Agenda packet — Redlands City Council, September 6, 2022 (part 1 of 3)

CITY OF REDLANDS

CITY COUNCIL

SUCCESSOR AGENCY

A G E N D A S
SEPTEMBER 6, 2022

PAUL BARICH
Mayor

EDDIE TEJEDA
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MICK GALLAGHER
Council Member
***

JEANNE DONALDSON
City Clerk

ROBERT DAWES
City Treasurer
CHARLES M. DUGGAN JR.

City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:

TUESDAY, SEPTEMBER 6, 2022
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org
or to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.

In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.

PLEASE NOTE: Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.

To provide comment while participating from Council Chambers:

Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.

After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.

To provide comment through Zoom (on a computer, laptop, or smart device):

Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):

Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
5:00 P.M.

A. Call City Council Meeting to Order
B. Public Comment
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B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session

1. Conference with real property negotiators - Government Code §54956.8 (Facilities and Community Services Director Boatman)
Property: APN 0292-166-08-0000
Agency Negotiators: Charles M. Duggan, Jr.; Chris Boatman Negotiating Party: Andrew Christopherson, The Grove School Under Negotiation: Terms of payment and price of possible lease amendment or purchase of City property

2. Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: Vacant Property; APN 0172-013-76-0000
Agency Negotiators: Charles M. Duggan, Jr. and Chris Boatman Negotiating Parties: Shahzad Farukhi and Keisha Baldeosingh Under Negotiation: Terms of payment and price of possible purchase of real property

3. Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiators: Mayor Barich and Mayor Pro Tem Tejeda Unrepresented Employee: City Manager
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6:00 P.M.

D. Reconvene City Council Meeting
E. Invocation by Mayor Barich - Pledge of Allegiance
(In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations

1. Redlands Pet Adoption (Redlands Animal Services)

2. Presentation of Certificate of Recognition to Detective Strobaugh of the Redlands Police Department (Mayor Barich)

3. Presentation of proclamation designating the City of Redlands as a Purple Heart City to Raymond Wetzel, Adjutant for Chapter #2929 Military Order of the Purple Heart (Mayor Barich)

4. Presentation of proclamation recognizing the 135th Anniversary of Citrograph Printing Co. to Al Hernandez and Ryan Bailey (Council Member Davis)
H. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve the special meeting minutes of August 2, 2022, and August 4, 2022 (City Clerk Donaldson)

2. Authorize issuance of a proclamation designating Redlands as a Purple Heart City (Mayor Barich)

3. Authorize issuance of proclamation celebrating Citrograph Printing Co.'s 135th Anniversary (Mayor Barich and Council Member Davis)

4. Approve Resolution No. 8386 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)

5. Adopt Ordinance No. 2942 (Second Reading) Adding Chapter 9.38 to Article 9 of the Redlands Recycled Paper
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5. Adopt Ordinance No. 2942 (Second Reading) Adding Chapter 9.38 to Article 9 of the Redlands Municipal Code Regulating the Termination of Residential Tenancies Due to Demolition or Substantial Remodel (City Attorney Abich Garcia)

6. Disclosure of Settlement Agreement and Release of All Claims - Lissette Atkinson; San Bernardino County Superior Court Case No. CIVSB2206157 (City Attorney Garcia)

7. Approve the agreement with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $130,000; authorize the Chief of Police to sign and execute agreements implementing the grant; and approve an additional appropriation of the same amount (Police Chief Catren)

8. Adopt Ordinance No. 2933 (Second Reading)- Approving 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 (Development Services Director Desatnik)

9. Approve Resolution No. 8376 relating to Pre-Annexation Agreement No.22-01 for the provision of water service to a vacant lot for irrigation purposes located at 2371 Naples Avenue (APN:
0298-301-33-0000) and determine that approval of this Resolution is exempt from environmental review pursuant to Sections 15319 and 15303(d) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)

10. Approve the Second Amendment to the Professional Services Agreement with Michael Baker International to increase the original agreement from $149,990 by $150,000 to a total aggregate of $299,990 for professional planning, environmental, and development review services (Development Services Director Desatnik)

11. Approve Resolution No. 8382 Annexation No. 27 declaring intent to annex territory into Community Facilities District 2004-1 and determine that the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)

12. Approve price increases from chemical vendors due to a nationwide shortage of water and wastewater treatment process chemicals, appropriate additional funds for chemical purchases in the amount of $25,000, authorize Municipal Utilities and Engineering Director John R. Harris authority to approve additional chemical price increases as needed, not to exceed 20% and determine that these actions are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

13. Approve a Public Works Contract with McDonnell Roofing, Inc. for the Hinckley Water Treatment Plant Roof Replacement Project for an amount not-to-exceed $118,003, an additional appropriation of $118,003, and determination that these actions are categorically exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

14. Approve Resolution No. 8380 adopting a Five-Year Capital Project Needs Analysis for FY 23/24 through FY 27/28 and determining this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

15. Approve Purchase Order modifications with Grainger Industrial Supply and HERC Rentals and Recycled Paper
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15. Approve Purchase Order modifications with Grainger Industrial Supply and HERC Rentals and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

16. Approve the First Amendment to the Public Works Contract with Econolite Systems, Inc. for the HSIP Cycle 8 Pedestrian Countdown Heads Project to extend the time for completion by two hundred and seventy (270) calendar days (Municipal Utilities and Engineering Director Harris)

17. Approve the Memorandum of Understanding between the County of San Bernardino acting by and through the County of San Bernardino Community Revitalization Group Office of Homeless Services and the City of Redlands for Homeless Management Information System (Assistant City Manager Boatman)

18. Approve a Second Amendment to the City's Memorandum of Understanding with Colton-Redlands-Yucaipa Regional Occupation Program for the provision of temporary staffing services to support the City's Recreation and Senior Services Division in an amount not-to-exceed $40,000, and determine approval of this Amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

19. Approve a purchase order modification in the amount of $105,431.81 with Pinnacle Petroleum for delivery and supply of unleaded and diesel fuel (Assistant City Manager Boatman)

20. Approve the request to hold the Dog Jog event hosted by the Redlands Chamber of Commerce on October 22, 2022, within Ed Hales Park and the downtown area; authorize street closures related to the event; approve a request for in-kind support in the amount of $7,825 related to the event (Assistant City Manager Boatman)

21. Approve the request for the consumption of alcoholic beverages at Smiley Park at the 2022 Library Gala to be held on October 15, 2022, and determine that the approval of the request is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman).

22. Approve the agreement between the City of Redlands and the County of San Bernardino for police use of force trimester training at a total cost not to exceed $80,040 (Police Chief Catren) J. New Business

1. Consideration of Memorandum of Understanding between the City of Redlands and the University of Redlands for the provision of standby paramedic services at university football games (Fire Chief Sessler)

2. Consideration of an Assignment and Assumption Agreement between the City of Redlands, Otto Environmental Systems North America, Inc. and Duramax Holdings LLC, for supply and delivery of residential refuse bins (Assistant City Manager Boatman)

3. Consideration of the agreement with Walker Consultants, Inc. for the completion of a Downtown Parking Study for an amount not-to-exceed $121,560 (Development Services Director Desatnik)

4. Consideration of the Non-Professional Services Agreement with Synagro-WWT, Inc. for Recycled Paper
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4. Consideration of the Non-Professional Services Agreement with Synagro-WWT, Inc. for wastewater bio-solids hauling and disposal with an initial one (1) year term value not-to-exceed $350,000 with options to extend for two (2) additional years for a total amount not-to-exceed $1,050,000, and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Department Director Harris)

5. Consideration of a 2023 GapVax MC1510-3S3S combination Jet/Vac truck purchase from Plumbers Depot, Inc. for $657,806.09 (Municipal Utilities and Engineering Director Harris)

6. Approval of the request for commercial vendors and the temporary closure of 5th Street for the Stronger Together Now Latina Love Fest within Ed Hales Park on October 9, 2022, and determination that the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

7. Consideration of the agreement with Larry Jacinto Farming, Inc., for the care, maintenance and harvest of city owned citrus groves for an amount not-to-exceed $1,017,900 for a period of three years (Assistant City Manager Boatman)
K. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
L. Adjournment
The next regular meeting of the City Council will be held on September 20, 2022.

M. Successor Agency of the former Redevelopment Agency of the City of Redlands

1. Call regular meeting of the Successor Agency Board of Directors to order.

2. Public Comment
(At this time, the Agency Board will provide an opportunity for the public to address them on any subject, within the jurisdiction of the Successor Agency of the former Redevelopment Agency of the City of Redlands, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)

3. Approve minutes of the regular meeting of July 5, 2022 (Secretary Donaldson)

4. Adjourn Successor Agency Board of Directors' meeting The next regular meeting of the Agency will be held on October 4, 2022.

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If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.

Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.

Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcasted at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Agendas, staff reports and minutes of the City Council of the City of Redlands are available on the Internet:
http://www.cityofredlands.org
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City Council/Successor Agency Meeting I. 1.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the special meeting minutes of August 2, 2022, and August 4, 2022 (City Clerk Donaldson)
MOTION:

I move to approve the special meeting minutes of August 2, 2022, and August 4, 2022.

Attachments
Special Meeting Minutes of August 2, 2022
Special Meeting Minutes of August 4, 2022
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MINUTES
Special meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on August 2, 2022 at 6:00 P.M.

Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Chris Boatman, Assistant City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Brian Desatnik, Development Services Director; Carl Baker, Public Information Officer
Mayor Barich called the special meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to address them on any matter scheduled on this agenda or any matter, within the jurisdiction of the City Council.

PUBLIC COMMENT
None forthcoming
CONSENT CALENDAR
Minutes
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the minutes of the July 19, 2022 regular meeting.

Vote: 5 - 0 Passed
Resolution No. 8381 Remote Teleconference Meetings
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8381 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days.

Vote: 5 - 0 Passed
Special CC_August 2, 2022

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Resolution Nos. 8377 and 8378 U of R Second Modified Alternative Measure

Council Member Gallagher recused himself from voting on this item due to property ownership near the identified parcels in San Timoteo Canyon. Following the City Council’s action on July 19, 2022, city staff noted a minor typographical error in the Modified Alternative Measure language referring to Figure 4-3 of the General Plan as the “Southwest Area” instead of the “Southeast Area”.

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council approved Resolution No. 8378, adopting a request by the University of Redlands to place the Second Modified Alternative Measure as a City-initiated measure on the Ballot for the November 8, 2022 General Municipal Election (correcting the minor typographical error); adopted Resolution No. 8377 to withdraw the Modified Alternative Measure (as approved July 19, 2022) from the ballot and repeal Resolution Nos. 8374 and 8375; Determined that placement of the Second Modified Alternative Measure is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Calling and giving notice of the holding of a General Municipal Election and requesting the Board of Supervisors of the County of San Bernardino consolidate said election with the Statewide Election on November 8, 2022.

Vote: 4 - 0 Passed
Other: Council Member Mick Gallagher (RECUSE)

Resolution No. 8379 Priorities for Filing of Written Arguments

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8379 setting priorities for filing of written arguments regarding the Second Modified Alternative Ballot Measure; and designated Paul T. Barich to submit the primary argument in favor of the measure.

Vote: 5 - 0 Passed

NEW BUSINESS

Ordinance Nos. 2941 and 2942 Regulating the Termination of Residential Tenancies

City Attorney Abich Garcia presented Urgency Ordinance No. 2941 and Ordinance No. 2942, adding Chapter 9.38 to Article 9 of the Municipal Code regulating the termination of residential tenancies due to demolition or substantial remodel. She explained this was a continuation of a discussion from the July 19, 2022 meeting where the Council heard from tenants of two local apartment complexes that reported they were being evicted by the property owners based on substantial remodeling planned at the sites. During that meeting, the Council directed that an ordinance be brought for their consideration. Key points of the ordinances, include the following: The property owner must obtain all permits related to demolition or substantial remodel of a rental unit prior to issuing a notice of eviction to a tenant(s); The notice of eviction must include a copy of the permits and an explanation: 1) of the scope of the work; 2) why the work cannot be reasonably accomplished in a safe manner Special CC_August 2, 2022

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with the tenant in place; and 3) why the work requires the tenant to vacate the premises for a least 30 days; When the owner issues a notice of eviction for demolition or substantial remodel, the owner is required to provide relocation assistance in the amount of two (2) months’ rent or $4,500, whichever is greater, to the tenant within 15 calendar days of the notice of eviction; and lastly, if the owner is found by a civil court to have intentionally violated these regulations, the owner will be liable for up to $15,000 and/or attorneys’ fees to each tenant as determined by the court.

With the Council's approval, the Urgency Ordinance would take effect immediately, while Ordinance No. 2942 contains the same provisions as the Urgency Ordinance, it will serve as a “back-up” or non-urgency ordinance in case of legal challenges to the Urgency Ordinance.

Ordinance No. 2942 will follow the regular adoption process and is scheduled to come back to the Council on September 6, 2022.

As public comment, Selina Gonzales, John Weekley, Justin Weekley, Cynthia Noren, Kayla Hardemen,Tarun and Scott Fowler supported the urgency ordinance, questioned why tenants would be required to vacate the premises during renovations, described the difficulties of finding affordable housing and thanked the City Attorney and staff for bringing this matter before the Council so quickly. Andy Hoder recommended finding a balanced approach, one that could provide the property owner with the right to a reasonable return on investment and at the same time offer some protection for the renters. Representing Doug Wetton Properties, Doug Wetton, Joe Shipley, Michael Drews and Todd Haig stated the properties under discussion were older and needed extensive renovations. They were not opposed to the ordinance in general, but the relocation fee of $4,500 was burdensome and could force the owner to cut back on proposed renovations.

