Agenda packet — Redlands City Council, October 18, 2022 (part 1 of 8)

CITY OF REDLANDS

CITY COUNCIL

A G E N D A
OCTOBER 18, 2022

PAUL BARICH
Mayor

EDDIE TEJEDA
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MICK GALLAGHER
Council Member
***

JEANNE DONALDSON
City Clerk

ROBERT DAWES
City Treasurer
CHARLES M. DUGGAN JR.

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

TUESDAY, OCTOBER 18, 2022
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

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

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

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

To provide comment while participating from Council Chambers:

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

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

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

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

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

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

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

A. Call City Council Meeting to Order.

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

1. Conference with legal counsel: Anticipated Litigation - Government Code §54956.9(d)(2) and §54956.9(e)(3))
(Assistant City Manager Boatman)
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below described existing facts and circumstances, there is significant exposure to litigation against the City.

One Case:
a. Receipt of written communication threatening litigation by Burton Haimes, of Tannenbaum, Helpern, Syracuse, Hirschtritt. A copy is available for public inspection in the City Clerk's Office.

2. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Once case:

1.Benveniste v. City of Redlands, San Bernardino Superior Court, Case No. CIVDS 2012175

3. Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiator: Laura Kalty, Liebert Cassidy Whitmore; Janice McConnell; Tommi Ng, Danielle Garcia
Employee
Organizations:

Redlands Association of Department Directors
Redlands Association of Management Employees
Redlands Association of Mid-Management Employees
Redlands Association of Safety Management Employees
Redlands Association of Fire Management Employees
Redlands Police Officers Association
Redlands Professional Firefighters Association
Redlands Civilian Safety Employees
Teamsters Local 1932 Redlands Chapter
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6:00
D. Reconvene City Council Meeting
E. Invocation by Council Member Gallagher - Pledge of Allegiance (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations

1. Redlands Pet Adoption (Redlands Animal Services)

2. Presentation of proclamation proclaiming the month of October as “American Pharmacists Month” in the City of Redlands to Courtney Woo, Student of Loma Linda University, School of Pharmacy (Mayor Barich)
H. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve the regular meeting minutes of October 4, 2022 (City Clerk Donaldson)

2. Authorize issuance of Proclamation declaring the month of October, 2022 as American Pharmacists Month (Mayor Barich)

3. Authorize issuance of a Proclamation Declaring October 23-29, 2022 as Childhood Lead Poisoning Prevention Week (Mayor Barich)

4. Approve recommendations for appointments to the Human Relations Commission (Mayor Barich and Council Member Davis)

5. Adopt Resolution No. 8398 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)

6. Approve a Memorandum of Understanding between the City of Redlands and San Bernardino Community College District to provide student interns (Assistant City Manager McConnell)

7. Disclosure and Approval of Agreement of Settlement and General Release - Andrea Benveniste Recycled Paper
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7. Disclosure and Approval of Agreement of Settlement and General Release - Andrea Benveniste v. City of Redlands; San Bernardino County Superior Court Case No. CIVDS2012175 (City Attorney Garcia)

8. Adopt Ordinance 2944-Second Reading-amending Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments (Management Services/Finance Director Garcia)

9. Authorize a Single Source Professional Services Agreement with Willdan Engineering for the provision of fire plan review and inspection services for an amount not-to-exceed $100,000 for a period of one year; and authorize an additional appropriation in the amount of $100,000 for the cost of these services (Fire Chief Sessler)

10. Accept the Department of Homeland Security, Federal Emergency Management Agency 2021 Emergency Management Performance Grant award in the amount of $18,724, and authorize an additional appropriation of the same amount to the Emergency Preparedness fund (Fire Chief Sessler)

11. Approve the warrant for funds being distributed to the Redlands Police Department by the State of California pursuant to the Budget Act of 2022 in the amount of $200,000, and approve an additional appropriation of $200,000 to the Police Department (Police Chief Catren)

12. Approve the hold harmless agreement with Redlands Joint Venture, LLC, Majestic Realty Co. for use of its facilities for Heroes and Helpers 2022 Event (Police Chief Catren)

13. Approve the Second Amendment to the Agreement with Raftelis Financial Consultants, Inc. to conduct utility rate studies, and an additional appropriation of $46,877 (Municipal Utilities and Engineering Director Harris)

14. Approve the Cooperative Maintenance Agreement with the City of San Bernardino for the Mountain View Avenue Mission Creek Bridge and determine that approval of this agreement is categorically exempt from review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

15. Approve the First Amendment to the Public Works Contract with Tryco General Engineering for the Alley Paving Improvements Project to extend the time for completion by sixty-five (65) calendar days (Municipal Utilities and Engineering Director Harris)

16. Approve the Second Amendment to the Non-Professional Services Agreement with Tanko Streetlighting, Inc. to replace City-owned streetlights with energy-efficient LED lights (Municipal Utilities and Engineering Director Harris)

17. Adopt Ordinance No. 2945-Second Reading-adding Chapter 13.67 to the Redlands Municipal Code relating to the establishment of regulations governing organic waste disposal (Assistant City Manager Boatman)

18. Approve a Facility Use Agreement with the San Bernardino County Department of Adult and Aging Services (SBCDAAS) for use of the Senior Center to provide senior citizens with community resources, bus passes, and assistance with the Home Energy Assistance Program and determine that approval of the agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines (Assistant City Manager Boatman)

19. Approve the request for in-kind support in the amount of $13,504 related to the Redlands Recycled Paper
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19. Approve the request for in-kind support in the amount of $13,504 related to the Redlands Veterans Day Celebration event hosted by the Redlands Hometown Heroes Foundation on November 11, 2022; approve the request to close E. Citrus Ave., Eureka St., W. State St., Center St., and Redlands Blvd. for the event; authorize the request for the sale and consumption of alcoholic beverages in Jennie Davis Park during the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

20. Approve a First Amendment to the Public Works Contract with DEARK E&C, INC. for the Senior Center Outdoor Dining Facilities Construction Project No. 03012022JN to extend time for completion by ninety (90) calendar days (Assistant City Manager Boatman)

21. Report regarding Emergency Resolution No. 8065 proclaiming the existence of a local emergency in response to COVID-19 (Coronavirus Disease 2019) (Fire Chief Sessler) J. Communications

1. Video Series: Working for You: Redlands Making Progress (Public Information Officer Baker)

2. Conference Report- 2022 Sister Cities International U.S.-Mexico Mayors' Community Summit (Mayor Pro Tem Tejeda)

3. Discussion and possible direction to staff on a request from two Councilmembers to host community-oriented events in City facilities (City Manager Duggan) K. Public Hearings

1. Public Hearing to consider Resolution Nos. 8394 and 8395 (Mayor to declare meeting open as a public hearing)
Resolution 8394 - Calling a special election on the question of levying special taxes within the territory to be annexed to Community Facilities District No. 2004-1; and a.

Resolution No. 8395 - Declaring results of special election of Annexation No. 27 to Community Facilities District No. 2004-1
b.
(Development Services Director Desatnik)

2. Public Hearing to consider the proposed Transit Villages Specific Plan (Specific Plan No. 65) project and the proposed General Plan Transit Village District consisting of the following items:
(Mayor to declare meeting open as a public hearing)
Resolution No. 8399 - A request to certify the Final Environmental Impact Report prepared for the proposed project described below, adopt the Findings of Fact and Statement of Overriding Considerations, and approve and adopt the Mitigation Monitoring & Reporting Program, in accordance with the California Environmental Quality Act (CEQA). a.

Resolution No. 8401 (General Plan Amendment No. 146) - A request to amend certain General Plan maps, exhibits, and policies pertaining to land uses and street segments to ensure the proposed Transit Villages Specific Plan (Specific Plan No. 65) is consistent with the General Plan. The General Plan Land Use Map (Figure 4-1) would be amended to include and identify the proposed Transit Villages Specific Plan area as a Transit Village District" in Figure 4-1.
b.

Resolution No. 8400 for adoption of the Transit Villages Specific Plan (Specific Plan No. 65) and rescind the existing Downtown Specific Plan (Specific Plan No. 45) - The c.

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proposed Specific Plan would provide the development standards and design regulations for future development of up to: 265,000 square-feet of retail and commercial floor area; 238,000 square-feet of office area; up to 2,400 dwelling units (e.g., apartments, condominiums, and townhomes); up to 220 hotel rooms and 110,000 square-feet of hotel space; and approximately 280,000 square-feet of parks and open space. Public realm improvements are also anticipated, to include pedestrian, bicycle, and transit improvements within the plan area. The project area covers approximately 947 acres (or approximately

1.48 square miles) and is generally bounded to the west by Kansas Street, Redlands Boulevard, Alabama Street, and Tennessee Street; to the north by Interstate 10, Colton Avenue, and Sylvan Boulevard; to the east by Judson Street; and to the south by Citrus Avenue, Central Avenue, Redlands Boulevard, Olive Avenue, Brookside Avenue, Ash Street, Pine Avenue, Tennessee Street, and State Street. The Project area also includes the parcels fronting both sides of the Orange Street corridor between Colton Avenue and Lugonia Avenue. The proposed Transit Villages Specific Plan includes the entire area currently governed by the Downtown Specific Plan, and would replace the existing Downtown Specific Plan.

Ordinance No. 2947 (Zone Change No. 475) - A request to amend the city's Zone Map to include and identify the Transit Villages Specific Plan (Specific Plan No. 65) area as a new zoning designation on the Zone Map.
d.
(Development Services Director Desatnik)

3. Public Hearing to consider Ordinance No. 2943-amending Section 12.56 of the Redlands Municipal Code relating to the establishment of regulations governing vehicle operating speeds at the Redlands Airport (Assistant City Manager Boatman) (Mayor to declare meeting open as a public hearing)
L. New Business

1. Consideration of an agreement with Genesis Staffing Firm for city-wide janitorial services for an amount not-to-exceed $1,735,406.16 for a three-year term with two additional one-year terms (Assistant City Manager Boatman)

2. Consideration of Resolution No. 8830 Establishing Fees for the Redlands Municipal Airport and determination that the project is exempt from further environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

3. Consideration of a contract with My Electrician Inc. for an amount not-to-exceed $2,000,000 for the Redlands Bowl Electrical and Theatrical Lighting Upgrade, waive a minor error in the bid, approve additional appropriation totaling $1,500,000, and determine that the project is exempt from environmental review pursuant to Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

4. Consideration of a Single Source purchase order with Meridian Rapid Defense Group for an amount not-to-exceed $262,158.75 for the purchase of mobile crash barriers, consider reallocation of the remaining balance from the Premium Pay program from SLFRF through ARPA funds, and determine that approval of the purchase 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) M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
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N. Adjournment
The next regular meeting of the City Council will be held on November 1, 2022.

Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org. Agendas, staff reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org.

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City Council Meeting I. 1.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of October 4, 2022 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of October 4, 2022.

Attachments
Regular meeting minutes of October 4, 2022
Redlands Regular Meeting of 10-18-22 9 of 1815

MINUTES
Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on October 4, 2022 at 5:00 P.M.

Present: Paul Barich, Mayor
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member

Absent: Eddie Tejeda, Mayor Pro Tempore
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief

Mayor Barich called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT
Steve Rogers expressed concerns with the City Manager's contract.

CLOSED SESSION
Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiators: Mayor Barich and Mayor Pro Tem Tejeda Unrepresented Employee: City Manager
Conference with labor negotiator - Government Code §54957.6 CC_SA_October 4, 2022

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Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
Agency Negotiator: Laura Kalty, Liebert Cassidy Whitmore; Janice McConnell; Tommi Ng, Danielle Garcia
Employee
Organizations:

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

PRESENTATIONS
Redlands Pet Adoption
Animal Control Officer Kaitlyn Giroux introduced “Stede”, a three-year old female German Shepard/Husky mix who is available for adoption, along with forty other dogs, thirty-one cats, one turtle and one pig at the Redlands Animal Shelter. Ms. Giroux informed the Council there had been nine adoptions since the last regular City Council meeting.

PUBLIC COMMENT
TVSP EIR - Steve Rogers referenced a Cal Trans letter related to the City's General Plan Update approved in 2017 and he expressed concerns that certain agencies, including Cal Trans, had not properly been included on the distribution list.

Record Request - Dennis Bell was frustrated he had not received documents related to a public record request made in late July.

Community Diversity Celebration - Mario Saucedo, Chairman of Common Vision Coalition, invited everyone to attend an event celebrating the rich heritage and diversity of community history on October 13, 2022, at the University's Casa Loma Room.

Inclusionary Housing Program - Felipe Alberto and Tracy Wise expressed their appreciation of the Council's decision to provide for an inclusionary housing program, scheduled to be CC_SA_October 4, 2022

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considered on tonight's meeting agenda and they were both in full support of the program.

CONSENT CALENDAR
Minutes
On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council approved, by roll call vote, the regular meeting minutes of September 20, 2022, and special meeting minutes of September 21,2022.

Vote: 4 - 0 Passed
Municipal Utilities/Public Works Commission Appointments As public comment, Dennis Bell recommended the City consider appointing new applicants to serve on the Boards and Commissions, rather than approving the same appointees over and over.

On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council reappointed, by roll call vote, Steve Stockton and Chandrasekar Venkatraman to each serve second terms on the Municipal Utilities/Public Works Commission ending November 16, 2026.

Vote: 4 - 0 Passed
Proclamation Hispanic Heritage Month
Council Member Guzman-Lowery spoke of the importance of celebrating Hispanic Heritage Month in Redlands and highlighted the many contributions of the Hispanic population. She encouraged everyone to support activities that develop understanding and enjoyment of Hispanic heritage, culture, art and music, such as utilizing the AK Smiley Library's Heritage Room as a resource.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, the issuance of a proclamation proclaiming September 15, 2022 through October 15,2022 as Hispanic Heritage Month in the City of Redlands.

Vote: 4 - 0 Passed
Resolution No. 8393 Remote Teleconference Meetings
On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council approved, by roll call vote, Resolution No. 8393 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days.

Vote: 4 - 0 Passed
Cal-ID/Identix Maintenance Payment
CC_SA_October 4, 2022

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Cal-ID/Identix Maintenance Payment
On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council authorized, by roll call vote, the annual payment to San Bernardino County Sheriff's Department (Cal-ID/Identix) in the amount of $83,961.72 for Redlands Police Department's Fingerprint Identification Services.

Vote: 4 - 0 Passed
Resolution 8388 Mills Act Program
Development Services Director Desatnik presented background of the local Mills Act program.

The current program is set to expire on November 7, 2022. The City of Redlands is a Certified Local Government ("CLG") in cooperation with the State Office of Historic Preservation, and the local Mills Act program is an important element in the city's historic preservation program. As public comment, Dennis Bell questioned how much property tax the City was losing because of their participation in the Mills Act Program, and he said the program was a taxpayer-subsidized bailout.

On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, Resolution 8388 to extend the City of Redlands' “Mills Act” program for an additional five years to November 30, 2027.

Vote: 4 - 0 Passed
2021 Homeland Security Grant Program Award
On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council approved, by roll call vote, to accept the grant award from the FY 2021 Homeland Security Grant Program; and approved an additional appropriation of $36,670 to the Police Department.

Vote: 4 - 0 Passed
SBCTA Cooperative Agreement Interstate 10/Alabama Street Project Municipal Utilities and Engineering Director Harris reviewed the need to extend the Cooperative Agreement with SBCTA for the Interstate 10/Alabama Street Improvement Project by two years to December 31, 2024. As public comment, Steve Rogers was worried the City may never see Phase II completed.

On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, the Cooperative Agreement Time Extension with SBCTA for the Interstate 10/Alabama Street Improvement Project by two (2) years to December 31, 2024.

Vote: 4 - 0 Passed
Resolution No. 8385 Water Efficiency Rebate Program
CC_SA_October 4, 2022

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Municipal Utilities and Engineering Director Harris introduced Resolution No. 8385 amending the City's Water Efficiency Rebate Program. Council Member Davis was pleased to see the increase in funding to grow the program, but questioned why the City was providing rebate monies to residents who used artificial turf. She said the material has been found to be harmful to the environment, and she requested the resolution be revised to remove rebates for installing artificial turf.

On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council directed staff to further review the City's Water and Efficiency Rebate Program and to address the feedback presented by Council Members tonight.

Vote: 4 - 0 Passed
Food Truck License Agreement
On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council determined, by roll call vote, that approval of the License Agreement with Juan Morales, doing business as "The Dog House", is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act Guidelines; and approved the License Agreement with Juan Morales, doing business as "The Dog House", for a food truck at the City's Corporate Yard, 1270 W. Park Avenue.

Vote: 4 - 0 Passed
Street Closure Redlands Elks Veterans Car Show
On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council approved, by roll call vote, the request to close New York Street and West Stuart Avenue for the Redlands Elks Veterans Car Show event hosted by the Redlands Elks Lodge on October 15, 2022.

