP NO. 20079; TRACT MAP NO. 18882; PARCEL MAP NO. 19496; PARCEL MAP NO. 18536-1; TRACT MAP NO. 18988; TRACT MAP NO. 17022; PARCEL MAP NO. 19465; TRACT MAP NO. 19942; TRACT MAP NO. 19956; TRACT MAP NO. 20126; PARCEL MAP NO. 19981; PARCEL MAP NO. 18536; CONDITIONAL USE PERMIT (CUP) NO. 1129; AND TRACT MAP NO. 20257.

WHEREAS, the City Council of the City of Redlands (the “City”) has formed City of Redlands Community Facilities District No. 2004-1 (Tract Map No. 16408 – Centex Homes) and annexed Tract Map No. 16287 (Annexation No. 1), Tentative Tract Map No. 17253 (Annexation No. 3), Parcel Map No. 17353 (Annexation No. 4), CRA No. 826 (Annexation No. 5), Tract Map No. 16806 (Annexation No. 8), Parcel Map No. 18208 (Annexation No. 9), Parcel Map No. 19371 (Annexation No. 11), Tract Map No. 16465, Tract Map No. 16627, Tract Map No. 18979, Tract Map No. 19975 and Tract Map No. 20079 (Annexation No. 12), Tract Map No. 18882 (Annexation No. 13), Parcel Map No. 19496 (Annexation No. 14), Parcel Map No. 18536-1 (Annexation No. 15), Tract Map No. 18988 (Annexation No. 16), Tract Map No. 17022 (Annexation No. 17), Parcel Map No. 19465 (Annexation No. 18), Tract Map No. 19942 (Annexation No. 19), Tract Map No. 19956 (Annexation No. 20), Tract Map No. 20126 (Annexation No. 21), Parcel Map No. 19981 (Annexation No. 22), Parcel Map No. 18536 (Annexation No. 23), CUP No. 1129 (Annexation No. 24), and Tract Map No. 20257 (Annexation No. 26) into the City of Redlands Community Facilities District No. 2004-1 (the “Community Facilities District”), under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes (the “Special Taxes”) to pay for the costs of certain facilities and to authorize the issuance of bonds secured by the Special Taxes under the Act; and WHEREAS, the City Council, pursuant to Ordinance No. 2584, adopted by the City Council of the City on August 3, 2004, and Resolution No. 6481, adopted on May 2, 2006, authorized and levied the Special Taxes within the Community Facilities District; and WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and
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WHEREAS, the City Council desires to levy the Special Taxes within the Community Facilities District for Fiscal Year 2022-2023;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:

Section 1. All of the above recitals are true and correct.

Section 2. The City Council hereby levies the Special Taxes for the Fiscal Year 2022- 2023 at the applied rates, up to the maximum, and with respect to the parcels as set forth in Exhibit A and Exhibit B hereto; provided, however, that the City Manager or the Finance Director of the City is hereby authorized, prior to the submission to the San Bernardino County Auditor/Controller and upon consultation with the City’s special tax consultant, Webb Municipal Finance, LLC (a) to make any necessary modifications to such Special Taxes to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed (provided that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels), or (b) to lower such Special Tax rates to the extent such officer deems necessary upon receipt of the final pricing information. The City Clerk of the City is hereby authorized and directed to file with the San Bernardino County Auditor/Controller no later than August 10, 2022, a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2022-2023.

Section 3. The officers and agents of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2022-2023 as provided in this Resolution.

Section 4. All actions heretofore taken by the officers and agents of the City with respect to the levy of the Special Taxes for Fiscal Year 2022-2023 are hereby approved, confirmed and ratified.

Section 5. This Resolution shall take effect immediately upon its adoption.

APPROVED and ADOPTED by the City Council of the City of Redlands on July 19, 2022.

Paul T. Barich, Mayor
ATTEST:

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

AYES:

NOES:

ABSTAIN:

ABSENT:

Jeanne Donaldson, City Clerk
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EXHIBIT “A”
ANNEXATION LEVY SUMMARY BY ASSESSOR’S PARCEL NUMBER
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Line Assessor's Special Tax
No. Parcel No. Levy
1 0174651010000 $ 1,531.25 Original
2 0174651020000 $ 1,531.25
3 0174651030000 $ 1,531.25
4 0174651040000 $ 1,531.25
5 0174651050000 $ 1,531.25
6 0174651060000 $ 1,531.25
7 0174651070000 $ 1,531.25
8 0174651080000 $ 1,531.25
9 0174651090000 $ 1,531.25
10 0174651100000 $ 1,531.25
11 0174651110000 $ 1,531.25
12 0174651120000 $ 1,531.25
13 0174651130000 $ 1,531.25
14 0174651140000 $ 1,531.25
15 0174651150000 $ 1,531.25
16 0174651160000 $ 1,531.25
17 0174651170000 $ 1,531.25
18 0174651180000 $ 1,531.25
19 0174651190000 $ 1,531.25
20 0174651200000 $ 1,531.25
21 0174651210000 $ 1,531.25
22 0174651220000 $ 1,531.25
23 0174651230000 $ 1,531.25
24 0174651240000 $ 1,531.25
25 0174651250000 $ 1,531.25
26 0174651260000 $ 1,531.25
27 0174651270000 $ 1,531.25
28 0174651280000 $ 1,531.25
29 0174651290000 $ 1,531.25
30 0174651300000 $ 1,531.25
31 0174651310000 $ 1,531.25
32 0174651320000 $ 1,531.25
33 0174651330000 $ 1,531.25
34 0174651340000 $ 1,531.25
35 0174661010000 $ 1,531.25
36 0174661020000 $ 1,531.25
37 0174661030000 $ 1,531.25
38 0174661040000 $ 1,531.25
39 0174661050000 $ 1,531.25
40 0174661060000 $ 1,531.25
41 0174661070000 $ 1,531.25
42 0174661080000 $ 1,531.25
43 0174661090000 $ 1,531.25
44 0174661100000 $ 1,531.25
45 0174661110000 $ 1,531.25
46 0174661120000 $ 1,531.25
47 0174661130000 $ 1,531.25
48 0174661140000 $ 1,531.25
49 0174661150000 $ 1,531.25
50 0174661160000 $ 1,531.25
51 0174661170000 $ 1,531.25
52 0174661180000 $ 1,531.25
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 1 of 12 Redlands Regular Meeting of 07-19-22 322 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
53 0174661190000 $ 1,531.25
54 0174661200000 $ 1,531.25
55 0174661210000 $ 1,531.25
56 0174661220000 $ 1,531.25
57 0174661230000 $ 1,531.25
58 0174661240000 $ 1,531.25
59 0174661250000 $ 1,531.25
60 0174661260000 $ 1,531.25
61 0174661270000 $ 1,531.25
62 0174661280000 $ 1,531.25
63 0174661290000 $ 1,531.25
64 0174661300000 $ 1,531.25
65 1212371080000 $ 458.33 Annex No. 1
66 1212371090000 $ 458.33
67 1212371100000 $ 458.33
68 1212371110000 $ 458.33
69 1212371120000 $ 458.33
70 1212371130000 $ 458.33
71 1212371140000 $ 458.33
72 1212371150000 $ 458.33
73 1212371160000 $ 458.33
74 1212371170000 $ 458.33
75 1212371180000 $ 458.33
76 1212371190000 $ 458.33
77 0174252200000 $ 3,275.87 Annex No. 4
78 0174691060000 $ 198.28
79 0174691070000 $ 198.28
80 0174691080000 $ 198.28
81 0174691090000 $ 198.28
82 0174691100000 $ 198.28
83 0174691110000 $ 198.28
84 0174691120000 $ 198.28
85 0174691130000 $ 198.28
86 0174691140000 $ 198.28
87 0174691150000 $ 198.28
88 0174691160000 $ 270.94
89 0174691170000 $ 270.94
90 0174691180000 $ 270.94
91 0174691190000 $ 270.94
92 0174691200000 $ 270.94
93 0174691210000 $ 270.94
94 0174691220000 $ 270.94
95 0174691230000 $ 198.28
96 0174691240000 $ 198.28
97 0174691250000 $ 198.28
98 0174691260000 $ 198.28
99 0174691270000 $ 198.28
100 0174691280000 $ 198.28
101 0174691290000 $ 198.28
102 0174691300000 $ 198.28
103 0174691310000 $ 198.28
104 0174691320000 $ 198.28
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 2 of 12 Redlands Regular Meeting of 07-19-22 323 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
105 0174691330000 $ 215.52
106 0174691340000 $ 215.52
107 0174691350000 $ 215.52
108 0174691360000 $ 215.52
109 0292061490000 $ 5,787.17 Annex No. 5
110 0292061500000 $ 2,712.74
111 0292631020000 $ 419.35 Annex No. 9
112 0292631030000 $ 419.35
113 0292631040000 $ 419.35
114 0292631050000 $ 419.35
115 0292631060000 $ 419.35
116 0292631070000 $ 419.35
117 0292631080000 $ 419.35
118 0292631090000 $ 419.35
119 0292631100000 $ 419.35
120 0292631110000 $ 419.35
121 0292631120000 $ 419.35
122 0292631130000 $ 419.35
123 0292631140000 $ 419.35
124 0292631150000 $ 419.35
125 0292631160000 $ 419.35
126 0292631170000 $ 419.35
127 0292631180000 $ 419.35
128 0292631190000 $ 419.35
129 0292631200000 $ 419.35
130 0292631210000 $ 419.35
131 0292631220000 $ 419.35
132 0292631230000 $ 419.35
133 0292631240000 $ 419.35
134 0292631250000 $ 419.35
135 0292631260000 $ 419.35
136 0292631270000 $ 419.35
137 0292631280000 $ 419.35
138 0292631290000 $ 419.35
139 0292631300000 $ 419.35
140 0292631310000 $ 419.35
141 0292631320000 $ 419.35
142 1212451010000 $ 803.28 Annex No. 12a
143 1212451020000 $ 803.28
144 1212451030000 $ 803.28
145 1212451040000 $ 803.28
146 1212451050000 $ 803.28
147 1212451060000 $ 803.28
148 1212451070000 $ 803.28
149 1212451080000 $ 803.28
150 1212451090000 $ 803.28
151 1212451100000 $ 803.28
152 1212451110000 $ 803.28
153 1212451120000 $ 803.28
154 1212451130000 $ 803.28
155 1212451140000 $ 803.28
156 1212451150000 $ 803.28
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 3 of 12 Redlands Regular Meeting of 07-19-22 324 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
157 1212451160000 $ 803.28
158 1212451170000 $ 803.28
159 1212451180000 $ 803.28
160 1212451190000 $ 803.28
161 1212451200000 $ 803.28
162 1212451210000 $ 803.28
163 1212451220000 $ 803.28
164 1212451230000 $ 803.28
165 1212451240000 $ 803.28
166 1212451250000 $ 803.28
167 1212451260000 $ 803.28
168 1212451270000 $ 803.28
169 1212451280000 $ 803.28
170 1212451290000 $ 803.28
171 1212451300000 $ 803.28
172 1212451310000 $ 803.28
173 1212451320000 $ 803.28
174 1212451330000 $ 803.28
175 1212451340000 $ 803.28
176 1212451350000 $ 803.28
177 1212451360000 $ 803.28
178 1212451370000 $ 803.28
179 1212451380000 $ 803.28
180 1212451390000 $ 803.28
181 1212451400000 $ 803.28
182 1212451410000 $ 803.28
183 1212451420000 $ 803.28
184 1212451430000 $ 803.28
185 1212451440000 $ 803.28
186 1212451450000 $ 803.28
187 1212451460000 $ 803.28
188 1212451470000 $ 803.28
189 1212451480000 $ 803.28
190 1212451490000 $ 803.28
191 1212451500000 $ 803.28
192 1212451510000 $ 803.28
193 1212451520000 $ 803.28
194 1212451530000 $ 803.28
195 1212451540000 $ 803.28
196 1212451550000 $ 803.28
197 1212451560000 $ 803.28
198 1212451570000 $ 803.28
199 1212451580000 $ 803.28
200 1212451590000 $ 803.28
201 1212451600000 $ 803.28
202 1212451610000 $ 803.28
203 0168891010000 $ 875.00 Annex. No. 12b
204 0168891020000 $ 875.00
205 0168891030000 $ 875.00
206 0168891040000 $ 875.00
207 0168891050000 $ 875.00
208 0168891060000 $ 875.00
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 4 of 12 Redlands Regular Meeting of 07-19-22 325 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
209 0168891070000 $ 875.00
210 0168891080000 $ 875.00
211 0168891090000 $ 875.00
212 0168891100000 $ 875.00
213 0168891110000 $ 875.00
214 0168891120000 $ 875.00
215 0168891130000 $ 875.00
216 0168891140000 $ 875.00
217 0168891150000 $ 875.00
218 0168891160000 $ 875.00
219 0168891170000 $ 875.00
220 0168891180000 $ 875.00
221 0168891190000 $ 875.00
222 0168891200000 $ 875.00
223 0168071170000 $ 786.89 Annex. No. 12c
224 0168071180000 $ 786.89
225 0168071190000 $ 786.89
226 0168071200000 $ 786.89
227 0168071210000 $ 786.89
228 0168071220000 $ 786.89
229 0168071230000 $ 786.89
230 0168071240000 $ 786.89
231 0168071250000 $ 786.89
232 0168071260000 $ 786.89
233 0168071270000 $ 786.89
234 0168071280000 $ 786.89
235 0168071290000 $ 786.89
236 0168071300000 $ 786.89
237 0168071310000 $ 786.89
238 0168071320000 $ 786.89
239 0168071330000 $ 786.89
240 0168071340000 $ 786.89
241 0168071350000 $ 786.89
242 0168071360000 $ 786.89
243 0168071370000 $ 786.89
244 0168071380000 $ 786.89
245 0168071390000 $ 786.89
246 0168071400000 $ 786.89
247 0168071410000 $ 786.89
248 0168071420000 $ 786.89
249 0168071430000 $ 786.89
250 0168071440000 $ 786.89
251 0168071450000 $ 786.89
252 0168071460000 $ 786.89
253 0168071470000 $ 786.89
254 0168071480000 $ 786.89
255 0168071490000 $ 786.89
256 0168071500000 $ 786.89
257 0168071510000 $ 786.89
258 0168071520000 $ 786.89
259 0168071530000 $ 786.89
260 0168071540000 $ 786.89
261 0168071550000 $ 786.89
262 0168071560000 $ 786.89
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 5 of 12 Redlands Regular Meeting of 07-19-22 326 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
263 0168071570000 $ 786.89
264 0168071580000 $ 786.89
265 0168071590000 $ 786.89
266 0168071600000 $ 786.89
267 0168071610000 $ 786.89
268 0168071620000 $ 786.89
269 0168071630000 $ 786.89
270 0168071640000 $ 786.89
271 0168071650000 $ 786.89
272 0168071660000 $ 786.89
273 0168071670000 $ 786.89
274 0168071680000 $ 786.89
275 0168071690000 $ 786.89
276 0168071700000 $ 786.89
277 0168071710000 $ 786.89
278 0168901010000 $ 786.89
279 0168901020000 $ 786.89
280 0168901030000 $ 786.89
281 0168901040000 $ 786.89
282 0168901050000 $ 786.89
283 0168901060000 $ 786.89
284 0168901070000 $ 786.89
285 0168901080000 $ 786.89
286 0168901090000 $ 786.89
287 0168901100000 $ 786.89
288 0168901110000 $ 786.89
289 0168901120000 $ 786.89
290 0168901130000 $ 786.89
291 0168901140000 $ 786.89
292 0168901150000 $ 786.89
293 0168901160000 $ 786.89
294 0168901170000 $ 786.89
295 0168901180000 $ 786.89
296 0168901190000 $ 786.89
297 0168901200000 $ 786.89
298 0168901210000 $ 786.89
299 0168901220000 $ 786.89
300 0168901230000 $ 786.89
301 0168901240000 $ 786.89
302 0168901250000 $ 786.89
303 0168901260000 $ 786.89
304 0168901270000 $ 786.89
305 0168901280000 $ 786.89
306 0168901290000 $ 786.89
307 0168901300000 $ 786.89
308 0168901310000 $ 786.89
309 0168901320000 $ 786.89
310 0168901330000 $ 786.89
311 0168901340000 $ 786.89
312 0168901350000 $ 786.89
313 0168901360000 $ 786.89
314 0168901370000 $ 786.89
315 0168901380000 $ 786.89
316 0168901390000 $ 786.89
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 6 of 12 Redlands Regular Meeting of 07-19-22 327 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
317 0168901400000 $ 786.89
318 0168901410000 $ 786.89
319 0168901420000 $ 786.89
320 0168901430000 $ 786.89
321 0168901440000 $ 786.89
322 0168901450000 $ 786.89
323 0168901460000 $ 786.89
324 0168901470000 $ 786.89
325 0168901480000 $ 786.89
326 0168901490000 $ 786.89
327 0168901500000 $ 786.89
328 0168901510000 $ 786.89
329 0168901520000 $ 786.89
330 0168901530000 $ 786.89
331 0168901540000 $ 786.89
332 0168901550000 $ 786.89
333 0168901560000 $ 786.89
334 0168901570000 $ 786.89
335 0168901580000 $ 786.89
336 0168901590000 $ 786.89
337 0168901600000 $ 786.89
338 0168901610000 $ 786.89
339 0168901620000 $ 786.89
340 0168901630000 $ 786.89
341 0168901640000 $ 786.89
342 0168901650000 $ 786.89
343 0168901660000 $ 786.89
344 0168901670000 $ 786.89
345 0168071760000 $ 892.86 Annex No. 12d
346 0168071770000 $ 892.86
347 0168071780000 $ 892.86
348 0168071790000 $ 892.86
349 0168071800000 $ 892.86
350 0168071810000 $ 892.86
351 0168071820000 $ 892.86
352 0168071830000 $ 892.86
353 0168071840000 $ 892.86
354 0168071850000 $ 892.86
355 0168071860000 $ 892.86
356 0168071870000 $ 892.86
357 0168071880000 $ 892.86
358 0168071890000 $ 892.86
359 0292053160000 $ 18,000.00 Annex No. 14
360 0167422010000 $ 963.41 Annex No. 16
361 0167422020000 $ 963.41
362 0167422030000 $ 963.41
363 0167422040000 $ 963.41
364 0167422050000 $ 963.41
365 0167422060000 $ 963.41
366 0167422070000 $ 963.41
367 0167422080000 $ 963.41
368 0167422090000 $ 963.41
369 0167422100000 $ 963.41
370 0167422110000 $ 963.41
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 7 of 12 Redlands Regular Meeting of 07-19-22 328 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
371 0167422120000 $ 963.41
372 0167422130000 $ 963.41
373 0167422140000 $ 963.41
374 0167422150000 $ 963.41
375 0167422160000 $ 963.41
376 0167422170000 $ 963.41
377 0167422180000 $ 963.41
378 0167422190000 $ 963.41
379 0167422200000 $ 963.41
380 0167422210000 $ 963.41
381 0167422220000 $ 963.41
382 0167422230000 $ 963.41
383 0167422240000 $ 963.41
384 0167422250000 $ 963.41
385 0167422260000 $ 963.41
386 0167422270000 $ 963.41
387 0167422280000 $ 963.41
388 0167422290000 $ 963.41
389 0167422300000 $ 963.41
390 0167422310000 $ 963.41
391 0167422320000 $ 963.41
392 0167422330000 $ 963.41
393 0167422340000 $ 963.41
394 0167422350000 $ 963.41
395 0167422360000 $ 963.41
396 0167422370000 $ 963.41
397 0167422380000 $ 963.41
398 0167422390000 $ 963.41
399 0167422400000 $ 963.41
400 0167422410000 $ 963.41
401 0167422420000 $ 963.41
402 0167432010000 $ 963.41
403 0167432020000 $ 963.41
404 0167432030000 $ 963.41
405 0167432040000 $ 963.41
406 0167432050000 $ 963.41
407 0167432060000 $ 963.41
408 0167432070000 $ 963.41
409 0167432080000 $ 963.41
410 0167432090000 $ 963.41
411 0167432100000 $ 963.41
412 0167432110000 $ 963.41
413 0167432120000 $ 963.41
414 0167432130000 $ 963.41
415 0167432140000 $ 963.41
416 0167432150000 $ 963.41
417 0167432160000 $ 963.41
418 0167432170000 $ 963.41
419 0167432180000 $ 963.41
420 0167432190000 $ 963.41
421 0167432200000 $ 963.41
422 0167432210000 $ 963.41
423 0167432220000 $ 963.41
424 0167432230000 $ 963.41
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 8 of 12 Redlands Regular Meeting of 07-19-22 329 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
425 0167432240000 $ 963.41
426 0167432250000 $ 963.41
427 0167432260000 $ 963.41
428 0167432270000 $ 963.41
429 0167432280000 $ 963.41
430 0167432290000 $ 963.41
431 0167432300000 $ 963.41
432 0167432310000 $ 963.41
433 0167432320000 $ 963.41
434 0167432330000 $ 963.41
435 0167432340000 $ 963.41
436 0167432350000 $ 963.41
437 0167432360000 $ 963.41
438 0167432370000 $ 963.41
439 0167432380000 $ 963.41
440 0167432390000 $ 963.41
441 0167432400000 $ 963.41
442 0299431010000 $ 1,005.88 Annex No. 19
443 0299431020000 $ 1,005.88
444 0299431030000 $ 1,005.88
445 0299431040000 $ 1,005.88
446 0299431050000 $ 1,005.88
447 0299431060000 $ 1,005.88
448 0299431070000 $ 1,005.88
449 0299431080000 $ 1,005.88
450 0299431090000 $ 1,005.88
451 0299431100000 $ 1,005.88
452 0299431110000 $ 1,005.88
453 0299431120000 $ 1,005.88
454 0299431130000 $ 1,005.88
455 0299431140000 $ 1,005.88
456 0299431150000 $ 1,005.88
457 0299431160000 $ 1,005.88
458 0299431170000 $ 1,005.88
459 0299431180000 $ 1,005.88
460 0299431190000 $ 1,005.88
461 0299431200000 $ 1,005.88
462 0299431210000 $ 1,005.88
463 0299431220000 $ 1,005.88
464 0299431230000 $ 1,005.88
465 0299431240000 $ 1,005.88
466 0299431250000 $ 1,005.88
467 0299431260000 $ 1,005.88
468 0299431270000 $ 1,005.88
469 0299431280000 $ 1,005.88
470 0299431290000 $ 1,005.88
471 0299431300000 $ 1,005.88
472 0299431310000 $ 1,005.88
473 0299431320000 $ 1,005.88
474 0299431330000 $ 1,005.88
475 0299431340000 $ 1,005.88
476 0299421010000 $ 875.00 Annex No. 20
477 0299421020000 $ 875.00
478 0299421030000 $ 875.00
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 9 of 12 Redlands Regular Meeting of 07-19-22 330 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
479 0299421040000 $ 875.00
480 0299421050000 $ 875.00
481 0299421060000 $ 875.00
482 0299421070000 $ 875.00
483 0299421080000 $ 875.00
484 0299421090000 $ 875.00
485 0299421100000 $ 875.00
486 0299421110000 $ 875.00
487 0299421120000 $ 875.00
488 0299421130000 $ 875.00
489 0299421140000 $ 875.00
490 0299421150000 $ 875.00
491 0299421160000 $ 875.00
492 0299421170000 $ 875.00
493 0299421180000 $ 875.00
494 0299421190000 $ 875.00
495 0299421200000 $ 875.00
496 0299421210000 $ 875.00
497 0299421220000 $ 875.00
498 0299421230000 $ 875.00
499 0299421240000 $ 875.00
500 0299421250000 $ 875.00
501 0299421260000 $ 875.00
502 0299421270000 $ 875.00
503 0299421280000 $ 875.00
504 0299421290000 $ 875.00
505 0299421300000 $ 875.00
506 0299421310000 $ 875.00
507 0299421320000 $ 875.00
508 0299421330000 $ 875.00
509 0299421340000 $ 875.00
510 0299421350000 $ 875.00
511 0299421360000 $ 875.00
512 0299421370000 $ 875.00
513 0299421380000 $ 875.00
514 0299421390000 $ 875.00
515 0299421400000 $ 875.00
516 0168911010000 $ 971.43 Annex No. 21
517 0168911020000 $ 971.43
518 0168911030000 $ 971.43
519 0168911040000 $ 971.43
520 0168911050000 $ 971.43
521 0168911060000 $ 971.43
522 0168911070000 $ 971.43
523 0168911080000 $ 971.43
524 0168911090000 $ 971.43
525 0168911100000 $ 971.43
526 0168911110000 $ 971.43
527 0168911120000 $ 971.43
528 0168911130000 $ 971.43
529 0168911140000 $ 971.43
530 0168911150000 $ 971.43
531 0168911160000 $ 971.43
532 0168911170000 $ 971.43
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 10 of 12 Redlands Regular Meeting of 07-19-22 331 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
533 0168911180000 $ 971.43
534 0168911190000 $ 971.43
535 0168911200000 $ 971.43
536 0168911210000 $ 971.43
537 0168911220000 $ 971.43
538 0168911230000 $ 971.43
539 0168911240000 $ 971.43
540 0168911250000 $ 971.43
541 0168911260000 $ 971.43
542 0168911270000 $ 971.43
543 0168911280000 $ 971.43
544 0168911290000 $ 971.43
545 0168911300000 $ 971.43
546 0168911310000 $ 971.43
547 0168911320000 $ 971.43
548 0168911330000 $ 971.43
549 0168911340000 $ 971.43
550 0168911350000 $ 971.43
551 0168911360000 $ 971.43
552 0168911370000 $ 971.43
553 0168911380000 $ 971.43
554 0168911390000 $ 971.43
555 0168911400000 $ 971.43
556 0168911410000 $ 971.43
557 0168911420000 $ 971.43
558 0168911430000 $ 971.43
559 0168911440000 $ 971.43
560 0168911450000 $ 971.43
561 0168911460000 $ 971.43
562 0168911470000 $ 971.43
563 0168911480000 $ 971.43
564 0168911490000 $ 971.43
565 0168911500000 $ 971.43
566 0168911510000 $ 971.43
567 0168911520000 $ 971.43
568 0168921010000 $ 971.43
569 0168921020000 $ 971.43
570 0168921030000 $ 971.43
571 0168921040000 $ 971.43
572 0168921050000 $ 971.43
573 0168921060000 $ 971.43
574 0168921070000 $ 971.43
575 0168921080000 $ 971.43
576 0168921090000 $ 971.43
577 0168921100000 $ 971.43
578 0168921110000 $ 971.43
579 0168921120000 $ 971.43
580 0168921130000 $ 971.43
581 0168921140000 $ 971.43
582 0168921150000 $ 971.43
583 0168921160000 $ 971.43
584 0168921170000 $ 971.43
585 0168921180000 $ 971.43
586 0168921190000 $ 971.43
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 11 of 12 Redlands Regular Meeting of 07-19-22 332 of 974
Line Assessor's Special Tax
No. Parcel No. Levy
EXHIBIT "A"

ANNEXATION LEVY SUMMARY
City of Redlands
Community Facilities District No. 2004-1
Fiscal Year 2022-2023 Special Tax Levy
587 0168921200000 $ 971.43
588 0168921210000 $ 971.43
589 0168921220000 $ 971.43
590 0168921230000 $ 971.43
591 0168921240000 $ 971.43
592 0168921250000 $ 971.43
593 0168921260000 $ 971.43
594 0168921270000 $ 971.43
595 0168921280000 $ 971.43
596 0168921290000 $ 971.43
597 0168921300000 $ 971.43
598 0168921310000 $ 971.43
599 0168921320000 $ 971.43
600 0168921330000 $ 971.43
601 0168921340000 $ 971.43
602 0168921350000 $ 971.43
603 0168921360000 $ 971.43
604 0168921370000 $ 971.43
605 0168921380000 $ 971.43
606 0168921390000 $ 971.43
607 0168921400000 $ 971.43
608 0168921410000 $ 971.43
609 0168921420000 $ 971.43
610 0168921430000 $ 971.43
611 0168921440000 $ 971.43
612 0168921450000 $ 971.43
613 0168921460000 $ 971.43
614 0168921470000 $ 971.43
615 0168921480000 $ 971.43
616 0168921490000 $ 971.43
617 0168921500000 $ 971.43
618 0168921510000 $ 971.43
619 0168921520000 $ 971.43
620 0168921530000 $ 971.43
620 Parcels Totals $ 578,200.16
M:\CITIES\Redlands\LEVY\FY 22-23\FY 22-23 Annexation Levy Breakdown Ex A.xlsSheet1 Page: 12 of 12 Redlands Regular Meeting of 07-19-22 333 of 974
EXHIBIT “B”

ANNEXATION LISTING WITH MAXIMUM AND APPLIED RATES
Redlands Regular Meeting of 07-19-22 334 of 974
Maintenance
Category
Tract/ Parcel
Map No. Landscape Areas BUs
FY 22-23
Maximum Rates
per Benefit Unit (1)
FY 22-23
Maximum Total
Assessment
FY 22-23
Applied Rates
per Benefit Unit
FY 22-23
Total Levy
per Annexation
FY 22-23
Percent of
Max Tax

10.04% inc.
$2,162.76 $138,416.36 $1,531.25

10.04% inc.
$556.84 $6,682.04 $458.33
n/a n/a n/a

10.04% inc.
$370.87 $13,722.10 $0.00

10.04% inc.
$2,399.73 $13,918.44 $1,724.14

10.04% inc.
$945.35 $11,107.85 $723.40
n/a n/a n/a
n/a n/a n/a

10.04% inc.
$356.96 $2,141.74 $0.00

10.04% inc.
$333.04 $14,170.72 $305.52
n/a n/a n/a

10.04% inc.
$320.10 $12,772.17 $0.00

10.04% inc.
$1,039.13 $63,386.86 $803.28

10.04% inc.
$1,161.38 $23,227.59 $875.00

10.04% inc.
$1,039.13 $126,773.72 $786.89

10.04% inc.
$1,039.13 $14,547.80 $892.86

10.04% inc.
$1,893.69 $49,235.99 $0.00

10.04% inc.
$313.83 $22,338.28 $252.88

10.04% inc.
$171.44 $8,657.63 $0.00

10.04% inc.
$1,258.46 $103,193.76 $963.41

10.04% inc.
$1,157.82 $13,893.86 $0.00 $0.00 0.00%
$12,500.00 85.92%
$0.00 0.00%
$18,000.00 80.58%
$0.00 0.00%
$79,000.00 76.56%
n/a n/a
$0.00 0.00%
$49,000.00 77.30%
$17,500.00 75.34%
$96,000.00 75.73%
$8,500.00 76.52%
n/a n/a
n/a n/a
$0.00 0.00%
$13,000.00 91.74%
$98,000.00 70.80%
$5,500.00 82.31%
n/a n/a
$0.00 0.00%
$10,000.00 71.85%
Annexation 17 H TR 17022
Ground cover, shrubs, citrus
and palm trees 12.00
Riverview & Texas St.- Parks,
slopes, parkways, median,
open space, seating and
monument structures

82.00 EXHIBIT "B"

CITY OF REDLANDS
CFD 2004-1
Annexation 14 A
Planned Dev. # 1
PM 19496
California Median
Owner to maintain Parkways 71.18
Annexation 13
Orig.
1 Annexation
9 Annexation 7
District
Landscaping
Annexation 12a
Annexation 11 A
(BOA Maintained)
M
(HOA Maintained)
TR 18882 Street Trees 26.00
CFD 2004-1 K
E
Annexation 6 Failed
Annexation 5
Annexation 3
A
(Construction has
not started)
0 Annexation
2 Annexation 4
B
On Hold
Drainage Basin
Ford Street Median
CRA 826
PM 17353
n/a

12.00 Redlands Median 42.55

64.00 TR 16586
TR 16408 Please see Orig. ER
Annexation 10 On Hold TR 18762
Annexation
California Street center
Median
TTM 17253

11.75 5.80

37.00 Annexation 8
A PM 18208
TTM 16806
Parcel 2 of
PM 15573 On Hold
A
(Construction has
not started)
n/a
TR 16287
15 A PM 18536-1
Ground cover, shrubs, turf,
trees and palm trees
n/a
n/a
Annexation 12b H TR 16627
Street trees, parkways, basin,
proposed Orange groves 20.00
Street trees, parkways, basin,
proposed Orange groves 61.00

39.90 G TR 16465
PM 19371
Street Trees on Lugonia &
Wabash

6.00 TR 14790-1

50.50 Annexation 12c G
TR 18979, 19975
&
20079
Street trees, parkways, basin,
proposed Orange groves 122.00
Annexation 12d G
TR 18979, 19975
&
20079
Street trees, parkways, basin,
proposed Orange groves 14.00
Annexation 16 I TR 18988
Annexation
Page: 1 of 2
Redlands Regular Meeting of 07-19-22 335 of 974
Maintenance
Category
Tract/ Parcel
Map No. Landscape Areas BUs
FY 22-23
Maximum Rates
per Benefit Unit (1)
FY 22-23
Maximum Total
Assessment
FY 22-23
Applied Rates
per Benefit Unit
FY 22-23
Total Levy
per Annexation
FY 22-23
Percent of
Max Tax
EXHIBIT "B"

CITY OF REDLANDS
CFD 2004-1
District
Landscaping

10.04% inc.
$779.05 $13,867.04 $0.00

10.04% inc.
$1,310.60 $44,560.25 $1,005.88

10.04% inc.
$1,107.61 $44,304.25 $875.00

10.04% inc.
$1,340.79 $140,782.59 $971.43

10.04% inc.
$284.91 $4,410.44 $0.00

10.04% inc.
$385.15 $3,678.19 $0.00

10.04% inc.
$715.28 $2,825.36 $0.00
$350.00 $72,450.00 $0.00
(1) The percentage increase listed is rounded to two decimal places, but has not been rounded when calculating the maximum rates for Fiscal Year 2022-23.

Annexation 26 B TR 20257 $0.00 0.00% Texas & Pioneer - Parkway trees
207.00
$0.00 0.00%
$0.00 0.00%
$0.00 0.00%
$0.00 0.00%
$34,200.00 76.75%
$35,000.00 79.00%
$102,000.00 72.45%
Annexation 24 E CUP 1129 Parkway 3.95
Annexation 23 B PM 18536 Parkway 9.55
Annexation 19 J TTM 19942
Sylvan Blvd & Wabash St.-
Mulch, shrubs, trees, orange
groves, trees and palm trees

34.00 Annexation 21 J TR 20126
Judson St & Lugonia Ave.-
Ground cover, mulch, shrubs,
orange groves, trees and basin
105.00
Annexation 22 A
(Owner Maintained)
PM 19981
CRA 900
Parkway 15.48
Annexation 18 E
(Owner Maintained)
PM 19465
Ground cover, shrubs, turf,
trees and palm trees 17.80
Annexation 20 H TTM 19956
Highland Ave. & Wabash St.-
Ground cover, shrubs, turf,
trees and palm trees

40.00 District Max Rates Applied Rates Notes
Original District (TR 16408) $2,162.76 $1,531.25
Annexation No. 1 (TR 16287) $556.84 $458.33
Annexation No. 2 (TR 16586) n/a n/a Annexation is on Hold Annexation No. 3 (TTM 17253) $370.87 $0.00 Not levied; Improvements have not been put in Annexation No. 4 (PM 17353) $2,399.73 $1,724.14
Annexation No. 5 (CRA 826) $945.35 $723.40
Annexation No. 6 (TR 14790-1) n/a n/a Annexation Failed Annexation No. 7 (PM 15573) n/a n/a Annexation is on Hold Annexation No. 8 (TR 16806) $356.96 $0.00 Not levied; Improvements have not been put in Annexation No. 9 (PM 18208) $333.04 $305.52
Annexation No. 10 (TR 18762) n/a n/a Annexation is on Hold Annexation No. 11 (PM 19731) $320.10 $0.00 Business Owner's Association maintained.

Annexation No. 12a (TR 16465) $1,039.13 $803.28
Annexation No. 12b (TR 16627) $1,161.38 $875.00
Annexation No. 12c (TR 18979, 19975 & 20079) $1,039.13 $786.89 Annexation No. 12d (TR 18979, 19975 & 20079) $1,039.13 $892.86 Annexation No. 13 (TR 18882) $1,893.69 $0.00 HOA Maintained Annexation No. 14 (PM 19496) $313.83 $252.88
Annexation No. 15 (PM 18536-1) $171.44 $0.00
Annexation No. 16 (TR 18988) $1,258.46 $963.41
Annexation No. 17 (TR 17022) $1,157.82 $0.00
Annexation No. 18 (PM 19465) $779.05 $0.00 Owner Maintained Annexation No. 19 (PM 19942) $1,310.60 $1,005.88
Annexation No. 20 (TM 19956) $1,107.61 $875.00
Annexation No. 21 (TR 20126) $1,340.79 $971.43
Annexation No. 22 (PM 19981 CRA 900) $284.91 $0.00 Owner Maintained Annexation No. 23 (PM 18536) $385.15 $0.00
Annexation No. 24 (CUP 1129) $715.28 $0.00
Annexation No. 26 (TR20257 ) $350.00 $0.00
Max/Applied Tax Rates per Benefit Unit for FY 22-23
Page: 2 of 2
Redlands Regular Meeting of 07-19-22 336 of 974
CFD 2004-1 Annexations List
In August 2004 Council approved the establishment of community facilities district (CFD) No. 2004-1, for Tract No. 16408, the Centex tract located at the southwest corner of Fifth Avenue and Wabash Avenue in the City of Redlands. The CFD was developed to cover the ongoing cost of maintenance of street trees, citrus groves landscaping and other appurtenances located along Fifth Avenue and Wabash Avenue.