Council Members discussed the merits of the two ordinances and provided their own thoughts and perspectives. Council Members Guzman-Lowery and Davis agreed the top duty of the City Council was to protect the public and these ordinances provided an opportunity to offer tangible assistance, prevent displacement of residents and make an impact on homelessness.

Council Member Gallagher stated a property owner should be allowed to make improvements, but he was concerned the relocation assistance payments would be an added burden and may discourage owners from investing in the community. Mayor Pro Tem Tejeda and Mayor Barich supported the provision to require landlords to obtain permits before moving forward with renovations. In response to several questions raised by Council Members, City Attorney Abich Garcia clarified the Urgency Ordinance would apply to any notice of eviction that was issued on or after the effective date of the Urgency Ordinance and to tenants: 1) who received a notice of eviction of their tenancy for demolition or substantial remodel; 2) who are in possession of the rental unit; and 3) where the time period in the notice of eviction has not yet expired.

On motion of Mayor Pro Tempore Tejeda, seconded by Council Member Davis, the City Council approved, by roll call vote, to waive further reading of Urgency Ordinance No. 2941; adopted Urgency Ordinance No. 2941; determined that the Ordinance is categorically exempt from environmental review in accordance with Section 15301(c)of the State's guidelines implementing the California Environmental Quality Act.

Vote: 4 - 1 Passed
NAY: Council Member Mick Gallagher
On motion of Mayor Pro Tempore Tejeda, seconded by Council Member Guzman-Lowery, Special CC_August 2, 2022

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the City Council approved, by roll call vote, to waive further reading of Ordinance No. 2942; approved to introduce Ordinance No. 2942; and determined that the Ordinance is categorically exempt from environmental review in accordance with Section 15301(c)of the State's guidelines implementing the California Environmental Quality Act.

Vote: 4 - 1 Passed
NAY: Council Member Mick Gallagher

Mayor Barich recessed the meeting at 7:19 P.M.

RECESS TO CLOSED SESSION

Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: Vacant Property; APN 0292-341-26
Agency
Negotiators:

Chris Boatman
Negotiating
Parties:

GRD Enterprises, LLC
Under Negotiation: Terms of payment and price of possible purchase of real property

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 7:28 P.M.

CLOSED SESSION REPORT

City Attorney Abich Garcia announced that no reportable action was taken during the closed session.

ADJOURNMENT

There being no further action required the meeting adjourned at 7:29 P.M. The next regular meeting of the City of Redlands City Council will be held on September 6, 2022.

Special CC_August 2, 2022

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MINUTES

Special meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on August 4, 2022 at 5:00 P.M.

Mayor Barich called the Special Meeting to order at 5:00 P.M. and announced the City experienced some technical difficulties during the Special City Council Meeting held on Tuesday, August 2, 2022 and therefore, needed to re-accomplish and re-approve the exact same agenda items as was considered on August 2, 2022. It was confirmed the public was able to access and participate remotely during tonight's meeting.

The meeting was conducted as a teleconference meeting in the City Council Chambers and Council Members Davis and Guzman-Lowery were present via teleconferencing. All votes during the meeting were conducted by roll call. Comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to address the Council on any subject within the jurisdiction of the City Council which was not already scheduled on the agenda.

PUBLIC COMMENT

Palm Avenue Historic Citrus Grove - Dana Strunk, Nicole Rinehardt and Richard O'Donnell voiced their concerns about the current state of the historic citrus groves at the England estate on Palm Avenue. They stated the grove was not getting enough water and the trees were in distress. They urged the Council to take action needed to keep them alive and prevent them from dying. Assistant City Manager Boatman assured the public the City was working with the property owner and the Redlands Conservancy to appropriately address the situation.

Shout Out to Redlands Fire Department
- Andy Hoder thanked the Fire Department, EMTs and
dispatch staff, who provided a very quick and efficient response to an emergency he experienced recently.

CONSENT CALENDAR

Minutes

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the Special CC_August 4, 2022

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On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously re-approved, by roll call vote, the minutes of the July 19, 2022 regular meeting.

Vote: 5 - 0 Passed

Resolution No. 8381 Remote Teleconference Meetings

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously re-approved, by roll call vote, Resolution No. 8381 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days.

Vote: 5 - 0 Passed

Resolution Nos. 8378 and 8377 U of R Second Modified Alternative Measure

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council re-approved, by roll call vote, Resolution No. 8378, adopting a request by the University of Redlands to place the Second Modified Alternative Measure as a City-initiated measure on the Ballot for the November 8, 2022 General Municipal Election (correcting the minor typographical error); Re-adopted Resolution No. 8377 to withdraw the Modified Alternative Measure (as approved July 19, 2022) from the ballot and repeal Resolution Nos. 8374 and 8375; Re-determined that placement of the Second Modified Alternative Measure is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Calling and giving notice of the holding of a General Municipal Election and requesting the Board of Supervisors of the County of San Bernardino consolidate said election with the Statewide Election on November 8, 2022.

Vote: 4 - 0 Passed
Other: Council Member Mick Gallagher (RECUSE)

Resolution No. 8379 Filing Written Arguments University's Ballot Measure

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously re-approved, by roll call vote, Resolution No. 8379 setting priorities for filing written arguments regarding the Second Modified Alternative Ballot Measure; and designated Paul T. Barich to submit the primary argument in favor of the measure. The last day for receipt of primary arguments for or against the initiative ordinance, not exceeding 300 words, has been established as August 22 and the last day for receipt of rebuttal arguments not exceeding 250 words has been established as August 26, 2022, in the City Clerk's Office.

Vote: 5 - 0 Passed
Special CC_August 4, 2022

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NEW BUSINESS

Ordinance Nos. 2941 and 2942 Regulating Termination of Residential Tenancies

City Attorney Abich Garcia summarized Urgency Ordinance No. 2941 and Ordinance No. 2942, adding Chapter 9.38 to Article 9 of the Redlands Municipal Code regulating the termination of residential tenancies due to demolition or substantial remodel. The key points of the ordinances include the following: The property owner must obtain all permits related to demolition or substantial remodel of a rental unit prior to issuing a notice of eviction to a tenant(s); The notice of eviction must include a copy of the permits and an explanation: 1) of the scope of the work; 2) why the work cannot be reasonably accomplished in a safe manner with the tenant in place; and 3) why the work requires the tenant to vacate the premises for a least 30 days; When the owner issues a notice of eviction for demolition or substantial remodel, the owner is required to provide relocation assistance in the amount of two (2) months’ rent or $4,500, whichever is greater, to the tenant within 15 calendar days of the notice of eviction; and lastly, if the owner is found by a civil court to have intentionally violated these regulations, the owner will be liable for up to $15,000 and/or attorneys’ fees to each tenant as determined by the court.

As public comment, Tarun pointed out landlords already have protection under the law, but he thanked the City for their responsiveness. John and Justin Weekley were not in favor of splitting the relocation payments and said renters needed the money up front to secure a new rental unit.

Andy Hoder asked for clarification about the waiver versus relocation payment. Ahmed saw the ordinance as a win/win for both parties. Cray Carlson, a commercial real estate broker, was opposed to asking landlords to pay relocation assistance payments as it penalized the owner and potentially added up to $10,000 to $15,000 in extra costs. Joe Shipley was concerned about the overall harm done by making it more expensive to renovate a rental unit, adding he thought it would cause future tenants to pay higher rent and could make Redlands less attractive to investors.

Council Members restated their views as presented during the August 2, 2022 special meeting. Mayor Barich desired to protect both the property owner and the tenant and suggested the Council consider revising the language related to the relocation payment. He recommended splitting the amount in two, with the first payment of $2,250 due to the tenant within 15 days of the eviction notice and the second payment due when the tenant vacated the premises and returned the key. He said the changes would add necessary protections for a property owner in the event a tenant refused to vacate the premises. Council Members offered their opinions and considered the advantages and disadvantages of splitting the payments in half.

As a compromise, Mayor Pro Tem Tejeda proposed the first payment of two-thirds (2/3) of the rental assistance be paid to the tenant within 15 calendar days of the notice of eviction and the second payment of one-third (1/3) of the rental assistance be paid when the tenant vacated the residential real property. It was agreed by a majority of the Council to accept the revisions as proposed by Mayor Pro Tem Tejeda.

On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the Special CC_August 4, 2022

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On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis, the City Council re-approved, as amended, by roll call vote, to re-adopt Urgency Ordinance No. 2941 and re-introduce Ordinance No. 2942, as amended, adding Chapter 9.38 to Article 9 of the Redlands Municipal Code regulating the termination of residential tenancies due to demolition or substantial remodel; and re-determined that the Ordinances are not subject to environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.

Vote: 4 - 1 Passed
NAY: Council Member Mick Gallagher

Mayor Barich recessed the meeting at 6:14 P.M.

CLOSED SESSION

Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: Vacant Property; APN 0292-341-26
Agency Negotiators: Chris Boatman
Negotiating Parties: GRD Enterprises, LLC
Under Negotiation: Terms of payment and price of possible purchase of real property

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 6:20 P.M.

CLOSED SESSION REPORT

City Attorney Abich Garcia announced that no reportable action was taken during the closed session.

ADJOURNMENT

Mayor Barich proudly announced the ground breaking event held earlier in the day celebrating the Good Nite Inn Homelessness Project was a great success. There being no further action required, the meeting adjourned at 6:21 P.M. The next regular meeting of the City of Redlands City Council will be held on September 6, 2022.

Special CC_August 4, 2022

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City Council/Successor Agency Meeting I. 2.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation designating Redlands as a Purple Heart City (Mayor Barich)
MOTION:

I move to authorize issuance of a Proclamation declaring Redlands as a designated Purple Heart City.

SUBMITTED BY:

Jennifer Macias, Management Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Proclamation - Purple Heart City 2022
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City Council/Successor Agency Meeting I. 3.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of proclamation celebrating Citrograph Printing Co.'s 135th Anniversary (Mayor Barich and Council Member Davis)
MOTION:

I move to authorize issuance of proclamation celebrating Citrograph Printing Co.'s 135th Anniversary.

Attachments
Proclamation - Citrograph Printing Co.'s 135th Anniversary Regular Redlands meeting of 09-06-22
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City Council/Successor Agency Meeting I. 4.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8386 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
MOTION:

I move to approve Resolution No. 8386.

DISCUSSION:

On August 23, 2022, the City Council adopted Resolution No. 8384 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days ending September 21, 2022. AB 361, signed into law on September 16, 2021, amends Government Code Section 54953 to provide the authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency and remain in compliance with the Brown Act.

In accordance with Government Code Section 54953 (e)(3), the City Council must review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency. With the adoption of Resolution No. 8386, the City Council is reaffirming its findings and compliance with AB 361 for an additional 30 days ending October 5, 2022.

SUBMITTED BY:

Council Member Denise Davis
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Attachments
Reso. 8386 Teleconference Meeting
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RESOLUTION NO. 8386

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

AUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CI TY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361 (2021) FOR A PERIOD

OF THIRTY DAYS

WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including within the City of Redlands (“City”); and

WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a proclamation declaring a national emergency concerning COVID-19 beginning March 1, 2020; and

WHEREAS, in response to COVID-19, the Governor of the State of California issued a proclamation of a state of emergency on March 4, 2020; and

WHEREAS, the City Council of the City adopted a proclamation of a local emergency related to the COVID-19 virus on March 17, 2020; and

WHEREAS, the City is committed to preserving and fostering pub lic access, transparency, observation, and participation in meetings of the City Council and City b oards, commissions, and committees (hereafter collectively referred to as “legislative bodies;”) and

WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act (“Brown Act”) (Government Code section 54950 et seq.), so that any member of the public may attend, observe, and participate in a meaningful way; and

WHEREAS, Government Code section 54953(b)(3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:

1. Each teleconference location from which a member is participating is noticed on the agenda;

2. Each teleconference location is accessible to the public;

3. Members of the public must be able to address the body at each teleconference location;

4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and

5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and

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WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code section 54953(e), allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and

WHEREAS, the initial required condition of Government Code section 54953(b)(3) is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code section 8625, p roclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and

WHEREAS, the Governor’s proclamation of a state of emergency includes area within the jurisdictional boundaries of the City; and

WHEREAS, Government Code section 54953(e)(3)(A-B), added by AB 361, provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when the City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s boards, commissions, and committees to meet safely in person; and

2. The State of California and the County of San Bernardino continue to recommend measures to promote social distancing; and

WHEREAS, Government Code Section 54953(e) further requires that state or local officials have imposed, or recommended, measures to promote social distancing, or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and

WHEREAS, such conditions now exist in the City in that (i) state and local officials do recommend social distancing measures, and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths, such that meeting in person would present imminent risk to health or safety of attendees; and

WHEREAS, the City Council affirms that it will allow for observation and participation by City Council members as well as board, commission, and committee members and the public, via Zoom, or other appropriate technology, in an effort to protect the constitutional and statutory rights of all attendees; and

WHEREAS, Government Code Section 54953 (e)(3) further requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency;

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the state of emergency conditions related to COVID-19 as set forth in the Governor’s and City’s proclamations of emergency are on-going.