Vote: 4 - 0 Passed
Redlands Turkey Trot In-Kind Support
Assistant City Manager Boatman introduced the request for in-kind support of $6,036 to hold The Redlands Turkey Trot event hosted by Phoenix Hope International on November 24, 2022, within Sylvan Park and the surrounding area. As public comment, Dennis Bell was opposed to granting in-kind support to out-of-state organizations.

Park Ave., N. University St., Sylvan Blvd., N. Grove St., E. Brockton Ave., and Chapel St. and; authorized the expenditure of city resources and in-kind support in the amount of $6,036 related to this event.

CC_SA_October 4, 2022

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Vote: 4 - 0 Passed
Downtown Redlands Artwalk In-Kind Support
Assistant City Manager Boatman reviewed the request for in-kind support of $5,554 related to the Downtown Redlands Artwalk event hosted by the Kid's Cures Foundation to be held on October 23, 2022. As public comment, Dennis Bell questioned if the organization provided the appropriate insurance forms. KP wondered if this artwalk event was being hosted by a different organization from similar events in the past. The event organizer desired to encourage artists and the fund-raising efforts would support a non-project group, Build-a-Bag program of the Kid's Cures Foundation. Assistant City Manager Boatman stated any organization hosting an event must provide the necessary insurance forms. This year's activities were hosted by a different organization than in the past and any group interested in hosting an event was invited to submit their request to the City.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; authorized and approved a request for in-kind support in the amount of $5,544 related to this event; authorized the temporary closure of East State Street from Orange Street to 7th Street and 5th Street from Redlands Boulevard to State Street on October 23, 2022; and approved the request for the sale and consumption of alcoholic beverages in Ed Hales Park.

Vote: 4 - 0 Passed

COMMUNICATIONS
Inclusionary Housing Program
Development Services Director Desatnik provided background on the creation of an Inclusionary Housing program. Many cities have viewed Inclusionary Housing programs as offering multiple benefits to the community, including: housing for low to moderate income working households, such as those headed by teachers, police officers, retail clerks, firefighters, senior citizens, young families, and others who would otherwise be priced out of the current real estate market; diverse, mixed-income communities; affordable housing spread throughout the community; market-based solution to leverage affordable housing; reduced sprawl and traffic congestion by allowing people to live closer to where they work and, for public sector employees, in the communities in which they serve; and predictability for developers who must all follow the same inclusionary housing policy and procedures. He added that despite a number of court challenges, these other ordinances have been upheld as a valid exercise of a city's zoning powers. He added the first step to create the program was to complete a financial evaluation. As public comment, Jeff Green and Maribel Nunez, of Inland Equity Community Land Trust, supported the City's efforts to establish a program and encouraged the Council to engage community residents as they move forward with the matter.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise CC_SA_October 4, 2022

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council authorized, by roll call vote, staff to develop an inclusionary housing program to encourage the development of affordable housing; approved the sole source agreement with Keyser Marston Associates Inc., for an amount not-to-exceed $50,400; and approved an additional appropriation of $50,400 from the General Fund unassigned fund balance to the Development Services FY 2022-23 Planning Budget.

Vote: 4 - 0 Passed
PUBLIC HEARINGS
Planning Commission’s Approval Appeal of City Center Project Mayor Barich declared the meeting open as a public hearing and called on Sean Reilly, of Development Services, for a review of the appeal of the Planning Commission’s approval for the City Center mixed use project, as submitted by Lozeau Drury LLP, representing Supporters Alliance for Environmental Responsibility (SAFER). Amalia Bowley Fuentes, representing the Appellant, stated the Planning Commission should not have approved the Project and the City should prepare a revised SCEA or prepare an Environmental Impact Report (“EIR”) because the SCEA failed to reduce the project impacts. As public comment, Steve Rogers said he thought there had been no real environmental review done and he questioned why a traffic study was not prepared. Tom Robinson, the project developer, urged the Council to deny the appeal, adding the City was in need of housing and the building and construction of the project would comply with the state's green building codes. A representative from the project consulting team, EPD Consulting, clarified that the appellant's comments were thoroughly reviewed and nothing led the team to change their opinion. One written comment was received, requesting the City approve to deny the appeal. With no further comments, the Mayor closed the public hearing.

On motion of Council Member Mick Gallagher, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, to deny the Appeal and uphold the Planning Commission’s approval for Conditional Use Permit No. 1138 and Tentative Parcel Map No. 20475, and adoption and certification of the Sustainable Communities Environmental Assessment, for the City Center mixed-use project.

Vote: 4 - 0 Passed
The Grand Residential Project
Mayor Barich declared the meeting open as a public hearing and called on Contract Planner, Emily Elliott for details of "The Grand", a proposed residential project located at the northeast corner of West Redlands Boulevard and Eureka Street. The Applicant, Vantage One Real Estate Investments, LLC. The Applicant, represented by Tom Robinson, described the project location as a key intersection in the town, which will encourage people to walk in the area and access the train station. Smaller units have intentionally been designed in order to be more affordable, but he added there will be many attractive amenities. As public comment, Steve Rogers complained that a full environmental impact report was not prepared, and he was concerned this project was situated within a flood zone and he urged the Council to hold off approval of this until the Transit Villages Specific Plan (TVSP) was considered. Pat Meyer, representing Vantage One Real Estate, pointed out a full hydrology study was performed in compliance with FEMA and the project was consistent with the City's Municipal Code. Development Services Director Desatnik stated both CC_SA_October 4, 2022

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consistent with the City's Municipal Code. Development Services Director Desatnik stated both the City Center Project and The Grand Project were not dependent on approval of the TVSP. One written comment was received in support of the project. With no further comments, Mayor Barich closed the public hearing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, Resolution No. 8389 adopting the Sustainable Communities Environmental Assessment document prepared for the project in accordance with the California Environmental Quality Act; adopted Resolution No. 8390 approving Amendment No. 23 to Specific Plan No. 45 (Downtown Specific Plan); and adopted Resolution No. 8391, approving Commission Review and Approval No. 911 and Tentative Parcel Map No. 20175 for the proposed project.

Vote: 4 - 0 Passed
Resolution No. 8392 2021-2029 Housing Element
Mayor Barich declared the meeting open as a public hearing and called on Development Services Director Desatnik who presented Resolution No. 8392 to adopt the Amended 6th Cycle 2021-2029 Housing Element (General Plan Amendment No. 144). The Housing Element is one of the required elements of the General Plan, pursuant to the State Law and is required to be updated periodically. 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”). One written comment was received, congratulating staff for their efforts.

With no further comments, Mayor Barich closed the public hearing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council approved Resolution No. 8392 adopting the Amended 6th Cycle 2021-2029 Housing Element (General Plan Amendment No. 144).

Vote: 4 - 0 Passed
Mayor Barich announced a brief recess at 7:48 P.M. with the City Council reconvening at 8:00 P.M.

NEW BUSINESS
City Manager's Employment Agreement
City Attorney Abich Garcia discussed the Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. The agreement proposed the following terms: extension of the Employment Agreement for an additional 3 years expiring January 31, 2026; base salary of $280,000; twelve months of severance; benefits, leave and deferred compensation as set forth in the current contract remain unchanged. As public comment, Steve Rogers was not pleased with the performance of the City Manager. In his opinion, there had not been a shift away from past practices of the former city manager and he thought incentive bonuses should not apply to the city manager position.

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On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. Mayor Barich congratulated Mr. Duggan and thanked him for his dedication.

Vote: 4 - 0 Passed
Side Letter RPFA Agreement
Assistant City Manager McConnell introduced the Side Letter of Agreement between the City and the Redlands Professional Firefighters Association related to negotiations of their current Memorandum of Understanding (MOU) with proposed 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.

Council Members fully supported the side letter. Council Member Gallagher pointed out that with approval of the paramedic incentive language in Article 23 of the MOU, only one emergency vehicle, not two, will be deployed in response to a call because the Fire Department will have a paramedic assigned to each unit.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council approved, by roll call vote, the Side Letter of Agreement between the City and the Redlands Professional Firefighters Association.

Vote: 4 - 0 Passed
Ordinance 2944 Water, Sewer and Solid Waste Charges/Payments Management Services/Finance Director Garcia explained the need for Ordinance 2944 amending Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments to provide clarification and simplify processes for city staff to waive late fees for customers and provide for the customer to request a late fee waiver once every twelve months.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council introduced, by roll call vote, Ordinance 2944 amending Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments; and determined 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.

Vote: 4 - 0 Passed
Contract Award Joslyn Senior Center Renovation Project
Assistant City Manager Boatman reviewed 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.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise CC_SA_October 4, 2022

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council determined, by roll call vote, 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; approved an additional appropriation of $180,535.38; and awarded 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.

Vote: 4 - 0 Passed
SBCTA Operations/Maintenance Agreement for Downtown Station Assistant City Manager Boatman described the Operations and Maintenance Agreement with the San Bernardino County (erroneously referred to as San Bernardino California) Transportation Authority (SBCTA) for the City’s maintenance and security obligations at the Downtown Station for the Redlands Passenger Rail Project. He added the City would continue to monitor and evaluate security services for the next 18 months and SBCTA was providing funding for two years. As public comment, Steve Rogers was concerned that University Station was not mentioned in this agreement and it appeared to him that there would be no bus service to serve the rail.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mick Gallagher, the City Council determined, by roll call vote, that approval of an Operations and Maintenance Agreement with the San Bernardino County (erroneously referred to as 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 approved the Operations and Maintenance Agreement with the San Bernardino County (erroneously referred to as San Bernardino California) Transportation Authority for the City’s maintenance and security obligations at the Downtown Station.

Vote: 4 - 0 Passed
Ordinance No. 2945 Organic Waste Disposal
Assistant City Manager Boatman provided a report of Ordinance No. 2945, adding Chapter 13.67 to the Redlands Municipal Code relating to the establishment of regulations governing organic waste disposal. The 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. To be in full compliance with state 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. Assistant City Manager Boatman responded to Council Members' questions and added the proposed ordinance does not change anything currently in the Municipal Code and would provide a framework for the future.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise CC_SA_October 4, 2022

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council introduced, by roll call vote, Ordinance No. 2945, adding Chapter 13.67 to the Redlands Municipal Code relating to the establishment of regulations governing organic waste disposal; and determined 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.

Vote: 4 - 0 Passed
Downtown Market Plan
Assistant City Manager Boatman detailed the implementation plan for the Downtown Market as recommended by the City Council subcommittee. Based on the survey results, staff provided a recommendation to the Parks and Recreation Committee 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. As public comment, Evan Sanford, representing the Redlands Chamber of Commerce, supported the expansion of the Saturday Morning Farmer's Market. Council Members provided their thoughts and perspectives and discussed at length the merits of offering the market on Saturday morning versus bringing back the program on Thursday night. Council Member Guzman-Lowery described the importance of providing the community with family-friendly activities in the downtown area and she supported maintaining the Thursday night program, but suggested the City consider offering both a night market and a morning market. Chief Catren reiterated he does not have the police resources to cover a night market.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council determined, by roll call vote, that approval of the Plan is categorically exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and directed staff to implement the Downtown Market Plan as recommended by the City Council subcommittee.

Vote: 4 - 0 Passed
Platform and Parking Lot Security Agreement
Assistant City Manager Boatman presented an agreement with Patrol Solutions, LLC., for the provision of platform and parking lot security for the Redlands Passenger Rail Downtown and University Stations in an amount not-to-exceed $410,000 for the initial term of one year, with the option to extend by one additional one-year term for a total amount not-to-exceed $820,000. The project will be fully funded by SBCTA for two years. The City and SBCTA have agreed the City will provide a security guard at both stations, beginning 15 minutes prior to the arrival of the first train until 15 minutes after the last scheduled train departs; approximately 18-19 hours daily.

SBCTA is responsible for reimbursing the City for costs associated with maintenance and security for the initial two-year period. After the initial period, the City and SBCTA will reassess CC_SA_October 4, 2022

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Redlands Regular Meeting of 10-18-22 20 of 1815
the need for full-time onsite security.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the agreement with Patrol Solutions, LLC., for the provision of platform and parking lot onsite security services for the Redlands Passenger Rail Downtown and University Stations in an amount not-to-exceed $410,000 for the initial term of one year, with the option to extend by one additional one-year term for a total amount not-to-exceed $820,000; and approved additional appropriations of $160,000 in both revenue and expenses in FY 2022-23, and FY 2023-2024.

Vote: 4 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Mayor Barich stated the City was very fortunate to have City Manager Duggan for his strong leadership and dedication to the City. Mr. Duggan expressed his appreciation of the Council for renewing his employment agreement and credited the hard work of all the directors and staff. Mr.

Duggan announced the City's finance rating was upgraded to "AA".

ADJOURNMENT

There being no further action required, the meeting adjourned at 9:05 P.M. The next regular meeting of the City of Redlands City Council will be held on October 18, 2022.

SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF

REDLANDS
Chairman Barich called the meeting to order and offered anyone present the opportunity to address the Board on any subject, not already on the agenda, within the jurisdiction of the Successor Agency.

PUBLIC COMMENT
None forthcoming
Minutes
On motion of Board Member Davis, seconded by Board Member Gallagher, the minutes of the regular meeting of September 6, 2022, were approved by roll-call vote.

Vote: 4 - 0 Passed

ADJOURNMENT

There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:06 P.M. The next regular meeting of the Agency will be held on November 1, 2022.

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City Council Meeting I. 2.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of Proclamation declaring the month of October, 2022 as American Pharmacists Month (Mayor Barich)
MOTION:

I move to authorize issuance of Proclamation declaring the month of October, 2022 as American Pharmacists Month.

Attachments
Proclamation - American Pharmacist Month 2022
Redlands Regular Meeting of 10-18-22 22 of 1815
Redlands Regular Meeting of 10-18-22 23 of 1815
City Council Meeting I. 3.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a Proclamation Declaring October 23-29, 2022 as Childhood Lead Poisoning Prevention Week (Mayor Barich) MOTION:

I move to authorize issuance of a Proclamation Declaring October 23-29, 2022 as Childhood Lead Poisoning Prevention Week.

Attachments
Childhood Lead Poisoning Prevention Week
Redlands Regular Meeting of 10-18-22 24 of 1815
Redlands Regular Meeting of 10-18-22 25 of 1815
City Council Meeting I. 4.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendations for appointments to the Human Relations Commission (Mayor Barich and Council Member Davis) MOTION:

I move to appoint Matthew Maiberger and Claudia Ruiz to each serve four-year terms on the Human Relations Commission beginning October 18, 2022 and ending October 18, 2026.

RECOMMENDATION:

In accordance with Redlands Municipal Code Section 2.66.020, nominations to this Commission are made on a rotational basis by members of the City Council.

Because there are two terms expiring, two council members have made recommendations to City Council to appoint the individuals listed below to serve four-year terms on the Human Relations Commission.

Recommendation By:

Matthew Maiberger Mayor Barich
Claudia Ruiz Council Member Davis
DISCUSSION:

The terms of both Commissioner Gretchen Andrews and Commissioner Stephanie Miranda will expire on October 21, 2022. Neither commissioner is seeking reappointment. As a result, two new commissioners have been selected from among the applications received.

A public notice advertising that the City was accepting applications for the Human Relations Commission was issued in August of this year. In addition, the public notice was concurrently aired on Redlands TV and posted on the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notice. The City Redlands Regular Meeting of 10-18-22 26 of 1815
newspapers also received distribution of the public notice. The City received two applications from residents interested in serving on this commission, and had five from a previous posting.

The Human Relations Commission consists of nine members as follows:

Vanessa Annaguey Aranda
Roy George
Shaheen Zakaria
Kenneth Ford
Julie Houston
Gail Howard
Gretchen Andrews-Expiring
Stephanie Miranda-Expiring
Varun Srivastava (Student)
ALTERNATIVES:

The City Council may choose not to support the recommendations and direct staff to seek additional applications for consideration.

SUBMITTED BY:

Jennifer Macias, Management Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Human Relations Commission Applications
Human Relations Commission-Public Notice
Redlands Regular Meeting of 10-18-22 27 of 1815
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City Council Meeting I. 5.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8398 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days (Council Member Davis)
MOTION:

I move to adopt Resolution No. 8398.

DISCUSSION:

On October 4, 2022, the City Council adopted Resolution No. 8389 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 30 days ending November 2, 2022. AB 361, signed into law on September 16, 2021, amends Government Code Section 54953 to provide the authority and specific requirements for public agencies to hold virtual meetings during a proclaimed state of emergency and remain in compliance with the Brown Act.

In accordance with Government Code Section 54953 (e)(3), the City Council must review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency. With the adoption of Resolution No. 8384, the City Council is reaffirming its findings and compliance with AB 361 for an additional 30 days ending November 16, 2022.