In May 2006 Council approved Annexation No. 1 (Tract No. 16287) to the CFD, located at Occidental Drive and Crystal Court for the maintenance of landscaping and water quality treatment devices in the open space lots. During this last year, Annexation No. 1 subdivided the properties on site from two lots to twelve lots.

Annexation No. 2 (Tentative Tract No. 16586), located north of I-10 and both sides of the proposed Wabash Street alignment has been on hold since October 2006.

In July 2006 Council approved Annexation No. 3 (Tentative Tract No. 17253) to the CFD, located at the southwest corner of Lugonia Avenue and Church Street for the maintenance of the landscape and the associated irrigation equipment on Lugonia Avenue parkway frontages. This project has not yet begun construction.

In October 2008 Council approved Annexation No. 4 (Parcel Map No. 17353) to the CFD, located at Ford Street and Interstate 10 for the maintenance of the landscape in the median island and the associated irrigation equipment.

In October 2008 Council approved Annexation No. 5 (Commission Review and Approval No. 826) to the CFD, located at California Street and Orange Tree Lane for the maintenance of the landscape in the median island and the associated irrigation equipment on California Street and the parkway frontages along both streets.

Annexation No. 6 (Tract No 14790-1), located adjacent to Sunset Hills Lane, west of Alessandro Road did not receive sufficient votes needed to annex into the CFD in June 2009.

Annexation No. 7 (Parcel 2 of Parcel Map No. 15573), located at the northeast corner of San Bernardino Avenue and Mountain View Avenue, has been on hold since February 2011.

In February 2011 Council approved Annexation No. 8 (Tentative Tract No. 16806) to the CFD, located at southeast corner of Pennsylvania Avenue and Texas Street for the maintenance of the landscape and the associated irrigation equipment on Pennsylvania Avenue and Texas Street parkway frontages. This project has not yet begun construction.

In November 2012 Council approved Annexation No. 9 (Parcel Map No, 18208) to the CFD located at the southeast corner of Redlands Boulevard and Nevada Street for the maintenance of landscaping and the associated irrigation equipment on Redlands Redlands Regular Meeting of 07-19-22 337 of 974
Boulevard and Nevada Street parkway frontages and the Redlands Boulevard raised center median.

Annexation No. 10 (Tract No. 18762-1), located at the northeast corner of Orange Street and Lugonia Avenue, has been completed since July 2016. Annexation No. 10 is dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexations are not being assessed.

In June 2014 Council approved Annexation No. 11 (Parcel Map No. 19371) to the CFD located at the northwest corner of Lugonia Avenue and Wabash Avenue for the maintenance of landscaping and the associated irrigation equipment on Lugonia Avenue and Wabash Avenue Street parkway frontages. Annexation No. 11 is dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexations are not being assessed.

In June 2014 Council approved Annexation No. 12 (Tract Map Nos. 16465 and 16627) to the CFD located at the southwest and southeast corners of Pioneer Avenue and Judson Street, respectively, for the maintenance of landscaping and the associated irrigation equipment on Pioneer Avenue and Judson Street parkway frontages, maintenance of landscaping and water quality treatment devices in the open space lots, and for the maintenance of landscaping and the associated irrigation equipment on the common area lots. Annexation No. 12a (Tract No. 16465) is nearly complete. A 50% assessment is being proposed to establish a reserve fund. Annexation No. 12b was completed in July 2016 and is being assessed. Annexation No. 12c (Tract Map Nos. 18979 and 19975) located east of Tract Map No. 16627 and between Pioneer Avenue and Pennsylvania Avenue was approved by City Council in June 2016. A 50% assessment is being proposed to establish a reserve fund. Annexation No. 12d (Tract Map No. 20079) was approved by Council in May 2018. A 50% assessment is being proposed to establish a reserve fund.

In June 2014 Council approved Annexation No. 13 (Tract Map No. 18882) to the CFD located at the southwest corner of San Bernardino Avenue and Dearborn Street, respectively, for the maintenance of landscaping and the associated irrigation equipment on San Bernardino Avenue and Dearborn Street parkway frontages and for the maintenance of landscaping and the associated irrigation equipment on the common area lots with the exception of Lot B. Annexation No. 13 is dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexation is not being assessed.

In September 2015 Council approved Annexation No. 14 (Parcel Map No. 19496) to the CFD located at the northeast corner of California Street and Lugonia Avenue for the maintenance of landscaping and associated irrigation equipment on the California Street center median. The maintenance of landscaping and associated irrigation equipment on California Street and Lugonia Avenue parkway frontages will be maintained by the property owner and will not be assessed.

Redlands Regular Meeting of 07-19-22 338 of 974
In December 2017 Council approved Annexation No. 15 (Parcel Map No. 18535-1) to the CFD located at the northwest corner of Eureka Street and Stuart Avenue for the maintenance of street trees, landscaping and irrigation in the rights-of-way and landscape maintenance along the property frontage. Annexation No. 15 will be dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexation is not being assessed.

In April 2017 Council approved Annexation No, 16 (Tract Map No. 18988) to the CFD located on the north side of Pioneer Avenue, east of Texas Street for the maintenance of parks, slopes, parkways, median, open space, shade and seating structures, and monuments within and adjacent to said tract.

In July 2017 Council approved Annexation No. 17 (Tract Map No. 17022) to the CFD located at the northeast corner of Pioneer Avenue and Texas Street for the maintenance of slopes, parkways, open space and citrus trees within and adjacent to the tract. This project has not yet begun construction.

In May 2018 Council approved Annexation No. 18 (Parcel Map No. 19465) to the CFD located at the southeast corner of Alabama Street and Park Avenue for the maintenance of street trees, landscaping and irrigation in the rights-of-way and landscape maintenance easement along the property frontage within and in the parcel map. The maintenance of landscaping and associated irrigation equipment on Alabama Street and Park Avenue parkway frontages and landscape maintenance easement will be maintained by the property owner and will not be assessed.

In January, 2020 Council approved Annexation No. 19 (Tract Map No. 19942) located at the northeast corner of Wabash Avenue and Sylvan Boulevard was approved for the maintenance of parks, slopes, parkways, and open space.

In May 2019 Council approved Annexation No. 20 (Tract Map No. 19956) to the CFD located at the southeast corner of Wabash Avenue and Citrus Avenue for the maintenance of slopes, parkways, and open space within and adjacent to the tract. This project is currently under construction.

In September 2019 City Council approved Annexation No. 21 (Tract Map No. 20126) to the CFD located on the north side of Lugonia Avenue, south of Pennsylvania Avenue, east of Judson Street for the maintenance of parks, slopes, parkways, open space, and citrus groves.

In June 2020 Council approved Annexation No. 22 (Parcel Map No. 19981) to the CFD located at the northwest corner of Alabama Street and Park Avenue for the maintenance of parkways.

In April 2021 Council approved Annexation No. 23 (Parcel Map No. 18536) to the CFD located at the southwest corner of Eureka Street and Stuart Avenue for maintenance of parkways.

Redlands Regular Meeting of 07-19-22 339 of 974
In January 2021 Council approved Annexation No. 24 (Conditional Use Permit No. 1129) located at the southeast corner of Eureka Street and Stuart Avenue for maintenance of parkways. The maintenance of landscaping and associated irrigation equipment on Eureka Street and Stuart Avenue parkway frontages will be maintained by the property owner and will not be assessed.

Annexation No. 25 (Tract Map No. 20065) located at the southwest corner of East Highland Avenue and Redlands Street is expected to be presented to Council in September, 2022 for the maintenance of street trees, open space, retention basin and infiltration trenches.

In March 2022 Council approved Annexation No, 26 (Tract Map No. 20257) located at the northwest corner of San Bernardino Avenue and Texas Street for the maintenance of perimeter lettered lots, retention basins, and street trees. This project is currently under construction.

Redlands Regular Meeting of 07-19-22 340 of 974
City Council Meeting I. 13.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8368 regarding ad valorem taxes exchanged between the City of Redlands, the City of San Bernardino, and the San Bernardino County Fire Protection District resulting from the jurisdictional change described by LAFCO Case No. 3258 for portions of real property located at the Mountain View Avenue road bridge (APNs: 0292-011-37-0000, 0292-011-42-0000, and portion of the road bridge), and a determination of exemption from environmental review in accordance with the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Development Services Director Desatnik) MOTION(S):

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

I move that City Council adopt Resolution No. 8368, and further find that the Resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.

RECOMMENDATION:

Staff recommends that City Council adopt Resolution No. 8368.

DISCUSSION:

The Inland Valley Development Agency has filed applications with the Local Agency Formation Commission (LAFCO) of San Bernardino County to initiate proceedings pursuant to the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 and the California Government Code. The applications for LAFCO Case Nos. 3257 and 3258 propose a re-organization of jurisdictional boundaries related to fire service and emergency response for the Mountain View Avenue bridge and surrounding Santa Ana River Wash. At the Redlands Regular Meeting of 07-19-22 341 of 974
Mountain View Avenue bridge and surrounding Santa Ana River Wash. At the present time, the westerly half of the bridge is within the City of San Bernardino, and the easterly half is within the City of Redlands. The easterly half of the bridge and area to the east totaling approximately 6.27 acres (see Attachment A - Location Map) would be detached from the City of Redlands, and concurrently annexed into the City of San Bernardino and the San Bernardino County Fire Protection District.

The City of San Bernardino and the San Bernardino County Fire Protection District currently provide first responder service to the Mountain View bridge.

After approval by LAFCO, the City of Redlands would no longer be responsible for primary fire response in the event fire services are summoned, and responsibility for first response would belong to the City of San Bernardino and the San Bernardino County Fire Protection District. The City of Redlands maintains mutual aid agreements and may be called for emergency assistance, but not typically as the first responder. The attached Plan for Service explains that there will be no functional changes to fire service or medical response for the bridge area.

The LAFCO applications have been reviewed by the Redlands Fire Department and the Development Services Department, and no concerns have been noted.

The applications have also been reviewed by LAFCO’s Technical Review Committee and have been authorized to proceed for completion of the re-organization.

As a required element of the Inland Valley Development Agency’s application to the County, LAFCO requires a resolution from the City Council agreeing to an exchange of ad valorem taxes for the subject properties. In this case, however, the value of the property taxes is $0.00 (as determined by the County Auditor-Controller/Treasurer/Tax Collector) and no exchange of taxes will be necessary. The attached Resolution No. 8368 will provide the City Council’s written authorization as required by LAFCO.

ALTERNATIVES:

The City Council can continue the item and request more information on any specific concerns. However, San Bernardino County LAFCO has requested to receive a resolution no later than August 12, 2022, to continue processing the applications.

STRATEGIC PLAN:

Priority B, Public Health and Safety: Enhance services and programs so that all community members are safe, sheltered, and have access to Redlands’ core services.

Redlands Regular Meeting of 07-19-22 342 of 974
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Rich Sessler, Fire Chief
PREPARED BY:

Brian Foote, City Planner/Planning Manager
Fiscal Impact
Fiscal Year: 22-23
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:

There are no fiscal impacts associated with the adoption of the resolution or the LAFCO applications.

Attachments
Attachment A: Location Map
Attachment B: LAFCO Application No. 3257
Attachment C: LAFCO Application No. 3258
Attachment D: Plan for Service
Attachment E: Auditor's Report on Taxes
Attachment F: Resolution No. 8368
Redlands Regular Meeting of 07-19-22 343 of 974
& 300 ft &

CITY OF

REDLANDS

CITY OF SAN

BERNARDINO MOUNTAIN

VIEW AVE

CALIFORNIA ST

SAN BERNARDINO AVE
Sphere Amendment/Reorganization Area
City Spheres of Influence
City of Redlands
City of San Bernardino
LAFCO 3257 - Sphere of Influence Amendment for City of San Bernardino (expansion), San Bernardino County Fire Protection District(expansion), and City of Redlands (reduction)
Santa Ana River
E Central Ave
S Mountain View Ave
±
0 0.04 0.07
Miles
Disclaimer: The information show is
intended to be used for general display
only and is not to be used as an official map.

City of San Bernardino
and its Sphere of Influence
City of Redlands and
its Sphere of Influence
Author: Hannah Larsen Created: 04/12/2022
LAFCO 3258 - Reorganization to Include Annexation to the City of San Bernardino, San Bernardino County Fire Protection District, its Valley Service Zone and its Zone FP-5, and Detachment from City of Redlands Santa Ana River
Redlands Regular Meeting of 07-19-22 344 of 974

SAN BERNARDINO LAFCO

APPLICATION AND PRELIMINARY

ENVIRONMENTAL DESCRIPTION FORM
(FOR LAFCO USE ONLY)
INTRODUCTION: The questions on this form and its supplements are designed to obtain enough data about the proposed project site to allow the San Bernardino LAFCO, its staff and others to adequately assess the project. By taking the time to fully respond to the questions on the forms, you can reduce the processing time for your project. You may also include any additional information which you believe is pertinent. Use additional sheets where necessary, or attach any relevant documents.

GENERAL INFORMATION

1. NAME OF PROPOSAL: Mountain View Avenue Bridge Reorganization and Sphere of Influence Amendment: Reduction for City of Redlands: Expansion for City of San Bernardino: Reorganization to Include Annexation to San Bernardino: and Detachment from City of Redlands

2. NAME OF APPLICANT: Inland Valley Development Agency
MAILING ADDRESS: 1601 E. Third Street, Suite 100, San Bernardino. CA 92408 PHONE: ( 909 ) -'3=8=2'-----4,_,1--=-00.,.__ _____ _
FAX: ( 909 ) -'3=-=8=2---'-4'--'-1 =06,,__ _ ____ _
E-MAIL ADDRESS: [email protected]

3. GENERAL LOCATION OF PROPOSAL: The Mountain View Avenue bridge extends from just north of the intersection of San Bernardino Avenue and Mountain View Avenue to the intersections of Central Avenue and Mountain View Avenue. Refer to attached Figure 1.

4. Does the application possess 100% written consent of each landowner in the subject territory? YES _L NO _ If YES, provide written authorization for change. See attached Amendment

5. Indicate the reasons that the proposed action has been requested. The City of Redlands has requested to be detached from the east side of the bridge and to have the whole bridge annexed to the City of San Bernardino incorporated territory.

6. Would the proposal create a totally or substantially surrounded island of unincorporated territory? YES _ NO __L__ If YES, please provide a written justification for the proposed boundary configuration.
1 Redlands Regular Meeting of 07-19-22 345 of 974
(FOR LAFCO USE ONLY)

LAND USE AND DEVELOPMENT POTENTIAL

1. Total land area (defined in acres):

Area to be annexed to the City of San Bernardino and detached from City of Redlands is +6.27 acres.

2. Current dwelling units in area classified by type (Single Family detached, multi-family (duplex, four-plex, 10-unit), apartments)
None

3. Approximate current population in area:

None

4. Indicate the General Plan designation(s) of the affected city (if any) and uses permitted by this designation(s):

The City of San Bernardino designates Mountain View Avenue as a secondary collector roadway between San Bernardino Avenue and Central Avenue. The Santa Ana River is designated as Public-Quasi Public.

San Bernardino County General Plan designation(s) and uses permitted by this designation(s):

NIA County has no jurisdiction along the bridge alignment. The bridge is presently half in City of San Bernardino and half in City of Redlands: when annexation is completed the whole bridge will be located in San Bernardino.

5. Describe any special land use concerns expressed in the above plans. In addition, for a City Annexation or Reorganization, provide a discussion of the land use plan's consistency with the regional transportation plan as adopted pursuant to Government Code Section 65080 for the subject territory:

The area proposed for Sphere of Influence modification and Reorganization is designated Public/Quasi Public due to the presence of the Santa Ana River floodplain at this location. Other than avoidance, no other special land use concern exists at this site. This site (bridge) already enhances regional transportation and this will not change in the future.

6. Indicate the existing land use.

The area proposed for reorganization consists of the Mountain View Avenue Roadway, a Secondary Collector in the City of San Bernardino and Santa Ana River Floodplain.

What is the proposed land use?
Use will remain the same after reorganization.
2 Redlands Regular Meeting of 07-19-22 346 of 974
(FOR LAFCO USE ONLY)

7. For a city annexation, State law requires pre-zoning of the territory proposed for annexation.

Provide a response to the following:

The City of San Bernardino General Plan designates the reorganization area "roadway". It does not have any zone designations.
a. Has pre-zoning been completed? YES _ NO _JL_
b. If the response to "a" is NO, is the area in the process of pre-zoning? YES_ NO _JL_ Identify below the pre-zoning classification, title, and densities permitted. If the pre-zoning process is underway, identify the timing for completion of the process.

No pre-zoning proposed because the site consists of the Mountain View Avenue bridge and Santa Ana River floodplain and these uses will not be altered.

8. Will the proposal require public services from any agency or district which is currently operating at or near capacity (including sewer, water, police, fire, or schools)? YES_ NO _L If YES, please explain.

9. On the following list, indicate if any portion of the territory contains the following by placing a checkmark next to the item:
□
□
Agricultural Land Uses
Williamson Act Contract
□ Agricultural Preserve Designation
□ Area where Special Permits are Required
□ Any other unusual features of the area or permits required: ~N~o~n~e~k~n~o~w~n~------

10. If a Williamson Act Contract(s) exists within the area proposed for annexation to a City, please provide a copy of the original contract, the notice of non-renewal (if appropriate) and any protest to the contract filed with the County by the City. Please provide an outline of the City's anticipated actions with regard to this contract.

N/A

11. Provide a narrative response to the following factor of consideration as identified in §56668(0):

The extent to which the proposal will promote environmental justice. As used in this subdivision, "environmental justice" means the fair treatment of people of all races, cultures, and incomes with respect to the location of public facilities and the provision of public services:

The proposed reorganization area is a roadway over the River floodplain that provides all area residents with better public north-south access. No environmental justice issues are noted. 3 Redlands Regular Meeting of 07-19-22 347 of 974
(FOR LAFCO USE ONLY)

ENVIRONMENTAL INFORMATION

1. Provide general description of topography. The Mountain View Avenue bridge crosses the Santa Ana River which has a very shallow slope (east to west) beneath the bridge: i.e., essentially flat.

2. Describe any existing improvements on the site as % of total area.

Residential _______ %
Commercial ________ %
Industrial _____ ___ %

3. Describe the surrounding land uses:

NORTH San Bernardino International Airport
EAST Santa Ana River Floodplain
SOUTH Industrial - Power Plant
WEST Santa Ana River Floodplain
Agricultural
Vacant
Other
_ _ ________ %
_________ %
Roadway/Bridge 20% %

4. Describe site alterations that will be produced by improvement projects associated with this proposed action (installation of water facilities, sewer facilities, grading, flow channelization, etc.).

No further site alterations are proposed on or to the bridge.

5. Will service extensions accomplished by this proposal induce growth on this site? YES_ NO __L Adjacent sites? YES_ NO_ Unincorporated_ Incorporated_

6. Are there any existing out-of-agency service contracts/agreements within the area? YES_ NO __L If YES, please identify.

7. Is this project a part of a larger project or series of projects? YES_ NO __L If YES, please identify.
4 Redlands Regular Meeting of 07-19-22 348 of 974
(FOR LAFCO USE ONLY)

NOTICES
Please provide the names and addresses of persons who are to be furnished mailed notice of the hearing(s) and receive copies of the agenda and staff report.

NAME City of Redlands TELEPHONE NO. (909) 798-7500
ADDRESS: 35 Cajon Street. Redlands. CA 92373
NAME City of San Bernardino TELEPHONE NO. (909) 384-5211 ADDRESS: 300 North "D" Street. San Bernardino, CA 92418 Inland Valley Development Agency/
NAME San Bernardino lnt'I Airport Authority TELEPHONE NO. _ _....,,(9=0-=-9)~3~8=2---' 4'""'"1 """ 00=----- ADDRESS: 1601 E. Third Street, Suite 100, San Bernardino, CA 92408

CERTIFICATION
As a part of this application. the Inland Valley Development Agency , or the _________ _ district, _________ (the applicant) and/or the _________ (real party in interest: subject landowner and/or registered voter) agree to defend, indemnify, hold harmless, and release the San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim. action, proceeding brought against any of them, the purpose of which is to attack, set aside, void. or annul the approval of this application or adoption of the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs. and expenses, including attorney fees. The person signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I/We understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.

As the proponent, I/We acknowledge that annexation to the city of San Bernardino or the _________ district may result in the imposition of taxes, fees, and assessments existing within the (city or district) on the effective date of the change of organization. I hereby waive any rights I may have under Articles XIIIC and XIIID of the State Constitution (Proposition 218) to a hearing, assessment ballot processing or an election on those existing taxes, fees and assessments.

I hereby certify that the statements furnished above and in the attached supplements and exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented herein are true and correct to the best of my knowledge and belief.

DATE ~2__,__/w __ /~--

PRINTED NAME OF APPLICANT
c/uel Zkc.t&t'.'. ~.w=
TITLE
5 Redlands Regular Meeting of 07-19-22 349 of 974
(FOR LAFCO USE ONLY)
PLEASE CHECK SUPPLEMENTAL FORMS ATTACHED:
■ ANNEXATION, DETACHMENT, REORGANIZATION SUPPLEMENT
■ SPHERE OF INFLUENCE CHANGE SUPPLEMENT
0 CITY INCORPORATION SUPPLEMENT
0 FORMATION OF A SPECIAL DISTRICT SUPPLEMENT
0 ACTIVATION OR DIVESTITURE OF FUNCTIONS AND/OR SERVICES FOR SPECIAL

DISTRICTS SUPPLEMENT
KRM-Rev. 8/15/2012
6 Redlands Regular Meeting of 07-19-22 350 of 974

SAN BERNARDINO LAFCO

APPLICATION AND PRELIMINARY

GENERAL INFORMATION

4. Does the application possess 100% written consent of each landowner in the subject territory? YES _L NO _ If YES, provide written authorization for change. See attached Amendment

LAND USE AND DEVELOPMENT POTENTIAL

1. Total land area (defined in acres):

Area to be annexed to the City of San Bernardino and detached from City of Redlands is +6.27 acres.

2. Current dwelling units in area classified by type (Single Family detached, multi-family (duplex, four-plex, 10-unit), apartments)
None

3. Approximate current population in area:

None

4. Indicate the General Plan designation(s) of the affected city (if any) and uses permitted by this designation(s):

The City of San Bernardino designates Mountain View Avenue as a secondary collector roadway between San Bernardino Avenue and Central Avenue. The Santa Ana River is designated as Public-Quasi Public.

San Bernardino County General Plan designation(s) and uses permitted by this designation(s):

6. Indicate the existing land use.

The area proposed for reorganization consists of the Mountain View Avenue Roadway, a Secondary Collector in the City of San Bernardino and Santa Ana River Floodplain.

What is the proposed land use?
Use will remain the same after reorganization.
2 Redlands Regular Meeting of 07-19-22 352 of 974
(FOR LAFCO USE ONLY)

7. For a city annexation, State law requires pre-zoning of the territory proposed for annexation.

Provide a response to the following:

No pre-zoning proposed because the site consists of the Mountain View Avenue bridge and Santa Ana River floodplain and these uses will not be altered.

N/A

11. Provide a narrative response to the following factor of consideration as identified in §56668(0):

ENVIRONMENTAL INFORMATION

1. Provide general description of topography. The Mountain View Avenue bridge crosses the Santa Ana River which has a very shallow slope (east to west) beneath the bridge: i.e., essentially flat.

2. Describe any existing improvements on the site as % of total area.

Residential _______ %
Commercial ________ %
Industrial _____ ___ %

3. Describe the surrounding land uses:

No further site alterations are proposed on or to the bridge.

5. Will service extensions accomplished by this proposal induce growth on this site? YES_ NO __L Adjacent sites? YES_ NO_ Unincorporated_ Incorporated_

6. Are there any existing out-of-agency service contracts/agreements within the area? YES_ NO __L If YES, please identify.

7. Is this project a part of a larger project or series of projects? YES_ NO __L If YES, please identify.
4 Redlands Regular Meeting of 07-19-22 354 of 974
(FOR LAFCO USE ONLY)

NOTICES
Please provide the names and addresses of persons who are to be furnished mailed notice of the hearing(s) and receive copies of the agenda and staff report.

DATE ~2__,__/w __ /~--

PRINTED NAME OF APPLICANT
c/uel Zkc.t&t'.'. ~.w=
TITLE
5 Redlands Regular Meeting of 07-19-22 355 of 974
(FOR LAFCO USE ONLY)
PLEASE CHECK SUPPLEMENTAL FORMS ATTACHED:
■ ANNEXATION, DETACHMENT, REORGANIZATION SUPPLEMENT
■ SPHERE OF INFLUENCE CHANGE SUPPLEMENT
0 CITY INCORPORATION SUPPLEMENT
0 FORMATION OF A SPECIAL DISTRICT SUPPLEMENT
0 ACTIVATION OR DIVESTITURE OF FUNCTIONS AND/OR SERVICES FOR SPECIAL

DISTRICTS SUPPLEMENT
KRM-Rev. 8/15/2012
6 Redlands Regular Meeting of 07-19-22 356 of 974
City of San Bernardino Annexation of Mountain View Avenue Bridge Plan for Services LAFCO ??
Introduction
The Inland Valley Development Agency is working with the City of San Bernardino to annex approximately 6.27 acres and detach a comparable amount of land underlying and adjacent to the Mountain (Mtn.) View Avenue Bridge (Bridge) over the Santa Ana River from the City of Redlands. The reorganization will also require annexation to the San Bernardino County Fire Protection District and its respective Service Zones. The annexation and detachment will be accomplished through a Reorganization that will be reviewed and considered by the County of San Bernardino Local Agency Formation Commission (LAFCO). The Reorganization must be accompanied by a companion expansion of the City of San Bernardino and San Bernardino County Fire Protection District's Spheres of Influence and a reduction of the City of Redlands' Sphere of Influence. The two cities have agreed to this proposed change in local jurisdiction. At the present time only one utility is provided to the existing Bridge: electricity. No water, wastewater, or natural gas utilities are provided or used in support of bridge operations and no school or park services are provide to the Bridge. Southern California Edison (SCE) supplies power for night lighting of the Bridge. The IVDA provides Bridge maintenance service. Under present circumstances the City of San Bernardino provides responses to emergency (law enforcement and fire protection and emergency response) service demands on the Bridge and the area proposed for Reorganization.

Detailed Discussion of Service Availability
Water Service
The Bridge is not provided any water service and the underlying property in the Santa Ana River floodplain also does not have any water service. The nearest water service is located in water lines located in Mtn. View Avenue south of the Bridge or in Central Avenue on the north side of the Bridge. The Reorganization will not alter this situation.

Electricity
The Bridge receives electric power from SCE to support night safety lighting. No electricity is provided to the underlying floodplain acreage.

Sewer
No sewer services are required for the parcels encompassed by Reorganization.

Transportation
The Mtn. Avenue Bridge has been an essential element of the area circulation system for about the last ten years. Currently, any maintenance of the Bridge is conducted by the IVDA and this will continue to be the case if the Reorganization is approved.

Lighting
Night lighting is funded and maintained by the IVDA and this will continue to be the case if the Reorganization is approved.

Schools
No school services are required for the current Bridge and this circumstance will not change if the Reorganization is approved.

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Redlands Regular Meeting of 07-19-22 357 of 974
Parks
No Park services are required for the current Bridge and this circumstance will not change if the Reorganization is approved.

Drainage and Roads
As indicated above, maintenance of the Bridge is funded and provided by the IVDA and this includes drainage and the roadway and bridge components.

Police/Fire/Emergency Response
Law Enforcement services are currently provided by the City of San Bernardino, and this circumstance will not change if the Reorganization is approved. The San Bernardino County Fire Protection District (County Fire) provides fire and emergency response within its boundary. It is not clear whether the City of Redlands responds to emergency(ies) on the Bridge or the affected floodplain in the Santa Ana River floodplain. Given mutual aid agreements with County Fire, the City of Redlands may provide emergency service, but not typically as the first responder. Upon completion of the reorganization, County Fire will be the responsible agency for fire and emergency medical response for the entire Bridge.

Page2
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RESOLUTION NO. 8368

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DETERMINING THERE WILL BE NO PROPERTY TAX REVENUES TO BE

EXCHANGED BETWEEN THE CITY OF REDLANDS, THE CITY OF SAN

BERNARDINO, AND THE SAN BERNARDINO COUNTY FIRE

PROTECTION DISTRICT RESULTING FROM THE JURISDICTIONAL
CHANGE DESCRIBED BY LAFCO CASE NUMBER 3258 FOR PORTIONS OF REAL PROPERTY APPROXIMATELY 6.27 ACRES IN TOTAL AREA

LOCATED AT THE MOUNTAIN VIEW AVENUE BRIDGE (PORTIONS OF A.P.N. 0292-011-37-0000, A.P.N. 0292-011-42-0000, AND PORTION OF THE ROAD BRIDGE).

WHEREAS, the Inland Valley Development Agency initiated proceedings pursuant to the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 of the California Government Code described as:

LAFCO 3257 – Sphere of Influence Amendment for City of San Bernardino (expansion), San Bernardino County Fire Protection District (expansion), and City of Redlands (reduction).

LAFCO 3258 – Reorganization to include Annexation to the City of San Bernardino and San Bernardino County Fire Protection District, its Valley Service Zone, and its Service Zone FP-5, and Detachment from the City of Redlands.

WHEREAS, the City of Redlands issued a letter dated June 27, 2022, stating the City’s support for LAFCO No. 3257 and No. 3258 related to the proposed re-organization of fire service for the Mountain View Avenue bridge; and
WHEREAS, adoption of this Resolution is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), as the City has determined there is no possibility of any environmental effects.

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 hereby determines that:

A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission (LAFCO) Executive Officer, the governing bodies of all local agencies whose service area or service responsibilities will be altered by a proposed jurisdictional change shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies.

B. Except as provided in Section 99.01 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more Redlands Regular Meeting of 07-19-22 362 of 974
special districts, the Board of Supervisors of the County of San Bernardino shall, on behalf of the district or districts, negotiate any exchange of property tax revenues.

C. The City Council of the City of Redlands, the City Council of the City of San Bernardino, and the Board of Supervisors of the County of San Bernardino on behalf of the San Bernardino County Fire Protection District have determined that there will be no exchange of property tax revenues as a result of the following jurisdictional change:

Section 2. The City Council of the City of Redlands hereby resolves and orders that:

A. The jurisdictional change does not require any exchange of property tax revenue between the City of Redlands, the City of San Bernardino and the San Bernardino County Fire Protection District. The revenue distribution will remain as reflected in Exhibit “A”.

B. The annual tax increment generated in the area subject to the jurisdictional change will not be altered by the proposed jurisdictional change.

Section 3. The City Council hereby determines that the adoption of this Resolution is exempt from environmental review under the California Environmental Quality Act (Public Resources Code, §21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., §15000 et seq.) Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Resolution may have a significant effect on the environment.

Section 4. The City Clerk of the City of Redlands is hereby directed to certify the passage of this Resolution and to cause a certified copy to be sent to the Executive Officer of the Local Agency Formation Commission (LAFCO) for San Bernardino County.

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

Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 07-19-22 363 of 974
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of July, 2022.

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 07-19-22 364 of 974
EXHIBIT “A”

ESTIMATED PROPERTY TAX REVENUE

AND PROPORTIONS BY AGENCY
[ATTACHED]
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Redlands Regular Meeting of 07-19-22 367 of 974
City Council Meeting I. 14.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement between the City of Redlands and the United States Capitol Police for the purpose of reimbursing the Redlands Police Department for agreed upon mutual aid (Police Chief Catren)
MOTION(S):

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

I move to approve the agreement between the City of Redlands and the United States Capitol Police for the purpose of reimbursing the Redlands Police Department for agreed upon mutual aid.

RECOMMENDATION:

Staff recommends City Council approve the agreement between the City of Redlands and the United States Capitol Police for the purpose of reimbursing the Redlands Police Department for agreed upon mutual aid.

DISCUSSION:

In response to threats against a member of Congress that resides in Redlands, the Redlands Police Department has been working with the United States Capitol Police (USCP) to provide additional security measures at the Congressman’s residence. Recently, the Congressman received a threat over the phone at his DC Office. RPD staff has listened to a recording of the threat and has confirmed it meets the elements of PC 422- criminal threats.

In response to this threat, the USCP would like to fund added security measures for the Congressman when he is in his home district. The USCP is willing to reimburse the Redlands Police Department for these added security measures.

In order for the USCP to reimburse the Redlands PD for the expense, the USCP Redlands Regular Meeting of 07-19-22 368 of 974
In order for the USCP to reimburse the Redlands PD for the expense, the USCP requires that the Redlands Police Department enter into a memorandum of understanding (MOU) with the USCP.

ALTERNATIVES:

Do not approve the agreement.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Travis Martinez, Deputy Chief of Police
Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: Y
Appropriation Required Y/N: N
Amount: unknown
Budgeted Y/N: N
Discussion:

The United States Capitol Police will be reimbursing the City of Redlands for the hours spent conducting the mutual aid at the official hourly billed rate for officer, corporal, or sergeant depending on the rank of the person working the assignment. At this time, Staff is unable to determine the exact amount of reimbursement.

Attachments
US Capitol Police MOU
Redlands Regular Meeting of 07-19-22 369 of 974
Redlands Regular Meeting of 07-19-22 370 of 974

MEMORANDUM OF UNDERSTANDING

BETWEEN
ThE UNITED STATES CAPITOL

POLICEAND

THE CITY OF REDLANDS
iNTRODUCTION
This Memorandum of Understanding (“MOU”) is entered into by and between the United States Capitol Police (“USCP”) and the City of Redlands (City), collectively referred to as the “Parties,” for the purpose of reimbursing City for agreed upon mutual aid provided to the USCP as further described below.

H. BACKGROUND
The USCP is a federal law enforcement agency under the Legislative Branch of Government. It is the mission ofthe USCP to protect the Congress — its Members, employees. visitors, and facilities — so it can fulfill its constitutional and legislative responsibilities in a safe, secure and open environment. The USCP Dignitary Protection Division (DPD) is a subset of the USCP Protective Services Bureau (PSB) and has the statutory requirement pursuant to 2 U.S.C. § I 966 to protect the Members ofCongress when security considerations so require. In order to fulfill this responsibility, DPD requires augmentation of its capabilities in the form of uniformed law enforcement officers at a Member’s residence in his home district.

The City of Redlands Police Department (RPD) is the law enforcement agency of Redlands, California. It is dedicated to the community and strives to build and maintain the greatest level oftrust and confidence of its citizens. Through positive partnerships with its citizens and businesses, it serves the community with the highest standards of honor, integrity and professionalism to protect life, property, and the environment for all who live, work, visit or commute within the RPD’s jurisdiction.

DL PURPOSE
A. The purpose ofthis MOlE is to set forth the terms by which the USCP will reimburse the City for the protective services specified in Section IV(A),such services to commence on July 1 9, 2022.

B. This MOU is an agreement between the Parties and is not intended and should not be construed, to create or confer any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against City, USCP, or any state, locality, or other entity.

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Redlands Regular Meeting of 07-19-22 371 of 974
Iv. RESPONSIBILITIES Of RPD UNDER THIS MOU
A. City shall provide support and enhancements to the USCP DPD protective mission by assigning an officer(s) in a vehicle (marked or unmarked), whenavailable, from July 1 9, 2022 through a mutually agreed upon date, to the residence of Congressman Pete Aguilar (Congressman) and his immediatefamily when the Congressman is in his home district. The Congressman’s residence is located at the address on file with the RPD. The assigned RPD officer(s), shall complete any tasks necessary to ensure the safety and security of the Congressman and his immediate family. Tasks include, but are not limited to maintaining a visible presence in front ofthe Congressman’s home, monitoring the area for suspicious activity, responding appropriately to situations needing law enforcement attention, and providing all other services, as needed, to provide protection for the Congressman and his immediate family. The assigned RPD officer(s) shall report all suspicious and/or criminal activity to the DPD and maintain routine communications with DPD leadership.

