SECTION 3. ADOPTION OF THE ENVIRONMENTAL DOCUMENT. The Sustainable Communities Environmental Assessment (SCEA) document is hereby adopted in compliance with the California Environmental Quality Act.
SECTION 4. ADOPTION OF MITIGATION MONITORING & REPORTING PROGRAM.
In accordance with Public Resources Code section 21081.6, the City hereby adopts the Mitigation Monitoring/Reporting Program attached to the Sustainable Communities Environmental Assessment (SCEA), and all mitigation measures are included as conditions of approval for the Project.
SECTION 5. NOTICE OF DETERMINATION. The City Council hereby directsstaff to file and post a Notice of Determination in accordance with the State CEQA Guidelines.
SECTION 6. CUSTODIAN OF RECORDS. The custodian of documents and other material which constitute the record of proceedings upon which its decision is based is the Development Services Director or designee, and all records are located in the City’s Development Services Department.
SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. -5-
ADOPTED, SIGNED, AND APPROVED this 4
th day of October, 2022.
Paul T. Barich, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the Planning Commission at a special meeting thereof held on the 4 th day of
October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanne Donaldson, City Clerk
RESOLUTION NO. 8390
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING SPECIFIC PLAN AMENDMENT NO. 23 TO THE DOWNTOWN SPECIFIC PLAN (SPECIFIC PLAN NO. 45) TO ALLOW STRUCTURES UP TO FOUR STORIES IN HEIGHT AND NOT EXCEEDING 55 FEET HIGH.
WHEREAS, Vantage One Real Estate Investments (“Applicant”) has submitted a legislative application for Specific Plan Amendment No. 23 to the Downtown Specific Plan (Specific Plan No. 45) to amend Sections C(1)(1.3), C(2)(2.1), and C(3)(3.3) to permit structures up to four (4) stories high and maintaining the current maximum allowable height not exceeding fifty-five (55) feet as defined in the Redlands Municipal Code; and WHEREAS, the Applicant has submitted a development application for Commission Review & Approval No. 911 to construct 145 apartment units in a four-story building including subterranean and surface level structured parking, courtyard, and common space amenities on approximately 1.49 acres located at 200-206 West Redlands Boulevard (APNs: 0169-281-30- 0000 and 0169-281-31-0000); and
WHEREAS, the Applicant has submitted an application for Tentative Parcel Map No. 20175 to consolidate two parcels into one parcel 1.48-acres in size for development purposes; and
WHEREAS, the above-referenced applications filed with the City of Redlands are referred to hereinafter as the “Project” and “Project Entitlements;” and WHEREAS, following the public hearing on August 30, 2022, the Planning Commission determined that the proposal would be in conformity with the General Plan, and would be consistent with goals of Specific Plan No. 45 to create a compact, pedestrian-oriented environment that is consistent in character with the older Redlands Town Center while creating an opportunity to contribute to the City’s economic development by providing residential, employment, shopping, service, and entertainment facilities; and,
WHEREAS, on August 30, 2022, the Planning Commission recommended to the City Council that the proposed Specific Plan Amendment be approved; and WHEREAS, in accordance with Government Code sections 65453 and 65090, on September 23, 2022, the City Clerk gave notice by publication in a newspaper of general circulation of the holding of a public hearing at which the Amendment No. 23 to Specific Plan No. 45 would be considered by City Council; and
WHEREAS, on October 4, 2022, the City Council held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Amendment No. 23 to Specific Plan No. 45.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. In accordance with City Council Resolution No. 8390, the Sustainable Communities Environmental Assessment prepared for the project has been adopted in compliance with the California Environmental Quality Act (CEQA).
SECTION 2. GENERAL PLAN CONSISTENCY. The proposed amendment to the Downtown Specific Plan (Specific Plan No. 45) will be consistent with the 2035 General Plan.
SECTION 3. APPROVAL OF SPECIFIC PLAN AMENDMENT. The requested Specific Plan Amendment No. 23 to amend Sections C(1)(1.3), C(2)(2.1), and C(3)(3.3) of the Downtown Specific Plan (Specific Plan No. 45), as shown in Exhibit “A” attached hereto, is hereby approved.
SECTION 4. EFFECTIVE DATE. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED this 4
th day of October, 2022.
______________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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 4 th day of October,
2022.
AYES:
NOES:
ABSENT:
ABSTAINED:
______________________________
Jeanne Donaldson, City Clerk
EXHIBIT A
SPECIFIC PLAN AMENDMENT NO. 23
SP 45 (“DOWNTOWN SPECIFIC PLAN”)
C. Property Development Standards
1. Town Center (TC) District
“1.3 Maximum Building Height and Number of Stories: Three Four stories, not to exceed a maximum building height of fifty-five (55) feet.
Building Height
Building height shall mean the vertical distance measured from the adjoining curb level to the highest point of the structure; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
Building Height Exceptions
Appurtenances such as chimneys, open lattice structures, ventilators, flagpoles, steeples, pylons and towers with a maximum cross-sectional plan area of 100 square feet and meeting building code requirements may be permitted subject to the approval of the Planning Commission.
2. Town Center-Historic (TC-H) District
“2.1 All property development standards of the Town Center (TC) District shall apply to the Town Center-Historic (TC-H) District, with the exception of the following provisions:
a. Maximum Building Height and Number of Stories: Three Four stories, not to exceed a maximum building height of fifty-five (55) feet. b. Front and Side Street Setback: No requirement.
c. Building Lines: A minimum of 50% of the front ground-level facade of the building must be located within ten (10) feet of the front property line. d. Landscaping: Landscaped area is not required on lots 5,000 square feet or less.”
3. Service Commercial (SC) District
“3.3 Maximum Building Height and Number of Stories: Three Four stories, not to exceed a maximum building height of fifty-five (55) feet.
RESOLUTION NO. 8391
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING COMMISSION REVIEW & APPROVAL NO. 911 AND
TENTATIVE PARCEL MAP NO. 20175 FOR “THE GRAND” MULTIFAMILY
RESIDENTIAL PROJECT LOCATED AT THE NORTHEAST CORNER OF
EUREKA STREET AND WEST REDLANDS BOULEVARD.
WHEREAS, Vantage One Real Estate Investments (“Applicant”) has submitted a development application for Commission Review & Approval No. 911 to construct 145 apartment units in a four-story building including subterranean and surface level structured parking, courtyard, and common space amenities on approximately 1.49 acres located at 200-206 West Redlands Boulevard (APNs: 0169-281-30-0000 and 0169-281-31-0000); and WHEREAS, the Applicant has submitted a legislative application for Specific Plan Amendment No. 23 to the Downtown Specific Plan (Specific Plan No. 45); and WHEREAS, the Applicant has submitted an application for Tentative Parcel Map No. 20175 to consolidate two parcels into one parcel 1.49-acres in size for development purposes; and
WHEREAS, the above-referenced applications filed with the City of Redlands are referred to hereinafter as the “Project” and “Project Entitlements;” and WHEREAS, the Planning Commission has reviewed the proposed project, and found the proposal to be consistent with the 2035 General Plan including the central organizing strategy of the “Transit Village Concept” to permit the development of high-density residential projects within walking distance of Metrolink stations to reduce vehicular usage, improve air quality and provide health benefits, and provide economic development opportunities; and WHEREAS, the Planning Commission has reviewed the proposed project, found the proposal to be consistent with the City’s 2021-2029 Housing Element, and the proposed residential project will provide up to 145 dwelling units that will result in more housing opportunities in Redlands; and
WHEREAS, the proposed land use is permitted in the Town Center-Historic (TC-H) District of the Downtown Specific Plan (Specific Plan No. 45) wherein the project site is located; and
WHEREAS, on August 30, 2022, the Planning Commission held a public hearing at the City Council Chambers on at a special 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, considered the proposed Project and related entitlement applications, and considered the testimony and other public comments submitted by members of the public; and,
WHEREAS, on September 23, 2022, notice of the public hearing before the City Council for the proposed Project and related entitlement applications, and 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; and
WHEREAS, on October 4, 2022, the City Council held a public hearing at the City Council Chambers and determined that approval of the proposed Project is in the best interests of the public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1. Compliance with the California Environmental Quality Act. In accordance with City Council Resolution No. 8391, the Sustainable Communities Environmental Assessment prepared for the project has been adopted in compliance with the California Environmental Quality Act (CEQA).
SECTION 2. Determination of General Plan Consistency. The proposed Project is consistent with the existing General Plan land use designation as ‘Commercial’ and applicable policies pertaining to the Downtown Redlands district as well as development of transit villages around the three Redlands train stations.
SECTION 3. FINDINGS FOR APPROVAL OF TENTATIVE PARCEL MAP.
Tentative Parcel Map No. 20175 is hereby approved based upon the following findings, and subject to the Conditions of Approval from the Development Services Department (Exhibit “A”) and Development Services Land Use Engineering Division (Exhibit “B”) attached hereto:
1. That the proposed map is consistent with the general plan or any applicable specific plan, or other applicable provisions of this code.
The proposed Tentative Parcel Map and 1.49 acres of the project site is designated for Commercial land uses on the General Plan Land Use Map. The Commercial land use category may permit residential uses consistent with the underlying zoning district (in this case, the Downtown Specific Plan). The proposed Project is located within the Town Center-Historic District of the Downtown Specific Plan (Specific Plan No. 45). Following approval of the proposed Specific Plan Amendment No. 23 to the Downtown Specific Plan (Specific Plan No. 45), the project will be consistent with the Specific Plan. Further, the Floor-Area Ratio of 2.0 for the Project will be equal-to or less than the maximum Floor-Area Ratio of 2.0 that is allowable in the Commercial land use category of the Redlands General Plan and the Town Center-Historic District of the Downtown Specific Plan (Specific Plan No. 45).
2. That the site is physically suitable for the type of development.
The project site is physically suitable for the type of development, which consists of a multifamily residential building. The site has a generally flat and level topography, has been previously graded and developed for urban development, and is suitable to be developed in accordance with the Floor-Area Ratio and other requirements of the applicable Town Center-Historic (TC-H) District of the Downtown Specific Plan (Specific Plan No. 45). All on-site improvements and off-site improvements proposed as part of the project’s design will meet all applicable City standards. The proposed project will provide a safe, attractive, affordable, and cost-effective environment for the future residents.
3. That the site is physically suitable for the density of development.
The proposed Tentative Parcel Map will consolidate two parcelsfor development purposes.
The proposed project’s Floor-Area Ratio of 2.0 will be within the maximum Floor-Area Ratio permitted in the Commercial land use designation of the Redlands General Plan and Town-Center Historic (TC-H) District of the Downtown Specific Plan (Specific Plan No. 45). Due to the design and operational character of the proposed project, Floor-Area Ratio is the appropriate index to measure the proposed density/intensity of use(s). The project site’s topography is predominantly flat and level, and the design of the map will generally follow with the existing grade of the projectsite and will not require an excessive amount of grading or ground contouring. In addition to the multifamily residential structure, the site is large enough to accommodate the proposed perimeter improvements, open space areas, landscape areas, public roads and walkways, pedestrian improvements and amenities, and other site design features.
4. That the design of the subdivision orthe proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The City retained an environmental consultant to fully analyze the project, prepare an Initial Study, and review technical reports provided by the applicant. An Initial Study/SustainableCommunities Environmental Assessment document has been prepared in accordance with current State law, and is recommended for the project. There are no environmental effects or impacts that cannot be mitigated to a level of less than significant, and there is no information or evidence of any potentially significant environmental impacts. Mitigation measures are included with the environmental documents, and will be included as Conditions of Approval for the project.
5. That the design of the subdivision ortype of improvements are not likely to cause serious public health problems.
The proposed Tentative Parcel Map will consolidate two parcels for development purposes and is designed to accommodate the multifamily residential project. The subdivision is not likely to cause any serious public health problems, as the project is designed with public and private improvements that comply all applicable City and State building and fire codes. The project’s operational activities are not expected to generate any significant detrimental emissions or odors, dust, vibration, or hazardous conditions.
Construction noise during various phases will notsignificantly affect nearby commercial, residential, or City properties because noise will be mitigated to a level that is less than significant.
6. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for accessthrough or use of property within the proposed subdivision.
The project and will improve access within the project site by requiring the construction of the appropriate public sidewalks and rights-of-way. Pedestrian access will be provided around and through the project site on all interior streets and other walkways, and will connect to off-site pedestrian sidewalks providing direct access to the Santa Fe Depot train station (fully improved sidewalks within public rights-of-way along Third Street, Eureka Street, and Redlands Boulevard) and surrounding areas. The project will not conflict with any easements for the public at large, including the existing storm drain at the southwest corner of the project site.
7. Subject to Section 66474.4 of the Subdivision Map Act, that the land is notsubject to a contract entered into pursuant to the California land conservation act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
The project site and all properties are not subject to a Williamson Act Contract. The proposed development of the project was analyzed by the Initial Study, there will be no impacts to agricultural land, and no mitigation measures are required.
SECTION 4. FINDINGS FOR APPROVAL OF COMMISSION REVIEW AND APPROVAL. Commission Review & Approval No. 911 is hereby approved based upon the following findings, and subject to the Conditions of Approval from the Development Services Department (Exhibit “A”) and Development Services Land Use Engineering Division (Exhibit “B”) attached hereto:
1. The site forthe intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the neighborhood.
The project site is approximately 1.49 acres in size and meets the requirements of the Town Center-Historic (TC-H) District to accommodate the project and all required building setbacks, landscape areas and screening, parking and parking lot improvements, and other required site improvements. The multifamily residential project is consistent with the current General Plan designation for the site and will provide for a residential use and a wider variety of land uses the immediate surroundings. Surrounding propertiesinclude a existing uses which include the Santa Fe Depot, a movie theater, downtown retail, Post Office, professional offices, Smiley Library, public park, Police Annex, and the vacant Redlands Mall facility and CVS (proposed to be redeveloped with an approved mixed use project).
2. The site forthe proposed use relatesto streets and highwayswhich are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.
The project is consistent with the 2035 General Plan. Roadways in the area have been designed and planned to accommodate the type and quantity of traffic to be generated by the proposed multifamily residential project. West Redlands Boulevard along the projectsite’s south frontage is designated as a Major Arterial. Development on the project site will provide connections to the roads abutting the project site consistent with the General Plan designations for those streets. The project includes conditions of approval which will ensure that project will be constructed in accordance with design standards.
3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare.
The conditionsincluded in the Resolution are adequate to protect the public health,safety and general welfare. The proposed project will support development in accordance with the goals and policies of the Redlands General Plan. The environmental document (Sustainable Communities Environmental Assessment) prepared for the project has fully analyzed potential environmental impacts, and all potential effects are either considered less than significant or can be mitigated to a lessthan significant level, ensuring that there will not be any significant detrimental effects to public health, safety, or welfare. The project will provide pedestrian, bicycle, andmotorvehicle access asrequired bytheGeneral Plan or the Redlands Municipal Code. On-site parking will meet the requirements of the Redlands Municipal Code, with access to West Redlands Boulevard, Eureka Street, and Third Street. All landscaping within the project site is privately owned and maintained, and meets the zoning requirements.
SECTION 5. Effective Date. This Resolution shall take effect upon adoption.
ADOPTED, SIGNED AND APPROVED this 4th day of October, 2022. ______________________________
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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 4th day of October, 2022.
AYES:
NOES:
ABSENT:
ABSTAINED:
______________________________
Jeanne Donaldson, City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
(CRA No. 911 & TPM No. 20175)
Planning Division
1. This permit/approval for Commission Review & Approval No. 911 is issued for the “The Grand” multifamily residential project generally described as the following:
a. A total of one hundred and forty-five (145) apartments; b. A total of 183 on-site parking spaces for residents and guests in subterranean and at-grade parking structures; and
c. Private common recreational open space totaling approximately 22,948 square-feet.
2. This permit/approval for a Commission Review & Approval shall automatically expire 24 months after the approval date (will expire on October 4, 2024) unless Developer has diligently developed the proposed project, as shown by the issuance for a grading, foundation, engineering, or building permit(s). An extension of time may be granted in accordance with Sections 18.12.140 and 18.92.090 of the Redlands Municipal Code. The city council may, upon submittal of a written application for a time extension by the holder of the permit and prior to the expiration date, grant a one year extension of time; provided, however, that the total number of extensions shall not exceed three (3).
3. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City.
4. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit.
This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys’ fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the “Security”) in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant’s performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.
5. By signing and/or using this permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with full awareness of the applicable provisions of the Redlands Municipal Code including Title 15 (Buildings and Construction), Title 16 (General Plan), Title 17 (Subdivision Regulations), Title 18 (Zoning Regulations), and Specific Plan No. 45 (Downtown Specific Plan). Failure of the permittee to sign these conditions does not affect their enforceability by the City or other responsible entity. These conditions are binding upon all future property owners and occupants of the subject property.
6. This permit/approval is granted for the project plans dated July 12, 2022 (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions.
7. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code.
8. All plans submitted to the City shall reflect all Planning Commission and/or City Council approvals and any other changes required by the Commission, Council and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project.
9. No Certificate of Occupancy shall be granted, or building permit shall receive final approval and signature, until all applicable Conditions of Approval have been satisfied.
10. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design, grading plan, landscape plan, or building elevations without first consulting with the Development Services Director or designee.
11. A copy of the approved Conditions of Approval shall be included on the cover page of the construction plans submitted to the Building Division.
12. The applicant shall comply with all applicable federal, state, and local laws. Violations or convictions of any of those laws in connection with the use may be cause for revocation of this permit.
13. Developer shall provide off-street parking for the project, including the number/types of spaces, stall dimensions, paving, striping, location, and access, as required by the Redlands Municipal Code. Prior to issuance of a building permit, the Developer shall provide the typical drive aisle width and typical parking space dimensions for each row of parking (within each parking garage or structure) shown on the Floor Plan.
14. Prior to issuance of a building permit, Developer shall submit final exterior building material(s) and color scheme for review and approval by the City Planner or designee. Plans submitted by Developer with building permit applications shall show on the building elevation sheets: all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (such as: stucco with sand finish, plaster with smooth finish, etc.); trim features and dimensions around doors, windows, and other openings; exterior lighting, including all fixtures, models and numbers, and light cut sheets or manufacturer sheets; and rooftop equipment screening.
15. Prior to issuance of a building permit, Developer shall submit landscape and irrigation construction plans for the building and site. Developer shall coordinate with staff to finalize the precise planting plan, including but not limited to: specifying landscape screening for any ground-mounted equipment or utilities; clustering or greater density of planting around focal points (e.g., intersection corners); accommodating the required corner cutoff area where driveways intersect streets; and avoiding excessive use of decorative rock, gravel, or wood chips as a substitute for organic groundcover.
16. All landscaped areas noted on the site plan shall be permanently maintained with healthy planting material, and whenever necessary shall be replanted with suitable vegetation.
Shrubs, hedges, groundcovers, screening landscape, etc., shall be required to be maintained and/or replaced on the subject properties in substantial conformance with the approved landscape planting plan. A qualified arborist or horticulturist may be consulted.
17. Trees shall be allowed to grow to the full genetic height and habit (trees shall not be topped or overly trimmed). Trees shall be maintained using standard arboriculture practices. Trees shall be required to be maintained and/or replaced on the subject properties in substantial conformance with the approved tree planting plan. A qualified arborist or horticulturist may be consulted.
18. Transformer cabinets and commercial gas meters shall not be located within required setbacks and/or adjacent to public streets, and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s).
Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company).
The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits.
19. Plans submitted for plan check shall include an exterior lighting plan, including fixture and pole designs, for review and approval by the Development Services Director or designee.
Prior to building permit issuance, a lighting and photometric plan shall be submitted demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting.