SUBMITTED BY:

Council Member Denise Davis
Redlands Regular Meeting of 10-18-22 42 of 1815
Attachments
Reso. 8398 Teleconference Meeting
Redlands Regular Meeting of 10-18-22 43 of 1815
L:\Reso\8398 Teleconference Meeting 10.18.22.docx
RESOLUTION NO.8398

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

AUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

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

OF THIRTY DAYS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that hasspread acrossthe globe, with thousands of confirmed casesin California, including within the City of Redlands (“City”); and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a proclamation declaring a national emergency concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a proclamation of a state of emergency on March 4, 2020; and WHEREAS, the City Council of the City adopted a proclamation of a local emergency related to the COVID-19 virus on March 17, 2020; and
WHEREAS, the City is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and City boards, commissions, and committees(hereafter collectively referred to as “legislative bodies;”) and WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act (“Brown Act”) (Government Code section 54950 et seq.), so that any member of the public may attend, observe, and participate in a meaningful way; and
WHEREAS, Government Code section 54953(b)(3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:

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

2. Each teleconference location is accessible to the public;

3. Members of the publicmust be able to addressthe body at each teleconference location;

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

5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and
Redlands Regular Meeting of 10-18-22 44 of 1815
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WHEREAS, the Brown Act, as amended by AB 361 (2021), at Government Code section 54953(e), allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and WHEREAS, the initial required condition of Government Code section 54953(b)(3) is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and WHEREAS, the Governor’s proclamation of a state of emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code section 54953(e)(3)(A-B), added by AB 361, provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when the City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

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

2. The State of California and the County of San Bernardino continue to recommend measures to promote social distancing; and
WHEREAS, Government Code Section 54953(e) further requires that state or local officials have imposed, or recommended, measures to promote social distancing, or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) state and local officials do recommend social distancing measures, and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths, such that meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by City Council members as well as board, commission, and committee members and the public, via Zoom, or other appropriate technology, in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953 (e)(3) further requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency; Redlands Regular Meeting of 10-18-22 45 of 1815
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY RESOLVES AS FOLLOWS:

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

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

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

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

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

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

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

Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) November 16, 2022, or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e).

ADOPTED, SIGNED AND APPROVED this 18th day of October 2022. ________________________
ATTEST: Paul T. Barich, Mayor
____________________________
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a special meeting thereof held on the 18thday of October 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 47 of 1815
City Council Meeting I. 6.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Memorandum of Understanding between the City of Redlands and San Bernardino Community College District to provide student interns (Assistant City Manager McConnell) MOTION(S):

I move to approve a Memorandum of Understanding between the City of Redlands and San Bernardino Community College District to provide student interns.

RECOMMENDATION:

Staff recommends that Council approve a Memorandum of Understanding agreement with San Bernardino Community College District, as it provides the City of Redlands a valuable opportunity for college students to learn about municipal government careers while providing supplemental staffing to multiple city departments.

DISCUSSION:

San Bernardino Community College District is providing a Federal Work-Study Program which is designed to provide eligible students with the opportunity to work as interns with local employers in order to connect classroom knowledge with the workplace and gain valuable work experience. The student intern will work up to a maximum of 15 hours per week and salaries will be covered by the college. The City of Redlands has been engaging student interns for the past several years to perform a variety of tasks and supplement the work force in the city departments. The term of the attached Memorandum of Understanding agreement is for a period of one year from October 11, 2022 to June 30, 2023, unless terminated by either Party after giving the other Party 7 days’ prior written notice of the intent to terminate.

Redlands Regular Meeting of 10-18-22 48 of 1815
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
Janice McConnell, Assistant City Manager
Tommi Ng, Assistant Director, Human Resources and Risk
PREPARED BY:

Beatris Ordaz, Human Resources Manager
Fiscal Impact
Discussion:

There is no fiscal impact associated with the approval of this MOU.

Attachments
MOU with SBCCD
Redlands Regular Meeting of 10-18-22 49 of 1815

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L:\ca\Agreements\SBCCD_and_City_of_Redlands_MOU_-_Off_Campus_Work_Study-FY22-0053.doc San Bernardino Community College District
114 Del Rosa Drive
San Bernardino, California, 92408
Memorandum of Understanding
For Off-Campus Work-Study Placement
This Memorandum of Understanding is entered into this 18th day of October 2022 by and between the City of Redlands “SITE” and San Bernardino Community College District for the Campus Crafton Hills College hereinafter referred to as “DISTRICT”.

WHEREAS, SITE and the DISRICT desire to form a partnership in support of DISTRICT’S Federal Work-Study Program:

NOW THEREFORE, SITE and DISTRICT agree to the following:

1. RESPONSIBILITIES OF THE SITE:
a. Provide support to DISTRICT’S ISEEK students in the form of student employment site and skills training.
b. Provide facility, tools, equipment and supplies as maybe deem necessary to the work experience.
c. Train students as to the company’s procedures and duties. d. Monitor student’s timecards and ensure that students do not work more than fifteen (15) hours each week and no more than eight (8) hours in one day.
e. Submit completed Student timesheets to DISTRICT by no later than the 12th of each month.
f. Monitor progress of students via evaluation, progress reports and completeness of a student performance objective.
g. SITE reserves the right of approval of students provided by DISTRICT.

2. RESPONSIBILITIES OF THE DISTRICT:
a. Provide suitable Intern students who will provide support to SITE. b. Provide orientation to students
c. Provide information and any updates on timesheet reporting d. Process payroll for Intern students
e. Provide students with support for any work-related issues f. Meet with SITE staff as appropriate
g. Include students in its Workers’ Compensation Insurance coverage h. Ensure that students have been fingerprinted for criminal record clearance and are free from active tuberculosis if needed by SITE.

3. TERM
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L:\ca\Agreements\SBCCD_and_City_of_Redlands_MOU_-_Off_Campus_Work_Study-FY22-0053.doc The Term of this MOUS shall be October 11, 2022, to June 30, 2023. Not to Exceed one Fiscal year.

4. TERMINATION
This agreement may be canceled by either party without cause by written notice and with seven (7) calendar days.

5. RELATIONSHIP OF PARTIES
DISTRICT and SITE herby agree and acknowledge that SITE, in providing the services herein specified, is and at all times shall be acting as an independent contractor. As such, SITE shall have the right to determine the time and the manner in which the contracted services are performed.

DISTRICT shall not have the right to control or to determine the results to be attained by the work of CONTRACTOR, nor the details, methods, or means by which that result is to be attained. CONTRACTOR shall not be considered an agent or employee of DISTRICT and shall not be entitled to participate in any employee fringe benefits of DISTRICT. The relationship of the parties will be based on the IRS guidelines (see Attachment A). The DISTRICT reserves the right to make the final determination as to the correct relationship of the parties.

6. HOLD HARMLESS
Each party agrees to defend, indemnify, save and hold each others, its officers, agents and employees harmless from any liability for any claims, accusations, or suits at law or in equity, or in any administrative proceeding, that may be brought by third persons on account of personal injury, death, or damage to property, or a property of business or personal interest, or for any fine, forfeiture or civil penalty arising from any act or omission by either party, its officers, agents, or employees while performing operations under the Agreement.

7. INSURANCE
SITE agrees to maintain in force during the term of the MOU, such General Liability Insurance as will protect each with respect its own operations.

8. ATTORNEY’S FEES
Should any party violate or breach any term or condition of this Agreement, any other party shall have, without limitation, the right to move for entry of judgment by a court of competent jurisdiction, to seek specific performance thereof, and otherwise exercise all remedies available to him, her or it under the law to obtain redress from injury or damage resulting from any such violation or breach. In any such legal proceeding(s) brought to enforce the Redlands Regular Meeting of 10-18-22 51 of 1815

Page 3 of 3 ends

L:\ca\Agreements\SBCCD_and_City_of_Redlands_MOU_-_Off_Campus_Work_Study-FY22-0053.doc terms and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred as a consequence hereof.

9. ENTIRE AGREEMENT
There are no understandings or agreements except as herein expressly stated.

IN WITNESS WHEREOF: the parties to the agreement have executed this MOU on the day and year written above.

DISTRICT SITE
____________________________________ ______________________________ (Signature) (Signature)
Steven J. Sutorus, Business Manager Name: Charles M. Duggan, Jr. 114 South Del Rosa Drive
San Bernardino, CA, 92408 Title: City Manager
Address:
35 Cajon Street, Suite 200
Redlands, CA 92373
Date: __________________________ Date: ________________________ Redlands Regular Meeting of 10-18-22 52 of 1815
City Council Meeting I. 7.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure and Approval of Agreement of Settlement and General Release - Andrea Benveniste v. City of Redlands; San Bernardino County Superior Court Case No. CIVDS2012175 (City Attorney Garcia)
DISCUSSION:

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

SUBMITTED BY:

Jimmy Nguyen, Administrative Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Attachments
Settlement Agreement
Redlands Regular Meeting of 10-18-22 53 of 1815
DocuSign Envelope ID: 7AA3495D-1B94-45EA-A627-131B5A38BCD0 DocuSign Envelope ID: B46E4FF1-B840-4A37-B56A-6F069DA48488 Redlands Regular Meeting of 10-18-22 54 of 1815
DocuSign Envelope ID: 7AA3495D-1B94-45EA-A627-131B5A38BCD0 DocuSign Envelope ID: B46E4FF1-B840-4A37-B56A-6F069DA48488 Redlands Regular Meeting of 10-18-22 55 of 1815
DocuSign Envelope ID: 7AA3495D-1B94-45EA-A627-131B5A38BCD0 DocuSign Envelope ID: B46E4FF1-B840-4A37-B56A-6F069DA48488 Redlands Regular Meeting of 10-18-22 56 of 1815
DocuSign Envelope ID: 7AA3495D-1B94-45EA-A627-131B5A38BCD0 DocuSign Envelope ID: B46E4FF1-B840-4A37-B56A-6F069DA48488 Redlands Regular Meeting of 10-18-22 57 of 1815
DocuSign Envelope ID: 7AA3495D-1B94-45EA-A627-131B5A38BCD0 DocuSign Envelope ID: B46E4FF1-B840-4A37-B56A-6F069DA48488 Redlands Regular Meeting of 10-18-22 58 of 1815
City Council Meeting I. 8.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance 2944-Second Reading-amending Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to adopt Ordinance No. 2944.

RECOMMENDATION:

It is recommended the City Council consider adoption of Ordinance No. 2944, amending Title 13 (Public Services) Chapter 13.12 relating to water, sewer and solid waste charges and payments.

DISCUSSION:

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

ALTERNATIVES:

The Council may continue this matter in order to allow additional time to review Ordinance No. 2944.

Redlands Regular Meeting of 10-18-22 59 of 1815
STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance No. 2944
Redlands Regular Meeting of 10-18-22 60 of 1815
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 Redlands Regular Meeting of 10-18-22 61 of 1815
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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.

Redlands Regular Meeting of 10-18-22 62 of 1815
3 L:\ca\Ord\2944 Amending Chapter 13.12 Clean.docx
_________________________________
Paul T. Barich, Mayor
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 63 of 1815
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
Redlands Regular Meeting of 10-18-22 64 of 1815
City Council Meeting I. 9.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize a Single Source Professional Services Agreement with Willdan Engineering for the provision of fire plan review and inspection services for an amount not-to-exceed $100,000 for a period of one year; and authorize an additional appropriation in the amount of $100,000 for the cost of these services (Fire Chief Sessler)
MOTION(S):

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

I move to approve a single source Professional Services Agreement with Willdan Engineering for the provision of fire plan review and inspection services for the Redlands Fire Department for an amount not-to-exceed $100,000 for a period of one year; and authorize an additional appropriation in the amount of $100,000 for these services.

RECOMMENDATION:

Staff recommends the City Council approve a single source Professional Services Agreement with Willdan Engineering for the provision of fire plan review and inspection services for the Redlands Fire Department for an amount not-to-exceed $100,000 for a period of one year, and authorize an additional appropriation in the amount of $100,000 to fund these services.

DISCUSSION:

On July 5, 2022, the City Council approved an agreement with Willdan Engineering for the provision of on-call building inspection, plan review, CASp consulting, emergency response and special projects for Development Services Department.

Redlands Regular Meeting of 10-18-22 65 of 1815
Similar to the Development Services Department, the Fire Department Community Risk Reduction Division reviews plans for new construction and occupancy of all residential, commercial and industrial buildings in order to ensure life, fire and health safety. Prior to the issuance of building permits, the Fire Marshal performs plan checks of all proposed construction projects which includes additions and alterations to existing buildings. Field inspections are performed on all new construction, additions, alterations and demolitions for compliance with all structural, fire, energy and life safety requirements. Like Development Services, the responsibility of the CRR Division also includes providing the general public with basic construction information, seismic safety information, calculating fees, and issuing building, plumbing, electrical, mechanical and demolition permits.

Due to the unplanned personnel shortages within the Community Risk Reduction (CRR) Division, staff would like to request approval of a Professional Services Agreement (PSA) with Willdan Engineering for the provision of fire plan review and inspection services as a single source procurement. The staffing issues in the CRR Division have created an urgent need to outsource building and fire protection systems inspections and life safety plan reviews so that turn-around times are not impacted. Approval of the proposed PSA would augment staffing in the CRR Division during peak demand for services and prevent service delivery impacts. Willdan Engineering has proven to be efficient and cost-effective through their services to the Development Services Department. Currently, they are also providing part-time fire plan review services to RFD in order to avoid delays in turn-around times for permits. Staff is now seeking to have a contract in place for these services while the recruitment for staff is completed.

The Professional Service Agreement with Willdan Engineering would provide said services for an amount not-to-exceed $100,000 for a period of one year. In addition to the approval of the PSA with Willdan Engineering, staff is requesting the authorization of an additional appropriation in the amount of $100,000 to fund the cost of these services.

ALTERNATIVES:

Not approve the single source professional services agreement with Willdan Engineering Services to provide fire plan review and inspections services for the Redlands Fire Department. However, not approving the agreement could potentially impact service delivery by delaying the turn-around time on permit inspections and plan review.

Redlands Regular Meeting of 10-18-22 66 of 1815
STRATEGIC PLAN:

Priority B - Public Health and Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

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

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 100,000
Budgeted Y/N: N
Account No.: 101250
Discussion:

The Fire Department is requesting an additional appropriation in the amount of $100,000 to fund the plan check review and inspection services. The additional appropriation is needed as the funding for these contract services was not budgeted and is now needed due to unplanned personnel shortages within the Community Risk Reduction Division to prevent service delivery impacts.

Attachments
Agreement
Single Source Form
Additional Appropriation
Redlands Regular Meeting of 10-18-22 67 of 1815
1 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm

AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of building and safety services (“Agreement”) is made and entered in this 18th day of October, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Willdan Engineering a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide on-call building and fire and life safety inspection, and plan review for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONSULTANT

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

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

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates Rich Sessler, Fire Chief, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

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

4.2 The term of this Agreement shall be for a period of one year commencing as of the Effective Date, unless terminated earlier as provided herein.

Redlands Regular Meeting of 10-18-22 68 of 1815
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4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of One Hundred Thousand Dollars ($100,000). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled (“Fee Schedule Title”) which is attached hereto and incorporated herein by reference.

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

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

Rich Sessler, Fire Chief Patrick Johnson, Director
Redlands Fire Department Building and Safety
City of Redlands Willdan Engineering
35 Cajon Street, Suite 12 650 E. Hospitality Lane
P.O. Box 3005 (mailing) Suite 400
Redlands, CA 92373 San Bernardino, CA 92408
[email protected] [email protected]
Redlands Regular Meeting of 10-18-22 69 of 1815
3 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.

Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

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

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

C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.

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

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

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, Redlands Regular Meeting of 10-18-22 70 of 1815
4 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

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

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

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

ARTICLE 8 – GENERAL CONSIDERATIONS

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

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

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

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

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

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

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and Redlands Regular Meeting of 10-18-22 72 of 1815
6 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

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

CITY OF REDLANDS WILLDAN ENGINEERING
By: By:

Paul T. Barich, Mayor Patrick Johnson,
Director of Building & Safety
ATTEST:

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 73 of 1815
7 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm EXHIBIT "A"

SCOPE OF SERVICES
Plan review - Review building, fire protection systems and life safety plans for compliance with the current editions of the California Codes (i.e., theCalifornia Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Green Code, California Fire Code, Historical Code, etc.), development approvals, and other pertinent City and State regulations falling within the purview of the Fire Code Official; provide a detailed list of deficiencies needing correction and mark up documents; make recommendations for approval of said plans when found to be in compliance, as stated above, or when they have been corrected or altered to be in compliance; and meet with various constituents, including but not limited to, architects, building designers, contractors and owner-builders, to resolve issues regarding plans being reviewed.