Section 3. The City Council further finds that State and county officials recommend social distancing conditions causing imminent risk to attendees as described above exist.

Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor, and the City, and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.

Section 5. The City Council finds that the state of emergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s b oards, c ommissions, and committees to meet safely in person and such fact creates an imminent health risk to such members.

Section 6. The City Council hereby authorizes the City Council, and all of the boards , commissions, and committees of the City, to conduct their meetings without compliance with Government Code section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code section 54953(e).

Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e), and other applicable provisions of the Brown Act, for all City Council meetings, and all boards, commissions, and committee meetings of the City.

Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) October 5, 2022, or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e).

ADOPTED, SIGNED AND APPROVED this 6th day of September 2022.

________________________
ATTEST: Paul T. Barich, Mayor

____________________________
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 by the City Council at a special meeting thereof held on the 23rd day of August 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk

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City Council/Successor Agency Meeting I. 5.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance No. 2942 (Second Reading) Adding Chapter 9.38 to Article 9 of the Redlands Municipal Code Regulating the Termination of Residential Tenancies Due to Demolition or Substantial Remodel (City Attorney Abich Garcia)
MOTION(S):

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

I move to adopt Ordinance No. 2942.

RECOMMENDATION:

It is recommended the City Council adoptOrdinance No. 2942, adding Chapter

9.38 to Article 9 of the Redlands Municipal Code regulating the termination of residential tenancies due to demolition or substantial remodel.

DISCUSSION:

At a special meeting on August 4, 2022, the City Council introduced an ordinance which would require property owners to comply with additional requirements when initiating an eviction of tenants based on demolition or substantial remodel. The ordinance also requires the payment of tenant relocation assistance in either the form of two months’ rent waiver or $4,500, whichever is greater. As part of the ordinance, the City Council modified the ordinance to require that the $4,500 tenant relocation assistance be paid to the tenant in two installments: 1) two-thirds (2/3) 15 days after the notice of eviction is served on the tenant; and 2) one-third (1/3) at the time the tenant vacates the premises.

The proposed ordinance and staff report prepared for the introduction of this ordinance are available in the City Clerk's office.

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ordinance are available in the City Clerk's office.

ALTERNATIVES:

The Council may continue this matter in order to allow additional time to review Ordinance No. 2942.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
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:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance No. 2942
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1 L:\ca\Ord\2942 Adding Chapter 9.38 Tenant Protections Substantial Remodel.9.6.22.docx ORDINANCE NO. 2942

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADDING CHAPTER 9.38 TO ARTICLE 9 OF THE RE DLANDS MUNICIPAL

CODE REGULATING THE TERMINATION OF RESIDENTIAL TENANCIES

DUE TO DEMOLITION OR SUBSTANTIAL REMODEL

WHEREAS, the California State Legislature adopted the Tenant Protection Act of 2019 (California Civil Code § 1946.2) (the "Act"), and the Act became effective by its own t erms as of January 1, 2020; and

WHEREAS, the Act provides certain tenants of residential real property with just cause eviction protections under certain circumstances; and

WHEREAS, the Act provides that a local ordinance adopted after September 1, 2019, requiring just cause for termination of a residential tenancy shall supersede the Act only if the ordinance is "more protective" than the Act; and

WHEREAS, the City Council desires to adopt an ordinance with just cause termination of tenancy provisions that are more protective than the Act as it relates to no -fault just cause evictions for demolition or substantial remodel of a residential property; and,

WHEREAS, housing instability threatens the public peace, health, and safety as eviction from one's home can lead to prolonged homelessness, increased residential mobility, loss of community, strain on household finances due to the necessity of paying rental application fees and security deposits, stress and anxiety experienced by those displaced, incr eased commute times and traffic impacts if displaced workers cannot find affordable housing within the city in which they work, and interruption of the education of children in the home.

WHEREAS, eviction creates particular hardships for the disabled, senior citizens, and individuals and households of limited means, given the shortage of affordable housing within the City of Redlands and the region generally; and

WHEREAS, the Act permits property owners to evict tenants based on the intent to demolish or substantially remodel their residential real property with no checks and balances to ensure that property owners are appropriately relying on this basis to evict tenants; and

WHEREAS, renters facing eviction have alerted the City that some property owners may have abused this no-fault just cause ground for eviction by using it as a pretext to evict tenants.

Based on similar reports, other cities in Southern California, including Long Beach, Ventura, Hermosa Beach and Duarte have adopted similar ordinances to prevent misuse of this allowable grounds for eviction; and,

WHEREAS, to ensure that property owners' intent is genuine and that tenants are not evicted earlier than necessary or when the remodel does not reasonable require vacation of the units, the City Council finds that it is in the interest of the public welfare to require residential property owners to obtain all necessary approvals and permits to perform the proposed work Regular Redlands meeting of 09-06-22
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WHEREAS, tenants served with "no-fault" evictions (owner move -in, substantial remodel, demolishing the rental unit, etc.) receive only one month of relocation assistance from their property owners; and,

WHEREAS, most property owners require first months' rent, last months' rent, security deposit, and application fees upon move-in and many tenants also pay for temporary storage and other moving costs; and

WHEREAS, one month of relocation assistance may not adequately cover these expenses, so relocation assistance must be strengthened to reflect the realities of the rental market and ensure that eviction is only done when the remodel actually rises to the level of "substantial remodel” or involves demolition; and,

WHEREAS, in a rental market where these tenants will not be able to find comparable housing in the C ity, the City Council intends that evictions based on demolition or substantial remodel be implemented only when necessary and that the tenants be given more relocation assistance to avoid homelessness and increased ability to relocate within the C ity of Redlands and provide the least amount of work, life, and familial disruption; and,

WHEREAS, the City finds that this Ordinance is consistent with and more protective than the Act by requiring property owners to obtain necessary permits prior to terminating a lawful residential tenancy ; that the conditions for eviction are explained to the tena nt in the notice of terminatio n; and requiring a higher amount of relocation assistance to ensure that tenants can successfully relocate into comparable housing after those evictions.

THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated by reference herein.

Section 2. Article 9 (“Public Peace and Welfare”) is amended to add Chapter 9.38 to read as follows:

“CHAPTER 9.38

PERMIT REQUIRED FOR NO-FAULT JUST CAUSE DEMOLITION AND/OR

SUBSTANTIAL REMODELING EVICTIONS

9.38.010: Purpose

9.38.020: Definitions

9.38.030: Notice of Eviction Based on Intent to Demolish or Substantially Remodel Residential Real Property.

9.38.040: Relocation Payments

9.38.050: Exclusions

9.38.060: Application.

9.38.070: Enforcement and Penalties.

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9.38.010: P URPOSE.

This chapter protects tenants from pretextual evictions in which property owners invoke substantial renovation or demolition of a unit as “just cause” under Civil Code §§ 1946.2, 1947.12, and 1947.13 as adopted by Assembly Bill 1482 (the Tenant Protection Act of 2019, the “Act”), and as may be subsequently amended, by requiring evicting property owners show a government- approved demolition and/or remodeling permit to the tenant prior to initiating an eviction for demolition or substantial remodel of residential real property.

9.38.020 DEFINITIONS.

The following words and phrases, whenever used in this c hapter, shall be construed as defined in this section:

(a) “Just Cause” shall have the same meaning as in Civil Code § 1946.2, as may be amended.

(b) “Owner” shall have the same meaning as in Civil Code § 1946.2, as may be amended.

(d) “Tenancy” shall have the same meaning as in Civil Code § 1946.2, as may be amended.

(e) “Substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a government agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to v acate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.

9.38.030: NOTICE OF EVICTION BASED ON INTENT TO DEMOLISH OR SUBSTANTIALLY REMODEL RESIDENTIAL REAL PROPERTY.

Before an owner of residential real property issues a notice to terminate a tenancy for a no- fault just cause eviction based on demolition or a substantial remodel of residential real property, the owner shall have obtained all necessary permits for the substantial remodel and/or demolition from all applicable government agencies. All termination notices for no- fault just cause eviction described in this chapter shall include a copy of all issued permits, which permits must then be in effect, and not be expired or revoked. Th e owner shall include reasonably Regular Redlands meeting of 09-06-22
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9.38.040 RELOCATION PAYMENTS.

To the extent applicable for a no-fault just cause eviction for intent to demolish or substantially remodel residential real property under California Civil Code § 1946.2(b)(2)(D), the owner must provide relocation assistance in the form of: (i) a rent waiver equal to two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy ; or (ii) a payment of $4,500, whichever is greater. The direct payment of $4,500 shall be paid to the tenant in two payments. The first payment shall be two- thirds (2/3) of the rental assistance to be paid within 15 calendar days after the notice of termination is served on the tenant and the second payment shall be one- third (1/3) of the rental assistance to be paid when the tenant vacates the residential real property. The notice of termination shall state the terms of the applicable rental assistance.

9.38.050 EXCLUSIONS.

The provisions of this chapter shall not apply to the types of residential real properties or residential circumstances described in California Civil Code § 1946.2(e).

9.38.060 APPLICATION.

This chapter shall apply to notices of terminations issued on or after the effective date of this chapter and to tenancies: (1) where the tenant remains in possession; and (2) the period of notice required for notices of termination under California Civil Code §§ 1946.1 and 1946.2 have not expired as of the effective date of this chapter.

9.38.070 ENFORCEMENT AND PENALTIES.

An owner’s failure to comply with this chapter shall render any notice of termination of tenancy issued void. Th e requirements of this chapter may be asserted by the tenant as an affirmative defense in an unlawful detainer proceeding. In addition to any other remedies available in law and equity, any owner of residential real property who intentionally violates this c hapter when issuing an invalid termination notice pursuant to this c hapter shall be liable in a civil action to the tenant for a civil penalty in an amount of up to $15,000 and/or reasonable attorney's fees and costs, each as determined by the court.”

Section 3. Environmental Review.

The City Council finds and determines that the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines § Regular Redlands meeting of 09-06-22
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5 L:\ca\Ord\2942 Adding Chapter 9.38 Tenant Protections Substantial Remodel.9.6.22.docx 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or rea sonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines § 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.

Section 4. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.

Section 5. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify to the adoption of this Ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall t ake effect in accordance with law.

_________________________________
Paul T. Barich, Mayor

ATTEST:

_____________________________
Jeanne Donaldson, City Clerk

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6 L:\ca\Ord\2942 Adding Chapter 9.38 Tenant Protections Substantial Remodel.9.6.22.docx 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:

ABSTAIN:

ABSENT:
____________________________
Jeanne Donaldson, City Clerk

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City Council/Successor Agency Meeting I. 6.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure of Settlement Agreement and Release of All Claims - Lissette Atkinson; San Bernardino County Superior Court Case No.

CIVSB2206157 (City Attorney Garcia)
DISCUSSION:

Attached is a copy of the "Settlement Agreement and Release of All Claims," which reflects the terms and conditions for settlement of the above-mentioned litigation as authorized by the City Manager and City Attorney. In accordance with the City's Municipal Code, and following the spirit of the Brown Act, this matter is on your agenda to notify the public of the settlement negotiated by the City.

SUBMITTED BY:

Jimmy Nguyen, Administrative Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Attachments
Settlement Agreement
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City Council/Successor Agency Meeting I. 7.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $130,000; authorize the Chief of Police to sign and execute agreements implementing the grant; and approve an additional appropriation of the same amount (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 with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $130,000; authorize the Chief of Police to sign and execute agreements implementing the grant; and approve an additional appropriation of the same amount.

RECOMMENDATION:

Staff recommends authorization to accept the Office of Traffic Safety “Selective Traffic Enforcement Program” PT23151 grant for local law enforcement agencies; to authorize the Chief of Police to sign and execute agreements implementing the grant; and to authorize an additional appropriation to the Police Department in the amount of $130,000.

DISCUSSION:

California will initiate the Selective Traffic Enforcement Program (STEP) on October 1, 2022. The grant will fund DUI checkpoints, DUI saturation patrols, speeding, red light and stop sign enforcement, and pedestrian / bicycle enforcement. In addition, the grant will fund the Know Your Limit program and collaborative DUI and traffic enforcement with other agencies. Grant funds will be used to staff the enforcement operations with first-line supervisors and officers from the Redlands Police Department. The STEP operations and DUI Regular Redlands meeting of 09-06-22
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officers from the Redlands Police Department. The STEP operations and DUI checkpoint and saturation patrols are highly publicized and provide both education and enforcement of traffic and DUI laws. The grant funds will be used for overtime to conduct the operations.

ALTERNATIVES:

Do not accept the grant.

STRATEGIC PLAN:

Continues the support of Objective E-8.2: Research and implement evidence-based methods to reduce violent and property crime and effectively address traffic concerns.

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:

Chay Miller, Police Executive Assistant
Fiscal Impact
Fiscal Year: 2022/2023
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $130,000
Budgeted Y/N: Y
Account No.: 200202-F202028
Discussion:

There is no impact to the General Fund; all expenditures are reimbursable under the grant.

