Redlands City Council
December 6, 2022

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Dublin 65,716 General Law Yes At-Large Members of the City Council are elected at-large to serve the entire community rather than by district. The mayor is directly elected to a two-year term and the four City Council members are elected to four-year staggered terms.

In November 1996, voters in Dublin established term limits which state generally that no one may serve more than eight consecutive years in any combination of positions on the City Council.

Pleasanton 79,464 General Law Yes At-Large Members of the City Council are elected at-large. Councilmembers are elected for a term of four-years, and the Mayor is elected to a term of two-years. A Vice Mayor is selected by the Mayor each calendar year. The Mayor and Council are subject to term limits of eight years.

Union City 73,637 General Law Yes At-Large In Union City, the city council is elected at large, meaning that they represent the entire community, rather than just representing the districts where they live. Neither the Mayor nor any member of the City Council shall serve in the same office for more than three (3) consecutive terms. For purposes of this chapter, the office of Mayor and the office of City Councilmember are distinct offices. At any municipal election after the expiration of two (2) years following said consecutive elective terms, a former Councilmember or Mayor may again seek election to City Council or as Mayor. (Ord. 495-96 § 1, 1996)
Brentwood 65,118 General Law Yes District The Mayor is an elected position, serving four-year terms. The City Council Members are elected and serve four-year terms. The City Council elections are held in November of even numbered years. 2.10.040 Election schedule.

A. Except as otherwise required by California Government Code Section 36512, council members will be elected in council districts 1 and 3 beginning at the general municipal election in November 2020, and every four years thereafter. Council members will be elected in council districts 2 and 4 beginning at the general municipal election in November 2022, and every four years thereafter.

B. Following the adoption of a ballot measure on November 7, 2006, by city voters, and beginning with the November 2008 general municipal election, the mayor is elected by the voters of the entire city every four years. (Ord. 1010 § 2, 2019)

Redlands Regular Meeting of 12/06/2022
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Pittsburg 74,321 General Law No At-Large 1 The Mayor is selected among the Council Members and serves for a one year term. D. The positions of mayor and vice-mayor shall each be for a one-year term and will be rotated among city council members. The council shall determine the rotation by which council members become mayor and vice-mayor. A mayoral rotation schedule shall be established by resolution of the council. Council members shall rotate according to the adopted mayoral rotation schedule annually at the council reorganization meeting which shall be the first meeting in December of each year.

Walnut Creek 70,860 General Law No At-Large 1 The City of Walnut Creek has five Council members. They are elected at large for 4- year, staggered terms; elections are held in November of each even-numbered year.

The Mayor, who was selected on December 1, 2020, is Kevin Wilk; he will serve as Mayor until December of 2021. Matt Francois is serving as the Mayor Pro Tem.

Baldwin Park 76,252 General Law Yes At-Large The City Council is comprised of four members elected at large for four years and the Mayor, elected at large for two years. The Mayor Pro Tem is elected directly by the City Council from among its members.

Bellflower 78,110 General Law No District 1 The City Council is the legislative body of Bellflower's city government and is composed of five members. Council Members are elected during even-numbered years for four-year terms on an overlapping basis; two elected at one election and three at the next. The Mayor is elected by the Council from among its membership.

Diamond Bar 57,177 General Law No At-Large 1 A five-member city council is elected by the residents, and a mayor is elected annually by the council to serve a one-year term.

Gardena 60,937 General Law Yes At-Large A. Commencing with the mayoral election in the year 2001, no person shall serve more than three consecutive terms of office as mayor provided, however, that such person shall be eligible to hold such office after a break in service of twenty-four months. For purposes of this section, a person serving at least two years of a term shall be considered to have served a full term of office.

B. For purposes of this chapter, the office of mayor is considered to be separate and distinct from the office of member of the city council. (Measure G (part), adopted March 2, 1999)
Hawthorne 86,903 General Law Yes At-Large Hawthorne has an elected city council composed of a mayor elected every four years and four city council members elected on staggering four year terms.

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Huntington Park 59,515 General Law No At-Large 1 Annually on March 1st, the City Council shall choose one of its members to serve as Mayor and one to serve as Vice Mayor for a one-year term. City Council Members are elected in March of even-numbered years for terms of four (4) years. No more than three (3) consecutive terms may be held by Members of the City Council. A member may hold office again after being out of office for at least one General Municipal Election.

Lakewood 79,919 General Law No At-Large 1 The mayor is selected by the City Council from among its members and serves a one-year term. All council members are elected at large. There are no council districts in Lakewood.

Lynwood 71,269 General Law No At-Large 1 Marisela Santana was unanimously elected as the City of Lynwood’s new Mayor at Tuesday’s Council meeting. Mayor Santana will lead the City Council for the next year, which will include the Lynwood Centennial Celebration to be celebrated in 2021. She is a two-year veteran of the City Council and a long-time communications advisor. No person shall serve more than two (2) consecutive terms on the Lynwood city council.

The completion of any unexpired term to which such person was elected or appointed shall not be considered a term for the purposes of this subsection. Any elected official who has served two (2) consecutive terms shall not be reelected as a member of the city council.

Montebello 63,544 General Law No At-Large 1 The five City Council members are elected at large to overlapping terms of four years and annually select one of their members to serve as Mayor. Notwithstanding any other provisions of this section, by the affirmative vote of not less than three members of the council, any or all provisions hereof may be suspended, and any member of the council may be appointed to the position of mayor or mayor pro tempore for a fixed or indeterminate term or terms. three consecutive four-year terms on elected city officials, including city council members, the city treasurer, and the city clerk, starting with elections in November 2018.

Monterey Park 60,734 General Law No District 9 1/2 months Council Members are elected by districts for four-year, overlapping terms of office. The Mayor, who is selected during each Council reorganization every nine and half months, presides over all Council meetings and is the ceremonial head of the City for all official functions. No person may serve no more than two consecutive terms as a public official.

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Pico Rivera 63,374 General Law No At-Large 1 Five City Council members are elected, at large, for staggered four-year terms. The council members select one of the members to serve as Mayor and serve as Mayor Pro Tem. Municipal elections are held in even-numbered years on the first Tuesday following the first Monday in November. Pico Rivera does not have term limits for members of the City Council.

Madera 65,415 General Law Yes At-Large Santos was first elected to the City Council (District 5) in 2018 for a four year term through 2022. In 2020, Santos ran for Mayor and was elected to serve a four-year term through 2024.

In 2010, the method by which Council Members are elected to office changed from members elected at large to members elected by district with an elected mayor. The first election by district with an elected mayor was held in November of 2012. Santos is serving as the third elected Mayor for the City of Madera.

Laguna Niguel 65,316 General Law No At-Large 1 The City Council consists of five (5) members, elected from the City at-large, who serve four year staggered terms. Annually, the City Council appoints a Mayor and a Mayor Pro Tem from its own membership to serve a one-year term. No person shall hold office as a member of the city council if such person has served on the city council for two consecutive terms, unless he or she, has subsequent to the completion of his or her last term, been out of office as a member of the city council for at least two years.

La Habra 63,371 General Law No At-Large 1 Regular City Council elections occur in even years and coincide with the Statewide General Election. Each year, the members of the City Council choose 1 member to serve as Mayor and 1 member to serve as Mayor Pro Tem. The Mayor Pro Tem acts in the Mayor’s place when absent. The residents of La Habra are represented by a five-member City Council who are elected on an at-large basis to four-year terms, with no term limits. Mayor has no term limit (as long as there is a 4/5 vote for selection of Mayor). Usually MPT becomes Mayor
Lake Forest 84,711 General Law No District 1 The City Council is comprised of five part-time Lake Forest residents elected to serve a four-year term. The City Council selects a Mayor and Mayor Pro Tem annually.

The City Council members are non-partisan. City Council members each serve a four-year term, with a maximum of two consecutive four-year terms.

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San Clemente 64,581 General Law No At-Large 1 The City Council consists of five members, elected at-large, for four-year overlapping terms of office. Non-partisan City elections are held in November of even-numbered years for Council Members. At the top of this page is a list of our current City Council Members. San Clemente Measure BB, a city council term limits measure, was on the ballot as a referral in San Clemente on November 3, 2020. It was approved.

A “yes” vote supported limiting city council term limits to two consecutive four- year terms and the ability to only serve as a city council member again after at least two years off city council.

Tustin 80,382 General Law No At-Large 1 City Council members are elected at-large to a four-year term. Council Members serve staggered terms with two or three seats alternately expiring every two years, with a maximum of two consecutive four-year terms. the mayorship rotates among the council members and is primarily a ceremonial role. 1307 - LIMITATION ON

CONSECUTIVE TERMS OF MEMBERS OF THE COUNCIL
Limitations on Consecutive Terms for Councilmembers
(1)No person shall be elected as a member of the City Council for more than two (2) full consecutive terms. Any member of the City Council who has served two (2) consecutive terms shall not be reelected as a member of the City Council for at least two (2) years from the last date of the second consecutive term.(2)This section shall not operate to shorten any current term of members of the City Council presently in office.(3)This section shall apply prospectively from the effective date of the enactment of Government Code Section 36502.5, which date is January 1, 1997.(4)This section shall not be amended or repealed by the City Council without the approval of the electors of the City of Tustin.
(Ord. No. 1126, Sec. 1, 11-8-94; Ord. No. 1175, Sec. 3, 2-18-97; Ord. No. 1180, Sec. 3, 3-17-97)

Redlands Regular Meeting of 12/06/2022
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Yorba Linda 68,650 General Law No At-Large 1 Each year, the City Council Members elect one member to serve as Mayor. The Mayor presides over the meetings and represents the City at various functions. A Mayor Pro Tem is also selected to serve in the absence of the Mayor. Each Council Member is able to serve a maximum of three four-year terms. The City of Yorba Linda is a General Law City, governed by a five-member City Council who is elected at-large, and each hold a four-year term. A person is ineligible to hold office as a member of the City Council if that person has served in the office for three full terms.

Rocklin 70,350 General Law No At-Large 1 The City of Rocklin City Council consists of five members elected at large alternately at the general election in November of even-numbered years to serve a four-year term.

Councilmembers do not have term limits. The Mayor and Vice Mayor are elected by the City Council each November, usually for a one-year term.

Eastvale 66,413 General Law No District 1 The Eastvale City Council has five members, who are elected on a nonpartisan basis.

The five Councilmembers are elected by-district (District Map) and serve four-year staggered terms, and the Mayor is selected by the Council to serve a one-year term.

Hemet 85,175 General Law No District 1 The Hemet City Council consists of five members elected by district, who serve four- year staggered terms. Annually, the City Council appoints a Mayor and a Mayor Pro Tem from its own membership to serve a one-year term. During their lifetime no person shall serve, whether by means of election or appointment, more than three terms of office as a city councilmember, as the treasurer, or as any other elected city official.

Lake Elsinore 63,453 General Law No District 1 Lake Elsinore is a General Law city governed by a five-member City Council. Members of the City Council are elected by-district and the City Treasurer is elected at-large for a four-year term. Council Members serve staggered terms, with either two or three seats being open for election every two years. As of February 1, 2018, the City transitioned to By-District elections with 5 Districts. The position of Mayor is selected by the City Council on an annual basis. There are no limits on the amount of terms a person can serve in these positions.

Redlands Regular Meeting of 12/06/2022
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Perris 80,201 General Law Yes At-Large The City of Perris is governed by four at-large council members and a directly appointed Mayor. The City operates with a council-manager form of government, where the council appoints a City Manager who administers the daily operations of city government. The City Council also appoints a City Attorney who is responsible for advising the Council on legal issues affecting the city of Perris. No person shall be elected or appointed to more than three terms as an elected official in the City of Perris. For the purposes of calculating the number of terms in the limitation on terms of office, the terms served by a person elected or appointed to one elected office in the City of Perris shall not be aggregated with terms served by that person in another elected office in the City of Perris. For example, a single person may serve three terms as mayor, three terms as a city council member, and three terms as city clerk.

Citrus Heights 87,811 General Law No District 1 There are five members of the Citrus Heights City Council. Each member must be a registered voter in the city and was elected at-large. Starting with the 2020 Election, two Council Members will be elected by Districts with the remaining three Council Members to be elected by Districts in 2022. Until a Council Member is elected by Districts, they remain "at-large." The Council selects one of its members to serve as mayor for a period of 12 months.

Rancho Cordova 78,381 General Law No At-Large 1 Citizens elect five City Council Members at large who serve four-year terms. Three council seats have terms that expire in November 2024; two council seats have terms that expire in November 2022. The position of Mayor and Vice Mayor rotate annually in December.

Apple Valley 74,394 General Law Yes District Every even-numbered year an election is held for term-ending Council seats.

Individuals are elected to serve four-year terms. All Council/Agency members serve the Town at-large.

Chino 89,109 General Law Yes At-Large The Mayor is elected at-large and Council Members are elected by geographically defined districts, each for four-year terms. The elections coincide with the Statewide General Election, held in November of even numbered years.

There are no term limits.

Chino Hills 82,409 General Law No District 1 The City Council is the elected governing body that guides the progress of the City of Chino Hills. Five members of the City Council are elected to positions and serve four- year terms. Each year the City Council selects one member to serve as Mayor for a one-year term.

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Upland 78,814 General Law Yes At-Large The City Council is an elected five person governing body. The Mayor is elected independently with the same voting power as other members of the Council. City Councilmembers each serve four-year terms with elections every other year; therefore, three Councilmembers are elected at one election and the Mayor and one Councilmember at the other.

Encinitas 62,183 General Law Yes At-Large The City Council is the governing body of the City and consists of an elected Mayor and four elected Council Members, as detailed in Chapter 2.20 of the Encinitas Municipal Code. The Mayor is a two-year term and Council members are elected on staggered four-year terms. The Deputy Mayor is selected each year by a majority vote of the City Council.

La Mesa 59,966 General Law Yes At-Large The La Mesa City Council consists of four councilmembers and the mayor. The councilmembers are elected at-large for a four-year term of office. Two councilmembers are elected at each November General Municipal Election in even- numbered years. This means at least two councilmembers are up for election every two years. The mayor is directly elected to a four-year term during the General Municipal Election in November. Council / mayoral elections are non-partisan, and members are elected as at-large representatives for all the citizens. No person shall serve more than three consecutive terms of office as a member of the city council, or as mayor, or any combination of terms thereof. Any person who has served three consecutive terms as a member of the city council, or as mayor, or any combination of terms thereof, shall not be eligible to serve again until the expiration of at least four years.

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National City 62,099 General Law Yes At-Large No person shall be eligible for nomination and election to the office of mayor for more than three consecutive terms, and no person who has held the office of mayor for three consecutive terms, may again seek nomination and election to the office of mayor until one election cycle following the termination of the third term for mayor has elapsed; provided, however, that any person who is appointed by the city council to fill the office of mayor or elected in a special election for the balance of a regular term of mayor for a period of two years or less may seek nomination and election for three full terms thereafter. This section shall apply prospectively to full terms commencing after the November 2, 2004 general municipal election. A.No person shall be eligible for nomination and election to serve in any elective city office, which shall include the offices of mayor, members of the city council, city clerk, and city treasurer, for more than six terms in all elected offices combined. This limitation on terms shall not apply to any unexpired term to which a person is elected or appointed to fill a vacancy in any elective city office, if the remainder of the term is less than one- half of the full term of office.

Lodi 67,930 General Law No District 1 City Council Members are elected on a by-district basis from five single-member Council districts by voters residing in the district in which the Council Member resides (learn more about Council Districts). Council Members hold four-year terms.

Elections for members of the Council are held in November of even-numbered years. There is no limit to how many terms a person may serve as a Lodi City Council Member.

Manteca 84,800 General Law Yes At-Large The City of Manteca conducts municipal elections on Tuesday after the first Monday in November in even numbered years. The next general municipal election will be held on Tuesday, November 3, 2020. This election voters will be electing two members of the city council.

South San Francisco 67,879 General Law No District 1 The City of South San Francisco is a General Law City and was incorporated on September 19, 1908. South San Francisco's elections are held in November of even- numbered years. The Mayor and Vice Mayor are appointed by the City Council for a one-year term.

Starting with the 2020 Election, two Council Members will be elected by Districts with the remaining three Council Members to be elected by Districts in 2022.

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Cupertino 59,549 General Law No At-Large 1 Five Council members are elected at-large for overlapping, four-year terms. The election is non-partisan, and is held in November of even numbered years. Once seated, Council members themselves elect the Mayor and Vice Mayor for a term of one year. Meetings are held the first and third Tuesday of each month beginning at 6:45 p.m. usually lasting until 11:00 p.m. Council members typically spend 20-40 hours each week on their responsibilities. Term Limits: two consecutive four-year terms Milpitas 77,961 General Law Yes At-Large The City of Milpitas will hold its next regularly scheduled municipal election on Tuesday, November 3, 2020. Local election is held each November in even numbered years. On the ballot for voters will be candidates for the office of one Mayor (2 year term expiring in December 2022) and for the offices of two City Councilmembers (4-year terms expiring in December 2024). A person may serve a maximum of three consecutive elective terms as either a City Councilmember or as the Mayor.

However, if a Councilmember is elected Mayor or the Mayor is elected Councilmember, that person may serve a combined total of no more than four consecutive elective terms. At any municipal election after the expiration of two years following said consecutive elective terms, such former Councilmember or Mayor may again seek election to City Council or as Mayor.

Turlock 74,297 General Law Yes At-Large City of Turlock Ordinance No. 1197-CS (TMC 2-1-05,06, and 07) stipulates that Council members of the two even-numbered districts shall be elected by-district in November 2016 for a term of four (4) years and Council members of the two odd- numbered districts shall be elected by-district in November 2018 for a term of four (4) years. The Mayor and the City Treasurer are elected by the voters of the City at- large. (c) Election of Council members. The members of the Council in office at the time the ordinance codified in this section takes effect shall continue in office until the expiration of their terms and until their successors are elected and qualified. If a tie vote makes it impossible to determine which of two (2) or more candidates has been elected, said tie shall be settled by the drawing of lots, the procedure for which shall be determined by the Council. No candidate shall file for more than one (1) elective office.

Any member of the Council may run for the office of Mayor, and upon election as Mayor shall forfeit the office of Council member of any district.

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Yuba City 70,458 General Law No At-Large 1 Yuba City operates under the Council-Manager form of government, with each of the five Council members elected at-large and serving four-year, staggered terms. From among its members, the Council selects the City's Mayor and Vice Mayor every year. Municipal elections are held in November
of every evennumbered year and Councilmember terms
are staggered. Members serve four year terms and there are no term limits. Annually in November, the Mayor is selected by members of the Council. While all Councilmembers enjoy the same powers and privileges, the Mayor has the additional responsibility of presiding over City Council meetings, signing official documents and officiated at ceremonies and events.

Camarillo 70,261 General Law No District 1 The City of Camarillo's five-member City Council is elected for four-year terms subject to Term Limits. The Council selects one of its members to serve as Mayor annually. In 2019, the City Council transitioned to District Elections, which will take effect beginning with the November 2020 election. To learn more go to the Elections page. As the city's legislative body, the City Council conducts the affairs of the City on behalf of the citizens, in accordance with the State Constitution and the General Laws of the State of California. It is within this legal framework that the Council makes decisions affecting numerous aspects of community life, from the provision of municipal services to land use planning and community development. No person shall serve more than three consecutive terms of office as a member of the city council, either by election or appointment, until at least four years after the expiration of the third consecutive term in office. After a break in service of at least four years, an individual who has previously served on the city council for three or more terms will become eligible to again serve on the city council

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Woodland 60,742 General Law No District 1 During the first City Council meeting following the certification of election results after any general municipal City election at which Council members are elected and during the first City Council meeting in December of every odd year beginning in 2017, the City Council shall meet and designate its presiding officer who shall have the title of Mayor. The Council member who served as Mayor Pro Tempore in accordance with Section 2.08.030 immediately prior to this meeting shall be designated as Mayor. The Mayor shall serve a term of one year. The Mayor shall serve in this capacity at the pleasure of the City Council.