20. Prior to issuance of building permits, Developer shall demonstrate that light poles will not conflict with tree locations. Developer shall submit a plan showing both the lighting and landscape on the same sheet. Fixtures on exterior light poles shall direct lighting downward (e.g., contain a flat lens and/or have shielding that directs light downward and contains glare).
21. Interior parking structures shall provide uniform illumination at a minimum level of two (2.0) foot-candles average maintained across the horizontal surface shall be provided inside each parking structure/garage, and a minimum of one (1.0) foot-candle for exterior parking areas. Higher levels are recommended for remote areas subject to security problems (e.g., stairways, elevators, and other pedestrian access points). For energy conservation, motion sensor devices may be utilized to automatically dim and brighten the lighting (e.g., 50%).
22. Prior to the issuance of building permits, the applicant shall submit plans detailing that roof screening is of adequate height to screen any roof-top equipment from public view on all sides, subject to review and approval by the Development Services Director. Screening of air conditioning units and other equipment on the buildings shall be incorporated into or compatible with the architectural design of the buildings. All equipment shall be screened from public view of adjacent roadways and freeways. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Developer shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color.
23. Any gutters, downspouts, pipes, and other drainage appurtenances shall be designed and shall be placed (e.g., internal to the building or inside the exterior walls) so that they will not be visible from the front of the property (i.e., from public right-of-way) or other major public vantage points.
24. Utility meters shall be fully screened and incorporated into the overall architectural design of the building (e.g., interior room, cabinet with wing wall, or equivalent complete screening). Any enclosures or screening shall be architecturally treated to match the exterior of the attached structure.
25. Telecommunications and television equipment or satellite dishes shall not be located on the exterior of any building (including but not limited to balconies, patios, exterior railings, rooflines, etc.). Dwelling units shall be internally wired for all available utility and telecommunications services, with service devices, panels, or meters located within a centralized equipment room. The equipment room(s) in each building shall be fully enclosed and incorporated into the overall architectural design of the building(s). Any satellite dishes/receivers shall only be located on the roof and shall be completely screened from public view on all sides.
26. The project site shall be kept in a weed and dust free condition throughout all periods of construction.
27. Prior to issuance of any building or engineering permit for any building or phase of the project, the Developer shall prepare and submit a Construction Parking Management Plan for all contractors, workers, and deliveries related to the project site. The Construction Parking Management Plan shall identify areas of the project site, surrounding private properties (with property owner’s authorization), and surrounding public streets that construction personnel may utilize. Deliveries of construction materials, equipment, trailers, vehicles, etc., shall be performed on the project site to the extent practicable, and avoid the use of public streets and rights-of-way if possible. The Developer and/or on-site primary general contractor (superintendent) shall have responsibility for monitoring and enforcing the approved parking management plan. The plan shall be subject to review and approval by the City Planner or designee, and may be modified by the City after approval to mitigate any unanticipated impacts or public nuisance conditions.
28. Prior to any use of any public street or right-of-way for construction-related activities, the Developer shall submit and receive approval for a Traffic Control Plan. Developer shall be responsible for repairing, replacing, or financially compensating any damages to public rights-of-way (including but not limited to paving, sidewalks, driveways, curbs and gutters, storm drain facilities, parkway landscape, street trees, public utilities, etc.) to the satisfaction of the Director(s) of the Municipal Utilities & Engineering Department and/or the Facilities & Community Services Department, or their designee(s), as applicable.
29. Prior to issuance of a final Certificate of Occupancy, Developer shall remove all construction materials and vehicles from the subject property.
30. Developer shall arrange for materials collection during construction, demolition, and occupancy with the City's Solid Waste Division, or Developer shall arrange for self-hauling to an authorized facility.
31. Residential Tenant Parking: All required residential tenant parking shall be provided and maintained on-site. A total of 183 spaces are required, and 183 spaces are provided: 146 spaces for residents (i.e., 1.0 space per unit) and 37 guest parking spaces. a. All residential tenant parking spaces shall be located in the same building in which the assigned dwelling unit is located.
b. All residential tenant parking spaces shall be designated and reserved for the unit to which it is assigned (1.0 space per D.U. for units up to 999 square-feet in size, 1.5 spaces per D.U. for units between 1,000 to 1,499 square-feet in size, and 1.0 space per live/work unit up to 1,499 square-feet in size).
c. For rental apartments, the owner or management company shall be required to rent or charge a separate fee for the parking space(s) assigned to each dwelling unit in the applicable lease (i.e., “unbundled” parking), for the purpose of reducing unnecessary automobile ownership and reducing motor vehicle trips in a transit-oriented development. Condominium (ownership) units, if any, shall not be subject to the unbundling provision.
d. All residential Guest parking spaces shall be available on a first-come, first-serve basis, and the owner shall not designate, reserve, stripe, sign, or otherwise restrict residential Guest parking spaces for individual residential or commercial tenants. All residential Guest parking spaces shall remain equally open and available to all residential guests, visitors, and others.
e. The owner or management company shall not rent or charge a separate fee for residential Guest parking spaces.
32. Loading and unloading of household goods: The loading/unloading of household goods or materials for the residential units (e.g., including but not limited to furniture, appliances, construction materials, and other large items) that takes place within any public or private street, shall be limited to the hours of 7:00 A.M. to 10:00 P.M. on weekdays, and 7:00 A.M. to 10:00 P.M. on weekends and holidays.
33. Noise Notification: As a required element of lease disclosures to potential tenants, residents of this development project shall be notified in writing that they will be living in an urban area and within a commercial land use district (i.e., a downtown business district and/or near a train station), and that the intermittent and ambient noise levels may be higher than a purely residential neighborhood due to nearby business activities, pedestrian activities, special events, motor vehicle traffic, Metrolink and Arrow trains operating at the nearby train station, public services (by City of Redlands or others), and various other noise sources that may not be known at the present time. The commercial noise-generating sources and activities shall have the right to continue operating in accordance with the City’s Noise Ordinance regulations applicable in a commercial zone (see RMC Chapter 8.06, including Sections 8.06.070 and 8.06.080). The signature of the residents shall confirm receipt and understanding of this information.
34. Bus Stop: Prior to issuance of any building permits, Developer shall coordinate improvements to the existing bus stop on the north side of West Redlands Boulevard (easterly of the Third Street intersection) in accordance with RMC Section 18.224.020(F). a. Developer shall purchase one (1) Omnitrans Premium Shelter manufactured by Tolar Mfg. Co., 17 feet in length with a solar e-sign for real-time bus arrival information (or an equivalent approved by the City in consultation with Omnitrans) for delivery to Omnitrans. Omnitrans will be responsible for installing the new shelter at the location.
35. Bicycle Facilities: New nonresidential and multi-family (of 10 or more units) developments shall install bicycle racks or secured lockers at a rate of one per thirty (30) parking spaces with a minimum of a three (3) space bicycle rack. A bicycle storage room within each multifamily residential building providing the required facilities will satisfy this requirement. Exterior bicycle racks shall also be required for visitors. Plans submitted to Plan Check shall include information and specifications to verify this requirement has been met.
36. Before placing or constructing any signs on the project property, Developer shall obtain a sign permit from the City. Sign locations and illumination are subject to review and approval by the Planning Division under separate permit.
Subdivision Conditions
37. Tentative Parcel Map No. 20175 authorizes the merging of 14 parcels and subdivision into one 1.49-acre parcel for development purposes. This Tentative Subdivision Map shall automatically expire 36 months after the approval date for the project, unless Developer has diligently developed the proposed project, as shown by the recordation of a Final Map with the San Bernardino County Recorder’s Office.
38. This permit/approval is granted for the plans dated July 12, 2022 (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions.
39. Any application(s) for an extension of time of the above expiration date shall be filed with the Planning Division not less than 90 days prior to the expiration date and shall comply with Title 17 (Subdivision Regulations) of the Redlands Municipal Code. Upon application by the subdivider prior to the expiration of the approved or conditionally approved tentative map, the tentative map shall be automatically extended in accordance with the Subdivision Map Act.
40. The Final Parcel Map(s) shall comply with the Subdivision Map Act and the Redlands Municipal Code (RMC). The Final Map shall be in substantial conformance with the Tentative Parcel Map and plans submitted by the applicant and placed on file in the office of the Planning Division.
41. Residential condominium construction or future condominium conversions, if any, shall comply with the requirements of Chapter 18.156, Article IV (Condominiums and Condominium Conversions), of the Redlands Municipal Code. Such requirements include but are not limited to:
a. Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in title 25, California Administrative Code, section 1092, or its successor.
b. The consumption of gas and electricity within each dwelling unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shutoff valve shall be provided for each unit.
c. All permanent mechanical equipment, including domestic appliances, which is determined by the building official to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the building official to lessen the transmission of vibration and noise.
d. The anchorages of the permanent mechanical equipment are to be designed to resist the lateral seismic forces, as required by the current edition of the uniform building code. Failure of the city to identify potential sources of vibration on the approval of a specific vibration system does not prevent the city from subsequently requiring additional modification to the mechanical equipment to prevent vibration or noise from being detected in other condominium dwelling units. e. Condominium dwelling units shall comply with all requirements of building, fire and housing codes, zoning provisions, and other applicable regulations in effect at the time of the condominium airspace subdivision application. This shall include preparation and submittal of Covenants, Conditions, and Restrictions (CC&R).
SCEA Mitigation Measures (MM), Project Design Features (PDF), and/or Existing Plans, Programs, Policies (PPP):
42. PPP AQ-1: Rule 403. All applicable measures included in Rule 403, shall be incorporated into Project plans and specifications as implementation of Rule 403, which include but are not limited to (1):
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. • The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are limited to 15 miles per hour or less.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather.
Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day.
43. PPP AQ-2: Rule 1113. The following measures shall be incorporated into Project plans and specifications as implementation of SCAQMD Rule 1113 (2):
• Only “Low-Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113 shall be used.
44. PPP AQ-3: Rule 445. The following measures shall be incorporated into Project plans and specifications as implementation of SCAQMD Rule 445 (3):
• Rule 445 prohibits the use of wood burning stoves and fireplaces in new developments.
45. MM BIO-1: Pre‐construction Nesting Bird Survey. Construction plans and Project specifications shall state that if construction or other Project activities are scheduled to occur during the bird breeding season (February through August for raptors and March through August for most migratory bird species), a pre‐construction nesting bird survey shall be conducted by a qualified biologist to ensure that active bird nests, will not be disturbed or destroyed. The survey shall be completed no more than three days prior to initial ground disturbance. The nesting bird survey shall include the Project area and adjacent areas where proposed Project activities have the potential to affect active nests, either directly or indirectly due to construction activity or noise. If an active nest is identified, a qualified biologist shall establish an appropriate disturbance limit buffer around the nest using flagging or staking. Construction activities shall not occur within any disturbance limit buffer zones until the nest is deemed inactive by the qualified biologist.
46. MM CUL-1: Archaeological Testing and Data Recovery Plan. Prior to approval of any grading permit, the Project Applicant shall retain a qualified archaeologist to prepare an Archaeological Testing and Data Recovery Program. The Archaeological Testing and Data Recovery Program shall be implemented after existing onsite buildings are demolished and prior to ground disturbance and grading. The Archaeological Testing and Data Recovery Program shall include, at minimum, the following procedures:
• Development of an Archaeological Testing and Data Recovery Plan, which shall include:
o Background research and anticipated resource types
o Research questions that can be addressed by the collection of data from the defined resource types
o Field methods and procedures
o Cataloging and laboratory analysis
o Findings and interpretation
• Following the development of the Archaeological Testing and Data Recovery Plan, the Archaeological Testing and Data Recovery Plan shall be provided to the City of Redlands Development Services Director for review and approval. Archaeological testing shall occur, with oversight by the qualified archaeologist, ahead of Projectrelated ground disturbance to identify the presence of archaeological resources within the Project area.
• If no significant archaeological deposits are encountered during testing efforts, Project-related ground disturbance may continue. Archaeological monitoring shall occur during all Project-related ground disturbance, as stipulated in MM CUL-2. A final Archaeological Monitoring Report shall be prepared upon completion of ground disturbance.
• Should potentially significant archaeological deposits be identified during testing efforts, archaeological data recovery shall be implemented by the Project archaeologist. Any excavation and recovery of identified resources shall be performed using standard archaeological techniques and the requirements stipulated in the Archaeological Testing and Data Recovery Plan. Any excavations, testing, and/or recovery of resources shall be conducted by a qualified archaeologist.
Following the completion of data recovery Project-related ground disturbance may continue. Archaeological monitoring shall occur during all Project-related ground disturbance, as stipulated in MM CUL-2. A final Archaeological Monitoring Report shall be prepared upon completion of ground disturbance.
47. MM CUL-2: Archaeological Monitoring. The Applicant shall retain a qualified archaeologist to perform archaeological monitoring and the archaeologist shall be present during initial ground-disturbing activities (e.g., site preparation, demolition of historic structures, and grading up to ten feet below surface) to identify and assess any known or suspected archaeological and/or cultural resource. The qualified archaeologist shall develop a Cultural Resources Management Plan to address the details, timing, and responsibility of all archaeological and cultural resource activities that occur on the Project site. The plan shall include a scope of work, project grading and development scheduling, pre-construction meeting (with consultants, contractors, and monitors), a monitoring schedule during all initial ground-disturbance related activities, safety requirements, and protocols to follow in the event of previously unknown cultural resources discoveries that could be subject to a cultural resources evaluation. The plan shall be submitted to the City and the Consulting Tribe(s) for review and comment, prior to final approval by the City. The Monitoring and Treatment Plan shall incorporate the components described in Mitigation Measure TCR-1.
48. PPP GEO-1: California Building Code. The Project is required to comply with the California Building Code (CBC) as included in the City’s Municipal Code Chapter 15.04 to preclude significant adverse effects associated with seismic hazards. CBC related and geologist and/or civil engineer specifications for the Project are required to be incorporated into grading plans and specifications as a condition of Project approval.
49. PPP WQ-1: SWPPP. As listed below in Section 10, Hydrology and Water Quality.
50. MM PAL-1: Paleontological Resources. Prior to the issuance of the first grading permit, the applicant shall provide a letter to the City of Redlands Planning Department, or designee, from a qualified professional paleontologist pursuant to the 2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the Society for Vertebrate Paleontology (SRV), stating that the paleontologist has been retained to provide services for the project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impacts to unknown buried paleontological resources that may exist onsite for the review and approval by the City. The PRIMP shall require that the paleontologist be present at the pre-grading conference to establish procedures for paleontological resource surveillance.
The PRIMP shall also require paleontological monitoring pursuant to the 2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources by the SRV for ground disturbing activities greater than five feet in depth within native soil, as determined by the Project paleontologist.
In the event paleontological resources are encountered, ground-disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered.
Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes.
Recovery, salvage and treatment shall be done at the Applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.
51. PPP PS-1: Schools Development Impact Fees. Prior to issuance of building permit, the Developer shall pay applicable school development impact fees levied by the Redlands Unified School District pursuant to the School Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.407).
52. PPP PS-2: Park Fees. As a Condition of Approval of a tentative map, the Developer shall pay applicable park related fees pursuant to Redlands Municipal Code Chapter 3.32.
53. PPP PS-3: Development Impact Fees. As a standard requirement and included as a Condition of Approval for the Project, and prior to issuance of any building permits for the Project, the Developer shall pay all applicable City of Redlands Development Impact Fees (DIF) pursuant to the Redlands Municipal Code and/or adopted fee schedules.
54. PPP PS-2: Park Fees. Listed previously in Section 15, Public Services. (See PPP PS-3).
55. MM TCR-1: Retain a Native American Monitor Prior to Commencement of GroundDisturbing Activities.
A. The Project Applicant/Lead Agency shall retain a Native American Monitor from or approved by the Consulting Tribe(s), Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to commencement of any “grounddisturbing activity” for the subject Project at all Project locations (i.e., both onsite and any offsite locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe.
Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”) as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant/Lead Agency upon written request to the Tribe.
D. Onsite tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant/Lead Agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the Project site or in connection with the Project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant/Lead Agency that no future, planned construction activity, and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs.
E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Consulting Tribe(s), Kizh monitor and/or Kizh archaeologist. The Consulting Tribe(s) or Kizh will recover and retain all discovered TCRs in the form and/or manner the Consulting Tribe(s) deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
56. TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects.
A. Native American human remains are defined in PRC 5097.98(d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98 are also to be treated according to this statute.
B. If Native American human remains and/or grave goods are discovered or recognized on the Project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all grounddisturbing activities shall immediately halt and shall remain halted until the coroner has determinate the nature of the remains. If the coroner recognized the human remains to be those of a Native American, or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
D. Construction activities may resume in other parts of the Project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the Project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
57. TCR-3: Procedures for Burials and Funerary Remains.
A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.
B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.
C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.
D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials will be removed.
E. In the event preservation in place is not possible despite good faith efforts by the Project Applicant/developer and/or landowner, before ground-disturbing activities may resume on the Project site, the landowner shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects.
F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery.
The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity.
There shall be no publicity regarding any cultural materials recovered.
G. The Consulting Tribe(s) will work closely with the Project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Consulting Tribe(s), documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Consulting Tribe(s). If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
Building & Safety Division
58. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and a soils report to Building and Safety at the One Stop Permit Center for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal.
59. The new structures are required to be equipped with automatic fire sprinklers per the CBC/CFC, NFPA 13, and the Redlands Municipal Code §15.20.
60. Emergency escape and rescue openings are required in each sleeping room. Such openings shall open directly into a public way or to a yard or court that opens to a public way.
Exception for R-2 occupancies constructed of Type I, IIA, IIIA or IV construction equipped throughout with an approved automatic sprinkler system as per the latest edition of the California Building Code Section 903.3.1.1.
61. Stairway access to the roof at the four-story section is required as per the latest edition of the California Building Code.
62. Office rooms in Units 1D and 2XD that have no emergency escape and rescue openings shall have at least one wall that is at least fifty percent open to the adjoining room. This wall opening shall have no framed in doors to the adjoining room.
63. Building floor allowable areas, area separations, and occupancy separations shall comply with the current edition of the California Building Code.
64. Disabled access for the site and buildings must be in accordance to the State of California and ADA regulations.
65. Required accessible parking for unassigned and visitor parking and assigned parking spaces shall comply with the latest edition of the California Building Code Chapter 11A.
66. The project site is in the FEMA Flood Plain Zone AO with a Base Flood Depth of +1 foot.
An additional +2 foot is required to be added to the Base Flood Depth as per the Redlands Municipal Code §15.32.110 (C) 4. Provide a FEMA Elevation Certificate at time of Construction Drawings, Pad Certification, and at Finished Construction.
Other City Departments/Divisions
67. The attached conditions of approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:
a. Development Services – Land Use Engineering Division (Exhibit B) End of Conditions of Approval
_____________________
Brian Desatnik
Development Services Director
EXHIBIT B
CONDITIONS OF APPROVAL
LAND USE ENGINEERING DIVISION
[ Attached ]
City Council/Successor Agency Meeting K. 3.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: PUBLIC HEARING to consider Resolution No. 8392 to adopt the Amended 6th Cycle 2021-2029 Housing Element (General Plan Amendment No. 144) (Development Services Director Desatnik) (Mayor to declare meeting open as a public hearing)
PROCEDURE FOR PUBLIC HEARING:
1. Mayor declares the meeting open as a public hearing.
2. Mayor calls upon Department Director for report.
3. Mayor calls for questions/comments from members of the City Council.
Mayor calls for comments/questions/testimony from members of the public (3 minutes per speaker).
4. 5. Mayor calls upon City Clerk to note any written comments received.
6. Mayor closes the public hearing.
7. City Council considers the motion and votes.
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council adopt Resolution No. 8392 to adopt the Amended 6th Cycle 2021-2029 Housing Element of the City of Redlands General Plan.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8392 to adopt the Amended the 6th Cycle 2021-2029 Housing Element (click on link) and General Plan Amendment No. 144.