B. City agrees to provide the USCP with a summary of expenses incurred in conhiection with RPI)’s provision of pn)tective services. to include law enforcement services. equipment, and resources utilized on behalfofthe U SC P.

This summary will be consistent with the format for record keeping provided by the U SC P.

C. RPD may provide protective and other services as requested by the JSCP in the future if agreed to by both Parties.

V. RESPONSIBILITIES OF USCP UNI)ER THIS MOtJ
A. The USCP agrees to provide the necessary funds due to City as part of the agreement made betvveen both parties.

B. The USCP agrees to bear its own costs in relation to this MOU.

VI. DURATION OF TillS MOU
This N1()U will continue in force until it is terminated by either party.

VII. FUNDING
No provision ofthis MOU shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, 3 1 U.S.C. § 1 341 . Reimbursements and expenditures under this MOU shall be subject to the USCP’s budgetary processes and to the availability of funds.

VIII. SEVERABILITY

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Redlands Regular Meeting of 07-19-22 372 of 974
Nothing in this M)U shall be construed to conflict with current law. Ifa term of this N’IOU is inconsistent with such authority. that term shall be invalid to theextent ofthe inconsistency. The remainder ofthat term and all other terms ofthis MOU shall remain in effect.
lx. NoTICE
The following individuals are the contact points for each Party under this MOU:

Acting I)eputy Chief
Protective Services Bureau
United States Capitol Police
1 19 1) Street. NE
Washington. I)C 2t)5 ] 0
(C) 202-384-8720
Travis Martinez
Deputy Chief
Redlands Police Department
30 Cajon StreetRedlands, CA 92373
(0) 909-798-7681
The Parties will provide notification ofany changes to the contact points. x. MODIFICATIONS
The terms and conditions ofthis MOU may be modified only upon prior writtenagreement by the Parties.

XI. MISCELLANEOUS
The Parties shall comply with all applicable laws. rules. and regulations.

IN WITNESS WHEREOF, the parties hereto have executed this MOU as follows:

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Redlands Regular Meeting of 07-19-22 373 of 974
UNITED STATES CAPITOl. POLICE:

Date: 2/(3t I

CAPITOL POLICE
PAUL T. BARICH

MAYOR, CITY OF REDLANDS
ATTEST:

JEANNE DONALDSON, CITY CLERK
i)ate:

CITY OF RE[)LANDS:

Page 4 of 4 ends

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City Council Meeting I. 15.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Interlocal Agreements between the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, relating to the distribution of the FY 2019 and FY 2020 Justice Assistance Grants; approve additional appropriations in the amounts of $14,530 and $14,374,
respectively, to the Police Department; authorize the acceptance of the FY 2017 and FY 2018 Justice Assistance Grant Modifications in the amounts of $13,937 and $13,826, respectively, to authorize the purchase of cameras and communication equipment;
and determine that approval of the Interlocal Agreements, additional appropriations and acceptance of the Justice Assistance Grant modifications is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Police Chief Catren) MOTION(S):

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

I move to determine that approval of the Interlocal Agreements, additional appropriations and acceptance of the Justice Assistance Grant modifications is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the Interlocal Agreements between the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, Calif., concerning the distribution of the FY 2019 and FY 2020 Justice Assistance Grants; and

2. Redlands Regular Meeting of 07-19-22 375 of 974
I move to approve additional appropriations in the amounts of $14,530 and $14,374, respectively, to the Police Department; and

3. I move to authorize the acceptance of the FY 2017 and FY 2018 Justice Assistance Grant Modifications in the amounts of $13,937 and $13,826, respectively, to authorize the purchase of cameras and communication equipment.

4. RECOMMENDATION:

Staff recommends that Council approve the Interlocal Agreements between the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, Calif., concerning the distribution of the FY 2019 and FY 2020 Justice Assistance Grants, and approve additional appropriations in the amounts of $14,530 and $14,374, respectively, to the Police Department. Also, authorize the acceptance of the FY 2017 and FY 2018 Justice Assistance Grant Modifications in the amounts of $13,937 and $13,826, respectively, to authorize the purchase of cameras and communication equipment and determine that approval of the Interlocal Agreements, additional appropriations and acceptance of the Justice Assistance Grant modifications is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

The City of Redlands Police Department (RPD) is entitled to a share of the 2019 and 2020 Justice Assistance Grant (JAG) award monies which are allocated based on the population of our city. All the above-listed governmental agencies agree to allow the County of San Bernardino to administer the grant funds and to distribute to each agency their allocated monies so the funds can be expended in accordance with JAG guidelines. The City of Redlands Police Department will receive $14,530 for the 2019 JAG award and $14,374 for the 2020 JAG award, for a total of $28,904.

The RPD intends to utilize the $28,904 to purchase PUMA digital recording devices. Currently, officers are required by policy to maintain and use a digital recorder while on duty to record contacts with the public. The department has had PUMA digital recorders for many years and over the years, we have only updated the recorders as needed. Currently, the department has older recorders (PUMA-3) that are beginning to age and are in need of replacement.

Additionally, the department has recently added PUMA recording management software that works best with the most recent recorders, PUMA-5. For these reasons, staff requests that funds from the JAG 2019 and JAG 2020 grants be Redlands Regular Meeting of 07-19-22 376 of 974
used to update all digital recorders assigned to personnel to ensure they are working properly and that they work seamlessly with current management software.

Previously, the RPD applied for and was awarded the 2018 JAG award in the amount of $13,826 to implement a software system with specific public sector functionality to automate the management of employee performance evaluations and to purchase a 360 degree LED scene light for the department’s Traffic Unit.

City Council approved the acceptance of this grant award on September 4, 2018; however, the Federal government is just now approving the release of the funds and these items are no longer the most critical needs facing the department. In 2018, the City had a PTZ camera positioned to provide a view of Ed Hale’s Park and the surrounding area. It allowed a member of the RPD to speak to citizens in the park and provide information if needed, and it was part of a comprehensive plan to provide additional resources and act as a force multiplier for patrol officers. Since then, the camera was removed and a need for a replacement has been identified. The RPD also has an offsite Property and Evidence Room that houses evidence from crimes, narcotics, DNA, firearms, and currency, and there are currently no surveillance cameras inside this room.

RPD has identified the need to purchase two (2) dome cameras that will be hardwired and linked to other PD cameras. The new cameras will cover the entrance/exit door, along with the working areas of staff. Approval of the grant modification to purchase these cameras would allow for the protection, safety, and wellbeing of those at Ed Hales Park and inside the RPD Property and Evidence Room.

Originally, the RPD applied for and was awarded the 2017 JAG award in the amount of $13,937 to upgrade the PTZ surveillance camera on the City's Mobile Command Unit. City Council approved the acceptance of this grant award on September 5, 2017. Following national episodes of civil unrest and protest, the RPD determined that the purchase of crowd control barriers, a utility trailer and ratchet straps was the greatest need. City Council approved a modification of the grant for that purpose at the council meeting 10/06/2020. Since that time, it has been determined that the location, size, layout and design of city facilities such as the Emergency Operations Center at 1270 West Park Avenue, the Police Annex at 30 Cajon Street and City Hall at 35 Cajon Street make the use of crowd control barriers unfeasible. The department has identified a need for improved communication of members assigned to its Special Weapons and Tactics (SWAT) team and supervisors assigned to its Rapid Deployment Team (RDT). The SWAT team responds to incidents including barricaded suspects, high risk search/arrest warrants, hostage rescue, dignitary protection and any incident which exceeds the capability of the department’s first responders or investigative units. The RDT is used for crowd control operations, support for immediate action/rapid deployment operations, searches or evacuations, perimeter containment and security for critical facilities. In all of these types of incidents, clear communication between department members and their leaders is critical. The Liberator IV is a communications headset that offers operational Redlands Regular Meeting of 07-19-22 377 of 974
modes for all high noise situations that members assigned to each of these units are likely to encounter. The Liberator IV can protect against impulse noise, like gunfire, and steady-state noise, like operating on a helicopter. It has user audio profiles that modifiable with simple keystrokes on the headset and is designed to prevent bleed-through from various radio frequency sources, including those that are self-generated. Each Liberator IV unit is priced at $1,300. The department desires to use the 2017 JAG award in the amount of $13,937 to purchase 10 Liberator IV units for use by members assigned to SWAT and RDT.

ALTERNATIVES:

Do not accept the grants and/or proposed modifications.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Michael Reiss, Deputy Chief
Fiscal Impact
Fiscal Year: FY20/21
Revenue Generating: No
Appropriation Required Y/N: Yes
Budgeted Y/N: No
Discussion:

There is no impact to the general fund.

Attachments
JAG 2017 Agreement and Narrative
JAG 2018 Agreement and Narrative
Redlands Regular Meeting of 07-19-22 378 of 974
JAG 2019 Agreement and Narrative
Additional Appropriation JAG 2019
JAG 2020 Agreement and Narrative
Additional Appropriation JAG 2020
Redlands Regular Meeting of 07-19-22 379 of 974
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Sub‐Award
PAGE 1 OF 26
AWARD NUMBER: 2017‐DJ‐BX‐0991
SUB‐AWARD NUMBER: 2017‐DJ‐BX‐0991‐Redlands
AWARD DATE 11/02/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $13,937
TOTAL SUB‐AWARD $13,937
__________________________________________________
San Bernardino County Law and Justice Group

TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Paul T. Barich, Mayor
City of Redlands
G. Christopher Gardner, Chair

SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL __________________________________________________

DATE DATE
__________________________________________________ __________________________________________________ 35 Cajon Street, PO Box 3005
Redlands, CA 92373‐1505

STATUTORY AUTHORITY FOR GRANT

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONTINUATION SHEETS (PAGES 2‐21), A SUPPLEMENTAL STATEMENT BY THE COUNTY OF SAN BERNARDINO (1 PAGE), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (4 PAGES).

SUBRECIPIENT IRS/VENDOR NO. PROJECT PERIOD: FROM 10/01/2016 TO 09/30/2020 95‐6000766 BUDGET PERIOD: FROM 10/01/2016 TO 09/30/2020 SUBRECIPIENT DUNS NO.
14‐555‐6747

16.738 ‐ Edward Byrne Memorial Justice Assistance Grant Program

TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE
2017 Justice Assistance Grant
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

SPECIAL CONDITIONS
This project is supported under FY17(BJA ‐ JAG State and JAG Local) Title I of Pub. L. No. 90‐351 (generally codified at 42 U.S.C. 3711 ‐ 3797ff‐5), including subpart 1 of part E (codified at 42 U.S.C. 3750 ‐ 3758); see also 28 U.S.C. 530C(a).

SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Redlands

PROJECT TITLE
Redlands Regular Meeting of 07-19-22 380 of 974
JAG 2017 – GRANT MODIFICATION REQUEST

PROGRAM NARRATIVE
Jurisdiction Redlands Police Department
Program Name JAG Identifier (Purpose Area) Amount
Crowd control barriers Equipment – General; Officer Safety $13,937 Total Amount $13,937
The City of Redlands has experienced six political demonstrations since June 2020. One of these events included two groups with opposing political views. There were several hundred people in each group with large numbers that insisted on antagonizing one another. During the incident, a large number of members from one of the groups blocked traffic at a major intersection. In order to protect the safety of those who are lawfully engaged in the exercise of their constitutional rights the Redlands Police Department will use $14,042 to purchase eighty Sonco 6’ x 7.5” steel crowd control barriers, a 20’ PJ Utility trailer and five Black Line ratchet strap tie downs.

The barriers will be used to as part of the department’s crowd management planning to control pedestrian traffic at large scale events by acting as a physical barrier and designating entrances, exits and “no access” areas. The barriers will also be used to keep antagonistic groups separate by creating open areas between them staffed with police officers to maintain the peace.

In other locations throughout the country, law enforcement and federal buildings have come under attack. In Minneapolis, Minnesota, the Minneapolis Police Third Precinct was destroyed by arson. In Seattle, Washington the East Precinct building was abandoned by police, overrun by protestors and sustained extensive damage. In Portland, Oregon the Mark O. Hatfield U.S.

Courthouse has been the site of ongoing demonstrations in which the building and federal officers defending it were attacked. The steel barriers will be used to protect Redlands Police installations.

The barriers will be stored at the City of Redlands Corporate Yard. The 20’ PJ Utility trailer will be needed to transport them from their storage place to the location they will be needed at.

The Black Line ratchet strap tie downs will be used to secure the barriers to the utility trailer during transport.

Redlands Regular Meeting of 07-19-22 381 of 974
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415‐0123
Law and Justice Group
909‐387‐5005
Grant
Sub‐Award
PAGE 1 OF 27
AWARD NUMBER: 2018‐DJ‐BX‐0650
SUB‐AWARD NUMBER: 2018‐DJ‐BX‐0650‐Redlands
AWARD DATE 11/16/2018
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $13,826
TOTAL SUB‐AWARD $13,826
__________________________________________________ __________________________________________________

DATE DATE
__________________________________________________ __________________________________________________

SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL G. Christopher Gardner, Chair
San Bernardino County Law and Justice Group

GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE

TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Paul T. Barich, Mayor
City of Redlands
FY 18 Local JAG Program

SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONTINUATION SHEETS (PAGES 2‐22), A SUPPLEMENTAL STATEMENT BY THE COUNTY OF SAN BERNARDINO (1 PAGE), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (4 PAGES).

STATUTORY AUTHORITY FOR GRANT
This project is supported under FY18(BJA ‐ JAG State & JAG Local) Title I of Pub. L. No. 90‐351 (generally codified at 34 U.S.C. 10101 ‐ 10726), including subpart I of part E (codified at 34 U.S.C. 10151 ‐ 10158); see also 28 U.S.C. 530C(a).

CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.738 ‐ Edward Byrne Memorial Justice Assistance Grant Program

PROJECT TITLE
95‐6000766 BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021 SUBRECIPIENT IRS/VENDOR NO. PROJECT PERIOD: FROM 10/01/2017 TO 09/30/2021 SUBRECIPIENT DUNS NO.
14‐555‐6747
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Redlands
35 Cajon Street, PO Box 3005
Redlands, CA 92373‐1505
Redlands Regular Meeting of 07-19-22 382 of 974
JAG 2018 – GRANT MODIFICATION REQUEST

PROGRAM NARRATIVE
Jurisdiction Redlands
Program Name JAG Project Identifier Amount
Ed Hales Park Cameras Equipment – General; Officer Safety $10,891 Evidence Room Cameras Equipment – General; Officer Safety $2,935 Total Amount $13,826
In years past, the City had a camera positioned to provide a view of Ed Hale’s Park and the surrounding area. The camera was a PTZ camera that also allowed a camera operator to speak to citizens in the park and provide information if needed. The camera was part of a comprehensive plan to provide additional resources and act as a force multiplier for patrol officers. Approximately two years ago, it was removed to allow for the City to erect the clocks that are currently on the S/W corner of the park. The Saturday Market takes place in the parking lot to the North of the park, it is a common area for people to gather and there have been several protests in the area this year. Adding cameras back to the area of 5th Street and State Street will allow dispatch to monitor the area as needed as well as create a force multiplier for patrol officers responding to crimes in progress.

The Redlands Police Department (RPD) currently has an offsite property and evidence room. There are currently no surveillance cameras inside this room, which makes it difficult for staff to monitor activity. Evidence from crimes, narcotics, DNA, firearms, and currency are stored inside the Property and Evidence room, which is a big liability to the department and city. RPD would like to purchase 2 Indigo Vision 4mp Vandal IP66 dome cameras that will be hardwired and linked to other PD cameras.

The new cameras will cover the entrance/exit door, along with the working areas of staff. Dispatch and RPD employees will be able to monitor the cameras as needed from their desktop and the video will be retained for 30 days.

Redlands Regular Meeting of 07-19-22 383 of 974
MOU – 2019 Justice Assistance Grant Page 1

INTERLOCAL AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY, THE CITIES OF ADELANTO, BARSTOW,

CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO

CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND, VICTORVILLE,

AND THE COUNTY OF SAN BERNARDINO, CA

CONCERNING DISTRIBUTION OF THE
2019 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this 9th day of June, 2020, by and between THE COUNTY OF SAN BERNARDINO, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as “COUNTY”), and the aforementioned TOWN (hereinafter referred to as “TOWN”) and named CITIES (hereinafter referred to as “CITIES”), acting by and through their respective governing bodies, the Town Council and City Councils, all of whom are situated within the County of San Bernardino, State of California, as follows:

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and
WHEREAS, the COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of TOWN’s and CITIES’ programs during the entire permissible duration of said programs; and TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with JAG guidelines; and TOWN and CITIES each agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected on Appendix 1 for administrative fees toward the administration of this program; and additionally the TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines, and that the interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines; and WHEREAS, the TOWN, CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds,
NOW THEREFORE, the COUNTY and TOWN and CITIES agree as follows:

Section 1.

COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and; COUNTY agrees to use the five percent (5%) of JAG award funds received from Redlands Regular Meeting of 07-19-22 384 of 974
MOU – 2019 Justice Assistance Grant Page 2
TOWN and CITIES under this agreement for administrative fees toward the administration of the TOWN’s and CITIES’ programs during the entire permissible duration of said programs.

Section 2.

TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with the JAG guidelines; and TOWN and CITIES agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected in Appendix 1, for administrative fees toward the administration of this program, and; TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines and that all interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines.

Section 3.

TOWN and CITIES agree to enter into a sub-award grant agreement with the COUNTY in order to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions for each sub-award, before receiving grant funds.

Section 4.

TOWN and CITIES agree to provide COUNTY with sufficient timely information as necessary within five business days after receiving written request from COUNTY to meet JAG requirements for quarterly and annual financial and performance reports.

Section 5.

Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law.

Section 6.

Nothing arising from this Agreement shall impose any liability for claims or actions against TOWN and/or CITIES other than what is authorized by law.

Section 7.

Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement.

Section 8.

The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 9.

By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Redlands Regular Meeting of 07-19-22 385 of 974
MOU – 2019 Justice Assistance Grant Page 3
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

TOWN OF APPLE VALLEY, CA
______________________________
Town Manager
ATTEST:
______________________________
Town Clerk
APPROVED AS TO FORM:
______________________________
Town Attorney

COUNTY OF SAN BERNARDINO, CA
______________________________
Curt Hagman
Chair, County Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY

OF THIS HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD:
______________________________
Lynna Monell
Clerk of the Board of Supervisors
of the County of San Bernardino
APPROVED AS TO FORM:
______________________________
*Michelle Blakemore
County Counsel
______________________________
by: Katherine Hardy, Deputy
*By law, the County Counsel’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our clients. Our approval of this document was offered solely for the benefit of our clients. Other parties should not rely on this approval and should seek review and approval by their own respective attorneys.

Redlands Regular Meeting of 07-19-22 386 of 974
MOU – 2019 Justice Assistance Grant Page 4
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF ADELANTO, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 387 of 974
MOU – 2019 Justice Assistance Grant Page 5
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF BARSTOW, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 388 of 974
MOU – 2019 Justice Assistance Grant Page 6
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF CHINO, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 389 of 974
MOU – 2019 Justice Assistance Grant Page 7
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF COLTON, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 390 of 974
MOU – 2019 Justice Assistance Grant Page 8
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF FONTANA, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 391 of 974
MOU – 2019 Justice Assistance Grant Page 9
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF HESPERIA, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 392 of 974
MOU – 2019 Justice Assistance Grant Page 10
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF HIGHLAND, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 393 of 974
MOU – 2019 Justice Assistance Grant Page 11
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF MONTCLAIR, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 394 of 974
MOU – 2019 Justice Assistance Grant Page 12
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF ONTARIO, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 395 of 974
MOU – 2019 Justice Assistance Grant Page 13
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF RANCHO CUCAMONGA, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 396 of 974
MOU – 2019 Justice Assistance Grant Page 14
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF REDLANDS, CA
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Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 397 of 974
MOU – 2019 Justice Assistance Grant Page 15
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF RIALTO, CA
______________________________
City Administrator
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 398 of 974
MOU – 2019 Justice Assistance Grant Page 16
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF SAN BERNARDINO, CA
______________________________
Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 399 of 974
MOU – 2019 Justice Assistance Grant Page 17
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF UPLAND, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 400 of 974
MOU – 2019 Justice Assistance Grant Page 18
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF VICTORVILLE, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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Redlands Regular Meeting of 07-19-22 401 of 974
MOU – 2019 Justice Assistance Grant Page 19
2019 Justice Assistance Grant
Appendix 1
Jurisdiction Allocation 5% Administrative Fee Award
San Bernardino County $63,383 ($3,169) $60,214
Adelanto $17,005 ($850) $16,155
Apple Valley $18,247 ($912) $17,335
Barstow $22,158 ($1,108) $21,050
Chino $15,342 ($767) $14,575
Colton $15,061 ($753) $14,308
Fontana $55,934 ($2,797) $53,137
Hesperia $23,798 ($1,190) $22,608
Highland $14,686 ($734) $13,952
Montclair $15,483 ($774) $14,709
Ontario $42,911 ($2,146) $40,765
Rancho Cucamonga $20,120 ($1,006) $19,114
Redlands $15,295 ($765) $14,530
Rialto $29,818 ($1,491) $28,327
San Bernardino $196,285 ($9,814) $186,471
Upland $16,560 ($828) $15,732
Victorville $55,911 ($2,796) $53,115
Total $637,997 ($31,900) $606,097
Redlands Regular Meeting of 07-19-22 402 of 974
JAG 2019 – GRANT MODIFICATION REQUEST

PROGRAM NARRATIVE
Jurisdiction Redlands Police Department
Program Name JAG Project Identifier Amount
Personal Audio Recording Devices Equipment $14,530
Total Amount $14,530
The City of Redlands Police Department intends to utilize the $14,530 to purchase PUMA digital recording devices. Currently officers are required by policy to maintain and use a digital recorder while on duty so as to record contacts with the public. The department has had PUMA digital recorders for many years and over the years, we have only updated the recorders as needed. Currently the department has older recorders (PUMA-3) that are beginning to age and are in need of replacement.

Additionally, the department has recently added PUMA recording management software that works best with the most recent recorders, PUMA-5. For these reasons, staff requests that funds be used to update all digital recorders assigned to personnel to ensure they are working properly and that they work seamlessly with current management software.

Redlands Regular Meeting of 07-19-22 403 of 974

CITY OF REDLANDS

REQUEST FOR ADDITIONAL APPROPRIATION
DATE OF REQUEST: 07/19/2022 FINANCE USE ONLY
TRANSACTION NO: --------
An additional appropriation is hereby requested as follows: ACCOUNTING PERIOD: -------- Department: -------- Police ----
EXPENDITURE APPROPRIATION INCREASE (if applicable)
Account Description Orgkey Object Code Job Ledger (If Amount applicable) Special Departmental Supplies 200202 7810 F202020 14,530.00 $ 14,530.00 -
REVENUE APPROPRIATION INCREASE (if applicable)
Account Description Orgkey Object Code Job Ledger (If Amount applicable) Federal Grants 200202 4407 F202020 14,530.00
$ 14,530.00 -
JUSTIFICATION: --------------- JAG 2019 --------------- Requested By:

Department Head
Recommended By Finance Director:

Yes --- No Signed ---- --------
Comments: ----------------

Page 1 of 1 ends

Recommended:

City Manager
Approved by City Council:

Date:

Signed: -----C ::-,-----=-c-,- it y Clerk
----
Redlands Regular Meeting of 07-19-22 404 of 974
MOU – 2020 Justice Assistance Grant Page 1

INTERLOCAL AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY, THE CITIES OF ADELANTO, BARSTOW,

CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO

CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND, VICTORVILLE,

AND THE COUNTY OF SAN BERNARDINO, CA

CONCERNING DISTRIBUTION OF THE
2020 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this 11th day of August, 2020, by and between THE COUNTY OF SAN BERNARDINO, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as “COUNTY”), and the aforementioned TOWN (hereinafter referred to as “TOWN”) and named CITIES (hereinafter referred to as “CITIES”), acting by and through their respective governing bodies, the Town Council and City Councils, all of whom are situated within the County of San Bernardino, State of California, as follows:

Section 1.

COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and; COUNTY agrees to use the five percent (5%) of JAG award funds received from Redlands Regular Meeting of 07-19-22 405 of 974
MOU – 2020 Justice Assistance Grant Page 2
TOWN and CITIES under this agreement for administrative fees toward the administration of the TOWN’s and CITIES’ programs during the entire permissible duration of said programs.

Section 2.

Section 3.

Section 4.

Section 5.

Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law.

Section 6.

Nothing arising from this Agreement shall impose any liability for claims or actions against TOWN and/or CITIES other than what is authorized by law.

Section 7.

Section 8.

The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 9.

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

TOWN OF APPLE VALLEY, CA
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Town Manager
ATTEST:
______________________________
Town Clerk
APPROVED AS TO FORM:
______________________________
Town Attorney

COUNTY OF SAN BERNARDINO, CA
______________________________
Curt Hagman
Chair, County Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY

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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF ADELANTO, CA
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City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorney
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF BARSTOW, CA
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City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
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City Attorney
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MOU – 2020 Justice Assistance Grant Page 6
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF CHINO, CA
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City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 7
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF COLTON, CA
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City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 8
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF FONTANA, CA
______________________________
City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 9
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF HESPERIA, CA
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City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 10
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF HIGHLAND, CA
______________________________
City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 11
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF MONTCLAIR, CA
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City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 12
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF ONTARIO, CA
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City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 13
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF RANCHO CUCAMONGA, CA
______________________________
City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 14
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF REDLANDS, CA
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Mayor
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 15
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF RIALTO, CA
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City Administrator
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 16
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF SAN BERNARDINO, CA
______________________________
Mayor
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 17
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF UPLAND, CA
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City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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MOU – 2020 Justice Assistance Grant Page 18
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

CITY OF VICTORVILLE, CA
______________________________
City Manager
ATTEST:
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City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney
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2020 Justice Assistance Grant
Appendix 1
Jurisdiction Allocation 5% Administrative Fee Award
San Bernardino County $60,951 ($3,047) $57,904
Adelanto $16,161 ($808) $15,353
Apple Valley $16,568 ($828) $15,740
Barstow $20,346 ($1,017) $19,329
Chino $14,873 ($744) $14,129
Colton $13,778 ($689) $13,089
Fontana $49,212 ($2,461) $46,751
Hesperia $24,037 ($1,202) $22,835
Highland $13,585 ($679) $12,906
Montclair $14,572 ($728) $13,844
Ontario $41,958 ($2,098) $39,860
Rancho Cucamonga $18,994 ($950) $18,044
Redlands $15,130 ($756) $14,374
Rialto $29,896 ($1,495) $28,401
San Bernardino $184,334 ($9,217) $175,117
Upland $16,418 ($821) $15,597
Victorville $51,916 ($2,596) $49,320
Total $602,729 ($30,136) $572,593
Redlands Regular Meeting of 07-19-22 423 of 974
JAG 2020 – GRANT MODIFICATION REQUEST

PROGRAM NARRATIVE
Jurisdiction Redlands Police Department
Program Name JAG Project Identifier Amount
Personal Audio Recording Devices Equipment $ 14,374
Total Amount $ 14,374
The City of Redlands Police Department intends to utilize the $14,374 to purchase PUMA digital recording devices. Currently officers are required by policy to maintain and use a digital recorder while on duty so as to record contacts with the public. The department has had PUMA digital recorders for many years and over the years, we have only updated the recorders as needed. Currently the department has older recorders (PUMA-3) that are beginning to age and are in need of replacement.

Additionally, the department has recently added PUMA recording management software that works best with the most recent recorders, PUMA-5. For these reasons, staff requests that funds be used to update all digital recorders assigned to personnel to ensure they are working properly and that they work seamlessly with current management software.

Redlands Regular Meeting of 07-19-22 424 of 974

CITY OF REDLANDS

REQUEST FOR ADDITIONAL APPROPRIATION
DATE OF REQUEST: 07/19/2022 FINANCE USE ONLY
TRANSACTION NO: --------
An additional appropriation is hereby requested as follows: ACCOUNTING PERIOD:

Department: ----- Police -------
EXPENDITURE APPROPRIATION INCREASE (if applicable)
Account Description Orgkey Object Code Job Ledger (If Amount applicable) Special Departmental Supplies 200202 7810 F202021 14,374.00 $ 14,374.00 -
REVENUE APPROPRIATION INCREASE (if applicable)
Account Description Orgkey Object Code Job Ledger (If Amount applicable) Federal Grants 200202 4407 F202021 14,374.00
$ 14,374.00 -
JUSTIFICATION: --JAG 2020 ----------------------------
Requested By:

Department Head
Recommended By Finance Director: Recommended:

City Manager
Yes ___ No ___ Signed _______ _
Comments: ---------------- Approved by City Council:

Date:

Signed: -----City -,----,-Clerk
-----

Page 1 of 1 ends

Redlands Regular Meeting of 07-19-22 425 of 974
City Council Meeting I. 16.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Redlands Police Department Tow Services Agreement for 2022-2025 (Police Chief Catren)
MOTION(S):

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

I move to approve the Tow Services Agreement with the four Redlands Police Department Rotational Tow Applicants, Broncs Towing, Inc., Bill and Wag’s Towing, Inc., Wilson’s Towing and Armada Towing.

RECOMMENDATION:

Staff recommends Council approval of the Tow Services Agreement with the four Redlands Police Department Rotational Tow Applicants as set forth in the report.

DISCUSSION:

It is proposed that the City Council approve the Tow Services Agreement with the two tow operators (Broncs Towing Inc. and Bill and Wag’s Towing Inc.) which have done business with the City of Redlands for the past several years.

Both companies have not had any significant issues that would preclude them from continuing to provide tow services in the City. Due to the increase of traffic collisions, disabled vehicles, and future operation of the commuter train, the Redlands Police Department recommends adding two additional tow companies to the rotation.

Wilson’s Towing and Armada Towing have been in the tow business for many years and have several tow contracts with other agencies such as the California Highway Patrol and the Sheriff’s Department. Both Wilson’s Towing and Armada Towing have offices and yards less than three miles outside the city limits.

Redlands Regular Meeting of 07-19-22 426 of 974
Towing have offices and yards less than three miles outside the city limits.

Additionally, Armada Towing currently provides towing service for Redlands Police Department vehicles. Both Wilson’s Towing and Armada Towing will be able to provide tow services at the same level that Broncs and Bill and Wag's have done in the past.

The hourly rates of all applications are consistent with what surrounding tow operators charge in adjacent cities.

The Tow Services Agreement mandates that all tow operators must have a full service business office and storage facility located within the City of Redlands or be within three miles of the city limits. In addition, the Agreement states there shall be no more than four tow operators approved for the rotation tow listing.

Broncs Towing Inc. and Bill and Wag’s Towing Inc. are the only tow operators in the City of Redlands that have a full service business office and storage facility located within the City of Redlands. Wilson’s Towing and Armada Towing have a full-service business office and storage facility located within three miles of the City of Redlands. Other tow operators have expressed interest in competing for the tow services contract; however, they have not taken the necessary steps to abide by the mandates set forth in the tow services agreement. These four tow operators are the only eligible tow operators to be approved for the contract under the mandates set forth in the tow services agreement.

ALTERNATIVES:

Do not accept the applications. The Redlands Police Department will have to find other tow operators that are willing to submit an application.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Jeremy Floyd, Traffic Sergeant
Redlands Regular Meeting of 07-19-22 427 of 974
Fiscal Impact
Fiscal Year: 2022-2025
Revenue Generating: Yes
Appropriation Required Y/N: N
Amount: 0
Budgeted Y/N: Y
Account No.: 1012023431
Discussion:

Attachments
Rotation Tow Listing App
Tow Service Agreement
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TOW SERVICE

AGREEMENT
2022-2025
This Tow Service Agreement sets forth the rules and regulations that the tow operator (referred to herein as “operator” or “tow operator”) shall comply with to receive a rotation tow listing with the Redlands Police Department (RPD). Participation in the RPD Rotation Tow Program is voluntary. Compliance with all of the terms and conditions of this Tow Service Agreement is mandatory for operator participating in the RPD Rotation Tow Program. The operator, by agreeing to participate in the program, is not acting as an agent for the RPD or the City of Redlands when performing services under this Agreement. For clarification purposes, definitions are contained in Attachment A to this Agreement. Attachment B contains a summarized listing of the California Vehicle Code (CVC) and Civil Code laws applicable to all tow companies in the State of California. Attachment C contains a listing of the tow truck equipment specifications and equipment use requirements applicable to all RPD rotation tow operators. Attachment D contains instructions for completing required application forms.

I. RPD ROTATION TOW
A. The RPD Deputy Chief shall determine the maximum response time, enrollment period, reasonable rates, minimum number of trucks and any applicable waiver of requirements.

1. Waiver of requirements shall be in effect no longer than six months following the application by, and acceptance of, the operator who meets all requirements of this Agreement. Upon expiration of the six-month period, if operator fails to meet the minimum requirements of this Agreement, this Agreement shall be terminated.

2. A waiver will be granted for requirements based upon law or safety considerations.

3. Maximum Response Time
a. 0800-1800 20 minutes
b. 1801-0759 25 minutes
II. ROTATION LISTS
A. The RPD maintains one rotation tow list for all classes of tow trucks to ensure an equitable distribution of calls.

1. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class of tow truck.

Redlands Regular Meeting of 07-19-22 441 of 974

2. A call to the operator shall constitute one turn on the list and the operator shall subsequently be moved to the bottom of the list. This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the operator is not needed and is canceled by the RPD, up to and including arrival at the scene, there shall be no charges and the operator will be placed back at the top of the list.

3. If the operator is canceled by the vehicle’s owner or agent prior to the operator taking possession of the vehicle, there shall be no charges for towing. The operator shall immediately contact the RPD and advise the RPD of the cancellation. The operator will then be placed back at the top of the list.

4. If service, other than towing and recovery, has begun and is canceled by the vehicle’s owner or agent, the operator may charge a minimum of one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not at the time of response. No lien shall arise for the service unless the operator has presented a written statement to the vehicle’s owner or agent for the signed authorization of services to be performed. a. The operator shall not take possession of any vehicle to establish a lien for any nontowing services performed, or begun and subsequently canceled, when not entitled to such lien by law. Refer to Civil Code Section 3068.1 for when a lien begins.

B. If two or more operators are called to the same incident, distribution of the vehicles shall be at the discretion of the RPD Incident Commander.

C. The RPD Incident Commander may direct a RPD rotation tow operator to move vehicles to help clear a roadway or for lifesaving operations. Operator shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the operator’s place in the rotation.

D. The operator shall have a full service business office and storage facility located within the City of Redlands. However, at the discretion RPD Deputy Chief, the operator may have a full service business office and storage facility located no more than 3 miles outside of the City of Redlands city limits.

E. Operator shall have a minimum of Five (5) years verifiable for-hire-towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a RPD rotation tow listing.

F. Ownership status will be investigated and determined by the RPD.

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G. There shall be no more than four operators approved for the rotation tow listing.

III. TOW TRUCK CLASSIFICATIONS
A. The operator shall equip and maintain all tow truck(s) covered under this Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, the specifications contained in this Agreement, and consistent with industry standards and practices.

1. Notwithstanding CVC section 615, all tow trucks shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of this Agreement, "a trailer for hire that is being used to transport a vehicle" shall not qualify as a primary tow truck for rotation tow lists.

2. The operator who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.

B. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck shall be cause for immediate suspension. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50% of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

C. There will be three classes of tow trucks covered under this Agreement:

1. Class A - Light Duty
a. The operator shall maintain a minimum of five tow trucks which has a manufacturer's GVWR of at least 14,000 pounds. Class A equipment specifications can be found in Attachment C of this Agreement. i. A “trailer for hire” shall not be approved for listing as a Class A tow truck.
ii. Tow operator whose equipment had previously been
approved and continuously used on rotation for the RPD and owned by the same operator, but do not have wheel lift
capabilities, may apply for and receive a rotation tow listing.

2. Class B- Medium Duty
a. The operator shall maintain a minimum of one tow truck with a GVWR of at least 26,001 pounds. The truck shall be capable of Redlands Regular Meeting of 07-19-22 443 of 974
providing and maintaining continuous air to the towed vehicle.

Class B equipment specifications can be found in Attachment C of this Agreement.
1) All Class B tow trucks with a GVWR of less than 26,001 pounds currently approved for the RPD Class B rotation tow list will be allowed to remain on the Class B rotation tow list until June 1, 2025.
b. Tow operator whose equipment had previously been approved and continuously used on rotation for the RPD and owned by the same operator, but do not have wheel lift capabilities, may apply for and receive a rotation tow listing.