Attachments
STEP Grant Email
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STEP Grant Email
Draft STEP Grant Agreement
Add'l Approp STEP Grant
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1 Floyd, Jeremy
From: Floyd, Jeremy
Sent: Monday, June 27, 2022 8:23 AM
To: Floyd, Jeremy
Subject: Fwd: OTS Tentatively Approved Your Application

Sent from my iPhone

Begin forwarded message:

From: OTS Email <[email protected]>
Date: June 22, 2022 at 15:43:40 PDT
To: "Floyd, Jeremy" <[email protected]>
Subject: OTS Tentatively Approved Your Application
Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your application 23-003972 in the amount of $130,000 with the proposal titled "Selective Traffic Enforcement Program (STEP)." This tentative award is contingent on approval from the National Highway Traffic Safety Administration.

Your OTS Coordinator will contact you to discuss your proposal and explain the grant agreement process. It is our goal to have all new grants start the first of October. If approval from a City Council or the Board of Supervisors is required, you should begin that process now. Do not incur grant reimbursable costs yet, as this is a tentative award.

The OTS will initiate a statewide media news release regarding this year's applications selected for funding. Your agency should not publicly announce this tentative award until the grant agreement is fully negotiated and signed by the OTS.

Again, congratulations on the success of your application.

Sincerely,
Barbara L. Rooney
Director
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23151

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Redlands From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Redlands Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $130,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Martin Gonzalez

Corporal

[email protected]

(909) 647-8847

1270 W Park Ave Building C
Redlands, CA 92373
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Christopher R. Catren

Chief of Police

[email protected]

(909) 335-4744

1270 W Park Ave Building C
Redlands, CA 92373

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Brenda Boon

Management Analyst

[email protected]

909-335-4751

PO Box 1025
Redlands, CA 92373
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $130,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$130,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $130,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

Q6LKTJ5M3JA8

1270 W. Park Avenue
Redlands
92373-8112
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT23151

1. PROBLEM STATEMENT
The City of Redlands downtown and west end commercial districts have and are currently expanding with new businesses, restaurants and alcohol serving establishments. The city of Redlands is also seeing an increase in residential building bringing more traffic and pedestrians. The Citrus Plaza / Mountain Grove shopping center is currently expanding and has a movie theater and eating establishments that serve alcohol. The Mountain Grove shopping complex also plays home to a summer concert series which bring in thousands of people to the shopping and eating establishments. All this growth has caused an increase in pedestrian traffic and roadway users in the City of Redlands.

The roadways in the city are being improved to relieve congestion and accommodate the high volume of travel by roadway users throughout the day and night. A commuter rail system is currently under construction and will be completed in 2022. When the commuter rail system does begin to serve the community, it will have a significant impact on the roadways and traffic congestion in the city. Highways such as Interstate 10, 210 and state highway 38 travel through Redlands providing connectors to multitude of other cities. The assistance of the STEP grant will allow officers to be deployed for additional traffic safety measures and enforcement. Additional training provided through the STEP grant, will also assist officers with investigations and arrest for driving under the influence.

In 2019 the Redlands Police Department investigated 627 injury traffic crashes and in 2020 we had 611 injury traffic crashes which is a decrease of 16. Our injury alcohol related traffic crashes went up from 80 in 2019 to 25 in 2020 and then back up to 93 in 2021. This significant decrease/increase is likely due to the statewide lock down and the closure of the bars and other drinking establishments during 2020, coupled with the opening of said establishments in 2021. In 2019 and 2020 we had zero fatal hit and run traffic crashes in 2021 that number went up by 1.

As we look at the past and local statistics, we can see the direct correlations to staffing levels and reduction in fatal crashes. To highlight this reduction, we look at our 2020 crash data (see Traffic Data Summary). In 2020 we were not able to complete all of the grant objectives as a result of the COVID 19 shutdown and had five (5) fatal traffic crashes. This contrasts with 2019 where we completed all the grant objectives. Although our fatal crashes in 2020 were up 1 from 2019, we had a decrease in our injury traffic crashes from 2019 to 2020. In 2020 we did not meet the grant objectives; however, this was due to the pandemic and state lock down, not any issues at our department. So, as you as you can see the funding and completing of grant objectives has given the Redlands Police Department the ability to reduce traffic crashes. Another factor in the reduction in fatal traffic crash is that in 2019 the Redlands Police Department was able to staff a full-time traffic unit staffed by a Motor/Traffic detective and a senior Motor/Traffic Investigator. The combination of completing the grant objectives and adding the traffic unit has shown to be effective in reducing the injury traffic crashes in the City of Redlands. The City of Redlands only funds two (2) officers in traffic and special events, therefore, grant funding remains of utmost importance and is likely a large factor in the recent decrease in fatal traffic crashes. The full-time traffic unit is making strides to reduce fatal traffic crashes but without help from grant funding we feel that many of our traffic crashes categories will once again rise.

We know that typically driving under the influence (DUI) is the highest during the holidays. Significant progress has been made in reducing DUI crashes by law enforcement but, DUI deaths have not dropped and continue to increase. It is going to take a coordinated effort between Law Enforcement, community- based-organizations, and media outreach to help combat this problem.

Several DUI suspects have made statements during DUI investigations and at checkpoints that they have purchased alcohol beverages at our local bars and restaurants. The City of Redlands has 203 active alcohol-licensed establishments of which 145 are “on-sale”. Continuing growth and development of the city will lead to an increase in the number of alcohol establishments in the city. Our downtown bars have a large number of calls involving intoxicated patrons, minors purchasing alcohol, and open container consumption in parking lot areas. Continuous inspections of the Alcohol-licensed establishments are key to Regular Redlands meeting of 09-06-22
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keeping the locations in compliance. Having a “know your limit” program will ease the alcohol related events and DUI’s in the City of Redlands.

The Redlands Police Traffic Unit clearly needs to work to do more work to decrease injury crashes and offenses that cause injury crashes. The Redlands Police Department Traffic Units is working on serving the motoring public by increasing awareness and proactive enforcement. Grant funding will assist in meeting our goal to reduce the number of injury traffic crashes and increase traffic safety for the citizens of Redlands.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the DRE Recertification training. 2

7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 10 Regular Redlands meeting of 09-06-22
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1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

8. Conduct DUI Saturation Patrol operation(s). 18

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
4 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 12. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 1

13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Conduct Know Your Limit campaigns with an effort to reach members of the community.
2 16. Conduct collaborative DUI Enforcement operations. 1

17. Conduct collaborative Traffic Enforcement operations. 1

18. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

 Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

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 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

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C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT23151

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$80,000.00
402PT-23 20.600 State and Community Highway
Safety
$50,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $5,375.00 10 $53,750.00
DUI Saturation Patrols 164AL-23 $1,097.00 18 $19,746.00 Know Your Limit 164AL-23 $1,645.00 2 $3,290.00
Collaborative DUI Enforcement 164AL-23 $1,097.00 1 $1,097.00 Traffic Enforcement 402PT-23 $3,291.00 4 $13,164.00
Distracted Driving 402PT-23 $3,291.00 3 $9,873.00
Motorcycle Safety 402PT-23 $3,291.00 1 $3,291.00
Night-time Click It Or Ticket 402PT-23 $3,291.00 1 $3,291.00 Pedestrian and Bicycle Enforcement 402PT-23 $3,291.00 3 $9,873.00 Traffic Safety Education 402PT-23 $548.00 2 $1,096.00
Street Racing and Sideshow Enforcement
Operations
402PT-23 $2,194.00 2 $4,388.00
Collaborative Traffic Enforcement 402PT-23 $1,097.00 1 $1,097.00 Category Sub-Total $123,956.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $3,927.00 1 $3,927.00
$0.00
Category Sub-Total $3,927.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $2,117.00 1 $2,117.00
Category Sub-Total $2,117.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $130,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23151

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum . All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT23151

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee-
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 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—

a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an Regular Redlands meeting of 09-06-22
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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The signed certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

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Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions

(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment Regular Redlands meeting of 09-06-22
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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City Council/Successor Agency Meeting I. 8.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance No. 2933 (Second Reading)- Approving 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 (Development Services Director Desatnik)
MOTION(S):

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

I move to adopt Ordinance No. 2933.

RECOMMENDATION:

It is recommended that City Council adopt Ordinance No. 2933, which would approve 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.

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DISCUSSION:

On July 19, 2022, the City Council introduced Ordinance No. 2933. The staff report prepared for the introduction of this ordinance is attached hereto and is available in the City Clerk's office.

ALTERNATIVES:

The City Council may continue this matter to allow additional time to review Ordinance No. 2933.

STRATEGIC PLAN:

Ordinance No. 2933 is consistent with Priority A, Quality of Life, and the goal for Economic Vitality, “Encourage redevelopment efforts in the transit corridor.

SUBMITTED BY:

Jeanne Donaldson, City Clerk
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:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance No. 2933 with Development Agreement
Ordinance No. 2933 Introduction Staff Report
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1 L:\ca\Ord\2933 State Street Development Agreement.docx 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 NUMB ERS 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 V on 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, Conditi onal 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 C ity Council unanimously adopted Resolution N os. 8339 and 8340 approving the mixed use development Project for the phased development of:

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2 L:\ca\Ord\2933 State Street Development Agreement.docx • 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 drive - through lane and surface parking lot; and

WHEREAS, on May 10, 2022, the C ity C ouncil unanimously adopted Resolution No. 8338 approving General Plan Amendment No. 142 for the Project; and

WHEREAS, on May 10, 2022, the C ity C ouncil 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 t hat 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), E nvironmental 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 Proje ct ( “Development Agreement”) to provide Regular Redlands meeting of 09-06-22
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3 L:\ca\Ord\2933 State Street Development Agreement.docx 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, t he 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 devel opment on the Property in accordance with the goals and policies set forth in the Ge neral 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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4 L:\ca\Ord\2933 State Street Development Agreement.docx 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 order ly 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 econom ic 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 ot herwise, 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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5 L:\ca\Ord\2933 State Street Development Agreement.docx 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 p aseos 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 Counc il, 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 Manage r to execute the Development Agreement and any documents related thereto.

Section 10. The Mayor shall sign this Ordinance and t he 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 Regular Redlands meeting of 09-06-22
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Paul T. Barich, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

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7 L:\ca\Ord\2933 State Street Development Agreement.docx 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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8 L:\ca\Ord\2933 State Street Development Agreement.docx 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 Publi c 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 Regular Redlands meeting of 09-06-22
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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 a nd 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 a nd 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 N o. 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 f rom 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” Regular Redlands meeting of 09-06-22
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deviation therefrom, as such term is otherwise used and appli ed 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 (1 st)-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 (5 th) 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 Regular Redlands meeting of 09-06-22
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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 reasona bly 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 cri teria 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 A greement. 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 Agreemen t. 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 issuanc e 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, a pproval, 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 t o 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 Regular Redlands meeting of 09-06-22
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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;
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(3) Materially alter a requirement for the rese rvation 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 fulfil l 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 Regular Redlands meeting of 09-06-22
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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 timin g 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.

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(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 nec essary 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 Regular Redlands meeting of 09-06-22
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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 Regular Redlands meeting of 09-06-22
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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 Dev elopment 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 Regular Redlands meeting of 09-06-22
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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 dedicat e 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 o r 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 Regular Redlands meeting of 09-06-22
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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 r ights 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

6.1 Periodic Review.
(A) As required by California Government Code Section 65865.1, and in accordance with Chapter 18.220 of the Redlands Municipal Code (“ Chapter 18.220”) the Community Developm ent Director , or person occupying a similar position (“ Community Development Director”), will review this Agreement annually, on or before each anniversary of the Effective Date. The purpose of each review will be to ascertain OWNER’S good faith material compliance with this Agreement during the immediately prior year. OWNER shall submit an annual monitoring report ( “Annual Monitoring Report ”), in a form prepared and approved by the Community Development Director, as set forth in Chapter 18.220. The Annual Monitoring Report must be accompanied by the then- current annual review and administration fee set by the City Council, which may not exceed CITY ’S reasonably estimated fees and costs of reviewing OWNER’S compliance with this Agreement.
(B) The City Council may order a special review of OWNER’S compliance with this Agreement at any time.
(C) The annual review and any other special review shall be conducted in accordance with Chapter 18.220, and OWNER will be requ ired to demonstrate its good faith compliance with this Agreement. OWNER shall have the burden of proof concerning the issue.

6.2 Proceedings for Modification or Termination.

If OWNER fails to cure, or to commence to cure, as applicable, the matters constituting the basis for the City Council ’s preliminary finding of non- compliance under Chapter 18.220 in the manner described in Section 7.3, then CITY may proceed to modify or Regular Redlands meeting of 09-06-22
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terminate this Agreement, but only by the procedures set forth in Chapter 18.220 and in Section 7.3.

6.3 Certificate of Agreement Compliance. If OWNER is found or deemed to be in material compliance with this Agreement, then CITY will issue a “ Certificate of Agreement Compliance” (“ Certificate”) to OWNER stating that this Agreement remains in effect and OWNER is not in default of this Agreement. The Certificate must be in recordable form, contain information necessary to communicate constructive record notice of the finding of compliance, state whether the Certificate is issued after an annual or special review, and state the anticipated date of the next annual review. OWNER may record the Certificate with the San Bernardino County Recorder. Whether or not the Certificate is relied upon by assignees, other transferees or OWNER, CITY shall not be bound by the Certificate if a default existed at the time of the annual periodic or special review, but was concealed from CITY or its reviewing person or body.