DISCUSSION:
A) Background
The Housing Element is one of the required elements of the General Plan, pursuant to the State Law. It is required to be updated periodically, based on timelines of Housing Element Update “cycle.” Each cycle of Housing Element Update requires local adoption by the City Council, as well as certification by the California Department of Housing and Community Development (“HCD”).
Over the past two years, staff has been working with the City’s consultant, Michael Baker International, Inc, to update the City’s Housing Element in accordance with various housing laws. During the process, city staff and consultants (“project team”) held many public outreach events, as well as workshops with the City Council and the Planning Commission, to present findings of extensive analysis on the City’s current state of housing needs, projected production, fair housing issues, and more. In addition, the project team identified adequate potential housing sites for the Regional Housing Needs Assessment (RHNA) allocation, and presented it to the City Council, Planning Commission, as well as the public throughout the process. Furthermore, the project team evaluated the previous (5th Cycle) Housing Element for accomplishments as well as the effectiveness of housing programs, and develop an updated set of housing programs for the new cycle to further equitable housing goals for the City.
The project team prepared a Draft 2021-2029 Housing Element. It was submitted to the HCD for two rounds of review in September, 2021, and in January, 2022. Revisions were made to the document to address HCD comments.
In order to meet the statutory deadline (February 15th , 2022) set forth by the Housing Element Law for adopting the Housing Element, the City Council adopted the 2021-2029 Housing Element on February 1, 2022 (click here for link to staff report) before certification by the HCD.
B) Summary of HCD Second Round Comment Letter
After the City Council adopted the 2021-2029 Housing Element in February, the City received the second-round review comment letter from HCD in March 2022 (see Attachment A). HCD provided comments regarding the information presented and the data analysis in the following areas.
Housing Needs, Resources, and Constraints.
Housing Programs
Public Participation
Most of the comments focused on the topic of Affirmatively Furthering Fair Housing (AFFH) and programs to address AFFH issues, as well as lack of housing programs addressing housing choices and mobility in south Redlands area. In addition, HCD expressed concerns on lack of housing for the extremely low-income population in the City.
Response to HCD Comments: In response to HCD’s comment letter and following additional guidance from HCD, the project team revised the adopted Housing Element to add new housing programs as well as strengthen some existing programs. The Housing Programs are contained in Chapter 5 of the Amended 2021-2029 Housing Element ( click here for link).
One new program was added to address housing choice and mobility by adopting an affordable housing overlay for education and religious facilities that would allow for the development of residential units as an accessory use (Program 1.1-11). Another new program was added to promote the re-use and conversion of single-family homes, which are located within multiple-family zones, into multi-family units (Program 1.1-10), particularly in the south Redlands area.
In addition, two new programs were added that focus on serving the housing needs of the extremely low-income population. They include providing Supportive Housing and Affordable Housing through the Project Homekey project (Program 1.3-10), as well as a program to provide a Homeless Solutions Coordinator as a city staff member to connect homeless individuals with local services and resources (Program 1.3-11). Both of these programs capture actions that the City has already taken, and will not require additional City resources to implement.
Resubmittal to HCD: Over the past several months, the project team met with HCD staff several times to better understand their comments and to resolve in a timely manner the outstanding issues that have kept the City from receiving certification. The project team revised the adopted Housing Element according to HCD’s comments, and provided the document for public review on the project website in July (click here for link). As of this writing, no public comments have been received.
The project team resubmitted the revised Draft 2021-2029 Housing Element to HCD for a third round of review on July 29, 2022. HCD has 60 days to review and comment on the City’s resubmittal. As of this writing, the City’s Draft 2021-2029 Housing Element is still under review by the HCD. However, the review period will end on September 29, which means the City would either receive another (fourth) comment letter or a certification letter on or before September 29th.
C) Senate Bill 197
Senate Bill 197 was signed into law on June 20, 2022. It changed the Housing Element RHNA rezoning deadlines for jurisdictions in the SCAG region, including the City of Redlands. Prior to Senate Bill 197 becoming a law, jurisdictions in the SCAG region would need to complete rezoning for the RHNA sites by October 15 of this year. However, the new law would extend the rezoning deadline for the City by an additional three (3) years if the following conditions can be met:
1. Submit to HCD a draft 2021-2029 Housing Element and receive a letter from HCD deeming the Housing Element in substantial compliance with the Housing Element Law by October 15, 2022.
2. Adopt the amended 2021-2029 Housing Element by October 15, 2022.
In an effort to satisfy condition 1 above, the project team resubmitted a revised Draft 2021-2029 Housing Element to HCD for a third round of review, and will receive the result of the review by the end of September. Also, staff is presenting the amended 2021-2029 Housing Element to the City Council at this time in order to meet condition 2 listed above. Therefore, the objective is to obtain an additional three years (if necessary) to perform the required rezoning actions as allowed by SB 197.
D) Environmental Review
At the original adoption of the 6th Cycle 2021-2029 Housing Element on February 1st, the City Council adopted an Addendum to the 2035 General Plan and Climate Action Plan EIR in accordance with Section 15641(a) of the CEQA Guidelines.
The revisions that have been incorporated in the Amended 6th Cycle 2021-2029 Housing Element are minor in nature and would not change any existing land use designations or zoning, nor would the amended Housing Element present a new use or intensify a use that was considered under the 2035 General Plan and Climate Action Plan EIR. Therefore, the Amended Housing Element would not result in new or substantially more severe environmental impacts as compared to the Addendum to the 2035 General Plan and Climate Action Plan.
Therefore, no further CEQA analysis is required.
ALTERNATIVES:
No alternatives are offered at this time, and staff does not recommend delaying the adoption of the Amended 6th Cycle 2021-2029 Housing Element.
STRATEGIC PLAN:
STRATEGIC PLAN:
This item is related to Objective D-2 pertaining to the implementation of the City’s affordable housing programs.
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:
Catherine Lin, AICP, Principal Planner
Fiscal Impact
Fiscal Year: 22-23
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:
The adoption of the Amended 2021-2026 Housing Element will not create or result in any fiscal impacts.
Attachments
Attachment A: HCD Comment Letter dated March 4, 2022
Attachment B: Resolution No. 8392
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 4, 2022
Brian Desatnik, Director
Development Services Department
City of Redlands
35 Cajon St.
Redlands, CA 92373
Dear Brian Desatnik:
RE: City of Redlands’ 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Redlands’ (City) revised draft housing element received for review on January 5, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The draft element addresses many statutory requirements described in HCD’s November 15, 2021 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Brian Desatnik, Director
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
HCD appreciates the hard work and dedication you, Catherine Lin, Principal Planner; and your consultants during the housing element update. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Marisa Prasse, of our staff, at [email protected].
Sincerely,
Senior Program Manager
Enclosure
Paul McDougall
City of Redlands’ 6th Cycle Draft Housing Element Page 1 March 4, 2022
APPENDIX
CITY OF REDLANDS
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Integration and Segregation: The revised element includes additional information on segregation and integration by income at the local level; however, the regional analyses for race/ethnicity and income and their conclusions still do not reflect the data that the City is substantially different than the County in regards to income and race/ethnicity. As stated in HCD’s previous letter, and as supported by HCD’s Affirmatively Furthering Fair Housing (AFFH) Data viewer, the regional analyses should be improved to reflect the spatial differences between the City and County by income and race/ethnicity. The element could consider updating its regional maps to show a greater portion of the County as part of this analysis. The element should analyze segregation by race/ethnicity rather than white/nonwhite. The element’s summary of integration and segregation fair housing issues should be revised to reflect the data and analyses.
Disproportionate Housing Needs, Including Displacement: While the element was revised to include a more complete analysis of displacement risk, the element was not revised to address the prior finding regarding the spatial analysis of homelessness and substandard housing. Please see HCD’s prior review.
Local Data and Knowledge and Other Relevant Factors: The revised element includes additional sections summarizing environmental justice and growth management land use measures; however, it does not analyze where these growth management land use measures and voter initiatives originated from, what caused these practices, and the lasting impacts of these actions in the perpetuation of segregation and other fair housing issues.
Contributing Factors: The element must list and prioritize contributing factors to fair housing issues. While the revised element now prioritizes these contributing factors, these City of Redlands’ 6th Cycle Draft Housing Element Page 2 March 4, 2022
factors should be reassessed, prioritized, and revised based on the outcomes of a complete analysis to reflect the most salient fair housing issues. Finally, some contributing factors identified in the element still lack adequately responsive programs (these include but are not limited to geographic (north/south and regional) segregation by race/ethnicity and income, lower environmental quality in downtown census tracts, etc.).
Site Inventory: The element includes maps and graphs of the site inventory that indicate a further entrenchment of many existing fair housing issues, the revised element did not revise the list of identified sites to ameliorate this pattern, and the site inventory is not accompanied by adequate programs to ameliorate these impacts. Furthermore, some of the conclusions in the AFFH site inventory analysis do not reflect the data – there are large portions of South Redlands that are not environmentally constrained by high fire risk (according to CalFire maps) and slopes and have better environmental outcomes (according to CalEnviroScreen) than other parts of the City. While the revised element includes analyses, such as Figure 7.3-5 RHNA Units and City Acreage Comparison by Non-White Population, that addresses RHNA units by income groups (lower, moderate, and above moderate), these graphs or analyses should include the pending projects that constitute the majority of the above moderate RHNA units. These analyses should be revised to include all units that are being utilized to meet the RHNA. While the transit village areas will eventually provide better access to transit mobility options and represent an exciting transit-oriented development opportunity, the element should expand the analysis and list of sites to better formulate development opportunities, goals, actions, and metrics that will result in broader equitable quality of life throughout the community. In addition, the selection and analysis of identified sites should address the significant lack of housing opportunities for lower-income households in the southern portion of the city that are proportionally whiter, more affluent, have significantly improved environmental quality of life, and score higher on the access to opportunity maps so as to address fair housing issues and avoid an isolation of the RHNA.
Goals, Priorities, Metrics, and Milestones: The element largely did not address this finding.
The element must add, or revise programs based on a complete analysis, listing, and prioritization of contributing factors to fair housing issues. Goals and actions must significantly seek to overcome contributing factors to fair housing issues and include metrics and milestones to target meaningful fair housing results. Currently, the element identifies programs to encourage and promote outreach and affordable housing; however, most of these programs do not appear to facilitate any meaningful change nor address AFFH requirements, particularly many of the North/South fair housing issues. Given that significant portions of the City are considered high-income/opportunity areas, and because Redlands is significantly whiter and wealthier than San Bernardino County, the element could focus on programs that enhance housing mobility and encourage development of more affordable housing choices in an inclusive manner throughout the community, including South Redlands. Furthermore, the element should consider programs with substantial place-based investments and protection against displacement in areas of high segregation and poverty. For more information, please see HCD’s guidance at AFFH / Fair Housing (ca.gov).
City of Redlands’ 6th Cycle Draft Housing Element Page 3 March 4, 2022
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) Extremely Low-Income (ELI) Households: While the element now provides some data on ELI households, it must still include analysis as described in the prior review. Based on the outcomes of this analysis, the element should add or modify programs. Please see HCD’s prior review for additional information.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Infrastructure: The element now includes information related to access and availability of infrastructure to identified sites. However, the element must sill clarify whether sufficient total water and sewer capacity (existing and planned) is available to accommodate the regional housing need allocation (RHNA) and include programs if necessary.
Electronic Sites Inventory Form: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, while the City has submitted the electronic inventory as part of this revised draft, upon adoption of the housing element, the City must submit an electronic version of the sites inventory to [email protected].
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)
Historic Preservation Measures: The element was revised to include some additional detail on the South Redlands Housing Conservation Overlay and the City Design and Preservation element processes, yet this analysis must also analyze the additional time and costs posed by these measures. In addition, the analysis must describe the measures’ impact on housing development for all income levels in South Redlands, and where this hinders the ability to create additional housing opportunities in high resource areas.
Processing and Permit Procedures: The element was revised to include a program to remove the conditional use permit (CUP) requirement for multifamily developments greater than 35 units. However, whereas Program 1.2-13 had previously included a program to City of Redlands’ 6th Cycle Draft Housing Element Page 4 March 4, 2022
remove the CUP for projects over 35-feet, in this latest version of the element this provision has been deleted. The element should either clarify the CUP requirement does not apply to heights over 35 feet or modify Program 1.2-13 to clarify and address the CUP requirement for heights.
Zoning, Development Standards, and Fees: The element must clarify its compliance with new transparency requirements for posting all zoning, development standards, and fees on the City’s website and include programs if appropriate. While the revised element includes information regarding noticing of materials in relation to public meetings, the element must still address this finding. Please see HCD’s prior review for additional information.
5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: While the element now discusses several weeks can expire between approvals and plan check review, it must also address the time between approvals and application for building permits and analyze any hinderances on meeting the RHNA.
B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, as described in HCD’s prior review, the element should be revised as follows:
• Program 1.1-1 (RHNA Rezoning): The Program now includes the minimum acreage and other components, it should clarify and commit to all requirements pursuant to City of Redlands’ 6th Cycle Draft Housing Element Page 5 March 4, 2022
Government Code section 85583.2, subdivision (h), such as residential only and affordability provisions.
• Program 1.1-2 (Transit Villages Specific Plan): In addition to committing to acreage and allowable densities, the Program must meet all requirements pursuant to Government Code section 85583.2, subdivisions (h) and (i), such as affordability, minimum density, number of units per site and non-discretionary approvals. • Program 1.3-1 (Surplus Lands): The Program now commits to zoning actions but should still include a schedule of actions as noted in the prior HCD review. • Program 1.1-9 (Lot Consolidation): The Program notes incentives may be considered but should include clear and specific commitment to establish incentive for lot consolidation, including outreach with property owners and potential developers of housing affordable to lower income households.
2. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
While the element now prioritizes some programs for ELI and special needs households, it should consider additional actions to assist development based on the outcomes of a complete analysis. Please see HCD’s prior review for additional information.
In addition, as noted in the review of programs in the prior planning period, several programs were not implemented, lacked data to evaluate effectiveness or had other circumstances impacting effective implementation. As a result, programs should be added or modified as appropriate in response to lessons learned from the prior planning period.
Please see HCD’s prior review for additional information.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A4 and A5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:
• Minimum Lot Sizes: As noted on page 106, minimum lot sizes pose a constraint on the development of housing and as a result, the element should include a program to address the constraint.
• 2022 Local Voter Initiative: HCD understands the Town Village Specific Plan is subject to a local voter initiative that, if approved, would essentially remove the City’s strategy to accommodate the RHNA, including by income group. The revised element includes an analysis on the 2022 Local Voter Initiative, but the element should be revised to include a program with timelines committing the City to City of Redlands’ 6th Cycle Draft Housing Element Page 6 March 4, 2022
immediately remedy any impacts on the City’s adequate sites strategy or HCD may revoke housing element compliance pursuant to Government Code section 65585, subdivision (i). This program may include a clarification of how the City will interpret the local voter initiative in relation to state housing laws, if approved. • Measure U: While the revised element includes Program 1.1-2 to analyze the consistency of Measure U with state housing laws, it should be strengthened to include a commitment to interpret in a manner that facilitates compliance with the RHNA and state housing laws, and adoption of City policies accordingly.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a complete analysis of AFFH. Based on the outcomes of that analysis, the element must add or modify programs to have specific commitment, milestones, and metrics to overcome fair housing issues and to enhance housing mobility strategies, encourage development of new affordable housing in high resource areas, improve place-based strategies, and protect residents from displacement.
C. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The revised element states that it was made available to the public on the City’s website on December 21, 2021 before being submitted to HCD on January 5, 2022. However, the element should be revised to clarify that all prior public commenters and those on the city’s contact list were notified that the revised element was posted to the City’s website, whether the City received any public comments and if so, how those comments were incorporated.
The City must proactively make future revisions available to the public, including any commenters, prior to submitting any revisions to HCD and diligently consider and address comments, including revising the document where appropriate. HCD’s future review will consider the extent to which the revised element documents how the City solicited, considered, and addressed public comments in the element. The City’s consideration of public comments must not be limited by HCD’s findings in this review letter. 1 L:\ca\Reso\8392 Housing Element Update.doc
RESOLUTION NO. 8392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING THE AMENDED 6TH CYCLE 2021-2029 HOUSING ELEMENT (GENERAL PLAN AMENDMENT NO. 144)
WHEREAS, California Government Code Sections 65580-65589.9 require cities to prepare a Housing Element as a component of each city’s General Plan and to revise it regularly on a schedule set forth by law; and,
WHEREAS, the City of Redlands initiated an update to the Housing Element of the General Plan and prepared proposed revisions to the Housing Element for the 2021-2029 planning period (“6th Cycle 2021-2029 Housing Element”), which replaces the Housing Element that covered the planning period from 2013 to 2021; and,
WHEREAS, the 6th Cycle 2021-2029 Housing Element sets forth the housing policies for the City, will facilitate the preservation and development of housing, and will establish programs to accommodate the City’s share of the regional housing need in Southern California; and, WHEREAS, the 6th Cycle 2021-2029 Housing Element complies with the requirements of State law; and,
WHEREAS, in accordance with Government Code Section 65583, the City finds that the proposed 6th Cycle 2021-2029 Housing Element complies with the duty to Affirmatively Further Fair Housing; and,
WHEREAS, the Regional Housing Needs Assessment (RHNA) has allocated the City of Redlands a total of 3,516 new housing units as its share in Southern California region; and, WHEREAS, an extensive public outreach effort was conducted to obtain resident and citizen input into the Draft 6th Cycle 2021-2029 Housing Element including a citywide housing needs survey, individual stakeholder interviews, community meetings held on April 26 and May 13, 2021, Planning Commission study sessions held on April 13 and May 25, 2021, as well as a City Council study session held on June 29, 2021; and,
WHEREAS, the Draft 6th Cycle 2021-2029 Housing Element was reviewed by the State Department of Housing and Community Development (HCD) per Government Code Section 65585(b), and has been revised to address comments from HCD; and, WHEREAS, on December 30, 2021, the Planning Division caused a public notice display advertisement concerning the Planning Commission public hearing to be published in a newspaper of general circulation in the City, in accordance with Redlands Municipal Code and applicable Government Code provisions; and,
WHEREAS, on January 11, 2022, the Planning Commission held a duly noticed public hearing on the Draft 6th Cycle 2021-2029 Housing Element and the addendum to the 2035 General Plan and Climate Action Plan EIR, and considered the staff report, oral report, the testimony and any 2 L:\ca\Reso\8392 Housing Element Update.doc
written evidence submitted by the general public; and,
WHEREAS, on January 11, 2022, the Planning Commission recommended to the City Council the adoption of the 6th Cycle 2021-2029 Housing Element Update and the related addendum to the 2035 General Plan and Climate Action Plan EIR; and, WHEREAS, on January 20, 2021, the City Clerk caused a public notice display advertisement concerning the City Council public hearing for the 6th Cycle 2021-2029 Housing Element Update to be published in a newspaper of general circulation in the City, in accordance with Redlands Municipal Code and applicable Government Code provisions; and, WHEREAS, on February 1, 2022, the City Council held a duly noticed public hearing on the 2021-2029 Housing Element (6th Cycle Housing Element Update) and the related addendum to the 2035 General Plan and Climate Action Plan EIR, and adopted Resolution No. 8292 to adopt the 2021-2029 Housing Element and the related addendum to the 2035 General Plan Climate Action Plan EIR; and,
WHEREAS, on March 4, 2022, the City received written comments from the California Department of Housing and Community Development (HCD) on the adopted 2021-2029 Housing Element, and necessitating revisions to the adopted 2021-2029 Housing Element; and, WHEREAS, the revised 3rd Draft 2021-2029 Housing Element was available for public review in July 2022 through August 2022; and,
WHEREAS, on September 22, 2022, the City Clerk caused a public notice display advertisement concerning the City Council public hearing for the adoption of the amended 6th Cycle 2021-2029 Housing Element Update to be published in a newspaper of general circulation in the City, in accordance with Redlands Municipal Code and applicable Government Code provisions; and WHEREAS, on October 4, 2022, the City Council held a duly noticed public hearing on the adoption of the amended 6th Cycle 2021-2029 Housing Element, and considered the verbal and written staff reports, and the testimony and any written evidence submitted by the general public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT. An addendum to the City of Redlands 2035 General Plan and Climate Action Plan EIR was adopted for the original adoption of the 6th Cycle 2021-2029 Housing Element. The revisions that have been incorporated in the Amended 6th Cycle 2021-2029 Housing Element are minor in nature and would not change any existing land use designations or zoning, nor would the amended Housing Element present a new use or intensify a use that was considered under the 2035 General Plan and Climate Action Plan EIR.