3. Class C - Heavy Duty
a. The operator shall maintain at least one three-axle tow truck with a GVWR of at least 48,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle. Class C equipment
specifications can be found in Attachment C of this Agreement. 1) All Class C tow trucks with a GVWR of less than 48,000 pounds currently approved for the RPD Class C rotation tow list will be allowed to remain on the Class C rotation tow list until June 1, 2025.
b. Tow operator whose equipment had previously been approved and continuously used on rotation for the RPD and owned by the same operator, but do not have wheel lift capabilities and/or three-axles, may apply for and receive a rotation tow listing.

D. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Attachment C of this Agreement.

IV. TOW TRUCK DRIVERS
A. The operator shall ensure that tow truck drivers responding to calls initiated by the RPD are qualified and competent employees of the operator. The operator shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through Redlands Regular Meeting of 07-19-22 444 of 974
RPD rotation. Tow truck drivers shall be at least 18 years old and possess the following minimum class driver license:

1. Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.

2. Class B tow truck - A valid Class C license for nonregulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to CVC section 34500.

3. Class C tow truck - A valid Class A license with valid medical certificate.

B. The Class A (1) license must be endorsed to allow operation of special vehicle configurations and/or special cargoes (refer to Attachment B).

C. The operator shall maintain a current list of drivers.

1. The operator shall provide a current list of its drivers to the RPD upon implementation of this Agreement. The operator shall notify the RPD upon any change in driver status, including the addition of any new driver(s), or the deletion of any driver(s). An updated list shall be provided to the RPD within seven calendar days of any change in driver status.

2. Operator, shall as a minimum, maintain the following information for each employee:
a. Full name.
b. Date of birth.
c. California Driver License number.
d. Copy of valid medical certificate (if required).
e. Job title/description.
f. Current home address.
g. Current phone number.
h. Type(s) of truck(s) driver has been trained and instructed to operate.

D. All tow operator employees shall be fingerprinted by the RPD. The tow operator shall provide Department of Justice fingerprint fee as required by the RPD.

E. Tow operator shall have in its possession a tow truck operator’s permit issued by the Chief of Police.

V. RATES
A. Fees charged for response to calls originating from the RPD shall be reasonable and not in excess of those rates charged for similar services provided in response to Redlands Regular Meeting of 07-19-22 445 of 974
requests initiated by any other public agency or private person. The reasonableness of the fees charged will be determined in the following manner:

1. The operator shall submit its retail hourly rate to the RPD Deputy Chief.

The RPD Deputy Chief shall determine the validity and reasonableness of the submitted rates.
a. Validity will be based upon telephone quotes, posted rates, area CHP rates and charges to retail customers. Any submitted rate in excess of the operator’s retail rate (as defined in Attachment A) will be considered invalid and will not be accepted. If the operator submits an invalid rate shall not be allowed to resubmit a new rate and will be disqualified from RPD rotation tow listing until the next enrollment period.
b. Reasonableness shall be determined as compared to other rates. If the operator submits a rate that is determined to be excessive, it shall be allowed to resubmit its rates only once.

2. In an effort to remain competitive in the open market, the operator may lower retail rates at any time by notifying the RPD. When the operator lowers its retail rate, that retail rate becomes the new approved RPD rate.

Operator may only raise rates for RPD calls during enrollment periods or upon approval after a midterm review. Operator may raise rates for nonRPD calls at anytime. Rates for RPD calls shall remain at the lowest retail rate until the next enrollment period.

3. If the operator charges rates above its retail hourly rates or submitted rates for a RPD call shall be in violation of this Agreement and subject to disciplinary action including termination of this Agreement.

B. The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than 15 minute increments.

There shall be no additional charges for mileage and labor.

1. The operator may charge up to a thirty-minute minimum per call for base services.

2. The operator may charge up to a one-hour minimum per call on public safety response calls.

3. The operator may only charge a maximum of one half hour rate for the towing or service calls for Redlands Police Department vehicles or vehicles towed as evidence.

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4. The operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

C. Rates for a service call (out of gas, lockouts and tire changes) shall be from portal to end of service, and may be at the hourly rate with up to a thirty-minute minimum.

Charges in excess of thirty minutes may be charged in no more than 15 minute increments
D. Fees for Special Operations.

1. For special operations involving Class B and C tow trucks, the operator shall submit its proposed fees for vehicle recovery operations and load salvage operations to the RPD Deputy Chief. Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty minutes may be charged in no more than 15 minute increments. a. Hourly rates shall be established for the following:
i. Auxiliary Equipment, e.g., airbags, converter gear/dolly and additional trailers.
ii. Contracted Equipment, e.g., airbags, converter gear/dolly, additional trailers, forklifts, scooploaders, etc.
iii. Contract labor.
b. The RPD Deputy Chief shall determine the reasonableness of the fees for these types of operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations.

2. Operator shall submit a mark up rate (percentage of the cost to the operator) for retail equipment and specialized labor not otherwise listed on the application.

3. If the operator performs a service for which a required rate was not submitted to, and approved by, the RPD, the operator shall only be entitled to charge for the actual cost of that service. Example: contract labor rate not submitted, the operator may only charge for the actual rate paid for the labor.

E. The total fees charged for after hours release shall be no more than one-half the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a call back is required outside normal business hours.

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F. Storage Fees.

1. The operator shall submit its proposed storage fees, for inside and outside storage, to RPD Deputy Chief. The RPD Deputy Chief shall determine the reasonableness of the fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation.

2. The operator shall display in plain view at all cashiers' stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.

3. Vehicles stored up to 4 hours shall not be charged a storage fee. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day.

4. Store (outdoors) up to FOUR evidentiary vehicles free of charge during the course of this Agreement. These evidence storage spots shall be located together and in one area that is out of the way from the day-to- day operations. This is to prevent tampering or unnecessary touching or handling of the vehicles. Additional vehicles held as evidence by RPD shall be charged no more than one half the normal daily rate unless approved by the RPD Deputy Chief.

5. Vehicles stored by the RPD for forfeiture shall be charged no more than three days storage.

G. This Section 5 entitled “Rate,” shall not apply if the operator responds to a RPD call in a location where towing rates for all tow companies are established by a city or county ordinance.

H. The approved schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tow services were provided, or his/her agent, or any RPD officer at the scene.

I. Rate requirements represent the maximums the operator may charge on a RPD call.

The operator is not precluded from charging less when deemed appropriate by the operator. These requirements shall not be construed as requiring a charge when the operator would not normally charge for such service.

1. No operator or employee of the operator shall refer to any rate as the minimum required or set by the RPD.

VI. COLLUSION
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A. The operator and/or applicant shall not conspire, or attempt to conspire, or commit any other act of collusion, with any other operator or applicant for the purpose of secretly, or otherwise, establishing an unfair understanding regarding rates or conditions to the Agreement that would bring about any unfair condition which could be prejudicial to the RPD, the motoring public, or other operator(s).

1. Examples of "collusion" include, but are not limited to: conspiracy by any operator(s) to establish artificially high or low rate(s) for services performed pursuant to this Agreement, conspiracy or attempt to circumvent the midterm review process.

B. A finding by the RPD that the operator or applicant has been involved in collusion shall be cause for termination of this Agreement. The operator or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on the RPD rotation tow list for the current term, plus three years.

VII. RESPONSE TO CALLS
A. The operator shall respond to RPD calls 24 hours a day, seven days a week, within the maximum response time as established by RPD Deputy Chief and as specified in Section 1, of this Agreement. The operator shall respond with a tow truck of the class required to tow the vehicle specified by the RPD. The operator shall advise RPD dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the operator is unable to respond or will be delayed in responding, the operator shall immediately notify the RPD Communications Center. The operator shall not assign initial calls to other tow operators.

1. A failure(s) to respond and/or repeated failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement.
a. The RPD Deputy Chief may take immediate disciplinary action for any flagrant violation of the requirement to respond within the maximum response time.
b. When the operator will be temporarily unavailable to provide services due to a preplanned/scheduled activity, e.g., vacation, maintenance or medical leave, it shall notify the RPD Deputy Chief at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.

B. The operator, or its employee(s) responding to a RPD call, shall perform the towing or service required for which it was called. This requirement may be waived by the RPD Incident Commander if the requested equipment is inadequate for the service to be performed.

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1. Any refusal to respond or to perform the required towing or service will subject the operator to suspension, if deemed appropriate by the RPD.

C. The operator shall not respond to a RPD call assigned to another operator unless requested to do so by the RPD.

1. There may be times when the operator assigned the initial RPD call may require the assistance of an additional operator at the scene. The operator assigned the initial call may, subject to prior agreement with the RPD Deputy Chief, and with the concurrence of the RPD Incident Commander, request a specific operator to assist him/her. The request shall be routed to the additional operator through the RPD.

2. There may be times when the operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a RPD officer requests its assistance in clearing the roadway. In such a case, the operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance, and the assistance provided shall not change the operator's place in the rotation.

D. Only the tow operator’s personnel and equipment requested shall respond to a RPD call. Additional personnel and equipment shall be at the approval of the RPD Incident Commander. This shall not preclude the operator from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service.

VIII. STORAGE FACILITY
A. The operator shall be responsible for the security of vehicles and property at the place of storage. As a minimum, a fenced or enclosed area shall be provided. The operator is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. Operator must display at the front of the business a sign which reads “To report any complaints, contact Redlands Police at 909-798-7681".

B. The operator shall obtain approval from the RPD prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the RPD prior to the removal of property may be excused by the RPD Deputy Chief if it is determined that proper safeguards and procedures are utilized by the operator.

1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

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2. Upon approval from the RPD, the operator shall release personal property from an impounded or stored vehicle at the request of the vehicle owner or his/her agent.
a. There shall be no charge for the release of personal property during normal business hours. Operator may charge an after hours release fee for property released after normal business hours. The fees charged shall be consistent with the after hours vehicle release provisions.
b. “Personal property” are items which are not affixed to the vehicle. i. Personal property includes: papers, transportable cellular telephones, pull-out radios, portable radios and/or portable stereo equipment, clothes, luggage and tools.

3. Cargo shall be released upon demand of the carrier or pursuant to a court order.

C. The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business (when the primary storage facility and the place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and/or property.

1. Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the operator shall obtain the Field Services Division Commander's approval and furnish the address.

D. Tow operator shall maintain sufficient storage spaces.

E. The operator's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night.

F. For the purpose of this Agreement, "normal business hours" shall be 8:00 a.m. to 6:00 p.m., Monday through Friday, except for the following state recognized holidays:

1. New Year's Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.

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2. Business hours shall be posted in plain view to the public.

3. Operator’s employees shall be properly trained to conduct business transactions related to towing, storage and release of vehicles/property.

G. The release of vehicles shall be conducted in accordance with RPD procedures.

IX. INSURANCE
A. The operator shall maintain the following minimum levels of insurance from an insurance carrier admitted in California or admitted in the state in which the operator’s business is located and is authorized to do business in California:

1. Commercial Business Automobile Liability (as required by Section 16500.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $500,000 for Class A tow trucks.

The combined limits for Classes B, C, and D shall not be less than $1,000,000. These minimum standards are to include non-owned and hired auto coverage.

2. Uninsured Motorist - Legal minimum, combined single limit.

3. On-Hook Coverage - Insuring the vehicle in tow with limits based on the size of the tow truck.
a. Class A tow truck $25,000
b. Class B tow truck $50,000
c. Class C tow truck $100,000
d. Class D tow truck $100,000

4. Garage Liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000.

5. Garage Keepers Liability - Shall be the same minimum as on-hook coverage for vehicles in the care, custody, and control of the operator in the storage yard.

6. Workers' Compensation Insurance - Legal minimum requirement.

B. Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation shall result in the immediate termination of this Agreement. The operator's insurance policy shall provide for the immediate Redlands Regular Meeting of 07-19-22 452 of 974
notification to the RPD in the event that the insurance policy has expired or is canceled. Additionally, the operator shall notify the RPD in advance of the expiration or cancellation of the operator’s insurance policy.

C. Failure of the operator to maintain the minimum insurance requirements set forth in this Agreement shall immediately terminate this Agreement, remove the operator from the RPD rotation tow list and be subject to disciplinary action.

X. INSPECTIONS
A. The RPD shall conduct at least one annual inspection of all tow trucks at no charge to the operator. The RPD may conduct additional inspections without notice during normal business hours. The operator shall not dispatch a tow truck (to a RPD call) that has not been inspected and approved by the RPD. The RPD shall inspect a tow truck within thirty days of a request from the operator.

1. If the operator fails an inspection by RPD or the CHP is entitled to only one reinspection. Failure to pass the reinspection shall be cause for the disqualification of the tow truck from use on RPD rotation. The tow truck shall be disqualified until the next enrollment period.

XI. BUSINESS RECORDS
A. The operator shall maintain records, at its place of business, of tow services furnished.

1. Invoices shall at a minimum include a description of vehicle(s), nature of service, start time, end time, location of call and itemized costs of towing and storage. Release information shall include date and time of release and shall include a copy of the RPD release authorization.

2. Records for each call shall indicate the tow truck driver’s name and truck used.

B. The operator shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non-RPD tows.

C. The RPD may inspect all operator records without notice during normal business hours.

D. Operator shall permit the RPD to make copies of business records at their place of business, or to remove business records for the purpose of reproduction.

1. The RPD shall provide a receipt for any (original) records removed from the place of business.

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E. Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement.

F. Failure of the operator to comply with the inspection requirements shall be cause for suspension, if deemed appropriate by the RPD.

XII. FINANCIAL INTEREST
A. No operator or applicant shall be directly involved in the towing related business of any other operator or applicant within the City of Redlands. "Directly involved" shall mean anything in common between operators or applicants with regards to any of the following: 1) business licenses; 2) insurance; 3) tow truck or equipment ownership; and 4) employees.

B. Storage facilities owned by the operator, and shared with another operator, shall only be approved if the owner/operator charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof.

1. Facilities shared by operators shall be physically separated and secured from each other. The RPD Deputy Chief may waive this requirement if deemed appropriate.

C. The sale or transfer of the controlling interest in operator shall immediately terminate this Agreement. The new owner(s) may apply for a rotation tow listing at any time during the remainder of the current Agreement term, regardless of the enrollment period.

D. A terminated or suspended operator and the tow business it owned at the time of its suspension or termination shall not be eligible for a rotation listing for the duration of the suspension or termination.

1. This provision applies to the operator working in any capacity within any tow business, or operating any tow business, and to the tow business, even if operated under new ownership.

E. Any violation of this section is cause for suspension, if deemed appropriate by the RPD.

XIII. ANNUAL MEETINGS
A. The RPD Deputy Chief may conduct, at a minimum, one annual meeting to discuss issues concerning the tow rotation. Attendance shall be mandatory at all meetings for the operator or its designee wishing to remain on rotation. The RPD shall give the operator 30 days written notice of any such meetings.

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XIV. DEMEANOR AND CONDUCT

A. While involved in RPD rotation tow operations or related business, the operator and/or its employee(s) shall refrain from any act(s) of misconduct, to include, but not be limited to, any of the following:

1. Rude or discourteous behavior.

2. Lack of service, selective service or refusal to provide service which the operator is/should be capable of performing.

3. Any act of sexual harassment or sexual impropriety.

4. Unsafe driving practices.

5. Exhibiting any objective symptoms of alcohol and/or drug use.

6. Appearing at the scene of a RPD rotation tow call with the odor of an alcoholic beverage emitting from his/her breath.
a. The operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the RPD.

B. All RPD related tow service complaints received by the RPD against the operator or its employee(s) will be accepted and investigated in a fair and impartial manner.

As a result of the investigation, the RPD may initiate disciplinary action as deemed appropriate. In any event, the operator will be notified of the results of any investigation.

C. Should the filing of criminal charges be a possibility, the RPD will conduct the investigation to conclusion or assist the lead investigating agency and, if warranted, request prosecution.

D. Any violation of this section is cause for suspension, if deemed appropriate by the RPD.

XV. COMPLIANCE WITH LAW
A. The operator and its employees shall, at all times, comply with federal, state, and local laws and ordinances, which include, but are not limited to, those laws which are applicable to the operator (refer to Attachment B for selected Vehicle Code and Civil Code Sections).

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1. In the event of a minor traffic violation(s) by the tow truck driver(s) which is/are known by the RPD, the operator shall be advised of the violation(s) by the RPD. The operator will be granted the opportunity to take necessary steps to ensure that its driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) may be cause for disciplinary action against the operator and/or the involved employee(s).

2. Any flagrant traffic violation(s) may be cause for immediate disciplinary action against the operator and/or the involved employee(s).

B. The provisions contained in this Section 15, Compliance with Law, do not preclude the RPD from taking appropriate enforcement or administrative action for any violations of law.

C. Any conviction of the operator involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug while involved in a RPD rotation tow call, or moral turpitude shall be cause for denial of application or termination of this Agreement.

D. Any conviction of an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug while involved in a RPD rotation tow call, or moral turpitude shall be cause for the removal of the employee from the list of current RPD rotation tow truck drivers.

E. The operator, or its employee, arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated.

XVI. COMPLIANCE WITH AGREEMENT
A. The operator agrees, as a condition of inclusion on the rotation tow list, to comply with the terms and conditions of this Agreement. Furthermore, the operator agrees that failure by the operator or its agents to comply with these terms and conditions shall be cause for written reprimand, suspension, or termination from the RPD rotation tow list(s). Alleged violations of this Agreement will be investigated by the RPD. The operator will be notified of the RPD's findings within 30 days of the conclusion of the investigation.

XVII. DISCIPLINARY ACTION
A. The RPD Deputy Chief may take disciplinary action against the operator for violations of this Agreement. The RPD Deputy Chief shall retain discretion Redlands Regular Meeting of 07-19-22 456 of 974
regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

B. Records of violations shall be retained by the RPD for at least 36 months.

C. The following major violations shall be cause for immediate suspension:

1. A violation of the equipment requirements related to safety.

2. A violation of the GVWR and safe loading requirements of a tow truck This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50% of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

3. A violation of overcharging.

4. A violation of the Redlands Police Department or CHP Biennial Inspection of Terminals (BIT) Program requirements. Any unsatisfactory rating shall be cause for immediate suspension.

5. Failure of the operator to satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in its custody.

6. Failure of the operator to comply with the inspection requirements of this Agreement.

7. Failure of the operator to provide the monthly report, or to pay program or release fees as required by this Agreement.

8. Failure of the operator to maintain the minimum insurance requirements set forth in the Agreement.

D. The suspension for the above violations shall remain in effect until the period of suspension imposed is completed, and any and all violation(s) have been corrected and it is confirmed by the RPD that the operator is in full compliance with this Agreement.

E. Failure of the operator or its employee to comply with this Section 14, Demeanor and Conduct, and/or Section 15, Compliance with Law, may be cause for suspension if deemed appropriate by the RPD Deputy Chief.

1. Minor traffic violations may be considered as minor violations of this Agreement.

2. A tow truck driver, not under the immediate observation of the operator, while on-duty and driving a tow truck, who is arrested and subsequently convicted for misdemeanor while driving under the influence of alcohol and/or drugs, will be subject to suspension from participating as a tow truck driver under the provisions of this Agreement. The length of suspension will be at the RPD Deputy Chief discretion.

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F. There shall be no approval of equipment that is not in compliance with the equipment specifications contained in this Agreement at the time of reinstatement.

Sections of this Agreement which are commonly referred to as "grandfather clauses" shall no longer apply to the operator who is suspended for one year or more.

G. Major Violations. Violations of the terms and conditions of this Agreement that are subject to suspension for the first violation are categorized as major violations.

Any subsequent or continuing major violations shall be cause for termination.

1. Termination shall be invoked if, in the RPD's judgment, continued participation in the Rotation Tow Program by the affected tow operator may result in a hazard to public safety and/or welfare, or the operator or its employee has been convicted of a crime listed in Sections 15C and 15D, respectively.

2. In lieu of termination, the RPD may impose additional suspensions for longer periods, if deemed appropriate.

H. Minor Violations. Except as specifically stated in this Agreement, minor violations of the terms and conditions of this Agreement may be cause for disciplinary action in the following manner.

1. 1st violation in 12 months - letter of written reprimand.

2. 2nd violation in 12 months - 30 day suspension.

3. 3rd violation in 12 months - 60 to 90 day suspension.

4. 4th violation in 12 months - termination of this Agreement. a. In lieu of a termination, the RPD may impose additional suspensions for longer periods, if deemed appropriate.

I. Nothing herein shall be deemed to prohibit the RPD from immediately suspending any operator whose conduct, or that of its employee(s), in the discretion of the RPD Deputy Chief, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of an RPD Tow Service Agreement.

XVIII. DISCIPLINE PROCESS AND APPEALS
A. If the operator is in minor violation of this Agreement, operator shall be notified in writing of the violation by the RPD Deputy Chief. The notice of violation shall be mailed to the operator at the address supplied in the “Operator Approval” portion of this Agreement.

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B. If the operator is in major violation of the Agreement or facing suspension/termination shall be notified in writing of the violation by the RPD Deputy Chief. The notice of violation shall be delivered to the operator at the address supplied in the “Operator Approval” portion of this Agreement. A confirmation notice of violation shall be mailed to the operator at the address supplied in the “Operator Approval” portion of this Agreement. Except where public safety may be in jeopardy, immediate suspension shall not be in effect until a notice of violation is delivered to the operator. Service is deemed complete when a notice of violation is delivered to the operator or employee of the operator.

C. In the event the RPD serves the operator with a written reprimand or suspension, the operator may request a hearing within seven calendar days by submitting a request in writing to the RPD Deputy Chief. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the RPD Deputy Chief or his/her designee and the operator shall be entitled to present all relevant facts and circumstances in support of his/her position. The operator shall be further entitled to present testimony of at least one representative of a tow truck association or other qualified person. The operator shall be notified in writing of the decision of the RPD Deputy Chief, within ten business days of the date of the hearing.

D. Following a hearing, if the operator is dissatisfied with the RPD Deputy Chief’s decision, the operator may request an appeal by submitting a request in writing to the RPD Division commander within seven calendar days. If an appeal is requested, it shall be held as soon as practicable. The appeal shall be conducted by the Chief of Police or his/her designee. The operator shall be notified in writing of the decision of the Chief of Police within ten business days of the date of the appeal.

The Chief of Police’s decision shall be subject to no further administrative appeal.

E. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of operator whose conduct is deemed to be a danger to the public or whose conduct grossly violates the terms and conditions of this Agreement. If the operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the RPD Deputy Chief or Chief of Police shall be final and the suspension shall take effect upon written notification to the operator by the RPD Deputy Chief.

XIX. MIDTERM REVIEW OF THE TERMS AND CONDITIONS
A. The purpose of this section is to provide a process for a midterm review of the terms and conditions of this Agreement in the event that there is a legitimate and substantial change in conditions or law affecting the entire towing industry or the RPD. Examples of conditions may include, but not be limited to:

1. Substantial increase or decrease in business expenses.

2. Advances in technology in the industry related to safety issues.

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3. Changes in law requiring the RPD or the operators to perform specific functions or operations in order to comply.

4. Changes in the terms and conditions of this Agreement brought about as a result of recommendations from the RPD Deputy Chief and approved by the Chief of Police or his/her designee.

5. Proposed changes to the terms and conditions agreed upon by the RPD Deputy Chief and the operators at the time that the Agreement was signed (e.g., response times).

B. A midterm review of the terms and conditions of this Agreement may only be granted by the Chief of Police.

1. A request for a midterm review of the terms and conditions of this Agreement shall be communicated to the RPD Deputy Chief in writing, from a representative(s) of the towing industry, not merely at the request of a single operator. The RPD Deputy Chief may also request a midterm review if he/she feels it is in the best interests of the public, the tow industry, and/or the Department. The RPD Deputy Chief will route all legitimate requests for midterm review with all pertinent information, through channels, to the Office of the Chief of Police.

2. Conditions indicating a need for midterm review must be substantial and must affect the entire towing industry or the RPD.
a. For purposes of this Agreement, the midterm review process is not intended to provide relief for a single operator who wishes to increase their rates, or change any other term or condition of this Agreement, to compensate for financial problems brought about as a result of business decisions or conditions which affect a small percentage of the industry.

3. A request for review will not be processed if there are 60 days or less remaining in the term of this Agreement.

C. A midterm review, when granted by the Chief of Police or his/her designee, will not automatically authorize a change in the terms and conditions of this Agreement.

If a midterm review is announced by the Chief of Police, or his/her designee, it is the responsibility of the RPD Deputy Chief to conduct a review of the conditions which initially caused the request to be communicated and to determine if the change is justified.

1. The RPD Deputy Chief, after completing the review of all pertinent issues, may authorize the operators to submit their proposed changes or he/she may Redlands Regular Meeting of 07-19-22 460 of 974
notify the operators of the changes to be implemented and direct them to comply with those changes. If, after evaluating all pertinent information, the RPD Deputy Chief authorizes or directs a change in the terms and conditions of the Agreement, or if he/she decides that a change is not justified, he/she shall notify the towing industry representative within 14 calendar days of the date of the Chief of Police's announcement authorizing the midterm review.
a. Operators shall resubmit their proposed changes in writing to the RPD Deputy Chief within seven calendar days of the date that the RPD Deputy Chief announces his/her decision. Failure to resubmit a written proposal within the specified time may result in the operator forfeiting its ability to propose more equitable conditions or rates, or may be cause for disciplinary action or termination of the Agreement.
i. If the proposed change affects tow rates only, operators shall resubmit their proposed rates on a new application (CHP 34A). The new application shall contain only the
information pertinent to the rate proposals. When received by the Police Department, the new application will be
attached to the original application for the current term. ii. The RPD Deputy Chief shall determine the reasonableness of the rate, based upon the average of the proposed rates submitted. An additional page with the new rate(s) shall be signed and attached to the original.

2. In the event that the towing industry representative(s) is/are dissatisfied with the RPD Deputy Chief’s decision, the towing industry, through its representative(s), may request an appeal by submitting a request in writing to the Chief of Police within seven calendar days. If an appeal is requested, it shall be conducted by the Chief of Police, or his/her designee, as soon as practicable. The number of representatives at the appeal shall be limited to a maximum of two. A designated representative shall be notified in writing of the decision of the Chief of Police within seven calendar days of the date of the hearing.

3. In the event that the RPD Deputy Chief’s decision is to direct the operators to resubmit rates which are more reasonable than the current rates, the new rate application process shall not be initiated until the hearing and appeal process is exhausted. If the towing industry, or its representative(s), fail(s) to request a hearing or appeal within the specified time, or fail(s) to appear at a scheduled hearing or appeal, the decision of the RPD Deputy Chief shall be final, and the new rate application process shall begin.

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4. In the event that the RPD Deputy Chief’s decision is to direct the operators to comply with a change to any other term or condition of this Agreement, e.g., change in response times, the new terms and conditions shall not be initiated until the hearing and appeal process is exhausted. If the towing industry, or its representative(s), fail(s) to request a hearing or appeal within the specified time, or fail(s) to appear at a scheduled hearing or appeal, the decision of the RPD Deputy Chief’s shall be final, and the new rate application process shall begin.

XX. ADVERTISING
A. The operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the RPD or the Department of Motor Vehicles.

1. Examples include, "Official RPD Tow," "Approved by RPD," "RPD Rotation Tow,” and “Police Tow”.

2. This will not preclude the RPD Deputy Chief from implementing a system to mark and identify a particular tow truck as having passed the RPD inspection.

B. Any violation of this section is cause for suspension. At a minimum, the suspension shall be for the duration of the advertisement.

XXI. STORAGE
The operator shall maintain available space of adequate area to store and protect disabled vehicles. Such storage space will meet the following standards.

1. Storage lots shall be a minimum area of 60,000 square feet and shall accommodate a minimum of 200 vehicles. Such lots shall be properly fenced in accordance with the zoning and building requirements of the City and be screened from all public rights-of-way, and be at least six feet in height. Lots must be equipped as to provide adequate lighting during the hours of darkness, and further will be provided with facilities for locking or otherwise securing the same. Lots should be so located as to be under constant surveillance of the operator and located in an area subject to police patrol.

2. Vehicles requiring special handling for investigation, i.e., fingerprinting, photographing, searching, etc., must be under roof, in a building capable of being secured. Such vehicles will not be moved or touched after storage therein without the consent of the Redlands Police Department Investigating Officer.

3. When it is necessary to remove vehicles other than those in subsection 2 of this section to other storage facilities to make space available for current impounds, the Redlands Regular Meeting of 07-19-22 462 of 974
Police Department shall be notified in writing within 24 hours of the new location of such vehicles. The new location will meet the requirements established in this chapter.

XXII. RECORD OF IMPOUNDMENT AND STORAGE
The operator shall keep records of all vehicles ordered impounded and stored by the Redlands Police Department, at its place of business. Such records shall be available to members of the Redlands Police Department and to any other person specifically authorized in writing by the Redlands City Manager.

A. Records shall include, but not be limited to:

1. CHP Form 180 Report of Impounded Vehicles;

2. CHP Form 126 Report of Notification of Impound;

3. City Police Department vehicle release order;

4. Copies of registered letters to vehicle owners;

5. Inventory lists of personal property in impounded and stored vehicles;

6. Charge sheets listing tow charges and storage fees against each individual vehicle, and when possible will contain the owner's release (signature).

B. The Records listed in subsection A of this section will be maintained in jacket files by date of impound or storage and readily available for the police officer in charge of the investigation, or responsible members of the California Highway Patrol or by any person specifically authorized in writing by the City Manager.

XXIII. WRITTEN PERMISSION REQUIRED TO DO SERVICE OR WORK The operator shall not perform any service or work upon any police impound in his possession without first obtaining written permission from the vehicle owner or his agent. No work or contract will be entered into between the tow service and operator and the vehicle owner or his agent until the vehicle has been released in writing by the Redlands Police Department.

XXIV. WEEKLY REPORT OF VEHICLES IN STORAGE
The operator shall render a report each week to the Redlands Police Department listing the vehicles remaining in storage. Report shall specify the period of time of storage of the vehicle not being claimed by the owner.

XXV. PROGRAM FEES
A. The operator shall pay the following fees to the City in connection with the operator's participation in the rotational tow program:

1. For all Impounded and Stored Vehicles $75 program fee

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B. The tow operator in not responsible for paying a program fee to the Police Department for vehicles towed for evidence purposes, vehicles stored under CVC 22651 (c), Recovered Stolen Vehicle or CVC 22651 (g), Incapacitated Driver.

C. The operator shall render a report each month to the Redlands Police Department listing the vehicles towed. The report shall be on a form specified by the Redlands Police Department and will accompany the required program fees for that month.

The report shall cover the previous calendar month and shall be provided within 15 working days.

XXVI. CANCELLATION
This Agreement may be canceled by either party, by giving ten (10) days prior written notice to the other party.

XXVII. ATTORNEY’S FEES
In the event any action is commenced to enforce or interpret the terms, conditions or provision 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.

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I. OPERATOR APPROVAL
I certify that I have read and understand this Tow Service Agreement and agree to abide by all provisions. I further warrant and represent that I have the authority to bind operator to the obligations under this Agreement.

I agree to indemnify, defend and save harmless the City of Redlands and its elected officials, officers, agents and employees from any and all claims and losses accruing or resulting from operator’s or operator’s officers, employees and agent’s acts or omissions in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting from operator’s or operator’s officers, employees and agent’s acts or omissions to any person, firm, or corporation who may be injured or damaged by the operator in the performance of this Agreement.

The operator, and the operator’s officers, employees and agents, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City.

OPERATOR APPROVAL
Signature Typed Name
Company Title Date
Business Address Phone Number
APPROVED:
______________________________ _______________________________ Christopher R. Catren Paul T. Barich
Chief of Police Mayor
ATTEST:
________________________________
Jeanne Donaldson, City Clerk
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ATTACHMENT ‘A’

DEFINITIONS
APPEAL
The final level of review for written reprimands, suspensions, terminations, or review of the RPD Deputy Chief’s decision regarding the midterm review process. An informal review conducted by the RPD Deputy Chief or his/her designee, at which the operator may present evidence or witnesses to show that an action taken by the RPD Deputy Chief was improper, or to mitigate the action taken.

BASE SERVICES
Any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer.

CHIEF OF POLICE
The Chief of Police of the Redlands Police Department.

CHP
The Department of the California Highway Patrol.

ENROLLMENT PERIOD
The period of time when a tow company may submit an application for inclusion on the rotation tow list. The enrollment period will be open for at least 30 days and the dates will be determined by the RPD Deputy Chief.

DURATION OF THE TOW SERVICE AGREEMENT (TSA)
The duration of this TSA shall be set by the RPD Deputy Chief for no less than one year and no longer than three years.

INCIDENT COMMANDER
The uniformed RPD member present at the incident who has scene management responsibilities.

LOAD SALVAGE OPERATIONS
Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to upright the vehicle. This will be limited to operations involving Class B, and C tow trucks.

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MAJOR VIOLATIONS
Violations of the Tow Service Agreement which are serious enough to require suspension or termination as the first level of disciplinary action.

MINOR VIOLATIONS
Violations of the Tow Service Agreement which are not flagrant and will generally result in a notice of proposed suspension as the first level of discipline. Subsequent minor violations may result in suspension.

NOTICE
All notices relating to this Agreement shall be in writing and delivered to the other party in person, via FAX, or by US mail.

OFFICE OF THE CHIEF OF POLICE
Chief of Police or RPD Deputy Chief.

OPERATOR
A tow service which has been issued a Letter of Authorization, has signed the Tow Service Agreement, and is approved to receive RPD referred calls. The term "operator" refers to the company, its owner(s), and its manager(s) who have authority to enter into an Agreement with the RPD for towing services and to conduct business in accordance with the terms of this Agreement, and its employees.

PARTY OF INTEREST
Refers to the registered owner of the vehicle, or his/her agent. An agent is a party who may lawfully act on behalf of the registered or legal owner of the vehicle.

Deputy Chief (RPD Deputy Chief)
The Deputy Chief in charge of the Redlands Police Department Field Services Division.

PORTAL TO PORTAL
Service shall start at the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter.

Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that are not part of normal operating procedures. (Examples: 1) 4 X 4 recovery in the mud: reasonable to charge for cleaning mud from truck and equipment, 2) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed, 3) car towed from side of road on misty night Redlands Regular Meeting of 07-19-22 467 of 974
and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) For the purpose of this Agreement, "Portal to Portal" shall also mean "Portal to End of Service."

POSSESSION
Pursuant to Section 3068 of the Civil Code, possession is deemed to arise when the vehicle is removed and is in transit.

PUBLIC SAFETY RESPONSE
A response which results in a storage of a vehicle at the direction of an officer. This does not include a storage at the request of the vehicle operator, registered owner, or agent.

REPRESENTATIVE
A person or group of persons appointed by the operators within the City of Redlands, designated to represent their interests to the RPD Deputy Chief.

RESPONSE TIME
The period of time from the operator's notification by a RPD Communications Center of a call to the arrival of the tow truck at the location requested.

RPD
Redlands Police Department

RETAIL RATE
The usual customary retail rate charged by the operator to individual retail customers. This is the competitive rate a company has posted in the office and quotes over the phone.

SUSPENSION
Removal of the operator from the RPD rotation tow list for a specified period of time.

Suspensions may be for periods longer than the current term of the Agreement.

TERMINATION
Permanent removal of a tow operator from the RPD rotation tow list for the remainder of the term of the Tow Service Agreement and disqualification from any further participation in the Department's Rotation Tow Program.

TOW TRUCK
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A tow truck as defined in Section 615 of the California Vehicle Code. Also includes slide back carriers and wheel lift vehicles.

TOW SERVICE AGREEMENT
A document which sets forth the terms and conditions of an Agreement between the operator and the RPD Deputy Chief representing the RPD.

VEHICLE RECOVERY OPERATION
An operation involving the process of uprighting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle. This will normally be limited to operations requiring a Class B or C tow truck(s).

WAIVER OF REQUIREMENTS
Special circumstance provides temporary relief from selected terms and conditions of the Tow Service Agreement.

WRITTEN REPRIMAND
A written notice to the operator which specifies any violation(s) of the Tow Service Agreement, orders corrective action, and warns of further action(s) to be taken if corrective action is not taken.

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ATTACHMENT ‘B’
Applicable California Vehicle Code and Civil Code Laws
Note: The laws which govern a tow operator's business and vehicle operations are included in, but not limited to, this Attachment. The list of laws included herein is intended as a general guide only. It is the tow operator's responsibility to know and comply with all federal and state statutes and all local ordinances relating to his/her business operations; including those which are and are not listed in this document, any new statutes or ordinances subsequently adopted, as well as, amendments, repeals, or modifications of existing statues and ordinances including but not limited to those described in this attachment.

GENERAL
The operator shall be able to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code (CVC).

The operator and/or his/her agents, who drive tow trucks, shall be properly licensed in accordance with Section 12804.9 of the California Vehicle Code.