Inspection - Provide inspectors certified and qualified, per Subsection C below, to perform fire code and building code inspections in accordance with the current editions of the California Codes (i.e., the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Green Code, California Fire Code, Historical Code, etc.), State and City regulations and other rules and regulations within the purview of the Building Official and review the permit package to verify that the on-site condition is consistent with the City’s records for development approvals, square footage, setbacks, heights, and other requirements that may be applicable. Inspectors shall be qualified to perform inspections of existing building for violations of Building Codes, Fire codes, and Ordinances as adopted by the City; research properties for prior approvals, permit and general information relating to violations; investigate and take necessary action when a violation of City regulations exists; comply with the City’s procedures for reporting inspection results and deficiencies; use City inspection summary reports; make appropriate entries onto the permit documents and other records; notify the builder of other agency approvals required prior to finalizing a building and fire permit; maintain records as may be needed for the efficient and effective operation of the City; and meet with members of the general public and City staff on a daily basis in the City offices, if necessary.

Redlands Regular Meeting of 10-18-22 74 of 1815
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COMPENSATION
Cost Proposal
September 21, 2022
City of Redlands
Attn: Rich Sessler, Fire Chief
35 Cajon Street, Suite 12
Redlands, CA 92373
Subject: Cost Proposal – On-Call Building and Safety Inspection, Plan Review and CASp Consulting Services
Dear Mr. Sessler:

Willdan Engineering is pleased to present this cost proposal to the City of Redlands to continue to provide Building and Safety and Fire Protection services to the City. All services will be provided to the City for allinclusive hourly rates as shown below.

SERVICE PROVIDED ALL-INCLUSIVE HOURLY RATE
ICC Certified Plans Examiner $120/hour
Fire Plan Review $125/hour
Plan Check Engineer $135/hour
ICC Certified Building Inspector $ 95/hour*
Fire Inspection $ 100/hour*
CASp Certified Inspector/Plans Examiner $120/hour
Emergency Services Rates as shown above x 1.5%
Special Projects As mutually agreed upon depending on service Permit Technician $ 65/hour
Building Official Services $135/hour
*For inspections, overtime will be charged a 1.5 factor, and mileage for inspections will be billed at the current IRS Standard Mileage Rate.

Rates will not increase through June 30, 2023. If the Agreement is extended beyond June 30, 2023, Willdan may reserve the right to increase rates once per year to the value between the 12-month % change of the Consumer Price Index for San Bernardino County area and five percent.

Willdan looks forward to continuing its service to the City of Redlands.

Redlands Regular Meeting of 10-18-22 75 of 1815
9 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm Respectfully submitted,

WILLDAN ENGINEERING
Patrick Johnson, PE, CBO
Director of Building and Safety
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10 L:\ca\Agreements\Willdan_Engineering_Agreement-FY22-0037.docx-jm EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake 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.

WILLDAN ENGINEERING
By: Date:

Patrick Johnson,
Director of Building and Safety
Redlands Regular Meeting of 10-18-22 77 of 1815
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition # ___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable.

The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.

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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS

1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory compatible with existing equipment.

Existing Equipment:

Manufacturer/Model Number:

Age:

Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-thannew cost. f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:

4. List below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.

5. Explain what action(s) the department would take if the sole/single source services were no longer available

6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available for audit in my department _________________________________________________________ Prepared by Date
_________________________________________________________ Department Director Date
Purchasing Approvals
______________________________________________________
Purchasing Agent Approval Date
_______________________________________________________ City Manager Approval Date
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City Council Meeting I. 10.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Accept the Department of Homeland Security, Federal Emergency Management Agency 2021 Emergency Management Performance Grant award in the amount of $18,724, and authorize an additional appropriation of the same amount to the Emergency Preparedness fund (Fire Chief Sessler)
MOTION(S):

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

I move that City Council accept the Federal Emergency Management Agency 2021 Emergency Management Performance Grant in the amount of $18,724, and authorize an additional appropriation of the same amount to the Emergency Preparedness fund.

RECOMMENDATION:

Staff recommends that the City Council accept the Federal Emergency Management Agency 2021 Emergency Management Performance Grant in the amount of $18,724, and authorize an additional appropriation of the same amount to the Emergency Preparedness fund.

DISCUSSION:

The purpose of the Emergency Management Performance Grant (EMPG) is to sustain and improve comprehensive emergency management programs at the state, tribal, and local levels for all man-made and natural disasters through the prevention, mitigation, response and recovery of all hazardous events.

The acceptance of an additional appropriation for this grant will assist with the partial salary of the Emergency Operations Specialist position in the Fire Department's Emergency Operations Division. This position assists with grant Redlands Regular Meeting of 10-18-22 82 of 1815
Department's Emergency Operations Division. This position assists with grant management, emergency operations plan development and updating, Community Emergency Response Team (CERT) Program, purchasing and other administrative duties within the Fire Department.

ALTERNATIVES:

Do not accept the Emergency Management Performance Grant at this time.

STRATEGIC PLAN:

Priority B - Public Health and Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Esther Martinez, Emergency Operations Specialist
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: Y
Appropriation Required Y/N: Y
Amount: $18,724
Budgeted Y/N: N
Account No.: 101254
Discussion:

Funding in the amount of $18,724 will be used to offset the cost of the Emergency Operations Specialist of the Emergency Operations Division of the Fire Department.

Attachments
Additional Appropriation
FY21 EMPG Approval Notification
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SUBJECT
DATE
PAGE 2 of 2
completed and signed. In addition, please be advised that acceptance of the FY21 EMPG grant funds makes your jurisdiction subject to compliance with the FY21 EMPG Grant Assurances.

Review the project details and allocation amounts on the attached spreadsheet for accuracy. If a modification is needed, please contact the Grants Administrative Unit.

Some of the upcoming deadlines are as follows:

Upcoming Document Deadlines*
3rd Quarter Cumulative Mandatory Performance Report
Due Dates (no later than)
4/5/2022
1 st Reimbursement Request Opportunity 4/29/2022
1st Modification Requests Due ( or sooner) 5/4/2022
* Refer to "FY 2021 EMPG Grant Deadlines" for all pertinent deadlines (attached).

Submit signed documents electronically to Terri Sumrall at [email protected] and mail the original with wet signature to:

San Bernardino County Office of Emergency Services
Attn: Terri Sumrall - Grant Administration Unit
17 43 Miro Way
Rialto, CA 92376
If you have any questions, please do not hesitate to contact our office at (909) 356-3935. Thank you.

Sincerely,
Brent Martin, Emergency Services Manager
::,:

B
.
emardino C�f Emergency Services
cc: rant Administration Unit
Attachments
Redlands Regular Meeting of 10-18-22 87 of 1815
City Council Meeting I. 11.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the warrant for funds being distributed to the Redlands Police Department by the State of California pursuant to the Budget Act of 2022 in the amount of $200,000, and approve an additional appropriation of $200,000 to the Police Department (Police Chief Catren)
MOTION(S):

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

I move to accept the warrant for funds being distributed to the Redlands Police Department by the State of California pursuant to the Budget Act of 2022 in the amount of $200,000.

1. I move to authorize an additional appropriation of funds to the police department in the amount of $200,000.

2. RECOMMENDATION:

Staff recommends that the Council accept the warrant for funds being distributed to the Redlands Police Department by the State of California pursuant to the Budget Act of 2022 in the amount of $200,000 and approve the additional appropriation of funds to the police department in the amount of $200,000.

DISCUSSION:

During the last six months, staff from the Redlands Police Department (RPD) have worked with California legislative analysts on providing expertise as to how the Redlands Police Department is utilizing technology to address organized retail crime. As a result of that work, the analysts reached out to see if RPD would be willing to participate in a three-year pilot program for use of force and deescalation training. The State offered RPD $200,000 to fund use of force and Redlands Regular Meeting of 10-18-22 88 of 1815
deescalation training programs for that time period. Only six law enforcement agencies (LAPD, SBCSD, Fresno County Sheriff's Department, San Francisco Police Department, and Pasadena Police Department) were selected to receive this funding. There are no matching funds required for this opportunity.

Pursuant to State mandates, the funding appropriated in this item shall only be used for Commission on Peace Officer Standards and Training approved use of force and deescalation training. Trainings that provide flexible modes of use, such as mobile platforms, or trainings that utilize the use of body camera footage, shall be prioritized. No more than 10 percent of the grant funding may be used for staffing hours, including overtime hours, to backfill positions for peace officers participating in training supported by this grant program. Funds may also be used for subscriptions, and the purchase of equipment and technology that are required for the use of force and deescalation training that is selected.

Each pilot participant shall collect the following information:
1) The number of participants that received and successfully completed the training, including demographic data that includes race, gender, and position; 2) Use of force incident data for the three previous years; 3) The number of use of force incidents data in each calendar year for the duration of the pilot; and
4) Any quantitative and qualitative data that is collected by specific tools or training that is selected by the pilot participant.

ALTERNATIVES:

Do not approve the acceptance of the warrant for funds and additional appropriation in the amount of $200,000.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Redlands Regular Meeting of 10-18-22 89 of 1815
PREPARED BY:

Travis Martinez, Deputy Chief of Police
Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $200,000
Budgeted Y/N: N
Discussion:

Attachments
Acceptance Letter
Add'l Appropriation of Grant Funds
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City Council Meeting I. 12.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the hold harmless agreement with Redlands Joint Venture, LLC, Majestic Realty Co. for use of its facilities for Heroes and Helpers 2022 Event (Police Chief Catren)
MOTION(S):

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

I move to authorize the Chief of Police, or his designee, to execute the hold harmless agreement between the City of Redlands and Redlands Joint Venture, LLC. Majestic Realty Co. regarding the use of its facilities on December 21, 2022 to hold Heroes and Helpers 2022.

RECOMMENDATION:

Staff recommends that Council authorize the Chief of Police, or his designee, to execute the hold harmless agreement between the City of Redlands and Redlands Joint Venture, LLC. Majestic Realty Co. regarding the use of its facilities on December 21, 2022 to hold Heroes and Helpers 2022.

DISCUSSION:

For the past several years, the Redlands Police Department has partnered with several community groups to hold the annual Heroes and Helpers event in the month of December. Over the years, hundreds of children from local schools have participated in this event. The children, nominated by school principals, teachers, police officials, and community leaders, are partnered with members of the Redlands Police Department for a sponsored shopping spree at a store of their choosing located within either the Citrus Plaza or the Mountain Grove Shopping Center. Each candidate receives a $150 Visa gift card that can be used to purchase items for themselves and/or their families. Much to our surprise, many of the children purchased toys as gifts for younger siblings, or Redlands Regular Meeting of 10-18-22 93 of 1815
surprise, many of the children purchased toys as gifts for younger siblings, or they selected items such as deodorant, soap, socks, and other basic necessities we often take for granted.

This year the program has grown even more. Amazon will be donating presents to the siblings of the shoppers. In addition, RPD will take their command post to the parking lot as a staging area. The property management company is requiring a hold harmless agreement to be signed in order for a staging area to be set up.

ALTERNATIVES:

If the City Council chooses not to sign the hold harmless agreement, RPD will not be able to hold the Heroes and Helpers event at Mountain Grove/Citrus Plaza.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Travis Martinez, Deputy Chief
Redlands Regular Meeting of 10-18-22 94 of 1815
Fiscal Impact
Fiscal Year: 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

There will be no impact on the budget.

Attachments
Hold Harmless
Redlands Regular Meeting of 10-18-22 95 of 1815

HOLD HARMLESS AGREEMENT

THE UNDERSIGNED HEREBY AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND REDLANDS JOINT VENTURE, LLC, MAJESTIC REALTY CO., AND

THEIR AFFILIATES, PRINCIPALS AND LENDERS, INCLUDING WITHOUT

LIMITATION ANY CORPORATIONS OR OTHER ENTITIES CONTROLLING,

CONTROLLED BY OR UNDER COMMON CONTROL WITH REDLANDS JOINT

VENTURE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, MAJESTIC REALTY CO., A CALIFORNIA CORPORATION, AND ALL OTHER OWNERSHIP

AND MANAGEMENT ENTITIES FROM AND AGAINST ANY AND ALL LOSS, COST,

DAMAGE, LIABILITY, CLAIM OR EXPENSE (INCLUDING WITHOUT
LIMITATION ATTORNEY’S FEES AND COSTS) ARISING FROM OR RELATED TO THE UNDERSIGNED’S PRIVATE PARTY ACTIVITIES AT CITRUS PLAZA FOOD COURT ON WEDNESDAY, DECEMBER 21, 2022 DURING THE HOURS OF 7:30AM TO 3:00PM.

ACTIVITY: HEROES & HELPERS HOLIDAY EVENT
ORGANIZATION: REDLANDS POLICE DEPARTMENT AND

REDLANDS POLICE COMMUNITY FOUNDATION
LOCATED AT: CITRUS PLAZA FOOD COURT
27510-27512 W. LUGONIA AVENUE
REDLANDS, CA 92374
SIGN:

PRINT NAME:

TITLE:

DATE:

Redlands Regular Meeting of 10-18-22 96 of 1815
City Council Meeting I. 13.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Agreement with Raftelis Financial Consultants, Inc. to conduct utility rate studies, and an additional appropriation of $46,877 (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council approve the Second Amendment to the Agreement with Raftelis Financial Consultants, Inc.

1. I move that City Council approve an additional appropriation of $46,877 to fund the Utility Rate Study expanded scope of work.

2. RECOMMENDATION:

Staff recommends City Council approve a second amendment to the agreement with Raftelis Financial Consultants, Inc., and an additional appropriation of $46,877 to fund the Utility Rate Study expanded scope of work.

DISCUSSION:

On April 1, 2021, City Council executed an Agreement with Raftelis Financial Consultants, Inc. (Raftelis) for $24,888 to provide continuing professional financial services for water, wastewater, and recycled water/non-potable water utility rate studies. City Council accepted the Utilities Advisory Committee (UAC) and staff recommendations to implement two (2) annual wastewater utility rate increases in fiscal years 21/22 and 22/23 at the March 16, 2021 City Council meeting and both were formally adopted after a Public Hearing on May 4, 2021.

Redlands Regular Meeting of 10-18-22 97 of 1815
The City will soon reconvene the UAC and Raftelis will continue to provide financial consulting support as the UAC considers future potential utility rate adjustments. The term of the original Raftelis Agreement was for one (1) year and was extended for one (1) additional year with City Council approval of Amendment No. 1 on February 15, 2022. The full original Agreement balance of $24,888 remains and has not been charged against. The Raftelis proposal to provide 5-year water, recycled water/non-potable water, and wastewater utility rate studies is $71,765. This requires an additional appropriation of $46,877.

Amendment No. 2 to the Raftelis Agreement increases the compensation amount to $71,765 and extends the termination date to December 31, 2023.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

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

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

John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 22/23
Appropriation Required Y/N: Y
Amount: 21,094.65
Budgeted Y/N: N
Account No.: 501900-6106
Discussion:

The expanded financial consulting services scope of work requires an additional appropriation of $21,094.65 from the Water Fund.

Redlands Regular Meeting of 10-18-22 98 of 1815
Fiscal Year: FY 22/23
Appropriation Required Y/N: Y
Amount: 21,094.65
Budgeted Y/N: N
Account No.: 521900-6106
Discussion:

The expanded financial consulting services scope of work requires an additional appropriation of $21,094.65 from the Wastewater Fund.

Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 4,687.70
Budgeted Y/N: N
Account No.: 531900-6106
Discussion:

The expanded financial consulting services scope of work requires an additional appropriation of $4,687.70 from the Non-Potable Water Fund.

Attachments
Raftelis Financial Agreement
Raftelis Agreement Amendment
Raftelis Amendment Exhibit A
Raftelis Amendment Exhibit B
Raftelis Second Amendment
Additional Appropriation
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FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment (" First Amendment") to the agreement for the provision of professional financial services to complete a water, wastewater and recycled/ non-potable water rate study (" Agreement") dated April 1, 2021 (" Effective Date"), by and between the City of Redlands, a municipal corporation (" City"), and Raftelis Financial Consultants, Inc Consultant"), is made and entered into this 15th day of February, 2022

RECITALS
WHEREAS, it is the desire ofthe City and Consultant to amend Article 4 1 oftheir existing Agreement to extend the date for termination of the Services to April 1, 2023, NOW, THEREFORE, City and Consultant agree as follows

AGREEMENT
Section 1 Section 4 1 of the Agreement, titled " Performance of Services," is hereby amended to read as follows
4 1 Consultant shall perform and complete the Services in a prompt and diligent manner The term ofthe Agreement shall be for a period oftwo (2) years commencing as ofthe Effective Date, unless terminated earlier as provided herein "
Section 2 All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of February 15, 2022

CITY OF REDLANDS RAFTELIS FINANCIAL

CONSULTANTS, INC
z6eZ- z)
By
Paul T Barich, Mayor Sudhir Pardiwala, P E
Executive Vice President
ATTEST
ne Donaldson, City Clerk
1 L \ ca\djm\Agreements\ Raftelis First Amendment.FY21 0074.docxjn Redlands Regular Meeting of 10-18-22 109 of 1815
445 S. Figueroa Street, Suite #2270
Los Angeles, CA 90071
Phone 626. 583. 1894
Fax 213.262.9303
www.raftelis.com
September 8, 2022
Mr. John Harris
Municipal Utilities & Engineering Director
City of Redlands
35 Cajon St., Suite 15
Redlands, CA 92373
Subject: Proposal to Conduct Water, Wastewater, and Non-Potable Water Rate Studies Dear Mr. Harris:

Based on our discussion, Raftelis Financial Consultants, Inc. (Raftelis) is proposing to assist the City of Redlands (City) with a water, wastewater, and non-potable water rate study. The scope and fees for this project are attached herewith.