B. Should the person who was selected as Mayor Pro Tempore in accordance with Section 2.08.030 no longer be a Council member at the time of the above-referenced meeting, the remaining Council members shall select one of their number as Mayor by a majority vote. (Prior code § 2-2-1)

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Alameda 81,312 Charter Yes At-Large Notwithstanding any other provision of this Charter to the contrary, the matters contained in this Section shall be controlling as to the office of the Mayor.

Commencing April 20, 1971, and thereafter, the Mayor shall be an elective officer of the City, and shall hold office for a term of four years and until his or her successor is elected or appointed and qualified, unless sooner removed from office pursuant to Article XX of this Charter or otherwise. The method of nomination and election of the Mayor shall be as provided in this Charter for the nomination and election of other elective officers of the City. The office of Mayor shall be a separate office and be arranged on a ballot in a separate column and shall be first in order of arrangement. Eligibility for office of Mayor shall consist of the qualifications set forth in this Charter for other elective officers. The provisions of this Charter which provide for the manner of selecting a candidate to fill office in the event of a tie vote shall apply to the office of Mayor. A vacancy in the office of Mayor shall be filled in the manner set forth in Section 2-7 of this Charter.

San Ramon 83,118 Charter Yes District It is comprised of four Councilmembers elected by districts who serve four-year overlapping terms and an elected Mayor who serves for a two-year term. The Mayor shall be elected by plurality at an election to be held every two years. The term of the Mayor elected in 2013 shall be lengthened by one year to accommodate changing the date of the general municipal election from odd-numbered to even- numbered years. No elected Mayor shall serve for more than four two year terms except that a cumulative total of nine years may be served if one of those terms was lengthened as the result of change the date of the general municipal election. Duties of the elected Mayor shall remain the same as the duties of the Mayor as of January 1, 2001.

Alhambra 86,792 Charter No District The Alhambra City Council is elected by Alhambra citizens to guide the policy affairs of the community, and are elected at large for a four-year term from five geographic districts. Municipal elections are held in November every two (even-numbered) years, under a rotational system adopted in 1984. Each Council Member serves as mayor for a nine-month period. The City Council appoints the City Manager, City Attorney and City Commission Members.

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Redondo Beach 66,994 Charter Yes At-Large The Mayor is elected at large and one Council Member is elected from each of the five City districts. The Council District Map show each of the Districts. No person shall serve more than two full terms as Councilman from any combination of districts, or Mayor. If a person serves a partial term in excess of two years, it shall be considered a full term for the purpose of this provision. Previous and current terms of office shall be counted for the purpose of applying this provision to future elections although all persons presently in office shall be permitted to complete their present terms.

Whittier 86,801 Charter Yes At-Large In April 2016, two City Council members were elected by district to four-year terms in Districts 1 and 3, and the Mayor was elected citywide for a two-year term. In April 2018, two City Council members were elected by district to four-year terms in Districts 2 and 4, along with the Mayor for a two-year term
San Rafael 59,807 Charter Yes At-Large Previously, all five Councilmembers, including the Mayor, were elected at-large, meaning that all registered voters who reside in San Rafael had the opportunity to vote for all five City Council positions. Under the new district-based election system, four Councilmembers will be elected by district: Councilmembers will be required to live in the district they represent and will be elected only by the registered voters of that district. The Mayor will continue to be elected at-large.

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Merced 88,120 Charter Yes At-Large A.The City Council shall consist of a Mayor elected from the City at large and six City Council Members elected by single-member district election at the times and in the manner provided in this Charter.B.The Mayor shall serve a term of four (4) years and until his/her successor is elected and qualified. The Mayor shall be limited to no more than two terms. For purposes of this subsection, a "term" shall be defined to include serving fifty percent plus one day of a term as Mayor, while service as Mayor for fifty percent or less of a term shall not constitute a term for purposes of term limits.C.Individual City Council Members shall serve a term of four (4) years and until his/her successor is elected and qualified. Individual City Council Members shall be limited to no more than two, four-year terms. For purposes of this subsection, a "term" shall be defined to include serving fifty-percent plus one day of a term as a City Council Member, while service as a City Council Member for fifty percent or less of a term shall not constitute a term for purposes of term limits.D.Once the Mayor or an individual City Council Member has served the two term maximum in that respective office, he/she shall be ineligible to be elected or appointed to that office again.E.District boundaries shall be drawn by ordinance.

Napa 79,278 Charter Yes At-Large The Napa City Council consists of five members, including one Mayor and four Councilmembers. The Mayor and each Councilmember are elected to four-year terms. The Vice Mayor is appointed annually by the Mayor and City Council pursuant to City Charter (Section 59A). On November 3, 2020, the City of Napa held its first district-based election for Councilmembers and an at-large Mayor. The offices of Councilmember in Districts 2 and 4 were on the ballot for consideration by the voters on November 3, 2020. In 2022, the offices of Councilmember in Districts 1 and 3 will be on the ballot for consideration.

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Mayoral
Term in
Years
Method Used (Mayor Selection)
Buena Park 81,998 Charter No District Citizens elect a five member City Council on a nonpartisan basis for staggered four- year terms. Municipal elections are held on the first Tuesday in November on even numbered years. Because Council terms overlap, three positions are open at one election and two positions are open at the next election two years later. Members elected to serve on the Council must be registered voters and City residents.

Annually, the City Council elects one of its members to serve as Mayor and another to serve as Mayor Pro Tempore. No person shall serve more than three consecutive terms of office as a city council member; provided, however, that such person shall be eligible to hold such office after a break in service of one full calendar year. For purposes of this section, a remaining term shall be counted as a term of office but an unexpired term shall not be so counted. (Ord. 1330 § 1, 1996)
Newport Beach 85,780 Charter No District Every even-numbered year, either three or four members residing in separate council districts are elected by the entire community. Annually, the Council chooses one of its members as Mayor and one as Mayor Pro Tem. The Mayor is the presiding officer of the City Council. Notwithstanding the provisions of Section 400, no person shall be or remain eligible to hold office as a member of the City Council for more than two (2) consecutive four (4) year terms. Members of the City Council who have served one or more terms prior to their current term shall be entitled to complete such term, but shall not be eligible for re-election except as provided below.

Members of the City Council who are serving their first term as of the effective date of this amendment shall be eligible to hold office during a second four year term when the current term expires.

Folsom 81,610 Charter No At-Large The Folsom Charter establishes the Folsom City Council as five members elected at large by the voters of the City. The terms of councilmembers are four years and begin the second Monday in December following their election. Terms are staggered, with three councilmembers being elected at one election and two councilmembers being elected at the next election. The City Council selects a mayor and vice mayor each year. A proposition to impose term limits was on the ballot for Folsom voters in Sacramento County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of limiting the Folsom City Council members to serving a maximum of four consecutive terms.

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City Total Population
1/1/2020
Type of City Elected
Mayor?
At-Large or By-
District?
Mayoral
Term in
Years
Method Used (Mayor Selection)
Redwood City 86,754 Charter No District The City Council consists of seven members and is the governing body elected directly by the residents of Redwood City. As the legislative branch of our local government, the Council makes final decisions on all major city matters and sets city-wide priorities and policies. Pursuant to Section 14 of the City Charter, the City Council shall select one of its members to serve as Mayor and one member to serve as Vice Mayor each for a two-year term. The selection shall occur at the first Council meeting in December of odd years beginning in 2019. The selections shall be listed jointly on the Council agenda. The City Council believes experience as a member of the Council will assist those who are selected to serve as Mayor and Vice Mayor and that it is in the City's best interest that selections to these two (2) positions be made in a manner that permits the Mayor and Vice Mayor to gain the experience through at a minimum of 1 year of service on the City Council. No person shall be eligible to hold office as a Councilmember for more than four consecutive terms of office.

Gilroy 57,084 Charter Yes At-Large The Council shall consist of seven (7) members, including a Mayor and six (6) Councilmen, each of whom shall have the right to vote on all questions coming before the Council. The Mayor and Councilmen shall be elected at the General Municipal Election from the City at large. Except as otherwise provided in this Section, the Mayor and the members of the City Council shall hold office for a term of four (4) years from and after the first regular meeting following the certification of the City Council election by the duly authorized election official and continuing until their respective successors qualify. The Mayor and the members of the City Council hold office for four (4) year terms with no term limits.

Mountain View 82,272 Charter No At-Large The seven Councilmembers are elected at large for four-year terms that are staggered so that three or four Council seats are filled at the general municipal election in November of every even-numbered year. Service on Council is limited to two consecutive full terms. In January of each year, Council elects one of its members as Mayor and another as Vice Mayor.

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City Total Population
1/1/2020
Type of City Elected
Mayor?
At-Large or By-
District?
Mayoral
Term in
Years
Method Used (Mayor Selection)
Palo Alto 69,226 Charter No At-Large The City Council consists of seven members and it is the governing body elected directly by the electorate of Palo Alto. Every year, the City Council Members vote and select a Mayor. The council shall elect one of its members as mayor and one as vice-mayor at the first regular council meeting in January each year. The election of mayor and vice-mayor shall be by a vote of a majority of the members of the council. The mayor shall be seated and assume the duties of presiding officer immediately following the election of mayor and before the election of the vice-mayor. No person shall be eligible to serve
consecutively in more than two full terms of office as a member of the council.

Any partial term of office longer than two years shall be deemed a full term.

Santa Cruz 64,424 Charter No At-Large The City Council is composed of six Councilmembers and a Mayor. They are elected at large by city voters and are directly responsible to the people. General municipal elections take place on the first Tuesday after the first Monday in November in even- numbered years. Four Councilmembers are elected at one municipal election, and three Councilmembers at the next.

The term of office for a Councilmember is four years and a Councilmember may serve a maximum of two consecutive terms. If a Councilmember does not finish his/her term, the Council can either appoint a registered qualified voter to fill the vacancy until the next general municipal election or call a special election. If a special election is called, the person selected will serve the remainder of the unexpired term.

Each year, the Council elects one of its members to serve as Mayor for a one- year term. The Mayor presides at all Council Meetings and is recognized as the head of the city government for all ceremonial purposes.

Petaluma 61,873 Charter Yes At-Large The Petaluma City Council consists of six Council Members and the Mayor. The Council Members are elected at large for a four-year term. Three Council Members are elected at the November General Municipal election in even-numbered years. This means that at least three Council Members are up for election every two years. The Mayor is directly elected to a four-year term during the General Municipal election in November. The mayor shall hold office for a term of four years from and after the first regular meeting of the city council in January, after his or her election and until his or her successor is elected and qualified.

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City Total Population
1/1/2020
Type of City Elected
Mayor?
At-Large or By-
District?
Mayoral
Term in
Years
Method Used (Mayor Selection)
Porterville 59,655 Charter No District On May 15, 2018, the City Council adopted Ordinance No. 1845, an ordinance establishing by-district elections in five single-member districts in the City, and adopting the map describing the boundaries and identifying number of the five City Council districts in the City. Existing Council Members will serve as at-large council members until the end of their current terms. At the end of their terms, the council members can run for re-election by district if they live in a district up for election at that time. Members of the City Council were elected in Districts 1 and 2 in November 2018, and will be every four years thereafter. Members of the City Council shall be elected in Districts 3, 4, and 5 beginning in November 2020, and every four years thereafter. The council shall reorganize at its next meeting following each municipal election and shall choose one of their number to serve as president of the council to be known as mayor. At this time the council shall also choose one of their number to serve as vice-president, and he/she shall act as mayor pro tempore in case of the absence, sickness or other disability of the mayor. The mayor and mayor pro tempore shall serve a two year term, but either may be removed at any time by a majority vote of the council. If the council removes the mayor prior to the expiration of his/her term pursuant to this provision, the council shall choose one of their number to serve as mayor until the next organizational meeting.

Tulare 67,834 Charter No District The City Council consists of five members, elected by district, but representing the City’s interests as a whole. City Council Members in Districts 1, 3 and 5 were elected beginning in November 2016, and Council Members in Districts 2 & 4 were elected beginning in November 2014 after the City adopted districts. City Council Members serve four-year terms. The Mayor and Vice Mayor are selected by the Council and serve two-year terms. The Mayor is the presiding officer of the Council, and the official spokesperson and ceremonial representative of the City. The members of the council shall be elected by the qualified voters of the city at a general municipal election.... They shall hold the office for the period of four years from and after the day of their election until successors are elected.

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City Total Population
1/1/2020
Type of City Elected
Mayor?
At-Large or By-
District?
Mayoral
Term in
Years
Method Used (Mayor Selection)
Davis 69,183 Charter Yes District Beginning with the November 3, 2020 election, City Council members will be elected by district. During fall 2019, the City of Davis completed a process to transition from at- large elections to by-district elections. This means that voters will vote only in their district of residence for one candidate. At the council meeting at which or immediately following the date on which new councilmembers take office, the city council shall designate its presiding officer, who shall have the title of mayor. The councilmember who served as mayor pro tempore immediately prior to this meeting shall be designated as mayor.
(a) Members of the city council shall be elected “by district” as defined in California Government Code Section 34871. A person shall not be eligible to be elected to be a member of the city council unless he or she is otherwise qualified as required by law, resides in the geographical area making up the district from which he or she is nominated to be elected and is a registered voter of the City of Davis at the time nomination papers are issued to the candidate as provided in Section 10227 of the California Elections Code.
(b) Registered voters signing nomination papers or voting for a member of the city council shall be residents of the geographical area making up the district from which the member is to be elected.
(c) The terms of the office of each member elected to the city council shall be four years.

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COUNTY OF SAN BERNARDINO

POLICY MANUAL

No. 02-02 ISSUE 1

PAGE 1 OF 1

By EFFECTIVE 12/7/70

SUBJECT

SELECTION OF THE CHAIRMAN OF THE BOARD OF

SUPERVISORS

APPROVED

DENNIS HANSBERGER

CHAIRMAN, BOARD OF SUPERVISORS

POLICY STATEMENT

The policy of the Board of Supervisors of San Bernardino County is to rotate the office of Chairman every two years and no chairman shall serve for two such terms in succession.

POLICY AMPLIFICATION

To serve as Chairman of the Board of Supervisors is not only a distinct honor and privilege but also an opportunity for a member of the Board to learn more about the overall operation of County government. It is, therefore, the intention of this policy to give each member of the Board the opportunity to serve as chairman.

The selection of nominees for the position of Chairman shall be on the basis of seniority of members who have not served as Chairman, provided that nominees have served as members of the Board for a minimum of two years prior to their nomination. A member of the Board may refuse to serve as Chairman, in which case the nomination shall go to the next so-qualified member.

ADOPTED: February 14, 1961
AMENDED: December 7, 1970

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City Council/Successor Agency Meeting K. 1.

DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Public Hearing-Ordinance No. 2948 amending Chapter 15.20 of the Redlands Municipal Code for the adoption of the 2022 California Fire Code (Fire Chief Sessler)
(Mayor to declare meeting open as a public hearing)
Public Hearing to consider Ordinance 2948 amending
Chapter 15.20 of the Redlands Municipal Code and adopting the 2022 Edition of the California Fire Code, which
incorporates by reference the 2021 International Code, with necessary California amendments.
a.

PROCEDURE FOR PUBLIC HEARING:

Mayor declares the meeting open as a public hearing.1.

Mayor calls upon Department Director for report.2.

Mayor calls for questions/comments from members of the City Council.3.

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

4. Mayor calls upon City Clerk to note any written comments received.5.

Mayor closes the public hearing.6.

City Council considers the motion and votes.7.

MOTION(S):

I move to adopt Ordinance No. 2948.

RECOMMENDATION:

Staff recommends adoption of Ordinance No. 2948 amending Chapter 15.20 of the Redlands Municipal Code and adopting the 2022 Edition of the California Fire Code, which incorporates by reference the 2021 International Fire Code, with necessary California amendments in order to continue to provide and Redlands Regular Meeting of 12/06/2022
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maintain fire and life safety requirements consistent with the ordinances previously in place within the city.

DISCUSSION:

On January 1, 2023, the State of California Building Standards Commission (CBSC) will adopt the 2021 Edition of the International Fire Code whereby creating the 2022 Edition of the California Code.

Adoption of the 2022 California Fire Code and the 2021 International Fire Code will continue to provide regulation and requirements that pertain specifically to the climatic, topographical, and geological conditions for the City of Redlands.

These requirements are needed in order to continue to provide and maintain fire and life safety requirements consistent with ordinances previously in place within the city.

ALTERNATIVES:

Not approve Ordinance No. 2948.

STRATEGIC PLAN:

Priority B - Public Health & 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
Christopher Boatman, Assistance City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: N
Appropriation Required Y/N: N
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Discussion:

There is no fiscal impact with the adoption of Ordinance No. 2948 and the 2022 California Fire Code.

Attachments
Ordinance 2948
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1 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx ORDINANCE NO. 2948

AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 15.20

OF THE REDLANDS MUNICIPAL CODE AND ADOPT ING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9) WITH NECES SARY LOCAL

AMENDMENTS

WHEREAS, Health and Safety Code Section 17958 and Government Code Section 50022 empower the City to adopt by reference the California Building Standards Code, including the California Fire Code; and

WHEREAS, Health and Safety Code Section 17958.5 authorizes the City to make amendments to the California Fire Code on the basis of local climatic, geological or topographical conditions; and

WHEREAS, Health and Safety Code Section 17958.7 requires that before making any modifications or changes pursuant to Health and Safety Code Section 17958.5, the City Council of the City shall make an express finding of local necessity that such modifications or changes are needed; and

WHEREAS, the City Council of the City of R edlands (“City Council”) is infor med and finds that these climatic, geological and topographical conditions include, but are not limited to, the following conditions;

1. The City receives relatively low amounts of precipitation, and experiences very low relative humidity levels and extremely high temperatures. These climatic conditions are conductive to the spread of fire. For example, the following data was taken from the recorded temperatures and measured rainfall at the San Bernardino County Flood Control District Office, located at 825 East 3rd Street, San Bernardino:
2019: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 18.00 inches, with no rain measured in the months of June, July, August, and October.

2020: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 2.72 inches, with no rain measured in the months of April, May, June, August, September, and October.

2021: Maximum temperature greater than 100F recorded during the months of July, August, and September. Total recorded annual rainfall of 9.81 inches, with no rain measured in the months of May and November.

2. The City is subject to extremely strong winds, commonly referred to as “Santa Ana Winds,” which can reach speeds of more than 40 miles per hour. Extensive damage Redlands Regular Meeting of 12/06/2022
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2 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx often occurs during such winds including downed trees, power lines, utility p oles and utility service lines. These adverse conditions cause:

A. Fires.

B. Impairment of emergency apparatus access.

C. Delays in response times of emergency apparatus; and D. The depletion of apparatus readily available for fire suppression activities.

Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local ne cessity are made to sections: 505.1.1 Rooftop Addresses; 903.2.8, 903.2.18 fire sprinklers; 4906.1.1 Vegetation Management; 4907.4, 4907.4.1, 4907.4.1.1, 4907.4.1.2, 4907.4.1.3, 4907.4.1.4, 4907.4.1.5, 4907.4.1.6, 4907.4.1.7, 4907.4.1.8, 4907.4.1.9, 4907.4 .2, 4907.4.2.1, 4907.4.2.2, 4907.4.2.3, 4907.4.2.4, 4907.4.2.5, 4907.4.3, 4907.4.3.1, 4907.4.3.2, 4907.4.3.3, 4907.4.3.4, 4907.4.3.5 Defensible Space; Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

3. Within the City there are four earthquake faults:

A. Redlands Heights
B. Banning
C. Crafton
D. The Redlands Fault

Numerous other faults lie in close proxi mity, including the San Andreas Fault. In the event of a severe earthquake, these faults present the potential for catastrophic damage, including extensive damage to buildings, fire damage to major infrastructure including water and sewer distribution lines, roadways, bridges across a major storm drain and railroad right-of-way, and other impairments to the mov ement of emergency apparatus.

Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are made to sections: 505.1.1 Rooftop Addresses; 903.2.8, 903.2.18 fire sprinklers; 4906.1.1 Vegetation Management; 4907.4, 4907.4.1, 4907.4.1.1, 4907.4.1.2, 4907.4.1.3, 4907.4.1.4, 4907.4.1.5, 4907.4.1.6, 4907.4.1.7, 4907.4.1.8, 4907.4.1.9, 4907.4.2, 4907.4.2.1, 4907.4.2.2, 4907.4.2.3, 4907.4.2.4, 4907.4.2.5, 4907.4.3, 4907.4.3.1, 4907.4.3.2, 4907.4.3.3, 4907.4.3.4, 4907.4.3.5 Defensible Space; Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

4. Within the City development has occurred, and continues to occur, which has resulted in severe traffic congestion during peak hours, weekends and holidays, particularly on the following streets and highways: Citrus Avenue, Cajon Street, Orange Street, Lugonia Avenue, Colton Avenue, Tennessee Street, San Ti moteo Canyon, Interstate 10 Freeway, and Alabama Street; thus decreasing response time. This development includes high-rise structures, in stitutional, commercial, Redlands Regular Meeting of 12/06/2022
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3 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx industrial and residential structures. Development has occurred within the portion of the City known as Sunset Hills, where roadways have been built in areas of severe topographical conditions including street and driveway grades in excess of 12%. Such traffic congestion and severe roadway conditions extend the time for e mergency vehicles to reach the scene of fires and other emergencies.

Specific amendments to the California Fire Code contained in this Ordinance pursuant to this express finding of local necessity are made to sections: 505.1.1 Rooftop Addresses; 903.2.8, 903.2.18 fire sprinklers; 4906.1.1 Vegetation Management; 4907.4, 4907.4.1, 4907.4.1.1, 4907.4.1.2, 4907.4.1.3, 4907.4.1.4, 4907.4.1.5, 4907.4.1.6, 4907.4.1.7, 4907.4.1.8, 4907.4.1.9, 4 907.4.2, 4907.4.2.1, 4907.4.2.2, 4907.4.2.3, 4907.4.2.4, 4907.4.2.5, 4907.4.3, 4907.4.3.1, 4907.4.3.2, 4907.4.3.3, 4907.4.3.4, 4907.4.3.5 Defensible Space; Appendix O Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses.

WHEREAS, this City Council is informed and finds that because the City is subject to the above referenced climatic, geological and topographical conditions, that amendments to the California Fire Code, 2022 Edition, are necessary to pr otect life and property, a nd that such amendments address the following issues: (1) high f ire hazard areas; (2) w ater supplies; (3) fire extinguishing systems and sprinkler systems, and (4) the storage, handling and use of flammable and combustible liquids and hazardous materials; and

WHEREAS, this City Council does hereby determine that the modifications to the 2022 California Fire Code, as outlined in this Ordinance, are necessary due to local climatic , geographical and topographical conditions;

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

Section 1. Chapter 15.20 of the Redlands Municipal Code, titled, “Fire Code,” is hereby deleted in its entirety and rewritten to read as follows:
“Chapter 15.20

FIRE CODE

15.20.010: FINDINGS AND ADOPTION OF THE CALIFORNIA FIRE CODE:

15.20.020: DEFINITIONS:

15.20.030: ESTABLISHMENT OF LIMITS REQUIRED BY THE CALIFORNIA FIRE CODE:

15.20.040: TITLE:

15.20.050: DEPARTMENT OF FIRE PREVENTION:

15.20.060: LIABILITY:

15.20.070: FIRE INVESTIGATIONS:

15.20.080: ANNUAL PERMIT:

15.20.090: PERMIT FEES:

15.20. 100: FEES NOT REFUNDABLE:

15.20. 110: REQUIRED OPERATIONAL PERMITS:

15.20. 120: INSPECTION FEES:

15.20. 130: ELECTRONIC RECORD KEEPING
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15.20.140: BOARD OF APPEALS

15.20.150: VIOLATION PENALTIES

15.20. 160: ABATEMENT OF VIOLATION:

15.20.170: FAILURE TO COMPLY:

15.20.180: RELIGIOUS CEREMONIES:

15.20.190: SURFACE AND TURNING RADIUS:

15.20.200: GRADE:

15.20.210: OBSTRUCTION OF FIRE APPARATUS ACCESS ROADS:

15.20.220: PREMISES IDENTIFICATION:

15.20.230: ROOFTOP ADDRESSES
:

15.20.240: FIRE HYDRANTS AND MAINS:

15.20.250: PRIVATE FIRE HYDRANT IDENTIFICATION

15.20.260: PRIVATE FIRE HYDRANT MARKERS

15.20.270: ACCESS TO EQUIPMENT:

15.20.280: SMOKE OR FOG EMITTING SYSTEMS

15.20.290: GROUP -A-1:

15.20.300: GROUP A-2:

15.20.310: GROUP A-3:

15.20.320: GROUP A-4:

15.20.330: GROUP A-5:

15.20.340: GROUP B:

15.20.350: GROUP E:

15.20.360: GROUP F

15.20.370: GROUP M

15.20.380: GROUP R

15.20.390: GROUP S

15.20.400: REPAIR GARAGES

15.20.410: BULK STORAGE OF TIRES

15.20.420: SECTION 903.2.9 AMENDED

15.20.430: STORIES WITHOUT OPENINGS

15.20.440: SECTION 903.2.11.3 AMENDED

15.20.450: GROUT U OCCUPANCY

15.20.460: NFPA13D SPRINKLER SYSTEMS

15.20.470: WATER SUPPLY FOR AREAS WITHOUT CITY WATER SERVICE5.20.480:

AREA INCREASE AND RECONSTRUCTION

15.20.490: CHANGE IN USE

15.20.500: ADAPTIVE REUSE

15.20.510: SECTION 905.4 AMENDED

15.20.520: : SMOKE AND HEAT VENTS, MECHANICAL SMOKE EXHAUST SYSTEMS

AND DRAFT CURTAINS

15.20.530: SPRINKLER BUILDINGS

15.20.540: SECTION 914.12 ADDED

15.20.550: : EMERGENCY RESPONDER RADIO COVERAGE IN EXISTING BUILDINGS Redlands Regular Meeting of 12/06/2022
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5 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx

15.20.560: :FIREWORKS

15.20.570: MINOR CHARGE15.20.580: PROPERTY

15.20.590: RESPONSE COSTS

15.20.600: RESPONSIBLE GUARDIAN

15.20.610: PROHIBITION

15.20.620: APPLICATION OF STATE LAW

15.20.630: LIABILITY FOR RESPONSE COSTS

15.20.640: WILDLANDS-URBAN INTERFACE FIRE AREA

15.20.650: VEGETATION MANAGEMENT

15.20.660: DEFENSIBLE SPACE

15.20.670: FIRE PROTECTION PLAN

15.20.680: APPENDIX B

15.20.690: APPENDIX BB

15.20.700: APPENDIX C

15.20.710: APPENDIX CC

15.20.720: APPENDIX D

15.20.730: APPENDIX O

15.20.740: VIOLATION PENALTY

15.20.010: FINDINGS AND ADOPTION OF THE CALIFORNIA FIRE CODE:

A. Findings: The City Council of the City of Redlands hereby finds and determines:

1. That the International Code Council is a private organization which has been in existence for a period of at least three (3) years.

2. That the International Fire Code, 2021 edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

3. That the international fire code has been printed and published as a code in book form within the meaning of section 50022.2 et seq., of the California Government Code.

4. That the California fire code, also known as the California code of regulations, title 24, part 9, a portion of the "California building standards code" as defined in the "California building standards law" commencing with section 18901 of the Health And Safety Code, is assigned to the California building standards commission, which by law is responsible for approving all building standards within the state of California. The 2022 edition of the California fire code incorporates by reference the 2021 edition of the international fire code, with necessary California amendments.

5. That a copy of the 2022 California fire code, certified by the city clerk of the city of Redlands to be a true copy, has been filed for use and examination by the public in the fire prevention office of the Redlands fire department and the office of the city clerk.

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6 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx

6. The sections of said Californi a fire code may be referred to by the number used in said published compilation, preceded by the words "California fire code section" or "fire code section", and may also be referred to by additional reference to this municipal code and sections therein pertaining to said California fire code.

7. That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents and workers within the city of Redlands. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions, and comply with existing state laws and regulations.

8. The city council finds and determines that the local variances from the California fire code - building standards, California code of regulations, title 24, part 9, contained in the city fire code, are reasonably necessary because of local climatic, topogr aphic and geographical considerations.

B. Adoption Of The California Fire Code: The city council of the city of Redlands hereby adopts by reference, the 2022 California fire code, and appendices B, BB, C, CC, and D, including fees and penalties, as compiled and adopted by the California building standards commission; along with certain amendments, additions, deletions and exceptions based upon the city council's findings that the same are necessary based upon local climatic, geologic and topographical con ditions. The provisions of the California fire code, California fire code appendix chapters, and the California fire code appendices shall be applicable in all areas within the city of Redlands. The city council of the city of Redlands hereby adopts and am ends the 2022 edition of the California fire code, as compiled and published by the California building standards commission.

15.20.020: DEFINITIONS:

A. Wherever the word "jurisdiction" is used in the fire code, it shall mean the city of Redlands.

B. Wherever the term "corporation counsel" is used in the fire code, it shall mean the city attorney for the city of Redlands.

C. Wherever the term "fire chief" is used in the fire code, it shall mean the fire chief of the city of Redlands, or his or her authorized representative.

D. Wherever the term "fire department" is used in the fire code, it shall mean the fire department of the city of Redlands.

E. An employee of the city of Redlands fire department, when enforcing the California fire code, this municipal code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "peace officer" as those words are used in section 830.31 of the California Penal Code.

F. Whenever the term "fire marsh al" is used in the fire code, it shall mean the supervisor of the fire prevention bureau and shall serve as the fire code official under the direction of the fire chief, or the fire chief's authorized representative. The community risk reduction division o f Redlands Regular Meeting of 12/06/2022
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7 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx the fire department shall be responsible for fire prevention department duties within the city of Redlands.

15.20.030: ESTABLISHMENT OF LIMITS REQUIRED BY THE CALIFORNIA FIRE CODE:

A. Storage of Flammable Cryogenic Fluids: Pursuant to section 5504.1 of the California fire code, flammable cryogenic fluids shall not be permitted to be stored, dispensed, or used unless, in the opinion of the fire code official, such storage will not create an unacce ptable threat to the occupants and property owners.

B. Storage of Explosives and Blasting Agents: Pursuant to section 5601.1 of the California fire code, the storage of explosives and blasting agents is prohibited in all areas unless authorized by the fire code official.

C. Storage Of Class I And II Liquids: Pursuant to sections 5704.1 and 5706.1 of the California fire code, the storage of class I and class II liquids in outside aboveground unprotected tanks is prohibited in all areas of the city unless the fire code official determines, with specific documented findings, that such an installation will not create a hazard to life or property in the area.

D. Storage Of Liquefied Petroleum Gases: Pursuant to section 6101.3 of the California fire code, the aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed two thousand (2,000) water gallons (7571 liters) in commercial, residential and other areas where, in the opinion of the fire code official, the location of bulk storage of liquefied petroleum gases would create a threat to life and property.

15.20.040: TITLE:

Section 101.1 of chapter 1, division II of the California fire code is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the fire code of the city of Redlands, hereinafter referred to for purposes of this chapter 15.20 as "this code."

15.20.050: DEPARTMENT OF FIRE PREVENTION:

Section 103.2 of chapter 1, division II of the California fire code is hereby deleted.

15.20.060: LIABILITY:

Section 104.13 of chapter 1, division II of the California fire code is hereby added to read as follows:

104.13.1 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code sections 13009 and 13009.1. Any person who negligently or intentionally, or in violation of law, causes an Redlands Regular Meeting of 12/06/2022
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8 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health And Safety Code section 13009 et seq. and Gove rnment Code section 53150 et seq. Any expense incurred by the city for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the city in the same manner as in the case of an obligation under contract, expressed or implied.

A false fire alarm response fee may be imposed and paid after two (2) false fire alarms have been received from any one residential or commercial source, or from any one alarm system, within any consecutive three hundred sixty five (365) day period. The false alarm response fee shall be established by resolution of the city council.

104.13.2 Expense for Securing an Emergency. The expense of securing any emergency or hazard which is the result of a violation of this code or any other code , ordinance or state law, or any damages caused by malicious mischief requiring any corrective or preventive actions conducted by the city may be a charge against the persons or entity whose such emergency or action may constitute a debt of such persons or entity as provided below.

1. The fire chief , or duly authorized repre sentative, may impose the reasonable cost of fire prevention, fire suppression, and protection of the public from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:

A. Manufacture, transportation, storage, handling, or spilling of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents;

B. Failure to correct a hazardous condition for which a "notice of violation," or equivalent notice, has been previously given by the chief, or duly authorized representative;

C. Use of welding equipment, cutting torch, tar pot, or other open flame device;

D. Permitting or causing the accumulation of hazardous or flammable materials;

E. Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation;

F. Creating, allowing, or maintaining a fire hazard.

15.20.070: FIRE INVESTIGATIONS:

Section 104.11 of chapter 1, division II of the California fire code is hereby amended to read as follows:

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9 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx 104.11 Fire Investigations. The fire code official and the fire department shall investigate the cause, origin and circumstances of any fire, explosion and other hazardous condition.

Information that could be related to trade secrets or processes shall not be ma de part of the public record except as required by law.

The fire chief or duly authorized representative, is authorized to investigate the cause, origin and circumstances of unauthorized releases of hazardous materials. The Redlands police department and allied law enforcement agencies are authorized to assist the fire department in its investigations when requested to do so.

15.20.080: ANNUAL PERMIT:

Section 105.1.6 of chapter 1, division II of the California fire code is hereby deleted.

15.20.090: PERMIT FEES:

Section 105.2.5 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.2.5 Permit Fees. Permit fees as established by city council resolution shall be collected by the finance department. Proof of receipt shall accompany all applications for permit prior to any inspection and approval by the city.

15.20.100: FEES NONREFUNDABLE:

Section 105.2.6 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.2.6 Fees Not Refundable. Permit fees shall not be refundable for any reason after initiation of plan review or inspection procedures.

15.20.110: REQUIRED OPERATIONAL PERMITS:

Section 105.5.50 of chapter 1, division II of the California fire code is hereby added to read as follows:

105.5.55 Fixed Kitchen Hood and Duct Extinguishing System. An operational permit is required to utilize commercial cooking appliances, as defined in Section 602, with a fixed hood and duct fire extinguishing system

105.5.56 – Temporary Haunted Houses, Ghost Walks, and Similar Amusement uses. An operational permit is required in accordance with Appendix O for temporary haunted houses, ghost walks, and similar amusement uses.

15.20.120: INSPECTION FEES:

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10 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section 107.7 of chapter 1, division II of the California fire code is hereby added to read as follows:

107.7 Inspection Fees. The fire code official is authorized to impose and collect appropriate fees for inspections established by resolution of the city council.

15.20.130: ELECTRONIC RECORD KEEPING

Section 109.3.1 of chapter 1, division II of California Fire Code is hereby added to read as follows:

109.3.1. Electronic Record Keeping. The Fire Code Official is authorized to require electronic format submittals for fire protection systems maintenance records.

15.20.140: BOARD OF APPEALS:

Section 111 of chapter 1, division II of the California fire code is hereby amended to read as follows:

111.1 Board of Appeals. The city planning commission shall serve as the board of appeals.

The chief building official, director of development services and the fire chief of the city, or their respective designees, shall serve in an advisory capacity when requested to do so.

Board members shall disqualify themselv es and shall not participate in any decision in which they have a conflict of interest.

15.20.150: VIOLATION PENALTIES:

Section 112.4 of chapter 1, division II of the California fire code is hereby amended to read as follows:

112.4.1 Administrative Citation Process Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requi rements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdeme anor, punishable by a fine of one thousand dollars ($1,000.00) a day or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The city may also prosecute or enforce violations of this chapter as a criminal offense in accordance with this section.

15.20.160: ABATEMENT OF VIOLATION:

Section .112.4of chapter 1, division II of the California fire code is hereby amended to read as follows:

112.4.1 Abatement of Violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute an appropriate action to prevent Redlands Regular Meeting of 12/06/2022
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11 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. The expense of such action may be made a lien upon the property upon which such condition exists.

15.20.170: FAILURE TO COMPLY:

Section 113.4 of chapter 1, division II of the California fire code is hereby amended to read as follows:

113.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties pursuant to section 112.4.

15.20.180: RELIGIOUS CEREMONIES:

Section 308.1.7 of the California fire code is hereby amended to read as follows:

308.1.7 Religious or Other Assembly Ceremonies. Candles held in persons' hands (or on a non-stable device) are especially dangerous and shall not be permitted. Battery operated simulated candles are available and may be used. No permit is required for battery-operated candles or other electric candles.

15.20.190: SURFACE AND TURNING RADIUS:

Section 503.2.3 of the California fire code is hereby amended to read as follows:

503.2.3 Surface §503.2.3 Fire apparatus access roads for purposes of rapid and reliable fire apparatus access shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds. Fi re apparatus access roads shall be surfaced with an approved concrete or asphalt covering so as to provide all -weather driving capabilities. Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfac ing. Where rural road grades do not exceed 8%, the fire code official may approve access roads of approved native materials or gravel when compacted to ninety-five percent (95%).

TURNING RADIUS

Section 503.2.4 of the California fire code is hereby amended to read as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be an inner radius of twenty (20) feet and outer radius of forty (40) feet.

15.20.200: GRADE:

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12 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section 503.2.7 of the California fire code is hereby amended to read as follows:

503.2.7 Grade. The grade of the fire apparatus access road shall be a maximum of twelve percent (12%), unless otherwise approved by the fire code official for short distances when appropriate mitigation measures are utilized.

15.20.210: OBSTRUCTION OF FIRE APPARATUS ACCESS ROADS:

Section 503.4 of the California fire code is hereby amended to read as follows:

503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 shall be maintained at all times. Any obstruction or impedance to reasonable access may be re moved at the order of the fire code official or the fire department, with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.

15.20.220: PREMISES IDENTIFICATION:

Section 505.1 of the California fire code is hereby amended to read as follows:

505.1 Premises Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be affixed on a structure in a location with a clear, unobstructed view from the street. All numbers shall be electrically illuminated during the hours of darkness.

Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch for single-family residences.

All multi-family, multi-retail and multi-commercial occupancies shall:

Have a minimum of 6 inch high numbers, with a minimum one inch (1") stroke.