Commercial driver licenses must be endorsed to allow operation of special vehicle configurations and/or special cargoes. The following table shows the correct license class and endorsement for the vehicle or cargo being transported:

Vehicle Type or Cargo Class License Endorsement
Code
Pulling more than one trailer A T
Transporting passenger for hire A or B P
Tank vehicle A or B N
Hazardous materials A, B, or C H
Tank vehicle with hazardous materials A, B, or C X
Tow truck drivers shall have the proper class of license and endorsement(s) for the vehicle and cargo being transported, as shown above.

1. Whenever tank vehicles, double trailers, and/or hazardous materials carriers are towed or driven, the driver is required to possess the appropriate class of license and endorsement.

2. Empty buses can be towed without the passenger transport endorsement, but the tow truck driver must have the passenger transport endorsement if the bus is driven by him/her, even without passengers.

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A. The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles.

3. Commercial vehicle operators or operators of vehicles requiring a special certificate must possess both the appropriate license and certificate, and be in possession of a valid medical card.

A. The operator shall comply with the provisions contained in Division 4, Chapter 2 (Reports of Stored Vehicles) of the California Vehicle Code.

B.. The operator shall comply with the provisions of Section 10854 of the California Vehicle Code.

C. The operator shall comply with the provisions of Section 12110 of the California Vehicle Code.

D. The operator shall comply with the provisions of Division 11, Chapter 9, relating to stopping, standing, or parking, and Chapter 10, relating to the removal and disposition of vehicles.

E. Tow trucks shall comply with appropriate lighting and equipment requirements for motor vehicles as contained in the California Vehicle Code.

F. Tow trucks towing disabled legal vehicles or legal combination of vehicles shall comply with the vehicle size and weight limitations contained in Division 15 of the California Vehicle Code.

1. Tow operators may obtain transportation permits, which allow specific variances on these vehicle length and weight limitations, through the California Department of Transportation or local authorities with respect to highways under their respective jurisdictions.
a. The California Department of Transportation issues permits to requesting operators on an annual basis. The permit allows the movement of disabled legal vehicles under the following conditions:
i. Disabled legal vehicles or legal combination of vehicles may be towed on state highways to the nearest appropriate place of repair, or nearest secure storage area that is appropriate for the vehicle or load, whichever is closest and most accessible. It is not the intent of this permit to allow these combinations to be towed to their ultimate destination for convenience, unless that destination meets the foregoing criteria.

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ii. Disabled legal vehicles or combination of vehicles, when connected to a tow truck, may exceed legal gross weight limitations. When one end of a truck or truck tractor of legal weight is elevated by a tow truck, the drive axles, the tow truck and/or the drive axle(s) of the disabled vehicle may exceed legal axle or axle group weight limitations. If any axle or axle group exceeds legal weight, movement will be limited to specific routes. b. Disabled vehicles or combination of vehicles whose movement is authorized by a transportation permit, or any disabled vehicle or any combination of vehicles which, because of damage, has incurred distortion in width or height, causing the vehicle to be in excess of legal dimensions, may be moved at the direction of a peace officer or single trip permit issued by the California Department of Transportation.
c. The driver of a tow truck, operating under a transportation permit, shall comply with all the terms and conditions of the permit.

G. The operator shall comply with the provisions of Sections 3068 through 3074 of the California Civil Code.

H. The operator shall comply with Sections 182, 470, and 532 of the California Penal Code, relating to fraud, and conspiracy to commit fraud.

I. The operator shall comply with the provisions of Sections 17200 and 17500 of the California Business and Professions Code, relating to fraudulent or unfair business practices, or false or misleading statements.

4. Specific California Vehicle Code Requirements Relating to Tow Trucks A. Summarized California Vehicle Code Provisions

1. Unlawful Advertising (25). "It is unlawful for any person to display any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of California Highway Patrol unless such person has lawful authority, permission, or right to make such display."

2. Tow Truck (615). "(a) A 'Tow Truck' is a motor vehicle which has been altered or designed and equipped for and primarily used in the business of towing vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise exclusively used to render assistance to other vehicles. A Aroll-back carrier" designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is a tow truck. 'Tow truck' does not include an automobile dismantlers vehicle."
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NOTE: A vehicle which is not exclusively used in the business of towing vehicles nor used to render assistance to other vehicles is not a "tow truck" as defined above and need not comply with the requirements of the California Vehicle Code Sections cited in this attachment. Such a vehicle shall not be equipped with the flashing amber warning lights permitted on "tow trucks," and is not entitled to special parking privileges under Section 22513.

3. Portable Dolly (4014). "Any portable or collapsible dolly carried in a tow truck or in a truck used by an automobile dismantler and used upon a highway exclusively for towing disabled vehicles is exempt from registration."

4. License Plates (5201). "(a) The rear license plate on a tow truck may be mounted on the left-hand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground."

5. Tow Service Unlawful Acts (12110). "(a) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift, or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, "arranging" does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services."

6. Stopping or Parking (22513). Section 22513 prohibits a tow truck operator or owner from stopping at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for services, or furnishing any towing services unless summoned to that accident scene or disabled vehicle, or flagged down by the owner or operator of the disabled vehicle or by a peace officer. The tow truck driver or owner is also prohibited from removing any vehicle from a highway or public property, without the express written authorization of the vehicle's owner or operator, or a law enforcement officer or agency, when the vehicle has been left unattended or when there is an injury as a result of an accident.

7. Stopping on Freeway (22520). "No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:
a. When necessary to avoid injury or damage to persons or property. b. When required by law or in obedience to a peace officer or official traffic control device.

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c. Any person actually engaged in maintenance or construction on freeway property or any employee of a public agency actually engaged in the performance of official duties.
d. Any vehicle which is so disabled that it is impossible to avoid temporarily stopping and any vehicle which has been summoned to render assistance to a vehicle or person, including a vehicle owned by the donor of free emergency assistance, which has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the donor for the specific purpose of summoning assistance, other than towing service, from the donor.
e. In locations where stopping, standing or parking is specifically permitted; provided, however, that buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop. f. Any person reporting a traffic accident or other situation or incident to a peace officer or any person specified in subdivision (c), either directly or by means of an emergency telephone or similar device. g. The owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol for the purpose of rapid removal of impediments to traffic."

8. Towing or Storage Charges: Payment (22651.1). "Persons operating or in charge of any storage facility where vehicles are stored pursuant to Section 22651 shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card shall be liable to the registered owner of the vehicle for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500). In addition, persons operating or in charge of the storage facility shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction.

Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when agreeing with a towing or storage provider on rates."

9. Release of the Vehicle (22850.3).
"(a) A vehicle placed in storage pursuant to Section 22850 shall be released to the owner or person in control of the vehicle only if the owner Redlands Regular Meeting of 07-19-22 474 of 974
or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current registration.

The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays.
(b) At every storage facility there shall be posted in a conspicuous place a notice to the effect that a vehicle placed in storage pursuant to Section 22850 may be released only on proof of current registration or, at the discretion of the impounding agency, upon the issuance of a notice to appear for the registration violation by the local agency which caused the vehicle to be stored, specifying the name and telephone number of that local agency."

10. Stoplamps, Taillamps, Reflectors (24600, 24603, 24607). In addition to required lighting equipment, tow trucks may be equipped with additional stoplamps, taillamps, and rear reflectors which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. Such additional taillamps shall be lighted whenever the headlamps are lighted.

11. Tow Trucks and Towed Vehicles (24605).
"(a) A tow truck or an automobile dismantler=s tow vehicle used to tow a vehicle shall be equipped with and carry a taillamp, a stoplamp, turn signal lamps, and a portable electric extension cord for use in displaying the lamps on the rear of the towed vehicle.
(b) Whenever a tow truck or an automobile dismantler's tow vehicle is towing a vehicle and a stoplamp and turn signal lamps cannot be lighted and displayed on the rear of the towed vehicle, the operator of the tow truck or the automobile dismantler's tow vehicle shall by means of an extension cord display to the rear a stoplamp and turn signal lamps mounted on the towed vehicle, except as provided in subdivision (c).

During darkness, if a taillamp on the towed vehicle cannot be lighted, the tow truck or the automobile dismantler's tow vehicle operator shall by means of an extension cord display to the rear a taillamp mounted on the towed vehicle. No other lighting equipment need be displayed on the towed vehicle.
c. Whenever any motor vehicle is towing another motor vehicle, stoplamps and turn signal lamps are not required on the towed motor vehicle, but only if a stoplamp and turn signal lamp on each side of the rear of the towing vehicle is plainly visible to the rear of the towed Redlands Regular Meeting of 07-19-22 475 of 974
vehicle. This subdivision shall not apply to driveway-towaway operations."

12. Utility Flood Lights (25110). Tow trucks that are used to tow disabled vehicles may be equipped with utility flood or loading lamps mounted on the rear, and sides, which project a white light illuminating an area to the side or rear of the vehicle for a distance not to exceed 75 feet at the level of the roadway. Tow trucks may display such utility flood lights only during the period of preparation for towing at the location from which a disabled vehicle is to be towed. The flood lamps shall not be lighted during darkness, except while the vehicle is parked, nor project any glaring light into the eyes of an approaching driver.

13. Warning Lamps on Tow Trucks (25253). Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. Tractor-trailer combinations are exempt from this requirement. Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when such tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic.

Note: Vehicles used by automobile dismantlers to tow disabled vehicles may be equipped with flashing amber warning lights. Vehicles used by service stations or garages to occasionally render assistance to disabled vehicles are not tow trucks and are not permitted to be equipped with flashing amber warning lamps.

14. Use of Flashing Amber Warning Light (25268). "No person shall display a flashing amber warning light on a vehicle as permitted by this code except when an unusual traffic hazard exists."

15. Warning Devices on Disabled or Parked Vehicles (25300). "(a) Every vehicle which, if operated during darkness, would be subject to the provisions of Section 25100, and every truck tractor irrespective of width, shall be equipped with at least three red emergency reflectors. The reflectors need be carried by only one vehicle in a combination. All reflectors shall be maintained in good working condition. (b) When any such vehicle is disabled on the roadway during darkness, reflectors of the type specified in subdivision (a) shall be immediately placed as follows:

1. One at the traffic side of the disabled vehicle, not more than 10 feet to the front or rear thereof.

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2. One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by such vehicle.

3. One at a distance of approximately 100 feet to the front of the disabled vehicle in the center of the traffic lane occupied by such vehicle.

4. If disablement of any such vehicle occurs within 500 feet of a curve, crest of a hill or other obstruction to view, the driver shall so place the reflector in that direction as to afford ample warning to other users of the highway, but in no case less than 100 nor more than 500 feet from the disabled vehicles.

5. If disablement of the vehicle occurs upon any roadway of a divided or one-way highway, the driver shall place one reflector at a distance of approximately 200 feet and one such reflector at a distance of approximately 100 feet to the rear of the vehicle in the center of the lane occupied by the stopped vehicle, and one such reflector at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle.
c. When any such vehicle is disabled or parked off the
roadway but within 10 feet thereof during darkness,
warning reflectors of the type specified in subdivision (a) shall be immediately placed by the driver as follows: One at a distance of approximately 200 feet and one at a
distance of approximately 100 feet to the rear of the
vehicle, and one at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle. The reflectors shall, if possible, be placed between the edge of the roadway and the vehicle, but in no event less than 2 feet to the left of the widest portion of the vehicle or load thereon.

d. Until the reflectors required by this Section can be placed properly, the requirements of this Section may be complied with temporarily by either placing lighted red fusees in the required locations or by use of turn signal lamps, but only if front turn signal lamps at each side are being flashed simultaneously.
e. The reflectors shall be displayed continuously
during darkness while the vehicle remains disabled upon the roadway or parked or disabled within 10 feet thereof.

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f. Subdivisions (b), (c), (d), and (e) do not apply to a vehicle under either of the following circumstances:
(1) Parked in a legal position within the
corporate limits of any city.
(2) Parked in a legal position upon a roadway
bounded by adjacent curbs.
(g) In addition to the reflectors specified in subdivision (a), an emergency warning sign or banner may be attached to a vehicle which is disabled upon the roadway or which is parked or disabled within 10 feet of a roadway."

16. Use of Fuses (25305).
"(a) No person shall place, deposit, or display upon or adjacent to any highway any lighted fuses, except as a warning to approaching vehicular traffic or railroad trains, or both, of an existing hazard upon or adjacent to the highway or highway-railroad crossing.
b. It is unlawful to use any fuse which produces other than a red light."

17. Brakes (26453, 26454, 26458). Disabled motor vehicles equipped with power brakes are exempt from the provisions of Vehicle Code Section 26458 which require a single control on the towing vehicle to operate the brakes on the towed vehicle. Such combinations must meet the stopping distance requirement of 50 feet from an initial speed of 20 miles per hour. The service brakes on the tow truck shall be adequate to control the movement of and stop and hold the combination of vehicles under all conditions and on any grade on which they are operated. Brakes are required to be maintained in good working order at all times.

18. Broom, Shovel and Extinguisher (27700).
"(a) Tow trucks shall be equipped with and carry all of the following:
a. One or more brooms, and the driver of the tow truck
engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.
b. One or more shovels, and whenever practical the tow truck driver engaged to remove any disabled vehicle shall spread dirt Redlands Regular Meeting of 07-19-22 478 of 974
upon that portion of the roadway where the oil or grease has been deposited by the disabled vehicle.
c. One or more fire extinguishers of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory nationally recognized as properly equipped to make such approval.
d. A person licensed as a repossession agency pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code is exempt from this section."

19. Signs, Tow Trucks (27907). "There shall be displayed in a conspicuous place on both the right and left side of a tow truck or an automobile dismantler's tow vehicle used to tow vehicles a sign showing the name of the company or the owner or operator of the tow truck or the automobile dismantler's tow vehicle.

The sign shall also contain the business address and telephone number of the owner or driver. The letters of the sign shall be not less than 2 inches in height and the lettering shall be in contrast to the color of the background upon which they are placed."
NOTE: California Vehicle Code Section 25 prohibits the display of any sign, mark, or advertisement indicating an official connection between any tow service and the California Highway Patrol.

20. Safety Chains (29004).
a. "Every towed vehicle shall be coupled to the towing vehicle or tow truck by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue or other connection.
b. All safety connections and attachments shall be of sufficient strength to control the towed vehicle in event of failure of the regular hitch, coupling device, drawbar, tongue or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit.
(c) No more slack shall be left in a safety chain, cable or equivalent device than is necessary to permit proper turning. When a drawbar, as defined in Section 300, is used as the towing connection, the safety chain, cable or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar falls."
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ATTACHMENT "C"
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS A. Tow Truck and Car Carrier Classifications
Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classifications RPD Rotation Classifications a. Class 3 - 10,000 - 14,000 pounds GVWR (Class A Tow Trucks) b. Class 4 - 14,001 - 16,000 pounds GVWR (Class A Tow Trucks) c. Class 5 - 16,001 - 19,500 pounds GVWR (Class A Tow Trucks) d. Class 6 - 19,501 - 26,000 pounds GVWR (Class B Tow Trucks) e. Class 7 - 26,001 - 33,000 pounds GVWR (Class B Tow Trucks) f. Class 8 - 33,001 or more GVWR (Class C & D Tow Trucks) B. Equipment Limitations

1. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.

C. Towing Limitations

1. The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).

2. The truck must meet all applicable state and/or federal standards.

3. The front axle load must be at least 50% of its normal or unladen weight after the load is lifted.

4. Any violation of this element is cause for suspension.

D. Identification Labels

1. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.

E. Recovery Equipment Rating
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1. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). a. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
b. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. c. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment.

F. Safety Chains

1. Safety chains shall be rated at no less than the rating specified by the OEM.
a. Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or underlift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps.
b. Vehicles being transported on slide back carriers shall be secured by four tie-down chains or straps independent of the winch or loading cable.
c. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit.

G. Control/Safety Labels

1. All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

H. Signs

1. All tow trucks shall display signs on both sides containing the operator's company name, business address, and telephone number. The signs shall be Redlands Regular Meeting of 07-19-22 481 of 974
permanently affixed and in compliance with the requirements of CVC section 27907.

I. Wire Rope (Cable)

1. Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use by the RPD. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, chinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength.

II. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS A. The Operator shall maintain five (5) tow trucks during the term of the Agreement.

Three trucks shall be Class A, one truck shall be Class B and one truck shall be a Class C.

A truck of a higher class may be counted as a lower class truck on a one-to-one basis. All tow trucks shall be based and maintained in the City of Redlands.

B. Class A Tow Trucks

1. Minimum Equipment Specifications
a. 10,000 pound GVWR chassis.
b. 4-ton recovery equipment rating.
c. Hydraulic or mechanical winch(es).
d. 100 ft. 3/8" 6 x 19 cable or original equipment manufacturer's (OEM) specifications.
e. Tow chains, 5/16" alloy or OEM specifications, J/T hook assembly.
f. Safety chains, 5/16" alloy or OEM specifications.
g. Tow sling rating 3,000 pounds, when equipped.
h. Wheel lift safety straps or equivalent mechanical device. i. All required wheel safety straps, or equivalent wheel retention device, tie-down straps, and safety chains shall be used during towing operations.
j. Tow dolly.
k. One 3-ton snatch block.
l. Wheel lift rating - retracted.......3,000 pounds.
85" extension*.......3,000 pounds.
* Measured from the center line of the rear axle of the towing vehicle to 10 inches behind the back face of the lifting bar.

C. Class A Car Carrier - One Car
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1. Minimum Equipment Specifications
a. 10,000 pound GVWR chassis.
b. Hydraulic or mechanical winch.
c. 50 ft. 3/8" 6 x 19 cable or OEM specifications.
d. J/T hook loading bridle/chains.
e. Safety chains, 5/16" alloy or OEM specifications; four safety chains for the vehicle being transported.
f. All required tie-down straps and safety chains shall be used as required during towing operations.

D. Class A Car Carrier - Two Cars

1. Minimum Equipment Specifications
a. 16,001 pound GVWR chassis.
b. Hydraulic or mechanical winch.
c. 50 ft. 3/8" 6 x 19 cable or OEM specifications.
d. J/T hook loading bridle/chains.
e. Safety chains 5/16" alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed.
i. All required tie-down straps and safety chains shall be used during towing operations.

E. Class B Tow Truck

1. Minimum Equipment Specifications
a. 19,501 pound GVWR chassis.
b. Air brakes or hydraulic w/air hookup package.
c. 14-ton recovery equipment rating.
d. Hydraulic or mechanical winch(es).
e. 150 ft. 7/16" 6 x 19 cable or OEM specifications.
f. Tow chains, 1/2" alloy or OEM specifications.
g. Safety chains, 1/2" alloy or OEM specifications.
h. Tow sling rating 7,000 pounds.
i. Two 8-ton snatch blocks.
j. Wheel lift safety straps or equivalent mechanical device. i. All required wheel safety straps, or equivalent wheel retention device, tie-down straps, and safety chains shall be used during towing operations.

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k. Wheel lift or under lift rating retracted........10,000 pounds. 85" extension*.........8,000 pounds.
* Measured from the center line of the rear axle of the towing vehicle to 10 inches behind the back face of the lifting bar or from the center line of the rear axle to the center of the lift forks.

F. Class B Car Carrier

1. Minimum Equipment Specifications
a. 19,501 pound GVWR chassis.
b. Hydraulic or mechanical winch.
c. 50 ft. 3/8" 6 x 19 cable or OEM specifications.
d. J/T hook loading bridle/chains.
e. Safety chains, 5/16" alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.

1. All required tie-down straps and safety chains shall be used during towing operations.

G. Class C Tow Truck

1. Minimum Equipment Specifications
a. 33,000 pound GVWR chassis.
b. Air brakes w/air hookup package and single control compressor. c. 25-ton recovery equipment rating.
d. Hydraulic or mechanical winch(es).
e. 200 ft. 5/8" 6 x 19 cable or OEM specifications.
f. Tow chains, 5/8" alloy or OEM specifications.
g. Safety chains, 5/8" alloy or OEM specifications.
h. Tow sling rating 12,000 pounds.
i. Two 12-ton snatch blocks.
j. Under lift rating - retracted..........25,000 pounds. 100" extension*..........12,000 pounds.
* Measured from the center line of the rear axle to the center of the lift forks.

H. Class D Tow Truck

1. Minimum Equipment Specifications
a. 50,000 pound GVWR chassis.

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b. Air brakes w/air hookup package.
c. 300-ton recovery equipment rating.
d. Hydraulic or mechanical winch(es).
e. 250 ft. 3/4" 6 x 19 cable or OEM specifications.
f. Tow chains, 5/8" alloy or OEM specifications.
g. Safety chains, 5/8" alloy or OEM specifications.
h. Tow sling rating 20,000 pounds.
i. Two 12-ton snatch blocks.
j. Under lift rating - retracted............32,000 pounds. 100" extension*............16,000 pounds.
* Measured from the center line of the rear axle to the center of the lift forks.

III. AUXILIARY EQUIPMENT
A. Required Equipment All Classes

1. Extension - Brake and tail lamps.

2. Fire extinguisher (Approved 4-B, C rating or better).

3. Flashlight.

4. Broom.

5. Shovel.

6. Wrecking bar (large pry bar).

7. Reflective triangles.

8. Equivalent of six 30-minute flares.

9. Covered trash can(s) with absorbent.

10. Shop rags and/or paper towels.

11. Shop to truck communications (C/B and cellular phones excluded).

B. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):

1. Adequate emergency supply of fuel in an approved container.

2. Booster battery or hot box starting system.

3. Hydraulic jack capable of handling passenger cars and light trucks.

4. Metric and standard lug wrenches.

5. Rubber mallet/hub cap tool.

6. Lockout tools.

7. Motorcycle straps (Class A only).

8. Sledge hammer.

9. Tool kit may include:
a. Assorted open end wrenches; standard, 1/4" - 7/8" and Metric, 6-19 mm.
b. Assorted screwdrivers; Straight blade and Phillips.

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c. Crescent wrench.
d. Ball peen hammer.
e. Pliers.
f. Battery and terminal cleaning tools.
g. Mechanic's wire.
h. Plastic electrical tape/duct tape.
i. Tire valve core tool.
j. Miscellaneous fuses.
k. Small pry bar.
l. Socket Sets; 1/4" - 1" and 6-19 mm.
m. Ratchet and extensions.

C. Class A

1. Required Equipment
a. One 3-ton rated snatch block.
b. Towing sling - J/T hook tow chain assembly, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
c. Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
d. Car carrier - J/T hook loading bridle, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains.

D. Class B

1. Required Equipment
a. Towing sling - J/T hook tow chain assembly, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
b. Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
c. Truck hitch - Tow chain assembly, 4"x4"x60" and 6"x6"x60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains.
d. Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
e. Two 8-ton rated snatch blocks.
f. Axle covers/caps.
g. Air hoses and necessary fittings to provide air to the towed vehicle.

E. Classes C and D
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1. Required Equipment
a. Towing sling - Tow chain assembly, a 4"x4"x60" and a 6"x6"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
b. Truck hitch - Tow chain assembly, 4"x4"x60" and 6"x6"x60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains.
c. Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
d. Steering wheel clamp.
e. Two 12-ton rated snatch blocks.
f. Axle covers/caps.
g. Air hoses and necessary fittings to provide air to the towed vehicle.

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ATTACHMENT "D"
Applicant's Instruction for Completing the CHP 234A and RPD 234B I. GENERAL INFORMATION
A. The following instructions are being provided to assist you in the accurate completion of the necessary forms. Please be sure to sign and date the application form as indicated. You should thoroughly read and understand the Tow Service Agreement prior to submitting your application. After completing the application form (CHP 234A), return the entire package, along with the certificate of insurance as specified in Element 9 of the Tow Service Agreement, to the RPD for approval. Incomplete applications will not be accepted. If your company receives preliminary approval, an inspection of your facilities and equipment will be scheduled.

II. SPECIFIC INSTRUCTIONS FOR FORMS PREPARATION
A. Application for Rotation Tow Listing (CHP 234A)

1. Completely fill out and sign the CHP 234A. Incomplete applications will not be accepted. All information on the CHP 234A must be complete. Any misrepresentation on the application will be grounds for criminal and/or disciplinary action.

B. Rotation Tow List - Tow Truck Inspection Guide (RPD 234B)

1. Upon preliminary approval, the RPD will provide you with a CHP 234B, Tow Truck Inspection Guide for each tow truck.

2. You should complete the top section of the CHP 234B (Tow Truck Inspection Guide) with company and vehicle information prior to the scheduled inspection date.

3. The following instructions will assist you in preparing this section of the form:
a. Company name as it shows on application.
b. Year vehicle manufactured.
c. Make of vehicle.
d. Model of vehicle.
e. License number.
f. Vehicle identification number.
g. Gross vehicle weight rating as rated by the manufacturer. h. Check the appropriate equipment type.

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City Council Meeting I. 17.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve and award a construction contract to Danny C. Hubbs Construction, Inc., for an amount not-to-exceed $65,612 for the Garden St. Guardrail Installation Project; and determine that the project is categorically exempt from environmental review under Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council determine approval of a construction contract with Danny C. Hubbs Construction, Inc. for the Garden St. Guardrail Installation Project is categorically exempt from environmental review in accordance with Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve the Garden St. Guardrail Installation Project contract with Danny C. Hubbs Construction, Inc., for an amount not-to-exceed $65,612.

2. RECOMMENDATION:

Staff recommends that City Council determine approval of a contract for the Garden St. Guardrail Installation Project is categorically exempt from environmental review in accordance with Section 15303(e) of the State’s guidelines implementing the California Environmental Quality Act. Staff further recommends that City Council approve the Garden St. Guardrail Installation Project, Project No. FCS04262022JN, contract with Danny C. Hubbs Construction, Inc., for an amount not-to-exceed $65,612.

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DISCUSSION:

Along the east shoulder of the1300 block of Garden Street, which extends between Franklin Ave. and Hilton Ave., lies a concrete and stone storm drain channel. The channel is approximately six feet (6') wide and approximately five feet (5') in depth. Currently, the 841' feet of exposed channel is guarded only by a pole and chain combination that was installed decades ago. This design consists of three inch (3") galvanized pipe posts and five foot fifteen inch (5'15") chain acting as the guardrail. This antiquated design does not meet current OSHA standards. A multitude of traffic collisions over the years have left segments of the pipe posts damaged, which has only added to the safety deficiencies. The project consists of the removal of the existing poles and chain and the installation of eight hundred and forty-one foot (841') of guardrail along Garden St. from Franklin Ave. to E Hilton Ave.

The plans and specifications were completed in April 2022, and a request for bids was posted on April 26th, and on May 16th, 2022, the City Clerk's office received and opened five (5) bids. The bids were reviewed by staff to determine if they were responsive to bid requirements. Based on the attached bid analysis, Danny C. Hubbs Construction, Inc. is the lowest responsive and responsible bidder. Therefore, it is recommended that City Council award a construction contract to Danny C. Hubbs Construction, Inc. in an amount not-to-exceed $65,612. If approved, it is anticipated the project will be completed within fifty (50) calendar days from issuance of a Notice to Proceed.

The following five (5) Project bids were received before the submittal deadline:

BID OPENING REPORT SUMMARY
# BIDDER BID AMOUNT
1 Danny C Hubbs Construction, Inc. $65,612.00
2 C&W Construction Specialties, Inc. $67,609.70
3 Metrocell Construction Inc. *$79,700.00
4 Gentry General Engineering Inc. $126,020.00
5 C.S. Legacy Construction, Inc. $159,994.00
*Unit price for the bid Item#3 was missed. However, the item price was given, the missing cell is highlighted in the attached bid analysis, but this error did not affect the ranking.

Furthermore, this project is categorically exempt from environmental review in accordance with Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves the installation of roadside guardrail.

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ALTERNATIVES:

City Council may reject all bids and direct staff accordingly.

STRATEGIC PLAN:

The project supports Strategic Plan Priority D, Strategic Objective 3.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2021-22
Revenue Generating: N
Appropriation Required Y/N: N
Amount: 65,612.00
Budgeted Y/N: Y
Account No.: 101304
Discussion:

The funding for Garden St. Guardrail Installation Project is included within Fiscal Year 21/22.

Attachments
Public Work Contract
Bid Opening Report
Bid Analysis
Redlands Regular Meeting of 07-19-22 491 of 974

PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 19th day of July, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Danny C. Hubbs Construction, Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Garden St. Guardrail Installation Project, Project No. FCS04262022JN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Garden St. Guardrail Installation Project, Project No. FCS04262022JN (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of Sixty-five thousand six hundred twelve dollars ($65,612.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within Fifty (50) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500.00) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500.00) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section Redlands Regular Meeting of 07-19-22 492 of 974
20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)
By:____________________________________
Paul T. Barich, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Community Services Department
Garden St. Guardrail Installation Project
Project No. FCS04262022JN
______________________
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake 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.

Dated this day of , 2022.
_____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Danny C. Hubbs Construction, Inc. (hereinafter designated as "Principal") have entered into an agreement dated June 21st, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Garden St. Guardrail Installation Project, Project No.

FCS04262022JN and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Sixty Five Thousand Six Hundred Twelve Dollars ($65,612.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall Redlands Regular Meeting of 07-19-22 496 of 974
mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________

Redlands Regular Meeting of 07-19-22 497 of 974

LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Danny C. Hubbs Construction, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated June 21st, 2022, and identified as Garden St. Guardrail Installation Project, Project No. FCS04262022JN is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Sixty Five Thousand Six Hundred Twelve Dollars ($65,612.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
Redlands Regular Meeting of 07-19-22 498 of 974
Redlands Regular Meeting of 07-19-22 499 of 974
PROJECT NO. FCS04262022JN BID DATE: 16-May-2022
Garden St. Guardrail Installation Project EST. START DATE: 1-Jul-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization 1 LS $4,015.00 $4,015.00 $2,500.00 $2,500.00 $3,900.00 $3,900.00 $6,000.00 $6,000.00 $21,329.00 $21,329.00 2 Removal and disposal of existing 3" Steel posts and
chain (810 LF) 1 LS $7,210.00 $7,210.00 $5,710.50 $5,710.50 $2,500.00 $2,500.00 $11,500.00 $11,500.00 $19,825.00 $19,825.00 3 Supply and Installation of Midwest Guardrail System
as per Exhibit “A” (Drill and install the posts in soil) 841 LF $42.00 $35,322.00 $45.20 $38,013.20 $71,500.00 $120.00 $100,920.00 $131.00 $110,171.00 4 Temporary traffic control measures 1 LS $19,065.00 $19,065.00 $21,386.00 $21,386.00 $1,800.00 $1,800.00 $7,600.00 $7,600.00 $8,669.00 $8,669.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00 $0.00 $0.00 Total Bid Price $67,609.70 $79,700.00
Unit price is not provided
on bid Item #3, Item price
was given and total bid
price is not changed.

CITY OF REDLANDS

FACILITIES AND COMMUNITY SERVICES DEPARTMENT

BID ANALYSIS
Item
No.

C.S. Legacy Construction,
Bid Item Quantity Unit Inc.

Danny C Hubbs
Construction
Gentry General
Engineering Inc. C&W Construction METROCELL
CONSTRUCTION INC.
$65,612.00 $126,020.00 $159,994.00
Redlands Regular Meeting of 07-19-22 500 of 974
City Council Meeting I. 18.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a purchase order modification in the amount of $31,419.21 with Clean Energy for delivery and supply of renewable liquefied natural gas for the remainder of Fiscal Year 2021-22 (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council authorize a purchase order modification with Clean Energy to increase the total purchase order amount by $31,419.21 for delivery and supply of renewable liquefied natural gas for the remainder of Fiscal Year 2021-22.

RECOMMENDATION:

Staff recommends City Council authorize staff to execute the modification of a purchase order with Clean Energy for delivery and supply of renewable liquefied natural gas for the remainder of Fiscal Year 2021-22.

DISCUSSION:

In May 2019, City Council approved an agreement with Clean Energy for supply and delivery of renewable liquefied natural gas. With the increase of renewable liquefied natural gas sales and customers, the approved compensation has depleted. Staff is requesting additional funds in the amount of $31,419.21 to compensate Clean Energy for supplying renewable liquefied natural gas. The current purchase order amount is $561,632.40, and upon approval of additional funds, the total purchase order amount will be $593,051.61.

Redlands Regular Meeting of 07-19-22 501 of 974
The table below summarizes and reflects the original amount, the amount staff is requesting, and the new total purchase order.

Vendor Current
Purchase Order
Amount
Requested
Total Purchase
Order
Clean Energy $561,632.40 $31,419.21 $593,051.61
ALTERNATIVES:

City Council may decide to not recommend authorizing staff to execute the modification to the purchase order.

STRATEGIC PLAN:

Supports Priority D – Sustainability; Strategic Objective 1 – Fiscal SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Monica Duran, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2021-22
Revenue Generating: Yes
Appropriation Required Y/N: N
Amount: 31,419.21
Budgeted Y/N: Y
Account No.: 607900
Discussion:

All additional costs are offset by the revenue from the sale of renewable liquefied natural gas.

Redlands Regular Meeting of 07-19-22 502 of 974
Redlands Regular Meeting of 07-19-22 503 of 974
City Council Meeting I. 19.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the License Agreement with International Aerobatic Club Chapter 26, for use of the Redlands Municipal Airport for the 2022 Official Regional Aerobatic Competition to be held through September 2nd to 4th, 2022, and determine that the project is exempt from environmental review pursuant to Section 15323 of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that the request is appropriate, the following motions are provided:

I move that the City Council determine that approval of the License Agreement is categorically exempt from environmental review pursuant to Section 15323 of the state's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the License Agreement with International Aerobatic Club Chapter 26 for use of the Redlands Municipal Airport for the 2022 Official Regional Aerobatic Competition.

2. RECOMMENDATION:

On May 17, 2022, and June 16, 2022, the Airport Advisory Board reviewed the request of the International Aerobatic Club Chapter 26 to use the Redlands Municipal Airport for its 2022 Regional Aerobatic Competition and recommended the item be presented to the City Council for consideration and approval. In addition, staff recommends that the City Council determine that approval of the License Agreement is categorically exempt from environmental review pursuant to Section 15323 of the state's guidelines implementing the California Environmental Quality Act. Furthermore, staff recommends that City Council approve the License Agreement with the International Aerobatic Club Chapter 26 for use of the Redlands Municipal Airport for the 2022 Regional Redlands Regular Meeting of 07-19-22 504 of 974
Aerobatic Competition.

DISCUSSION:

The International Aerobatic Club Chapter 26 (IAC 26) is requesting to host a regional aerobatic competition at the Redlands Municipal Airport (Airport) from Friday, September 2, 2022, to Sunday, September 4, 2022, from 7:00 a.m. to 6:00 p.m. on each day. The event setup will begin at 7:00 a.m. on September 2, 2022, followed by event practices and then competitions on September 3rd and 4th. The event attracts approximately 30 pilots, support crews, and event staff.

IAC 26 estimates a total of 75 participants for the competition which is sanctioned by the International Aerobatic Club and conducted in accordance with the current official contest rules, policies and procedures. The IAC 26 event is fully self-supported and has received approval by the Federal Aviation Administration (FAA). No staff resources from the City are required other than the Airport Supervisor issuing a Notice To Airmen. The Airport will remain open during the competition with FAA-approved temporary changes to fixed-wing flight patterns to place normal flight traffic to the south of the Airport. Day-to-day flight operations currently fly to the north of the Airport and over the Santa Ana River wash area. The proposed temporary shift in the flight pattern will allow for the FAA-approved aerobatic box to be placed north of the airport and provide an area to conduct the contest within controlled airspace. These temporary changes to the airspace have been approved by the FAA and ground safety is managed by licensed and certified pilots of IAC 26.

The proposed competition is not open to the public nor is it advertised to the public, and will not affect normal operations at the airport other than the change in the flight pattern during the duration of the event. Sanctioned IAC 26 participants in the aerobatic competition, Airport users, flight schools, instructors, tenants, and transient aircraft will be able to access and use the Airport facilities.

Aerobatic competition rules do not allow alcohol services at or during the event. The proposed staging and judging areas for the competition are within the Redlands Aviation leasehold area. The Fixed Base Operator (FBO) who manages this area is supportive of the event and has coordinated access of the FBO facilities to IAC 26 should City Council approve the Agreement. Further, taxiway and hangar access for aircraft housed and visiting at the Airport will be maintained throughout the event timeline and the sale of goods or services by IAC 26 will be prohibited.

The IAC 26 Chapter will provide the following in accordance with City policy prior to the proposed event:

Certificate of Insurance evidencing: General Liability insurance in the amount of $1 Million Dollars per occurrence with the City listed as an Additional Insured.

Redlands Regular Meeting of 07-19-22 505 of 974
Provide FAA approvals for aerobatic box and temporary relocation of fixed-wing flight pattern to the south of the Airport to avoid conflicts within the temporary aerobatic box.

The proposed competition is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15323 of the CEQA Guidelines which relates to the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" means that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility.