It is our understanding that the City would like to start the project as soon as possible. Given that it may take some time to establish a new agreement, we propose to use our existing agreement with the City to start work sooner. As previously discussed, there are $19,000 available in our existing agreement with the City. We can work under this agreement to begin the following tasks from our scope:
• Task 1 – Project Initiation, Management, and Data Collection • Task 2 – Financial Plan Development
o Update customer account and usage data
o Analyse the water usage trends for use in water and wastewater rate restructuring o Assist with the evaluation and development of the capital improvement program We look forward to assisting you with the completion of the study. Please call me at 626-583-1894 if you have any questions or concerns.

This letter may be used to form an agreement by signing below and returning a copy for our records.

Sincerely,
RAFTELIS FINANCIAL CONSULTANTS, INC. CITY OF REDLANDS
By: ________________________________________ By: _________________________________________ Sudhir Pardiwala, PE
Executive Vice President Title: ________________________________________ Date: _______________________________________
attach: Scope for the rate studies
Redlands Regular Meeting of 10-18-22 110 of 1815
1 Scope of Work
Task 1
Projection Initiation, Management, and Data Collection
At the beginning of the study, Raftelis will prepare a detailed data request listing the information needed to complete the various analyses for all phases of the study. Information that is typically required to perform a water, wastewater, and recycled/non-potable water rate study includes (but is not limited to):

Comprehensive Annual Financial Reports (CAFR), current and projected budgets, current and historical water production and customer billing data, and long-term capital improvement plans. Prior to the meeting, we will review any data provided.

We believe a productive kick-off meeting is the most effective way to begin a study. This meeting provides a forum to discuss goals and objectives, policy, and methodologies, any remaining data gaps, and a work schedule. We will also discuss the City’s financial policies and associated reserve levels, as well as the capital plan for each utility. Following the meeting, Raftelis will prepare detailed meeting minutes.

Our project management approach stresses transparency, communication, objectivity, and accountability to meet project objectives. Management responsibilities extend to general administrative duties such as client correspondence, billing, documentation, and adhering to the schedule. Throughout the study, we will schedule interim status meetings or webinars to discuss project progress and present initial results. In every project, we implement a systematic program of quality assurance to ensure consistency, accuracy, and validity. We are proposing web meetings with staff to save time and costs. The fees are based on this assumption Meeting: One web kick-off meeting with staff
Deliverables: Data request; kick-off meeting agenda; presentation materials; meeting minutes Task 2
Financial Plan Development
We will utilize the financial and rate model we developed for the City in 2019 as a basis for our new model.

As such, we will update the historical data within the model and initialize the model for the new planning period. In addition, we will build on the existing model to ensure that it has the functionality desired by City Staff and incorporates the ability to modify various capital expenditure and financing scenarios. In developing the financial plan, Raftelis will first project revenues based on each utility’s existing rates. This will allow the City to examine the utilities’ financial health under current rates for a 10-year study period, including their ability to fund the maintenance or replacement of each utility’s infrastructure. For the water and recycled/non-potable water supplies, we will work with staff to project water demand. The analysis will include an examination of the availability of the recycled/non-potable water supplies and their effect on potable water consumption and revenues as well as consideration for the impact of conservation on revenues. We will work with City staff to discuss each utility’s capital improvement plan and develop a schedule for capital improvements (or CIP), which will be incorporated into the financial plan. A long-term financial plan for the capital improvements incorporating State Revolving Funds (SRF), Water Infrastructure Finance and Innovation Act (WIFIA), market debt and pay-as-you-go will be evaluated. The model will have Redlands Regular Meeting of 10-18-22 111 of 1815
2 the capability to examine different CIP scenarios and financing strategies, allowing staff to consider different planning periods and adjust planned projects. We will review and discuss reserves for operating, capital, rate stabilization, and emergency purposes. We will then propose any necessary revenue adjustments. The new revenue requirement will aid in the cost-of-service analysis and the development of rates for the three utilities.

Meetings: Two web meetings with City staff
Deliverables: Draft water, recycled/non-potable water, and wastewater financial plan models in Microsoft Excel
Task 3
Cost of Service Analysis
Raftelis will update the cost-of-service analysis developed in the previous study consistent with industry standards and methodologies approved by the American Water Works Association (AWWA) M1 Manual, Principles of Water Rates, Fee, and Charges, and the Water Environment Federation (WEF) Manual of Practice No. 27, Financing and Charges for Wastewater Systems, 2018. Water expenses are allocated as capacity related; commodity, private fire protection, customer, and other indirect costs are allocated based on the Base-Extra Capacity Method. Wastewater expenses are allocated based on collection, treatment, customer, and indirect costs. The goal is to distribute the cost components to classes based on responsibility. This results in the total cost to serve each and the basis for developing rates. Raftelis will incorporate the City’s policy considerations, as well as current regulations (such as Proposition 218).

Meetings: None
Deliverable(s): Water and wastewater cost of service analysis in Microsoft Excel Task 4
Rate Design
Raftelis will develop a water and wastewater rate model with the flexibility to compare the current rate structure with alternative rate structures. The City is interested in a flow-based wastewater residential rate structure. The model will have the capability to examine different rate structure scenarios to enhance revenue stability in light of competing objectives, such as affordability for essential needs and funding fixed costs. The rates will be developed in compliance with Proposition 218, resulting from the cost of service developed in Task 3. The revenue adjustments defined in the financial plan analysis will be applied to a fiveyear schedule based on the proposed rate structure. Once the rates have been defined, we will advise the City on adjusting the ordinances.

The total rate adjustment can sometimes cause “rate shock” to customers. We calculate monthly bills at each level of usage to determine the “true” impact of the new rate structure. The customer impact analysis will include a series of tables and figures that show projected rate impacts by customer class at various levels of usage. Understanding customer impacts and taking corrective action, if necessary, allows us to make informed decisions. It also allows us to design public outreach strategies for generating customer buy-in and successful rate implementation. Further, it aids the City in developing rates that are not only defensible, but also most appropriate for the City and its customers.

Meetings: One web meeting with City staff
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3 Deliverables: Rate and customer bill impacts in Microsoft Excel for each utility Task 5
Rate Survey
Raftelis will compare the City’s current and proposed rates with five local water and wastewater agencies and will include recycled water rates where available. While a useful benchmark, it is worth noting that such comparisons only paint a partial picture, since many factors (such as topography and water sources, etc.) impact the total cost of providing water and wastewater services. Raftelis will develop an Excel module to compare the total monthly water and wastewater bill amount of a typical residential customer within each agency. The model will include the appropriate graphs and figures that display the total bill of a typical customer in each agency.

Meetings: None
Deliverables: Water, recycled/non-potable water, and wastewater rate survey module in Microsoft Excel Task 6
Draft and Final Report
The draft report will include an executive summary highlighting the major issues and decisions reached during development of rates for all three utilities. The main body of the report will include a brief physical description of each utility system, service area description, an overview of operation and maintenance expenses, the capital improvement plan, debt service, and the proposed revenue adjustments and rates.

The water and wastewater cost of service and rate calculations will be described in detail so that the nexus between costs and rates is clearly defined. City staff members and the City’s Attorney will provide comments on the report. After incorporating any final edits and receiving confirmation from City staff, Raftelis will provide the final report. It will serve as the administrative record of the rate study in fulfilment of Proposition 218 requirements.

Meetings: One webinar to discuss draft report comments
Deliverables: Draft and final reports in Microsoft Word and PDF file formats; signed final report; electronic files for all reports, calculations, graphs, and spreadsheets Task 7
Meetings with UAC
Raftelis staff will conduct two meetings with the UAC as described above to review the financial plan, rate design, rates, and customer impacts. In these meetings, we will also provide an overview of the ratemaking process, background on the utilities, and the need for the rate adjustments and updated rate structures.

Meetings: Two meetings with the UAC
Deliverables: Presentation materials for two public meetings; supplementary communications materials Redlands Regular Meeting of 10-18-22 113 of 1815
4 Task 8
Proposition 218 Notice and Public Hearing
Raftelis will prepare a draft Public Hearing notice for City staff and City Attorney review and incorporate comments into the final notice. City staff will print and mail the notices independently. Raftelis will then present the study results at a Proposition 218 hearing in which we will address the City Council and public questions and comments. Presentation materials will be provided to City staff beforehand for review.

Meetings: One Proposition 218 Public Hearing
Deliverables: Draft and final Proposition 218 public notices; Public Hearing presentation materials Schedule
We anticipate completing the study to the draft report stage by the end of the February 2023. Depending on direction from the City, we believe that a public hearing could be conducted in April with adjustments to rates effective July 1, 2023.

The tentative schedule for the some of the milestones is as follows:

Financial Plan Nov 15 Rates Dec 14
Meeting 1 Jan 5 Meeting 2 Jan 19
Draft Report Feb 17 Final Report Mar 15
Redlands Regular Meeting of 10-18-22 114 of 1815
5 Redlands Regular Meeting of 10-18-22 115 of 1815
1 Fees
Fees include technology charges to cover computer, network, software, phone call, mailing costs, etc.

Hours
PM TR SC Admin Total

1. Project Initiation, Management,
and Data Collection 1 10 8 10 5 33 $8,410

2. Financial Plan Development 2 8 8 36 0 52 $12,440

3. Cost of Service 1 0 8 2 20 0 30 $7,470

4. Rate Design 1 12 2 20 0 34 $8,910

5. Rate Survey 0 0 2 0 8 0 10 $2,320

6. Draft and Final Report 1 16 4 50 0 70 $16,940

7. Public Outreach (UAC) 0 2 16 0 20 0 36 $9,820

8. Proposition 218 Notice and
Public Hearing 0 1 12 0 6 0 18 $5,455
Total Estimated Meetings / Hours 6 3 84 24 170 5 283
Hourly Billing Rate $350 $285 $190 $80
Total Professional Fees $29,400 $6,840 $32,300 $400 $68,940 Total Fees $68,940
Total Expenses $2,825
Total Fees & Expenses $71,765
Total Fees
& Expenses
PM - Project Manager, Sudhir Pardiwala
TR - Technical Reviewer, John Wright
SC - Staff Consultants
Admin - Administrative Staff
Tasks
Web
Meetings
Number of
Meetings
Expenses inlcude Mileage Rate of $0.625 per
Redlands Regular Meeting of 10-18-22 116 of 1815
L:\ca\Agreements\Raftelis_Agreement_Second_Amendment-FY22-0035.docx-jm

SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This second amendment (“Second Amendment”) to the agreement to provide financial consulting services necessary to update water, wastewater, and recycled/non-potable water utility rates (“Agreement”), dated April 1, 2021, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Raftelis Financial Consultants, Inc. (“Consultant”), is made and entered into this 18th day of October, 2022.

RECITALS
WHEREAS, it is the desire of the City and Consultant to amend Article 4.1 of the Agreement to extend the date for termination of the Services to December 31, 2023; WHEREAS, it is the desire of the City and Consultant to amend Article 5.1 of the Agreement to revise the total compensation amount to $71,765; WHEREAS, it is the desire of the City and Consultant to revise the Scope of Services; WHEREAS, it is the desire of the City and Consultant to revise the Cost of Services; NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:

AGREEMENT
Section 1. Section 4.1 of the Agreement, titled “Performance of Services,” is hereby amended to read as follows:
“4.1 Consultant shall complete the Services by December 31, 2023, unless the Services are terminated earlier as provided for herein.”
Section 2. Section 5.1 of the Agreement, titled “Payments to Consultant,” is hereby amended to read as follows:
“5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of seventy-one thousand seven hundred and sixty-five dollars ($71,765). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Cost of Services” which is attached hereto and incorporated herein by reference.

Section 3. Exhibit “A” of the Agreement, titled “Performance of Services,” is hereby replaced in its entirety;
Section 4. Exhibit “B” of the Agreement, titled “Cost of Services,” is hereby replaced in its entirety.

Redlands Regular Meeting of 10-18-22 117 of 1815
L:\ca\Agreements\Raftelis_Agreement_Second_Amendment-FY22-0035.docx-jm All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of October 18, 2022.

CITY OF REDLANDS Raftelis Financial Consultants, Inc.
________________________________ By: ________________________________ Paul T. Barich, Mayor Sudhir Pardiwala, P.E.

Executive Vice President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 118 of 1815
Redlands Regular Meeting of 10-18-22 119 of 1815
City Council Meeting I. 14.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Cooperative Maintenance Agreement with the City of San Bernardino for the Mountain View Avenue Mission Creek Bridge and determine that approval of this agreement is categorically exempt from review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

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

I move that City Council determine approval of this Cooperative Maintenance Agreement is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the Cooperative Maintenance Agreement with the City of San Bernardino ("San Bernardino") for the Mountain View Avenue Mission Creek Bridge.

2. RECOMMENDATION:

Staff recommends that City Council determine approval of the Cooperative Maintenance Agreement is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act, and approve the Cooperative Maintenance Agreement with the City of San Bernardino ("San Bernardino") for the Mountain View Avenue Mission Creek Bridge.

Redlands Regular Meeting of 10-18-22 120 of 1815
DISCUSSION:

The Inland Valley Development Authority (IVDA) recently completed the Mountain View Avenue Widening Project (“Project”) and to widen and rehabilitate Mountain View Avenue from the Santa Ana River Bridge to just south of the Mission Creek Channel. The Project also constructed a new bridge over Mission Creek (the “Mission Creek Bridge”). The boundary line between the cities of San Bernardino and Redlands is located along the centerline of Mountain View Avenue. The east half of the Mission Creek Bridge is located in Redlands and the west half in San Bernardino.Therefore, both cities mutually desire to identify the maintenance responsibilities for the Mission Creek Bridge.

Pursuant to the terms of this Agreement, Redlands shall be responsible for the maintenance and repair of the Mission Creek Bridge, including the west half of the Mission Creek Bridge located in San Bernardino jurisdiction. Redlands will maintain the entire Mission Creek Bridge including the traveled way, shoulders, curbs, sidewalks, and structural drainage systems. The cost of the inspection, maintenance, and repair of the Mission Creek Bridge will be shared equally by both cities.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Goutam K. Dobey, City Engineer
Fiscal Impact
Redlands Regular Meeting of 10-18-22 121 of 1815
Discussion:

There is no fiscal impact associated with this action.

Attachments
Cooperative Agreement with San Bernardino Mission Creek Bridge Redlands Regular Meeting of 10-18-22 122 of 1815
1 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm

COOPERATIVE AGREEMENT

BY AND BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF

REDLANDS
(MOUNTAIN VIEW AVENUE PROJECT)
This COOPERATIVE AGREEMENT (this “Agreement”), dated as of ________________, 2022 (the “Effective Date”), by and among the City of San Bernardino, a charter city (“San Bernardino”) and the City of Redlands, a general law city (“Redlands”). San Bernardino, and Redlands are sometimes individually referred to each as a “Party” and collectively referred to as the “Parties.” Recitals
WHEREAS, the Inland Valley Development Authority (IVDA) is a special military base reuse Joint Powers Authority dedicated to the effective reuse of the former Norton Air Force Base.

WHEREAS, the IVDA is currently carrying out Phase II of the Mountain View Avenue Widening Project (“Mountain View Project”) in order to widen and rehabilitate Mountain View Avenue from the Santa Ana River Bridge to just south of the Mission Creek Channel.

WHEREAS, IVDA has constructed a new bridge over Mission Creek (the “Mission Creek Bridge”) as part of the Mountain View Project, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

WHEREAS, the border between the cities of San Bernardino and Redlands is located on the centerline of Mountain View Avenue.

WHEREAS, the Mission Creek Bridge is aligned with Mountain View Avenue with approximately east half of the Mission Creek Bridge located in Redlands and the west half in San Bernardino.

WHEREAS, due to the Mission Creek Bridge being located within the jurisdictions of Redlands and San Bernardino, the PARTIES mutually desire to identify the maintenance responsibilities for the Mission Creek Bridge.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows:

Section 1. Definitions. As used in this Agreement, the following words and terms shall have the meaning as provided in the Recitals or in this section unless the specific context of usage of a particular word or term may otherwise require:
“Mission Creek Bridge” means the bridge constructed over the Mission Creek Channel by IVDA. “Effective Date” means the date first above referenced in the introductory paragraph of this Agreement.
“Redlands” means the City of Redlands, a general law city, and its officials, officers, employees, volunteers and agents
Redlands Regular Meeting of 10-18-22 123 of 1815
2 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm “San Bernardino” means the City of San Bernardino, a charter city, and its officials, officers, employees, volunteers and agents.