Therefore, the Amended Housing Element would not result in new or substantially more severe environmental impacts as compared to the Addendum to the 2035 General Plan and Climate Action Plan. Therefore, no further CEQA analysis is required.
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SECTION 2. DELEGATION OF AUTHORITY. The delegation of authority to the City Manager, or designee, to address and make non-substantive revisions to the adopted 2021-2029 6th Cycle Housing Element will not be detrimental to the health, safety, and welfare of the general public, and is covered by the Section 15061(b)(3) exemption in accordance with the State CEQA Guidelines.
SECTION 3. The adopted 2021-2029 Housing Element (6th Cycle) may undergo changes that are explanatory or technical in nature, as recommended by HCD, and not substantive policy changes.
Therefore, there is no anticipated effect on the analysis, strategies, policies and programs to address provision of sufficient housing for all income groups, preservation of affordable housing stock, methods to minimize governmental constraints to provision of housing, provision of affordable housing opportunities for low-income and moderate-income households, and the adopted document would remain in compliance with all applicable state and local laws, regulations, and guidelines relating to housing.
SECTION 4. ADOPTION OF THE AMENDED 6TH CYCLE 2021-2029 HOUSING ELEMENT. The City Council hereby rescinds Council Resolution No. 8292 and adopts the amended 2021-2029 Housing Element (6th Cycle Housing Element Update).
SECTION 3. EFFECTIVE DATE. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED this 4th day of October, 2022.
Paul T. Barich, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
4 L:\ca\Reso\8392 Housing Element Update.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 4th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Jeanne Donaldson, City Clerk
City Council/Successor Agency Meeting L. 1.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approval of the Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. (Mayor Barich/Mayor Pro Tem Tejeda)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.
1. RECOMMENDATION:
To approve the Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.
DISCUSSION:
The Employment Agreement with City Manager Charles M. Duggan, Jr. expires on January 31, 2023. The City Council wishes to extend the City Manager’s contract prior to its expiration. It is proposed that the City Council approve a new Employment Agreement. The proposed Employment Agreement for the City Manager proposes the following terms:
Extension of the Employment Agreement for an additional 3 years expiring January 31, 2026
1. 2. A base salary of $280,000
3. Twelve (12) months of severance
Benefits, leave and deferred compensation as set forth in the current contract remain unchanged.
4. This report complies with Government Code Section 54953(c)(3).
ALTERNATIVES:
The City Council may elect not to approve the Agreement and provide alternative direction to staff.
STRATEGIC PLAN:
N/A.
SUBMITTED BY:
Mayor Paul T. Barich and Mayor Pro Tem Eddie Tejeda
RECOMMENDED BY:
Mayor Paul T. Barich and Mayor Pro Tem Eddie Tejeda
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Yvette M. Abich Garcia, City Attorney
Attachments
City Manager Employment Agreement
1 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn
CITY OF REDLANDS
CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (this “Agreement”) is made and entered into the 4th day of October, 2022 (“Effective Date”) by and between the City of Redlands, a general law city and municipal corporation (“City”) and Charles M. Duggan Jr., an individual (“Employee”). For purposes of this Agreement, City and Employee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, it is the desire of City to retain the services of Employee as City Manager and the desire of the Employee to serve in that capacity; and WHEREAS, Government Code section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and WHEREAS, the duties of the city manager of the City are set forth in full in Chapter 2.04 of the Redlands Municipal Code (”RMC”); and
WHEREAS, RMC section 2.04.010 states: “The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council;” and WHEREAS, it is the desire of City to: (1) provide inducement for Employee to remain in City’s employment; (2) make possible full work productivity by providing Employee with assurances regarding his employment; and (3) provide an equitable process for terminating Employee’s services if that should occur; and
WHEREAS, the City Council of the City of Redlands (“City Council”) has determined that Employee has the required executive and administrative qualifications and ability, along with the level of education, experience, skills and expertise to serve as the City Manager of the City; NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows:
AGREEMENT
1. Employment and Duties
1.1 Duties. The City Council hereby appoints Employee as the City Manager for the City to perform the functions and duties of that position, as described in the California Government Code and Chapter 2.04 of the Redlands Municipal Code (as such Chapter may be amended from time to time in the sole discretion of the City Council without any amendment of this Agreement or Employee’s acquiescence), and such other legally permissible and proper duties and functions 2 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn as the City Council shall, from time to time, direct or assign to Employee. Employee agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.
1.2 Term. The City hereby employs Employee as City Manager on an at-will basis commencing as of October 4, 2022, and remaining in effect until January 31, 2026.
1.3 Work Schedule. Employee will report to the entire City Council. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position of City Manager, must be available at all times and devote significant time outside of “normal” City office hours to the business of the City. Employee acknowledges that proper performance of the duties of the City Manager will require Employee to generally observe normal business hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in accordance with City’s “9/80” work schedule), as set by the City and as may be duly revised from time-to-time by the City, and will also often require the performance of necessary services outside of normal business hours. Employee is pre-authorized to work remotely, for periods of time not exceeding two-weeks, four times each year. Employee’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City Manager position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Employee shall not be entitled to any compensation for overtime, nor subject to such overtime provisions of the FLSA.
1.4 Other Activities. Employee shall focus his professional time, ability, and attention to the City’s business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature, to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the City Manager.
1.5 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he shall continue to be an “at-will” employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process predisciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.2 below.
1.6 Exemption from Personnel System. Redlands Municipal Code section 2.56.030 expressly exempts the “City Manager” position from the City’s Personnel System established in Redlands Municipal Code Chapter 2.56. Employee understands, acknowledges and agrees that Employee is exempt from the City’s Personnel System.
1.7 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, 3 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of Employee’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to and comply with the International City/County Management Association (“ICMA”) Code of Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City Council agree that the City Council will not require that Employee violate the ICMA Code of Ethics as part of his employment with the City.
2. Compensation and Reimbursement
2.1 Current Base Salary. Employee shall receive Two Hundred Eighty Thousand Dollars ($280,000) as his annual base salary (“Salary”) for the City Manager position. Employee’s Salary shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid, and shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.
2.2 Salary Adjustment. Following the annual performance evaluation set forth in Section 5.2 hereof, the City Council may increase Employee’s base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 are not automatic and instead shall be at the sole discretion of the City Council.
2.3 Incentive Bonus. Annually, beginning in August 2023, Employee may be eligible for a lump-sum incentive bonus, at the sole discretion of the City Council, for performance substantially above expectations. The City Council will establish criteria as the basis for any bonus that may be awarded and such criteria will be delivered in writing to Employee before December 31 of each year. Employee and City agree that the City Council is not obligated to grant an incentive bonus and that no assurances have been given to Employee that any incentive bonus will be granted during the term of this Agreement.
2.4 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary travel, subsistence, and other City related business expenses incurred by Employee in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the City’s adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable. 4 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn
3. Termination
3.1 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City with at least thirty (30) days prior written notice. In the event Employee terminates this Agreement, Employee expressly agrees that Employee shall not be entitled to any severance pay.
3.2 Termination by the City. The City may terminate this Agreement at any time, with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or without cause, by providing written notice to Employee of the same. The City’s right to terminate Employee pursuant to this Section 3.2 shall not be subject to, or in any way limited by, the City’s Personnel Rules and Regulations, or any subsequent related resolutions, or past City practices related to the employment, discipline or termination of the City’s employees.
Employee expressly waives any rights provided for the City Manager under the City’s Personnel Rules and Regulations, Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager.
(a) Termination by the City for Cause. The City may terminate this Agreement at any time by providing Employee with prior written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including, but not be limited to, any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2) résumé fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave, (4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or abuse of position as City Manager, (5) conviction of a felony under California law, (6) violation by Employee of the City’s anti-harassment policies, as may be amended, or a finding a legally prohibited personal act of harassment against a City official or employee or legally prohibited personal act of discrimination against a City official or employee has occurred and Employee was aware or should have been aware of that act, (7) violation of state law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol that materially affects the performance of required duties as City Manager, (10) engaging in conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or unethical act involving personal gain, including conviction of theft or attempted theft, (12) Employee’s significant mismanagement of City finances, (13) any pattern of repeated, willful and intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15) failure to comply with the ICMA Code of Ethics, as may be amended; or (16) any similar cause.
For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates, for cause, this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay Employee any severance pursuant to section 4, below.
(b) Termination by the City without Cause. The City may terminate Employee without cause, with no less than a sixty (60) day notice of intention to terminate his employment, 5 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn unless such notice period is waived in whole or in part by the City Council, based upon any management reason such as implementing the City’s goals or policies, including, but not limited to: (i) change of administration, or (ii) incompatibility of management styles, or for any other reason, or no publicly stated reason. In the event Employee is terminated without cause, Employee shall be compensated at full pay and benefits until the effective date of termination. If so requested by the City Council, Employee shall continue to use his best efforts and skills to perform his duties during this period and shall fully cooperate with any successor designated by the City Council.
Employee will qualify for severance pay according to Section 4.1 below. Employee expressly agrees Employee shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.
4. Severance
4.1 Severance Pay. In the event Employee is terminated without cause and Employee does not challenge such termination, including, but not limited to, by means of appeal or civil or administrative claim or “liberty-interest” hearing, then the City shall pay to Employee severance in an amount equal to twelve months of Employee’s base salary then in effect.
Notwithstanding any other provision of this Section 4.1, if such proposed severance payment exceeds the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds eighteen (18) months). The severance payment shall not include the monetary value of benefits during said time, but salary only.
4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.1, if Employee initiates termination of this Agreement, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.
4.3 Sole Rights. The severance rights provided in this Section 4 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.
5. Performance Evaluations
5.1. Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate the effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee as City Manager (as set forth in Section 1.6 above), nor shall this Section 5 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder. 6 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn
5.2. Annual Evaluation. The City Council shall endeavor to conduct a formal or informal review and evaluate the performance of Employee on an annual basis within thirty (30) days before the anniversary date of the Effective Date of this Agreement in each year during the term hereof. Such performance review and evaluation may be conducted concurrently with an annual base salary review provided for in Section 2.2 hereof, and in accordance with the purpose noted in Section 5.1 above.
5.3. Establishment of Goals. The City Council will establish performance objectives and goals for Employee in connection with the initial evaluation, and each annual evaluation, of Employee pursuant to this Section 5. Such objectives and goals shall be reasonably attainable within the time frame established by the City Council and within the City’s annual budget.
6. Benefits and Other Compensation
6.1 Professional Development. The City recognizes its obligation to the professional development of the City Manager, and agrees Employee shall be given adequate opportunities to develop and maintain skills and abilities as the City Manager. Employee is expected and encouraged to and does agree to participate in professional organizations and to attend local and regional meetings and conferences related to matters of interest to the City consistent with the time required for such attendance in relationship to Employee’s other responsibilities as determined by the City Council. The City Council hereby agrees to budget an amount, to be determined in the exercise of its sole discretion, to pay the cost, travel and subsistence expense of Employee for professional and/or official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for the City.
Employee shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. The City agrees to pay the annual professional dues and subscriptions necessary for full participation in national, regional, state, or local associations and organizations necessary and desirable for the best interests of the City, and for Employee’s continued professional participation and advancement. To authorize the City’s annual costs related to Employee’s continued professional development, the anticipated costs must be included in the City’s adopted or amended annual budget. The City Council is the approval authority for the City’s annual budget. At a minimum, that may include any professional dues for membership with the ICMA, and the League of California Cities (LCC), as well as including travel expenses and registration for attendance at the annual ICMA conference, the annual LCC General Membership conference (LCC’s Annual Conference), the annual LCC City Manager Department conference, and the annual LCC New Mayor and Council Members Academy.
6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave (“Annual Leave”) at an accrual rate of fifteen and seven one-hundredths (15.07) hours pro rata per pay period. Employee’s Annual Leave is inclusive of all other leave benefits including, but not limited to, sick leave, executive leave, and vacation. Upon separation, for any reason, Employee shall be entitled to one hundred percent (100%) of Employee’s unused Annual Leave balance then existing, at Employee’s then current hourly rate of pay, subject to normal and proper withholdings as determined by state and federal law, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs in the same manner as other employees of the City. 7 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn (a) Holiday Leave. Employee shall be granted the following twelve (12) holidays: New Year’s Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day (twelve 8-hour days).
6.3 Health and Welfare Benefits. Employee shall be entitled to certain rights and privileges no less than all other benefits that are generally accorded to City Department Directors regarding health, welfare and benefits, as provided in the City Department Directors’ Memorandum of Understanding, and no less than as set forth in Exhibit “A” to this Agreement.
6.4 Retirement. Employee is believed to be a New Member/PEPRA, as defined by CalPERS and as mandated by the Public Employees’ Pension Reform Act of 2013. Employee will be classified in the City’s Tier II pension plan. Accordingly, Employee shall be entitled to participate in the City’s CalPERS Retirement Program with the 2% at 62 formula.
6.5 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month as vehicle allowance to reimburse Employee for use of a personal vehicle in pursuit of recognized official duties. The allowance will be paid in the regular payroll process with Salary beginning with the first payroll paid subsequent to the Employee’s commencement date consistent with the payment method of allowances provided to other employees of the City. The allowance is subject to normal and proper withholdings as determined by state and federal law and shall be subject to payroll taxes and other payroll-related liability costs in the same manner as other employees of the City. Employee shall be responsible for any personal income tax that may result from that reimbursement.
6.6 Deferred Compensation. Employee is eligible to participate in the City’s 457(b) and 401(a) deferred compensation programs. Commencing January 2023, on or before the second payroll check date of each calendar year the City will contribute the maximum amount allowed under the law (including catchup provisions for employees 50 years or older) for that year to Employee’s 457(b) deferred compensation plan. Additionally, commencing January 2023, on or before the second payroll check date of each calendar year the City will also contribute the maximum amount allowed under the Public Employees’ Pension Reform Act for that year to Employee’s 401(a) deferred compensation plan in an amount equal to the result of the following formula: the difference between the Base Salary and the applicable pensionable compensation limit, pursuant to Government Code section 7522.10, but in no event higher than the Code 401(a)(17) limit, multiplied by the applicable employer normal cost rate for the City’s miscellaneous plan as determined by CalPERS and set forth in the annual actuarial valuation reports issued by CalPERS. This amount shall not be reported to CalPERS as pensionable compensation and shall not be subject to any withholdings or taxes in accordance with Sections 3121(a)(5)(A) and 3401(a)(12)(A) of the Internal Revenue Code. If at any time the City ceases to participate in either a 457(b) or 401(a) plan, or is otherwise unable to make the contribution, Employee’s salary will be adjusted to include the balance of the unmade contribution.
6.7 Bonding. The City shall bear the full cost of any fidelity or other bonds required 8 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn for Employee under any law or City ordinance.
6.8 Flexible Spending Account. The City provides a Flexible Spending Account (“FSA”) program at Employee’s sole cost and expense (employee cost may be income tax deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA program include childcare, medical expenses not covered by insurance plan, orthodontic work, and similar qualifying expenses.
6.9 Business Equipment. The City will provide to Employee any job-related personal tools or equipment, such as a computer, desk, land-line phone, file cabinets, table and chairs, that serve the professional development of Employee and/or is needed to perform Employee’s functions and duties. Upon termination, for any reason, Employee shall return all business equipment to the City no later than Employee’s last day of employment. The City shall provide a City-owned cell phone for City-related business and functions during, before and after normal work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear. Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistent with control procedures for other City employees. Employee may opt to receive a cellular telephone/smartphone stipend of one hundred dollars ($100) per month in lieu of device and service plan provided by City.
6.10 Additional compensation. The City Council may authorize and grant to Employee additional compensation and/or benefits in the future as may be deemed appropriate. Such additional compensation or benefits shall be made a part of this Agreement by written Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to provide otherwise.
7. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or any other intentional or malicious conduct or gross negligence of Employee.
8. Other Terms - Conditions of Employment. The City Council, in consultation with Employee, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by Employee and the Mayor of the City.
9. General Provisions
9.1 Entire Agreement. This Agreement represents the entire Agreement and understanding between the Parties and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to Employee’s 9 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn employment by the City and contains all of the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of the City governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either Party.
9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.
9.3 Notice. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: EMPLOYEE:
City Clerk Charles M. Duggan Jr.
City of Redlands Address on file with City
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
Redlands, CA 92373
9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the Effective Date 10 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn of this Agreement.
9.8 Government Code Sections 53243 - 53243.4. Government Code sections 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. Those statutes require that contracts between local agencies and certain employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. Those statutes are incorporated herein by reference.
Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
Section 53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
Section 53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.
Section 53243.4. “Abuse of office or position” defined.
Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees any cash settlement or severance related to a termination Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position.
9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
9.10 Prohibition against Assignment. Neither this Agreement nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by him without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this subsection shall, in the sole discretion of and at the option of the City Council, be null and void and may be considered a material breach of this Agreement and “cause” for termination of this Agreement.
11 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn
9.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and Employee has signed and executed this Agreement, all in triplicate.
CITY OF REDLANDS EMPLOYEE
By:___________________________ By:___________________________ Paul T. Barich, Mayor Charles M. Duggan, Jr.
ATTEST:
By:___________________________
Jeanne Donaldson, City Clerk
12 L:\ca\Agreements\Employment Agreements\City Manager\Charles M. Duggan Jr\v.3.final.City Manager Employment Agreement September 2022.docx.jn Exhibit “A”
Additional Benefits
• Medical Insurance – City pays the entire monthly premium for employees and their eligible dependents through PERS Health
• Dental Insurance – City pays the entire monthly premium for employees and their eligible dependents
• Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents
• $150 per year to offset medical insurance co-payments and/or deductibles • Life Insurance - $25,000
• Accidental Death & Dismemberment Insurance - $25,000
• Eligible for State Disability Insurance – All costs paid by employee • Credit Union
• Employee Assistance Program
• Retiree Health
City Council/Successor Agency Meeting L. 2.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Side Letter of Agreement between the City and the Redlands Professional Firefighters Association (Assistant City Manager McConnell)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the Side Letter of Agreement between the City and the Redlands Professional Firefighters Association.
RECOMMENDATION:
Staff recommends City Council approve the proposed Side Letter of Agreement with the Redlands Professional Firefighters Association relating to compensation for paramedic certification and minimum staffing levels.
DISCUSSION:
On June 27, 2022, the Redlands Professional Firefighters Association (RPFA) submitted a request to the City to open their current Memorandum of Understanding (MOU) and negotiate changes to Article 23 - Paramedic Pay to include paramedic incentive for eligible Fire Engineers and Fire Captains and Article 39 - Minimum Staffing to increase the minimum staffing due to a new tiller truck and new fire station.
The City and RPFA have negotiated and agreed to provide paramedic incentive to eligible Fire Engineers and Fire Captains as well as increase minimum staffing when the new tiller truck is in service. The parties have also agreed to re-open the contract to discuss minimum staffing prior to a new fire station becoming operational.
These changes are documented in the attached side letter of agreement. All other provisions of the MOU are unaffected by this agreement.