ALTERNATIVES:

City Council may elect not to approve the License Agreement.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:

There are no hard costs associated with the approval of the License Agreement or the staff facilitation of the proposed event.

Redlands Regular Meeting of 07-19-22 506 of 974
Attachments
A. License Agreement with IAC26
Redlands Regular Meeting of 07-19-22 507 of 974

LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDLANDS
AND INTERNATIONAL AEROBATIC CLUB CHAPTER 26
This non-exclusive license agreement (“License”) is made and entered this 19th day of July, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”), and International Aerobatic Club Chapter 26, a non-profit organization (“Licensee”).

City and Licensee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS
WHEREAS, Licensee desires to conduct a private international aerobatic club-sanctioned aerobatic competition (“Event”) at the Redlands Municipal Airport (“Airport”), located at 1755 Sessums Drive; and
WHEREAS, City has approved prior use of the Airport for similar aerobatic competitions that are not publicized for public attendance; and
WHEREAS, City and Licensee desire to enter into this non-exclusive License to set forth the terms and conditions under which City will permit use of a portion of the Airport by Licensee, and the respective rights and obligations of the Parties relating to such License; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and International Aerobatic Club Chapter 26 agree as follows:

AGREEMENT
Section 1. Premises. City hereby grants to Licensee a non-exclusive License to conduct the Event at the location specified in Exhibit “A” (the “Premises”) titled “Airport Layout Plan,” which is attached hereto and incorporated herein by this reference.

Section 2. Acknowledgment of License and Disclaimer of Tenancy. Licensee is not a tenant or lessee of City and holds no rights of tenancy or leasehold in relation to the Premises.

In consideration of City’s grant of this non-exclusive License, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Premises other than the rights expressly granted by this License.

Section 3. Term. The term of the License shall commence on September 2, 2022, and terminate on September 5, 2022, unless earlier terminated as provided for herein. Licensee shall have no right to remain on or within the Premises for any purpose after expiration, or the earlier termination of, this License.

Section 4. Use of Premises.

A. The Premises shall be used by Licensee solely for the purpose of conducting the Official International Aerobatic Club Competition Event at the Airport.

B. During the term of this License, Licensee shall comply with all applicable federal, Redlands Regular Meeting of 07-19-22 508 of 974
state, and local laws, and all applicable rules and regulations established by City including, but not limited to, City’s Municipal Code provisions governing the Airport.

C. The hours of operation for the Event shall be limited to the following:
i. September 2, 2022, from 7:00 a.m. until 8:00 p.m.; and ii. September 3, 2022, from 7:00 a.m. until 8:00 p.m.; and iii. September 4, 2022, from 7:00 a.m. until 10:00 p.m.

D. Licensee may commence Event set-up within the areas identified in Exhibit “A,” on September 2, 2022, beginning at 7:00 a.m. Taxiway and hangar access for aircraft housed and visiting at the Airport will be maintained.

E. Tear down and clean-up of the Event shall commence immediately following the end of the Event and shall be completed no later than 10:00 p.m. on Sunday, September 4, 2022.

F. Licensee shall ensure that all airport gates used by the Event staff are properly closed and secured after each use.

G. Licensee shall ensure that the Event is not advertised as a public event, and the Airport will remain open during the Event with FAA-approved temporary changes to the fixedwing flight pattern.

H. Licensee shall provide a reasonably sufficient number of adequate trash receptacles as directed by City staff within the Airport parking areas and the Premises identified in Exhibit “A.” The airport ramps utilized in the course of the Event shall be expediently cleared of all trash and debris that may pose a threat to airport operations.

I. Licensee shall obtain all required federal, state and local agency permits, copies of which shall be submitted to the Airport Supervisor prior to the Event.

J. Licensee shall manage ground and air safety by licensed and certified staff at all times during the Event.

K. Licensee shall require attendees to park only within designated parking areas.

L. Licensee’s operation of the Premises shall not include the sale of goods or services.

Section 5. Final Plan Submittals.

A. Licensee shall submit to City for review and approval a final layout plan by close of business, August 25, 2022. The final layout shall be reviewed and approved by City’s Facilities and Community Services Director and substituted for the Exhibit “A” attached to this License.

B. All plans and documents related to the Event and submitted to City shall reflect City Council approvals and any other changes required by the Council and/or staff. This condition Redlands Regular Meeting of 07-19-22 509 of 974
applies to all Event layouts, schedules, or plans submitted to City in connection with the Event.

Section 6. Indemnity. Licensee, and its agents and employees (collectively, “Licensee”) shall defend, indemnify, protect and hold harmless City, and its elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines penalties, expenses, causes of action and judgements at law or in equity, or liability or any kind or nature, whether known or unknown, (including without limitation, third party claims with attorneys’ fees) which City, or its elective and appointive boards, officials, officers, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or any way connected to this License, and the Licensee's negligent acts or omissions, or willful misconduct, associated with Licensee’s conducting the event authorized by this License, excepting only liability arising out of the sole negligence of the City. This section shall survive any termination or expiration of this License.

Section 7. Public Liability and Property Damage Insurance. Licensee shall obtain Event insurance in compliance with the minimum scope and limit of insurance as outlined below:

A. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of Two Million Dollars ($2,000,000) per occurrence, 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.

B. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee nonownership 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.

C. Licensee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City. All certificates and endorsements are to be received and approved by the City at least five (5) days before Licensee commences activities.

Section 8. Special Risks or Circumstances: City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.

Section 9. Assignment Prohibited. This License is personal to Licensee. Licensee shall not encumber, assign, sublease or otherwise transfer this License, or any right or interest therein, without the prior written consent of City. Any such encumbrance, assignment, sublease or transfer without such prior consent and approval of City shall constitute an immediate breach of this License and may, notwithstanding any other provision of this License and at the sole Redlands Regular Meeting of 07-19-22 510 of 974
discretion of City, result in the immediate termination of this License.

Section 10. Attorneys’ Fees. In the Event any action is commenced to enforce or interpret the terms or conditions of this License, 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 use of in- house counsel by a Party.

Section 11. Notices. Any notice or other communication required, or which may be given, pursuant to this License, shall be in writing. Any such notice shall be deemed delivered (i) on the day 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 email 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 of in accordance with this section:

CITY: LICENSEE:

City of Redlands International Aerobatic Club Chapter 26 Jeanne Donaldson, City Clerk c/o Susan Bell, President
P.O. Box 3005 22240 Broken Lance Rd.

Redlands, CA 92373 Apple Valley, CA 92307
[email protected] [email protected]
(909) 798-7531 (323) 377-1125
Section 12. Entire License/Amendment. This License constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any prior verbal or written representations or agreements respecting the Premises not expressly set forth herein are null and void. Any and all amendments to this License shall be in writing and executed by the Parties.

Section 13. Termination. City shall have the right to terminate this License, with or without cause, upon thirty (30) days prior written notice to Licensee. City shall have no liability for any claims or damages resulting to Licensee as a result of any exercise by City of its right to terminate this License. This License may be terminated at the discretion of City should Licensee fail to fulfill its requirements as specified herein.

Section 14. Waiver. No waiver by either Party of any provision of this License, or waiver of any breach of this License, shall be deemed to be a waiver of any other provision of this License, or of any subsequent breach by either Party of the same or any other provision of this License.

Section 15. Severability. If any provision of this License is held invalid or unenforceable for any reason by a court of competent jurisdiction, this License shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted.

Executed on the 19th day of July 2022, at Redlands, California Redlands Regular Meeting of 07-19-22 511 of 974

CITY OF REDLANDS INTERNATIONAL AEROBATIC CLUB
CHAPTER 26
__________________________________ _________________________________ Paul T. Barich, Mayor Susan Bell, President
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 07-19-22 512 of 974
EXHIBIT “A”
Airport Layout Plan
Redlands Regular Meeting of 07-19-22 513 of 974
City Council Meeting I. 20.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the License Agreement with Southern California Edison for use of property for a walking trail and associated landscaping from Orange Street to Texas Street and determine that approval of the License Agreement is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move to determine that approval of the License Agreement is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the License Agreement with Southern California Edison for use of property for a walking trail and associated landscaping from Orange Street to Texas Street.

2. RECOMMENDATION:

Staff recommends City Council determine that the approval of the License Agreement is exempt from environmental review pursuant to Section 15301 of the State's Guidelines implementing the California Environmental Quality Act.

Further, staff recommends that City Council approve a License Agreement with Southern California Edison for use of property for a walking trail and associated landscaping from Orange Street to Texas Street.

Redlands Regular Meeting of 07-19-22 514 of 974
DISCUSSION:

In February 2017, the City Council approved an agreement with the City of Highland to implement a grant-funded project to build a series of trails and bike lanes connecting Citrus Valley High School to Orange Street. The route for the project runs along a Southern California Edison (SCE) pole line between Orange Street and Texas Street just south of the Santa Ana River bluff as shown in the attached map.

As such, in October 2017, the City Council approved a License Agreement with SCE for use of APN's 0167-422-48, 0167-901-32, and 0167-901-33 for walking trail and associated landscaping with a term expiring on July 31, 2022. Entering into this new License Agreement, attached for City Council's consideration, will allow the City to continue to use and maintain the trail along the SCE pole line.

The term of the agreement is for five years commencing on August 1, 2022 with an annual license payment to SCE of $1,656.94 (increasing 3% annually).

Funding for this license will come from the awarded ATP Cycle 2 grant.

Furthermore, the license agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15301 for maintenance of existing facilities.

ALTERNATIVES:

The City Council may elect not to approve the license agreement.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
John Harris, Municipal Utilities and Engineering Director PREPARED BY:

Larry Alms, Administrative Assistant II
Redlands Regular Meeting of 07-19-22 515 of 974
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $1,657
Budgeted Y/N: Yes
Account No.: 241400
Discussion:

The license will be paid out of the grant funding for the ATP Cycle 2 Project.

Attachments
A. SCE License Agreement
Redlands Regular Meeting of 07-19-22 516 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
-1-
Rev8 2016-05-11 GS-JC

CITY OF REDLANDS (FACILITIES AND COMMUNITY SERVICES)

L I C E N S E A G R E E M E N T

INDEX OF ARTICLES

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAW

26. GOVERNING LAW

27. INDEMNIFICATION

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS
Redlands Regular Meeting of 07-19-22 517 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
-2-
Rev8 2016-05-11 GS-JC

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

Redlands Regular Meeting of 07-19-22 518 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
-3-
Rev8 2016-05-11 GS-JC

LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF REDLANDS (FACILITIES AND COMMUNITY SERVICES), called "Licensee"; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor’s Parcel Numbers 0167-422-48, 0167-901-32 and 0167-901-33, situated in the City of Redlands, County of San Bernardino, State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:
● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. ● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.
● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.
● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.
● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. ● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.

Redlands Regular Meeting of 07-19-22 519 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
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1. Use: Licensee will use the Property for landscaping and walking paths purposes only.

Licensor makes no representation, covenant, warranty or promise that the Property, and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.

2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of August, 2022 and ending on the last day of July, 2027. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.

3. Consideration: Licensee will pay to Licensor the sum of One Thousand Six Hundred Fifty Six and 94/100 Dollars ($1,656.94) upon the execution and delivery of this Agreement with subsequent annual payments. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor. Payment schedule:

Year Term Yearly
Amount
Payment Due
First Day Of
First Year 2022 $1,656.94 August
Second Year 2023 $1,706.65 August
Third Year 2024 $1,757.85 August
Fourth Year 2025 $1,810.58 August
Fifth Year 2026 $1,864.90 August
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.

Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.

All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.

4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and disease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.

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(b) Commercial General Liability Insurance, including contractual liability and products liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.
(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self-insurance is maintained under a self-insurance program reasonably satisfactory to Licensor. Landscaping and walking paths use is an approved Secondary Use Category; Licensee may submit written verification of self-insurance to meet the above insurance requirements.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of this Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non-payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor, and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.

5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property, structures, and/or crops located on the Property, nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.

6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including, but not limited to, grading, lighting, landscaping, grounding, and irrigation plans, - identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

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To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, other legal requirements, or the generally accepted standard of care.

At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor. Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Propertyand/or any fixtures thereon. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.

7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.

Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licensee’s activities on the Property, including its use and/or removal of Licensee’s personal property. Licensee further acknowledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time. (ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.

Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss, damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such nonparty’s personal property.

8. Height Limitations and Vertical Clearances: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearances from all overhead electrical conductors as designated in the table below:

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet
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All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee’s expense, any tree and/or other planting.

9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference with the free movement of Licensor's equipment, personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:
a. A 50-foot-radius around suspension tower legs, H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.

NOTE: Additional clearance may be required by Licensor for structures.

10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

12. Flammables, Waste and Nuisances: Unless permitted by Licensor in writing, Licensee will not, or allow others, to place, use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.

Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.

Licensee will not permit dogs on the Property.

13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard, and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.

14. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.

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15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.

Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.

16. Fencing and Existing Fixtures: Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width, and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.

18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.

19. Underground and Above-Ground Tanks: Licensee will not install underground or aboveground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval.

20. Underground Facilities: Any underground facilities must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three-axle vehicle.

Licensee will compact any earth excavated to a compaction of ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when Redlands Regular Meeting of 07-19-22 524 of 974
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due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law.

23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.

All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.

24. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.

25. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.

26. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.

27. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.

28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thirty (30) days notice in writing. Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non-payment of the License fee, Licensor shall refund any previously collected/pre-paid License fees covering the unused portion of the remaining term, to the extent such fees exceed any offset claimed by Licensor under the Agreement

29. Events of Default: In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:

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(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency for Licensee’s activities under this Agreement. (e) Any attempt to exclude Licensor from the licensed premises. (f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.
(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.
(i) With respect to items not otherwise listed in Article 29.a-h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be required to provide any subsequent notice of breach of this Agreement.

30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.

31. Licensee’s Personal Property Upon Termination or Expiration: In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and Redlands Regular Meeting of 07-19-22 526 of 974
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waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.

If Licensee fails or refuses to remove any of Licensee’s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.

Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in prior to Licensor’s initial use of the Property.

Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S) AFTER THE TERMINATION OR EXPIRATION OF

THIS AGREEMENT, THE TOTAL LIABILITY OF LICENSOR SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFITS, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT.

33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.

34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.

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35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69-C, this License is made conditional upon the right of the Licensor either on order of the Public Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.

Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.

36. Electric and Magnetic Fields (“EMF”): There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long-term exposures to EMF and certain diseases is based on this scientific research and public concerns.

While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.

Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.

37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other injuries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or around the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.

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Licensee agrees for itself and for its contractors, agents, licensees, invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.

38. Notices: All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Eastern Region
2 Innovation Way
Pomona, CA 91768
To Licensee: City Of Redlands (Facilities And Community Services) 35 Cajon Street
Redlands, CA 92373
Business Telephone No. (909) 798-7655
Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties.

41. Signature Authority: Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. (THIS SPACE LEFT BLANK INTENTIONALLY)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate.

LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY
By___________________________________________

JEREMY BEARD
Real Estate Specialist
Land Management – Eastern Region
Vegetation & Land Managment
_____________________
Date
LICENSEE:

CITY OF REDLANDS
(FACILITIES AND COMMUNITY SERVICES)
By___________________________________________
PAUL T. BARICH, Mayor
_____________________
Date
Attest:

By___________________________________________
JEANNE DONALDSON, City Clerk
Redlands Regular Meeting of 07-19-22 530 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
- 1 -
2014.12.01_V11-GS-JC

APPENDIX
Guidelines for Standard Licensee Improvements
The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.

Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.

The plan must show the locations of all “Licensor” towers and poles, 16-foot wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles

3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.

Redlands Regular Meeting of 07-19-22 531 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
- 2 -
2014.12.01_V11-GS-JC

SHADEHOUSES/HOTHOUSES
(Definition: A simple, non-flammable, enclosed structure designed to control temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)

1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles

3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded by a licensed electrical engineer d. Covering must be non-flammable and manufactured with non-hydrocarbon materials

GREENHOUSES
(Definition: An enclosed structure designed to control temperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipe must be plastic Schedule 40 or better

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 -foot radius around suspension tower legs, H-Frames and poles Redlands Regular Meeting of 07-19-22 532 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
- 3 -
2014.12.01_V11-GS-JC
c. 100-foot radius around dead-end tower legs, H-Frames and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way

5. Suitable identification markers will be required on main controllers and valves

6. Locations of main shut off valve will be provided and shown on a plot plan

7. Underground facilities must have a minimum cover of three feet

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permitted under the overhead electrical conductors or within 20 feet of the “drip line” of the conductors

2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet

3. Placement of large rocks (boulders) must be approved in writing by Licensor

4. Any mounds or change of grade must be approved in writing by Licensor

5. No cactus or thorny shrubs will be permitted

6. Retaining walls, planters, etc. may be considered on a case by case basis and must be approved in writing by Licensor
TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet

2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50-foot radius around suspension tower legs, H-Frames and poles c. 100-foot radius around dead-end tower legs, H-Frames and poles d. 25-foot radius around anchors/guy wires, poles and wood poles e. Under or within 10 feet of the conductor “drip lines” Redlands Regular Meeting of 07-19-22 533 of 974
SCE Doc. 274452, 295048, & 293526 Att. Contract No. 9.6823

Initial (_______)/(_____/______)
Licensor/Licensee
- 4 -
2014.12.01_V11-GS-JC

3. Sewer or gas lines to trailers must be approved in writing by Licensor

4. Location of all electrical and telephone lines must be approved in writing by Licensor

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes

7. Toxic or flammable materials will not be permitted in trailers

8. Adequately grounded by a licensed -general contractor

PARKING AREAS
Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way

3. No toxic or flammable materials will be permitted

4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot wide access roads b. 50 - foot radius around suspension tower legs, H-Frames and poles c. 100 - foot radius around dead-end tower legs, H-Frames and poles d. 25 feet from anchors/guy wires, poles and wood poles

5. Storage of materials not to exceed a maximum height of 15 feet

6. No storage of gasoline, diesel or any other type of fuel will be permitted

7. Any fencing around the storage areas must have Licensor’s prior written approval.

Redlands Regular Meeting of 07-19-22 534 of 974
APN 0167-422
-48
APN 0167-901-32 APN 0167-901-33

TEXAS ST

ORANGE ST

FURLOW DR

COLORADO ST

CLEMENTINE ST

MIDWAY ST

CASTLEGATE LN

DUBOIS ST

VIRGINIA ST

W RIVERVIEW DR

MOUNTAIN VISTA CIR REED ST

BLUE JAY LN

DOMESTIC AVE

BRANDON ST

YVETTE CT

BEATTIE LN

WATERS CT

DEODAR ST

CITRON CT

HUBBARD CT

BLUE BIRD LN

CRYSTAL SPRINGS LN CRYSTAL COVE CT

DESERT LIME CT

DOMESTIC AVE

HIGHLAND/REDLANDS REGIONAL

CONNECTOR PROJECT
± SCE LICENSE AGREEMENT LOCATION MAP

SUBJECT PARCELS
Exhibit A
Redlands Regular Meeting of 07-19-22 535 of 974
City Council Meeting I. 21.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support in the amount of $31,232 related to the Stater Bros. Charities Believe Walk to be held on Sunday, October 2, 2022 (Assistant City Manager Boatman) MOTION(S):

If the City Council determines that this request is appropriate, the following motions are provided:

I move to authorize and approve a request for in-kind support in the amount of $31,232 related to this event; and

1. 2. I move to approve temporary street closures related to the event.

RECOMMENDATION:

Staff recommends that the City Council direct staff accordingly concerning the request for in-kind support and approve the temporary street closures related to the event.

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of City resources and facilities in support of a special event.

Redlands Regular Meeting of 07-19-22 536 of 974
Stater Bros. Charities have reserved the Redlands Bowl, Smiley Park, and Ed Hales Park on Saturday, October 1, 2022, for event set-up in preparation for the festivities and walking event on October 2, 2022. They are also requesting approval to temporarily close E. State St., 5th St., 6th St., 7th St., 8th St. and 9th St., Eureka St., Grant St., and 4th St., Myrtle St., Fern Ave., Cypress Ave., Hibiscus Dr., W. Palm., Alvarado St., Center St., Clark St., Michigan St., and Olive Ave., for the event. Additionally, they are requesting in-kind support in the amount of $31,232 for departmental resources including Fire Personnel, Police Personnel, Facilities and Community Services Personnel and equipment, and the reservations of the Redlands Bowl, Smiley Park, and Ed Hales Park. Stater Bros. Charities is a registered non-profit organization operating out of the City of San Bernardino.

According to the submitted application, the event will raise critical funds that directly impact cancer care in the Inland Empire. The event this year is expected to draw 12,000 participants and raise over $450,000 for cancer organizations and support services. In addition, the application states that the Believe Walk brings an economic benefit and impact to the City by attracting 12,000 participants to the downtown area.

ALTERNATIVES:

The City Council may deny the request to hold the event, the request for in-kind support or provide alternative direction to staff.

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:

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Larry Alms, Administrative Assistant II
Redlands Regular Meeting of 07-19-22 537 of 974
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $31,232
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2022 Amount Type 2019 Amount
Police Personnel1 $25,366.00 Hard Cost $16,846.00
Fire Personnel1 $2,839.00 Hard Cost $3,300.00
FCS Personnel1 $640.00 Hard Cost $442.44
Fire Equipment $600.00 Soft Cost $640.00
FCS Equipment $570.00 Soft Cost $570.00
Personnel & Equipment
Subtotal
$30,015.00 $21,798.44
Fees Established by City
Council Resolution
Redlands Bowl Reservation $841.00 Soft Cost $998.00
Smiley Park Reservation $188.00 Soft Cost $249.00
Ed Hales Park Reservation $188.00 Soft Cost $249.00
Fees Subtotal $1,217.00 $1,496.00
Total Departmental Charges
and Fees
$28,845.00 (hard)
$2,387.00.00(soft)
$31,232.00
(Total)
$23,294.44
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 2022-23 to date:

TABLE 2: FY 2022-23 Fee Waivers to date
Redlands Regular Meeting of 07-19-22 538 of 974
TABLE 2: FY 2022-23 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$89,257.00 $2,202.00 $1,100.00 $92,559.00 $91,459.00
Attachments
A. In Kind Support Request
B. Verification of Nonprofit
Redlands Regular Meeting of 07-19-22 539 of 974
Redlands Regular Meeting of 07-19-22 540 of 974
Redlands Regular Meeting of 07-19-22 541 of 974
Redlands Regular Meeting of 07-19-22 542 of 974
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.

Yes
PC
Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and nonprofits.

Back to Search Results
EIN: 26-1236033 | Sn Bernrdno, CA, United States
Details about Stater bros charities https://apps.irs.gov/app/eos/detailsPage?ein=261236033&name=Stater... 1 of 2 6/27/2022, 10:27 AM
Redlands Regular Meeting of 07-19-22 543 of 974
Details about Stater bros charities https://apps.irs.gov/app/eos/detailsPage?ein=261236033&name=Stater... 2 of 2 6/27/2022, 10:27 AM
Redlands Regular Meeting of 07-19-22 544 of 974
City Council Meeting J. 1.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to the designation of a voting delegate and alternate(s) to the 2022 League of California Cities Annual Conference scheduled to occur September 7-9 in Long Beach (Mayor Barich)
MOTION:

I move to designate Council Member Denise Davis to serve as the voting delegate for the League of California Cities 2022 Annual Conference.

1. I move to designate ____________________ to serve as the alternate voting delegates for the League of California Cities 2022 Annual Conference.

2. DISCUSSION:

The 2022 Annual Conference of the League of California Cities is scheduled for September 7-9 in Long Beach. An important aspect of the annual conference is the Annual Business Meeting where the League membership considers and takes action on resolutions that establish League policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate. The City Council may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

Additional information is provided in the attached memorandum and voting procedures from the League of California Cities.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
Redlands Regular Meeting of 07-19-22 545 of 974
Attachments
A. Memorandum dated June 1, 2022, from the League of California Cities B. Annual Conference Voting Procedures
C. Voting Delegate Form
Redlands Regular Meeting of 07-19-22 546 of 974
Redlands Regular Meeting of 07-19-22 547 of 974
Redlands Regular Meeting of 07-19-22 548 of 974
Redlands Regular Meeting of 07-19-22 549 of 974
Redlands Regular Meeting of 07-19-22 550 of 974
City Council Meeting J. 2.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible direction to staff regarding renter protections during “substantial remodel” evictions (Mayor Pro Tem Tejeda)
DISCUSSION:

This item is being put forth to City Council to allow for discussion and possible direction to staff regarding renter protections during “substantial remodel” evictions.

Redlands Regular Meeting of 07-19-22 551 of 974
City Council Meeting K. 1.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Resolution No. 8357 - Delinquent Municipal Services Account Report
(Mayor to declare the meeting open as a public hearing) Public Hearing to Consider Resolution No. 8357 approving the Delinquent Municipal Services Account Report and Submittal of the Report to the Auditor-Controller of San Bernardino County for Lien Processing (Management Services/Finance Director Garcia)
A.

PROCEDURE FOR PUBLIC HEARING:

1. Mayor declares the meeting open as a public hearing.

2. Mayor calls upon Department Director for report.

3. Mayor calls for questions/comments from members of the City Council.

Mayor calls upon City Clerk for comments/questions/testimony received from members of the public.

4. 5. Mayor closes the public hearing.

6. City Council considers the motion and votes.

MOTION(S):

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

I move to adopt Resolution No. 8357.

RECOMMENDATION:

Staff recommends that the Council adopt Resolution No. 8357, a resolution of the City Council of the City of Redlands approving the Delinquent Municipal Services Account Report and subsequent submittal of this report to the Auditor-Controller of San Bernardino County for recordation of a Special Redlands Regular Meeting of 07-19-22 552 of 974
Assessment on the 2022-2023 tax roll against properties resulting from non-payment of certain City of Redlands municipal services accounts.

DISCUSSION:

To maintain healthy and sanitary conditions, Redlands Municipal Code section

13.64.070 states that "The fact that any property is occupied shall be prima facie evidence that solid waste is being generated and accumulated upon such property and that service charges for the collection and disposal thereof are due to the City. Every person owning or occupying any property in the City shall keep such property in a clean and sanitary condition and shall not cause or permit solid waste to collect or accumulate upon; provided, however, that this provision shall not be construed to interfere with any customer keeping building materials upon property during the construction, reconstruction, or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such property for household use." This section further states, "Every property shall subscribe to automated or non-automated solid waste services. It is unlawful for any property to keep, accumulate, or permit to be kept or accumulated, any solid waste in or upon any private place unless the same shall be in a container for such as specified in this chapter. It is unlawful for any property to fail or neglect to provide for the removal of solid waste from such property in accordance with the provisions of this chapter." The Customer Service Division's standard procedures include regular bills, reminder notices, final notices, courtesy phone calls, and special certified letters when attempting to collect payment for delinquent municipal service bills, which include solid waste and recycling services, household hazardous waste disposal services, and street cleaning services. Delinquent accounts are sent letters indicating that the City may move forward with procedures in accordance with the Redlands Municipal Code section 13.64.060 "B" which states, in part, that "In addition to any other remedies it may have for the collection of delinquent accounts, the city may cause notice of a hearing on delinquent accounts in accordance with Government Code sections 25830.1 and 38790.1. Such notice shall be mailed to property owners listed as delinquent accounts not less than ten (10) days prior to the date of the hearing. At the hearing, the City Council shall hear any objections or protests of such property owners. The City Council may make such revisions, corrections or deletions to the report of delinquent accounts as it deems just, after which, by resolution, the report shall be confirmed. The delinquent charges set forth in the delinquent account report may be placed as a lien on such properties for the amount of such delinquent charges plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the city clerk, for the current tax roll." Thirty-two (32) letters were mailed to property owners on June 30, 2022, providing them with notice that the City Council would hold a public hearing on July 19, 2022 "to consider the submittal of a report to the Auditor-Controller of San Bernardino County for recordation of a special assessment on the Redlands Regular Meeting of 07-19-22 553 of 974
San Bernardino County for recordation of a special assessment on the 2022-2023 tax roll against your property resulting from non-payment of a City of Redlands municipal services account".

If these delinquent accounts are not paid by August 24, 2022, they will be included on the 2022-2023 tax roll that staff will submit to the County no later than final deadline of August 31, 2022. Staff will accept payments on delinquent accounts up until August 24th, such that any and all accounts that are brought current as a result will be excluded from the list being sent the County for recordation.

The cost to apply for a Special Assessment to the next tax roll is $1.20 per submission, charged to the property owner. At the time the notices were prepared for mailing, 32 accounts totaling $25,978.50 were delinquent.

However, the amounts reported to the County Auditor-Controller for inclusion on the tax roll may be less if any or all of these accounts are paid by August 24, 2022. For accounts that are still active and receiving service, additional bi-monthly charges will continue to accrue and will be billed to the current accounts of record. In the event the accounts fail to pay future bills in a timely manner and additional delinquencies accrue, future special assessments may be placed on the tax roll to secure payment from the customer.

ALTERNATIVES:

The City Council could direct staff to enlist the services of a collection agency for all delinquent accounts, including owner-occupied, that would attempt to collect the delinquent revenues due the city. This option would require the city to forfeit a portion of any amounts the collection agency was successful in collecting on behalf of the city, which is approximately 30% of the total receivable. It may also have an adverse effect on the account holder's credit score.

SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

Charles M. Duggan, Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Chris Boatman, Facilities and Community Services Director PREPARED BY:

Aimee Hoover, Revenue Supervisor
Redlands Regular Meeting of 07-19-22 554 of 974
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: Y
Appropriation Required Y/N: N
Amount: 25,978.50
Budgeted Y/N: Y
Account No.: various
Discussion:

Approval of this resolution will provide for escalated procedures in an attempt to capture $25,978.50 in lost revenue associated with municipal services rendered.

Attachments
Resolution No. 8357
Delinquent Municipal Services Accounts
Example Customer Letter
Redlands Regular Meeting of 07-19-22 555 of 974
1 I:\MISCELLANEOUS\S B County Liens\2022-23\8357 Delinquent Municipal Svcs Accts 2022.doc RESOLUTION NO. 8357

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

APPROVING THE DELINQUENT MUNICIPAL SERVICES REPORT AND

SUBMITTAL OF THE REPORT TO THE AUDITOR OF SAN BERNARDINO

COUNTY FOR LIEN PROCESSING
WHEREAS, the City of Redlands has provided service and properly billed and noticed delinquent accounts based on a preliminary report dated June 29, 2022 for solid waste and recycling collection and disposal, household hazardous waste disposal, and street cleaning services; and

WHEREAS, certain property owners receiving such services, as shown on the last available assessment roll, have failed to take action to pay the outstanding delinquent balance owed to the City; and
WHEREAS, measures are being taken in accordance with Chapter 13.64 of the Redlands Municipal Code which states “…in the event of non-payment of any portion of the municipal services statement, any charges for service shall be deemed the responsibility of the property owner and may result in a lien against the property;” and WHEREAS, pursuant to Chapter 13.64 of the Redlands Municipal Code, a duly noticed public hearing was held on July 19, 2022, so that the property owners could object or protest the proposed adoption of this resolution, and
WHEREAS, the City Council of the City of Redlands, having considered the delinquent solid waste service accounts, together with any objections and protests by property owners, desires to declare the delinquent accounts as special assessments and cause such accounts to be recorded as a lien against the properties benefitting from the provision of such services.

NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows:

Section 1. The City Council approves the submittal of delinquent solid waste service accounts to the auditor of San Bernardino County, who will record and enter the assessments on the property tax roll against the properties that remain delinquent as of August 25, 2022.

Section 2. The City Clerk of the City of Redlands is hereby authorized and directed to send a certified copy of this resolution, to the auditor, or the officer holding the equivalent position of auditor, for the County of San Bernardino.

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

Paul T. Barich, Mayor
ATTEST:

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 07-19-22 556 of 974
June 29, 2022 Preliminary Report
Delinquent Municipal Services Accounts
APN
Total Account
Balance
0173181120000 $ 658.83
0300355070000 $ 237.30
0300481010000 $ 326.59
0300511040000 $ 122.41
0300213070000 $ 169.60
0300215690000 $ 254.40
0301143330000 $ 336.83
0300215240000 $ 681.46
0300241320000 $ 496.83
0300431150000 $ 81.62
0300373010000 $ 257.07
0300264060000 $ 355.95
0300215250000 $ 417.07
0300121020000 $ 355.95
0300382010000 $ 169.60
0301191120000 $ 496.83
0301141260000 $ 253.31
0301141130000 $ 118.65
0300215360000 $ 84.80
0300262110000 $ 323.48
0301143380000 $ 496.83
0300212010000 $ 583.48
0300131160000 $ 481.55
0300412100000 $ 1,448.27
0300061180000 $ 115.36
0294091450000 $ 218.55
0300123030000 $ 84.80
0294121320000 $ 550.27
0300231560000 $ 94.40
0171071090000 $ 407.28
0301151660000 $ 476.35
0167511260000 $ 14,822.78
Total All Parcels $ 25,978.50
Count 32
Redlands Regular Meeting of 07-19-22 557 of 974
June 30, 2022

CUSTOMER NAME

CUSTOMER ADDRESS

CITY, STATE ZIP
RE: APN # 0000000000000
PREMISE ADDRESS: #### W SAN BERNARDINO AVE
DELINQUENT BALANCE AS OF THIS NOTICE: $XXX.XX

NOTICE OF PUBLIC HEARING
This notice is to inform you that on Tuesday, July 19, 2022, at 6:00 p.m. in the City of Redlands Council Chambers located at 35 Cajon St., Suite 2, Redlands, California, the Redlands City Council will hold a public hearing to consider the submittal of a report to the Auditor of San Bernardino County for recordation of a Special Assessment on the 2022-2023 tax roll against your property resulting from non-payment of a City of Redlands municipal services account.

As the property owner of record, you have the opportunity to present to the City Council comments and/or testimony regarding this matter.

To prevent this impending lien action, please remit your past due balance in full no later than Monday, August 22, 2022.

Please be informed that if the assessment is imposed on your property, the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of a property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

For questions regarding this matter, please contact Cindy Tryon, Utility Customer Service Supervisor, at (909) 798-7678 Ext. 1.

Sincerely,
Danielle Garcia
Management Services/Finance Director
Redlands Regular Meeting of 07-19-22 558 of 974
City Council Meeting K. 2.

DATE: 07/19/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Ordinance No. 2933 (Development Agreement No. 25) – A request for City Council approval of Development Agreement No. 25 for the "State Street Village" mixed use development project located at 101 Redlands Mall
(Mayor to declare meeting open as a public hearing)
PUBLIC HEARING to consider Ordinance No. 2933
(Development Agreement No. 25) – A request for City Council approval of Development Agreement No. 25 for the "State Street Village" mixed use development project located at 101 Redlands Mall (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08-0000, 0171-251-09-0000, 0171-251-10-0000)
and the southeast corner of West Citrus Avenue and Eureka Street (APNs: 0171-251-06-0000, 0171-251-07-0000,
0171-251-08-0000, 0171-251-09-0000, 0171-251-10-0000) in the C-3, General Commercial zoning district. The proposal previously underwent environmental review in accordance with the California Environmental Quality Act and the City Council adopted the environmental document on May 10,
2022 (Development Services Director Desatnik)
A.

PROCEDURE FOR PUBLIC HEARING:

1. Mayor declares the meeting open as a public hearing.

2. Mayor calls upon Department Director for report.

3. Mayor calls for questions/comments from members of the City Council.

Mayor calls for comments/questions/testimony from members of the public (3 minutes per speaker).

4. 5. Mayor calls upon City Clerk to note any written comments received.

6. Mayor closes the public hearing.

7. City Council considers the motion and votes.

Redlands Regular Meeting of 07-19-22 559 of 974
MOTION(S):

If the City Council deems it appropriate, staff recommends the following motion.

Mayor requests the City Clerk to read the title of Ordinance No. 2933; I move to waive further reading of Ordinance No. 2933 and to introduce Ordinance No. 2933 for the approval of Development Agreement No. 25 for the State Street Village mixed use project.

RECOMMENDATION:

On June 14, 2022, the Planning Commission held a public hearing and reviewed the proposal. The Commission discussed the purpose of the proposed term of the Development Agreement (15 years), when construction was expected to begin, phasing of the project, and the status of the one remaining tenant (CVS Pharmacy). The Commission voted 7 to 0 recommending that the City Council approve Development Agreement No. 25 for the State Street Village mixed use development project.