Section 2. Term. The term of this Agreement shall become effective on the Effective Date first shown above and shall remain in full force and effective until amended, unless otherwise terminated or extended by mutual agreement of the Parties.

Section 3. Maintenance of the Mission Creek Bridge.

Section 3.1 It is the intent of the Parties that the Mission Creek Bridge be maintained and kept in a safe condition and repair and in compliance with all applicable laws and safety regulations.

During the term of this Agreement Redlands shall be responsible for the maintenance and repair of the Mission Creek Bridge as provided in this Section 3, and by this Agreement is permitted to enter the west half of the Mission Creek Bridge located in San Bernardino to perform its obligations under this Agreement.

Section 3.2 Redlands will maintain the entire Mission Creek Bridge including the traveled way, shoulders, curbs, sidewalks, and structural drainage systems with the cost being shared by the Parties as described by Section 4.

Section 3.3 Each Party will maintain at their expense the Party’s utilities such as water and storm drain, that are within the Mission Creek Bridge, as well as lighting, traffic service facilities (signs, pavement markings) and the elimination of graffiti that is within their jurisdiction.

Section 3.4 Redlands shall arrange for an annual inspection of the Mission Creek Bridge by a Caltrans approved inspector. Specific inspection dates shall be coordinated with the inspector and Redlands shall provide a copy the report issued by the inspector to San Bernardino. Redlands shall be responsible for performing all maintenance and repair of the Mission Creek Bridge as recommended in the inspection report together with such other maintenance and repairs as reasonably necessary to maintain the Mission Creek Bridge in accordance with the standards in 3.1 above.

Section 3.5 San Bernardino shall have the right to perform inspections of the Mission Creek Bridge independent from the annual inspection under 3.4 above, which inspections shall be made at the expense of San Bernardino. If such inspection reveals any necessary maintenance or repairs the inspecting Party shall provide a written report to Redlands detailing the required maintenance or repairs.

Redlands will have a reasonable period of time to review the requested maintenance or repairs, to inspect the Mission Creek Bridge and either undertake such work or respond to San Bernardino as to the necessity and scope of the requested work. In the event if any difference of opinion as to any necessary maintenance or repairs to the Mission Creek Bridge all of the Parties will meet, confer, and cooperate in good faith pursuant to Section 6 below to determine the necessary work to maintain the Mission Creek Bridge in accordance with the standards in 3.1 above.

Section 4. Payment
Section 4.1 Redlands shall provide San Bernardino a detailed invoice of the cost of the inspection, maintenance, and repair of the Mission Creek Bridge as described by Section 3 and any associated permitting costs within 30 calendar days of the maintenance and repair being conducted. San Bernardino shall have 60 calendar days from the date of receiving the invoice to reimburse Redlands fifty percent (50%) of the cost. In the event of a difference of opinion between the Parties as to the costs Redlands Regular Meeting of 10-18-22 124 of 1815
3 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm included in the invoice the Parties will meet, confer and cooperate in good faith pursuant to Section 6 below to reach a mutual understanding of the invoice amount.

Section 5. Insurance and Indemnity
Section 5.1 All insurance required by this Agreement is to be maintained by Redlands for the term of this Agreement, and all such insurance shall be primary with respect to Redlands and noncontributing to any insurance or self-insurance maintained by San Bernardino. Redlands shall provide San Bernardino with certificates of insurance and endorsements evidencing such insurance within ten (10) days of the Effective Date of the Agreement. No contractor of Redlands shall perform any maintenance or repair work for the Mission Creek Bridge unless Redlands provides to San Bernardino certificates of insurance and endorsements evidencing the contractor’s compliance with the requirements of this Section prior to the commencement of such work.
a. Workers’ Compensation and Employer’s Liability. Redlands shall secure and/or self-insure, and require its contractors to secure, workers’ compensation and employer's liability insurance in an amount which satisfies statutory requirements with an insurance carrier reasonably acceptable to San Bernardino in connection with any construction, maintenance or repair work performed for the Mission Creek Bridge by Redlands and its contractors pursuant to Redlands obligations under this Agreement.
b. Comprehensive General Liability Insurance. Redlands shall secure and/or selfinsure, and require its contractors to secure, comprehensive general liability insurance covering all maintenance or repair work performed for the Mission Creek Bridge by Redlands and its contractors pursuant to Redlands’ obligations under this Agreement, with carriers reasonably acceptable to San Bernardino. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for public liability, property damage and personal injury is required.

San Bernardino, and their elected officials, officers and employees, shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to San Bernardino. c. Business Auto Liability Insurance. Redlands shall secure and/or self-insure, and require its contractors to secure, business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Redlands and its contractor owned vehicles, hired and nonowned vehicles, and employee non-ownership vehicles used in connection with any maintenance or repair work performed for the Mission Creek Bridge by Redlands and its contractors pursuant to the Redlands’ obligations under this Agreement. San Bernardino and their elected officials, officers and employees shall be named as additional insureds, and the insurance policies shall include a provision prohibiting modification of the coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to San Bernardino.

Section 5.2 Indemnity/Hold Harmless. San Bernardino and their elected officials, officers, employees and agents (collectively, the “Indemnified Parties”) shall not be liable for any injuries (as defined by Government Code section 810.8) to persons or property occasioned by reason of the negligent acts or omissions, or willful misconduct, of Redlands, or its employees, contractors and agents, in the performance of the Redlands’ maintenance obligations for the Mission Creek Bridge under this Agreement. Redlands further agrees to protect, defend, indemnify and hold harmless the Indemnified Parties from any and all claims, demands, causes of action, injuries, liability or loss of any kind, resulting from, or arising out of, the negligent acts or omissions, or willful misconduct, of Redlands, or its employees, contractors and agents in the performance of any maintenance or repair work performed, or Redlands Regular Meeting of 10-18-22 125 of 1815
4 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm caused to be performed, by Redlands for the Mission Creek Bridge pursuant to Redlands’ obligations under this Agreement, except however, Redlands is not obligated to protect, defend or indemnify Indemnified Parties for any claims, demands, damages or losses resulting from the negligence or willful misconduct of Indemnified Parties in connection with or arising from this Agreement.. The indemnity and hold harmless provided by Redlands hereunder shall not extend to any claims, actions, demands, damages or losses related to the design of the Mission Creek Bridge or the initial construction of the Mission Creek Bridge, it being the understanding of the Parties that the indemnity and hold harmless hereunder shall only be applicable to Redlands performance of maintenance work to the Mission Creek Bridge in accordance with this Agreement.

Section 6. Dispute Resolution.

Section 6.1. In the event of a dispute, claim or controversy arising from or in relation to this Agreement, the Parties agree to meet and confer in a good faith attempt to resolve said dispute, claim or controversy within fourteen (14) calendar days after the receipt of written notice from the Party alleging that a dispute, claim or controversy exists or in the event of a claimed default fourteen (14) calendar days after the date of the notice provided under Section 10 below. The Parties additionally agree to cooperate with the other Party in scheduling negotiation sessions. However, if said matter is not resolved within thirty (30) calendar days after conducting the first negotiating session, any Party may then request that the matter be submitted for mediation or non-binding arbitration as determined by the Parties; provided that no Party shall be required to submit to mediate or non- binding arbitration.

Section 6.2. The Parties agree that those Parties participating in mediation or arbitration shall share the fees of the mediator, arbitrator and all costs associated with mediation and arbitration proceeding; provided, however, each Party that is subject to the proceeding shall be responsible for its own legal costs, including attorneys’ fees and the costs associated with experts.

Section 7. Default.

Section 7.1. The failure or delay by any Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the Party who are otherwise claimed to be in default by the other Party commences to cure, to correct or to remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and thereafter diligently undertakes efforts to complete such cure, correction or remedy, such Party shall not be deemed to be in default hereunder. The Party claiming that a default has occurred shall give written notice of default to the defaulting Party specifying the deficiencies causing the alleged default. Delay in giving such written notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the non-defaulting Party shall have no right to exercise any remedy for a default hereunder without first delivering the written default notice as specified herein.

Section 7.2. In the event that the defaulting Party fails to commence to cure, to correct or to remedy a default within thirty (30) calendar days following receipt of written notice, or thereafter fails to diligently complete such cure, correction or remedy, a breach of this Agreement shall be deemed to have occurred. In the event of a breach the non-defaulting Party shall have all rights and remedies available under applicable law, including the right to terminate this Agreement through a written notice of termination. Disputes regarding the facts that may have given rise to termination under this section shall be subject to the dispute resolution provisions provided in Section 6 above.

Section 8. Force Majeure. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default, or considered to be a default, where delays or Redlands Regular Meeting of 10-18-22 126 of 1815
5 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has first provided the other Party with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party’s failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an enforced delay or force majeure event.

Section 9. Approvals. Approvals required of the Parties, or any officers, agents or employees of any Party, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time.

Section 10. Notices, Demands and Communications Between the Parties.

Section 10.1. Formal notices, demands and communications between the Parties shall be deemed sufficiently given if: (i) dispatched by registered or certified mail via the United States Postal Service, postage prepaid, return receipt requested, as designated in this Section, or (ii) by messenger service for immediate personal delivery, or (iii) by electronic transmittal, including fax transmissions with telephonic verification receipt. Such written notices, demands and communications may be sent in the same manner to such other addresses as the Parties may from time to time designate by written notice to the other Parties.

Section 10.2. All notices, demands and communications shall be sent, as follows:

TO SAN BERNARDINO: TO REDLANDS:

City of San Bernardino
Attn: City Manager
300 North “D” Street, 6th Floor
San Bernardino, CA 92418
City of Redlands
Attn: City Manager
35 Cajon Street, Suite 200
Redlands, CA 92373
Section 11. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by all of the Parties.

Section 12. Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Section 13. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

Redlands Regular Meeting of 10-18-22 127 of 1815
6 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm Section 14. Time is of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence.

Section 15. Third Party Beneficiaries. This Agreement and the performance of the Parties’ obligations hereunder are for the sole and exclusive benefit of the Parties. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against the Parties hereunder as a result of any Party’s performance or nonperformance of their respective obligations under this Agreement.

Section 16. Governing Law. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Agreement shall be deemed to have been made in the County of San Bernardino, State of California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for the County, in the State.

The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County, in the State, and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens.

Section 17. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to San Bernardino, and to Redlands include all officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors of San Bernardino and Redlands, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, the content, or the intent of this Agreement.

Section 18. Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party or Parties on any default shall impair such right or remedy or be construed as a waiver. Any Parties’ consent or approval of any act by the other Party requiring its consent or approval shall not be deemed to waive or to render unnecessary its consent to or approval of any subsequent act of the other Party. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

Section 19. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

Section 20. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.

Section 21. Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns.

Redlands Regular Meeting of 10-18-22 128 of 1815
7 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm Section 22. Authorized Representatives. The person or persons executing this Agreement on behalf of the Agency, of San Bernardino and Redlands warrant and represent that he/she has the authority to execute this Agreement on behalf of that Party and that they have the authority to bind that Party to the performance of its obligations hereunder.

Section 23. Entire Agreement. This Agreement constitutes the entire and integrated agreement of San Bernardino and Redlands with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. [SIGNATURES ON THE FOLLOWING PAGE]
Redlands Regular Meeting of 10-18-22 129 of 1815
8 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm

SIGNATURE PAGE TO COOPERATIVE AGREEMENT

SAN BERNARDINO
City of San Bernardino,
a charter city
By: __________________________________
Robert D. Field, City Manager
Dated: ________________________________
APPROVED AS TO LEGAL FORM:

By: __________________________________
Best Best Krieger, City Attorney
ATTEST:

By: _________________________________
Genoveva Rocha, CMC, City Clerk

REDLANDS
City of Redlands
By: ___________________________________
Paul T. Barich, Mayor
Dated: ______________________________
APPROVED AS TO LEGAL FORM:

By: ____________________________________
Yvette M. Abich Garcia, City Attorney
ATTEST:

By: _____________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 130 of 1815
9 L:\ca\Agreements\Coop Agreement CIty of SB Mountain_View_Ave_Maintenace_Agreement-FY22-0034.doc-jm

EXHIBIT A

DESCRIPTION OF MISSION CREEK BRIDGE
Mission Creek Bridge spans the Mission Creek approximately 0.3 miles north of the I-10 Freeway and approximately 0.2 miles south of E. Victoria Avenue/Almond Avenue. The centerline of Mountain View Avenue, therefore the bridge, is the border between the City of San Bernardino and the City of Redlands.

Redlands Regular Meeting of 10-18-22 131 of 1815
City Council Meeting I. 15.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Public Works Contract with Tryco General Engineering for the Alley Paving Improvements Project to extend the time for completion by sixty-five (65) calendar days (Municipal Utilities and Engineering Director Harris) MOTION(S):

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

I move to approve the First Amendment to the Public Works Contract with Tryco General Engineering for the Alley Paving Improvements Project to extend the time for completion by sixty-five (65) calendar days.

RECOMMENDATION:

Staff recommends City Council approve the First Amendment to the Public Works Contract with Tryco General Engineering for the Alley Paving Improvements Project to extend the time for completion by sixty-five (65) calendar days.

DISCUSSION:

On June 21, 2022, City Council approved a Public Works Contract with Tryco General Engineering (Tryco) to construct the Alley Paving Improvements Project (Project) for an amount not-to-exceed $1,238,000. The Project will resurface fourteen (14) alleys, construct drainage facilities, and remove and replace driveways and sidewalks where necessary throughout the City.

Recently, Tryco notified staff that the lead time for project materials is lengthy and exceeds the Contract completion deadline. Therefore, staff recommends a Contract amendment to increase the time for completion by sixty- five (65) calendar days, resulting in a revised time for completion of 185 calendar days.

Redlands Regular Meeting of 10-18-22 132 of 1815
calendar days, resulting in a revised time for completion of 185 calendar days.

This is the only Contract revision proposed.

ALTERNATIVES:

City Council may deny the staff recommendation, although doing so would prevent completion of the project.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

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

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

Elva Arellanes, Associate Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
First Amendment to Tryco Contract
Tryco Executed Contract (Reference Only)
Redlands Regular Meeting of 10-18-22 133 of 1815
L:\ca\Agreements\Tryco Engineering_Contract First_Amendment FY22-0025.docx-jm

FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This first amendment (“First Amendment”) to the Public Works Construction Contract for the Alley Paving Improvements Project dated June 21, 2022 (the “Contract”), by and between the City of Redlands, a municipal corporation and general law city (“City”), and Tryco General Engineering, a California corporation (“Contractor”), is made and entered into this 18th day of October, 2022.

RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the Time for Completion of the Contract; and WHEREAS, the City Council approved the contract with contractor for work in accordance with the Contract Documents for City’s Alley Paving Improvements Project, Project No. 211005; NOW, THEREFORE, in consideration of the mutual promises contained herein City and Contractor agree as follows:

AGREEMENT
Section 1. The time for completion, as set forth in Section 3 of the Contract, is hereby amended to increase Contractor’s time for completion and shall read as follows:
“TIME FOR COMPLETION: the Work shall be completed within One Hundred EightyFive (185) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”
Section 2. All other provisions of the Contract shall remain unchanged by this First Amendment, and in effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of the 18th day of October 2022.

CITY OF REDLANDS TRYCO GENERAL ENGINEERING
________________________________ By: ________________________________ Paul T. Barich, Mayor Sylvan Kirtley, Secretary
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council Meeting I. 16.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Non-Professional Services Agreement with Tanko Streetlighting, Inc. to replace City-owned streetlights with energy-efficient LED lights (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

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

RECOMMENDATION:

Staff recommends City Council approval of the Second Amendment to the Non-Professional Services Agreement with Tanko Streetlighting, Inc.

DISCUSSION:

On September 7, 2021, City Council approved a Non-Professional Services Agreement (Agreement) with Tanko Streetlighting, Inc. (Tanko) to replace City-owned streetlights with energy-efficient light-emitting diode (LED) lights. On July 19, 2022, City Council approved the First Amendment to the Agreement that extended the project completion deadline to March 1, 2023.

Tanko has received the first shipments of LED streetlight fixtures and is preparing to begin retrofitting high-pressure sodium and other non-LED streetlight fixtures. The original Agreement not-to-exceed value is $1,315,685.93. Recently, staff and Tanko identified project cost savings to reduce the total project cost to $1,266,444.73, a savings of $49,241.20.