ALTERNATIVES:
N/A
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Janice McConnell, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
Brent Fuller, President, Redlands Professional Firefighters Association PREPARED BY:
Tommi Ng, Assistant Director, Human Resources/Risk Management Fiscal Impact
Fiscal Year: FY 2022-23
Budgeted Y/N: No
Discussion:
The amendments to Article 23 of the RPFA MOU, entitled "Paramedic Pay," will cost the City an estimated $1,265,021 over the next three years: $386,541 in year 1; $439,240 in year 2; and $439,240 in year 3.
The fiscal impact of the amendment to Article 39 of the RPFA MOU, entitled "Minimum Staffing Levels," is uncertain and is dependent on whether this increased minimum staffing level can be met with or without added overtime costs, which is dictated mainly by the availability of staff to work each shift.
Attachments
RPFA Side Letter
LCW_DMS\RE035\040\10225384.v1-9/22/22
CITY OF REDLANDS AND THE REDLANDS PROFESSIONAL
FIREFIGHTERS ASSOCIATION SIDE LETTER OF AGREEMENT (2022) This Side Letter of Agreement amending the July 1, 2018 — June 30, 2023 Memorandum of Understanding between the Redlands Professional Firefighters Association (RPFA) and the City of Redlands ("City") is made and entered into this 4th day of October, 2022. RPFA and the City are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, on December 5, 2017, RPFA and the City agreed to a Memorandum of Understanding ("RPFA MOU") for the period of July 1, 2018 to June 30, 2023; and WHEREAS, the Parties now wish to implement changes with respect to Articles 23 and 39 of the RPFA MOU; and
WHEREAS, representatives of the City and RPFA have met and conferred in good faith, and now wish to effect changes with respect to Articles 23 and 39 of the RPFA MOU; NOW, THEREFORE, in consideration of the mutual promises contained herein, RPFA and the City agree as follows:
AGREEMENT
Article 23 of the RPFA MOU, entitled "Paramedic Pay," is hereby amended to read as follows:
Effective the first full pay period following approval and adoption of this Side Letter Agreement, all members of Local 1354 (Captains, Engineers and Firefighters) who possess and maintain their paramedic certification shall receive a paramedic compensation allowance, which shall be equal to fifteen percent (15%) of Step 5 of the Firefighter Range.
Article 39 of the RPFA MOU, entitled "Minimum Staffing Levels," is hereby amended to read as follows:
Effective the first full pay period following the tiller truck going into service, the City shall maintain a minimum staffing level, utilizing members of Local 1354. Each engine company will be staffed by three (3) suppression personnel, each truck company will be staffed with four (4) suppression personnel and each paramedic squad will be staffed with two (2) suppression personnel. All engine companies shall have one (1) captain, one (1) engineer, and one (1) firefighter as part of their staffing. All truck companies shall have one (1) captain, two (2) engineers, and one (1) firefighter as part of their staffing. Any advanced life support (paramedic) unit shall have a minimum of two (2) paramedics. Any paramedic assessment unit (PAU) shall have a minimum of one (1) paramedic. The minimum daily staffing levels shall not drop below eighteen (18) personnel excluding the Battalion Chief.
LCW_DMS\RE035\040\10225384.v1-9/22/22
If, during the term of this Side Letter Agreement or any successor MOU, the City is prepared to open a fifth fire station, the parties agree to reopen the Agreement to begin meet and confer discussions regarding Article 39, Minimum Staffing, within no less than three (3) months of the scheduled opening.
This reopener shall be limited to negotiating an increase in minimum staffing to staff a fifth fire station (i.e., the City shall not make any proposals to decrease or eliminate minimum staffing). The parties understand that nothing herein requires the City to increase minimum staffing.
CITY OF REDLANDS REDLANDS PROFESSIONAL
FIREFIGHTERS ASSOCIATION
_______________________________ _______________________________ Paul T. Barich, Mayor Brent Fuller, President
Attest:
_______________________________
Jeanne Donaldson, City Clerk
City Council/Successor Agency Meeting L. 3.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance 2944 amending Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments and determine that the Ordinance is not subject to environmental review pursuant to Section 15060(c)(2) and 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Management
Services/Finance Director Garcia)
MOTION(S):
If the City Council deems it appropriate, staff recommends the following motion:
Mayor requests the City Clerk to read the title of Ordinance No. 2944.
I move to waive further reading of Ordinance No. 2944 and introduce Ordinance No. 2944 and determine that the Ordinance is not subject to environmental review pursuant to Section 15060(c)(2) and 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act.
1. RECOMMENDATION:
Staff recommends approval of Ordinance No. 2944 to amend Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments.
DISCUSSION:
Ordinance No. 2944 proposes to amend the Redlands Municipal Code Section
13.12.020 ("Due Date") to provide clarification and simplify the qualification for a customer to receive a late fee waiver once every twelve (12) months.
The current language for Municipal Code Section 13.12.020 B states:
The current language for Municipal Code Section 13.12.020 B states:
"A customer who has an "A" rated payment record, upon request from such customer, may have the customer's late charge waived by city staff. Customers obtain an "A" rated payment record by paying all charges for water, wastewater, and refuse services, or any other city provided services on, or prior to, said due date since the establishment of service, or for a continuous period of at least twelve (12) months. "
Ordinance No. 2944 proposes to modify the language to allow a customer to request one late fee waiver once every twelve (12) months. Amending Chapter
13.12 will clarify the code and simplify processes for city staff to waive late fees for customers.
ALTERNATIVES:
The City Council may choose to reject, modify, or table the proposed Ordinance No. 2944.
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Aimee Hoover, Revenue Supervisor
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:
The fiscal impact associated with approval of Ordinance No. 2944 is estimated to be immaterial to the overall budget of each of the City's utility operations.
Attachments
Ordinance No. 2944 Legislative
Ordinance No. 2944 Clean
1 L:\ca\Ord\2944 Amending Chapter 13.12 Legislative.docx ORDINANCE NO. 2944
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
13.12 OF THE REDLANDS MUNICIPAL CODE RELATING TO UTILITY
DUE DATES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 13.12.020 of the Redlands Municipal Code, titled “Due Date,” is hereby amended to read as follows:
“13.12.020: DUE DATE:
A. The city may use a unified billing system for city provided services. The charges for water, wastewater, and refuse service, or any other city provided services, may be billed on one bill and collected as one item. Failure to pay the amount due in full for any of the services may result in the discontinuation of water services.
B. All bills and charges for service shall be due and payable upon presentation and shall become delinquent twenty six (26) days thereafter. If the bill is not paid on, or prior to, said due date, the billing shall be considered delinquent and a late charge shall be levied upon the unpaid balance as follows:
1. For any account with an unpaid balance, a onetime charge of ten percent (10%) of the unpaid balance per service shall be assessed.
2. This charge shall be due and payable immediately upon accrual.
3. A customer who has an "A" rated payment record, upon request from such customer, may have the customer's late charge waived by city staff. Customers obtain an "A" rated payment record by paying all charges for water, wastewater, and refuse service, or any other city provided services on, or prior to, said due date since the establishment of service, or for a continuous period of at least twelve (12) months. Upon request from the customer, one (1) late charge may be waived by city staff once every twelve (12) months.
4. In lieu of imposing a late charge upon a customer’s delinquent water service billings, the City may offer to any customer of the city’s water service who has a delinquent water service billing the option to participate in the city’s automatic payment plan rather than be responsible for the payment of late charges pursuant to subsection 1, above.
Such participation, if agreed to by the water service customer, shall be for a period of one (1) year. In the event the customer terminates his or her participation in the automatic payment plan during such one (1) year period, the customer shall immediately become liable for the late charges and penalties that would otherwise have been imposed on the customer’s delinquent water service account.
2 L:\ca\Ord\2944 Amending Chapter 13.12 Legislative.docx C. Service may be discontinued upon written notice required by law if payment of all charges is not made prior to the date such service becomes delinquent, to the extent authorized by law.
D. If any owner or agent pays for water service on more than one property or unit, service may be discontinued on all properties for failure to pay on any one property. Procedures and charges for restoration of service are set forth by resolution and section 13.12.050 of this chapter.
E. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the city, and any person, firm or corporation failing, neglecting, or refusing to pay said indebtedness shall be liable in a civil action brought by the city in any court of competent jurisdiction for the amount thereof.
F. In addition to any other remedies it may have for the collection of delinquent accounts, the city may cause notice of a hearing on delinquent accounts in accordance with Government Code sections 25831 and 38790.1. Such notice shall be mailed to property owners listed as delinquent accounts not less than ten (10) days prior to the date of the hearing. At the hearing, the city council shall hear any objections or protests of such property owners. The city council may make such revisions, corrections or deletions to the report of delinquent accounts as it deems just, after which, by resolution, the report shall be confirmed. The delinquent charges set forth in the delinquent account report may be placed as a lien on such properties for the amount of such delinquent charges plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the city clerk for the current tax roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such liens.”
Section 2. The City Council finds and determines that the adoption of this Ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 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 3. 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 3 L:\ca\Ord\2944 Amending Chapter 13.12 Legislative.docx declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable.
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.
_________________________________
Paul T. Barich, Mayor
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
4 L:\ca\Ord\2944 Amending Chapter 13.12 Legislative.docx I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the ________ day of October 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Jeanne Donaldson, City Clerk
1 L:\ca\Ord\2944 Amending Chapter 13.12 Clean.docx
ORDINANCE NO. 2944
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
13.12 OF THE REDLANDS MUNICIPAL CODE RELATING TO UTILITY
DUE DATES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 13.12.020 of the Redlands Municipal Code, titled “Due Date,” is hereby amended to read as follows:
“13.12.020: DUE DATE:
A. The city may use a unified billing system for city provided services. The charges for water, wastewater, and refuse service, or any other city provided services, may be billed on one bill and collected as one item. Failure to pay the amount due in full for any of the services may result in the discontinuation of water services.
B. All bills and charges for service shall be due and payable upon presentation and shall become delinquent twenty six (26) days thereafter. If the bill is not paid on, or prior to, said due date, the billing shall be considered delinquent and a late charge shall be levied upon the unpaid balance as follows:
1. For any account with an unpaid balance, a onetime charge of ten percent (10%) of the unpaid balance per service shall be assessed.
2. This charge shall be due and payable immediately upon accrual.
3. Upon request from the customer, one (1) late charge may be waived by city staff once every twelve (12) months.
4. In lieu of imposing a late charge upon a customer’s delinquent water service billings, the City may offer to any customer of the city’s water service who has a delinquent water service billing the option to participate in the city’s automatic payment plan rather than be responsible for the payment of late charges pursuant to subsection 1, above.
Such participation, if agreed to by the water service customer, shall be for a period of one (1) year. In the event the customer terminates his or her participation in the automatic payment plan during such one (1) year period, the customer shall immediately become liable for the late charges and penalties that would otherwise have been imposed on the customer’s delinquent water service account.
C. Service may be discontinued upon written notice required by law if payment of all charges is not made prior to the date such service becomes delinquent, to the extent authorized by law.
D. If any owner or agent pays for water service on more than one property or unit, service may be discontinued on all properties for failure to pay on any one property. Procedures 2 L:\ca\Ord\2944 Amending Chapter 13.12 Clean.docx
and charges for restoration of service are set forth by resolution and section 13.12.050 of this chapter.
E. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the city, and any person, firm or corporation failing, neglecting, or refusing to pay said indebtedness shall be liable in a civil action brought by the city in any court of competent jurisdiction for the amount thereof.
F. In addition to any other remedies it may have for the collection of delinquent accounts, the city may cause notice of a hearing on delinquent accounts in accordance with Government Code sections 25831 and 38790.1. Such notice shall be mailed to property owners listed as delinquent accounts not less than ten (10) days prior to the date of the hearing. At the hearing, the city council shall hear any objections or protests of such property owners. The city council may make such revisions, corrections or deletions to the report of delinquent accounts as it deems just, after which, by resolution, the report shall be confirmed. The delinquent charges set forth in the delinquent account report may be placed as a lien on such properties for the amount of such delinquent charges plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the city clerk for the current tax roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such liens.”
Section 2. The City Council finds and determines that the adoption of this Ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 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 3. 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 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.
3 L:\ca\Ord\2944 Amending Chapter 13.12 Clean.docx
_________________________________
Paul T. Barich, Mayor
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
4 L:\ca\Ord\2944 Amending Chapter 13.12 Clean.docx
I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the _______ day of October 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Jeanne Donaldson, City Clerk
City Council/Successor Agency Meeting L. 4.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the public works construction contract with Armstrong Cal Builders, Inc. for an amount not-to-exceed $1,033,800 for the Joslyn Senior Center Renovation Project No.
FCS10252021ER, approve an additional appropriation of
$180,535.38 related thereto, and make a determination that the project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine that the approval of the non-professional services agreement with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act;
1. I move that the City Council approve an additional appropriation of $180,535.38;
2. I move that the City Council approve an award of the public works construction contract to Armstrong Cal Builders, Inc. in the amount of $1,033,800 for the Joslyn Senior Center Renovation Project No.
FCS10252021ER.
3. RECOMMENDATION:
Staff recommends that the City Council determine that approval of the public works construction contract is categorically exempt from environmental review in accordance with Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act. In addition, staff recommends that the City Council approve an additional appropriation of $180,535.38, and further approve an award of the public works construction contract with Armstrong Cal Builders, Inc., for an amount not-to-exceed $1,033,800 for the Joslyn Senior Center Renovation Project No. FCS10252021ER.
DISCUSSION:
This project was initiated last year on July 6, 2021, Agenda Item No.K.2, when the City Council approved the County of San Bernardino's FY 21/22 CDBG grant funding. One of the approved projects included in the grant funds was the renovation of the Joslyn Senior Center kitchen located at 21 Grant Street. The scope of the project consists of the construction of a commercial kitchen, renovation of existing restroom facilities, installation of a grease interceptor, minor site improvements, interior, and exterior ADA upgrades. SGH Architects prepared plans and specifications and city staff advertised the project on November 10, 2021. As a result, on December 20, 2021, the City Clerk's office received and opened three bids for the project. Staff reviewed the bids and identified R-Dependable Construction Inc. as the lowest responsive bidder with a total bid amount of $808,000.
However, on February 24, 2022, the City received a letter from the lowest responsive bidder requesting a 10% increase as a result of rising subcontractors’ and material supplier’s prices since the opening of the bid. In addition, on March 14, 2022, the City received a second letter from the lowest responsive bidder requesting an increased total bid amount of $945,000. The additional request exceeded the available funding and as such, on May 17, 2022, the City Council approved the rejection of all bids received on December 20, 2021.
Subsequently, staff revaluated the project's cost and available funding and on June 30, 2022, re-advertised the project. Additional funds were identified for use, which include the CDBG grant funds for the Senior Center ADA parking lot improvements and the Sylvan Park restroom renovation projects. The ADA parking improvements were completed under the scope of the repaving project and therefore CDBG funds were not utilized. The Sylvan Park restroom renovation project is currently undergoing design drawings and is tentatively scheduled for construction next year; however, funds available for this project will be supplemented by the Palmetto Grove Funds originally requested for use in this project and will be brought back to City Council for consideration at a later date.
There is currently $1,033,800 in funds available for this project, which includes $957,264.62 from the County Community Development Block Grant Program (REDL-20-1-30A/0184), and $180,535.38 in donated funds to fund the remaining portion of Joslyn Center Renovation. A total of $1,137,180 is needed to complete the project ($1,033,800 plus a 10% contingency of $103,380).
On June 30, 2022, City staff re-advertised the project and on August 10, 2022, the City Clerk's office received and opened (6) bids for the project. The bids were reviewed by staff to determine if they were responsive to bid requirements.
Based on the attached bid analysis, Armstrong Cal Builders Inc. is the lowest responsive and responsible bidder. Therefore, it is recommended that the City Council award a public works construction contract to Armstrong Cal Builders Inc., for an amount not-to-exceed $1,033,800. If approved, it is anticipated the project will be completed within ninety (90) calendar days from issuance of a Notice to Proceed.
The following six (6) Project bids were received before the submittal deadline:
BID OPENING REPORT SUMMARY
BIDDER BID AMOUNT
Armstrong Cal Builders, Inc. $1,033,800
AG Construction ** $1,225,000
BWW & Co., Inc. $1,292,090
MLC Construction, Inc. *$1,382,043
LM Rasmussen $1,325,930
J.A. Urban, Inc. $1,437,767
*An error was discovered in the bid proposal. The bid additive price was provided but not added to the total. The total bid amount was corrected and highlighted in the attached bid analysis to identify errors, but did not affect the ranking.
**The Bid additive price was not provided. Therefore, the bid proposal submitted was determined to be inadequate.
Furthermore, this project is categorically exempt from environmental review in accordance with Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves the construction of a commercial kitchen, renovation of existing restroom facilities, installation of a grease interceptor, minor site improvements, selective demolition, interior, and exterior ADA upgrades at an existing city facility.
ALTERNATIVES:
The City Council may elect not to approve the award of the public works construction contract and direct staff accordingly. However, electing not to approve the contract may result in a loss of the CDBG funding as the project needs to be completed in a timely manner.
STRATEGIC PLAN:
The project supports Strategic Plan Priority D, Strategic Objective 3.
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:
There is currently $1,033,800 in funds available for this project, which includes $957,264.62 from the County Community Development Block Grant Program (REDL-20-1-30A/0184), and $180,535.38 in donated funds to fund the remaining portion of Joslyn Center Renovation.
A total of $1,137,180 is needed to complete the project ($1,033,800 plus a 10% contingency of $103,380).
PROJECT FUNDING
Community Development Block Grant Funds $957,264.62
Joslyn Center Donation Funds $180,535.38
TOTAL $1,137,800.00
Attachments
Additional Appropriation
Armstrong Cal Builders, Inc. Contract
Bid opening report
Bid Analysis
DATE OF REQUEST:
An additional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$ -
$ -
TRANSACTION NO:
ACCOUNTING PERIOD:
Account Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) Account Description Orgkey Object Code Amount Department Head
City Manager
CITY OF REDLANDS
REQUEST FOR ADDITIONAL APPROPRIATION
FINANCE USE ONLY
L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 4th day of October, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Armstrong Cal Builders, Inc., a California corporation. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Joslyn Senior Center Renovation , complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Joslyn Senior Center Renovation , Project No. FCS10252021ER (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of one million three hundred thirty-three thousand eight hundred dollars ($1,033,800.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within ninety (90) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.
4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500.00) for each consecutive calendar day in excess of the specified time for completion of the Work.
Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500.00) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Paul T. Barich, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Community Services Department
Joslyn Senior Center Renovation Project
Project No. FCS10252021ER
______________________
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2022.
_____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Armstrong Cal Builders Inc. (hereinafter designated as "Principal") have entered into an agreement dated October 4th, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Joslyn Senior Center Renovation Project No.
FCS10252021ER and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of one million three hundred thirty-three thousand eight hundred dollars ($1,033,800.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
L:\ca\Agreements\Armstrong Cal Builders Inc-Public Work Contract-FY22-0028.doc-jm
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Armstrong Cal Builders Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated October 4th, 2022, and identified as Joslyn Senior Center Renovation Project No. FCS10252021ER is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one million three hundred thirty-three thousand eight hundred dollars ($1,033,800.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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ATTACHMENT "C"
PROJECT NO.FCS10252021ER BID DATE: 10-Aug-2022
JOSLYN SENIOR CENTER RENOVATION PROJECT EST. START DATE: 1-Oct-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Installation per plans, Plan Check COR R#1 date
9/16/21 1 LS $997,000.00 $997,000.00 $1,194,090.00 $1,194,090.00 $1,229,930.00 $1,229,930.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Base Bid
1 Bid Additive Alternate Price 1 LS $36,800.00 $36,800.00 $98,000.00 $98,000.00 $96,000.00 $96,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Additive
Total Base Bid Plus Additive Bid
Bid Additive
$36,800.00 $98,000.00 $96,000.00
$997,000.00 $1,194,090.00 $1,229,930.00
CITY OF REDLANDS
FACILITIES AND COMMUNITY SERVICES DEPARTMENT
BID ANALYSIS
Item
No.