Identify individual units with numbers a minimum of four (4) inches, affixed to the unit's front door entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame.

All light and heavy industrial occupancies shall have a minimum of ten (10) inch high numbers, with a minimum one-and-one-half inch (11/2") stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of ten (10) inch high numbers, with a one-and-one-half inch (11/2") stroke.

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13 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Buildings with a total floor area of 100,000 square feet (9290 m 2) or greater shall have minimum 12 inch (305 mm) high numbers, with a minimum stroke width of 11/2 inches (38 mm).

All buildings with two (2) or more units shall identify utility meters according to the unit being serviced.

Buildings set -back from the street by 200' or more, shall have additional address number of a minimum of 4" located at the property entrance.

15.20.230: ROOFTOP ADDRESSES

Section 505.1.1 of the California fire code is hereby added to read as follows:

505.1.1 Rooftop Addressing. Buildings exceeding a total square footage of 50,000 square feet shall have rooftop numbers placed parallel to the addressed street for purposes of being visible from the air. The numbers shall be block lettered and shall be a minimum of four (4) feet in height and eighteen (18) inches in width. When more than one street address is assigned to a building, the beginning and ending address numbers are to be placed a t opposite ends of the building, indicating the approximate location of the addressed portion of the building.

15.20.240: FIRE HYDRANTS AND MAINS:

Section 507.5.1 of the California fire code is hereby amended to read as follows:

507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

1. For group R -3 and group U o ccupancies, the distance requirement shall be 600 feet (183 m). This distance may be further modified by the fire code official for such occupancies when buildings are equipped throughout with an approved fire sprinkler system installed in accordance with section 903.3.1.3.

2. Deleted.

15.20.250: PRIVATE FIRE HYDRANT IDENTIFICATION

Section 507.5.7: California fire code is hereby added to read as follows:

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507.5.7 Private fire hydrants shall be painted OSHA Safety red or equivalent.

15.20.260: PRIVATE FIRE HYDRANT MARKERS

Section 507.5.8: of the California Fire Code is hereby added to read as follows:

507.5.8 Blue reflective pavement markers shall be placed within six (6) inches of the edge of the center lane line on the side of the nearest hydrant.

15.20.270: ACCESS TO EQUIPMENT:

Section 507.5.7:

Section 509.3 of the California fire code is hereby added to read as follows:

509.3 Access to Equipment in Multi-Unit Buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fi re alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather -resistant enclosure with at least one exterior access door of not less than 3'-0" by 6'-8".

15.20.280: SMOKE OR FOG EMITTING SYSTEMS:

Section 511 of the California fire code is hereby added to read as follows:

511 Smoke Or Fog Emitting Systems. No alarm system shall be installed in a building or portion of a building which as a part of its operation discharges any gas , vapor, liquid, or other product when the primary intent of the system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclu de the connection of an alarm system to any fire suppression system.

15.20.290: GROUP A-1:

Section 903.2.1.1 of the California fire code is hereby amended to read as follows:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for group A-1 occupancies.

15.20.300: GROUP A-2:

Section 903.2.1.2 of the California fire code is hereby amended to read as follows:

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15 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies.

15.20.310: GROUP A-3:

Section 903.2.1.3 of the California fire code is hereby amended to read as follows:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for group A-3 occupancies.

15.20.320: GROUP A-4:

Section 903.2.1.4 of the California fire code is hereby amended to read as follows:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for group A-4 occupancies.

15.20.330: GROUP A-5:

Section 903.2.1.5 of the California fire code is hereby amended to read as follows:

903.2.1.5 Group A -5. An automatic sprinkler system shall be provided for group A -5 occupancies in the following areas: concession stands, retail areas, press boxes, and other accessory use areas in excess of 200 square feet (19 m2).

15.20.340: GROUP B:

Section 903.2.1.8 of the California fire code is hereby added to read as follows:

903.2.1.8 Group B. An automatic sprinkler system shall be provided throughout all buildings containing group B occupancies where the fire area exceeds 200 square feet (19 m2).

15.20.350: GROUP E:

Section 903.2.3 of the California fire code is hereby amended to read as follows:

903.2.3 Group E. Except as provided for in sections 903.2.19 for a new public school campus and 903.2.20 (modernization project), an automatic sprinkler system shall be provided for group E occupancies as follows:

1. Throughout all group E fire areas greater than 200 square feet (19 m2) in area.

2. Throughout every portion of educational buildings below the level of exit discharge.

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3. In rooms or areas with special hazards such as laboratories, vocational shops and other such areas where hazardous materials in exempt amounts are used or stored.

15.20.360: GROUP F:

Section 903.2.4 of the California fire code is hereby amended to read as follows:

903.2.4 Group F. An automatic sprinkler system shall be provided throughout all buildings containing group F occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.370: GROUP M:

Section 903.2.7 of the California fire code is hereby amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a group M occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.380: GROUP R:

Section 903.2.8 of the California fire code is hereby amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with section 903.3 shall be provided throughout all buildings with a group R fire area.

Exceptions:

1. Existing Group R-3 occupancies converted to Group R -3.1 occupancies not housing bedridden clients, not housing non -ambulatory clients above the first floor, and not housing clients above the second floor.

2. Existing Group R-3 occupancies converted to Group R-3.1 occupancies housing only one bedridden client and complying with Section 435.8.3.3 of the California Building Code.

3. Pursuant to Health and Safety Code, Section 13113, occupancies housing ambulatory children only, none of whom are mentally ill children or children with intellectual disabilities, and the buildings or portions thereof in which such children are housed are not more than two stories in height, and buildings or portions thereof housing su ch children have an automatic fire alarm system activated by approved smoke detectors.

4. Pursuant to Health and Safety Code , Section 13143.6, occupancies licensed for protective social care which house ambulatory clients only, none of whom is a child (under the age of 18 years), or who is elderly (65 years of age or over).

5. When approved by the fire code official, detached group U private garages or carports accessory to a group R -3 occupancy, not located in the high or very high fire hazard areas of the jurisdiction as identified by California Department of Forestry and Fir e Protection.

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6. When approved by the fire code official, detached group U private garages or carports accessory to a group R-3 occupancy not located within fifty (50) feet from an adjacent building, structure, and/or property line.

15.20.390: GROUP S:

Section 903.2.9 of the California fire code is hereby amended to read as follows:

903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a group S occupancy where the fire area exceeds 200 square feet (19 m2).

15.20.400: REPAIR GARAGES:

Section 903.2.9.1 of the California fire code is hereby amended to read as follows:

903.2.9.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with the California building code.

15.20.410: BULK STORAGE OF TIRES:

Section 903.2.9.2 of the California fire code is hereby amended to read as follows:

903.2.9.2 Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds 200 square feet (19 m 2) shall be equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1.

15.20.420: SECTION 903.2.9 AMENDED:

Section 903.2.9 of the California fire code is hereby amended by the deletion of the exception.

15.20.430: STORIES WITHOUT OPENINGS:

Section 903.2.11.1 of the California fire code is hereby amended to read as follows:

903.2.11.1 Stories without Openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds 200 square feet (19 m2) and where there is not provided at least one of the following types of exterior wall openings:

1. Openings below grade that lead directly to ground level by an exterior stairway complying with section 1011 or an outside ramp complying with section 1012.

Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side.

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2. Openings entirely above the adjoining ground level totaling at least 20 square feet (1.86 m2) in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side.

15.20.440: SECTION 903.2.11.3 AMENDED:

Section 903.2.11.3 of the California fire code is hereby amended by the deletion of the exception.

15.20.450: GROUP U OCCUPANCY:

Section 903.2.18 of the California fire code is hereby amended to read as follows:

903.2.18 Group U Occupancy. An automatic sprinkler system shall be provided throughout buildings containing a group U occupancy where the fire area exceeds 200 square feet (19 m2).

Exceptions:

1. When approved by the fire code official, group U occupancies, not located in the high or very high fire hazard areas of the jurisdiction as identified by California Department of Forestry and Fire Protection.

2. When a group U occupancy is not located within fifty (50) feet from an adjacent building, structure, and/or property line.

15.20.460: NFPA 13D SPRINKLER SYSTEMS:

Section 903.3.1.3 of the California fire code is hereby amended to read as follows:

903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D, including attached garages.

15.20.470: WATER SUPPLY FOR AREAS WITHOUT CITY WATER SERVICE:

Section 903.3.5.3 of the California fire code is hereby added to read as follows:

903.3.5.3 Water Supply For Areas Without City Water Service. In areas without city water service, buildings where the fire area exceeds 200 square feet (19 m2) shall be provided with an approved automatic sprinkler system. Group R-3 occupancies shall be provided with on- site water storage for a minimum 10 -minute sprinkler demand. When approved by the fire code official, on-site water storage for other than group R occupancies may be reduced to that required for an approved 30-minute sprinkler demand. These flows and duration do not consider the needs required to provide domestic service. All sprinkler systems shall be suitably freeze-protected for climatic conditions when necessary.

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15.20.480: AREA INCREASE AND RECONSTRUCTION:

Section 903.6.1 of the California fire code is hereby amended by adding the following:

903.6.1 Area Increase and Reconstruction. Every existing building or structure relocated or moved onto a property, every building or structure which as a result of fire, earthquake, or other disaster requires demolition and reconstruction, or every existing building or structure that is receiving or has received an addition(s) in which fifty percent (50%) of the original area is exceeded, shall have an approved automatic sprinkler system insta lled throughout therein.

15.20.490: CHANGE IN USE:

Section 903.6.2 of the California fire code is hereby amended by adding the following:

903.6.2 Change in Use. Changes made in the character or use of an occupancy shall be approved by the building official and the chief. When there is a change of use or occupancy of a building which exceeds 5,000 square feet in floor area which would place the building in a different division of the same group of occupancy or in a different group of occupancies, the occupancy shall be provided with an approved automatic sprinkler system throughout, unless the proposed use is less hazardous based on fire or life safety risk, than the existing use.

15.20.500: ADAPTIVE REUSE:

Section 903.6.3 of the California fire code is hereby amended by adding the following:

903.6.3 Adaptive Reuse. Every existing group R occupancy that is changed to a commercial use shall have an approved automatic sprinkler system installed throughout.

15.20.510: SECTION 905.4 AMENDED:

Section 905.4 of the California fire code is hereby amended by adding location number 7 to read as follows:

7. When required by other provisions of this code, 2 1/2 inch hose connections, meeting the requirements of this section and fire depar tment standards, shall be located at every other exterior fire department access door as defined by section 2306.6.1, and arranged so that every portion of the building and its contents can be reached with 150 feet of hose and stream.

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15.20.520: SMOKE AND HEAT VENTS, MECHANICAL SMOKE EXHAUST SYSTEMS AND DRAFT CURTAINS:

Section 910.2 of the California fire code is hereby amended to read as follows:

910.2 Where Required. Where required by this code or otherwise installed, smoke and heat vents or mechanical smoke exhaust systems and draft curtains shall conform to the requirements of this section.

Exceptions:

1. Frozen food warehouses used solely for storage of class I and II commodities where protected by an approved automatic sprinkler system.

2. Deleted.

3. Deleted.

15.20.530: SPRINKLERED BUILDINGS:

Section 910.3.5 of the California fire code is hereby amended to read as follows:

910.3.5 Sprinklered Buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by the actuation of a heat responsive device rated at least 100 degrees F above the operating temperature of the sprinkler heads, or manually with independent controls for the fire department pursuant to section 914.12.

15.20.540: SECTION 914.12 ADDED:

Section 914.12 of the California fire code is hereby added to read as follows:

914.12 Special Requirements For Group F, M, S-1 Or S-2 Distribution Warehouses Greater Than 50,000 Square Feet in Floor Area. Buildings classified primarily as group M, group S-1 or S -2, with no more than 10% of the building square footage occupied with accessory uses, in which the primary use is wholesale or retail sales of bulk products or packaged materials, or for the storage of commodities for distribution, shall be in accordance with this section.

914.12.1 Fire Command Center. A fire command center for fire department operations shall be provided. The location and accessibility of the fire control room shall be approved by the fire code official. The fire control room shall be separated from the remainder of the building by walls and c eilings not less than one -hour fire partitions. The room shall be a minimum of 200 square feet (19 m2) in area, with a minimum dimension of 10 feet (3048 mm). The room shall contain the following as a minimum:

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1. The fire alarm control unit and associated equipment.

2. Annunciator panel displaying status of sprinkler control valves and waterflow detectors.

3. Main controls and indicators for mechanical smoke exhaust systems.

4. Graphic with schematic indicating building floor plans, means of egress, fire protection systems, firefighting equipment and access.

5. Other firefighting equipment and system controls as required by the fire code official.

6. Emergency lighting powered by the standby electrical system.

914.12.2 Mechanical Smoke Exhaust. A mechanical smoke exhaust system conforming to the requirements of section 910.4 shall be provided. The system may be combined with environmental or other ventilation air systems when approved by the fire code official. 914.12.3 Standpipe Systems. A class I standpipe system shall be provided, with hose connections located at fire department access doors as required by section 905.4. The system may be interconnected with the building automatic sprinkler systems, and may be supplied by adjacent systems or by a separate riser. Standpipe systems shall conform to the requirements of NFPA 14.
914.12.4 Fire Department Graphic. A printed graphic with schematic diagrams of the building automatic sprinkler systems, fire alarm systems, means of egress, standpipe systems, smoke exhaust systems, access doors, and any other equipment as required by the fire code official shall be superimposed over a building floor plan or site plan and mounted on the wall in a highly visible location in the fire control room. The graphic shall be durable and waterproofed.
914.12.5 Standby Power. A standby power generator conforming to the California electrical code shall be provided on the premises, in a protected location. The generator shall have a rated capacity necessary to supply the load of all fire protection features listed below at the same time:

1. Emergency lighting and exit signs necessary for egress.

2. Lighting for the fire control room.

3. Signal and communication systems as applicable.

4. Electrically powered fire pumps required to maintain pressure.

5. Mechanical smoke exhaust systems as required by section 914.12.2.

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22 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx In addition, a fuel supply sufficient for not less than two hours of operation shall be required on the premises. All electrically connected systems shall be transferred within 60 seconds after losing primary power.

914.12.6 Enhanced Communications. When required by the fire code official, enhanced communication equipment, such as bi -directional amplifiers, shall be provided in the building for dedicated use by the fire department. When such equipment is required to be installed, it shall be provided with a standby power supply.

914.12.7 Other Requirements. All fire protection systems shall comply with fire department standards regarding installation, signage and labeling, maintenance, and other requirements as specified by the fire code official.

15.20.550: EMERGENCY RESPONDER RADIO COVERAGE IN EXISTING BUILDINGS

Section 1103.2 of the California Fire Code is hereby amended to read as follows:

1103.2 Criteria 2: Within one (1) year of completion date. All plans and permits shall be submitted for review within six (6) months of completion date.

15.20.560: FIREWORKS:

Section 5608 of the California Fire Code is hereby added to read as follows:

"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effect which are useful as pyrotechnic devices or for entertainment. The term "Fireworks" includes, but is not limited to, devices designated by the manufacturer as Fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, chasers, fountains, smoke sparks, aerial bombs, and Fireworks ki ts. "Fireworks" includes both "dangerous Fireworks" and "safe and sane" Fireworks as defined in the California Health and Safety Code.

15.20.570 1: MINOR CHARGE:

"Minor charge" is a person under the age of eighteen (18) years for whom a responsible guardian has the legal care, custody or control.

15.20.580.2: PROPERTY:

"Property" shall mean any private property; including but not limited to, a residence, yard, or field, whether or not occupied as a dwelling, and whether owned, leased, rented or used with or without compensation.

15.20.590.3: RESPONSE COSTS:

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23 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx "Response costs" means those reasonable and necessary costs directly incurred by City public safety or other personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, or other services arising from the unpermitted discharge or illegal storage, maintaining or handling of fireworks, including but not limited to:

A. Salaries and benefits of public safety or other personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to any response;

B. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at, or leaving the scene of the unpermitted discharge or illegal storage of fireworks;

C. The cost of repairing or replacing any public safety equipment or property damage, and the cost of use of any such equipment, in responding to, remaining at, or leaving the scene of any unpermitted discharge or illegal storage of fireworks; and

D. The disposal cost of confiscated fireworks.

15.20.600.4: RESPONSIBLE GUARDIAN:

"Responsible guardian" means a parent, guardian or other person having the legal care, custody, or control of his or her minor charge.

15.20.610.5: PROHIBITION:

Except as otherwise provided in this Code, no person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, transport, or improperly dispose of any fireworks or dangerous or safe and sane fireworks.

A. Except where otherwise expressly provided in this Code or under a permit issued by the California State Fire Marshal or the Fire Chief, it shall be unlawful for any person to possess, offer for sale, or store any fireworks.

B. Except where otherwise expressly provided in this Code, it shall be unlawful for any property owner or tenant to allow or permit the possession, sale, use or discharge of fireworks at or on their property when the property owner or tenant knows or should know of the possession, sale, use or discharge of fireworks at or on such property.

C. The Fire Chief and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief and his authorized representatives may cha rge any person whose fireworks are seized pursuant to this section.

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24 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx D. Every person who causes, aids, abets or conceals a violation of the California Fire Code is guilty of violating the California Fire Code. Each such person, corporation or firm shall be deemed guilty of a misdemeanor of a separate offense for each day or portion thereof during which any violation of any provision of the California Fire Code is committed, continued, permitted or maintained by such person, firm or corporation.

15.20.620.6: APPLICATION OF STATE LAW:

Nothing in this section 15.20.520 shall limit any of the penalties provided in the California Health and Safety Code or the California Penal Code with regard to the offer for sale, exposing for sale, sale at retail, use or discharge of any fireworks.

15.20.630.7: LIABILITY FOR RESPONSE COSTS:

A. Any person who violates this section 15.20.520 shall be liable for response costs incurred in responding to the unpermitted use, discharge or storage of fireworks.

B. If a person who violated this section 15.20.520 is a minor charge, the responsible guardian of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this section 15.20.520.

C. To incur liability for response costs imposed by this section 15.20.520, a person who violates this section 15.20.520 need not be present at the event that causes the response giving rise to the imposition of response costs.

D. Response costs imposed by this section 15.20.520 are in addition to any other costs that may be recovered under this Code or State law.

15.20.640: WILDLAND-URBAN INTERFACE FIRE AREA:

Section 4902.1 the definition of the Local Responsibility Area (LRA) is hereby added to read as follows:

Local Responsibility Area (LRA) is defined as lands within the geographical boundaries found in the map within the city of Redlands general plan figure 8.1.

15.20.650: VEGETATION MANAGEMENT

Section 4906.1.1 of the California fire code is hereby added to read as follows:

4906.1.1 Maintenance. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:

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25 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Maintain an effective fuel modification zone by removing, cle aring, or modifying away combustible vegetation and other flammable materials from areas within 100 feet from such buildings or structures. (See exception 3 for fire-resistive construction and other features for approval and/or a reduction of the fuel modification zone.) The fuel modification zone may be replanted with either approved irrigated, fire-resistant planting material or approved non- irrigated, drought-tolerant, fire-resistant plant material. Use of plants, trees, and/or shrubs on the Redlands fire department wildland urban interface high fire severity area undesirable list, must be specifically approved by the fire code official. Use of any of the plantings on the list is subject to periodic, ongoing inspections by the fire department to ensure pr oper maintenance. Inspections may incur fees payable by the property owner. Failure to maintain the plants and trees on this list in accordance with plan approval could result in the plants, trees, and/or shrubs being ordered to be removed at the expense o f the property owner.