Considering this savings, staff solicited a price quote from Tanko to supply and install metal pole tags with unique identifiers and bar codes for each streetlight Redlands Regular Meeting of 10-18-22 145 of 1815
install metal pole tags with unique identifiers and bar codes for each streetlight within the City. The proposed cost to supply and install the pole tags on each of the 4,479 streetlights scheduled for LED fixture conversion is $14.26 ($63,870.54 total). The proposed cost to supply and install the pole tags on each of the 1,297 remaining streetlights within the City that were previously converted to LED fixtures is $27.26 ($35,356.22 total). The proposed sum total cost for this work is $99,226.76 and would increase the original Tanko Agreement not-to-exceed value to $1,365,671.49, an increase of $49,985.56.

ALTERNATIVES:

City Council may deny the staff recommendation.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

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

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

John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Fiscal Year: FY 22/24
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 101401-6710
Discussion:

There is no fiscal impact associated with this action. The FY 22/24 MUED Budget includes sufficient funding for the expanded scope of work.

Attachments
Tanko Agreement
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Tanko Agreement First Amendment
Tanko Agreement Second Amendment
Pole Tag Preliminary Proof
Pole Tag Quote
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SECOND AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL

SERVICES
This second amendment (“Second Amendment”) to the agreement for non-professional services for the replacement of City-owned streetlights with energy-efficient light-emitting diode lights dated September 7, 2021 (“Agreement”), by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Tanko Streetlighting, Inc., a California corporation (“Consultant”), is made and entered into this 18th day of October, 2022.

RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to expand the scope of work to include supplying and installing pole tags on each streetlight; and
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:

AGREEMENT
Section 1. Section 5.1 of the Agreement, entitled “Performance of Non-Professional Services For Improvement To Public Buildings And Grounds,” is hereby amended to read as follows:
“5.1 Total compensation for Contractor’s performance of the Services shall be in the amount of one million three hundred sixty-five thousand six hundred seventy one dollars and forty nine cents ($1,365,671.49).”
Section 2. Exhibit A is revised to add the following:
“4.2 c. Pole Tag Installation
• Contractor shall supply and permanently affix metal pole tags with unique identifiers and bar codes to the 4,479 streetlight poles that will upgraded with a LED fixture. • Contractor shall supply and permanently affix metal pole tags with unique identifiers and bar codes to the remaining 1,297 streetlight poles in the City’s streetlight network that have previously been upgraded with LED fixtures.”
Section 3. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.
[SIGNATURE PAGE FOLLOWS]
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CITY OF REDLANDS TANKO STREETLIGHTING, INC.
________________________________ By: ________________________________ Paul T. Barich, Mayor Jason Tanko, Chief Executive Officer ATTEST: ATTEST:
__________________________________ ____________________________________ Jeanne Donaldson, City Clerk Brian Gillis, Vice President Redlands Regular Meeting of 10-18-22 162 of 1815

PRELIMINARY
Date
Drawing #
Revision #
* Scale
Drawn by
COLORS:
− PRELIMINARY PROOF −
This is a Preliminary Proof only. A Final Proof will be provided for your approval subsequent to receipt of your order.

Due to the variation of individual color monitors and printers, digital and/or printed color proofs are NOT INTENDED FOR COLOR MATCHING PURPOSES.

Dimensions are in inches unless otherwise specified.
* Scale is accurate when printed at ACTUAL SIZE.
07/12/2022
Tanko-001
95%
A
SR
Black Natural
Barcode reads RD0001
H.R.I. reads RD0001

1.400"

6.000"
R
D
0 0
0 1
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Description Model Number Quantity Unit Cost Extended Cost Pole Tagging - City Owned Lights Not in Conversion Scope RDXXXX 1297 $27.26 $35,356.22 Pole Tagging - During Conversion RDXXXX 4479 $14.26 $63,870.54 Total $99,226.76
Pole Tag Pricing Table Redlands, CA
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City Council Meeting I. 17.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance No. 2945-Second Reading-adding Chapter 13.67 to the Redlands Municipal Code relating to the establishment of regulations governing organic waste disposal (Assistant City Manager Boatman)
MOTION(S):

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

I move to adopt Ordinance No. 2945.

RECOMMENDATION:

It is recommended the City Council consider adoption of Ordinance No. 2945, adding Chapter 13.67 to the Redlands Municipal Code relating to the establishment of regulations governing organic waste disposal.

DISCUSSION:

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

ALTERNATIVES:

The Council may continue this matter in order to allow additional time to review Ordinance No. 2945.

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STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance No. 2942
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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 Redlands Regular Meeting of 10-18-22 167 of 1815
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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 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:

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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 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.

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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).

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.

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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.

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.

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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; (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.

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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, 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 Redlands Regular Meeting of 10-18-22 173 of 1815
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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).

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).

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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; (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).

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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.

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 Redlands Regular Meeting of 10-18-22 176 of 1815
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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.
(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.

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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 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:

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(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. (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:
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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 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 Redlands Regular Meeting of 10-18-22 180 of 1815
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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:
(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.

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(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.
(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.

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(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:
(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 Redlands Regular Meeting of 10-18-22 183 of 1815
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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 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:

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(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 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.

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(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, 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 Redlands Regular Meeting of 10-18-22 186 of 1815
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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 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.

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(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 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.

Redlands Regular Meeting of 10-18-22 188 of 1815
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(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 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 Redlands Regular Meeting of 10-18-22 189 of 1815
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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.
_________________________________
Paul T. Barich, Mayor
ATTEST:
_________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 190 of 1815
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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
Redlands Regular Meeting of 10-18-22 191 of 1815
City Council Meeting I. 18.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Facility Use Agreement with the San Bernardino County Department of Adult and Aging Services (SBCDAAS) for use of the Senior Center to provide senior citizens with community resources, bus passes, and assistance with the Home Energy Assistance Program and determine that approval of the agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines (Assistant City Manager Boatman) MOTION(S):

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

I move that the City Council determine that approval of the Facility Use Agreement with the SBCDAAS is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act, and

1. I move that the City Council approve the Facility Use Agreement with SBCDAAS.

2. RECOMMENDATION:

Staff recommends that the City Council approve the Facility Use Agreement with SBCDAAS. In addition, staff recommends that the City Council determine that approval of the agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act.

Redlands Regular Meeting of 10-18-22 192 of 1815
DISCUSSION:

The San Bernardino County Department of Aging and Adult Services (SBCDAAS) is a San Bernardino County agency dedicated to helping seniors and at risk individuals to improve or maintain choice, independence and quality of life. The department works to ensure seniors and adults with disabilities have the right to age in place in the least restrictive environment. The attached Facility Use Agreement (Agreement) with the SBCDAAS allows for use of the Grand View classroom, 500 square feet, located at the Redlands Community Senior Center at 111 W. Lugonia Avenue ("Premises"). With the approval of the Agreement, the Recreation Division and SBCDAAS will develop a partnership that allows SBCDAAS use of the Premises to provide senior citizens with community resources, bus passes, and assistance with the Home Energy Assistance Program.

This proposed Facility Use Agreement creates a new agreement between the City and SBCDAAS. The new agreement is attached for the City Council's consideration. Furthermore, the approval of the Facility Use Agreement is categorically exempt from environmental review in accordance with California Environmental Quality Act Section 15061 (b)(3).

ALTERNATIVES:

The City Council may deny the approval of the Agreement.

STRATEGIC PLAN:

Supports Objective E-8: Enhance recreational program services 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:

Joe Bierma, Administrative Analyst
Redlands Regular Meeting of 10-18-22 193 of 1815
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

Pursuant to the agreement, the per hour fees for use of the Premises will be waived. However, use of the Premises will provide services to the community for senior citizens in the community such as bus passes, and assistance with the Home Energy Assistance Program.

Attachments
A. Facility Use Agreement
Redlands Regular Meeting of 10-18-22 194 of 1815
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CITY OF REDLANDS

FACILITY USE AGREEMENT
This Facility Use Agreement ("Agreement") dated the 18th day of October, 2022, (“Effective Date”), by and between the City of Redlands, a municipal corporation and general law city ("City"), and San Bernardino County on behalf of the San Bernardino County Department of Adult and Aging Services ("SBCDAAS"). City and SBCDAAS are sometimes individually referred to herein as a "Party" and, together, as the "Parties."
ARTICLE 1. PREMISES
Section 1.01. City agrees to permit SBCDAAS to use the Grand View Classroom, consisting of approximately 500 square feet, located at the Redlands Community Senior Center, 111 West Lugonia Avenue, Redlands, California (the “Premises”) on the terms and conditions hereinafter set forth.

ARTICLE 2. TERM
Section 2.01. This Agreement shall be for a term of three (3) consecutive years commencing on its Effective Date, unless earlier terminated as provided for herein.

ARTICLE 3. RENT
Section 3.01. The per hour fee for SBCDAAS’ use of the Premises during the term of this Agreement shall be waived.

ARTICLE 4. USE OF PREMISES
Section 4.01. The Premises shall be used for the exclusive purpose of operating the San Bernardino County’s Department of Adult and Aging Services Outreach program. The program will provide senior citizens in the community with community resources, bus passes, and assistance with the Home Energy Assistance Program (HEAP). SBCDAAS shall not use or permit the Premises to be used for any other purpose without the prior written consent of City.

Section 4.02. Operation of Business. During the term of this Agreement, SBCDAAS shall, unless prevented by conditions beyond its control, conduct business of the type and nature specified in Section 4.01 of this Agreement on the Premises in a safe and business-like manner.

The Premises shall be used only for the time and dates approved for SBCDAAS as identified on City’s Facility Rental form. In the event that scheduling modifications are necessary, SBCDAAS shall make a forty-five (45) day advance schedule change request to City indicating the proposed modification. City shall respond to such requests within two (2) weeks of receipt. City may charge SBCDAAS a fee in the amount of Sixty-One Dollars ($61.00) per hour for any scheduling changes made by SBCDAAS without the aforementioned forty-five (45) day notice. SBCDAAS shall assume full responsibility for its personal property used at the Premises, and shall hold City Redlands Regular Meeting of 10-18-22 195 of 1815
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Section 4.03. User Responsibility. SBCDAAS shall be solely responsible for any set up and cleaning associated with its use of the Premises, and shall maintain the Premises in a clean and litter free manner.

Section 4.04. Insurance Hazards. SBCDAAS shall not commit, or permit the commission of, any acts on the Premises, or use or permit the use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. SBCDAAS shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises.

Section 4.05. Waste or Nuisance. SBCDAAS shall not commit, or permit the commission by others, of any waste on the Premises. SBCDAAS shall not maintain, commit or permit the maintenance or commission of any nuisance on the Premises, and SBCDAAS shall not use or permit the use of the Premises for any unlawful purpose.

Section 4.06. Compliance with Laws. SBCDAAS shall, at SBCDAAS sole cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, federal, state and county or municipal, relating to SBCDAAS use and occupancy of the Premises for SBCDAAS operation of business whether those statutes, ordinances, regulations and requirements are now in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by SBCDAAS in a proceeding brought against SBCDAAS by any government entity that SBCDAAS has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and SBCDAAS and shall constitute grounds for termination of this Agreement byCity.

ARTICLE 5. INDEMNITY AND INSURANCE
Section 5.01. SBCDAAS shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against any and all claims, causes of action, damages and liability resulting from SBCDAAS negligent acts or omissions, and the willful misconduct of SBCDAAS, and that of SBCDAAS agents, employees and invitees, during SBCDAAS occupation and use of the Premises during the term of this Agreement. This section shall survive any termination or expiration of this Agreement.

Section 5.02. City shall defend, indemnify and hold harmless SBCDAAS, and its elected officials, officers, employees and agents from and against any and all claims, causes of action, damages and liability resulting from City’s negligent acts or omissions, and the willful misconduct of City, and that of City’s agents, employees and invitees, during SBCDAAS occupation and use of the Premises during the term of this Agreement. This section shall survive any termination or expiration of this Agreement.

Section 5.03 City and SBCDAAS are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrant that through their respective Redlands Regular Meeting of 10-18-22 196 of 1815
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Section 5.04 It is the express intention of the Parties that SBCDAAS is, and shall remain during the term of this Agreement, an independent contractor and not be an agent or employee of City.

ARTICLE 6. TAXES AND UTILITIES
Section 6.01. City shall pay, and hold SBCDAAS free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities provided to the Premises during the term of this Agreement. SBCDAAS shall pay, and hold City free and harmless from, all charges for telephone usage by SBCDAAS at the Premises.

ARTICLE 7. ASSIGNMENT PROHIBITED
Section 7.01. This Agreement is personal to SBCDAAS. SBCDAAS shall not encumber, assign, sublease or otherwise transfer this Agreement, or any right or interest therein, without the prior written consent of City. Any encumbrance, assignment, sublease or transfer without such prior written consent of City shall constitute an immediate breach of this Agreement and may notwithstanding any other provision of this Agreement and at the sole discretion of City, result in the immediate termination of this Agreement.

ARTICLE 8. ATTORNEYS’ FEES
Section 8.01. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

ARTICLE 9. NOTICES
Section 9.01. 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:

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CITY SAN BERNARDINO COUNTY
Jeanne Donaldson, City Clerk Pete Mendoza, Interim Director P.O. Box 3005 Purchasing Department
Redlands, CA 92373 777 E. Rialto Ave.
[email protected] San Bernardino, CA 92415-0760 909-798-7531 [email protected]
909-387-2073
ARTICLE 10. TERMINATION
Section 10.01. Either Party may terminate this Agreement, without cause, by providing ninety (90) days prior written notice to the other Party specifying the date for termination of this Agreement. In the event of any breach of this Agreement by SBCDAAS, in addition to any other rights or remedies City may have, City shall have the option of immediately terminating this Agreement. All remedies of City under thissection shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have.

ARTICLE 11. ENTIRE AGREEMENT
Section 11.01. This Agreement constitutes the entire agreement between City and SBCDAAS respecting SBCDAAS’ use of the Premises, and correctly sets forth the obligations of City and SBCDAAS to each other as of its Effective Date. Any agreements or representations between the Parties respecting the Premises not expressly set forth in this Agreement are null and void.

Section 11.02. No waiver by either Party of any provision of this Agreement, or waiver of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by either Party of the same of any other provision ofthis Agreement. Neither the failure nor any delay on the part of the either Party to exercise any such rights and remedies will operate as a waiver thereof, nor does any single or partial exercise by either Party of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Executed as of the 18th day of October, 2022, at Redlands, California. [Signature Page Follows]
Redlands Regular Meeting of 10-18-22 198 of 1815
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CITY OF REDLANDS SAN BERNARDINO COUNTY ON BEHALF

OF THE DEPARTMENT OF ADULT AND

AGING SERVICES
By: By:

Paul T. Barich, Mayor Pete Mendoza
Title: Interim Director, Purchasing Department
ATTEST:

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-18-22 199 of 1815
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WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to selfinsure and to pay any compensation that may become due to his or her employees.

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 Ishall 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.

San Bernardino County Date:

By:

Redlands Regular Meeting of 10-18-22 200 of 1815
City Council Meeting I. 19.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support in the amount of $13,504 related to the Redlands Veterans Day Celebration event hosted by the Redlands Hometown Heroes Foundation on November 11, 2022; approve the request to close E. Citrus Ave., Eureka St., W.

State St., Center St., and Redlands Blvd. for the event; authorize the request for the sale and consumption of alcoholic beverages in Jennie Davis Park during the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council determine that approval of the request for the event in Jennie Davis Park during the Redlands Veterans Day Celebration is exempt from environmental review pursuant to Section 15311 of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to authorize and approve a request for in-kind support in the amount of $13,504 related to this event; and

2. I move to authorize the temporary closure of E. Citrus Ave., Eureka St., W.

State St., Center St., and Redlands Blvd., on November 11, 2022; and

3. I move to approve the request for the sale and consumption of alcoholic beverages in Jennie Davis Park during the Redlands Veterans Day Celebration to be held on November 11, 2022.

4. Redlands Regular Meeting of 10-18-22 201 of 1815
RECOMMENDATION:

Staff recommends that City Council determine that approval of the request for the event in Jennie Davis Park during the Redlands Veterans Day Celebration is exempt from environmental review pursuant to Section 15311 of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary street closures of E. Citrus Ave., Eureka St., W. State St., Center St., and Redlands Blvd. on November 11, 2022, for the event.

Additionally, staff recommends that the City Council direct staff accordingly concerning the request for in-kind support and further recommends that the City Council provide staff direction regarding the request for the sale and consumption of alcoholic beverages.

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of City resources and facilities in support of a special event.

The Redlands Hometown Heroes Foundation (Foundation) has reserved Jennie Davis Park on Friday, November 11, 2022, for the Redlands Veterans Day Celebration event to be held from 7:00 a.m. to 4:00 p.m. The Foundation is also requesting approval to temporarily close E. Citrus Ave., Eureka St., W. State St., Center St., and Redlands Blvd., for the parade as part of their event between the hours of 7:00 a.m. to 12:00 p.m. Additionally, they are requesting in-kind support in the amount of $13,504.00 for departmental resources including Police Personnel, and the reservation of Jennie Davis Park. The Redlands Hometown Heroes Foundation is a non-profit organization operating out of Redlands, CA.