7. DEFAULT AND REMEDIES

7.1 Remedies in General. It is acknowledged by the Parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the Parties hereto may pursue any remedy at law or equity ( including but not limited to specific performance and/or injunctive relief) available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages (such damages do not include attorney’s fees with respect to the enforcement of the equitable remedies authorized above ) to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(A) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(B) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(C) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

7.2 Release. Except for non-monetary remedies, OWNER, for itself, its successors and assignees, hereby releases CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon CITY because it entered into this Agreement or because of the terms of this Agreement. OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF
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KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
By initialing below, OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. ______________
Owner’s Initials

7.3 Termination or Modification of Agreement for Default of OWNER. CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinaf ter referred to as “ default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within ninety (90) days after the effective date of such notice or, in the event that such default cannot be cured within such ninety (90) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such ninety (90) day period and to diligently proceed to complete such actions and cure such default.

7.4 Termination of Agreement for Default of CITY . OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within ninety (90) days after the effective date of such notice or, in the event that such default cannot be cured within such ninety (90) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such ninety (90) day period and to diligently proceed to complete such actions and cure such default.

8. LITIGATION

8.1 Third Party Litigation Concerning Agreement . OWNER shall defend, at its expense, including attorneys ’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any claim, action, proceeding or determination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action, proceeding or determination, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action, proceeding or determination.

8.2 Environmental Assurances . OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any Regular Redlands meeting of 09-06-22
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act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys ’ fees, C ITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. OWNER shall have no obligation to indemnify or defend CITY against a claim based upon CITY’s intentional misconduct.

8.3 Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, CITY reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

8.4 Challenge to Existing Land Use Approvals . By accepting the benefits of this Agreement, OWNER, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as o f the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by OWNER or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to CITY by OWNER or i ts successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein, CITY shall, in addition to any other remedies provided for at law or in equity, be entitled to:
(A) impose and recover (at any time, including after sale to a member of the public or other ultimate user) from the party breaching such covenant or waiver, the full amount of Development Impact Fees that the breaching party would have been required to pay in the absence of this Development Agreement; and
(B) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not, as of the time of such breach, obtained a building permit.

OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
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By initialing below, OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________
Owner’s Initials

8.5 Survival. The provisions of Sections 8.1 through 8.4, inclusive, shall survive the termination of this Agreement.

9. Mortgagee Protection
The Parties hereto agree that th is Agreement shall not prevent or limit OWNER, in any manner, at OWNER’S sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(A) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(B) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’S obligations under this Agreement. (C) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (D) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’S obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’S performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

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10. Miscellaneous Provisions

10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code.

10.2 Entire Agreement . This Agreement sets forth and contains the entire understanding and agreement of the Parties , and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provisions of Sections 4.1 through 4.6 are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions and, therefore, in the event such provisions are determined by a court of competent jurisdiction to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

10.4 Interpretation and Governing Law . This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the procedural and substantive laws of the State of California, without regard to its conflict of laws principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

10.5 Section Headings . All Section headings and subheadings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.

10.6 Singular and Plural. As used herein, the singular of any word includes the plural.

10.7 Attorneys’ Fees. If either Party files any action or brings any proceeding against the other pertaining to the interpretation or enforcement of this Agreement, then the prevailing Party will recover, as an element of its costs of suit and not as damages, its costs of suit, expert fees, consultant costs, collection costs, and reasonable attorneys ’ fees as fixed by the court or arbitrator (as applicable), including fees and costs incurred on appeal and in any bankruptcy proceedings.

10.8 Estoppel Certificates.
(A) Within ten (10) days following a Party’s written request, the other Party will certify in writing that, to its actual knowledge:

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(1) This Agreement is in full force and effect and is binding upon the certifying Party, unless the certifying Party disputes this affirmation, in which case the certifying Party will set forth the basis for its position in writing. (2) This Agreement has not been amended or modified, except as otherwise expressly described in the certificate.
(3) The requesting Party is not in material default of its obligations under this Agreement, and that there have been no events that with the passage of time, the giving of notice, or both, would constitute the requesting Party’s default under this Agreement, except as otherwise expressly described in the certificate.
(B) The Party requesting the estoppel certificate will reimburse the certifying party the amount of the certifying Party’ s costs incurred in the preparation and/or review of the estoppel certificate, not to exceed Five Hundred Dollars ($500.00).

10.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

10.10 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party thereafter.

10.11 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

10.12 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God, pandemic, fires, wars, riots or similar hostilities, recession (defined as two (2) consecutive quarters of decline in quarterly real U.S. Gross Domestic Product), strikes and other labor difficulties beyond the Party’s control, (including the Party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the Party’s control. The Party claiming an extension or delay due to a force majeure event must (i) give written notice to the o ther Party within sixty (60) days following the onset of the event giving rise to the force majeure delay, and (ii) give written notice to the other Party within thirty (30) days following the cessation of the event giving rise to the force majeure delay. If any force majeure events occur, the Term of this Agreement and the time for performance by either Party of any of its obligations hereunder will be extended for the period of time that such events prevented such performance, provided that the Term of this Agreement shall not be extended under any circumstances due to a force majeure event for more than five (5) years.

10.13 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent pe rformance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

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10.14 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to the Development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each Party and each successor in interest during ownership of the Property or any portion thereof.

10.15 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

10.16 Survival of Certain Ri ghts and Obligations . Upon the expiration or earlier termination of this Agreement, the entirety of CITY’S and OWNER’S rights and obligations arising under this Agreement will automatically end and be of no further force or effect, except the following: (a) rights and obligations which accrued prior to the expiration or termination of this Agreement, and (b) rights and obligations which specifically state that they will survive the expiration or termination of this Agreement.

10.17 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property by the owner of such property.

10.18 Further Actions and Instruments . Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

10.19 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. No provision of this Agreement shall be construed to limit the CITY’S obligations and liabilities arising from or related to the exercise of CITY’S power of eminent domain.

10.20 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Community Development Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her Regular Redlands meeting of 09-06-22
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name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process and such service shall constitute valid service upon OWNER.

OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S.

No. 6638).

10.21 Authority to Execute . The person or persons executing this Agreement on behalf of O WNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership, or business entity and warrants and represents that he or she/they have the authority to bind OWNER to the performance of its obligations hereunder.

10.22 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be jo int and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot that has been finally subdivided ( or ground lessor of any portion of the Property with a term in excess of 15 years ) and sold/leased to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein as it relates to such portion of the Property ( and not defaults relating to other lots within the Project).

10.23 Good Faith and Fair Dealing. The Parties hereby expressly incorporate a mutual covenant of good faith and fair dealing with respect to their interpretation hereof and respective performance under this Agreement.
[Signatures on following pages]

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SIGNATURE PAGE TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC

OWNER

VPV STATE STREET VILLAGE , LLC , a
Delaware limited partnership

By: VILLAGE PARTNERS VENTURES,
LLC,
a Delaware limited partnership, Its Managing
Member

By: Village Partners Investments, LLC,
a California limited liability company,
its administrative member

By:__________________________
Name:________________________
Title:_________________________

Dated:

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SIGNATURE PAGE TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

CITY

CITY OF REDLANDS, a California municipal
corporation

By:

Mayor

Dated:

By:

City Manager

ATTEST:

By:

City Clerk

APPROVED AS TO LEGAL FORM:

City Attorney

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GNW\ 30726-0020\ 758683.5 5/19/2022 EXHIBIT A

EXHIBIT A TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

Legal Description of the Property

The Project site encompasses approximately 12.25 acres and 11 parcels of land with Citrus Avenue between the main parcel and outparcel. The 11 Assessor’s Parcel Numbers (APNs) of the Project site are listed in the table below.

Assessor’s Parcel Numbers
0171-053-01 0171-251-06
0171-053-02 0171-251-07
0171-053-03 0171-251-08
0171-053-04 0171-251-09
0171-053-05 0171-251-10
0171-053-06

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GNW\ 30726-0020\ 758683.5 5/19/2022 EXHIBIT B

EXHIBIT B TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

Map showing Property and its location
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GNW\ 30726-0020\ 758683.5 5/19/2022 EXHIBIT C

EXHIBIT C TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

Existing Development Approvals

1. Redlands City Council Resolution No. 8337 Adopting Initial Study and Sustainable Communities Environmental Assessment Document Prepared for State Street Village Mixed Use Project.

2. Redlands City Council Resolution No. 8338 Approving Redlands General Plan Amendment No. 142.

3. Redlands City Council Resolution No. 8339 Approving Conditional Use Permit No. 1155 and Commission Review and Approval No. 933.

4. Redlands City Council Resolution No. 8340 Approving Conditional Use Permit No. 1156 and Approving Commission Review and Approval No. 934.

5. Redlands City Council Resolution No. 8341 Approving Vesting Tentative Tract Map No. 20425.

6. The Specific Plan (as defined in Subsection 1.1 (W) of this Agreement).

NOTE: The Existing Development Approvals include all plans and documents referenced in the above Existing Development Approvals including, without limitation, in the Specific Plan.

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GNW\ 30726-0020\ 758683.5 5/19/2022 EXHIBIT D

EXHIBIT D TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

Existing Land Use Regulations

1. City of Redlands 2035 General Plan , adopted December 5, 2017.

2. City of Redlands Zoning Regulations (Title 18 of the Redlands Municipal Code) , as amended.

3. The Specific Plan (as defined in Subsection 1.1 (W) of this Agreement).

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GNW\ 30726-0020\ 758683.5 5/19/2022 EXHIBIT E

EXHIBIT E TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

Schedule of Impact Fees

[attached]

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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EXHIBIT E TO DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF REDLANDS AND VPV STATE STREET VILLAGE, LLC.

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GNW\ 30726-0020\ 758683.5 5/19/2022 EXHIBIT F

EXHIBIT F TO

DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF REDLANDS AND VILLAGE PARTNERS VENTURES, LLC

Fee Credits
OWNER shall be entitled to a credit against Development Impact Fees in the amount equal to the fees otherwise determined on a per square foot basis with respect to the square footage of retail/commercial buildings to be demolished by OWNER within the existing Redlands Mall as described in the Development Plan. For example, if OWNER demolishes 1000 square feet of retail space within the Redlands Mall, OWNER is entitled to a fee credit in the amount of Development Impact Fees which would be imposed by the City on the cons truction of 1000 square feet of new retail space. The credits may be used for Development Impact Fees for uses other than retail space.

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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 1/8 City Council Meeting AGENDA ITEM NO. 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)
A. 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)
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.

4. Mayor calls for comments/questions/testimony from members of the public (3 minutes per speaker).

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.

MOTION(S):

If the City Council deems it appropriate, staff recommends the following motion.

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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 2/8 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 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 Regular Redlands meeting of 09-06-22
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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 3/8 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 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.

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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 4/8 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 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 Regular Redlands meeting of 09-06-22
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https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 5/8 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.

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 Regular Redlands meeting of 09-06-22
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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 6/8 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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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 7/8 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.

Attachments
Attachment A: Location Map & Aerial Photo
Attachment B: Approved Site Plan
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7/27/22, 8:08 AM Print Staff Report
https://destinyhosted.com/print_ag_memo.cfm?seq=4170&rev_num=0&mode=External&reloaded=true&id=73352 8/8 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
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City Council/Successor Agency Meeting I. 9.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8376 relating to Pre-Annexation Agreement No.22-01 for the provision of water service to a vacant lot for irrigation purposes located at 2371 Naples Avenue (APN:
0298-301-33-0000) and determine that approval of this Resolution is exempt from environmental review pursuant to Sections 15319 and 15303(d) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)
MOTION(S):

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

I move to approve Resolution No. 8376.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 8376 to approve Pre-Annexation No. 22-01 for the provision of water service to a 7,920 square-foot parcel located at 2371 Naples Avenue in the unincorporated community of Mentone, and determine that approval of Resolution No. 8376 is exempt from environmental review pursuant to Sections 15319 and 15303of the California Environmental Quality Act Guidelines.

DISCUSSION:

A) Background

The project is located at 2371 Naples Avenue in the unincorporated community of Mentone on a vacant 7,920 square-foot lot (Attachments A and B). The site is located in the County of San Bernardino and the County would be the approval authority for any future construction on this parcel, due to the site's location Regular Redlands meeting of 09-06-22
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authority for any future construction on this parcel, due to the site's location outside of the City limits. The County does not provide domestic water services to the site, and the City of Redlands has the ability to provide water services to unincorporated areas surrounding the City. On June 7, 2022 the City Council authorized staff to proceed with preparation of a Pre-Annexation Agreement for the subject property (Attachment C). The applicant is proposing to connect to City water services to enable irrigation of proposed landscaping on this parcel. This request for a Pre-Annexation Agreement is necessary for the property owner to obtain City water service.

B) General Plan Consistency

The subject property has a lot area of approximately 7,920 square feet, and a General Plan land use designation of Low Density Residential, which allows up to six units per acre. The applicant is not proposing any construction at this time.

The current request for a water meter is to establish landscaping on the property. Although the applicant has expressed a possible interest in developing a single-family residence on the property in the future, there are no plans available at this time. In the event that the applicant was to develop the property with a home in the future, the project would remain consistent with the General Plan’s land use designation as Low Density Residential. In the event that the property is annexed into the City, the property would most appropriately be zoned Single-Family Residential (R-1) under the City’s zoning code. The proposed landscaping and possible development of the site with a single-family residential use is permitted in the R-1 District.