DISCUSSION:

A) Background

On May 10, 2022, the City Council unanimously approved various entitlements for the “State Street Village” mixed use development project for redevelopment of the Redlands Mall site (see Attachment B – Site Plan, and Attachment C – Approval Resolutions). The mixed use project will include residential and commercial uses within five new multi-tenant buildings, to include the following:

Construct five mixed-use buildings up to four (4) stories high; Construct 700 multifamily dwelling units (apartments and condominiums); Construct up to 71,778 square-feet of commercial floor area on ground floors to include retail and restaurant uses, as well as a rooftop restaurant; Construct up to 12,328 square-feet of office space on upper floors; Construct an approximately 6,000 square-foot recreational amenity building including pool, and other private courtyards for residents; Pedestrian central plaza totaling approximately 22,742 square-feet; Construct a five-level above-ground parking structure within Building 2, and two subterranean parking garages under Buildings 1, 3, 4-A, and 4-B; Construct public and private open space areas to include landscaping, shade trees, street trees, and pedestrian improvements; and Construct related site improvements to include sidewalks, driveways, landscape, lighting and street lights, storm drains, flood prevention Redlands Regular Meeting of 07-19-22 560 of 974
landscape, lighting and street lights, storm drains, flood prevention features, and public and private utility connections.

In addition, one new single-tenant retail building totaling 14,500 square-feet (with one drive-through window for a pharmacy) and a new surface parking lot with 61 spaces would be constructed on the south side of West Citrus Avenue between Eureka and Fourth Streets.

On May 10, 2022, the City Council also adopted an Initial Study and Sustainable Communities Environmental Assessment document for the project, in accordance with all applicable requirements of the California Environmental Quality Act.

B) California Government Code

In the enabling legislation for Development Agreements, found in California Government Code section 65864 et.seq., the Legislature found and declared that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.

C) Redlands Municipal Code

The proposed Development Agreement is a legislative act and must be enacted by ordinance after a public hearing before the City Council. Before the City Council may approve a development agreement, it must find that its provisions are consistent with the General Plan.

Development agreements may specify development standards that are unique or more restrictive than the city’s normal development standards, or otherwise vary from the city’s normal development standards and improvement requirements that would be applicable to development projects. RMC section

18.220.240 states the effect of a development agreement on an approved project:
“When approved, a development agreement and any development control maps and all notations, references and regulations which are a part of the development agreement shall be considered part of this code. Development control maps include, but are not limited to, regulations intended to carry out any plan respecting location or type of activities; height, bulk, siding or design of Redlands Regular Meeting of 07-19-22 561 of 974
plan respecting location or type of activities; height, bulk, siding or design of structures; location or design of open areas; and landscaping and other comparable regulations. In the case of any conflict with any other provisions of this code, such development agreement provisions shall take precedence.

Unless otherwise provided by the development agreement, the city's rules, regulations and official policies governing permitted uses of the land, density and design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement shall be those city rules, regulations and official policies in force at the time of the approval of the development agreement by the city council.” To approve a Development Agreement, six findings must be made as required by RMC Chapter 18.220 (Development Agreements) in Section 18.220.100. The proposed findings for approval are included in the attached Resolution.

D) Proposed Development Agreement

As currently proposed, the key provisions of the Development Agreement include the following terms and conditions.

Requires Developer to begin construction within five (5) years of the approval date.

Total term of fifteen (15) years, which secures the approval and right to build the approved project for longer than the typical two years (plus an additional three years with extensions) for development project entitlements. The term of 15 years aligns with the long-term lease currently held by CVS Pharmacy (the sole remaining tenant within the Mall site).

Re-establishing State Street and Third Street through the project site resembling the historic grid street pattern that existed prior to Mall construction.

Provides limited public easements over the public plaza area and pedestrian paseos, for purposes of travel through and use in such areas.

City will issue permits for up to 24 events each year to be held within the public plaza area of the project.

Allows City to utilize the public plaza area for up to 12 days in any calendar year for any public or private events, if not in conflict with any other previously-scheduled private events by the property owner.

The current categories of Development Impact Fees (DIF) presently in effect will be applicable to the proposed project, and no new categories would be applicable (should any new categories of Development Impact Fees be created in the future).

Allows for the fee amounts of Development Impact Fees (DIF) to increase over time, as is the current practice (i.e., City Council updates the fees from time to time).

Allow for Development Impact Fees (DIF) credits based on the amount of existing structure floor area to be demolished.

Requires unbundling of parking from residential units (i.e., separate rental Redlands Regular Meeting of 07-19-22 562 of 974
Requires unbundling of parking from residential units (i.e., separate rental fees for parking and living space) to encourage reduction of motor vehicle trips.

Locks the land use and zoning regulations currently in effect to be applicable to the proposed project, and assures that future adoption of the Transit Villages Specific Plan will be applicable to the project site (e.g., types of permitted uses).

E) General Plan
The project site is within the ‘Commercial’ land use category of the General Plan. A primary strategy of the 2035 General Plan is to encourage more transit-oriented development in close proximity to the three train stations in the core areas of Redlands, rather than continuing the pattern of subdivisions and sprawling development around the periphery of the city. This strategy is referred to as the “Transit Village Concept” in Chapter 4, Livable Community. The Transit Village Concept emphasizes mixing of land uses (such as residential with retail, restaurant, office, and similar commercial uses) and higher density/intensity of uses around the train stations for the intended purposes of supporting transit use, enhancing walkability and pedestrian orientation around the station areas, and discouraging use of automobiles within the pedestrian-friendly station areas and downtown.

The concept for the State Street Village project, that of a mixed use project with pedestrian-friendly design, is consistent with many Policies and Actions contained in the 2035 General Plan which envisions compact and infill development around the three train stations in Redlands. See Attachment D for a list of applicable General Plan policies. Several key policies are listed below, all of which will be implemented by the proposed Development Agreement. 2-P.25: Encourage a variety of uses and activities, such as a mix of commercial, office, restaurant, specialty retail, and residential uses, and civic, cultural, and entertainment activities to attract visitors and residents from across the community by creating a lively, interesting social environment. 2-A.96: Promote redevelopment of the Redlands Mall with a vibrant mix of uses.

Explore feasibility of re-extending the traditional street grid through the new development.
2-A.97: Seek an increased presence of both residents and activity in Downtown with new development – particularly residential as part of mixed-use development – as well as commercial, entertainment, and cultural uses that serve both residents and visitors.
2-A.98: Promote a variety of housing types to attract a spectrum of households to live Downtown.

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3-A.10: Encourage mixed-use projects within the Transit Villages that will attract a wide array of uses including retail, restaurant, entertainment, office, residential, and cultural offerings.
3-A.36: Support revitalization of underutilized commercial space throughout Downtown, including the Redlands Mall, which could create new opportunities for businesses and residents, and provide a critical link to rail. 3-A.39: Encourage and support the development of additional housing Downtown to increase the vitality and diversity of Downtown retail and services. 4-P.9: Locate medium- and high-density development near regional access routes, transit stations, employment centers, shopping areas, and public services.
4-P.13: Encourage mixed-use development (two or more uses within the same building or in close proximity on the same site) in Downtown, the Transit Villages, and along Redlands Boulevard to promote vibrancy. 4-A.12: Support new residential development in Downtown, the Transit Villages, and other focused infill sites accessible to transit and in central parts of the community.
4-A.87: Promote clusters of mixed-use development along Redlands Boulevard near the Mixed Use Cores of the proposed Transit Villages, providing opportunities for commercial, office, and residential development consistent with the needs and characteristics specific to each Transit Village. 4-P.42: Provide for new jobs, housing, and entertainment opportunities in compact, walkable environments.
7-A.73: Improve the sense of safety within Downtown, including the Redlands Mall area.

F) Zoning
The project site is within the General Commercial (C-3) zoning district. The State Street Village project will be consistent with the applicable land uses and development standards for the C-3 zone, as explained in the prior staff report prepared for the project. Please refer to the Planning Commission staff report of April 12, 2022 (click here) for detailed discussion and analysis describing how the mixed use development project complies with the zoning standards.

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G) Environmental Review

The proposed Development Agreement was previously reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA). An Initial Study was previously prepared and circulated in conjunction with the State Street Village development project as required by CEQA, and the City Council previously adopted and certified a Sustainable Communities Environmental Assessment for the project on May 10, 2022 (which included Development Agreement No. 25 in the project description). Therefore, no further environmental review is required for the Development Agreement.

ALTERNATIVES:

The City Council can continue the proposal and direct staff to address any further issues.

STRATEGIC PLAN:

The proposal is consistent with Priority A, Quality of Life, and goal for Economic Vitality, “Encourage redevelopment efforts in the transit corridor (i.e., University Village and mall site).”
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Brian Foote, City Planner/Planning Manager
Fiscal Impact
Fiscal Year: 21-22
Appropriation Required Y/N: No
Discussion:

There is no fiscal impact associated with the review of Development Agreement No. 25. The applicant paid the applicable filing fee for the Legislative Project Application Form.

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Attachments
Attachment A: Location Map & Aerial Photo
Attachment B: Approved Site Plan
Attachment C-1: City Council Resolution No. 8339
Attachment C-2: City Council Resolution No. 8340
Attachment D: Table of General Plan Policies
Attachment E: Public Comments
Attachment F: Ordinance No. 2933
Attachment G-1: Development Agreement
Attachment G-2: Development Impact Fee Schedule
Redlands Regular Meeting of 07-19-22 566 of 974

ORANGE ST
E OLIVE AVE N 6TH ST

N CHURCH ST
S C
HU
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C
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S
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W CITRUS AVE

S CENTER ST

CAJON ST
N

CENTER ST TEXAS ST

BROOKSIDE AVE

W COLTON AVE

W REDLANDS BLVD

E REDLANDS BLVD

E CITRUS AVE
1ST ST

RUIZ ST

DALE LN
N 5TH ST
8TH ST

E UNION AVE

E SUN AVE
10TH ST

E STATE ST

CENTE R PL
S 6TH ST
3RD ST

E VINE ST

HIBISCUS DR
7TH ST
9TH ST

E CLARK ST

SYLVAN BLVD

W HOME PL

W VINE ST

CARRIE LN

LILAC CT

W CLARK ST

DIVISION ST

OXFORD DR

CALHOUN ST

COLUMBIA ST

LOMBARD DR

BERKELEY DR

WEBSTER ST

OHIO ST

CLAY ST

ALTA ST

HERALD ST

TRIBUNE ST
11TH ST

STILLMAN AVE

PINE AVE

MELBURY PL

POST ST

SHOPPERS LN

W PEARL AVE

WSUN A VE

LAWTON ST
E 10 FRWY
K
E

N DALL ST

N EUREKA ST

E STUART AVE

E HOME PL

ROMA ST

S ASH ST

LA PALOMA ST

PARKWOOD
DR

LA VERNE ST

ALVARADO ST

CAMPUS AVE

COLLEGE AVE

S MICHIGAN ST

S BUENA VISTA ST

MYRTLE ST

SONORA ST

NORDINA ST

E HIGH AVE

GRANT ST

W PARK AVE

PAL MB R OOK
DR
S 4TH ST

N MICHIGAN ST

LINDA PL

W STATE ST

NORWOOD ST
W 10 TO 210 FRWY

S EUREKA ST
E 210 TO 10 FRWY

CENTRAL AVE
W 10 FRWY

W STUART AVE

N BUENA VISTA ST

NEW YORK ST

SAN GORGONIO DR
E 10 FRWY

THE TERRACE

ORIENTAL AVE
Location Map
OneStop.mxd
0 490 980
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

September 14, 2021
.

Redlands Regular Meeting of 07-19-22 567 of 974

ORANGE ST
N 6TH ST

E REDLANDS BLVD

E CITRUS AVE

CAJON ST

BROOKSIDE AVE

W REDLANDS BLVD

W CITRUS AVE

W CITRUS AVE
S 5TH ST

KENDALL ST
1ST ST
3RD ST

GRANT ST
N 5TH ST
S
4 T
H
ST

S EUREKA ST

E STATE ST
S
6 T
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ST

W STATE ST

E VINE ST

ORIENTAL AVE

W VINE ST
N

EUREKA ST
Aerial Photo
OneStop.mxd
0 125 250
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

September 14, 2021
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PROJECT SITE

PROJECT SITE
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1 2
3 4
5 6
7 8
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21 2223
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C
38 52
4141

45.68 47.84 50

9.44 45.52 47.68 49.84

43.52 43.36

41.36 41.2

39.6 DN

GATE AND KNOX BOXLOCATION
8'-11"
3'-2"
10,229 SF

COURTYARD
9,568 SF
PASEO
8,185 SF

COURTYARD
PLAZA

GARDEN WALK
7,492 SF

COURTYARD
4201 SF

COURTYARD

POOL DECK &

RECREATION AREA
POOL

PARKING
ENTRY

PARKING
ENTRY
BUILDING 2
LOT 2
BUILDING 4A
(LOT 3)
BUILDING 4B
(LOT 5)
BUILDING 1
(LOT 1)
BUILDING 3
LOT 6
BUILDING 5
(LOT 8)

PARKING
ACCESS
8'-11"
2'-11" 4' PROPOSED PUBLIC R/W DEDICATION
7' PROPOSED PUBLIC R/W DEDICATION
34'-0" 34'-0"
60'-0"
4' PROPOSED PUBLIC R/W DEDICATION
BUILDING 1
(LOT 1)
2'-8"
7'-0"
13'-1"
3'-1"
9'-0"
9'-0"
3'-3"
30'-0"
8'-11"
10'-2"
8'-1"
7' PROPOSED PUBLIC R/W DEDICATION
4'-7"
+1341
+1353
+1340
+1340
+1353
+1353
+1354.7 +1357
+1355
+1348
+1353
+1353
+1351.5 +1356
+1347'-6"

PARKING
ENTRY
+1355
+1348
+1353
+1355+1356+1356
+1357
+1355 +1355
+1348

LOADING LOADING

LOADING LOADING
SEE A-1.02 FOR ADDITIONALSITE DETAIL
3'-0"
92'-0"

PARKING
ACCESS

DRIVE-THRU
ENTRY

PARKING
ACCESS
28'-11" 8'-2" 28'-11"
34'-1" 15'-11"
165'-10"
7'-0"
4'-0"
3'-0"
30'-0"51'-6"
78'-6"
120'-9"
58'-6"
118'-9"
EUREKA ST.
4TH ST.

W. CITRUS AVE.

EUREKA ST.

THIRD ST.
2'-7"
15'-0"
W. REDLANDS BLVD.

ORANGE ST.

STATE ST.
"LOADING SPACE" OR "LOADING ZONE" MEANS THE SPACE ADJACENT TO A CURB OR EDGE OF A ROADWAY RESERVED FOR THE EXCLUSIVE USE OF VEHICLES DURING THE LOADING OR UNLOADING OF PASSENGERS OR MATERIALS (PER TVSP 4.12.C-4)LOADING ZONE REQUIREMENTS PER TABLE 18.164.340:1 = 3,000 - 15,000 SF COMMERCIAL AREA2 = 15,001- 45,000 SF COMMERCIAL AREALOADING SPACESFAR SUMMARY

ARCHITECTURAL SITE PLAN LEGEND
PLANTING AREAS (SEE L-SERIES FOR DETAILS)TYPICAL LOADING ZONE10' W X 20' L X 14' HRESIDENTIAL ENTRYRETAIL / COMMERCIAL ENTRYPARKING ENTRY SEATTLE / Pier 56, 1201 Alaskan Way, #200 Seattle, WA 98101 / 206.623.3344SAN FRANCISCO / 660 Market Street, #300San Francisco, CA 94104 / 415.956.0688LOS ANGELES / 5837 Adams BlvdCulver City, CA 90232 / 323.937.2150mithun.com ®

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ARCHITECTURAL SITEPLAN
CONDITIONAL USE PERMIT NO. 1155 & 1156COMMISSION REVIEW & APPROVALS 933 & 934 STATE STREET VILLAGERedlands, CA
1 1" = 40'-0" ARCHITECTURAL SITE PLAN
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1 L:\ca\Reso\8339 Village Partners CUP No. 1155 and CRA No. 933.docx RESOLUTION NO. 8339

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO. 1155 AND APPROVING COMMISSION REVIEW AND APPROVAL NO. 933, FOR THE REDLANDS

MALL SITE AND THE SOUTHEAST CORNER OF EUREKA STREET AND WEST CITRUS AVENUE.

WHEREAS, Village Partners Ventures, LLC (“Applicant”) has submitted development applications for Conditional Use Permit No. 1155 and Commission Review and Approval No. 933 to construct a mixed use project with 700 dwelling units and a total of 84,106 square-feet of commercial floor area on approximately 11.15 acres located at the southwest corner of Orange Street and Redlands Boulevard (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08- 0000, 0171-251-09-0000, 0171-251-10-0000); and
WHEREAS, the Applicant has submitted development applications for Conditional Use Permit No. 1156 and Commission Review and Approval No. 934 to construct a 14,500 squarefoot retail building with drive-through pharmacy window located at the southeast corner of West Citrus Avenue and Eureka Street (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08- 0000, 0171-251-09-0000, 0171-251-10-0000); and
WHEREAS, the Applicant has submitted an application for Tentative Tract Map No. 20425 to merge and subdivide a total of approximately 12.25 acres for development purposes, plus condominium airspace units; and
WHEREAS, the above-referenced applications filed with the City of Redlands are referred to hereinafter as the “Project” and “Project Entitlements;” and WHEREAS, the Planning Commission has reviewed the Project, and found the Project to be consistent with the 2035 General Plan including the central organizing strategy of the “Transit Village Concept” to permit the development of high-density residential and non-residential users within walking distance of Metrolink stations to reduce vehicular usage, improve air quality and provide health benefits, and provide economic development opportunities; and WHEREAS, the Planning Commission has reviewed the Project, found the Project to be consistent with the City’s 2021-2029 Housing Element, and that the proposed mixed use Project will provide up to 700 dwelling units that will result in more housing opportunities in Redlands; and
WHEREAS, the proposed land uses are conditionally permitted in the C-3, General Commercial zoning district (subject to approval of a Conditional Use Permit) wherein the Project site is located; and
WHEREAS, redevelopment of the vacant Redlands Mall properties will result in up to approximately 84,106 square-feet of new retail, commercial, restaurant, and office uses in the core of Downtown Redlands, will generate new property taxes and sales taxes for the City, will result in new business license fees and other fees for the City’s General Fund, and will provide and encourage other economic development benefits for the larger community; and Redlands Regular Meeting of 07-19-22 570 of 974
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1 L:\ca\Reso\8340 Village Partners CUP No. 1156 and CRA No. 934.docx RESOLUTION NO. 8340

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO. 1156 AND APPROVING COMMISSION REVIEW AND APPROVAL NO. 934, FOR THE REDLANDS

MALL SITE AND THE SOUTHEAST CORNER OF EUREKA STREET AND WEST CITRUS AVENUE.

WHEREAS, Village Partners Ventures, LLC (“Applicant”) has submitted development applications for Conditional Use Permit No. 1155 and Commission Review and Approval No. 933 to construct a mixed use project with 700 dwelling units and a total of 84,106 square-feet of commercial floor area on approximately 11.15 acres located at the southwest corner of Orange Street and Redlands Boulevard (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08- 0000, 0171-251-09-0000, 0171-251-10-0000); and
WHEREAS, the Applicant has submitted development applications for Conditional Use Permit No. 1156 and Commission Review and Approval No. 934 to construct a 14,500 squarefoot retail building with drive-through pharmacy window located at the southeast corner of West Citrus Avenue and Eureka Street (APNs: 0171-251-06-0000, 0171-251-07-0000, 0171-251-08- 0000, 0171-251-09-0000, 0171-251-10-0000); and
WHEREAS, the Applicant has submitted an application for Tentative Tract Map No. 20425 to merge and subdivide a total of approximately 12.25 acres for development purposes, plus condominium airspace units; and
WHEREAS, the above-referenced applications filed with the City are referred to hereinafter as the “Project” and “Project Entitlements;” and WHEREAS, the Planning Commission has reviewed the Project, and found the Project to be consistent with the 2035 General Plan including the central organizing strategy of the “Transit Village Concept” to permit the development of high-density residential and non-residential users within walking distance of Metrolink stations to reduce vehicular usage, improve air quality and provide health benefits, and provide economic development opportunities; and WHEREAS, the Planning Commission has reviewed the Project, found the Project to be consistent with the City’s 2021-2029 Housing Element, and the proposed mixed use project will provide up to 700 dwelling units that will result in more housing opportunities in Redlands; and WHEREAS, the proposed land uses are conditionally permitted in the C-3, General Commercial zoning district (subject to approval of a Conditional Use Permit) wherein the Project site is located; and
WHEREAS, redevelopment of the vacant Redlands Mall properties will result in up to approximately 84,106 square-feet of new retail, commercial, restaurant, and office uses in the core of Downtown Redlands, will generate new property taxes and sales taxes for the City, will result in new business license fees and other fees for the City’s General Fund, and will provide and encourage other economic development benefits for the larger community; and Redlands Regular Meeting of 07-19-22 626 of 974
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CONSISTENCY WITH 2035 GENERAL PLAN

GENERAL PLAN POLICY PROPOSED
DEV. AGREEMENT
Chapter 2: Distinctive City
2-A.8: Insist on high-quality development and revitalization in older neighborhoods, such as the Orange Street and Colton Avenue commercial corridors, that is sensitive to historic architecture, and provides a broad range of retail, restaurants, professional services, and offices that meet the community’s needs. Build a sense of community in these commercial areas.

Consistent
2-P.11: Encourage retention of the character of existing historic structures and urban design elements that define the built environment of the city’s older neighborhoods.

Consistent
2-A.49: Encourage compatibility of new land uses and new construction adjacent to historical buildings. Encourage construction that is physically and aesthetically complementary to the historic buildings in architectural features and relationship to adjoining structures.

Consistent
2-A.51: Encourage new construction that ties the new with the old in a harmonious fashion, enhancing the historic pattern.

Consistent
2-P.25: Encourage a variety of uses and activities, such as a mix of commercial, office, restaurant, specialty retail, and residential uses, and civic, cultural, and entertainment activities to attract visitors and residents from across the community by creating a lively, interesting social environment.

Consistent
2-P.26: Foster transit-oriented development that is
consistent/compatible with and sensitive to the historical structures in the vicinity of the proposed railway station.

Consistent
2-P.27: Conserve Downtown’s character and historic assets while infusing it with new uses, buildings, and activities. New development should proportionately relate to and complement existing structures and the pedestrian environment.

Consistent
2-A.96: Promote redevelopment of the Redlands Mall with a vibrant mix of uses. Explore feasibility of re-extending the traditional street grid through the new development.

Consistent
2-A.97: Seek an increased presence of both residents and activity in Downtown with new development – particularly residential as part of mixed-use development – as well as commercial, entertainment, and cultural uses that serve both residents and visitors.

Consistent
2-A.98: Promote a variety of housing types to attract a spectrum of households to live Downtown.

Consistent
2-A.99: Ensure that new development along Redlands Boulevard is pedestrian-oriented.

Consistent
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GENERAL PLAN POLICY PROPOSED
DEV. AGREEMENT
Chapter 3: Prosperous Economy
3-A.5: Promote revitalization and rehabilitation of older commercial and industrial areas to make them more competitive, accessible, aesthetically appealing, and economically viable.

Consistent
3-A.10: Encourage mixed-use projects within the Transit Villages that will attract a wide array of uses including retail, restaurant, entertainment, office, residential, and cultural offerings.

Consistent
3-P.16: Strengthen Downtown as a center of commerce and culture, with attractions for local residents, workers, and regional visitors year-round.

Consistent
3-A.36: Support revitalization of underutilized commercial space throughout Downtown, including the Redlands Mall, which could create new opportunities for businesses and residents, and provide a critical link to rail.

Consistent
3-A.39: Encourage and support the development of additional housing Downtown to increase the vitality and diversity of Downtown retail and services.

Consistent
3-A.40: Enhance and expand the public spaces Downtown
(streetscapes, plazas, parks) to improve the pedestrian experience.

Consistent
Chapter 4: Livable Community
4-P.3: Focus new development in infill areas in order to preserve open space, agriculture, and citrus groves, particularly around the edges of the city.

Consistent
4-P.9: Locate medium- and high-density development near regional access routes, transit stations, employment centers, shopping areas, and public services.

Consistent
4-P.13: Encourage mixed-use development (two or more uses within the same building or in close proximity on the same site) in Downtown, the Transit Villages, and along Redlands Boulevard to promote vibrancy.

Consistent
4-P.16: Promote a variety of housing types to serve the diverse needs of the community.

Consistent
4-A.7: Promote a range of residential densities to encourage a mix of housing types in varying price ranges and rental rates.

Consistent
4-A.12: Support new residential development in Downtown, the Transit Villages, and other focused infill sites accessible to transit and in central parts of the community.

Consistent
4-A.18: Focus the development of office space in transit-accessible locations.

Consistent
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GENERAL PLAN POLICY PROPOSED
DEV. AGREEMENT
4-A.8: Promote the development of a greater variety of housing types, including single-family homes on small lots, accessory dwelling units, townhomes, lofts, live-work spaces, and senior and student housing to meet the needs of future demographics and changing family sizes.

Consistent
4-P.39: Promote infill and mixed-use development along Redlands Boulevard to create a cohesive commercial corridor connecting the Transit Villages and providing a retail and service destination for community members.

Consistent
4-A.87: Promote clusters of mixed-use development along Redlands Boulevard near the Mixed Use Cores of the proposed Transit Villages, providing opportunities for commercial, office, and residential development consistent with the needs and
characteristics specific to each Transit Village.

Consistent
4-P.41: Foster a connected, accessible, and active community by creating attractively designed pedestrian- and transit-oriented villages with a mix of uses in a compact area.

Consistent
4-P.42: Provide for new jobs, housing, and entertainment opportunities in compact, walkable environments.

Consistent
4-P.48: Provide development and infill opportunities as alternatives to building at the edges of the city.

Consistent
Chapter 5: Connected City
5-P.10: Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the layered network.

Consistent
5-A.5: As part of street redesigns, plan for the needs of different modes – such as shade for pedestrians, lighting at pedestrian scale, mode-appropriate signage, transit amenities, etc.

Consistent
5-A.7: Add new streets to create a finer-grained, pedestrian-scaled road network where the roadway network is characterized by particularly long blocks, connecting residential areas to parks and Transit Village cores. Ensure the street systems in Transit Villages support development of connected and accessible communities.

Consistent
5-A.22: Include amenities such as shade trees, transit shelters and other transit amenities, benches, trash and recycling receptacles, bollards, public art, and directional signage that can enhance the pedestrian experience.

Consistent
5-P.26: Improve public transit as a viable form of transportation in Redlands.

Consistent
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GENERAL PLAN POLICY PROPOSED
DEV. AGREEMENT
5-P.27: Support passenger rail as an alternative mode of regional transit.

Consistent
5-A.59: Work with Omnitrans to plan for bus shelters, boarding areas, transfer centers, bus pads in the right-of-way, and bus turnouts.

Consistent
5-A.60: Incorporate real-time information systems so that passengers will know when their bus or train is expected to arrive.

Consistent
5-A.68: Provide for direct pedestrian paths and access from new developments to the nearest public transportation stop.

Consistent
5-A.74: Design parking to meet applicable urban design goals from area plans and minimize negative impacts on pedestrians, bicyclists, and transit users.

Consistent
5-A.75: Consider techniques to reduce the amount of area in the Transit Villages occupied by parking, especially for developments located within easy walking distance of the Passenger Rail stations.

Techniques may include reduced parking requirements, unbundled parking, and others as appropriate.

Consistent
5-A.77: Encourage developers to meet their minimum parking requirements via shared parking between uses, payment of in-lieu fees, joint parking districts, or off-site parking within a reasonable walking time of 10 minutes or less.

Consistent
Chapter 7: Healthy Community
7-P.17: Achieve more walkable, livable neighborhoods by expanding the multi-modal transportation system and creating a safe, pedestrian-oriented environment.

Consistent
7-A.36: Discourage street closures; encourage creating new connections.

Consistent
7-A.46: Encourage the provision of bike lockers, bike-sharing, and other methods of supporting active transportation that can contribute to healthy lifestyles.

Consistent
7-P.22: Create complete neighborhoods with access to a range of day-to-day goods and services within walking distance of residences, including medical facilities, community services, youth programs, and employment opportunities, to increase the sense of social cohesion among residents.

Consistent
7-A.73: Improve the sense of safety within Downtown, including the Redlands Mall area.

Consistent
Redlands Regular Meeting of 07-19-22 675 of 974
From: [email protected]
To: Planning Commission
Subject: Form submission from: Planning Commission Comments Form Date: Tuesday, June 14, 2022 1:08:38 PM
06/14/2022 - 1:08pm City of Redlands »

PLANNING COMMISSION COMMENTS
Planning Commission Date:

June 14, 2022
Agenda Item Number:
5 A State Street Village
Speaker Name:

Richard O’Donnell
Address (Optional):

Subject on which the person wishes to speak:

Against
Briefly describe what you would like to say (Max 250 Words):

The proposed development agreement is very favorable to the developer, not so much for the people of Redlands.

The ‘unbundling’ of the resident parking within the project is allegedly intended to reduce vehicle trips. That makes the project sound very green, but no doubt it is about the folding variety. It might improve that crop for the developer. But some residents of State Street Village will certainly look to avoid paying an up charge for parking. This will fill the streets of the surrounding neighborhoods with cars avoiding the fee.

Complications will follow.

Also, even though approval on this item is being rushed through, it appears that nothing will be done for years. So how about throwing a bone to the citizens. At least show that you have their interests at heart by getting a written commitment to leaving the mall parking lot open for free parking until substantial and meaningful construction begins.

We could all be residing in Hillside by the time that happens, so we won’t have to look at the travesty that is being made of downtown.

Redlands Regular Meeting of 07-19-22 676 of 974
Email to receive a copy of your submission:

You are receiving this e-mail because you signed up at our website: City of Redlands. If you did not sign up, or you are receiving this message in error, please contact us so we can promptly resolve the problem.

Redlands Regular Meeting of 07-19-22 677 of 974
ORDINANCE NO. 2933

AN ORDINANCE OF THE CITY OF REDLANDS APPROVING A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDLANDS AND

VILLAGE PARTNERS VENTURES, LLC (VPV STATE STREET VILLAGE,

LLC), REGARDING THE STATE STREET VILLAGE PROJECT
(ASSESSOR’S PARCEL NUMBERS 0171-053-01-0000, 0171-053-02-0000, 0171-053-03-0000, 0171-053-04-0000, 0171-053-05-0000, 0171-053-06-0000, 0171-251-06-0000, 0171-251-07-0000, 0171-251-08-0000, 0171-251-09-0000, 0171-251-10-0000) PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ.

WHEREAS, the City of Redlands (“City”) has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, pursuant to California Government Code Sections 65864 et seq., the City of Redlands is authorized to enter into development agreements providing for the development of land under terms and conditions set forth therein; and
WHEREAS, Chapter 18.220 of the Redlands Municipal Code sets forth the procedures for the approval of development agreements described in California Government Code Sections 65864 et seq.; and
WHEREAS, Village Partners Ventures, LLC aka VPV State Street Village, LLC, 4340 Von Karman Avenue, Suite 110, Newport Beach, CA 92660 (the “Applicant” and “Developer”), has filed development applications and requested approval of Development Agreement No. 25 related to General Plan Amendment No. 142, Conditional Use Permit Nos. 1155 and 1156, Commission Review & Approval Nos. 933 and 934, and Vesting Tentative Tract Map No. 20425 (the “Project”); and
WHEREAS, Applicant is the owner of the real property generally located on the south side of West Redlands Boulevard, west side of Orange Street, north side of West Citrus Avenue, and east side of Eureka Street (Assessor Parcel Numbers 0171-053-01-0000, 0171-053-02-0000, 0171-053-03-0000, 0171-053-04-0000, and 0171-053-05-0000, 0171-053-06-0000) and on the south side of West Citrus Avenue between Eureka Street and South Fourth Street (Assessor Parcel Numbers 0171-251-06-0000, 0171-251-07-0000, 0171-251-08-0000, 0171-251-09-0000, and 0171-251-10-0000) (the “Property”); and
WHEREAS, on May 10, 2022, the City Council unanimously adopted Resolution Nos. 8339 and 8340 approving the mixed use development Project for the phased development of:

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• Five 3- to 4-story mixed-use buildings consisting of:
o 700 multifamily dwelling units;
o 71,778 square feet of ground-floor retail;
o 12,328 square feet of office space;
o On-site parking garages to serve the project;
o Amenity areas and private open space areas;
o A community building with amenities for residents;
o A 1,721 square foot rooftop restaurant space with a rooftop deck; o Plaza area for public open space; and,
• One 14,500 square foot single-story retail building for a drugstore with drivethrough lane and surface parking lot; and WHEREAS, on May 10, 2022, the City Council unanimously adopted Resolution No. 8338 approving General Plan Amendment No. 142 for the Project; and WHEREAS, on May 10, 2022, the City Council unanimously adopted Resolution No. 8341 approving Vesting Tentative Tract Map No. 20425 for the Project; and WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State California Environmental Quality Act (“CEQA”) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Redlands is the lead agency for the proposed Project; and WHEREAS, consistent with CEQA (Pub. Resources Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City prepared a Draft Sustainable Communities Environmental Assessment (“Draft SCEA”) and circulated that Draft SCEA for public review and comment for a period of thirty (30) days beginning on November 5, 2021, and ending on December 6, 2021; and
WHEREAS, consistent with CEQA and the State CEQA Guidelines, the City prepared a Final Sustainable Communities Environmental Assessment (“Final SCEA”), consisting of the Draft SCEA, all technical appendices prepared in support of the Draft SCEA, all comment letters received on the Draft SCEA, written responses to all comment letters received on the Draft SCEA, and errata to the Draft SCEA and technical appendices; and WHEREAS, the Sustainable Communities Environmental Assessment consists of the Final SCEA and its attachments and appendices, as well as the Draft SCEA and its attachments and appendices (as modified by the Final SCEA); and
WHEREAS, the City Council adopted Resolution No. 8337 on May 10, 2022, whereby the Sustainable Communities Environmental Assessment (SCEA), Environmental Findings of Fact, and Mitigation Monitoring and Reporting Program were adopted for the Project including Development Agreement No. 25; and
WHEREAS, because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Developer has proposed to enter into a development agreement concerning the Project (“Development Agreement”) to provide Redlands Regular Meeting of 07-19-22 679 of 974
assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project; and
WHEREAS, the City desires the timely, efficient, orderly and proper development of the Project in furtherance of the goals of the General Plan; and WHEREAS, the City Council has found that this Development Agreement is consistent with the City's General Plan; and
WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; (ii) significant benefits will be created for City residents and the public generally from increased employment and the public gathering opportunities created by the Project; and
WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to conditions and requirements set forth therein; and
WHEREAS, the City of Redlands Planning Commission held a public hearing at the City Council Chambers on June 14, 2022, at a regularly scheduled meeting, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Redlands Municipal Code, heard and considered evidence for and against the proposed Development Agreement No. 25, and investigated and made findings and recommendations in conjunction therewith; and
WHEREAS, on July 8, 2022, a Notice of Public Hearing was published in a newspaper of general circulation within the City of Redlands and was mailed to all interested parties, as well as property owners within a 300-foot radius, in accordance with the Government Code and Redlands Municipal Code as required by law; and
WHEREAS, the City of Redlands City Council held a public hearing at the City Council Chambers on July 19, 2022, at a regularly scheduled meeting, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Government Code and Redlands Municipal Code, heard and considered evidence for and against the proposed Development Agreement No. 25, and investigated and made findings in conjunction therewith that the proposed Project is fair, just, and reasonable and consistent with the General Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby finds that the foregoing recitals are true and correct and are hereby incorporated herein by this reference.

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Section 2. Pursuant to Resolution No. 8337, the City Council has adopted Environmental Findings of Fact, a Mitigation Monitoring and Reporting Program, and adopted the Sustainable Communities Environmental Assessment (SCEA) prepared for the Project and Development Agreement No. 25.

Section 3. Pursuant to California Government Code Section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the density and intensity of use allowed under the General Plan.

Section 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the Development Agreement is in the best interests of the City and good land use practices as it ensure the orderly development of the Property with amenities and infrastructure that will be beneficial to the community.

Section 5. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the Development Agreement will permit land uses that best reflect community needs, including the need for office, commercial and retail spaces, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City.

Section 6. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that: (i) the economic interests of Redlands residents and the public health, safety and welfare will be best served by entering into the Development Agreement; (ii) this Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the area in which the Property is located; (iii) the Development Agreement is in conformity with the public convenience, general welfare and good land use practice; (iv) the Development Agreement will not be detrimental to the public health, safety and general welfare; and (v) the Development Agreement will not adversely affect the orderly development or the preservation of property values for the property it governs or any other property. The City Council also hereby adopts the findings made by the Planning Commission in its recommendation to the City Council for approval of Development Agreement No. 25.

The City Council further finds that among others, the following public benefits accrue to the residents of the City as a result of the Development Agreement:

A. The revitalization of an underdeveloped site.

B. The development of onsite infrastructure upgrades that would not occur otherwise, including public and private streets, and public infrastructure required to achieve the housing and job benefits to be derived from the Project.