The American Legion Post #106 will be responsible for operating the proposed pouring station and for obtaining the Daily License to Serve Alcohol from the Office of Alcohol Beverage Control. The American Legion Post No. 106 is requesting permission to serve beer and wine at the event that will end no later than 4:00 p.m. The City Council's approval is necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559 and therefore the granting of this request is outside city staff's purview.

Redlands Regular Meeting of 10-18-22 202 of 1815
staff's purview.

The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilites designed for public use ALTERNATIVES:

The City Council may deny the request.

STRATEGIC PLAN:

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

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Christopher R. Catren, Police Chief
PREPARED BY:

Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $13,504
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.

Redlands Regular Meeting of 10-18-22 203 of 1815
Departmental Charges
(Personnel & Equipment)
2022 Amount Type 2021
Amount
Police Personnel1 $12,220.00 Hard Cost $6,960.00
Facilities & Community Services
Personnel1
$712.50 Hard Cost $712.50
Facilities & Community Services
Equipment
$477.50 Soft Cost $477.50
Personnel & Equipment Subtotal $13,410.00 $8,150.00
Fees Established by City Council
Resolution
Jennie Davis Park Reservation
Permit
$94.00 Soft Cost $94.00
Fees Subtotal $94.00 $94.00
Total Departmental Charges and
Fees
$12,932.50
(hard)
$571.50(soft)
$13,504.00
(Total)
$8,244.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2022-23 to date:

TABLE 2: FY 2022-23 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$133,334.00 $4,898.00 $4,300.00 $142,532.00 $138,232.00 Attachments
A. In-Kind Support Request
B. Authorization to Serve Alcohol
C. Verification of Nonprofit
Redlands Regular Meeting of 10-18-22 204 of 1815
In-Kind Support Request
Group/Organization Name:

Event Name:

Event Date(s):

Primary Contact Name & Title:

Mailing Address:

Phone Number:

E-Mail Address:

Is your Group/Organization
a Registered Non-Profit:

Beginning Time: End Time:

No
Yes Non-Profit Federal Tax ID Number:

Describe Your Request:

Location(s):

Rain Out Date:

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

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

Updated 6/2021
City of Redlands
Redlands Regular Meeting of 10-18-22 205 of 1815
To Be Completed by the City of Redlands
Received By:

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

Signature: Title:

Please Print Your Name: Date:

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

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

In April 2002, the City Council adopted Resolution No. 6038, which encourages groups or organizations requesting in-kind support from the City to use local businesses when procuring goods and services associated with the event. Receipts will need to be submitted through a follow up form. Failure to submit post event documentation (within 15 days) may affect future requests.

Date Received:

Notes:

City Manager Approval: City Council Approval:

Redlands Regular Meeting of 10-18-22 206 of 1815
Redlands Regular Meeting of 10-18-22 207 of 1815
Determination Letter
A favorable determination letter is issued by the IRS if an organization meets the requirements for tax-exempt status under the Code section the organization applied.  Final Letters
Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.

On Publication 78 Data List: Yes
Deductibility Code: PC
Form 990-N (e-Postcard)
Organizations who have filed a 990-N (e-Postcard) annual electronic notice. Most small organizations that receive less than $50,000 fall into this category.
 Tax Year 2021 Form 990-N (e-Postcard)
 Tax Year 2020 Form 990-N (e-Postcard)
 HELP MENU 
Home  Tax Exempt Organization Search  Redlands Hometown Heroes Foundation Back to Search Results
Redlands Hometown Heroes Foundation
EIN: 82-4717141 | Redlands, CA, United States
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Details about Redlands hometown heroes foundation https://apps.irs.gov/app/eos/detailsPage?ein=824717141&name=Redla... 1 of 2 9/19/2022, 11:54 AM
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City Council Meeting I. 20.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a First Amendment to the Public Works Contract with DEARK E&C, INC. for the Senior Center Outdoor Dining Facilities Construction Project No. 03012022JN to extend time for
completion by ninety (90) calendar days (Assistant City Manager Boatman)
MOTION(S):

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

I move to approve the First Amendment to the Public Works Contract with DEARK E&C, INC. for the Senior Center Outdoor Dining Facilities Construction Project to extend the time for completion by ninety (90) calendar days.

RECOMMENDATION:

Staff recommends City Council approve the First Amendment to the Public Works Contract with DEARK E&C, INC. for the Senior Center Outdoor Dining Facilities Construction Project to extend the time for completion by ninety (90) calendar days.

DISCUSSION:

On June 21, 2022, City Council approved a Public Works Contract with DEARK E&C, INC. to construct the Senior Center Outdoor Dining Facilities Construction project for an amount not-to-exceed $314,190. This project is funded by the County of San Bernardino's Fiscal Year 2021-22 Community Development Block Grant COVID-19 (CDBG-CV3) and the scope of the work includes the construction of an ADA-compliant ramp, fabrication and installation of guardrails, chain link fence and gate, concrete block wall, storm drain and raised planters.

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Recently, DEARK E&C, INC. notified staff that the lead time for project materials is lengthy and exceeds the Contract completion deadline. Therefore, staff is recommending a Contract amendment to increase the Contract time for completion by ninety (90) calendar days, resulting in a revised Contract time for project completion of one hundred eighty (180) calendar days. This is the only Contract revision proposed.

ALTERNATIVES:

City Council may elect not to approve this action. However, electing not to approve this action may result in the project not being completed and a loss or reduction of CDBG funding in the future.

STRATEGIC PLAN:

N/A
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
Tricia Munoz, Management Analyst/Development Services
Tabitha Kevari, Senior Manager/FCS
PREPARED BY:

Jawad Naderi, Associate Engineer
Fiscal Impact
Discussion:

Approval of this action has no impact on the General Fund.

Attachments
First Amendment to Deark E&C, Inc. Contract
Executed Contract (Reference only)
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L:\ca\Agreements\Deark_EC First Amendment-FY22-0036.docx

FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This first amendment (“First Amendment”) to the Public Works Construction Contract for the Senior Center Outdoor Dining Facilities Construction Project for the (“Contract”), dated June 21, 2022, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Deark E&C, INC. (“Contractor”), is made and entered into this 18th day of October, 2022.

RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the time for completion of the contract to January 21, 2023.

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

AGREEMENT
Section 1. Section 3 of the contract, entitled “Time for completion,” is hereby amended to read as follows:
“3 TIME FOR COMPLETION: The Work shall be completed within one hundred eighty (180) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”
Section 2. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

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

CITY OF REDLANDS DEARK E&C, INC.

By: _______________________________ By: ________________________________ Paul T. Barich, Mayor Dong Keun Jin, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council Meeting I. 21.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Report regarding Emergency Resolution No. 8065 proclaiming the existence of a local emergency in response to COVID-19
(Coronavirus Disease 2019) (Fire Chief Sessler)
DISCUSSION:

On March 17, 2020, the City Council adopted Resolution No. 8065 proclaiming the existence of a "local emergency" in accordance with Chapter 2.52 of the Redlands Municipal Code and determined that there was substantial evidence to proclaim a local emergency due to COVID-19 Pandemic. This proclamation was done after the declaration of a public emergency by the United States Department of Public Health and Human Services, the State of California, and the County of San Bernardino County Health Officer and the Board of Supervisors.

Since the declaration of the local emergency, the City's Emergency Operations Center was activated and remains at a Level III activation. Additionally, several measures were put in place to adhere to California Department of Public Health and to keep employees and residents safe. As of this time, all City facilities and services are being provided to the public while adhering to state guidelines.

Updates for San Bernardino County
San Bernardino County, along with the rest of the state, fully reopened its economy on June 15, 2021, eliminating various restrictions and discontinuing the color-coded county tier system.

Restaurants, bars, retail stores, theaters, hotels and entertainment centers have returned to usual operations with no capacity limitations and no requirements for social distancing.

Fully vaccinated individuals can resume activities without wearing a mask or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.

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Emergency Operations Planning and Response
The Emergency Operations Center (EOC) remains activated at a Level III since it was originally activated on March 16, 2020. A team of Responders was put together consisting of several City Department staff including Fire, Police, Information Technology, Human Resources Risk & Safety Division, Finance, and the City Manager's Office. The objective of the EOC Team, and the City as a whole, is to provide and maintain the safety for all City employees and the community, to keep essential services open and available to the community, provide a consistent message, and reduce the risk of the exposure and spread of COVID-19. Responders met regularly for status briefings and to ensure proper preparation, planning, prevention, and response to the COVID-19 pandemic.

With a focus on preparation, planning, prevention, and response, the EOC Team included specific roles for a PIO (primary and alternate), for the dissemination of consistent and critical information, a Safety Officer, and a Community Liaison. Additional categories were also added for Operations, Logistics, and Finance & Recovery. The focus of Finance & Recovery is to track personnel and non-personnel expenditures related to COVID-19 in order to seek reimbursement from the state.

The Latest COVID-19 Statistics:

As of Wednesday, October 12, 2022, COVID-19 numbers in the city of Redlands are as follows:

Total Cases: 22,652
Community Cases: 22,096
Deaths: 364
Total Tests: 329,812
Vaccinations and Testing
Vaccinations and boosters are in good supply and readily available to any resident aged 12 and over, and there are vaccination sites located throughout the County. For more information on COVID-19 vaccinations please visit sbcovid19.com/vaccine/.

Testing appointments can be made through the San Bernardino County COVID-19 Response website as follows: https://sbcovid19.com/testing-sites/.

In addition, self-tests for COVID-19 are recommended by the CDC as they give rapid results and can be taken anywhere, regardless of vaccination status or whether or not symptoms are present. Self-tests detect current infection, and give results in a few minutes. Along with vaccinations, wearing a well-fitted mask, and physical distancing, self-tests help protect all by reducing the chances of spreading COVID-19, however, they do not detect antibodies which Redlands Regular Meeting of 10-18-22 226 of 1815
would suggest a previous infection, and they do not measure your level of immunity. Self-tests can be obtained through local health departments, and online or in pharmacies and retail stores.

SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Fiscal Impact
Discussion:

The fiscal impact on the City due to COVID-19 as of October 12, 2022 is as follows: Personnel: $4,938,947.70 (Fully Burdened)
Non-Personnel: $587,221.79 (Equipment and Supplies)
Total: $5,526,169.49
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City Council Meeting J. 1.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Video Series: Working for You: Redlands Making Progress (Public Information Officer Baker)
DISCUSSION:

For this evening's City Council meeting, staff will present a new video from the video series “Working for You: Making Redlands a Better Place.” The series highlights one employee each month, from various departments and divisions, specifically describing how that employee’s job fits into the larger mission of the City to improve residents’ lives and make Redlands a better place to live. The videos are available for viewing on the City’s website and social media platforms in addition to being shown in rotation on Redlands TV.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Carl Baker, Public Information Officer
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City Council Meeting J. 2.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Conference Report- 2022 Sister Cities International U.S.-Mexico Mayors' Community Summit (Mayor Pro Tem Tejeda)
DISCUSSION:

For this evening’s City Council Meeting, Mayor Pro Tem Tejeda will provide a report relating to his attendance at the 2022 Sister Cities International U.S.-Mexico Mayors' Community Summit held October 11-13, in San Diego, California, and Tijuana, Baja California.

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City Council Meeting J. 3.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible direction to staff on a request from two Councilmembers to host community-oriented events in City facilities (City Manager Duggan)
MOTION(S):

If the City Council decides to direct staff on a request from two Councilmembers to host community-oriented events in City facilities; the following motion is provided:

I move to allow Mayor Pro Tem Tejeda and Councilmember Davis to use City facilities to host Accelerate Neighborhood Climate Action meetings beginning November 2022 through November 2023.

1. RECOMMENDATION:

To allow City facilities and minimal staff time to be devoted to these events.

DISCUSSION:

Resolution No. 7938 states that City funds, equipment, supplies (including letterhead), titles, staff time must only be used for authorized City business.

Mayor Pro Tem Tejeda and Councilmember Davis wish to host Accelerate Neighborhood Climate Action ("ANCA") meetings at the Redlands Community Center beginning November 2022 through November 2023. ANCA's mission is to build climate-resilient communities, neighborhood-by-neighborhood. The meetings will occur during regular business hours and there is no cost to the City to host these events.

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ALTERNATIVES:

The City Council may wish not to approve these requests.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: 2022-2024
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

Only staff time at this point.

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City Council Meeting K. 1.

DATE: 10/18/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Public Hearing to consider Resolution Nos. 8394 and 8395 (Mayor to declare meeting open as a public hearing)
Resolution 8394 - Calling a special election on the question of levying special taxes within the territory to be annexed to Community Facilities District No. 2004-1; and
a.

Resolution No. 8395 - Declaring results of special election of Annexation No. 27 to Community Facilities District No. 2004-1 b.
(Development Services Director Desatnik)
PROCEDURE FOR PUBLIC HEARING:

1. Mayor opens Public Hearing.

Mayor asks City Clerk if Notice of the Hearing has been published and mailed as required by law.

2. Mayor calls for report from the Development Services Department with regard to the Annual Levy of Special Taxes within the Annexing Territory to Pay Costs of the Maintenance of Public Trails and Trail Fences within and in the area of the property and the Community Facilities District.

3. Mayor asks the City Clerk if she has received any written protests regarding the proposed Annexation.

4. Mayor asks if City Clerk agrees to hold the special election within the annexing territory on October 18, 2022.

5. 6. Mayor closes Public Hearing.

The City Council may adopt the following Resolution:

Resolution Calling Special Election on the Question of Levying Special Taxes within the Territory Proposed to be annexed to Community Facilities District No. 2004-1.

7. City Clerk conducts Special Election and Announces Results of Canvass of Votes Cast.

8. 9. City Council adopts Resolution Declaring Results of Special Election.

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MOTION(S):

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

I move City Council approve Resolution No. 8394.

Mayor to request City Clerk to conduct Special Election and announce results of canvass of votes cast; and

1. 2. I move City Council approve Resolution No. 8395.

RECOMMENDATION:

Staff recommends the Mayor conduct the annexation proceeding in accordance with the above "Mayor's Agenda" and City Council adopt Resolution Nos. 8394 and 8395.

DISCUSSION:

On September 6, 2021, City Council approved Resolution No. 8382 to commence with the annexation proceedings for Duke Realty Limited Partnership., Planned Development No. 4, to Community Facilities District No. 2004-1 (CFD) for the purposes of performing maintenance of public trails and trail fences within and adjacent to Planned Development No. 4. Additionally, at that meeting, a public hearing was set for October 18, 2022, regarding the annexation of approximately 22.57 acres of land located at the northeast corner of Mountain View Avenue and I-10. At the conclusion of the public hearing, City Council will consider adopting Resolution No. 8394 scheduling a special election within the territory to be annexed. Resolution No. 8394 schedules the special election for October 18, 2022, immediately following the public hearing.

Duke Realty Limited Partnership requested the annexation of its property into the CFD and delivered to the City Clerk a written waiver consenting to the special election being conducted by the City Clerk on October 18, 2022. The City Clerk consented to conduct the special election on that date.

Immediately following the adoption of Resolution No. 8394, the property owners will deliver voted ballots to the City Clerk. The City Clerk will then canvass the voted ballot(s) and report the results of the election to the Council. The Council will then consider the adoption of Resolution No. 8395, declaring the results of the election, which will complete the annexation of the property to the Community Facilities District.

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The adoption of Resolution Nos. 8394 and 8395 are not subject to environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, as the adoption of these Resolutions does not have the potential for causing a significant effect on the environment.

CFD 2004-1 has had multiple annexations in the past 18 years which are listed in Attachment "L".

ALTERNATIVES:

The Council may choose to deny the request to annex property into CFD No. 2004-1; however, another funding source for the maintenance of the public trails and trail fences will need to be identified.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

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

Donald P. Young, One Stop Permit Center Manager
Fiscal Impact
Budgeted Y/N: NA
Discussion:

There is no fiscal impact to the City as all costs for this annexation are borne by the property owner.

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Attachments
Attachment A - Resolution No. 8382 - Resolution of Intent Attachment B - Ballot
Attachment C - Official Ballot
Attachment D - Project Location Map
Attachment E - Resolution 8394 Calling Election - Redlands CFD 2004-1, Annex No. 27
Attachment F - Resolution 8395 Declare Results of Election, Annex No. 27 Attachment G - Notice of Hearing
Attachment H - Boundary Map
Attachment I - Affidavit Proof of Publication
Attachment J - Signed Redlands CFD 2004-1 Annex No. 27 – Waiver Attachment K - Voter Certification from County of San Bernardino - Annex 27 Attachment L - Annexation List
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17942.00056\40686996.1
Duke Realty Limited Partnership

22.57 acres – 23 votes

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Redlands City CouncilOctober 18, 2022

Redlands City Council
October 18, 2022