C) Environmental Review

The “project” before the City for purposes of the California Environmental Quality Act (CEQA) is the decision by the City Council to enter into a Pre-Annexation Agreement with the property owner for a parcel located outside the City. This will enable the provision of City domestic water service making it possible for the property owner to establish landscaping on the site and possibly develop the site with a single family residence in the future. This type of application is exempt from environmental review pursuant to CEQA Guidelines Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities) and Section 15303 (New Construction of Small Structures), which exempts construction of a single family residence and extensions of water mains of a reasonable length to support the construction of a single-family residence. There is no possibility of any significant environmental effects as a result of the Pre-Annexation Agreement.

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ALTERNATIVES:

The City Council can continue the item and request more information on any specific concerns.

STRATEGIC PLAN:

Not applicable.

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
PREPARED BY:

Sean Reilly, Principal Planner
Fiscal Impact
Fiscal Year: 2021-2022
Revenue Generating: No
Appropriation Required Y/N: No
Amount: 0
Budgeted Y/N: N
Account No.: N/A
Discussion:

Developer paid $2,495.00 in application fees for the Pre-Annexation Agreement. The developer will pay all applicable Development Impact Fees (DIF) in conjunction with the Pre-Annexation Agreement.

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Attachments
Attachment A: Location Map
Attachment B: Aerial Photograph
Attachment C: OSC No. 20-1
Attachment D: Resolution No. 8376
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MENTONE BLVD

MILL CREEK RD

ZANJA WAYZANJERO

CTNAPLES AVE

SLIGER RD

WARD WAY

ZANJADR

FAIRVIE
W
LN

ROSE ST

ORANGE LN

PATTISON
LN

GARNET ST

MOUNTAIN VIEW LN

AMETHYST ST

BONVIEW
DR

MENTONE AVE

NICE AVE
Copyright nearmap 2015
OneStop.mxd
0 270 540
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.

July 20, 2022
.

Project Location
Location Map
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NAPLES AVE
1185
2368
2371
1287
2369
1175
2365
2361
2360
2364
OneStop.mxd
0 10 20
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.

July 20, 2022
.

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City Council/Successor Agency Meeting AGENDA ITEM NO. I. 13.

DATE: 06/07/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8334 for a new connection to the City of Redlands water distribution system at 2371 Naples Avenue, Outside City Case No. 22-01, and determine that the Resolution is exempt from environmental review pursuant to Sections 15303(a) and 15319(b) of the State’s guidelines implementing the California Environment Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to approve Resolution No. 8334.

RECOMMENDATION:

Staff recommends City Council approval of Resolution No. 8334.

DISCUSSION:

Staff recently received a water connection application for the property located at 2371 Naples Avenue (APN 0298-301-33-0000), which is a vacant parcel located approximately 1.8 miles east and 0.15 miles south of the Redlands city limits in the Mentone area. The Redlands Municipal Code (RMC) requires the Municipal Utilities and Engineering Department (MUED) Director and Development Services Department (DSD) Director to present completed applications for utility connections outside the city limits to City Council to determine if approval is in the best interests of the citizens of Redlands, and to provide direction to staff regarding the preparation of pre-annexation agreements.

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The following items were reviewed and deemed complete by the MUED and DSD Directors:

Application for availability for an OSC water connection;1.

Application for environmental review and a pre-annexation agreement; 2.

OSC 22-01 is a small project including one (1) lot proposed for future construction of a single-family residential development (see Attachment A-1).

The applicant proposes to only use water for irrigation purposes until a single family residence is constructed at an undetermined time in the future. Currently, twenty-five (25) residential unit water and sewer connections are available for small projects. In accordance with State law, utility services may be extended beyond the City limits at the discretion of the City. The RMC establishes the following criteria for the City Council to consider when making such determinations:

The relationship of the property and its proposed use to the City’s General Plan and zoning ordinances;

1. The relationship of the property and its proposed use to the City’s Water Master Plan, and the City’s
Water Capital Improvement Programs;

2. The proximity of the property to the City’s boundaries and existing utility infrastructure;

3. The proposed potential for new revenue sources for the City to pay for City services provided to the project as a result of annexation and development of the property; and,

4. The standards proposed for development of the property.5.

Approval of OSC 22-01 allows the applicant to physically connect to the water system.

Consistency with the General Plan:

The subject property is located in the Low Density land use designation of the General Plan, which supports residential uses such as single-family homes. The property is approximately 0.17 acres and currently undeveloped. The eventual use of this parcel is consistent with the City of Redlands General Plan.

Environmental Review:

The approval Resolution No. 8334 is exempt from the California Environmental Quality Act (CEQA) review in accordance with Section 15303(a) (Conversions of Small Structures) and Section 15319(b) (Annexations of Existing Facilities and Lots for Exempt Facilities) of the CEQA Guidelines. Section 15303(a) exempts conversions of small structures, including a single-family residence. Additionally, Section 15319(b) exempts the annexation of lots for exempt facilities such as those included in Section 15303.

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ALTERNATIVES:

City Council may deny the staff recommendation if Council determines OSC 22-01 is inconsistent with the General Plan, or if the project does not serve the best interests of the City.

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
Brian Desatnik, Development Services Director
PREPARED BY:

Donald Young, One Stop Permit Center Manager

Fiscal Impact
Discussion:

The applicant will be required to pay the Water Capital Improvement Charge, Water Source charge and associated encroachment permit fees.

Attachments
Resolution No. 8334
Attachment A1
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OSC 22-01

PROJECT DETAILS

Attachment A-1
Project Summary

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OSC 22-01

PROJECT DETAILS

SUMMARY TABLE, SUMMARY, AND LOCATION MAP

RESIDENTIAL PROJECT APPLICATIONS
CALENDAR YEAR 2022

OSC CASE # DEVELOPER LOCATION UNITS
22-01 John Lawson 2371 Naples 1

OSC 22-01 is located at 2371 Naples Avenue (APN 0298-301-33-0000). The project is located approximately ~1.8 miles east of the city limits. Staff review indicates the project is consistent with the City’s General Plan.

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OSC 22-01

PROJECT DETAILS

DISCUSSION OF SUBSECTION H. CRITERIA – RMC 13.060.050 H

(H.1.) Relationship of the property and its proposed use to the city’s General Plan and zoning ordinances.

The City of Redlands General Plan Land Use Map shows the subject property designated as ‘Low Density Residential’ (defined as 2.7 – 6.0 dwelling units per gross acre). The subject property was formed under the jurisdiction of San Bernardino County and currently exists as a legal lot of record. The subject property is currently vacant and will be developed with a single-family residence in the future. The property has a lot size approximately 7,511 square feet in size and is physically suitable for the proposed use.

In the event that this property and surrounding properties were to be annexed in the future, the subject property would likely be zoned Single Family Residential (R-1) which is consistent with the City’s General Plan designation of Low Density Residential. At that time, all future development or subdivision within the area would then be required to be consistent with the R-1 zoning and Low Density General Plan designation.

(H.2.) Relationship of the property and its proposed use to the City’s Water Master Plans, and the City’s Water Capital Improvement Programs:

The 1998 Water Master Plan included the area of the property in their service area study, and the incremental demand was included in sizing the existing sewer mains that serve the area. There is a current water CIP (Capital Improvement Program) project to increase the size of the existing water main in Naples Avenue from a 4” main constructed in 1950 to an 8” main.

(H.3.) Proximity of the property to the city’s boundaries and existing utility infrastructure:

The project is within the city’s Sphere of Influence as defi ned by LAFCO. The project is located approximately 1.80 miles east and 0.15 miles south of the Redlands city limits.

The project is subject to meeting utilities development requirements. The development requirements for water infrastructure are contained within this staff report.

(H.4.) The Proposed Potential for New Revenue Sources for the city to Pay for City Services Provided to the Project as a Result of Annexation and Development of the Property:

Staff has examined two factors of potential revenue to the city given the provision that the project is annexed into the city and the site is developed.

POTENTIAL REVENUE FROM DEVELOPMENT

If the property were annexed into the city with the proposed development of the site, the following is an estimate of revenues per unit that are in excess of utility impact fee revenue:

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OSC 22-01

PROJECT DETAILS

• Water Capital Improvement and Water Source, both of which are assessed on a per unit basis at the time of setting the water service meter, will be paid at the current development impact fee schedule.

(H.5.) The Proposed Standards for Development of the Property:

The subject property is currently vacant and will ultimately be developed with a single-family residential dwelling. The current proposal is for only irrigation purposes. The proposed residential development is consistent with the General Plan Land Use Map and the suggested R-1 (Single Family Residential) zoning district.

Should this property be annexed in the future, it is likely that the property would be zoned Single Family Residential Estate (R -1) for consistency with the City’s General Plan. The standards for the R -1 District are outlined in the table below. The proposed residential development appears to be consistent with the City development standards.

City of Redlands, Single Family Residential (R-1) District Standards.

Development Standard Proposal Complies?
Minimum
Lot Area
7,200 square feet
Minimum

7,511 square feet Yes
Minimum
Lot Width
60 feet minimum;

85 feet Yes
Minimum Lot
Depth
100 feet minimum

~ 75 feet No

Maximum Lot
Coverage
30 percent TBD Yes
Front Yard 25 feet minimum; TBD

Yes
Side Yard 5 feet minimum on one
site and 10 feet on the
other side.

TBD Yes
Rear Yard 25 feet minimum TBD Yes
Density One Dwelling Unit per
Lot
One Dwelling Unit
per Lot
Yes

The proposed development of the project site is currently for irrigation of the lot in preparation of a future development as a single family residence.

The lot size does not meet the minimum lot depth for the zoning classification and would be considered as nonconforming.

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OSC 22-01

PROJECT DETAILS

DRAFT DEVELOPMENT REQUIREMENTS
The following items are required prior to approval of APPLICATION FOR WAT ER SERVICE CONNECTION.

1. Pay the Water Capital Improvement Charge and Water Source Acquisition Charge.

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1 L:\ca\Reso\8376 Pre-Annexation Agreement 22-01 Lawson.doc RESOLUTION NO. 8376

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING PRE-ANNEXATION AGREEMENT NO. 22-01, RELATED TO

OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE FOR A VACANT LOT LOCATED AT 2371 NAPLES AVENUE WITHIN THE
UNINCORPORATED COMMUNITY OF MENTONE.

WHEREAS, John Lawson has filed an application for Outside City Case No. 22-01 and Pre-Annexation No. 22-01 with the City for outside City utility connections for a vacant 7,920 square foot parcel located at 2371 Naples Avenue (APN: 0 298-301-33-0000) in the unincorporated community of Mentone within San Bernardino County; and

WHEREAS, on June 7, 2022, the City Council found that Outside City Case No . 22-01 was consistent with the City ’s General Plan and determined the public health, safety, welfare of the residents of Redlands would be served by the City’s continued processing of the Outside City Case application; and

WHEREAS, the pro posal is not subject to environmental review pursuant to the California Environmental Quality Act (“ CEQA”) Guidelines Section 15301(a) for existing facilities and Section 15 319 pertaining to annexations of existing facilities and lots for exempt facilities.

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 the proposed Pre -Annexation Agreement is n ot subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities).

Section 2. The City Council hereby approve s Pre-Annexation No. 22-01, attached hereto as Exhibit “A,” for the provision of water service to enable irrigation of landscaping and possible future development of a vacant lot in the unincorporated community of Mentone.

ADOPTED, SIGNED AND APPROVED this 6th day of September, 2022.

______________________________
Paul T Barich, Mayor
ATTEST:

______________________________
Jeanne Donaldson, City Clerk
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2 L:\ca\Reso\8376 Pre-Annexation Agreement 22-01 Lawson.doc I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

______________________________
Jeanne Donaldson, City Clerk

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3 L:\ca\Reso\8376 Pre-Annexation Agreement 22-01 Lawson.doc EXHIBIT “A”

PRE-ANNEXATION AGREEMENT NO. 22-01

[ATTACHED]
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City Council/Successor Agency Meeting I. 10.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Professional Services Agreement with Michael Baker International to increase the original agreement from $149,990 by $150,000 to a total aggregate of $299,990 for professional planning, environmental, and
development review services (Development Services Director Desatnik)
MOTION(S):

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

I move to approve the Second Amendment to the Agreement with Michael Baker International for a total amount of $299,990.

RECOMMENDATION:

Staff recommends City Council approve the Second Amendment to the Agreement with Michael Baker International for professional planning, environmental, and development review services for a total amount of $299,990.

DISCUSSION:

On March 29, 2022, an agreement in the amount of $49,990 was approved by the City Manager to allow the department to continue to provide timely development review and other planning services to customers due to several vacancies in the Planning Division (Department), as well as address an influx of new projects. On July 5, 2022, the First Amendment was approved by the City Council for an additional $100,000 to allow the Department to continue to maintain the same level of service.

The Department continues to actively recruit to fill multiple vacancies that exist in the Planning Division and will continue to need professional services provided by Regular Redlands meeting of 09-06-22
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the Planning Division and will continue to need professional services provided by Michael Baker International to keep up with customer demand. Approval of this Second Amendment will allow the Department to continue to provide development review services to its customers as the recruitment process continues to fill multiple vacancies.