Replanting of the fuel modification zone may be required for erosion control.

Exceptions:

1. Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly tra nsmitting fire from the native growth to any structure.

2. Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

3. With the approval of the fire code official, the width of the fuel modification zone may be reduced where fire-resistive structures or other features are constructed. However, in no case shall the fuel modification zone be reduced to less than 30 feet. See California building code chapter 7A and international wildland -urban interface code for the minimum requirements of a fire-resistive structure.

Remove portions of trees, which extend within 10 feet of the outlet of a chimney,

Maintain trees adjacent to or overhanging a building free of deadwood, and

Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.

If the owner fails to correct such conditions, the fire code official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

15.20.660: DEFENSIBLE SPACE

Section 4907.4 of the California fire code is hereby added to read as follows:

4907.4 Defensible space zones. All existing habitable buildings and structures withing the Very High Fire Hazard Severity Zone (VHFHSZ) shall maintain defen sible space in Redlands Regular Meeting of 12/06/2022
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26 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx accordance with sections 4907.4.1, 4907.4.2, and 4907.4.3. The fire code official may require additional fuel modification measures to be taken by the property owner when extreme hazardous vegetation conditions are present.

4907.4.1 Zone Zero (0-5 feet) – Ember Resistant. Zone zero zones shall be maintained in accordance with sections 4907.4.1.1 through 4907.4.1.8.

4907.4.1.1 Vegetation. Vegetation shall be in accordance with the following:

1. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.

2. Remove all dead, dying, or diseased vegetation, including where applicab le on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.

3. Maintain grasses to a maximum height of four (4) inches.

4. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within 4 feet of the ground or one-third of its height, whichever is less.

5. Vines are to be limited on the structure.

6. Vegetation under windows shall be kept to below eighteen (18) inches.

7. Consideration shall be given to properties with more fi re-resistive construction, lower flammability plant species, and frequent irrigation.

4907.4.1.2 Tree Maintenance. Tree maintenance shall be in accordance with the following:

1. Trees shall be maintained (i.e., cleaned, thinned, raised) to reduce the spread of fire.

2. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, combustible structures, and the ground. Additional clearance equal to three (3) times the height of the shrub is needed if shrubs are located under tree branches.

3. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the fire code official.

4907.4.1.3 Balconies, Overhangs, and Porches. The underside of balconies, overhangs, and porches shall be kept clear of combustible vegetation.

4907.4.1.4 Organic Wood Chips and Mulch. Organic mulch and wood chip application is prohibited. Non-combustible materials such as concrete, gravel, decomposed granite, or other approved materials shall be used within this zone.

4907.4.1.5 Firewood. Firewood shall not be stored within this zone.

4907.4.1.6 Chimneys. All chimneys shall have a spark arrestor and all branches shall be a minimum of ten (10) feet from chimneys, stovepipe outlet, and heater outlets.

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27 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx 4907.4.1.7 Propane Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks.

4907.4.1.8 Roofs and Gutters. Maintain the roof and gutters to be free of leaves, needles, or other vegetation.

4907.4.1.9 Firefighter Ac cess. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.

4907.4.2 Zone One (5 -30 feet) – Lean, Clean, and Green Zone. Zone one zones shall be maintained in accordance with sections 4907.4.2.1 through 4907.4.2.5.

4907.4.2.1 Vegetation. Vegetation shall be in accordance with the following:

1. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than fifty (50) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.

2. Remove all dead, dying, or diseased vegetation, including where applicable on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.

3. Maintain grasses to a maximum height of four (4) inches.

4. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within 4 feet of the ground or one-third of its height, whichever is less.

5. Consideration shall be give n to properties with more fire -resistive construction, lower flammability plant species, and frequent irrigation.

4907.4.2.2 Tree Maintenance. Tree maintenance shall be in accordance with the following:

1. Trees shall be maintained (i.e., cleaned, thinned , raised) to reduce the spread of fire.

2. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, combustible structures, and the ground. Additional clearance equal to three (3) times the height of the shrub is needed if shrubs are located under tree branches.

3. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the fire code official.

4907.4.2.3 Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept at a depth of three (3) inches.

4907.4.2.4 Propane Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks.

4907.4.2.5 Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.

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28 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx 4907.4.3 Zone Two (30 -100 feet) – Fuel Reduction Zone. Zone one zones shall be maintained in accordance with sections 4907.4.3.1 through 4907.4.3.5.

4907.4.3.1 Vegetation. Vegetation shall be in accordance with the following:

1. Ornamental and native shrubs shall be thinned, relocated, or removed to provide no more than sixty (60) percent density and/or coverage and shall be positioned to limit plan continuity and inhibit fire progression.

2. Remove all dead, dying, or diseased vegetation, including where applicable on portions of live vegetation and dead, dying, or diseased grass, plants, shrubs, branches, leaves, and weeds.

3. Maintain grasses to a maximum height of eighteen (18) inches.

4. Maintain large shrubs and hedges exceeding six (6) feet in height such that limbs are not within four (4) feet of the ground or one -third of its height, whichever is less.

5. Consideration shall be given to properties with more fire -resistive construction, lower flammability plant species, and frequent irrigation.

4907.4.3.2 Tree Maintenance. Tree maintenance shall be in accordance with the following:

1. Trees shall be maintained (i.e., cleaned, thinned, raised) to reduce the spread of fire.

2. Tree branches shall have six (6) feet of clearance above roofs, combustible fences, combustible structures, and the ground. Additional clearance equal to three (3) times the height of the shrub is needed if shrubs are located under tree branches.

3. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees may be required by the fire code official.

4. All exposed wood piles shall have a minimum of ten (10) feet of clearance down to bare mineral soil in all direction.

4907.4.3.3 Organic Wood Chips and Mulch. Organic mulch and wood chips shall be kept at a depth of three (3) inches.

4907.4.3.4 Propane Tanks. Dead, dying, or diseased vegetation shall be removed from within ten (10) feet of propane tanks.

4907.4.3.5 Firefighter Access. Remove hazardous items that would hinder existing firefighter access to all sides of the structure.

15.20.670: FIRE PROTECTION PLAN:

Section 4903 of the California fire code is hereby amended to read as follows:

Section 4903 Fire Protection Plan

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29 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx 4903.1 General. A fire protection plan (FPP), approved by the fire code official, shall be required for all new development within the wildland-urban interface area.

The FPP shall include mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed site.

The FPP shall address water supply, access, building ignition and fire resistance, fire protection systems and equipment, defensible space and vegetation management.

The FPP shall be consistent with the requirements of California building code chapter 7A, and the international wildland-urban interface code, and the Redlands municipal code.

15.20.680: APPENDIX B:

Section B105.2 of appendix B of the California fire code is hereby amended by amending the exception to read as follows:

Exception: A reduction in required fire -flow of up to 50 percent (50%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 l/min) for the prescribed duration as specified in table B105.1(2).

15.20.690: APPENDIX BB:

Section BB105.1 of appendix BB of the California fire code is hereby amended by amending the exception to read as follows:

Exception: A reduction in required fire -flow of up to 50 percent (50%), is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 gpm.

15.20.700: APPENDIX C:

Appendix C is hereby adopted in its entirety without amendments or deletions.

15.20.710: APPENDIX CC:

Appendix CC is hereby adopted in its entirety without amendments or deletions.

15.20.720: APPENDIX D:

Appendix D is hereby adopted in its entirety with the following additions and amendments:

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30 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section D101.2 of appendix D of the California fire code is hereby added to read as follows:

D101.2 Construction Documents. Construction documents for proposed fire apparatus access location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for f ire hydrant systems shall be submitted to the fire department for review and approval prior to construction.

Section D101.3 of appendix D of the California fire code is hereby added to read as follows:

D101.3 Timing of Installation. When fire apparatus a ccess roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles.

Section D102.1 of appendix D of the California fire code is hereby amended to read as follows:

D102.1 Access and Loading. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building thereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior wall for the first story of the building as measured by an approved route around the exterior of the building or facility.

Section D103.3 of appendix D of the California fire code is hereby amended to read as follows:

D103.3 Turning Radius. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be an inner radius of nineteen (20) feet and outer radius of forty (40) feet.

Section D103.4 of appendix D of the California fire code is hereby amended to read as follows:

D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus.

Section D103.7 of appendix D of the California fire code is hereby added to read as follows:

D103.7 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus wei ghing at least 75,000 pounds. The roadway shall be surfaced so as to provide all weather driving capabilities.

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Section D103.8 of appendix D of the California fire code is hereby added to read as follows:

D103.8 Authority. The fire code official shall have the authority to require an increase in the minimum access width where they are inadequate for fire or rescue operations.

Section D103.9 of appendix D of the California fire code is hereby added to read as follows:

D103.9 Bygone Roadways. Wher e fire department access is unduly difficult utilizing bygone roadways, and where modifications would significantly impact the historical significance of the area, the fire chief may authorize alternative means and methods in order to maintain fire department access. Methods may include but are not limited to the posting of signs and notices of parking requirements in order to maintain access.

15.20.730: APPENDIX O

Section O101.2 of the California fire code is hereby amended to read as follows:

O101.2 Permits. An operational permit shall be required for haunted houses, ghost walks or similar uses in accordance with Appendix O101.2. Permit applications and documents shall be submitted within three (3) weeks of occupancy date. Additional permits shall be obtained from local building department as required for any structural, electrical, or other modifications.

Section O103.2 of the California fire code is hereby amended to read as follows:

O103.2 Tents or membrane structures. Tents and membrane structures may be used when in compliance with all applicable requirements of this regulation, chapter 31 of this code, and when the total floor area of the tent is less than 1,000 square feet and the travel distance to an exit from any location is less than fifty (50) feet.

Section O103.7 of the California fire code is hereby amended to read as follows

O103.7 Exception 2: Existing unsprinklered assembly spaces, such as gymnasiums, when used for assembly purposes such as grad night.

Section O103.7.1.1 of the California fire code is hereby amended to read as follows:

O103.7.1.1 Obstructions. Fire sprinkler systems and piping, when provided, shall not be obstructed, altered, or used to support any decorations.

Section O103.7.2.1 of the California fire code is hereby amended to read as follows:

O103.7.2.1 Obstructions. Automatic smoke detection systems or devices, when present, shall not be obstructed, altered, or turned off.

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32 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section O103.7.4 of the California fire code is hereby added to read as follows:

O103.7.4 Add Exception. When the total floor area of the tent is less than 1,000 square feet and the travel distance to an e xit from any location is less than fifty (50) feet, manually activated devices suitable for sounding an alarm or another approved method of alerting staff shall be provided as approved by the fire code official.

Section O103.9.1 of the California fire code is hereby amended to read as follows:

O103.9.1 Flame retardant. All decorative materials shall be both inherently flame retardant, labeled as such, or be treated with a listed flame -retardant material registered with the California State Fire Marshal. If the material is treated by the user, a container and receipt will serve as proof.

Section O103.12 of the California fire code is hereby amended to read as follows:

O103.12 Inspections. A fire and life safety inspection shall be co nducted by the fire department prior to the start of the event. Final building department inspection and sign - off shall be made in conjunction with the fire department.

15.20.740: VIOLATION; PENALTY:

A. It is unlawful to violate or fail to comply with any of the provisions of the California fire code, or to fail to comply with any order made pursuant thereto. It is also unlawful to build in violation of any detailed statement of plans or specifications submitted and approved under the California fire code, or any certificate or permit issued thereunder, and from which no appeal has been taken.

B. Except as otherwise specified in this chapter, all violations of the California fire code or its appendices, or the amendments thereto contained in th is chapter, are misdemeanors and are punishable as provided in title 1, chapter 1.20 of this code.

C. Every person who causes, aids, abets or conceals a violation of the California fire code is guilty of violating the California fire code. Each such person, corporation or firm shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provisions of the California fire code is committed, continued, permitted or maintained by such person, firm or corporation.”

Section 2. If any subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the re maining portions of this Ordinance. The City Council declares that it would have passed this Ordi nance and each and every s ubsection, sentence, cla use or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

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33 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 Clean.docx Section 3. The provisions of this Ordinance s hall be in force on and after the date upon which this Ordinance becomes effective; provided, however, that where complete plans for buildings have been filed and are pending for building permits prior to the effective date of this Ordinance, permits may be issued in co mpliance with the governing laws at the ti me of review and approval of such plans, and the applicant may proceed with construction, provided physical construction is commenced within one hundred eigh ty (180) days from the date of issuance of the permit and continued to completion.

Section 4. Unless superseded and expressly repealed, references in City forms, documents and regulations to Chapter 15.20 of the Redlands Municipal Code and to the former edition of the California Fire Code shall be construed to apply to the corresponding provisions of Chapter 15.20 of the Redlands Municipal Code and the 20 22 edition of the Ca lifornia Fire Code as adopted and established by this Ordinance.

Section 5. The City Council hereby determines that the adoption of this Ordinance is exempt from review under the California Env ironmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) for the reason that it can be seen with certainty there is no possibility that the adoption of this Ordinance will have a significant effect on the environment.

Section 6. The City Clerk is hereby dir ected to publish notice in a newspaper of general circulation within the City, in accorda nce with Gover nment Code section 6 066, of the scheduling of a public hearing to consider adoption of this Ordinance on December 6, 2022. The notice shall state the time and place of the hearing, and shall also state that copies of the California Fire Code, 2022 edition, and the proposed amendments thereto, are on file with the office of the City Clerk and open to public inspection. The notice shall also contain a description which the City Council dee ms sufficient to serve notice to the interested persons of the purpose of this Ordinance and the subject matter hereof. The City Council further delegates the determination of such sufficiency to the City Manager.

Section 7. The Mayor shall sign this Ordin ance and the City Clerk sh all certify to the adoption of this Ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this Ordinance shall take effect as provided by law.

____________________________
Paul T. Barich Mayor

ATTEST:

______________________________
Jeanne Donaldson, City Clerk

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34 I:\cmo\Ordinances\2948 Amending Chap 15.20 RFD Fire Code 2022 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 _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk

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City Council/Successor Agency Meeting L. 1.

DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance No. 2940 - Amending Chapter 1.08 of the Municipal Code regarding Custody and Use of the Official City Seal and City Logos, Badges and Patches and find that the Ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State's Guidelines (Assistant City Manager McConnell)
MOTION(S):

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

Mayor requests the City Clerk to read the title of Ordinance No. 2940.

I move to waive further reading of Ordinance No. 2940 and to introduce No. 2940; and find that the Ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State's Guidelines implementing CEQA.

RECOMMENDATION:

Staff recommends that the City Council introduce Ordinance No. 2940 and find that the Ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State's Guidelines implementing CEQA.

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DISCUSSION:

In early 2022, Mayor Paul Barich commissioned Pennington Designs to create a new logo for the City. At its June 7, 2022, meeting, the City Council adopted the new city logo. Following the adoption of the logo, Mayor Barich donated the logo and all graphics, proofs, drafts and other items associated with the logo to the City.

On June 29, 2022, Pennington Designs assigned and transferred to the City all intellectual property rights, including any rights to do any act necessary to secure copyright or trademark registration, renewals, reissues, and extensions. As a result of these actions, the new logo is now the property of the City.

However, the City currently does not have adopted policies or detailed regulations for the use of the Official City Seal or any other City logos, badges or patches, nor does it have regulations protecting the Official City Seal, and City logos, badges or patches from unauthorized use by third parties.

California Government Code Section §34501.5 states that any person who uses or allows to be used any reproduction or facsimile of the seal of the city in any campaign literature or mass mailing, with intent to deceive the voters, is guilty of a misdemeanor. It goes further to state that the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive. Additionally, this intent to deceive can also be deemed a violation of California Elections Code Section §18304 and is against California Elections Code.

While these State law provisions provide some protection, the City wishes to create greater limits and protection for the use of the Official City Seal and extend that protection to City logos, badges and patches which represent city departments and services in the City. The attached ordinance is presented to the City Council for its consideration.

ALTERNATIVES:

The City Council could elect not to introduce Ordinance No. 2940 and provide alternative direction to staff.

STRATEGIC PLAN:

N/A
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SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Chris Boatman, Assistant City Manager
Carl Baker, Public Information Officer
PREPARED BY:

Ross Wittman, Project Manager
Fiscal Impact
Discussion:

There is no fiscal impact associated with the introduction of Ordinance No. 2940.

Attachments
Ordinance No. 2940 Clean
Ordinance No. 2940 Legislative
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ORDINANCE NO. 2940

AN ORDINANCE OF THE CITY OF REDLANDS, CALIFORNIA, AMENDING REDLANDS MUNICIPAL CODE CHAPTER 1.08 ESTABLISHING REGULATIONS FOR

CUSTODY AND USE OF THE CITY SEAL, LOGOS, BADGES AND PATCHES WHEREAS, the City desires to protect its official Seal and Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; WHEREAS, California Government Code § 34051.5 and California Elections Code § 18304 prohibits the use of the City seal in any campaign literature or mass mailing with intent to deceive voters; WHEREAS, the use of a reproduction or facsimile of a seal may create a misleading, erroneous, or false impression of an endorsement or authorization by the City or public official; and WHEREAS, the City Council seeks to ensure that the City Seal and City Logo are used only for purposes directly related to the official business of the City of Redlands, or as expressly authorized.

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

S ection 1. Chapter 1.08 of the Redlands Municipal Code titled, “City Seal,” is hereby re-titled and amended in its entirety to read as follows:

“CHAPTER 1.08

CUSTODY AND USE OF THE OFFICIAL CITY SEAL, CITY LOGOS, BADGES AND

PATCHES
Sections:

1.08.010 Definitions.

1.08.020 Use of Official City Seal, City Logos Badges and/or Patches.

1.08.030 Prohibited Uses of City Seal, City Logos, Badges and/or Patches.

1.08.040 Penalties.

1.08.010 Definitions. The following words shall have the meanings set forth below when used in this Chapter:

A. “Official City Seal” means the official City Seal of the City of Redlands as adopted by City Council Ordinance No. 2718. The official seal of the City of Redlands shall be in the form of a die approximately two inche s (“2”) in diameter. The form of the die shall be two (2) circles, one inside the other. Within the smaller circle shall be imprinted the words “Incorporated 1888,” and within the larger circle and outside the limits of the inner circle shall be imprinted the words “City of Redlands California depicted below:

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B. “City Logo” shall be the following image adopted as the official logo of the City of Redlands by action of the City Council on June 7, 2022:

C. “Redlands Police Logo” shall be the following image adopted as the official logo of the Redlands Police Department:

D. “Redlands Police Badge” shall be the following image adopted as the official badge of the Redlands Police Department:

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E. “Redlands Police Patch” shall be the following image adopted as the official patch of the Redlands Police Department:

F. “Redlands Recreation & Senior Services Logo” shall be the following image adopted as the official logo of Redlands Recreation & Senior Services:

G. “Official C ity Seal , City Logos , Badge s and/or Patches” shall mean collectively the Official City Seal, the City Logo, the Redlands Police Logo, the Redlands Police Badge, Redlands Regular Meeting of 12/06/2022
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the Redlands Police Patch, and the Redlands Recreation & Senior Services Logo, unless expressly stated otherwise.

1.08.020 Use of Official City Seal, City Logos, Badges and Patches.

A. The City Clerk or designee, acting as the C ustodian of the Official City Seal as defined herein is authorized to use or affix the Official City Seal, as appropriate, to all certificates and documents as may be required by law, by this Municipal Code, or by City ordinance or resolution, to authenticate official City documents or to indicate institutional sanction for official, legal and ceremonial purposes.