C. The generation of additional sales and property taxes.

D. The stimulation of adjacent areas in the downtown area of the City by introducing unique shopping, dining, and entertainment experiences.

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E. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

F. The provision for the creation of much-needed public gathering spaces, including a limited public easement over the public green and paseo for public and private spaces and including public and private paseos to facilitate public use and recreation of such areas.

G. The implementation of a marketing and leasing strategy which will initially target the provision of housing to local and regional tenants.

H. The reestablishment of historical State Street and Third Street through the Project site.

I. The construction of additional housing options in the City including rental dwelling units and condominium (for sale) dwelling units.

J. The unbundling of parking from residential units such that separate rental fees are charged for parking and living spaces.

K. Facilitation of mixed use developments with significant higher-density housing components in the core areas of the City to promote alternative modes of transportation and transit, reduce vehicle miles traveled, improve air quality and healthy environment in the City, reduce sprawl, reduce costs of building and maintaining public infrastructure, and preserve the City’s agricultural and open space land around the periphery of the City.

Section 7. Pursuant to California Government Code Section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is consistent with the General Plan because the Development Agreement will result in the development of the Property at the intensity and density allowed under the General Plan.

Section 8. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that the Development Agreement is in compliance with the conditions, requirements, restrictions, and terms of the Municipal Code, in that it includes all mandatory provisions required by Government Code § 65865.2 and does not include any provisions that are not authorized by the Development Agreement Act.

Section 9. Pursuant to California Government Code Section 65865, the City Council hereby approves the Development Agreement attached hereto and incorporated herein by reference as Exhibit “A,” entitled "Redlands Mall Redevelopment Into State Street Village Development Agreement,” subject to any minor, technical, and non-substantive changes approved by the City Manager and the City Attorney, and authorizes the City Manager to execute the Development Agreement and any documents related thereto.

Section 10. The Mayor shall sign this Ordinance and the City Clerk shall certify the adoption of this Ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this Redlands Regular Meeting of 07-19-22 682 of 974
Ordinance shall take effect as provided by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by the full execution thereof, the Secretary shall record with the San Bernardino County Recorder a copy of the Development Agreement.

Paul T. Barich, Mayor
ATTEST:

Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at a regular meeting thereof held on the _____ day of _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk
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EXHIBIT “A”

DEVELOPMENT AGREEMENT

FOR THE STATE STREET VILLAGE PROJECT
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RECORDED AT REQUEST OF:

Clerk, City Council
City of Redlands
WHEN RECORDED RETURN TO:

City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
Attention: City Clerk
Exempt from Filing Fees, Government Code Section 6103

REDLANDS MALL REDEVELOPMENT INTO STATE STREET

VILLAGE

DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF REDLANDS,
a California municipal corporation
and

VPV STATE STREET VILLAGE, LLC,
a Delaware limited liability company
Dated as of June 27, 2022, for reference purposes
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TABLE OF CONTENTS
Page

1. Definitions and Exhibits .................................................................................................... 2

1.1 Definitions.............................................................................................................. 2

1.2 Exhibits .................................................................................................................. 6

2. General Provisions ............................................................................................................. 6

2.1 Binding Effect of Agreement ................................................................................. 6

2.2 Ownership of Property ........................................................................................... 6

2.3 Term ....................................................................................................................... 6

2.4 Sale or Assignment ................................................................................................ 7

2.5 Amendment or Cancellation of Agreement ........................................................... 9

2.6 Termination ............................................................................................................ 9

2.7 Notices ................................................................................................................. 10

3. Development of the Property ........................................................................................... 11

3.1 Rights to Develop ................................................................................................ 11

3.2 Effect of Agreement on Land Use Regulations; Development Exactions ........... 11

3.3 Timing of Development ....................................................................................... 12

3.4 Development Phasing .......................................................................................... 12

3.5 Changes and Amendments ................................................................................... 12

3.6 Reservations of Authority .................................................................................... 13

3.7 Public Works ........................................................................................................ 15

3.8 [Intentionally Deleted] ......................................................................................... 15

3.9 Regulation by Other Public Agencies .................................................................. 15

3.10 Tentative Subdivision Map Extension ................................................................. 15

3.11 Vesting Tentative Maps ....................................................................................... 15

3.12 Utilities ................................................................................................................. 15

3.13 Covenants, Conditions and Restrictions .............................................................. 15

3.14 Specific CITY Actions ......................................................................................... 16

4. Public Benefits ................................................................................................................. 16

4.1 Intent .................................................................................................................... 16

4.2 Development Impact Fees.................................................................................... 17

4.3 Prepayment .......................................................................................................... 18

4.4 Dedication of On-Site Easements and Rights of Way ......................................... 18

4.5 Timing of Construction of Off-Site Infrastructure ............................................... 18

4.6 Credits .................................................................................................................. 18

5. Financing of Public Improvements .................................................................................. 18

5.1 Financing Districts ............................................................................................... 18

6. Review for Compliance ................................................................................................... 19

6.1 Periodic Review ................................................................................................... 19

6.2 Proceedings for Modification or Termination ..................................................... 19

6.3 Certificate of Agreement Compliance ................................................................. 20

7. DEFAULT AND REMEDIES ......................................................................................... 20

7.1 Remedies in General ............................................................................................ 20 Redlands Regular Meeting of 07-19-22 687 of 974

7.2 Release ................................................................................................................. 20

7.3 Termination or Modification of Agreement for Default of OWNER .................. 21

7.4 Termination of Agreement for Default of CITY ................................................. 21

8. LITIGATION ................................................................................................................... 21

8.1 Third Party Litigation Concerning Agreement .................................................... 21

8.2 Environmental Assurances ................................................................................... 21

8.3 Reservation of Rights ........................................................................................... 22

8.4 Challenge to Existing Land Use Approvals ......................................................... 22

8.5 Survival ................................................................................................................ 23

9. Mortgagee Protection ....................................................................................................... 23

10. Miscellaneous Provisions................................................................................................. 24

10.1 Recordation of Agreement ................................................................................... 24

10.2 Entire Agreement ................................................................................................. 24

10.3 Severability .......................................................................................................... 24

10.4 Interpretation and Governing Law ....................................................................... 24

10.5 Section Headings ................................................................................................. 24

10.6 Singular and Plural ............................................................................................... 24

10.7 Attorneys’ Fees .................................................................................................... 24

10.8 Estoppel Certificates ............................................................................................ 24

10.9 Time of Essence ................................................................................................... 25

10.10 Waiver .................................................................................................................. 25

10.11 No Third Party Beneficiaries ............................................................................... 25

10.12 Force Majeure ...................................................................................................... 25

10.13 Mutual Covenants ................................................................................................ 25

10.14 Successors in Interest ........................................................................................... 26

10.15 Counterparts ......................................................................................................... 26

10.16 Survival of Certain Rights and Obligations ......................................................... 26

10.17 Project as a Private Undertaking .......................................................................... 26

10.18 Further Actions and Instruments .......................................................................... 26

10.19 Eminent Domain .................................................................................................. 26

10.20 Agent for Service of Process................................................................................ 26

10.21 Authority to Execute ............................................................................................ 27

10.22 Joint and Several Obligations .............................................................................. 27

10.23 Good Faith and Fair Dealing................................................................................ 27 EXHIBIT A – Legal Description of the Property
EXHIBIT B – Map showing Property and its Location
EXHIBIT C – Existing Development Approvals
EXHIBIT D – Existing Land Use Regulations
EXHIBIT E – Schedule of Impact Fees
EXHIBIT F – Fee Credits
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STATE STREET VILLAGE

DEVELOPMENT AGREEMENT
THIS STATE STREET VILLAGE DEVELOPMENT AGREEMENT (“Agreement”) is entered into by the CITY OF REDLANDS, a California municipal corporation and general law city (hereinafter “CITY”), and VPV STATE STREET VILLAGE, LLC, a Delaware limited liability company (hereinafter “OWNER”). CITY and OWNER are sometimes referred to individually as “Party” and collectively as “Parties.” This Agreement is dated _____________, 2022 for reference purposes only; it will not become effective until the “Effective Date” (defined below).

RECITALS
A. CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code.

B. OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY.

C. By electing to enter into this Agreement, CITY shall bind future City Councils of CITY by certain of the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY including the power of initiative.

D. The terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable.

E. The best interests of the citizens of the City of Redlands (the “CITY”) and the public health, safety and welfare will be served by entering into this Agreement.

F. All of the procedures of the California Environmental Quality Act have been met with respect to the Project and this Agreement.

G. This Agreement and the Project are consistent with CITY’S Comprehensive General Plan, as amended, and the Transit Villages Specific Plan, as adopted, provided the Specific Plan is not more restrictive in terms of density or stories or heights than the other Project approvals.

H. All actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters.

I. Development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY.

J. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended.

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K. OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure the vesting of its legal rights to develop the Property in accordance with this Agreement.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions and Exhibits

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
(A) “Agreement” means this Development Agreement.
(B) “CITY” means the City of Redlands, a municipal corporation, organized and existing pursuant to the laws of the State of California. (C) “Completed,” “Completion,” and initially capitalized variants thereof mean, with respect to that element of the Project to which the term relates, that Owner has received a certificate of occupancy (including a temporary certificate of occupancy). (D) “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project, including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” includes the maintenance , repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof if undertaken during the Term of this Agreement. (E) “Development Agreement Policies” means those certain development agreement procedures and requirements established in accord with City Municipal Code Chapter 18.220.
(F) “Development Approvals” means all permits and other entitlements for use or construction and subdivisions subject to approval or issuance by CITY in connection with the Development of the Property, including, but not limited to:
(1) specific plans and specific plan amendments, including the Specific Plan;
(2) tentative and final subdivision and parcel maps;
(3) site plans/design review (Commission Review and Approval); (4) conditional use permits;
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(5) zoning;
(6) demolition, grading and building permits; and
(7) All environmental approvals under the California Environmental Quality Act.
(G) “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests, including those imposed in accord with the MMRP (as defined in paragraph (P), below). “Development Exaction” includes Development Impact Fees. (H) “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by CITY in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals or fees collected under development agreements adopted pursuant to Article 2.5 of the Governments Code (commencing with Section 65864).
(I) “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to the Development of the Property, and the more particular plan for the development of the Property as further set forth in Exhibit C. (J) “Effective Date” means the date the ordinance approving this Agreement becomes effective.
(K) “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date. “Existing Development Approvals” include the Development Approvals described on the attached Exhibit C and all other Development Approvals which are a matter of public record on the Effective Date. Notwithstanding any provision herein to the contrary, “Development Approvals” include the Specific Plan. (L) “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date. “Existing Land Use Regulations” include the Land Use Regulations incorporated herein as Exhibit D and all other Land Use Regulations which are a matter of public record on the Effective Date. Notwithstanding any provision herein to the contrary, “Existing Land Use Regulations” include the Specific Plan.
(M) “General Plan Amendment” means the amendment to CITY’S General Plan identified in CITY records as GPA No. 142, providing for the redesignation of five parcels on a portion of the Property necessary to permit the Development of the Property as described herein and approved by City Council Resolution No. 8338 on May 10, 2022.

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(N) “Land Use Regulations” means all CITY ordinances, policies , standards resolutions, codes, rules, regulations and official policies, including without limitation the Specific Plan, governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property. “Land Use Regulations” do not include any CITY ordinance, resolution, code, rule, regulation, or official policy governing:
(1) the conduct of businesses, professions, and occupations; (2) taxes and assessments;
(3) the control and abatement of nuisances;
(4) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or (5) the exercise of the power of eminent domain.
(O) “Mitigation Monitoring and Reporting Program” or “MMRP” means the mitigation monitoring and reporting program for assessing and ensuring compliance with required environmental impact mitigation measures approved by City Council Resolution No. 8337, on May 10, 2022 in conjunction with the City Council’s certification of the SCEA. (P) “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust, or any other security-device lender, and their successors and assigns. (Q) “OWNER” means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property. (R) “Project” means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement.
(S) “Property” means the real property described on Exhibit A and shown on Exhibit B to this Agreement.
(T) “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.
(U) “Related General Plan Amendment” means that certain General Plan Amendment related to the Specific Plan, which will be adopted by CITY when the Specific Plan is adopted and which when effective shall automatically be deemed to be included within the Existing Development Approvals and the Existing Land Use Regulations; on condition that the Related General Plan Amendment is not materially inconsistent with those certain land uses otherwise permitted pursuant to this Agreement in that they are the equivalent of a “minor” Redlands Regular Meeting of 07-19-22 692 of 974
deviation therefrom, as such term is otherwise used and applied regarding scope and effect to different circumstances in Section 3.5. In order to attempt to avoid more than a “minor” deviation, CITY will reasonably confer with OWNER prior to adopting the Related General Plan Amendment.
(V) “Secured Entitlements Date” means the date on which both (i) CITY has approved the General Plan Amendment, Tract Map, and the SCEA/MMRP, and all other Development Approvals required by CITY to permit OWNER to obtain a demolition , grading and building permit for the vertical construction of the first (1st)-to-be-developed building described in the Development Plan (individually, an “Approval” and, collectively, “Approvals”) in the substantive form requested by OWNER, subject only to those changes to which OWNER affirmatively consents in writing, and (ii) each and all of the Approvals have become Final. The Approvals will become “Final” when (i) thirty (30) days following the date of the CITY’S approval of the last Approval and no litigation has been filed, or (ii) if litigation is filed, the litigation has been denied by the trial court and the time to appeal, petition for certiorari or move for reargument or rehearing of the trial court’s ruling has expired and no appeal, petition for certiorari or other proceedings for reargument or rehearing is then pending, or (iii) if an appeal, writ of certiorari, reargument or rehearing of the trial court’s ruling has been sought, the Approvals shall have been affirmed by the highest court to which the Approvals were appealed, or certiorari has been denied, or if reargument or rehearing of the trial court’s ruling was sought, the time to take any further appeal, petition for certiorari or move for reargument or rehearing has expired.

Either Party may send written notice to the other that sets forth the sending Party’s assertion of when the Secured Entitlements Date has occurred. The receiving Party must respond within thirty (30) business days following receipt as to its concurrence or disapproval. In the event the receiving Party fails to respond within the time period set forth in the preceding sentence , the “Secured Entitlements Date” shall be deemed to be as set forth in the sender’s notice . (W) “Specific Plan” means the draft “Transit Villages Specific Plan” identified in CITY records as SP No. 65; provided that upon its adoption by CITY, the final Transit Villages Specific Plan, including without limitation all documents certified or adopted relative thereto pursuant to the California Environmental Quality Act, shall automatically be substituted for the draft Specific Plan for purposes hereof, and shall then be deemed to be the Specific Plan. (X) “Subdivision Map Act” means Government Code Sections 66410, et seq. (Y) “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with the Development of the Property. (Z) “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date.
(AA) “Sustainable Communities Environmental Assessment or SCEA” means that certain environmental document prepared in accord with the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) and entitled State Street Village Project Sustainable Communities Environmental Assessment (SCH No. 2021110117). The SCEA for the Project was certified by City Council Resolution No. 8337 on May 10 , 2022.

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(BB) “Term” has the meaning given in Section 2.3 of this Agreement. (CC) “Tract Map” means the subdivision map identified in CITY records as Vesting Tentative Tract Map No. 20425 and approved by the CITY with City Council Resolution No. 8341 on May 10 , 2022.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit A – Legal Description of the Property
Exhibit B – Map showing Property and its Location
Exhibit C – Existing Development Approvals
Exhibit D – Existing Land Use Regulations
Exhibit E – Schedule of Impact Fees
Exhibit F – Fee Credits

2. General Provisions

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. The Development of the Property is hereby authorized and shall be carried out only in accordance with the provisions of this Agreement.

2.2 Ownership of Property. OWNER represents and covenants that it is the owner of fee simple title to the Property.

2.3 Term.
(A) The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of fifteen (15) years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement.
(B) The Term of this Agreement may be extended in accord with Section 2.5. (C) The term of all subdivision maps included within the Development Approvals shall be co-terminus with the Term of the Agreement. (D) Thereafter, OWNER shall have no vested right under this Agreement regardless of whether OWNER has paid any Development Impact Fee. (E) Notwithstanding the foregoing, this Agreement shall be terminated effective as of the fifth (5th) anniversary of the Effective Date (“Construction Commencement Deadline”) subject to Section 10.12, unless OWNER shall have commenced, and diligently and continuously proceeded with construction of Phases 1A or 1B of Alternative 1 or Phase 1 of Alternative 2 of the Project, as described in that certain State Street Village Phasing Plan attached Redlands Regular Meeting of 07-19-22 694 of 974
to Redlands City Council Resolution Nos. 8339, 8340 and 8341 approving the Conditional Use Permit, Commission Review & Approval, and Tentative Tract Map.

2.4 Sale or Assignment.
(A) OWNER may sell, transfer, or assign the Property, in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act) to any person, partnership, joint venture, affiliate, firm, or corporation at any time; provided, however, that any such sale, transfer or assignment must be made in compliance with the following conditions:
(1) Any sale, transfer or assignment of any right or interest under this Agreement must be made together with the sale, transfer or assignment of all or a part of the Property.
(2) Concurrent with any such sale, transfer, or assignment, or within twenty (20) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer, or assignment and shall provide CITY with an agreement, in a form reasonably acceptable to CITY, executed by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee, effective on acquisition of title to the affected property expressly and unconditionally assumes all the duties, covenants, agreements, waivers and obligations of OWNER under this Agreement to the extent applicable to the part of the Property being transferred.
(a) The qualifications and identity of OWNER are of particular concern to CITY. It is because of those qualifications and identity that CITY has entered into this Agreement with OWNER. For the period of the Term, no voluntary or involuntary successor in interest of OWNER shall acquire any rights or (i) powers under this Agreement, nor shall OWNER make any total or partial sale; transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Project (any of which is hereafter referred to as a “Transfer”) without prior written approval of CITY, except as expressly set forth hereinafter.

Any proposed total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the Project without CITY consent will constitute a default under this Agreement.
(b) Notwithstanding any other provision of this Agreement to the contrary, CITY approval of a Transfer shall not be required in connection with any of the following:
(i) Any Transfers to an entity or entities in which
OWNER retains a minimum of fifty-percent (50%) of the ownership or beneficial interest and retains management and control of the transferee entity or entities. (ii) The Transfer or dedication of any portion of the
Property to CITY or other appropriate governmental agency, or the granting of easements or permits to facilitate construction of the Project.

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(iii) Any requested assignment/encumbrance for
financing purposes including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Project. (iv) In the event of an assignment or Transfer by
Developer under subparagraphs (i) through (iii), inclusive, above not requiring the CITY’S prior approval, OWNER nevertheless agrees that at least thirty (30) days prior to such assignment it shall give written notice to CITY of such assignment or Transfer and satisfactory evidence that the assignee or transferee has assumed jointly with OWNER the obligations of this Agreement. (c) CITY agrees that it will not unreasonably withhold approval of a request made pursuant to this Section 2.4(A), provided OWNER delivers written notice to CITY requesting such approval. Such notice shall be accompanied by sufficient evidence regarding the proposed assignee’s or transferee’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable CITY to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 2.4(A) and as reasonably determined by CITY. CITY shall evaluate each proposed transferee or assignee on the basis of its development and/or qualifications and experience in the operation of facilities similar to the Project, and its financial commitments and resources, and may reasonably disapprove any proposed transferee or assignee, during the Term, which CITY determines does not possess equal or better qualifications than OWNER. An Assignment, Assumption and Release Agreement in form satisfactory to the City Attorney shall also be required for all proposed assignments. Within thirty (30) days after the receipt of OWNER’S written notice requesting CITY approval of an assignment or transfer pursuant to this Section 2.4(A), CITY shall either approve or disapprove such proposed assignment or transfer, or shall respond in writing by stating what further information, if any, CITY reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, OWNER shall promptly furnish to CITY such further information as may be reasonably requested.

Any sale, transfer or assignment not made in strict compliance with the foregoing conditions and requirements shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by subparagraph (2) above ,the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser , transferee or assignee until and unless such agreement is executed. (B) Notwithstanding any sale, transfer, or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(1) OWNER no longer has a legal or equitable interest in the part of the Property transferred.
(2) OWNER is not then in default under this Agreement.

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(3) OWNER has provided CITY with the notice and executed agreement required under subparagraph (A)(2), above.
(4) The purchaser, transferee, or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations under this Agreement.
(C) Any subsequent sale, transfer, or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.
(D) Upon issuance of a certificate of occupancy for a building on the applicable lot and the payment of all fees for such lot set forth in this Agreement, a purchaser, transferee, or assignee of a commercial or industrially-zoned lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development has been approved, shall be entitled to submit a written request to CITY to release said lot from any obligations under this Agreement. Likewise , upon the sale , lease or other transfer of any residential unit pursuant to a final subdivision map of any residential lot or condominium , such residential unit and the owner thereof shall be deemed released from all obligations under this Agreement and may request a written release from CITY. Within thirty (30) days following its receipt of such request, CITY shall review, and if the above conditions are satisfied, shall approve the request for release and notify the purchaser, transferee, or assignee in writing thereof. CITY will execute in recordable form and deliver any instrument as may be requested to evidence the release described in this subparagraph (D). Except as otherwise provided in this Agreement, no such release approved pursuant to this subparagraph (D) shall cause a release of OWNER from its duties and obligations under this Agreement. With respect to the transfer and release referenced in this Section 2.4 the obligations hereunder are not joint and several but several as to portions of the Property transferred as provided in this Section.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all Parties in the manner provided for in Government Code Section 65868 and the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER provided by this Agreement.

2.6 Termination.
(A) This Agreement shall terminate and be of no further effect upon the occurrence of any of the following events:
(1) Expiration of the Term.
(2) Entry of a final judgment setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement.
(3) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.

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(4) The completion of the Project as a whole or applicable phase, as evidenced by the issuance of all required occupancy permits and acceptance by CITY (or other applicable public agency) of all required public dedications. It is anticipated that completion of the Project as evidenced by issuance of occupancy and required public dedications, may occur in phases as reasonably agreed upon by CITY and OWNER.
(5) Termination of this Agreement in accord with any of the termination provisions set forth in this Agreement.
(B) Termination of this Agreement will not operate to terminate any Development Approval in effect prior to the termination or affect any vested right previously acquired by OWNER under applicable California law. Nothing in this Agreement eliminates, limits, expands, or modifies CITY’S authority to adopt, amend or rescind the Specific Plan or other Development Approvals, subject, however, to OWNER’S vested development rights granted herein , acquired under California law and provided all applicable legal requirements and legal limitations that would be applicable to CITY’S actions in the absence of this Agreement. (C) Upon the termination of this Agreement, neither Party shall have any further right or obligation hereunder, except with respect to any obligation to have been performed prior to such termination, or with respect to any default which occurred prior to such termination, or with respect to any obligations which are specifically set forth as surviving this Agreement.

2.7 Notices.
(A) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. (B) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) by overnight courier, on the first (1st) business day after being delivered to a recognized overnight courier. All notices shall be addressed as follows:

If to CITY: City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
with a copy to: City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
Attn: Redlands City Attorney
Telephone: (909) 350-7600
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If to OWNER: VPV STATE STREET VILLAGE, LLC
c/o Village Partners
4350 Von Karman Avenue, Suite 200
Newport Beach, CA 92660
Attn: Don Henry
Telephone: (949) 697-7767
And: VPV STATE STREET VILLAGE, LLC
c\o Village Partners
4350 Von Karman Avenue, Suite 200
Newport Beach, CA 92660
Attn: Michael Morris
Telephone: (949) 433-8568
with a copy to: Dzida, Carey &Steinman
3 Park Plaza, Suite 750
Irvine, CA 92614
Attn: Steven J. Dzida, Esq.

Telephone: (949) 399 0363
Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a Party or an officer or representative of a Party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. Development of the Property

3.1 Rights to Develop. Subject to the limitations of this Agreement, including the Reservations of Authority, OWNER shall have the vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. OWNER shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project.

3.2 Effect of Agreement on Land Use Regulations; Development Exactions. (A) Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the ordinances, rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its Redlands Regular Meeting of 07-19-22 699 of 974
discretion in accordance with the Development Plan and this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review, and action all applications for Subsequent Development Approvals and such applications shall be processed in the normal manner for processing such matters.
(B) Unless otherwise permitted by the Reservations of Authority, CITY may not impose any Development Exaction on the Project, including in connection with the Subsequent Development Approvals, that is inconsistent with the Development Plan, the MMRP, or this Agreement.

3.3 Timing of Development. The Parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, (1984) 37 Cal.3d 465, that the failure of the Parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such Parties’ agreement, it is CITY’S and OWNER’S intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan.

3.4 Development Phasing. The Development of the Property is subject to any timing and phasing requirements established by and set forth in the Development Plan.

3.5 Changes and Amendments.
(A) The Parties acknowledge that refinement and further development of the Project may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. If OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER may apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit C and may be further changed from time to time as provided in this Section 3.5.
(B) Unless otherwise required by law, as determined in CITY’S reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and may be approved by the City Manager or City Manager’s designee and not require an amendment to this Agreement provided the change does not:
(1) Materially increase the density or intensity of use of the Property as a whole;
(2) Materially increase the square footage of buildings, as long as the maximum height of permitted buildings is not increased; Redlands Regular Meeting of 07-19-22 700 of 974
(3) Materially alter a requirement for the reservation or dedication of land for public purposes; or,
(4) Modify the Project to the extent a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code is required.

For purposes of this Section 3.5(B), materially” shall mean in excess of five percent (5%) of the referenced development parameter.

3.6 Reservations of Authority.
(A) Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development of the Property:
(1) Processing fees and charges of every kind and nature imposed by CITY to cover the actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (2) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
(3) Regulations governing construction standards and specifications applicable to public and private improvements or affecting health and safety including, without limitation, the CITY’S Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code.
(4) Regulations imposing Development Exactions; provided however, that no such subsequent adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply to completed improvements with respect to which the owner has vested rights or if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4.2 of this Agreement to the extent such fees fulfill the same purposes.

Notwithstanding the foregoing or any provision in this Agreement to the contrary, CITY shall have the right to lower or increase Development Impact Fees from time to time, in its sole discretion, and any and all revised Development Impact Fees shall be applicable to the Project at the time they are due for payment.
(5) Regulations which may be in conflict with the Development Plan but which are uniformly applied by CITY to similar uses and reasonably necessary to eliminate or mitigate a serious and immediate threat to public health or safety. To the extent possible, any such regulations shall use the least restrictive means of accomplishing the identified health and safety Redlands Regular Meeting of 07-19-22 701 of 974
concern, and be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement.
(6) Regulations which do not conflict with the Development Plan. As one example, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of the Development of the Property shall be deemed to conflict with the Development Plan and shall, therefore, not be applicable to the Development of the Property. (7) Regulations which conflict with the Development Plan if OWNER has given written consent to the application of such regulations to the Development of the Property. (8) Regulations that impose, levy, alter or amend fees, or Land Use Regulations relating to future services (but not infrastructure or improvements funded by other Development Exactions ), including, without limitation, trash can placement, service charges and limitations on vehicle parking.
(9) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by CITY. (B) This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or on the basis of any Subsequent Land Use Regulation not in conflict with the Development Plan. For all purposes of this Agreement generally, and this Section 3.6 specifically, Land Use Regulations will be deemed to conflict with the Development Plan and this Agreement if the Land Use Regulations seek to, whether as part of a specific or general enactment that applies to the Property or Project: (i) limit or reduce the density, intensity, height or size of structures, or modify the type of Development, on the Property; (ii) regulate the timing or sequencing of the Development of the Property in any manner; (iii) require any additional on-site or off-site improvements not required by the Development Plan to be constructed or paid for by OWNER or a subsequent owner of the Property; (iv) materially increase the costs of the Development or materially reduce the value of the Property; or (v) restrict or modify the use of the Property in any manner or degree other than as set forth in the Development Plan. The permitted uses for development of the Project and rights granted hereunder are specified in Redlands Municipal Code Section 18.92 (C-3 General Commercial District) and the Specific Plan, and are incorporated herein by this reference.
(C) In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

Redlands Regular Meeting of 07-19-22 702 of 974
(D) The Parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. The CITY reserves all such power and authority which cannot be restricted by contract or is not restricted by vested rights as otherwise established under applicable law.

3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, then OWNER shall, if required by applicable laws to do so, perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.

3.8 [Intentionally Deleted]

3.9 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies.

3.10 Tentative Subdivision Map Extension. In accord with Section 66452.6 of the Government Code, every tentative parcel and subdivision map approved in connection with Development of the Property will be valid for a period equal to the longer of: (1) the remaining period of the Term of this Agreement as of the time of tentative map approval; and (2) the longest period authorized by the Subdivision Map Act, City Municipal Code, or other applicable law as of the time of tentative map approval.

3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410 et seq.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Likewise OWNER’S vested development rights under applicable law shall not be affected by the total or partial invalidation of this Agreement. Except as set forth above, the Development of the Property shall occur only as provided in this Agreement and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps.

3.12 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the Parties.

3.13 Covenants, Conditions and Restrictions. OWNER shall have the ability to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as OWNER deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the General Plan. Before recording any CC&Rs, OWNER shall provide a Redlands Regular Meeting of 07-19-22 703 of 974
copy of the CC&Rs to CITY for review and approval by the City Attorney. The City Attorney’s review shall be limited to determining if the CC&Rs substantially comply with this Agreement.

Within thirty (30) days after receiving a copy of the proposed CC&Rs from OWNER, the City Attorney shall provide OWNER with either (i) a statement that the CC&Rs comply with this Agreement (“CC&R Approval”) or (ii) written comments identifying each aspect of the CC&Rs which the City Attorney believes not to be in compliance with this Agreement (a “Statement of Non-Compliance”). If the City Attorney fails to provide OWNER with either CC&R Approval or a Statement of Non-Compliance within thirty (30) days following a written request by OWNER, CITY shall be deemed to have approved the CC&Rs and OWNER may record the CC&Rs against the Property. If the City Attorney provides a Statement of Non-Compliance, OWNER shall have thirty (30) days in which to respond to the Statement of Non-Compliance. Upon submittal of OWNER’S response, the procedure described above for the initial submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure shall be followed until OWNER either (1) receives CC&R Approval, (2) files an action for declaratory relief in San Bernardino County Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs. The CC&Rs may run with the land and bind OWNER’S successors and assigns.

3.14 Specific CITY Actions.
(A) At the cost and expense of OWNER, CITY shall reprogram and modify existing State Street/Orange Street traffic signal to efficiently incorporate the needs of the Project.

Any new traffic signal and related improvements shall be installed by and at the cost and expense of OWNER.
(B) CITY shall, subject to reasonable health and safety conditions, issue annual permits for up to 24 events in the Project plaza on private property with a single public notice in advance or if allowed by applicable law waive such requirement and issue such permit(s) administratively. OWNER shall provide CITY with a description of each event and associated marketing and public notices of same in advance of each event. All of CITY’S existing special event or similar permit approval requirements shall be applicable, including all required findings and imposition of conditions thereunder and including the payment of then current application fees to CITY.
(C) CITY shall, subject to reasonable health and safety conditions and all other requirements of law applicable to street closures at the time of each applicable event, issue an annual permit for up to 12 events allowing closure of State Street and Third Street, if public streets, for civic and public events as provided in the preceding paragraph. (D) CITY shall use commercially reasonable efforts to eliminate all public parking requirements within the 2017 Parking Agreement between City and Brixton.

4. Public Benefits

4.1 Intent. The Parties acknowledge and agree that the Development of the Property will result in substantial public needs which will not be fully met by the Development Plan and Redlands Regular Meeting of 07-19-22 704 of 974
further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the Parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project , including the following:
(A) OWNER has master-planned the Project and shall develop the Project in logical phases to facilitate public improvements.
(B) OWNER shall construct all public and private streets and infrastructure required to achieve the housing and job benefits to be derived from the Project. (C) OWNER shall implement a marketing and leasing strategy which will initially target the provision of housing to local and regional tenants. (D) Separate and apart from, and in addition to, the provisions set forth in Subsection 3.14(B), OWNER shall grant to CITY, and record in the office of the San Bernardino County Recorder’s Office, a memorandum of license agreement in a form and substance approved by the City Attorney, which agreement shall provide the CITY a non-exclusive license (“License”) to enter upon the Project plaza, for purposes of enabling CITY to conduct or oversee public or private events during up to twelve (12) days in any calendar year; provided that CITY shall provide notice to OWNER of any such proposed use at least thirty (30) days prior to commencement of such proposed use, and such proposed use shall be allowed only if it does not conflict with any confirmed prior reservation of the applicable area by OWNER for a specific event. The License shall include commercially reasonable lender protection/estoppel provisions and indemnification of the Owner for its use.
(E) OWNER shall re-establish historical State Street and Third Street through the Project site.
(F) OWNER shall establish public and private paseos as described in the Development Plan to facilitate public use and recreation of such areas. (G) OWNER shall unbundle parking from residential units such that separate rental fees are charged for parking and living space.

4.2 Development Impact Fees.
(A) CITY has adopted a Development Impact Fee program designed to offset the costs of mitigating environmental and other impacts caused by development upon public facilities and improvements.
(B) During the Term of this Agreement, the only categories of Development Impact Fees (separate and apart from the amount of each Development Impact Fee) that will be applicable to the Project are those Development Impact Fees specified in the “Schedule of Development Impact Fees” attached as Exhibit E (“Schedule of Impact Fees”). OWNER understands and agrees that CITY is in the process of updating Development Impact Fees. During the Term of this Agreement, no categories of Development Impact Fees other than those specified Redlands Regular Meeting of 07-19-22 705 of 974
in the Schedule of Impact Fees adopted by CITY as of the Effective Date will be applicable to the Project. OWNER further understands and agrees that the amount of each Development Impact Fee may be lowered or increased from time to time, in the discretion of CITY and any and all revised Development Impact Fees shall be applicable to the Project at the time they are due for payment.
(C) Nothing in this Section 4.2 limits the right of any other local, regional, state, or federal agency or district to impose upon the Project otherwise lawful fees, including non-CITY fees imposed by these agencies or districts and collected by CITY for the benefit of those agencies or districts.
(D) Development Impact Fees shall be paid by OWNER to CITY at such times as they are ordinarily due and payable to CITY.

4.3 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of OWNER or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement (but termination of this Agreement shall not constitute a forfeiture of Owner’s interest in such prepaid fees , rights to a credit against then applicable Development Impact Fees or vested rights previously obtained by Owner ). Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit D, any increase or amendment of any Development Impact Fee, or any combination thereof.

4.4 Dedication of On-Site Easements and Rights of Way. OWNER shall dedicate to CITY all on-site rights of way and easements deemed necessary for public improvements, in CITY’S sole discretion, within 15 days of receipt of written demand from CITY.

4.5 Timing of Construction of Off-Site Infrastructure. Approval of any building permits on the Property shall be conditioned upon CITY’S determination, in its sole discretion, that sufficient progress is being made on construction of off-site infrastructure serving development of OWNER’S Property.

4.6 Credits. OWNER shall be entitled to credit against the fees required pursuant to Section 4.2 for the dedication of land, the construction of improvements, or the payment of fees as specifically set forth in Exhibit F.

5. Financing of Public Improvements

5.1 Financing Districts.
(A) OWNER may propose and if requested by CITY shall cooperate in the formation of a special assessment district, community facilities district, SCIP, EIFD or alternate financing mechanism, public grants (collectively, a “Financing District”) to pay for the construction or maintenance of those public improvements required by the Development Plan. If a Financing District is formed, OWNER will be reimbursed from the proceeds of any debt Redlands Regular Meeting of 07-19-22 706 of 974
financing issued by the Financing District to the extent that OWNER spends funds for reasonable costs and expenses which are reimbursable under the instruments and law applicable to the debt financing. Tax rates or assessments of the Financing District may not exceed CITY’S then-current policies regarding public financing districts.
(B) This Section 5.1 is not a commitment by CITY to adopt a resolution of formation to form a Financing District or to approve Financing District debt financing. OWNER acknowledges that the adoption and approval of a resolution of formation is a legislative act within CITY’S unencumbered discretion. Likewise, OWNER is not obligated by this Agreement to approve the formation of a Financing District and OWNER reserves all of its legal rights in that regard.
(C) Notwithstanding any other provision in this Section 5.1, OWNER shall have the right, in OWNER’s discretion, to pursue public financing mechanisms to fund the improvement of State Street, Third Street and Plaza Street, either as public or private streets, as long as such improvements are consistent with the Land Use Regulations. For this purpose, CITY shall reasonably cooperate with OWNER to obtain such financing consistent with CITY’s right to approve a proposed mechanism to the extent such approval constitutes a legislative act.

6. Review for Compliance

Redlands City CouncilJuly 19, 2022

Redlands City Council
July 19, 2022