ALTERNATIVES:

City Council may elect not to approve the Second Amendment to the Agreement. If the amendment is not approved, it would impact the timeliness of development project review for customers.

STRATEGIC PLAN:

Priority B: Public Health and Safety
Priority D: Sustainability
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
PREPARED BY:

Tricia Munoz, Management Analyst
Fiscal Impact
Fiscal Year: 2023
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $150000
Budgeted Y/N: N
Account No.: 101164
Discussion:

Approval of this Second Amendment to the Agreement requires additional Regular Redlands meeting of 09-06-22
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Approval of this Second Amendment to the Agreement requires additional appropriation from the General Fund to meet the needs of the Development Services Department Planning Division. This Second Amendment will increase Purchase Order No. 22211967 from $149,990 by $150,000 to an aggregate total not-to-exceed $299,990 with Michael Baker International. This spending is likely to be offset with salary savings within the department, and if not, the source of funds would be the ending unassigned fund balance in the General Fund. The estimated fund balance is $21.4 million at June 30, 2022.

Attachments
Second Amendment_MBI
First Amendment_MBI
Original Agreement_MBI
Additional Appropriation Form
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1 L:\ca\Agreements\Michael Baker Second Amendment.FY22-0012.docx.jn

SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This second amendment (“Second Amendment”) to the agreement for professional planning, environmental and development review services (“Agreement”), dated March 29, 2022, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Michael Baker International , Inc. (“Consultant”), is made and entered into this 6th day of September 2022.

RECITALS

WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to Article 5.1 to increase the payment to the Consultant from one hundred forty-nine thousand nine hundred ni nety dollars ($149,990) to two hundred ninety- nine thousand nine hundred ninety dollars ($299,990).

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 5.1 of the Agreement, titled “ Payments to Consultant ,” is hereby amended to read as follows:

‘5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of two hundred ninety-nine thousand ninety dollars ($299,990). City shall pay Consultant on a time and material basis in accordance with Exhibit “B,” titled “Compensation,” which is attached hereto and incorporated herein by this reference.”

Section 2. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.

Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of September 6, 2022.

[Signatures on Next Page]

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CITY OF REDLANDS MICHAEL BAKER INTERNATIONAL,
INC.

By: _______________________________ By: ________________________________ Paul T. Barich, Mayor Tanya Bilezikjian, Vice President

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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D
ATE OF REQUEST:

A
n additional appropriation is hereby requested as follows:

Department:

JUSTIFICATION:

Requested By:

Recommended By Finance Director: Recommended:

Yes No Signed
Comments: Approved by City Council:

Date:

Signed:

City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-
TR
ANSACTION NO:

ACCOUNTING PERIOD:

A
ccount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CIT

Y OF REDLANDS
R

EQUEST FOR ADDITIONAL APPROPRIATION
FINAN

CE USE ONLY
P
age 1 of 1
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City Council/Successor Agency Meeting I. 11.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8382 Annexation No. 27 declaring intent to annex territory into Community Facilities District 2004-1 and determine that the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act
(Development Services Director Desatnik)
MOTION(S):

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

I move that the City Council determine approval of Resolution No. 8382 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 Resolution No. 8382.2.

RECOMMENDATION:

Staff recommends City Council approve Resolution No. 8382 declaring intent to annex territory into Community Facilities District No. 2004-1 and determine that the proposed project 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 Council established Community Facilities District No. 2004-1 (CFD) for the purpose of providing certain services which are necessary to meet demands placed upon the City by development. The City Council is being asked to consider Resolution No. 8382, a Resolution of Intention to annex territory into Regular Redlands meeting of 09-06-22
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the CFD.

City staff received a petition from Duke Realty Limited Partnership requesting annexation of its property into the CFD for the maintenance of public trails and trail fences within and adjacent to Planned Development No. 4, Assessor's Parcel Numbers 0292-032-48,0292-032-36,and 0292-032-31 as shown on Attachment C. This annexation is for the properties at the northwest corner of the I-10 and Mountain View Avenue. Planned Development No. 4 was approved by the City Council on July 20, 2021. If Resolution No. 8382 is approved, a public hearing will be scheduled for the City Council meeting on October 18, 2022.

The proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (CEQA)as it has been determined there is no possibility the annexation of the proposed project will result in any environmental effect.

ALTERNATIVES:

N/A
STRATEGIC PLAN:

N/A
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

Yvette A. Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Facilities and Community Services Director PREPARED BY:

Donald Young, One Stop Permit Center Manager

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Fiscal Impact
Discussion:

There is no financial impact. All costs associated with the annexation are paid by the developer.

Attachments
Attachment A. Reso 8382
Attachment B. Signed Petition
Attachment C. Map
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RESOLUTION NO. 8382

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DECLARING INTENTION TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2004 -1 OF THE CITY OF REDLANDS AND

ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 27)
WHEREAS, the City Council (the “City Council”) of the City of Redlands (the “City”) has established Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of California (the “Community Facilities District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, it is necessary that certain parcels of property be annexed to the Community Facilities District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and

WHEREAS, the current Rate and Method of Apportionment of Special Tax (the “Rate and Method”) set forth in Exhibit B hereto, requires that Special Tax for all parcels increase annually in accordance with the Los Angeles -Riverside-Orange County Consumer Price Index (the “LR O Index”); and
WHEREAS, the LRO Index no longer exists and has been replaced by the Riverside -San Bernardino-Ontario Consumer Price Index (the “RSO Index”); and WHEREAS, it is necessary for the Rate and Method to be modified to reference the RSO Index, as the LRO Index no longer exists; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello- Roos Community Facilities Act of 1982,” to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5;

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

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.

Section 2. Name of District. The name of the existing Community Facilities District is “Community Facilities District No. 2004-1 of the City of Redlands, County of San Bernardino, State of California.”
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Section 3. Amendment of Rate and Method. The reference to the “Los Angeles - Riverside-Orange County” Consumer Price Index in Section C of the Rate and Method is hereby replaced with the “Riverside-San Bernardino-Ontario Consumer Price Index.” No other portion of the Rate and Method shall be amended.

Section 4. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

Section 5. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the Community Facilities District is described on the map of the Community Facilities District recorded on May 18, 2004 in Book 76 of Maps of Assessment and Community Facilities Districts, page 94, and as Instrument No 2004- 0347327 in the official records of the County of San Bernardino. The territory proposed to be annexed to the Community Facilities District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 27, Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 6. Types of Services; Incidental Expenses; Plan for Providing Services. The services to be provided and financed by the Community Facilities District are the maintenance of public trails and trail fences adjacent to Planned Development No. 4, including but not limited to, landscape maintenance in the area of the Property and the Community Facilities District. The Community Facilities District shall also finance costs associated with the dete rmination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the Community Facilities District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of the Community Facilities District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the Community Facilities District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the Community Facilities District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the Community Facilities District and the territory proposed to be annexed thereto.

Section 7. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 6 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the Community Facilities District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof. The property within the territory proposed to be Regular Redlands meeting of 09-06-22
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annexed shall be assigned at the rate set forth for Special Tax Rate Category A as set forth in Exhibit “B” attached hereto and for Fiscal Year 2022-23, and each Fiscal Year thereafter, assessed at the rate set forth in Table 2 in Exhibit “B” attached hereto, subject to annual increases beginning in Fiscal Year 2023-24 by the greater of 2% or the percent age increase in the Consumer Price Index as determined pursuant to the method of apportioning such special taxes set forth in said Exhibit “B”.

Section 8. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the Community Facilities District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 9 hereof.

Section 9. Hearing. A public hearing on the proposed annexation of said territory to the Community Facilities District shall be held at 6:00 p.m., or as soon thereafter as the matter may be heard, on October 18, 2022 in the Council Chambers at the City of Redlands Civic Center, 35 Cajon Street, Redlands, California, or via teleconference as directed by the City due to COVID- 19 social distancing guidelines.

Section 10. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.

Section 11. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the Community Facilities District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the Community Facilities District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the Community Facilities District by mail with return postage prepaid and the election shall be conducted as a mail ballot election.
(b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilities District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the Regular Redlands meeting of 09-06-22
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close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the Community F acilities District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the Community Facilities District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City w hich govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the Community Facilities District and shall be so stated in the resolution adopted by the City Council calling the election. (5) The official ballot to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner -voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner -voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it Regular Redlands meeting of 09-06-22
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was his or her intent, as well as the intent of the landowner -voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner- voter’s land ownership within the territory proposed to be annexed to the Community Facilities District.
(6) The return identification envelope delivered by the City C lerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

ADOPTED this 6th day of September, 2022.
____________________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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CERTIFICATE
I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing resolution was regularly adopted by the City Council of said City at a regular meeting of said City Council duly held on the 6th of September by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands this _______ day of September, 2022.

____________________________________
Jeanne Donaldson, City Clerk

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A-1

EXHIBIT “A”

LEGAL DESCRIPTION
FOR
ANNEXATION NO. 27 TO
COMMUNITY FACILITIES DISTRICT NO. 2004-1

CITY OF REDLANDS, COUNTY OF SAN BERNARDINO

STATE OF CALIFORNIA
The property located in the City of Redlands, County of San Bernardino, State of California identified by San Bernardino County Assessor’s Parcel Nos. 0292 -032-31-0000, 0292-032-36- 0000, 0292-032-48-0000.

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B-1

EXHIBIT “B”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2004-1

OF THE CITY OF REDLANDS

A Special Tax (the “Special Tax”) shall be levied on and collected from each Parcel of Taxable Property (defined below) in Community Facilities District No. 2004- 1 (the “District”), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2004, in an amount determined by the City Council of the City of Redlands, acting in its capacity, as the legislative body of the District (hereinafter as the “Council”), by applying the rate and method of apportionment set forth below. All of the real property in the District, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent, and in the manner provided herein.

A. DEFINITIONS
“Additional Maintenance” means the maintenance of landscaping for Parcels assigned to a Special Tax Rate Category in addition to the Basic Maintenance, including, but not limited to, the maintenance of significant open space, citrus groves , and firebreaks and extensive medians and parkways.
“Additional Maintenance Rate Per Benefit Unit” means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on Parcels of Taxable Property assigned to a Special Tax Rate Category to pay the cost of Additional Maintenance, if any, for such Parcels, including, but not limited to, the City’s administrative costs in levying and collecting the Special Tax and managing and administering the Additional Maintenance in such Fiscal Year.
“Basic Maintenance” means the normal maintenance of basic landscaping within the District, including, but not limited to, parkways, open space areas, medians and street trees and the associated maintenance of bushes, shrubs and ground cover. “Base Rate Per Benefit Unit” means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on all Parcels of Taxable Property in the District to pay the estimated cost of the Basic Maintenance, including, but not limited to, the City’s administrative costs in levying and collecting the Special Tax and managing and administering the Basic Maintenance in such Fiscal Year.

“Benefit Unit” means a Single- family residential lot or dwelling unit or the equivalent.

Commercial property is assigned Benefit Units based on acreage with the basis being four (4) Benefit Units per acre, consistent with the average residential density in the C ity.

Industrial Property is assigned Benefit Units based on acreage with the basis being two (2) Benefit Units per acre. Multi- family property is assigned 60 percent of one Benefit Unit per dwelling unit and Religious Property is assigned two (2) Benefit Units per acre.

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B-2

“City” means the City of Redlands.

“Council” has the meaning set forth in the preamble.

“Commercial Property” means any Parcel that is used for the purpose of selling, distributing or furnishing a product or service.

“Development” means any approved development and/or improvement of property resulting in the recordation of a final map or the issuance of a building permit.

“District” has the meaning set forth in the preamble.

“Exempt Property” means property that is exempt from the levy of the Special Tax, including all publicly owned or dedicated property, sliver parcels, common lots, open space and any other property that cannot be developed.

“Fiscal Year” means the period from and including July 1 st of any year to and including
the following June 30th.

“Industrial Property” means any Parcel that is used for the purpose of manufacturing a product.

“Land Use Category” means any of the categories contained in Table 1 to which Parcels of Taxable Property are assigned consistent with the land use approvals that have been received or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year.

“Maximum Special Tax Rate(s)” means the Maximum Special Tax Rate(s) per Benefit Unit for Parcels in all Special Tax Rate Categories that can be levied by the Council in any Fiscal Year as determined pursuant to Section C . The Maximum Special Tax Rates per Benefit Unit for Parcels in all Special Tax Rate Categories , including the Base Rate Per Benefit Unit and the Additional Mainte nance Rate Per Benefit Unit, as set forth in Table 2, shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005 for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.

“Multi-family Residential Property” means any Parcel of residential property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common ownership and/or management.

“Parcel” means a lot or Parcel of land that is identified by an Assessor’s Parcel Number in the Tax Assessment Roll of the County Assessor of the County of San Bernardino.

“Religious Property” means any Parcel used as a place of worship or for other religious activities.

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“Single-family Residential Property” means any Parcel of residential property that is or will be improved with a building comprised of attached or detached residential units available for purchase or rent by the general public.

“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each Parcel of Taxable Property.

“Special Tax Rate Category” means any of the categories identified in Table 2 to which Parcels of Taxable Property in a Development are assigned based on the cost of the Basic Maintenance and the cost of the Additional Maintenance, if any, which will be provided to such Parcels.
“Taxable Property” means Parcels that are not Exempt Property.