B. The Official City Seal, City Logos, Badges and/or Patches shall only be used for purposes directly connected with the official business of the City of Redlands, its City Council, City boards, commissions, committees, City officers, employees or departments, or for other city-related purposes upon written authorization of the City Clerk or designee for use of the Official City Seal and the City Manager or designee for use of the City Logos, Badges and/or Patches.

C. The members of the City Council and City boards, commissions and committees , and any City officer or employee may use stationary, business cards, and other materials and articles printed by the City with the Official City Seal, City Logos, Badges and /or P atches only while acting within the scope of their office or employment.

D. The Director of Facilities & Community Services shall designate the vehicles , equipment or other items of property belonging to the City to be affixed with the image of the City Logos, Badges and/or Patches, as appropriate.

E. The City Council retains the right to create variations of the Official City Seal and any City Logos, Badges and/or Patches and to adopt and establish other official City seals and logos, badges and patches. Such variations may include, but are not limited to, centennial or other seals or logos which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. The Official City Seal, City Logos, City Badges and/or Patches may only be altered pursuant to ordinance or resolution of the City Council.

1.08.030 Prohibited Uses of Official City Seal, City Logos, Badges and Patches.

A. Except as otherwise provided for herein, it is unlawful for any person or entity to make use of the Official City Seal , City Logos , Badge s and/ or Patch es or any portion, facsimile, mock-up, derivative or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device that is an imitation of said Official City Seal, City Logos, Badges and/or Patches or that may be mistaken therefor, that is designed, intended or likely to confuse or mislead the public, for private or commercial purposes or for any purpose other than the official business of the City.

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No person, firm, association, or corporation shall use the Official City Seal and the City Logos , Badge s and/or Patch es or any facsimile thereof for purposes of supporting or opposing the nomination or election to any City or other public office of any person, or for purposes of supporting or opposing any ballot measure, nor include such Official City Seal or any City Logos, Badges and/or Patches on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to official writings issued by the City or the City Council as a whole pursuant to law.

1.08.040 Penalties.

Unauthorized use of the Official City Seal, City Logos, Badges and/or Patches for malicious, deceptive, fraudulent, or other unauthorized purposes in violation of this Chapter is declared to be a public nuisance and the City can abate or enjoin such use pursuant to the Redlands Municipal Code. Violation of this Chapter shall be an infraction or misdemeanor, as determined by the City Attorney. Nothing herein prevents the City from using any other available civil and/or criminal remedies allowed by law to protect the Official City Seal, City Logos, City Badge and/or Patch from improper or illegal use.

S ection 2. WHEREAS, the City Council hereby determines that approval of Ordinance No. 2940 is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the State’s Guidelines implementing CEQA because it can be seen with certainty that adoption of the Ordinance will not cause any significant environmental effects and will not result in a direct or reasonably foreseeable indirect physical change in 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 a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.

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Paul T. Barich, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

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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 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk

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1 I:\cmo\Ordinances\2940 Ordinance (LEGISLATIVE)(FINAL).docx-la ORDINANCE NO. 2940

AN ORDINANCE OF THE CITY OF REDLANDS, CALIFORNIA, AMENDING REDLANDS MUNICIPAL CODE CHAPTER 1.08 ESTABLISHING REGULATIONS FOR

CUSTODY AND USE OF THE CITY SEAL, LOGOS, BADGES AND PATCHES WHEREAS, the City desires to protect its official Seal and Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; WHEREAS, California Government Code § 34051.5 and California Elections Code § 18304 prohibits the use of the City seal in any campaign literature or mass mailing with intent to deceive voters; WHEREAS, the use of a reproduction or facsimile of a seal may create a misleading, erroneous, or false impression of an endorsement or authorization by the City or public official; and WHEREAS, the City Council seeks to ensure that the City Seal and City Logo are used only for purposes directly related to the official business of the City of Redlands, or as expressly authorized.

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

Section 1. Chapter 1.08 of the Redlands Municipal Code titled, “City Seal,” is hereby re-titled and amended in its entirety to read as follows:

CHAPTER 1.08

CITY SEAL CUSTODY AND USE OF THE CITY SEAL, CITY LOGOS, BADGES & PATCHES

Sections:

1.08.010 Designated Definitions

1.08.020 Use of City Seal, City Logos, Badges and/or Patches

1.08.030 Prohibited Uses of City Seal, City Logos, Badges and/or Patches

1.08.040 Penalties

1.08.010: DESIGNATED:

The official seal of the city of Redlands shall be in the form of a die approximately two inches (2") in diameter. The form of the die shall be two (2) circles, one inside the other. Within the smaller circle shall be imprinted the words "Incorporated 1888", and within the larger circle and outside the limits of the inner circle shall be imprinted the words "City of Redlands California".

1.08.010 Definitions. The following words shall have the meanings set forth below when used in this Chapter:

A. “Official City Seal” means the official City Seal of the City of Redlands as adopted by City Council Ordinance No. 2718. The official seal of the City of Redlands shall be in the form of a die approximately two inches ( “2”) in diameter. The form of the die shall be two (2) circles, one inside the other. Within the smaller circle shall be imprinted the words Redlands Regular Meeting of 12/06/2022
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2 I:\cmo\Ordinances\2940 Ordinance (LEGISLATIVE)(FINAL).docx-la “Incorporated 1888,” and within the larger circle and outside the limits of the inner circle shall be imprinted the words “City of Redlands California depicted below:

B. “City Logo” shall be the following image adopted as the official logo of the City of Redlands by action of the City Council on June 7, 2022:

C. “Redlands Police Logo” shall be the following image adopted as the official logo of the Redlands Police Department:

D. “Redlands Police Badge” shall be the following image adopted as the official badge of the Redlands Police Department:

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E. “Redlands Police Patch” shall be the following image adopted as the official patch of the Redlands Police Department:

F. “Redlands Recreation & Senior Services Logo” shall be the following image adopted as the official logo of Redlands Recreation & Senior Services:

G. “Official C ity Seal , City Logo s, Badge s and/or Patches” shall mean collectively the Official City Seal, the City Logo, the Redlands Police Logo, the Redlands Police Badge, Redlands Regular Meeting of 12/06/2022
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4 I:\cmo\Ordinances\2940 Ordinance (LEGISLATIVE)(FINAL).docx-la the Redlands Police Patch, and the Redlands Recreation & Senior Services Logo, unless expressly stated otherwise.

1.08.020 Use of Official City Seal, City Logos, Badges and Patches.

A. The City Clerk or designee, acting as the Custodian of the Official City Seal as defined herein is authorized to use or affix the Official City Seal, as appropriate, to all certificates and documents as may be required by law, by this Municipal Code, or by City ordinance or resolution, to authenticate official City documents or to indicate institutional sanction for official, legal and ceremonial purposes.

B. The Official City Seal, City Logos, Badges and/or Patches shall only be used for purposes directly connected with the official business of the City of Redlands, its City Council, City boards, commissions, committees, City officers, employees or departments, or for o ther city-related purposes upon written authorization of the City Clerk or designee for use of the Official City Seal and the City Manager or designee for use of the City Logos, Badges and/or Patches.

C. The members of the City Council and City boards, commissions and committees , and any City officer or employee may use stationary, business cards, and other materials and articles printed by the City with the Official City Seal, City Logos, Badges and /or Patches only while acting within the scope of their office or employment.

D. The Director of Facilities & Community Services shall designate the vehicles , equipment or other items of property belonging to the City to be affixed with the image of the City Logos, Badges and/or Patches, as appropriate.

E. The City Council retains the right to create variations of the Official City Seal and any City Logo s, Badges and/or Patches and to adopt and establish other official City seals and logos, badges and patches. Such variations may include, but are not limited to, centennial or other seals or logos which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. The Official City Seal, City Logos, City Badges and/or Patches may only be altered pursuant to ordinance or resolution of the City Council.

1.08.030 Prohibited Uses of Official City Seal, City Logos, Badges and Patches.

A. Except as otherwise provided for herein, it is unlawful for any person or entity to make use of the Official City Seal , City Logo s, Badge s and/or Patch es or any portion, facsimile, mock-up, derivative or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device tha t is an imitation of said Official City Seal, City Logos, Badges and/or Patches or that may be mistaken therefor, that is designed, intended or likely to confuse or mislead the public, for private or commercial purposes or for any purpose other than the official business of the City.

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No person, firm, association, or corporation shall use the Official City Seal and the City Logo s, Badge s and/or Patch es or any facsimile thereof for purposes of supporting or opposing the nomination or election to any City or other public office of any person, or for purposes of supporting or opposing a ny ballot measure, nor include such Official City Seal or any City Logo s, Badges and/or Patches on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to official writings issued by the City or the City Council as a whole pursuant to law.

1.08.040 Penalties.

Unauthorized use of the Official City Seal, City Logos, Badges and/or Patches for malicious, deceptive, fraudulent, or other unauthorized purposes in violation of this Chapter is declared to be a public nuisance and the City can abate or enjoin such use pursuant to the Redlands Municipal Code. Violation of this Chapter shall be an infraction or misdemeanor, as determined by the City Attorney. Nothing herein prevents the City from using any other available civil and/or criminal remedies allowed by law to protect the Official City Seal, City Logos, City Badge and/or Patch from improper or illegal use.

Section 2. WHEREAS, the City Council hereby determines that approval of Ordinance No. 2940 is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the State’s Guidelines implementing CEQA because it can be seen with certainty that adoption of the Ordinance will not cause any significant environmental effects and will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinanc e 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 Coun cil 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, sent ences, 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 a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.

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Paul T. Barich, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

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7 I:\cmo\Ordinances\2940 Ordinance (LEGISLATIVE)(FINAL).docx-la 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 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk

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City Council/Successor Agency Meeting L. 2.

DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Work Construction Contract with Tryco General Engineering for the 2022 Citywide Sidewalk and ADA Ramp Replacement Project for an amount not-to-exceed
$1,000,000, and determinate that the Project is exempt from environmental review pursuant to Section 15301(c) 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 the City Council determine that approval of the 2022 Citywide Sidewalk and ADA Ramp Replacement Project is exempt from environmental review in accordance with Section 15301(c) of the State's Guidelines implementing the California Environmental Quality Act; and

1. I move to approve the 2022 Citywide Sidewalk and ADA Ramp Replacement Project plans and specifications, and award the Public Work Construction Contract to Tryco General Engineering for an amount not to-exceed $1,000,000.

2. RECOMMENDATION:

Staff recommends that City Council determine that approval of the 2022 Citywide Sidewalk and ADA Ramp Replacement Project is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of the 2022 Citywide Sidewalk and ADA Ramp Replacement Project plans and specifications and award the Public Work Construction Contract to Tryco General Engineering for an amount not-to-exceed $1,000,000.

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DISCUSSION:

The 2022 Citywide Sidewalk and ADA Ramp Replacement Project (Project) will replace approximately 3 miles of lifted and broken sidewalks and forty-five (45) ADA curb ramps in various locations throughout the City. Specific locations have been determined in accordance with the sidewalk repair matrix methodology, approved by the City Council on September 1, 2015, and the ADA ramp survey summary prepared by VA Consulting, Inc. in 2014.

City staff prepared plans and specifications and advertised the Project for construction in early October 2022. On November 02, 2022, the City Clerk's office received and opened the following eleven (11) bids for the Project:

*An arithmetic error was made in the bid proposal. The total bid amount was corrected and highlighted in the attached Bid Analysis to identify arithmetic errors, but did not affect ranking.

Bids were reviewed by staff and Tryco General Engineering was determined to be the lowest responsive and responsible bidder. Staff recommends including $54,370 in the contract as contingency funding to be used only for any unforeseen work during construction. Therefore, staff recommends awarding a Construction Contract to Tryco General Engineering in an amount not-to-exceed $1,000,000. If approved, it is anticipated that the Project will be completed within one hundred fifty (150) calendar days from the issuance of the Notice to Proceed.

This project is exempt from environmental review in accordance with Section 15301 (c) of the State's guidelines implementing the California Environmental Quality Act as this project involves pedestrian safety improvements within

BID OPENING REPORT SUMMARY
Bidder Bid Amount

1. Tryco General Engineering, Rimforest CA $945,630.00

2. AID Builders, Inc., Los Alamitos CA *$965,917.75

3. Stance Construction Co., Chino CA $1,048,312.43

4. Leonida Builders, Inc., Santa Clarita CA $1,049,180.00

5. CT&T Concrete Paving Inc., Diamond Bar CA $1,129,078.00

6. Doja Inc., Ontario CA $1,220,000.00

7. LC Paving & Sealing Inc., Escondido CA $1,292,827.00

8. Gentry General Engineering Inc., Rancho Cucamonga CA $1,389,402.75

9. EBS General Engineering Inc., Corona CA $1,813,612.00

10. PUB Construction Inc., Diamond Bar CA $1,894,556.00

11. Jergensen Construction Inc., Oak Hills CA $2,967,563.00 Redlands Regular Meeting of 12/06/2022
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existing right-of-way with no expansion of existing use of the roadway.

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
Goutam K. Dobey, City Engineer
PREPARED BY:

Elva Arellanes, Associate Engineer
Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 101400
Discussion:

There is no fiscal impact associated with this action. Funding for this Project is included in the FY 22/23 MUED approved budget.

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Attachments
A. Tryco Construction Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
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PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 6th day of December 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and Tryco General Engineering , Californi a corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: 2022 Citywide Sidewalk and ADA Ramp Replacement Project, complete all items as required by the Co ntract Documents (as herein def ined) and Specifications for City’s 2022 Citywide Sidewalk and ADA Ramp Replacement, Project No. 400022 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of one million dollars ($1,000,000) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agen t as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Fifty (150) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result i n damages being sustained by City. S uch damages are , and will conti nue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the follo wing: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

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7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Cont ractor and processed by t he City pursuant to the provisions of Part 3, Chapter 1 , Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and al l of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect t o all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

[SIGNATURES ON FOLLOWING PATE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Paul T. Barich, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

TRYCO GENERAL ENGINEERING
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
2022 Citywide Sidewalk and ADA Ramp Replacement Project Project No. 400022

Every employer, except the Sta te, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liability to pay compen sation by one or more insure rs 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 giv en 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 S ection 3700 of the Labor Cod e w hich re quires 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 th e p erformance of the work an d a ctivities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm tha t at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in a ny manner such that I become subject t o 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 certi ficate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2022.

TRYCO GENERAL ENGINEERING
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement dated December 6, 2022 (“Agreement”) whereby Principal agrees to install a nd complete certain publi c improvements (the “Work”), which said Agreement is identified as 2022 Citywide Sidewalk and ADA Ramp Replacement Project, Project No. 400022 and is hereby referred to and made a part hereof; and

Whereas, said Principal is requir ed under the terms of the Agreement to furnish a bond for the faithful performance o f the Work, now, therefore, we, the Pri ncipal an d, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of one million dollars ($1,000,000) lawful m oney of the United St ates, for the payment of which sum we bind ourselves, and o ur heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Princip al, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein prov ided, on his or its p art, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all material s and workmanship, and s hall defend, indemnif y and save harmless the City and its elected officials, of ficers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of t he obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcin g such obligations, all t o be taxed as costs and included in the judgment rendered.

As a condition prece dent to the satisf actory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreeme nt after the acceptance o f the work by the Cit y, during which time if the Principal shall fail to make fu ll, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date o f completion of the Work, and resulting from o r caused by defective materials or faulty workmanship, the above obligation i n penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is declared by the City to be, in d efault under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Work in accordance with its terms and Redlands Regular Meeting of 12/06/2022
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6 L:\ca\Agreements\Tryco Engineering PW Construction Contract-FY22-0074.doc-jm conditions, and upon determination by Surety of the lowest responsive and respo nsible bidder, arrange for a contract between such bidder and the City, and make available as work progre sses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and d amages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agr eement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City ma y reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Princ ipal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further parti cipation in the compl etion of the Work.

No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bon d must be instituted within the applicable statute of limitations period.

The said Surety, for value re ceived, hereby sti pulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be perfo rmed thereunder or the Sp ecifications accompanying the same shall in any way affect its obligations on this bond, and it do es hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement be tween the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection wi th the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
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7 L:\ca\Agreements\Tryco Engineering PW Construction Contract-FY22-0074.doc-jm (Seal and Notarial Acknowledgment of Surety) Telephone ( )___________________________

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and Tryco General Engineering (hereinafter designated as “Principal”) ha ve enter ed into an agreem ent (the “Agreement”) whereby Principal agrees to install and complete certain designate d p ublic improvements (the “Work”), which said agreement, dated December 6, 2022, and identified as 2022 Citywide Sidewalk and ADA Ramp Replace ment Project, Project No. 400022 is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with t he City of Redlands to se cure the claims to w hich refer ence is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto t he City and all cont ractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one million dollars ($1,000,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Ac t with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also i n case suit is brought up on this bond, will pay, in addi tion to the face amount thereof, costs and reasonable ex penses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed b y the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby express ly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims u nder Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to t hem or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipul ates and ag rees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the s ame shall in any manner a ffect its obligations on this b ond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

[SIGNATURES ON FOLLOWING PAGE]
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In witness whereof, this instrument has been duly executed by th e Principal and surety above named, on _______________________, 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________

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ATTACHMENT "C"
PROJECT NO. 400022 BID DATE: 2-Nov-2022
2022 Citywide Sidewalk and ADA Ramp Replacement Project EST. START DATE: 9-Jan-2023 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $18,000.00 $18,000.00 $45,000.00 $45,000.00 $51,750.00 $51,750.00 2 Traffic and Pedestrian Control 1 LS $8,000.00 $8,000.00 $40,000.00 $40,000.00 $92,000.00 $92,000.00 3 Remove and Replace 4" Thick Sidewalk 64,999 SF $9.00 $584,991.00 $7.25 $471,242.75 $7.88 $512,192.12 4 Remove and Replace 6" Thick Sidewalk 6,873 SF $9.25 $63,575.25 $10.00 $68,730.00 $11.22 $77,115.06 5 Remove and Replace 6" Thick Driveway Approach 9,035 SF $10.25 $92,608.75 $13.00 $117,455.00 $12.65 $114,292.75 6 Remove and Replace ADA Accessible Curb Ramp 45 EA $3,899.00 $175,455.00 $4,300.00 $193,500.00 $4,082.50 $183,712.50 7 Demobilization 1 LS $3,000.00 $3,000.00 $30,000.00 $30,000.00 $17,250.00 $17,250.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
*Arithmetic Error
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$1,048,312.43$945,630.00
NoYes
Active
N/A
Western National Mutual Insurance
Active
Active
Argonaut Insurance Company
$965,927.75

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No.

Stance Construction
CompanyBid Item Quantity Unit
Tryco General
Engineering AID Builders, Inc.

No
N/A No
Active Active
No
Active
Yes
Active
Active
The Gray Casualty & Surety Co.