LM Rasmussen Bid Item Quantity Unit
Armstrong Cal Builders
Inc. BWW & Company Inc.
$1,033,800.00 $1,292,090.00 $1,325,930.00
Low Bidders #1, #2 and #3
Sheet 1 of 2
ATTACHMENT "C"
PROJECT NO.FCS10252021ER BID DATE: 10-Aug-2022
JOSLYN SENIOR CENTER RENOVATION PROJECT EST. START DATE: 1-Oct-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Installation per plans, Plan Check COR R#1
date 9/16/21 1 LS $1,317,043.00 $1,317,043.00 $1,347,661.00 $1,374,661.00 $1,225,000.00 $1,225,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Base Bid
1 Bid Additive Alternate Price 1 LS $65,000.00 $65,000.00 $63,106.00 $63,106.00 $0.00 $0.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Additive
Total Base Bid Plus Additive Bid
CITY OF REDLANDS
FACILITIES AND COMMUNITY SERVICES DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit MLC Construction, Inc. J.A. Urban Inc. AG Construction $1,317,043.00 $1,374,661.00 $1,225,000.00
Bid Additive
$65,000.00 $63,106.00 $0.00
$1,382,043.00 $1,437,767.00 $1,225,000.00
Not Responsive - Price for the Bid
additive is not provided
Bid additive price is provided
but not added to the Total
Low Bidders #4 , #5 and #6
Sheet 2 of 2
City Council/Successor Agency Meeting L. 5.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an Operations and Maintenance Agreement with the San Bernardino California Transportation Authority for the City’s maintenance and security obligations at the Downtown Station for the Redlands Passenger Rail Project and determine that approval of the agreement is not subject to environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine that approval of an Operations and Maintenance Agreement with the San Bernardino California Transportation Authority is not subject to environmental review pursuant to Section 15162 of the State's Guidelines implementing the California Environmental Quality Act; and
1. I move to approve an Operations and Maintenance Agreement with the San Bernardino California Transportation Authority for the City’s maintenance and security obligations at the Downtown Station.
2. RECOMMENDATION:
Staff recommends that the City Council approve the Operations and Maintenance Agreement with the San Bernardino California Transportation Authority and determine that the approval of the agreement is exempt from environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Quality Act.
DISCUSSION:
The San Bernardino County Transportation Authority (SBCTA) is currently testing the Redlands Passenger Rail Project (RPRP) in anticipation of the inauguration of the Arrow Service in the fall of 2022. The RPRP is a nine-mile regional rail project that provides additional transportation choices by introducing a new rail service, known as the Arrow, which integrates with other transportation modes such as auto, bus, and bicycle. When complete, the Arrow will connect Redlands and San Bernardino and will offer residents, businesses, and visitors a new commuting option to travel to a variety of leisure, education, and healthcare destinations.
Upon completion of the RPRP, there will be three commuter rail stations within the City. The Esri station, which is located at Redlands Boulevard and New York Street; the Downtown Station, located on Orange Street; and the University Station, located near University Street and Park Avenue. Esri will provide security and maintenance for the station located on New York Street while the City agreed to maintain, under a Cooperative Agreement with San Bernardino Associated Governments, the Downtown Station and the University Station and parking lot.
The Downtown Station will consist of the Arrow Service Platform at the historic Redlands Depot and a Metrolink Platform between Eureka Street and the Historic Depot, as well as 200 parking spaces within an adjacent parking structure to be used for the station. The Operations and Maintenance Agreement addresses responsibilities for the maintenance and security of the commuter rail platforms and parking lot. In anticipation of the maintenance requirements for both the Downtown and University platforms, a new Ground Maintenance position was added to the Facilities and Community Services Department within the operating budget for Fiscal Year 2022-23. The City is responsible for the following maintenance of the Platform and Parking Lot areas:
Landscape/Irrigation (Bi-Weekly)
Trash pickup/cleanup (Daily)
Platform washing (Weekly)
Graffiti Removal / Vandalism Repairs (as needed)
Plumbing/Electrical (Annually or as needed)
Storm Drain System (including inlets) (as needed)
Also, the City is responsible for the provision of security for the Downtown Station. SBCTA and the City have agreed that initially a uniformed guard will be provided beginning 15 minutes prior to the arrival of the first train until 30 minutes after the last scheduled train departs. The estimated annual cost is $280,000 for the security of the Downtown Station.
The terms of the Operations and Maintenance Agreement include the following:
SBCTA is responsible for reimbursing the City for costs associated with maintenance and security for the initial two-year period commencing with the inauguration of the Arrow service.
The City is responsible for 100% of costs after the initial two-year period.
The level of security will be re-assessed after 18 months; and A License Agreement for Right-of-Way.
SBCTA (Lead Agency under the California Environmental Quality Act) and the FTA, Region 9, (Lead Agency under the National Environmental Policy Act) prepared an Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) for the Redlands Passenger Rail Project, which was adopted on March 4, 2015. SBCTA completed a review of the minor design revisions and concluded that no further environmental analysis is required. The Downtown Station Operations and Maintenance Agreement does not meet any of the conditions included in the California Environmental Quality Act Guidelines Section 15162, which would require a subsequent EIR.
ALTERNATIVES:
The City Council may elect not to approve the Operations and Maintenance Agreement and provide alternative direction to staff.
STRATEGIC PLAN:
Supports Priority A - Quality of Life
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Tricia Swope, Manager, Facilities & Community Services
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:
SBCTA shall be responsible for 100% of the costs associated with the maintenance and security of the Downtown commuter rail station and parking lot for the first two years, commencing with the inauguration of the Arrow service. The estimated cost for the provision of security for the Downtown Station is $280,000. The agreement for the provision of security with a qualified security company must also be approved by the City Council. Maintenance of the Downtown Station and University Station will be addressed by a full-time City employee. The fully burdened cost for the full-time employee is $67,000 annually. Both the cost of the maintenance employee and the cost of station security are included in the FY 2022-24 bi-annual budget as approved by City Council. The parties will meet no later than eighteen months after the start of revenue service to evaluate the minimum security requirements for the commuter rail station platform areas and parking lot.
Attachments
Agreement and Exhibits 21-1002655 with SBCTA for Downtown Station SBCTA Contract No. 21-1002655
AGREEMENT NO. 21-1002655
BY AND BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF REDLANDS
FOR
REDLANDS – DOWNTOWN STATION
OPERATIONS AND MAINTENANCE
THIS AGREEMENT (“AGREEMENT”) is hereby made, entered into and effective on the date the last PARTY signs it, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”) and the CITY OF REDLANDS (“CITY”).
SBCTA and CITY are sometimes individually referred to as “PARTY” and are collectively referred to as the “PARTIES.”
WHEREAS, the CITY and SBCTA previously entered into a Cooperative Agreement, SBCTA Contract No. C97-026, dated October 1, 1996, with regard to the planning, design, construction, operation and maintenance of the Downtown Redlands Station, including a commitment to make available 200 parking spaces within a quarter mile of a future rail terminal; and
WHEREAS, SBCTA and CITY are parties to a Memorandum of Understanding, SBCTA Contract No. 15-1001047, dated February 12, 2015, as amended April 24, 2019 and July 16, 2018, defining the roles of SBCTA and CITY in design and construction of the Downtown Redlands Station and incorporating CITY-requested betterments into SBCTA’s Redlands Passenger Rail Project (“PROJECT”); and
WHEREAS, the PROJECT will now construct both an Arrow Service Platform at the historic Redlands Depot and a Metrolink Platform between Eureka Street and the historic Depot, collectively to be known as Downtown Redlands Station; and WHEREAS, the PARTIES desire to enter into this AGREEMENT to further define the roles and responsibilities of the PARTIES for the maintenance and security of the Downtown Redlands Station; and
WHEREAS, the CITY has acquired a Parking Easement for 200 parking spaces within a parking structure being constructed immediately north of and adjacent to the Downtown Redlands Station; and
WHEREAS, after this AGREEMENT has been in effect for 18 months, the PARTIES will meet and evaluate the performance and costs of the security services provided under this L:\ca\Agreements\SBCTA M&O Agreement FY22-0032.docx-jm
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AGREEMENT, and will mutually agree upon any revisions needed to the level of effort for security provided under this AGREEMENT; and
NOW, THEREFORE, the PARTIES hereby mutually agree as follows:
I.
DEFINITIONS
1.1. Definitions. As used in this AGREEMENT, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense include the future tense, words used in the singular shall include the plural, and plural words shall include the singular. Words not specifically defined shall be given their common and ordinary meaning.
a. “Non-Operating Property” shall refer to such real property and facilities, excluding Operating Property, on which the Commuter Rail Station is situated, shown as Area “A” on Exhibit “A,” Property. Non-Operating Property shall also include the Standard Platform.
b. “Operating Property” shall refer to the real property owned by SBCTA that is used for railroad operations, including but not limited to railroad trackage right-of-way, rails, ties and ballast, shown as Area “B” on Exhibit “A,” Property. c. “Standard Platform” shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in Exhibit “B,” Standard Platform.
d. “Station Site” shall refer to SBCTA’s real property purchased from the Atchison, Topeka and Santa Fe Railway Company and/or other persons upon which the subject Station is built, as shown in Exhibit “A,” Property.
e. “Commuter Rail Station” shall refer to the commuter rail passenger terminal and all Operating Property and Non-Operating Property associated therewith. The Commuter Rail Station is shown as Areas “A” and “B” on Exhibit “A,” Property. f. “SCRRA” shall refer to the Southern California Regional Rail Authority. g. “Betterments” shall refer to facilities which are not required for the PROJECT nor required by CITY zoning or building regulations, but rather are enhancements to the PROJECT.
h. “Parking Lot” shall refer to the parking lot spaces located within the Parking Easement in the parking structure located immediately north of and adjacent to the Commuter Rail Station, which will serve the Commuter Rail Station. The Parking Lot is shown as Area “C” on Exhibit “A,” Property. The Parking Easement is attached to this Agreement as Exhibit “C,” Parking Easement. i. “Arrow” shall refer to the commuter rail service operated by SCRRA.
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SBCTA Contract No. 21-1002655
II.
PURPOSE OF COOPERATIVE AGREEMENT
2.1. Maintenance and Security of the Commuter Rail Station. The purpose of this AGREEMENT shall be to provide for the maintenance and security of the Commuter Rail Station.
III.
OWNERSHIP OF PROPERTY
3.1. Commuter Rail Station Vesting of Title. The PARTIES agree that title to the Commuter Rail Station shall be held as follows:
a. SBCTA shall hold title to the Commuter Rail Station shown as Areas “A” and “B” on Exhibit “A”.
b. CITY shall hold the easement rights set forth in the Parking Easement, Exhibit “C” IV.
TERM OF AGREEMENT
4.1. Term. The term of this AGREEMENT is hereby effective on the date the last PARTY signs it, and shall continue thereafter until terminated as provided for in Article XV - Termination of Agreement.
V.
COMMUTER RAIL STATION
5.1. Maintenance of Commuter Rail Station. CITY shall oversee the maintenance of the Commuter Rail Station Non-Operating Property. The Commuter Rail Station platform maintenance areas are shown as Area “A,” Commuter Rail Station Non-Operating Property, on Exhibit “A”, Property.
a. CITY shall arrange for and provide the maintenance of the Commuter Rail Station platform areas as set forth in Exhibit “D,” Maintenance Schedule. b. CITY shall be 100% responsible for all costs required to operate and maintain the Commuter Rail Station Non-Operating Property, including, but not limited to, the costs of liability insurance, maintenance of the Standard Platforms, signage, security, perimeter landscaping, utilities and lighting.
5.2. Commuter Rail Station Security. CITY shall arrange for and provide security to the Commuter Rail Station Non-Operating Property.
a. CITY shall be 100% responsible for all costs to provide security to the Commuter Rail Station Non-Operating Property.
b. CITY shall arrange for the provision of security for the Commuter Rail Station NonOperating Property to ensure customer and vehicle safety during commuter periods.
Security shall be provided by uniformed guards from 15 minutes before the first train is scheduled to arrive until 30 minutes after the last scheduled train departs.
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c. The “Level of Security” to establish minimum security requirements shall be jointly developed by the PARTIES. CITY station security responsibilities shall not extend to security inside the trains. SBCTA is supportive of CITY, or its security contractor, being allowed to enter the trains to follow a person of interest relevant to the provision of security at the station. The PARTIES agree to meet and confer no later than eighteen (18) months after the start of revenue service to jointly re-examine the minimum-security requirements for the Commuter Rail Station Non-Operating Property.
5.3. License. For the term of this AGREEMENT, CITY has license to enter upon the Commuter Rail Station Site expressly for the purpose of carrying out CITY’s duties and obligations hereunder, and to operate and maintain the Non-Operating facilities located upon SBCTA’s right-of-way, including but not limited to, the Standard Platforms.
5.4. First Two Years’ Costs. Notwithstanding the CITY’s responsibility for costs in Section 5.1 and 5.2 above, SBCTA shall be responsible for 100% of the CITY’s Net Costs described therein for the first two years, commencing with the inauguration of the Arrow Service. “Net Costs” as used herein shall mean the CITY’s actual cost for performance under Sections 5.1, 5.2, 7.3 and 7.4, less any revenue generated from Parking Fees, should the CITY impose them, as described in Section 7.2.
VI.
COMMUTER RAIL STATION BETTERMENTS
6.1. Maintenance of the Commuter Rail Station Betterments. At the time of execution of this AGREEMENT, no Betterments are contemplated or obligated for the Commuter Rail Station. Plans for any Betterments requested shall be submitted to SBCTA for approval, which approval shall not be unreasonably withheld or delayed; CITY shall construct such Betterments at its sole cost, and shall provide, at its sole cost, security and maintenance of said Betterments.
VII.
PARKING LOT
7.1. Reservation of Parking. CITY shall perform appropriate planning, zoning, and permit activities to ensure that 200 parking spaces at the Parking Lot is reserved exclusively for patrons or visitors of the Downtown Redlands Station during operating hours.
7.2. Parking Fees. The CITY may, subject to approval by SBCTA, which approval shall not be unreasonably withheld or delayed, initially set and charge parking fees to provide funding for: 1) maintenance of the Commuter Rail Station platform areas and Parking Lot; and 2) security for commuter rail patrons during operating hours. All such fees collected by the CITY shall be applied toward the CITY’s costs for the security and maintenance of the Redlands – Downtown Station. Any remaining balance shall be reserved and applied towards the Parties’ collective costs for major maintenance and rehabilitation projects of the Commuter Rail Station platform areas and improvements associated with CITY implemented collection of parking fees, if any. Notwithstanding the provisions of Section 12.2 and Section 16.2, upon termination of this Agreement, the L:\ca\Agreements\SBCTA M&O Agreement FY22-0032.docx-jm
SBCTA Contract No. 21-1002655
CITY shall retain any fund balance of parking fees collected pursuant to this Section.
7.3. Maintenance of the Parking Lot. CITY shall manage and oversee the maintenance of the Parking Lot. The Parking Lot maintenance area is shown as Area “C” on Exhibit “A”, Property.
a. CITY shall arrange for the maintenance of the Parking Lot as set forth in Exhibit “D,” Maintenance Schedule.
b. CITY shall be 100% responsible for all costs to maintain the Parking Lot pursuant to the terms of the Parking Easement.
7.4. Security of the Parking Lot. CITY shall manage and oversee the security of the Parking Lot. The Parking Lot security area is shown as Area “C” on Exhibit “A”, Property. a. CITY shall be 100% responsible for all costs to provide security to the Parking Lot. b. CITY shall arrange for the provision of security for the Parking Lot to ensure customer and vehicle safety during commuter periods. Security shall be provided from 15 minutes before the first scheduled train until 30 minutes after the last scheduled train.
c. The “Level of Security” to establish minimum security requirements shall be jointly developed by the Parties to this Agreement and shall be consistent with the “Level of Security” provided by CITY for the Downtown Redlands Station. The Parties agree to meet and confer no later than eighteen (18) months after the start of revenue service to jointly re-examine the minimum security requirements.
7.5. First Two Years Costs. Notwithstanding the CITY’s responsibility for costs in Section 7.3 and 7.4 above, SBCTA shall be responsible for 100% of the CITY’s Net Costs described therein for the first two years, commencing with the inauguration of the Arrow Service. “Net Costs” as used herein is defined in Section 5.4.
VIII.
INSURANCE
8.1. SBCTA shall obtain real property insurance for the Standard Platforms which shall include the canopies thereon, the cost of which shall be shared equally between SBCTA and CITY. For example, if the insurance premium attributed to insuring the Standard Platforms at the Commuter Rail Station was determined to be $1,000 one year, then CITY shall reimburse SBCTA $500 for that year’s cost of real property insurance for the Standard Platforms.
8.2. CITY shall be responsible for securing and maintaining property insurance or selfinsurance which covers Non-Operating Property which is not otherwise insured by SBCTA pursuant to Section 8.1 with coverage types and limits consistent with CITY insurance of similar assets. CITY shall be responsible for 100% of the cost of insurance required under this Section 8.2. City shall add SBCTA as an Additional Insured on all property insurance covering said property.
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IX.
FISCAL YEAR
9.1. Fiscal Year. The fiscal year of this AGREEMENT shall begin on the first day of July each year.
X.
INVOICES AND ACCOUNTING
10.1. Accounting. Each PARTY shall make the relevant portions of its accounting books and records available to the other PARTY at any time during the term of this AGREEMENT upon reasonable prior written notice.
XI.
DISTRIBUTION OF PROPERTY
11.1. Distribution of Property. Upon termination of this AGREEMENT, vesting of title shall remain in SBCTA’s name. Any surplus parking fee revenue funds collected as described in Section 7.2 shall be retained by CITY.
11.2. Distribution to Parties. Except as provided in Section 11.1. Distribution of Property, all proceeds that may accrue to the PARTIES under this AGREEMENT shall be distributed to the PARTIES in equal shares.
XII.
NOTICES
12.1. Notices to PARTIES. All notices, consents, directions, approvals, instructions, requests, and other communications regarding this AGREEMENT shall be in writing, shall be addressed to the persons and addresses set forth below, and shall be (i) deposited in the United States Postal Service mail, first class, certified with return receipt requested and with appropriate postage, or (ii) hand delivered. From time to time each of the PARTIES may designate a new address for purposes of the Article by providing notice to the other signatory as provided in this Section 12.1.
To CITY: City Clerk
City of Redlands
35 Cajon Street, Suite 4
Redlands, CA 92373
With a Copy to: City Attorney
City of Redlands
35 Cajon Street, Suite 200
Redlands, CA 92373
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To SBCTA: Director of Transit & Rail Programs
San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
With a Copy to: General Counsel
San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
All notices shall be deemed to have been given: if sent by US certified mail, return receipt requested, three (3) business days following deposit with the United States Postal Service; if by overnight delivery service, courier, or other personal delivery, upon receipt. Notice to a PARTY shall not be effective unless and until each required copy of such notice is given to said PARTY as provided above in this Section 12.1. In the event of inability to deliver a notice because of a changed address of which no notice was given, or any rejection or other refusal to accept any notice, receipt shall be deemed made as of the date which the United State Postal Service endorses the notice as undeliverable and consequently returns the notice to the sender. Any notice to be given by any PARTY may be given by legal counsel for such PARTY.
XIII.
MISCELLANEOUS
13.1. Consents and Agreements. Any and all consents and agreements provided for or permitted by this AGREEMENT shall be in writing, and a signed copy thereof shall be filed and maintained by each PARTY in its official records together with this AGREEMENT. Whenever consent or approval of any PARTY is required, that PARTY shall not unreasonably withhold or delay such consent or approval.