B. ASSIGNMENT TO LAND USE CATEGORY

Parcels of Taxable Property in a Development shall be assigned to the appropriate Land Use Category contained in Table 1. Such Parcels shall also be assigned to the appropriate Special Tax Rate Category contained in Table 2, based on the estimated cost for providing the Additional Maintenance, if any, to the Development. The Special Tax shall be levied upon and collected from each such Parcel for each Fiscal Year based on the Benefit Units which are assigned to the Parcel as a result of its assignment to the appropriate Land Use Category and Special Tax Rate Category, as provided in Sections C and D.

TABLE 1
Land Use Category

Land Use Category

Description

Benefit Unit(s)

1 Single-family
Residential

One (1) / Residence
2 Commercial

Five (5) / Acre
3 Industrial

Two (2) / Acre
4 Multi-family
Residential

Six tenths (0.6) / Residential Unit
5 Religious Property Two (2) / Acre

C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax Rate per Benefit Unit for each Parcel for each Fiscal Year shall be the total of the Base Rate Per Benefit Unit plus the Additional Maintenance Rate Per Regular Redlands meeting of 09-06-22
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B-4

Benefit Unit for the Special Tax Rate Category to which the Parcel is assigned. For Fiscal Year 2004-05 the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit for each Special Tax Category shall be the amounts set forth in Table 2 for such Special Tax Rat e Category. The Base Rates Per Benefit Unit and the Additional Maintenance Rates Per Benefit Unit for all Parcels in all Special Tax Rate Categories shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005 for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.

TABLE 2
Maximum Special Tax Rates

Maximum Rates Per Benefit Unit
Special Tax Additional
Rate Category Base Rate Maintenance Rate
A $250 $0
B $250 $100
C $250 $200
D $250 $300
E $250 $400
F $250 $500
G $250 $600
H $250 $700
I $250 $800
J $250 $900
K $250 $1,000
L $250 $1,100
M $250 $1,200
N $250 $1,300
O $250 $1,400
P $250 $1,500
Q $250 $1,600
R $250 $1,700
S $250 $1,800
T $250 $1,900
U $250 $2,000
V $250 $2,100
W $250 $2,200
X $250 $2,300
Y $250 $2,400
Z $250 $2,500

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The Parcels which are to be included in the District at the time of its formation and which are identified in Table 3 shall be assigned to the Land Use Category and the Special Tax Rate Category specified in Table 3.

TABLE 3
Assignment to Land Use Category
and Special Tax Rate Category

Land Use Special Tax Rate
Tract No. Category Category
16408 One (1) K

D. METHOD OF APPORTIONMENT AND LEVY OF ANNUAL SPECIAL TAX For each Fiscal Year, commencing with Fiscal Year 2004-05, the Council shall ( a) determine the cost of providing the Basic Maintenance in the District and the amount of the Base Rate Per Benefit Unit to be levied on Parcels of Taxable Property in the District to pay the cost of the Basic Maintenance; (b) determine the cost of providing the Additional Maintenance, if any, for each Special Tax Rate Category, as then applicable, and the amount of the Additional Maintenance Rate Per Benefit Unit, if any, to be levied on Parcels of Taxable Property in each Special Tax Rate Category to pay the cost the Additional Maintenance therefor; and (c) levy the Special Tax on all Parcels of Taxable Property in each Special Tax Rate Category, as then applicable. The amount of the Special Tax to be levied on any Parcel of Taxable Property in any Fisca l Year shall be determined by multiplying the Benefit Units for the Parcel, depending on the Land Use Category to which it is assigned, by the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, if any, determined pursuant to clauses (a) and (b) above, for the Special Tax Rate Category to which the Parcel is assigned.

No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for the District, is Exempt Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to the District from time to time.

As each annexation is proposed, an analysis will be prepared to determine the types and area of landscaping to be maintained, i.e., Basic Maintenance and/or Additional Maintenance, if any, and the estimated annual cost of providing the Additional Maintenance, if any, to the property. Based on this analysis, the property to be annexed will be assigned to the appropriate Special Tax Rate Category contained in Table 2.

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ASSE
SSOR’S PARCEL NUMBERS 0292-032-048, 0292-032-36, AND 0292-032-31

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City Council/Successor Agency Meeting I. 12.

DATE: 09/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve price increases from chemical vendors due to a nationwide shortage of water and wastewater treatment process chemicals, appropriate additional funds for chemical purchases in the amount of $25,000, authorize Municipal Utilities and Engineering Director John R. Harris authority to approve additional chemical price increases as needed, not to exceed 20% and determine that these actions are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that the City Council determine approval of price increases for water and wastewater treatment plant chemicals, the appropriation of additional funds to purchase these chemicals, and the authorization of Municipal Utilities and Engineering Director John R. Harris authority to approve additional chemical price increases as needed, not to exceed 20%, are exempt from environmental review pursuant to Section 15061(b)(3) of the State guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve the price increases for water and wastewater treatment plant chemicals, appropriate additional funds to purchase these chemicals, and authorize Municipal Utilities and Engineering Director John R. Harris authority to approve additional chemical price increases as needed, not to exceed 20%.

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RECOMMENDATION:

Staff recommends City Council find approval of these price increases, the appropriation of additional funds, and the authorization of Municipal Utilities and Engineering Director, John R. Harris to approve additional chemical price increases as needed, not to exceed 20% are exempt from environmental review under section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, approve price increases for water and wastewater treatment plant chemicals, and appropriate additional funds to purchase these chemicals as follows:

Water Fund 501900
JCI Jones Chemicals Incorporated (Chlorine Gas) -

Current Price = $1,700.00/Ton
New Price = $1,975.00/Ton
Requires an additional appropriation of $25,000.00, which increases this item in the purchase order to $65,000.00

Olin (12.5% Sodium Hypochlorite)

Current Price = $1.489/gallon
New Price = $1.493/gallon (includes Superfund Excise Tax) This item does not require additional appropriation.

Wastewater Fund 521900
Olin (12.5% Sodium Hypochlorite)

Current Price = $1.489/gallon
New Price = $1.493/gallon (includes Superfund Excise Tax) This item does not require additional appropriation.

DISCUSSION:

The Fiscal Year 22/23 Municipal Utilities and Engineering Department budget includes funding for the purchase of water and wastewater treatment process chemicals based on competitively obtained unit prices. Recently, City Council approved annual purchase orders with the following chemical vendors:

Water Production:

Jones Chemicals Incorporated - Chlorine Gas

Olin - 12.5% Sodium Hypochlorite
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Wastewater Treatment
Olin - 12.5% Sodium Hypochlorite
Each of the vendors notified City staff that unit price increases are necessary, unavoidable, and out of their control. Notice letters declaring price increases from each vendor supporting these unit price increases are attached. Staff is aware of the nationwide shortage of water and wastewater treatment process chemicals, and have been repeatedly contacted by the California State Water Resources Control Board to ensure the City of Redlands has adequate chemical supplies to support treatment operations.

Considering the significant supply chain interruptions caused by the COVID-19 pandemic, staff agrees that these unit price increases are unavoidable and fair.

ALTERNATIVES:

City Council may deny the staff recommendations. However, this would significantly impact water and wastewater treatment operations by limiting our ability to obtain chemicals.

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
Dana Abramovitz-Daniel, Procurement Manager
Kevin O. Watson, Utilities Operations Manager
PREPARED BY:

Paul Mariscal, Water Operations & Maintenance Superintendent Regular Redlands meeting of 09-06-22
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Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 25,000
Budgeted Y/N: N
Account No.: 501900
Discussion:

An additional appropriation of $25,000 from the Water Service Fund is required to offset the Jones Chemicals Incorporated unit price increase. .

Attachments
Additional Appropriation Form
JCI Chemical Price Increase
Olin Chemical Price Increase
Clerk's Bid Opening Report
FY22-23 Chemical Bid Analysis
JCI Purchase Order
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June 9, 2022
PLEASE SIGN AND RETURN BY 7/29/22

TO AVOID POSSIBLE SHIPMENT DELAYS

City of Redlands
PO Box 3005
Redlands, CA 92373

Dear Customer:

Raw material cost increases were recently issued by the Producers of chlorine and sodium hydroxide (caustic soda). These materials are also used to manufacture sodium hypochlorite (bleach) and sodium bisulfite. It is necessary for us to pass those increases on to our customers.

Effective August 1st, 2022 your chlorine price must increase to $1,975.00 per ton. All other terms & conditions will remain the same.

Please know that while we do everything in our power to keep increases to a minimum, we have no control over Producer operations or raw material cost increases.

Please also note that supply remains tight- we will do our best to maintain service of your full requirements.

Thank you for your cooperation and understanding.

Sincerely,

JCI Jones Chemicals, Inc

JCI Jones Chemicals, Inc
1765 Ringling Blvd
Sarasota, FL 34236

Please sign below and return via email to [email protected] or return via fax to (310) 523-2944.

Accepted by: ___________________________________________ Date: _______________ Regular Redlands meeting of 09-06-22
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2801 Post Oak Blvd., Suite 600
Houston, TX 77056
Tel 713.960.9111
April 21, 2022
Dear Customer:

Effective immediately, or as permissible by contract, Westlake is announcing a price increase for Chlorine (sold independently or as part of an ECU) by US$ 275 per short ton in the United States, and C$ 375 per metric ton in Canada. This increase is necessitated by a tight supply/demand balance of chlorine and chlorine derivatives.

Standard lead time for all chlorine rail shipments is 21 days. Westlake’s order management protocol remains in effect.

If you have any questions regarding this price change, please contact your sales professional.

Westlake values the opportunity to supply your Chlorine requirements, and will strive to earn your business every day.

Sincerely,
David Kokowsky
Director, Commercial Chlor-Alkali

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6 CITY OF REDLANDS

MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT

BID ANALYSIS
BID NO. 20220301-02WP BID DATE 3/16/2022
Annual P.O. for Water and Wastewater Treatment Plant Chemicals FISCAL YEAR 2022/2023 Bid Item Unit
Unit Price
Olin Corporation Polydyne, Inc. Pencco, Inc. Solenis LLC Nalco Water 1 1,800 gal Per Gallon NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID $4.06 2 Sodium Hypochlorite 12.5% (Water) 4,500 gal Per Gallon $1.489 NO BID $1.51 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 3 Per lb. NO BID NO BID $0.85 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 4 Sodium Hydroxide 50% (Water) 2,000 gal Per Gallon NO BID NO BID $3.40 NO BID NO BID $5.29 NO BID $3.94 NO BID NO BID NO BID NO BID $3.05 5 Praestol 186KH polymer (Water) 3,000 gal Per Gallon NO BID NO BID NO BID NO BID $6.708 NO BID NO BID NO BID NO BID NO BID $7.98 $8.21 NO BID 6 55 gal drum Per Gallon NO BID NO BID NO BID NO BID $10.384 NO BID NO BID NO BID NO BID NO BID $14.45 NO BID NO BID 7 55 gal drum Per Gallon NO BID NO BID NO BID NO BID $10.384 NO BID NO BID NO BID NO BID NO BID $12.65 NO BID NO BID 8 4,500 gal Per Gallon NO BID NO BID NO BID 5.0666 NO BID NO BID NO BID $6.47 NO BID $5.92 NO BID NO BID NO BID 9 Zeetag 8818 Polymer 40% Active (WW) Per Gallon NO BID NO BID NO BID NO BID $13.072 NO BID NO BID NO BID NO BID NO BID $14.34 NO BID NO BID 10 Citric Acid 50% (WW) 600 gal Per Gallon NO BID NO BID NO BID NO BID NO BID $24.90 NO BID $16.320 NO BID NO BID NO BID NO BID $13.00 11 Ferric Chloride 39% (WW) 5,000 gal Per Gallon NO BID $2.16 NO BID NO BID NO BID NO BID $2.83 NO BID $2.06 NO BID NO BID NO BID NO BID 12 4,500 gal Per Gallon $1.489 NO BID $1.51 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID Item
Number
Quantity Per
Delivery Kemira Water
Solutions, Inc.

JCI Jones
Chemicals Inc.

USALCO
Modesto Plant,
LLC
Pacific Star
Chemical dba of
Northstar
Chemical
California Water
Technologies,
LLC
Brenntag Pacific,
Inc.

Water
Treatment
Chemicals Inc.

Univar Solutions
USA Inc.

Sodium Hypochlorite 12.5% mini-bulk
(Water)
Chlorine Gas
(Water)
(2) Ton
Cylinders
Praestol A 3040 LTR FLOCCULANT (Water)
Praestol A 3010 LTR FLOCCULANT (Water)
Aluminum Chlorohydrate (ACH) 50%
Solution (Water)
20,700 gal (9
totes 2,300
lbs./tote)
Sodium Hypochlorite 12.5% (WW)
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE

PURCHASE ORDER
2288

JCI JONES CHEMICALS INC
1401 DEL AMO BLVD
TORRANCE, CA 90501

CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
EMAIL: [email protected]
*Emailing invoice and referencing PO No.
is required and will expedite payment*
.

FINBIL
22300229

MUNICIPAL UTIL & ENGINEERING
07/06/2022

THIS PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, PACKAGES, AND SHIPPING PAPERS.
07/01/2022

Page 1 of 12023 ends

Redlands City CouncilSeptember 6, 2022

Redlands City Council
September 6, 2022