Yes
Yes
Low Bidders #1, #2 and #3
Sheet 1 of 4
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ATTACHMENT "C"
PROJECT NO. 400022 BID DATE: 2-Nov-2022
2022 Citywide Sidewalk and ADA Ramp Replacement Project EST. START DATE: 9-Jan-2023 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $38,900.00 $38,900.00 $45,000.00 $45,000.00 $45,000.00 $45,000.00 2 Traffic and Pedestrian Control 1 LS $75,000.00 $75,000.00 $25,000.00 $25,000.00 $12,929.00 $12,929.00 3 Remove and Replace 4" Thick Sidewalk 64,999 SF $11.00 $714,989.00 $8.50 $552,491.50 $6.00 $389,994.00 4 Remove and Replace 6" Thick Sidewalk 6,873 SF $12.00 $82,476.00 $10.50 $72,166.50 $9.00 $61,857.00 5 Remove and Replace 6" Thick Driveway Approach 9,035 SF $13.00 $117,455.00 $12.00 $108,420.00 $12.00 $108,420.00 6 Remove and Replace ADA Accessible Curb Ramp 45 EA $8.00 $360.00 $6,800.00 $306,000.00 $7,200.00 $324,000.00 7 Demobilization 1 LS $20,000.00 $20,000.00 $20,000.00 $20,000.00 $277,800.00 $277,800.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price $1,049,180.00 $1,129,078.00 $1,220,000.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit Leonida Builders, Inc. CT&T Concrete Paving Inc. Doja Inc.

Low Bidders #4, #5 and #6
Sheet 2 of 4
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ATTACHMENT "C"
PROJECT NO. 400022 BID DATE: 2-Nov-2022
2022 Citywide Sidewalk and ADA Ramp Replacement Project EST. START DATE: 9-Jan-2023 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $64,000.00 $64,000.00 $23,000.00 $23,000.00 $85,500.00 $85,500.00 2 Traffic and Pedestrian Control 1 LS $30,000.00 $30,000.00 $76,000.00 $76,000.00 $55,000.00 $55,000.00 3 Remove and Replace 4" Thick Sidewalk 64,999 SF $9.00 $584,991.00 $10.25 $666,239.75 $14.00 $909,986.00 4 Remove and Replace 6" Thick Sidewalk 6,873 SF $12.00 $82,476.00 $14.75 $101,376.75 $18.00 $123,714.00 5 Remove and Replace 6" Thick Driveway Approach 9,035 SF $26.00 $234,910.00 $26.75 $241,686.25 $18.20 $164,437.00 6 Remove and Replace ADA Accessible Curb Ramp 45 EA $6,450.00 $290,250.00 $6,200.00 $279,000.00 $9,755.00 $438,975.00 7 Demobilization 1 LS $6,200.00 $6,200.00 $2,100.00 $2,100.00 $36,000.00 $36,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
EBS General
Engineering, Inc.
$1,292,827.00 $1,389,402.75 $1,813,612.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit
LC Paving & Sealing,
Inc.

Gentry General
Engineering, Inc.

Low Bidders #7, #8 and #9
Sheet 3 of 4
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ATTACHMENT "C"
PROJECT NO. 400022 BID DATE: 2-Nov-2022
2022 Citywide Sidewalk and ADA Ramp Replacement Project EST. START DATE: 9-Jan-2023 Unit Price Item Price Unit Price Item Price
1 Mobilization (Maximum 5% of total bid price) 1 LS $4,000.00 $4,000.00 $125,000.00 $125,000.00 2 Traffic and Pedestrian Control 1 LS $20,000.00 $20,000.00 $350,000.00 $350,000.00 3 Remove and Replace 4" Thick Sidewalk 64,999 SF $17.00 $1,104,983.00 $23.00 $1,494,977.00 4 Remove and Replace 6" Thick Sidewalk 6,873 SF $26.00 $178,698.00 $27.00 $185,571.00 5 Remove and Replace 6" Thick Driveway Approach 9,035 SF $25.00 $225,875.00 $29.00 $262,015.00 6 Remove and Replace ADA Accessible Curb Ramp 45 EA $8,000.00 $360,000.00 $10,000.00 $450,000.00 7 Demobilization 1 LS $1,000.00 $1,000.00 $100,000.00 $100,000.00 Last Minute Additions/Deductions $0.00 $0.00
Total Bid Price $1,894,556.00 $2,967,563.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit PUB Construction, Inc. Jergensen Construction Inc.

Low Bidders #10 and #11
Sheet 4 of 4
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JUDSON ST

W PALM AVE
N 6TH ST

BARTON RD

E PALM AVE

W OLIVE AVE

ALABAMA ST

E CITRUS AVE

W FERN AVE

E SUNSET DR

W COLTON AVE

GARDEN ST

CAJON ST

E LUGONIA AVE

TENNESSEE ST
5TH AVE

TEXAS ST

JUDSON ST

E COLTON AVE

N CHURCH ST

ALABAMA ST
FORD
ST

E LUGONIA AVE
ALES
SANDRO
RD

E CITRUS AVE

N DEARBORN
ST

ELIZABETH ST

W PIONEER AVE E PIONEER AVE

ORANGE ST

W SUNSET DR

E REDLANDS BLVD
0 900 1,800 2,700 3,600
Feet
2022 Citywide Sidewalk and
ADA Ramp Repair Project
Location Map
I
Legend:

Area A
Area B
Area C
Area D
Area E
Area F
Area G
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City Council/Successor Agency Meeting L. 3.

DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Dudek for the Wellhead Perchlorate Treatment Project for an amount not to exceed $512,170 and determination that the project is exempt from environmental review pursuant to Section 15301(b) of 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 that the Wellhead Perchlorate Treatment Project is exempt from environmental review pursuant to Section 15301(b) of the California Environmental Quality Act; and,
I move that City Council approve a Professional Services Agreement with Dudek for the Wellhead Perchlorate Treatment Project for an amount not-to-exceed $512,170.

RECOMMENDATION:

Staff recommends that City Council determine the Wellhead Perchlorate Treatment Project is exempt from environmental review pursuant to Section 15301(b) of the California Environmental Quality Act.

Staff also recommends City Council approval of a Professional Services Agreement with Dudek for the Wellhead Perchlorate Treatment Project for an amount not-to-exceed $512,170.

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DISCUSSION:

The Redlands Municipal Utilities and Engineering Department (MUED) operates and maintains more than forty (40) groundwater wells throughout the City to provide potable and non-potable water to more than 23,000 water customer account locations. These wells extract groundwater from the Bunker Hill Basin and are generally located along two (2) primary watershed conveyance channels, the Santa Ana River and Mill Creek. The City's ability to supplement surface water treatment with these groundwater wells is critically important during periods of significant drought.

Trace amounts of perchlorate, well below reportable thresholds, persist in the Bunker Hill Basin and have been detected at four (4) City groundwater well sites - the Church Street Well, the Orange Street Well, Well 38, and Well 39.

Perchlorates are commercially produced salts that are primarily used as oxidizers for pyrotechnic devices and are commonly used in rocket fuels and fertilizers. The California State Water Resources Control Board (SWRCB) regulates chemical compounds in public drinking water systems and has historically permitted the blending of water with varying chemical constituents as mitigation for the presence of specific chemical compounds. It is anticipated that the SWRCB will soon reduce the perchlorate maximum contaminant level (MCL) threshold and require public drinking water systems to employ treatment technologies such as ion exchange prior to distributing drinking water to customers.

In order to prepare for this anticipated perchlorate MCL reduction threshold, MUED staff developed a scope of work and issued a Request For Proposals in May 2022 to qualified consultants to engineer a treatment solution at these four (4) groundwater well sites. Dudek submitted the only proposal for a total cost of more than $1M, which significantly exceeds the project cost estimate. MUED staff reduced the scope of work by removing the Church Street and Orange Street well site project elements and negotiating the scope of work and fee for the remaining project elements. The revised Dudek fee for this project is $512,170, which includes $12,180 for optional tasks that may not be necessary.

The Wellhead Perchlorate Treatment Project is exempt from environmental review pursuant to Section 15301(b) of the State's guidelines implementing the California Environmental Quality Act, which exempts the operation, maintenance, repair, permitting, leasing, licensing, or minor alteration of existing public utility facilities involving negligible or no expansion of use.

ALTERNATIVES:

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

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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
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $512,170
Budgeted Y/N: Y
Account No.: 501910-6106
Discussion:

There is no fiscal impact associated with this approval. Funding for this project is included in the FY 22/24 MUED operating budget.

Attachments
Dudek Agreement Perchlorate Wellhead Treatment
Dudek Schedule
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of professional engineering services (“Agreement”) is made and entered in this 6th day of December, 2022 (“Effective Date”), by and between the City of Redlands, a mun icipal corporation (“City ”) and Dudek (“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 design and prepare plans and specifications for City for a wellhead perchlorate treatment system to be constructed in t he future (the “Services”).

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

ARTICLE 2 – SERVICES OF CONSULTANT

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

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

2.3 Consultant shall not be liable to and/or i ndemnify City and/or any third party related to any inconsistencies between Consultant’s data projections and estimates and actual costs and/or quantities realized by City and/or any third party in the future, except to the extent such inaccuracies are caused by Consultant’s negligent performance hereunder.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and s uch 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.

3.2 City shall furnish Consultant available studies, reports and other data per tinent to Consultant's services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant servi ces of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use Redlands Regular Meeting of 12/06/2022
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2 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 and reasonably rely upon all such information and services provided by City or others in performing Consultant's services under this Agreement.

3.3 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others for this project or on any other project. Any reuse of completed document s or use of partially completed documents without written verification or concurrence by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant.

3.4 City shall arrange for access to and m ake all provisions for Consultant to enter upon public and private property as required for Consultant to perform services hereunder.

ARTICLE 4 – PERFORMANCE OF SERVICES

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

4.2 The t erm of this Agreement shall be for a period of eighteen (18) months from the Effective Date of this Agreement, unless terminated earlier as provided herein.

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

4.4 Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Cons ultant's services are suspended, delayed or interrupted for the convenience of City or delays occur bey ond the reasonable control of Consultant, an equitable adjustment in Consultant's time of performance and cost of Consultant's personnel and subcontractors may be made.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for Consultant’s performan ce of the Services shall not exceed the amount of five hundred t welve thousand one hundred seventy dollars ($ 512,170). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “ B,” titled “Cost Propo sal,” which is attached hereto and incorporated herein by reference.

5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City Redlands Regular Meeting of 12/06/2022
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3 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

5.3 Any n otice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in fir st class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on t he date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contempo raneously 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:

John R. Harris, MUED Director Bob Ohlund, P.E., Vice President City of Redlands Dudek
35 Cajon Street, Suite 15A 3544 University Avenue
P.O. Box 3005 (mailing) Riverside, CA 92501
Redlands, CA 92373 (949) 373-8313
[email protected]
Phone: (909) 798-7658

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 i s 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 o f 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 insura nce carrier acceptable to City, or certification to City that Co nsultant 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 L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,00 0,000) per occurrence and Two Million Dollars ($2,000,000) aggre gate, 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 insura nce or self -insurance maintained by City.

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4 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 C. Consultant shall sec ure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.

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

E. Consultant is expr essly 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 sub contractor 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 C ity and its elected and appointed officials, employees and agent s from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property to the extent caused by any negligent act o r omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. Notwithstanding the foregoing, with respect to any professiona l liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurre d as a result of Consultant’s negligence, r ecklessness or willful misconduct.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it doe s not have any investment or interest in any real property that may be the subject of this Agre ement or any other source of income, interest in real property or investment that would be affect ed in any manner or degree by the performance of Consultant’s Se rvices. Consultant further covenants and represents that in the performance of its duties hereu nder, 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 o f 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; Redlands Regular Meeting of 12/06/2022
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5 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 (ii) issue, deny, suspend or revoke any City permit, license, applicati on, 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 wi th City and in that capacity, participate in making a governmental decision or otherwise perfor m the same or substantially the same duties for City that would otherwise be performed by an indi vidual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests , with the C ity 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 shal l, in addition to any costs and other relief, be entitled to the recovery of its reasonable att orneys’ fees, including fees for the use of in-house counsel by a Party.

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

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as h erein 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. Cons ultant 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, exp ress 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 Redlands Regular Meeting of 12/06/2022
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6 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 made, but (1) no amount shall be a llowed for anticipated profit or unperformed S ervices, and (2) any payment du e Consultant at the time of termination may be adjusted to the extent of any additio nal 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) da ys 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 proj ect related data, design calculations, drawings, specifications, reports, estimates, summaries an d 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, ledger s, 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 her ein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an y amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California , without r egard to its conflicts of laws provisions. The Parties agree that all actions or proceedings aris ing in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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

8.9 The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a resu lt of this Agreement or the performance of Consultant's services hereunder.

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7 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS DUDEK

By: ___________________________ By: ____________________________ Paul T. Barich, Mayor Bob Ohlund, P.E., Vice President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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8 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 EXHIBIT “A”

SCOPE OF SERVICES

[ATTACHED]

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Detailed Scope of Work SOW-1

DETAILED SCOPE OF WORK
Dudek and our subconsultants have carefully reviewed and collectively discussed the Scope of Work provided in the RFP.

Scoping for the Preliminary Design Phase requires little modification. Where necessary, we have included optional items that we feel provide the City with added value.

The scope of work for the Final Design Phase, however, is dependent on the results of the PDR; therefore, the approach and scope should be confirmed once the preferred alternative is selected. If the outcome of preliminary design favors changes to the approach and scope assumed for Final Design, Dudek will work with the City at that time to address any needs for a scope and fee amendment, if applicable.

Consistent with the Scope of Work provided in the RFP , the following sections summarize the proposed scope of work for each project task. Black text is the scope of work as stated in the City’s RFP, to which no additions have been made. Blue italics text represents assumptions, clarifications, and proposed optional scope items by the Dudek team. A detailed scope of work will be provided to the City upon selection of the Dudek team. The City and Dudek team will jointly develop a more detailed scope of work. The following should be viewed as a starting point for that scope’s development.

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Detailed Scope of Work SOW-2
TASK 1 - PROJECT MANAGEMENT AND QA/QC
Consultant will provide project management as outlined below, as a minimum.

Task 1.1 - Project Kick-Off Meeting
The project kick-off meeting will be scheduled immediately after receipt of a notice-to- proceed. At this kickoff meeting, project reporting/communication protocols will be established. An initial project construction schedule will be prepared including design, bidding, construction, and post construction activities. Also, any key technical issues will be discussed to establish the project guideline. This meeting will include the Consultant’s Project Manager and Process Engineer.

Consultant will prepare an agenda for MUED’s review prior to the meeting. Consultant will draft meeting minutes with action items to be distributed within five working days following the meeting.

This meeting is assumed to be held in-person at MUED’s office. Dudek has not included scope or fee for post-construction activities. Kickoff meeting will include two (2) Dudek team members and two (2) N2W team members.

Task 1.2 - Quality Assurance / Quality Control (QA/QC)
Submittals for the Preliminary Design Report, 60%, 90%, and Final Design will be reviewed by a Consultant’s senior manager knowledgeable in similar projects and not directly involved with the day-to-day project activities prior to delivery.

The Senior Manager, as part of his/her review, will review the process and operation systems of the proposed treatment plants.

Per our organizational chart, our team has designated Charles Greely, PE, LEED AP, QSD as our QA/QC manager.

Task 1.3 - Project Management
This task addresses the management responsibilities associated with proper scheduling, budget control, invoice preparation and coordination with MUED and Consultant’s project team. The City will be advised on the schedule impact of project technical decisions and the project design schedule will be consistently updated (on at least a monthly basis) to reflect current project status.

The following meetings will be held at MUED’s office in Redlands with the appropriate members of the Consultant’s project team:
 Task 1.1 - Project kick-off meeting: in-person at MUED office; 2 Dudek + 2 N2W team members in attendance
 Task 1.4 – Monthly (up to 12) Project Updates: virtual; 1 Dudek + 1 N2W team members in attendance  Task 1.5/2.7 - Preliminary Design review workshop, in-person at MUED office or at well locations; 3 Dudek + 2 N2W team members in attendance
 Task 1.6 - Design review meeting (60% Design), virtual; 3 Dudek + 2 N2W team members in attendance  Task 1.6 - Design review meeting (90% Design), virtual; 3 Dudek + 2 N2W team members in attendance  Task 1.6 - Design review meeting (Final Design), virtual; 3 Dudek + 2 N2W team members in attendance  Task 1.6 - Additional meetings (1): virtual; 3 Dudek + 2 N2W team members in attendance Redlands Regular Meeting of 12/06/2022
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Task 2 - PRELIMINARY DESIGN REPORT
Task 2.1 - Progress Meetings, and Updates
Consultant will hold monthly conference call meetings. Consultant will prepare an agenda for MUED’s review prior to the conference call meeting. Consultant will draft meeting minutes with action items to be distributed within five working days following the meetings. Consultant will also provide MUED weekly project updates which will consist of an email report.

The weekly project updates will identify and discuss project issues, coordination efforts, action items, schedule, budget, and other items of concern. Dudek will create a standing monthly progress meeting (Zoom or MS Teams) with the design and MUED team, per Task 1.4.

Task 2.2 - Preliminary Design Report
Objective: Establish agreement on design criteria, perform utility research, identify permit requirements, identify requirements required from the City, create preliminary site layouts, and establish performance requirements and project approach.
 Design criteria for the proposed ion exchange treatment systems,  Applicable codes and standard, including fire and safety codes,  Local building, planning, and zoning department requirements,  Permitting requirements, (Tasks 2.5 and 2.6)
 Site consideration, flood elevations, drainage requirements, etc.,  Preliminary site plan, layouts, and architecture,
 We recommend holding a workshop at proposed treatment facility locations during the PDR phase to gain consensus on equipment layouts and any height/location/access constraints.  Architectural renderings, up to two rendering versions, will be provided showing the overall site, building elevations, and vessel elevations,
- Dudek does not anticipate architectural renderings will be necessary and no buildings will be designed.

Dudek will provide 3D CAD renderings to show tank elevations.  Process schematic,
 Preliminary process and instrumentation diagrams (P&IDs),  Equipment design criteria,
 On-site sodium hypochlorite disinfection system, and design criteria, - Dudek assumes the existing sodium hypochlorite disinfection system will require replacement.  Standby power requirements and design criteria, (Task 2.3)  Process and hydraulic systems,
 Operational monitoring and control systems (SCADA requirements), - Dudek document SCADA requirements for each site. Dudek assumes City will use its own SCADA integrator for each well site
 Electrical demands and systems,
 Coordination with SCE to meet anticipated electrical demands,  Structural design criteria,
- The City may opt for sunken slab design to help meet tank height restrictions. This will require additional structural evaluation, which has not been included in the current scope and fee.

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 Miscellaneous support systems,
 Utility research, (Task 2.4)
 Preliminary drawing list,
 Design concepts and alternatives as developed to meet project goals and objectives,  Proposed construction features and materials selection for proposed facilities. Materials will confirm to the City’s standards and be coordinated with other City facilities to the greatest extent possible.  Project schedule including design, bidding, and construction activities,  Preliminary opinion of probable construction costs, and  Other elements of the project, as required, to achieve the project goals and objectives.

MUED will review the findings in the report and provide input for finalizing the PDR. (Task 2.7) OPTIONAL TASK 1 – Rapid Small Scale Column Testing
 We recommend the City include RSSCT as an optional task (refer to Approach section for information on the value of conducting RSSCT). Dudek will coordinate this effort with up to three (3) resin suppliers. The City will be responsible for sample collection and paying testing fees. Results of the RSSCT will be included as a section in the PDR. Preliminary design of the ion exchange systems will be based on the highest value resin and will provide the design team with estimated resin replacement frequencies, bases for supplier process guarantees, and grounds for preselection of ion exchange supplier(s).

Task 2.3 - Evaluation of Emergency Standby Generator
The Consultant will prepare a technical memorandum addressing the following information about features of power generators for this project:
 Generator sizing,
 Fuel tank sizing,
 Noise compliance with City ordinance,
 SCAQMD compliance,
 Site space requirements,
 Auto transfer switch and electrical
The standby generator memo will be a separate TM and can be included as an appendix to the main PDR. It is assumed that a single standby generator will be required at each location to power all onsite equipment. AQMD permit application fees are the responsibility of the City. The standby generator specification will require the selected contractor to procure the AQMD certified genset.