13.2. Sole and Only Agreement. This AGREEMENT contains the sole and only agreement of the PARTIES as to the subject of this AGREEMENT and correctly sets forth the rights, duties, and obligations of each PARTY to the other as of this date. Any prior agreements, policies, negotiations, and/or representations are expressly set forth in this AGREEMENT.
13.3. Amendments. This AGREEMENT may be amended or modified only by an instrument in writing, signed by the PARTIES.
13.4. Severability. If any one or more provisions contained in this AGREEMENT shall be held invalid or illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
13.5. Headings and Subtitles. Headings and subtitles of this instrument have been used for L:\ca\Agreements\SBCTA M&O Agreement FY22-0032.docx-jm
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convenience only and do not constitute matter to be considered in interpreting this AGREEMENT.
13.6. Indemnity. Each PARTY hereto covenants and agrees to release, indemnify, defend, and hold harmless the other PARTY hereto, its affiliates and their respective members, commissioners, officers, directors, employees, agents, consultants, contractors, permittees, licensees, successors and assigns, to the maximum extent permitted by law, from and against all liability, loss, claims, suits, damages (including consequential damages), costs, judgments and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts’ and attorneys’ fees), that arise, directly or indirectly, from, asserted against or incurred by reason of, resulting in any manner from, or relating in any manner to: (a) the acts or omissions of the indemnifying PARTY, its employees, contractors or agents relating to this AGREEMENT and the performance of the duties set forth herein; (b) any claims by third parties arising from or relating to or in connection with the breach or alleged breach of any of the provisions hereof by the indemnifying PARTY; (c) acts or omissions of any firm employed by the indemnifying PARTY to perform any portion of the duties or obligations contained herein; (d) completed operations liability or other personal injury claims which may be asserted arising from respective passenger rail services; except in each case to the extent caused or contributed to by the gross negligence or the intentional or willful misconduct of the indemnified PARTY. Each PARTY shall obtain and maintain during the time this AGREEMENT is in effect adequate insurance or self-insurance to cover its liability, defense and indemnification obligations, including but not limited to Commercial General Liability, Automobile Liability, Worker’s Compensation and Property Insurance, in order to protect itself and the other parties. Each PARTY shall list each other PARTY as additionally insured on their respective Commercial General Liability insurance policies.
13.7. Law of the Jurisdiction and Venue. In the event of any litigation arising out of the terms of this AGREEMENT, the law of the State of California shall apply, and the venue of any such action shall be the Superior Court of the State of California for the County of San Bernardino, San Bernardino District.
13.8. Dispute Resolution. In the event any dispute arises between the PARTIES under or in connection with this AGREEMENT, the dispute shall be resolved by the Executive Director of SBCTA and the Mayor of the CITY, or their duly authorized representatives, within thirty (30) calendar days after receipt of written notice of said dispute. Said notice shall include a detailed statement of the grounds of the dispute and reasons why the dispute should be resolved in the disputing PARTY’s favor. If the PARTIES fail to resolve the dispute in a manner acceptable to the disputing PARTY, then such dispute may be decided by the court as set forth in Section 13.7, however, nothing in this AGREEMENT shall prevent the PARTIES from engaging in any mutually agreed alternative dispute resolution, including, but not limited to, mediation. Pending resolution of the dispute, PARTIES shall proceed with the performance of this AGREEMENT to the extent practicable.
13.9. SCRRA Permitting. This AGREEMENT is not in lieu of SCRRA’s Permitting and Right-of-Entry process. The PARTIES and their respective consultants and contractors are required at all times to follow all SCRRA Temporary Right-of-Entry Agreement L:\ca\Agreements\SBCTA M&O Agreement FY22-0032.docx-jm
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(“Form 6”) and Rules and Requirements for Construction on Railway Property (“Form 37”) requirements for any persons, work or equipment upon the railroad right-of-way and other applicable guidelines and directives. Applicants must submit SCRRA’s Form 6 prior to entering or beginning work on railroad right-of-way before SCRRA support services will be scheduled or provided including: Employee-In-Charge (EIC), Flagging, SCRRA cable and signal marking, and SCRRA Safety. SCRRA Form 6 and Form 37 may be found upon the Metrolink website.
XIV.
DEFAULT AND REMEDIES
14.1. Event of Default. For the purposes of this AGREEMENT, the use of the terms “defaulting PARTY” or “non-defaulting PARTY” are in each case limited to and specific to each Event of Default or Default, independent of any other Event of Default or Default which has or may have occurred. Each of the following shall constitute an “Event of Default”:
a. A failure by any PARTY to make, or cause to be made, any payment due and payable by said PARTY to the other PARTY on or before the date that any such payment or deposit is due following the expiration of any applicable grace period set forth in the applicable document.
b. Failure by any PARTY to perform or observe any of its obligations set forth in this AGREEMENT.
14.2. Opportunity to Cure. Except as provided below, no Event of Default under Section 14.1- Event of Default shall constitute a “Default” until all of the following has occurred and the Event of Default remains uncorrected:
a. The non-defaulting PARTY has given written notice to the defaulting PARTY of such Event of Default, specifying the particular facts and circumstances that constitute an Event of Default. However, failure to provide notice of Event of Default in accordance with Section 12.1-Notices to PARTIES shall not be deemed to waive any PARTY’s rights under this AGREEMENT or applicable law, and may be cured by subsequently providing notice in the required manner; b. The defaulting PARTY has had thirty (30) calendar days after receipt of such written notice to correct the Event of Default. If the defaulting PARTY cannot correct the Event of Default within thirty (30) calendar days, and the non-defaulting PARTY, in its reasonable judgment, consents, the defaulting PARTY may initiate and diligently pursue necessary corrective measures approved by the non-defaulting PARTY.
However, any Event of Default must be remedied within one hundred eighty (180) calendar days after its initial occurrence. Should the defaulting PARTY fail to cure the Event of Default within thirty (30) calendar days after receipt of a written notice to correct the Event of Default, or fail to initiate and diligently pursue the approved corrective action within thirty (30) calendar days after receipt of a written notice to correct the Event of Default if the non-defaulting PARTY has reasonably consented to a longer period to cure, or otherwise fails to cure the Event of Default within such time period as the non-defaulting PARTY has reasonably consented to allow, then the Event of Default shall constitute a Default.
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SBCTA Contract No. 21-1002655
14.3. Remedies. Whenever any Event of Default becomes a Default pursuant to Section 14.2.
Opportunity to Cure, the non-defaulting PARTY may initiate any corrective action it deems appropriate and may charge the reasonable costs for said corrective actions back to the defaulting PARTY which must be paid in full by the defaulting PARTY no later than thirty (30) calendar days from receipt of the related invoices; additionally, the nondefaulting PARTY may take whatever action at law of equity that may appear necessary or desirable to make the non-defaulting PARTY whole or compel the defaulting PARTY to perform as required by this AGREEMENT.
14.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to any PARTY is intended to be exclusive of any other available remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy available under this AGREEMENT, at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time-to-time and as often as may be deemed expedient.
14.5. Attorneys’ Fees. In addition to any other remedies provided hereunder or available pursuant to law, if any PARTY brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing PARTY shall be entitled to recover from the other PARTY or PARTIES, as applicable, its costs of suit and reasonable attorneys’ fees. The costs, salary and expenses of the CITY Attorney and SBCTA’s General Counsel and members of their offices in enforcing the AGREEMENT shall be considered as “attorneys’ fees” for the purposes of this Section.
XV.
TERMINATION OF AGREEMENT
15.1. Acts Constituting Termination. This AGREEMENT shall commence on the date of its execution and shall continue until:
a. Mutual agreement of the PARTIES hereto to terminate this AGREEMENT; b. Passenger rail service to the Commuter Rail Station is permanently discontinued. c. Non-defaulting PARTY provides notice of termination to the defaulting PARTY for the defaulting PARTY’s Default which has not been cured in accordance with Section 14.2. Opportunity to Cure.
15.2. Distribution on Termination. Upon termination of this AGREEMENT pursuant to Section 15.1, all affairs undertaken or conducted pursuant to this AGREEMENT shall be wound up, the assets liquidated, the debts paid and the proceeds divided among the PARTIES to this AGREEMENT as provided in Article XI. Distribution of Property.
Upon termination of this AGREEMENT pursuant to Section 15.1, all duties, obligations and responsibilities of the PARTIES, or any successors to their interests in this AGREEMENT, shall terminate, except the indemnification obligations of Section 13.6.
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SBCTA Contract No. 21-1002655
XVI.
ACCEPTANCE
16.1. Acceptance of Agreement. The PARTIES have approved this AGREEMENT by official actions of their respective governing bodies and accept and agree to the terms set forth as of the date set forth above.
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SBCTA Contract No. 21-1002655
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: ___________________________
Art Bishop
Board President
Date: __________________________
CITY OF REDLANDS
By: ___________________________
Paul Barich
Mayor, City of Redlands
Date: ___________________________
APPROVED AS TO FORM
By: ________________________
Julianna K. Tillquist
General Counsel
Date: ___________________________
ATTEST:
By: ________________________
Jeanne Donaldson
City Clerk
Date: ___________________________
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SBCTA Contract No. 21-1002655
Exhibit “A”
Property
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SBCTA Contract No. 21-1002655
Exhibit “B”
Standard Platform
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SBCTA Contract No. 21-1002655
Exhibit “C”
Parking Easement
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SBCTA Contract No. 21-1002655
Exhibit “D”
Maintenance Schedule
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SBCTA Contract No. 21-1002655
Maintenance Schedule
ITEM FREQUENCY
Landscape/Irrigation Twice Monthly
Trash Pickup & Cleanup Daily
Platform Washing Weekly
Graffiti Removal As Needed
Plumbing/Electrical Annually or As Needed
Vandalism Repairs As Needed
Storm Drain System (including inlets) As Needed
Facilities owned or operated by SCRRA located on Non-Operating Property which are outside the scope of this Maintenance Schedule include:
• CCTV Security Cameras
• Commuter Information System (CIS) signs
• Ticket Vending Devices (TVD)
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City Council/Successor Agency Meeting L. 6.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance No. 2945, adding Chapter 13.67 to the Redlands Municipal Code relating to the establishment of regulations governing organic waste disposal and determination that approval of the ordinance is exempt from environmental review pursuant to Section 15308 of the State’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
Mayor requests the City Clerk to read the title of Ordinance No. 2945.
I move to waive further reading of, and to introduce, Ordinance No. 2945.
RECOMMENDATION:
Staff recommends that the City Council determine that adoption of Ordinance No. 2945 is exempt from environmental review pursuant to Sections 15308 of the State's guidelines implementing the California Environmental Quality Act and further recommends adoption of Ordinance No. 2945 relating to the establishment of regulations governing organic waste disposal to meet state legislative requirements outlined in Assembly Bill 341, Assembly Bill 1826, and Senate Bill 1383.
DISCUSSION:
The Facilities and Community Services Department, Solid Waste Division operates automated refuse, recycling, and green waste collection for approximately 19,000 single-family residential units. California Senate Bill (SB) 1383 was enacted in 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SCLP).
To reduce methane emissions from landfills, the bill established goals to; Reduce organic waste disposal 50% by 2020 and 75% by 2025 compared to 2014 levels; and
Recover at least 20% of currently disposed of surplus food for human consumption by 2025.
SB 1383 required the California Department of Resources, Recycling, and Recovery (CalRecycle) to adopt regulations to achieve the targeted goals for reducing organic waste disposal in landfills. The regulations took effect on January 1, 2022. Subsequently, Cal Recycle went through a multi-year process to develop regulations, soliciting feedback and input from all stakeholders. The rulemaking and regulation process started in 2017, with the final regulations being adopted in November 2020, approximately a year later than anticipated.
SB 1383 regulations are wide-ranging, imposing multiple requirements on local jurisdictions, haulers, waste generators, landfill operators and recycling facility operators. The regulations are also prescriptive and contain specific requirements that all jurisdictions, including the City of Redlands must apply.
This is in contrast with prior California solid waste laws and regulations that allowed jurisdictions to develop individual plans to meet state goals. The following are some of the major obligations SB 1383 regulations impose on the City and other covered jurisdictions:
Adopt an enforceable ordinance by January 1, 2022, requiring organic waste generators, haulers and other entities within the jurisdiction to comply with regulations;
Implement programs to recover organic materials from all residential and commercial waste generators, including multi-family residential complexes; Implement a container contamination minimization program to monitor waste, recycle and organic container contents and reduce contamination.
The program will include route reviews and/or waste evaluation, as well and follow-up notifications to generators with violations; Implement outreach and education programs to notify generators about diversion program requirements;
Implement edible food recovery (rescue) programs to divert surplus edible food to food banks for distribution to residents;
Notify "Tier One" and "Tier Two" edible food generators (as defined in SB 1383 regulations) about requirements;
Procure recovered organic waste products such as compost or mulch in quantity and quality that meets or exceeds the target specified by CalRecycle;
Procure recycled paper products with at least 30% post-consumer recycled content;
Implement compliance reviews for all commercial and multi-family generators with two or more cubic yards of solid waste (trash, organics, recycling combined) per week;
Take enforcement actions including issuing Notices of Violations (which provides a period of time for generators to come into compliance) and ultimately assessing penalties via the administrative citation process for generators that are not in compliance as of January 1, 2024; and Maintain all implementation records in a central location that can be made available to CalRecycle within ten business days. The implementation records will include but are not limited to, information about inspections, enforcement actions, outreach and education, program descriptions, procurement activities, edible food recovery programs, etc.
The Facilities and Community Services Department, Solid Waste Division implemented the collection of commercial organic food waste in 2016 and implemented a residential organic waste drop-off pilot program in 2021. Since the implementation of the drop-off program, the City has diverted 42.21 tons (90,420 pounds) of organic waste from the landfill . The City currently has over 25 commercial and/or multi-family complexes participating in the organics waste reduction program.
However, in order to fully comply with SB 1383 regulations, the City must adopt an enforceable ordinance to ensure full compliance with organics diversion requirements by residential and commercial waste generators; implement a program to recover organics from single-family residents and recover food from multi-family locations; and implement a program for contamination monitoring and develop an "implementation record" to ensure all activities are documented.
To address these regulatory requirements, the City is taking the following steps:
Researching various software systems that will aid in the identification, tracking and implementation of local ordinances and state regulations.
Such a system will also track compliance status to easily report to CalRecycle annually via the City's Electronic Annual Report (EAR).
Presenting this enforceable ordinance based on CalRecycle's "Model Mandatory Organic Waste Disposal Reduction Ordinance" for City Council consideration.
SB 1383 regulations require all jurisdictions to adopt an enforceable ordinance to implement relevant provisions of SB 1383. The proposed Chapter 13.67 will require organic waste generators, including but not limited to residential and commercial entities, to comply with SB 1383 regulatory requirements. Major provisions of the ordinance include:
Organic material recycling requirements for single-family residential generators and commercial businesses (including multi-family dwellings); Requirement for all commercial waste generators to supply employees, contractors, tenants and customers with organic waste collection services consistent with the City's collection programs;
Requirements for businesses (except for multi-family premises) to supply indoor and outdoor recycling and organics containers when disposal containers are provided for customers for materials generated by that business;
Requirements for businesses to educate and train employees on proper separation of waste and to label waste and recycling containers; Waivers of certain requirements for qualified generators (de minimis waiver for locations that generate less than the specified amounts of organic waste or a physical space waiver for locations that lack adequate space for containers);
Edible food recovery requirements for commercial edible food generators and food recovery organizations and services;
Procurement of recovered organic waste products;
Record keeping, reporting, and education/outreach requirements; and Inspection, investigation, review, and enforcement requirements.
The proposed ordinance provides for an "Education Period for Non-Compliance" during which the City will conduct route reviews but will rather provide educational materials to notify waste generators about the updated requirements of the law and how to comply. The City fully expects to gain compliance from most residents and businesses through education efforts. SB 1383 regulations require jurisdictions to enforce the ordinance no later than January 1, 2024.
Furthermore, the City has been educating businesses and multi-family complexes (commercial waste generators) about state organics recycling requirements since 2016, via mailings, route reviews, and on-site visits. For residential customers, the City is working to develop a residential organic waste collection program which is expected to be implemented no later than January 1, 2024. Residential education efforts will begin well before the collection program starts and will continue well after implementation. Adoption of Ordinance No. 2945 is exempt from environmental review pursuant to Sections 15308 of the State's guidelines implementing the California Environmental Quality Act, Section 15308, Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
ALTERNATIVES:
City Council may elect to not adopt this recommended ordinance and direct staff accordingly.
STRATEGIC PLAN:
Supports Priority D - Sustainability
SUBMITTED BY:
Chris Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Louie Miranda, Solid Waste Manager
Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: No
Discussion:
There is no fiscal impact associated with the adoption of Ordinance No. 2945; however, the failure to adopt solid waste recycling enforcement language included in Ordinance No. 2945 could lead to fines in the amount of $10,000 per day.
Attachments
Ordinance No. 2945 Adding Chapter 13.67
1 ORDINANCE 2945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA, ADDING A NEW CHAPTER 13.67 (MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION) TO TITLE 13 OF THE
REDLANDS MUNICIPAL CODE RELATED TO INTEGRATED SOLID
WASTE MANAGEMENT AND MAKING A DETERMINATION OF THE
EXEMPTION UNDER CEQA.
WHEREAS, the City of Redlands, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, State Recycling Law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recover (“CalRecycle”)), requires the City to reduce, reuse, and recycle (including composting) Solid Waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, State Recycling Law, Assembly Bill 341 of 2011 places requirements on businesses and Multi-Family property owners with five (5) or more dwelling units, that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (requires businesses, including multi-Family property owners with five (5) or more dwelling units, that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organic recycling program for designated businesses and multi-family property owners; and
WHEREAS, Senate Bill “SB” 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations and are further designed to help reduce food insecurity by requiring Commercial Edible Food 2 Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered by human consumption; and
WHEREAS, this ordinance implements the requirements of the SB 1383 Regulations.
THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA ORDAIN AS FOLLOWS:
Section 1. Chapter 13.67 is hereby added to Title 13 of the Redlands Municipal Code to read as follows:
“CHAPTER 13.67
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
13.67.010 Purpose
13.67.020 Definitions
13.67.030 Requirements for Single-Family Generators
13.67.040 Requirements for Commercial Organic Waste Generators and Commercial Business Generators
13.67.050 Waivers for Generators
13.67.060 Requirements for Commercial Edible Food Generators
13.67.070 Requirements for Food Recovery Organizations and Services
13.67.080 Requirements for Haulers and Facility Operators
13.67.090 Self-Hauler Requirements
13.67.100 Model Water Efficient Landscaping Ordinance Requirements
13.67.110 Procurement Requirements for City Departments, Direct Service Providers and Vendors
13.67.120 Inspections and Investigations by the City
13.67.130 Enforcement
13.67.010 PURPOSE:
This Chapter is intended to comply with SB 1383, the, Short-lived Climate Reduction Act of 2016, and its implementing regulations. SB 1383 Regulations place requirements on Cities, SingleFamily Residential Dwellings, Commercial Businesses including Multi-Family Residential Dwellings, Commercial Edible Food Generators, Self-Haulers, Food Recovery Organizations and Food Recovery Services to achieve statewide Organic Waste disposal reduction targets to reduce organics in landfills as a source of methane. SB 1383 requires the City to adopt and enforce an enforceable mechanism, such as the ordinance codified in this Chapter to implement SB 1383 Regulations.
13.67.020 DEFINITIONS:
For the purposes of this chapter, the following words, terms, phrases and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a 3 definition in CalRecycle’s SB 1383 Regulations (14 CCR Section 18982), the definitions in 14 CCR Section 18982 shall control for the purposes of this chapter. Additionally, for the purposes of this chapter, the definitions in 14 CCR 18982 shall control for terms used in this chapter and not defined in this Code. Unless otherwise specified herein, references to the statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.
A. “Black Container” has the same meaning as in 14 CCR Section 18982 (a)(28) and shall be used for the purpose of storage and collection of Black Container Waste. Black Container Waste means Solid Waste that is collected in a Black Container that is part of the City’s three (3) Organic Waste collection service as specified in 14 CCR Section 18984.1. Designated Recyclable Materials, Designated Organic Waste, and/or Designated Food Scraps do not constitute Black Container Waste.
B. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
C. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
D. “California Code of Regulations” or “CCR” means the State of California Code of Regulations.
CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
E. “City” means City of Redlands
F. “City Manager” means the City Manager or his/her designee G. “City Enforcement Official” means the City Manager of the City, and/or his/her designee(s), including such City employees who are partially or wholly responsible for enforcing City ordinances, provision of the Redlands Municipal Code (the “Code” or “this Code”), and rules and regulations promulgated thereunder.
H. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
I. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 13.67.020 of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
4 J. “Compliance Review” means a review of records by a Jurisdiction to determine compliance with this ordinance.
K. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
L. “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
M. “C&D” means discarded or used materials removed from construction, remodeling, repair, renovation and/or demolition debris on any pavement, house, commercial building or other structure, or from landscaping; or, as otherwise defined in Title 15, Chapter 15.16 (Buildings & Construction – California Green Buildings Standards Code).
N. “Designated Food Scraps” means items designated by the City for placement in the Green Container that is specifically intended for the separate collection of Food Scraps and other Organic Waste materials which may be designated from time to time by the City Manager or his/her designee. Designated Food scraps includes all food such as, but not limited to fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, past, bread, cheese and eggshells. Food scraps excludes fats, oil and grease (FOG), meat and/or bones when such materials have been source separated from other Food Scraps for the purposes of sending to a rendering company.
O. “Designated Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable waste including but not limited to bottles, can, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43) and other materials which may be designate from time to time by the City Manager or his/her designee.
P. “Designated Organic Waste” means Organic Waste designated by the City for placement in a Green Container that is specifically intended for the separate collection of Organic Waste excluding Designated Blue Container Waste, carpets, Non-Compostable Paper and textiles.
Designated Organic Waste includes garden trimmings, leaves, grass clippings, weeds, shrub clippings and other materials which may be designated from time to time by the City Manager or his/her designee.
Q. “Designated Recyclable Materials” means items designated for placement in the Blue Container specifically intended for the separate collection of Designated Non-Organic Recyclables and Designated Blue Container Organic Waste.
R. “Designee” means an entity that a City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
5 S. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
T. “Enforcement Action" means an action of the City to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19).
U. “Enforcement Official” means the City Manager or the City’s authorized Designee(s) who is/are partially or wholly responsible for enforcing this chapter.
V. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s Enforcement Official’s , or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste also includes materials which require separate handling and cannot be collected from standard solid waste, recycling or organic containers, including but not limited to appliances, scrap metal, electronics, tires and oversized furniture items.
W. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
X. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
Y. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Z. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; 6 (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
AA. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
BB. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
CC. “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
DD. “Food-Soiled Paper” is compostable paper material that has come into contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
EE. “Food Waste” means Food Scraps but does not include Food Soiled Paper or Compostable Plastics unless otherwise specified by the City.
FF. “Generator” means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48).
GG. “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. Or “…shall be used for the purpose of storage and collection of Designated Organic Waste.” “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, 7 deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
HH. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
II. “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
JJ. “Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance or chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
KK. “Landscape Waste” means tree and shrubbery trimmings, vegetation from land clearing, grass cuttings, leaves, garden organic materials, sawdust, straw, wood chips and other discarded plant or vegetation material.
LL. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
MM. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
NN. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). 8 OO. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
PP. “MWELO” refers to the Model Water Efficient Landscape Ordinance MWELO), 23 CCR, Division 2, Chapter 2.7.
QQ. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process or is not accepted for composting at the local composting facility, or as otherwise defined in 14 CCR Section 18982(a)(41).
RR. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
SS. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
TT. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
UU. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
VV. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
WW. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
XX. “Prohibited Container Contaminants,” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:
(1) Discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container; 9 (2) Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Green Container;
(3) Discarded materials placed in the Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in the Green Container and/or Blue Container; and, (4) Excluded Waste placed in any container.
YY. “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
ZZ. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
AAA. “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
BBB. “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
CCC. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
DDD. “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
EEE. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
FFF. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. 10 GGG. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
HHH. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
III. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Black Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing.
JJJ. “State” means the State of California.
KKK. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
LLL. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
11 (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
MMM.“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
NNN. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
13.67.030 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS:
Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the City’s three-container Organic Waste collection services for all Organic Waste generated as described below in Section 13.67.030(b). The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family generators shall adjust its service level for its 12 collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall participate in the City’s Organic Waste collection service(s) by Source Separating Designated Recyclable Materials and Designated Organic Waste (including designated Food Scraps which shall first be prepared/bagged in the manner described in notice provided by the City) from other waste and placing designated materials in designated containers as described below:
(1) Shall place only Designated Recyclable Materials in the Blue Container. (2) Shall place only Designated Organic Waste Materials in the Green Container. (3) Shall prepare all materials designated for collection as per written instructions provided by the City or its designee.
(4) Shall NOT place Designated Recyclable Materials in Black or Green Containers and shall NOT place Designated Organic Waste Materials in Blue or Black Containers.
(5) Shall not place Prohibited Container Contaminants in collection containers.
13.67.040 REQUIREMENTS FOR COMMERCIAL ORGANIC WASTE GENERATORS AND COMMERCIAL BUSINESS GENERATORS:
Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements:
(a) Shall subscribe to the City’s Organic Waste collection service(s) and comply with requirements of those services as described below in Section 13.67.040(b). The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. (b) Except for Commercial Businesses that meet the Self-Hauler requirements in Section
13.67.090 of this Chapter, generators that are Commercial Businesses, including MultiFamily Residential Dwellings, shall participate in the City’s Organic Waste collection service(s) by Source Separating Designated Recyclable Materials and Designated Organic Waste (including Designated Food Scraps) from other waste and placing designated materials in designated containers as described below:
(1) Shall place only Designated Organic Waste in the Green Container; Designated Food Scraps in the Green Container; Designated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. 13 (2) Shall NOT place materials designated for the Black Container into the Green Container or Blue Container.
(3) Shall NOT place Designated Recyclable Materials, Designated Food Scraps or Designated Organic Waste into any container other than the container designated for each of the corresponding materials.
(4) Shall NOT place Prohibited Container Contaminants in any container. (c) Commercial Businesses, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 13.67.040(d)(1) and 13.67.040(d)(2) below for employees, contractors, tenants, and customers, consistent with the City’s collection services or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 13.67.090. (d) Commercial Businesses, not including Multi-Family Residential Dwellings, shall provide containers for the collection of Designated Organic Waste, Designated Food Scraps and Designated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements pursuant to 14 CCR Section 18984.9(b). (f) Commercial Businesses shall implement policies and procedures to educate and train employees on proper separation of materials and prohibit employees from placing materials in a container not designated for those materials per City’s Solid Waste collection services. (g) Commercial Businesses, excluding Multi-Family Residential Dwellings, shall inspect Blue, Green and/or Black containers provided pursuant to Section 13.67.040(d) at least 14 weekly for contamination and inform employees and tenants/occupants if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(h) Commercial Businesses, including Multi-Family Dwellings, shall at least annually provide written information on training to employees, contractors, tenants and customers bout Organic Waste Recovery requirements and about proper sorting of Designated Organic Waste, Designated Food Scraps and Designated Recyclable Materials. (i) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide education information described in subsection (g) of this Section to new employees and/or tenants within fourteen (14) days of hiring new employees or of occupation of the premises by tenants. Education information shall describe requirements to keep Designated Organic Waste, Designated Food Scraps and Designated Recyclable Materials separate from Black Container Waste and the location of containers and the rules governing their use at each property.
(j) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent(s) to their properties during all Inspections conducted in accordance with Section 13.67.120 of this Chapter to confirm compliance with the requirements of this Chapter.
(k) Commercial Businesses, including Multi-Family Residential Dwellings, if generating two (2) cubic yards or more per week of total Solid Waste (or other threshold defined by the State), shall requires that any contract or work agreements between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the State Public Resources Code. (l) Commercial Businesses, including Multi-Family Residential Dwellings, that wish to selfhaul Organic Waste or recyclables, shall meet the Self-Hauler requirements in Section
13.67.090 of this Chapter.
(m) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 13.67.060.
13.67.050 WAIVERS FOR GENERATORS:
(a) De Minimis Waivers. The City may waive a Commercial Business’ (including MultiFamily Residential Dwellings) obligation to comply with some or all the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 13.67.050(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
15 (1) Apply specifying the services that they are requesting a waiver from and provide documentation as noted in Section 13.67.050(a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify the City within fifteen (15) days if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) De minimis waivers are to be valid for up to a period not to exceed every five (5) years and are subject to a reverification audit conducted by the City or its designee at any time.
(b) Physical Space Waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 13.67.040.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application to the City Manager or his/her designee specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 13.67.040, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has adequate space for the collection containers required for compliance with Organic Waste collection requirements of Section 13.67.040, the City shall rescind the waiver.
16 (4) Provide written verification to the City that it is still eligible for physical space waiver every five (5) years, if the City has approved application for a physical space waiver.
(c) The City Manager and/or his/her designee will be responsible for Review and Approval of Waivers.
13.67.060 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS:
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
17 (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) Provide the City upon request, an annual Food Recovery report that includes information on the food recovery efforts of the business for the year, including information on amount recovered and outlets recovered food. (d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
13.67.070 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES:
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 18 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than April 1st of each year.
13.67.080 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS:
(a) Requirements for Haulers
(1) Permitted and Licensed haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
(A) Through written notice to the City, identify the facilities to which they will transport Organic Waste.
(B) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (D) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
13.67.090 SELF-HAULER REQUIREMENTS:
(a) Self-Haulers shall source separate all Designated Recyclable Materials and Designated Organic Waste (materials that the City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall 19 haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Designated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 13.67.090(c) to the City upon request. (e) A Single-Family residential Organic Waste Generator that self-hauls Organic Waste i9s not required to record or report information in Sections 13.67.090(c) and (d).
13.67.100 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE
REQUIREMENTS:
(a) In addition to any requirements of this code, property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, MultiFamily, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 14.
(d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Cities to incorporate the requirements of an updated MWELO in a local ordinance, 20 and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
13.67.110 PROCUREMENT REQUIREMENTS FOR CITY DEPARTMENTS, DIRECT SERVICE PROVIDERS AND VENDORS:
City departments, direct service providers to the City and all vendors as applicable, must comply with the City’s Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy.
13.67.120 INSPECTIONS AND INVESTIGATIONS BY THE CITY:
(a) City representatives and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (except for residential property interiors) and shall cooperate with the City’s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by the City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with SB 1383 Regulations (14 CCR Section 18995.3
13.67.130 ENFORCEMENT:
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative 21 citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. (c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the City Enforcement Official, which may be the City Manager or their designated entity, legal counsel, or combination thereof.
(A) City Enforcement Official(s) will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) may issue Notices of Violation(s). (d) Process for Enforcement
(1) City Enforcement Official(s) and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 13.67.120 establishes the City’s right to conduct Inspections and investigations. (2) The City may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) For incidences of Prohibited Container Contaminants found in containers, the City or its Designee will issue an informational Notice of Contamination to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ten (10) days after determining that a violation has occurred. If the City or its Designee observes Prohibited Container Contaminants in a generator’s containers on more than two (2) occasions, the City or its Designee may arrange for pick up and disposal of contaminated containers and assess contamination processing fees (such as return trip fees and extra pick-up fees) on the generator.
(4) To address violations of this Chapter, the City shall issue a Notice of Violation requiring compliance within thirty (30) calendar days after issuance of the notice, or such shorter reasonable specific time period as the City Enforcement Official 22 shall assign within which the generator must correct or otherwise remedy each violation, but in no event less than twenty-four (24) hours from the date and time the Notice of Violation is issued.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Chapter/Section addressing fines & penalties of our MC, unless the City determines compliance deadline extensions as set forth in Section 13.67.130(f) are found to be warranted by extenuating circumstances.
(e) Penalty Amounts for Types of Violations
The penalty amounts for violation of this Chapter shall be consistent with the City’s Administrative Remedies Ordinance or fee schedule (Resolution 8045 of the City of Redlands) and assessed as the rates referenced.
(f) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing.
The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews and/or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial 23 Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, SelfHauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action as needed.”
Section 2. CEQA Exemption. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthens requirements for the handling of solid waste, represents actions by a regulatory agency (the City) for the protection of the environment.
Section 3. Repeal of Conflicting Provisions. All provisions of the Redlands Municipal Code heretofore adopted by the City Council of the City of Redlands that conflict with the provisions of this Ordinances is hereby replaced as of the effective date hereof.
Section 4. Severability. The City Council declares, that should any provision, section, paragraph, sentence or word of the Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after full passage.
Section 6. Publication. 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 with the City, and thereafter, this ordinance shall take effect as provided by law.
24 _________________________________
Paul T. Barich, Mayor
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
25 I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 4th day of October 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Jeanne Donaldson, City Clerk
City Council/Successor Agency Meeting L. 7.
DATE: 10/04/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration to implement the Downtown Market plan as recommended by the City Council subcommittee and determine that the event is categorically exempt from environmental review pursuant to Section 15311(c) (Assistant City Manager Boatman) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine that the event is categorically exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and
1. I move to direct staff to implement the Downtown Market plan as recommended by the City Council subcommittee.
2. RECOMMENDATION:
On April 14, 2022, the Parks and Recreation Commission formed a subcommittee to discuss the re-opening of Market Night and at their May meeting, the subcommittee recommended that Market Night be reintroduced with some modifications. These modifications addressed limited staffing levels as well as a transition back to full operations.
On June 7, 2022, the City Council voted to form a subcommittee to discuss the recommendation of the Parks and Recreation Commission for the reopening of the market. The subcommittee recommends that the Market be re-introduced as a Saturday morning market rather than an evening market to better complement the downtown businesses and current staffing levels. The recommendations are further described in the following discussion.
DISCUSSION:
Market Night in Downtown Redlands has been a local community experience that provides residents a unique opportunity for shopping, dining and entertainment since 1988. The Market started as an initiative to draw businesses and visitors into the downtown area during a time when big chain stores were driving sales away from small downtown areas. Through the years, the event became one of the many key attributes that sets the City of Redlands apart from the rest of the Inland Empire. Prior to the closure of the Market as a result of the COVID-19 pandemic, the City Council considered changes to the event in response to downtown businesses. In addition, there have been numerous discussions over the past few years concerning the challenges that the Market poses on the downtown; including impacts on parking accessibility, impacts to businesses due to the closure of State Street, storefront visibility, product quality, and the benefits and impacts that the Market generates.
In 2018, the City Council began receiving comments from business owners along East State Street that the Market was starting to negatively impact their businesses. At the direction of the City Council, Facilities and Community Services (FCS) staff implemented changes to the setup and street closure times, towing enforcement procedures, and staffing levels in an attempt to reduce impacts on businesses while still maintaining the viability of the Market. These changes resulted in East State Street being open longer but only with significant staff resources. Consequently, the changes did not yield the desired results and in September of 2018, the City Council directed staff to revert to the original schedule and further evaluate and assess the operation of the Market. However, the Council requested that staff continue to work with downtown businesses to address their concerns regarding the quality of vendors and their conduct at the market. However, before any recommendations or proposals could be made for Market Night, in March 2020, the event and the Certified Farmers Market were shut down due to the COVID-19 pandemic.
Following the closure of Market Night, City staff have been working to develop options to bring a downtown market back to Redlands that would address the concerns originally brought by the East State Street business owners, be viable with current staffing levels, and provide the greatest benefit to the community. In March of 2022, staff distributed surveys to the downtown businesses to solicit feedback on what types of changes they would like to see implemented should the market be re-introduced. The following is a brief summary of the results of the survey:
82% of respondents were in favor of the Market’s return, and supported it remaining on State Street.
79% support giving priority to Redlands-based businesses. 58% preferred booths to be located down the center of State Street, allowing easy access and storefront visibility to the downtown businesses. 50% preferred Market Night to remain on Thursday nights while the other 50% preferred a Saturday morning option, and
Nearly 50% of preferred vendors provide higher quality and/or artisan products.
Based on the survey results, staff provided a recommendation to the Parks and Recreation Committee (PRC) on May 12, 2022, that included bringing the Market back on Saturday mornings from 8 a.m. to noon during the spring, summer and fall seasons. The Market would include new policies and guidelines to include higher quality merchandise and local products as suggested in the returned surveys. This option would also help alleviate conflicts between the merchants and downtown business parking during busy evening hours. Costs for staff resources would be reduced relative to previous operations and impacts to parking would be minimal. Furthermore, the demand for police officers to patrol the market would not be immediately necessary for this option, as the current Saturday Farmer’s Market has not demonstrated a need for this service.
Some key factors for staff’s recommendation include the following:
FCS resources:
Several additional staff members would be required to facilitate the Thursday night option for traffic control, street closures and tow truck operations.
FCS currently has staff working Saturday mornings for Farmer's Market, so a minimal number of additional staff would be required for that option.
Three to four tow trucks are required for relocations on the Thursday night option, whereas only one truck is required for the Saturday morning.
Police Departments (PD) resources:
Due to sworn officer position vacancies, PD cannot currently provide the number of officers to support a weekly Market Night during the evening hours.
PD does not believe additional dedicated officers are necessary for the Saturday morning option.
Based on the PRC dialogue and public comments, the commission voted unanimously to recommend restarting the Market in its previous format on Thursday nights.
Following the recommendation of the PRC, the City Council created a subcommittee to review the information and recommendations on June 7, 2022.
The City Council subcommittee met with city staff from Facilities and Community Services, the Police Department, and board members from the Redlands Chamber of Commerce to discuss options for restarting the downtown Market.
The recommendation of the subcommittee is to proceed with plans to operate the downtown market on Saturday mornings using East State Street from Orange to 6th Street, 5th Street from Redlands Boulevard to Citrus Avenue and the Ed Hales Parking lot. Vendor booths would be staged back-to-back down the center of the street to ensure access to local businesses is prioritized.
Additionally, FCS staff will work with the Parks and Recreation Commission to update the policies for vendor selection to prioritize Redlands-based businesses and increase the percentage of vendors providing higher quality and artisan products that best complement existing downtown businesses.
Attached to this report is the Redlands' Market Night Re-Opening Plan, which was developed by staff in March of 2022 to provide information about the history of Market Night, recent operations, fiscal impacts, necessary resources, and operating alternatives. If the City Council approves the implementation of the reopening of the market on Saturday mornings, operations would commence in January 2023.
ALTERNATIVES:
City Council may direct staff to explore alternative days, times and layouts.
STRATEGIC PLAN:
Priority A - Quality of Life, Strategic Objective 1.Enhance community events to better reflect Redlands’ diversity and demographics.
SUBMITTED BY:
Tabitha Kevari, Assistant Director
REVIEWED BY:
Charles M. Duggan Jr., City Manager
Janice McConnell, Assistant City Manager
Chris Boatman, Assistant City Manager
Christopher R. Catren, Police Chief
Fiscal Impact
Fiscal Year: FY 22/24
Revenue Generating: Y
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:
The Market will be funded through the revenue received by vendors. Staff will The Market will be funded through the revenue received by vendors. Staff will bring back a report at a future meeting to appropriate the necessary funds to support the market.
Attachments
Redlands' Market Night Re-Opening Plan