Task 2.4 - Utility Research
The Consultant will research and obtain available maps for water, sewer, electrical, gas, telephone, storm drain, cable TV, and other known utilities in the project area, to plot the available utility information on base maps. Data relevant to the engineering work to be performed will be identified, collected, and assembled. The primary purpose will be to identify data required from the City, utility companies, permittees, agencies with a vested interest in the project and other sources to ensure that the design proceeds in accordance with the requirements of the many entities involved. Information will include, but not be limited to, existing maps, reports, record drawings and other data that are readily available in hardcopy or electronic format. A list of all the requested documents collected under this task, including a brief item description, will be provided to the City.

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Detailed Scope of Work SOW-5
Dudek will create a formal information request log to track requests and delivery of information. A ShareFile or OneDrive file sharing system will be created by Dudek and used by the team to transfer and store large files. Dudek will coordinate with the City any required survey and potholing.

Task 2.5 - Permitting
In accordance with the permit requirements, Consultant shall obtain permits from affected agencies for construction of the project. Consultant shall submit detailed plans, as required, to assist the affected jurisdictional agency. Consultant will include a table with a list of affected agencies and include any agency special requirements that may impact the project and timeframe for acquiring required permits.

Dudek anticipates affected jurisdictional agencies to include DDW,. Building and safety permitting effort has not been included in this scope of work. Coordination with additional agencies will require additional scope and a fee amendment.

Task 2.6 - CEQA
Consultant will prepare California Environmental Quality Act (CEQA) compliance document. It is anticipated that a Mitigated Negative Declaration (MND) will be the appropriate CEQA environmental determination for this project. This will be confirmed during the development of the PDR.

Our approach is to pursue a Categorical Exemption (Optional Task 2). However, it is prudent for the City to plan for an MND. Dudek has the resources to provide the items listed below in the development of an MND.

Dudek to prepare CEQA compliance document. It is assumed that a Categorical Exemption will be the appropriate environmental document for this project based on CEQA Guidelines §15302 and 15303. Dudek will prepare a justification memo with brief project description and complete the exemption form on behalf of the City.

To accomplish the goal of CEQA compliance for the City, four tasks are identified as follows:

Task 2.7 - Review Workshop of Draft Updated Preliminary Design Report Anticipate three (3) City reviews of the draft PDR. Consultant will hold one 4-hour workshop for the initial submittal of the Draft Preliminary Design Report in order to walk through the treatment process, equipment, and O&M procedures in detail, along with pros and cons of the different ion exchange media options available in the marketplace. Consultant’s Project Manager and Process Engineer will participate in the meeting.

Consultant will prepare an agenda for MUED’s review prior to the meeting. Consultant will draft meeting minutes with action items to be distributed within five working days following the meetings. Consultant will hold one additional workshop prior to finalizing the PDR. Consultant will submit 5 copies and a PDF file for each submittal.

We recommend adding an in-the-field workshop during the PDR phase to review options and determine the extent of any visual impact mitigation measures (e.g., screening of tanks, sunken foundation design, etc.). This workshop can be extended to the proposed treatment facility near Church Street Well if necessary.

Our schedule includes 3 rounds of City review of the draft PDR, with each City review period lasting 5 working days.

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Task 2.8 - Final Updated Preliminary Design Report
Consultant will submit 5 copies and a PDF file along with one copy in electronic Microsoft “Word” format of the Final Updated PDR.

Dudek assumes that no final design report presentation is required.

Task 2.9 - Treatment Equipment Recommendation
The City is requesting that the Consultant pays high attention to the treatment equipment in the preparation of plans and specifications as described below.

Vessel Selection Specifications
Based on the finding during the updated PDR task, the Consultant will prepare specifications and preliminary drawings for the selection of the treatment vessels and appropriate appurtenances. The Consultant will take into consideration MUED’s experience with past treatment equipment for similar application. The Consultant will also review other treatment equipment available in the industry today. The Consultant shall recommend to MUED the treatment equipment suitable for this application based on performance, historical data, lead time, and costs. Upon conferring with MUED and obtaining MUED’s input, the Consultant shall prepare the specifications for the recommended treatment equipment OR EQUAL.

As noted in our Approach, we agree with the City that the vessels and ion exchange system as a whole require special attention. We recommend pre-qualifying the ion exchange vendors based on past City experience and the results of RSSCT. We will prepare specifications and designs to meet the City’s project needs. These may include preselection, prequalification, process guarantees, and/or material requirements.

TASK 3 - FINAL DESIGN
Our Final Design scope of work is based on several assumptions discussed below. This scope of work is subject to change if the results of the PDR direct the team toward a different final design scenario. Please view the following only as preliminary assumptions. Final design scope of work will be refined after the PDR phase of the project.

We are assuming the PDR phase will indicate that one (1) treatment system will be designed and constructed. One IX treatment system will be located at Well #39 and have the ability to treat flow from both Well #38 and Well #39.

The new treatment facility will include:
 Pre-treatment bag or cartridge filters (1 duty + 1 standby),  Packaged Ion Exchange (IX) Treatment System,
- Lead-lag trains,
- Valve manifold for alternating lead and lag vessels,
- Industry standard appurtenances, including fill lines, manways, pressure gages, rupture discs, and manual valves,
 Instrumentation limited to flow switch and differential pressure gages, - New flow meters, pressure gauges, and pressure transmitters  Chemical feed,
- Review existing chemical feed system and propose additional or updated equipment where necessary including items listed below,
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- New sodium hypochlorite storage and dosing system,
- Chemical injection point(s),
- Chlorine residual analyzer,
 PLC controls,
 Associated work,
 Analysis, recommendations, and design related to pressure zone changes, - Dudek’s current scope of work assumes that the existing pumps at each site will have capacity to accommodate the additional headloss through the ion exchange system with minor modifications (e.g. replace pump impeller). Our scope and fee will need to be amended if the PDR finds that new pumps and new electrical systems are required.
 Site work and piping,
 Electrical and Instrumentation & Control, and
 Backup generators (evaluate fixed vs. portable).

The Scope of Work will be based on the following assumptions:

1. Consultant will prepare bid documents for one (1) construction contract.

2. If any construction takes place within public rights-of-way, review by MUED is required,

3. Five copies of project deliverables along with an electronic Microsoft “Word” and PDF will be submitted unless otherwise noted.

4. It is anticipated that the results of the CEQA Initial Study will be a Mitigated Negative Declaration.

We will include preparation of an MND in our base scope of work as well as scope for preparing a Categorical Exemption as an optional task.

5. MUED will pay all outside agency application and permit fees.

6. MUED staff will distribute Construction bidding documents through PlanetBids and maintain an active bidders list.

Consultant will tabulate bids, and evaluate bid documents of the top three bidders, confirm the contractor’s license, and verify references, and make a recommendation for award to the lowest responsible bidder.

Dudek will include Bidding Support Services as a scope item (Task 3.4.4). As noted in our Approach, we recommend that the City pre-qualify potential Contractors. Dudek has included as Optional Task 3 coordination with these Contractors and discussion on constructability, cost, and schedule.

Task 3.1 - Topographic Survey
Consultant will perform aerial and ground topographic survey and prepare base maps with 1-ft contours developed for the treatment plant site (1" = 20' scale). The work includes survey to tie in the horizontal and vertical positions of any potholed utilities.

Task 3.2 - Potholing
Existing record drawings shall be reviewed to locate on the topographic maps all known underground utilities. Field verification will be performed by Consultant to visually confirm utility locations by features visible from the surface. At Redlands Regular Meeting of 12/06/2022
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Detailed Scope of Work SOW-8
certain key locations, potholing of critical areas and follow-up survey services may be required. For purpose of this RFP, Consultant should assume that a total of six potholes (four less than 5 feet deep, one 5 to 8 feet deep, and one 8 to 11 feet deep) will be performed for utility verification and pavement repair (where applicable). The consultant will need to obtain all required permits to perform the work within the project area.

Task 3.3 - Geotechnical Investigation
Consultant will perform a geotechnical investigation that will include the following:
 Review of available geotechnical investigation reports for the existing sites.  Drill two (2) test borings to depths of 10 feet below ground surface and 20 feet below ground surface.  Laboratory testing on selected soil samples to evaluate the pertinent engineering characteristics of the soils underlying each site.
 Development of seismic design criteria developed for each site in accordance with the latest CBC Standards.  Evaluation of the field and laboratory data to develop conclusions and recommendations for foundation design, general site grading, pavements, and settlements due to structural loads and newly placed fill.  Preparation of a written report presenting the results of field and laboratory investigations with conclusions and recommendations.

The consultant will need to obtain all required permits to perform the work within the project area.

The above-references tasks 4.2 Topographic Survey, 4.3 Potholing, and 4.4 Geotechnical Investigation shall be conducted as early as possible in the design process to enable the Consultant to base 60% plans on the findings of these tasks.

Each of our survey, potholing, and geotechnical subconsultants has reviewed the City’s RFP for this project and, with Dudek’s direction, has provided detailed scopes of work based on many project-specific assumptions. Detailed scopes of work for survey, potholing, and geotechnical subconsultants are provided in the Appendix of this scope of work.

Task 3.4 - Contract Documents
Final Design of the facilities will proceed based upon the approval of the final updated PDR. The Final Design will incorporate the design criteria and technical approach presented in the PDR.

The detailed Final Design will produce contract documents for public bidding of the project. The contract documents will include front-end documents, technical specifications, and contract drawings. Consultant will prepare the front-end documents using MUED’s standards which will be reviewed to confirm as it references the technical specifications.

Technical specifications will be prepared using Construction Specifications Institute – CSI format for all equipment, materials and services required for construction of the project. Upon completion of the design, the specifications will be submitted to MUED in Microsoft “Word” format on a CD-ROM.

Contract drawings will be prepared on MUED standard sheets (24” x 36”) using AutoCAD 2018. MUED standard details will be used, where applicable.

All designs will be in accordance with building, plumbing, electrical, mechanical, and structural design codes current at the time detailed design is started. Plans and profiles shall be shown for all buried pipes 12-inches in diameter and larger.

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All drawings will be signed and stamped by the engineer registered in the State of California responsible for their preparation.

Task 3.4 will be broken into subtasks based on design level. Deliverables will include plans, specifications, and cost estimates.

The bid package will be submitted to the MUED for review and comment at the following milestones:
 Task 3.4.1 - 60% Submittal: The 60% submittal will include demolition, civil, mechanical, architectural, structural, electrical, and instrumentation drawings; typically, this will include more developed plans, preliminary sections and a first draft of standard details. A detailed Building Information Model (BIM) or 3D CAD will be developed to ensure there are no conflicts with all facility components and appurtenances. A draft of the front-end specification documents and a table of contents for technical specifications will be prepared for this submittal. A preliminary Engineer’s construction estimate will be prepared.  Task 3.4.2 - 90% Submittal: The 90% submittal will incorporate MUED's comments from the 60% submittal and include substantially completed plans and sections, updated BIM or 3D CAD, and substantial completion of the specifications for the MUED's review and comment. The Engineer’s construction cost estimate will be updated based on 90% design level. A preliminary construction schedule will be submitted.  Task 3.4.3 – Final Submittal: The Final submittal will incorporate MUED's comments from the 90% submittal and include complete plans and sections, BIM or 3D CAD, and specifications for the MUED's final review and comments, including an updated Engineer’s construction cost estimate, and project schedule.  Task 3.4.4 - Bid Documents: Bid documents will include the design drawings submitted on mylar, 24- inch by 36-inch, signed and stamped sheets. Final signed specifications, project construction cost estimate, and project schedule will be included.
 Dudek will tabulate bids, and evaluate bid documents of the top three bidders, confirm the contractor’s license, and verify references, and make a recommendation for award to the lowest responsible bidder.

Our proposed schedule allows the City ten (10) working days to review each submittal followed by a Design Review Meeting. The short review period is required to meet project schedule.

ENGINEER’S OPINION OF PROBABLE CONSTRUCTION COST
Consultant will prepare an opinion of probable construction cost (EOPCC) for the facilities designed. The preliminary construction cost estimate will be prepared based on the 60% and 90% plans. Upon completion of design, the construction cost estimate will be updated to reflect any design revisions made between the 90% plans and the Final submittal. The construction cost opinion will use the current Construction Cost Index for the Los Angeles County region.

The estimate shall be adjusted to consider current construction climate, materials, and labor costs.

Dudek’s EOPCC will be included with submittal of 60%, 90%, and final plans, specifications, and estimates (PS&E):

Deliverables
Consultant will submit the following documents:
 60% Submittal: 5 copies of full and half-size drawings and a PDF of the draft spec, construction cost estimate, and project schedule,
 90% Submittal: 5 copies of full and half-size drawings, a PDF of the draft spec, construction cost estimate, and project schedule,
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Detailed Scope of Work SOW-10
 Final: 5 copies of the final full and half-size drawings, 2 sets of bound specifications, and a PDF of all final documents including an updated construction cost estimate, and project schedule.
 Bid Documents: One set of signed mylars of the plans. A PDF file and Microsoft “Word” file of the project specifications, project cost estimate, and project schedule, will also be provided.

TASK 4 - WATER TREATMENT OPERATION’S PLAN
Consultant will assist with providing supporting documentation for the City to obtain an Operating Permit Amendment from the State Water Resources Control Board (State Board) Division of Drinking Water (DDW).

Operations Plan
Consultant will develop one Operations Plan for the Treatment Projects for Church Street Well, Orange Street Well, Well #38, and Well #39. The Operations Plans will include the following components:
 Water Quality,
 System & Controls,
 Treatment System
 Chemical Feed Equipment,
 Product Water Discharge and Bypass System,
 Ventilation/Alarm System.

Within these components, the Operations Plan will describe the following:
 Unit processes (pre-filters, ion exchange, chlorination),  Reliability features,
 Component condition assessment procedures,
 Performance monitoring plan, including sampling plan, and required laboratory procedures,  Unit process equipment maintenance and inspection program,  Procedures to determine chemical dose rates,
 Plan and watershed emergency response plan (provided by MUED).

Consultant will coordinate with MUED on the development of the Operations Plan and will provide Draft copies of the Operations Plan for MUED’s review at 60% and 90% completion level of the Operations Plan. Consultant will incorporate MUED’s review comments from the 60% and 90% submittal and submit a final copy to MUED for inclusion in the MUED Operating Permit Amendment application. MUED will be responsible for submitting the Operating Permit Amendment to the State Board's Division of Drinking Water (DDW) and pay all permit fees.

Deliverables
Consultant will provide the following deliverables:

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Detailed Scope of Work SOW-11
 Draft (60% completion) Operations Plan, three (3) hard copies and an electronic file in PDF format,  Draft (90% completion) Operations Plan, three (3) hard copies and an electronic file in PDF format,  Final Operations Plan, three (3) hard copies and an electronic file in PDF and Microsoft “Word” format.

Dudek recommends that the Water Treatment Operations Plan (WTOP) be developed in parallel with the construction of the treatment facilities to allow for inclusion of most updated equipment and materials resulting from final design and submittals. Ten (10) days for City and DDW draft WTOP review have been included in our proposed project schedule.

Our proposed schedule includes a construction schedule. However, it is noted here that our scope and fee do not include engineering services during construction or construction management. These services can be provided by Dudek under contract amendment or separate contract.

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Detailed Scope of Work SOW-12
Appendix - Survey, Potholing, and Geotechnical Scopes

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Detailed Scope of Work SOW-13
Survey Scope of Work
Topographic Survey
A design level Topographic Survey (conventional field survey) will be provided for the area as outlined in the aerial picture shown on Exhibits "A" - “D” (the Site). The boundary component of the survey will include a field boundary verification denoting current property lines and easements of record as shown on current recorded maps, as available. The items to be included are as follows:

Survey Control

1. The vertical control will be based on the North American Vertical Datum of 1988 (NAVD 88). A local municipal benchmark will be used, if available.

2. The horizontal control will be based on the California State Plane Coordinate System of 1983 (NAD 83).

Survey Features

3. Survey observations will be taken on a 50-foot natural ground grid and 25-foot finish surface grid to create 1-foot contour intervals. Spot elevations will be at back of walk/sidewalks, top of curbs, flow lines, gutter edges, street crowns, high/low points, top and toe of slopes, grade breaks, finish floors, driveway aprons and handicap ramps.

4. Spot elevations to determine the water flow of adjacent streets and catch basins that terminate or commence offsite and flow within the Site.

5. Location of signing and striping within the Site.

6. Location of trees over 6 feet in height, regardless of caliper, within the Site.

Utilities

7. Location, elevation, size, and type of visible above ground utilities within the Site and within 25 feet on adjacent properties, if access is allowed.

8. Flow line invert elevations and sizes of drain inlets, sanitary sewer and storm drain manholes adjacent to the Site, unless bolted down.

9. Nearest public fire hydrants within the Site. If none are within the Site limits, the nearest two shall be provided.

10. If marked, existing utilities that are identified as painted striping from USA markings will be surveyed.

11. The research and plotting of record underground utilities and the hiring of an underground utility locating company are not included in this proposal.

Survey of Utility Potholes (If Applicable)

12. Calvada will survey up to 10 potholes in a separate mobilization after they have all been completed.

Exhibit and Legal Description Preparation (If Applicable)

13. An exhibit and legal description will be prepared for future land acquisition. Calvada will be responsible for the preparation of legal descriptions & plats of any required easements/takes but not for the acquisition of the property or the recordation of the documents.

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Detailed Scope of Work SOW-14

DELIVERABLES

1. AutoCAD (Civil 3D) drawing, version 2018 or lower, including 3D surface file(s).

2. Signed and stamped PDF file.

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Detailed Scope of Work SOW-15
Potholing Scope of Work
AirX Utility Surveyors, Inc. (AirX) submits the following Agreement Proposal for the subject project to locate existing utilities.

Available tasks are described below. See the attached fee summary sheet for the assumed task requirements and fee estimates.

AirX shall provide Utility locating, USA markout and pothole layout, potholing, traffic control plans, permits, equipment and all materials in support of this mission. Please contact us immediately if that is not the case. No equipment shall be left on site and all materials and work for a given work area will be opened and completed on a daily basis.

Training & Staff
AirX takes pride in the level of professionalism and skill exemplified by our field crews and staff. Our ongoing training programs consist of: 40 Hour HAZWOPER, NUCA Confined Space Entry, Competent Person, Traffic Control Technician/Flagger and Emergency First Aid/CPR. Job site and public safety are always our top priority.

Project Management, Report Preparation, Research & Drafting AirX provides a civil engineer for project management, record research, pre-marking, and field meetings. Utility record research, land survey and drafting services in Auto CAD are also available.

Traffic Control
AirX provides an all-inclusive traffic control service. We furnish AutoCAD-rendered Traffic Control and Right of Way Plans (ROW) to facilitate permit approvals from city and state agencies. AirX has the highly-skilled and certified technicians and work zone flaggers to manage vehicle traffic. Equipment Set-up and tear down are part of this service.

Potholing (Level A)
AirX fees to pothole existing utilities vary according to depths. AirX will pothole to the top of pipes, and to the top and bottom of encasements, however the bottom depths of pipes will need to be calculated. Potholing includes excavation, visual observation, setting witness point, backfill, patching and documentation of depths and location of the utility on a record data sheet. AirX assumes a depth for this estimate but the final invoicing will reflect the actual cost and depths found. See the attached summary sheet for estimated depths and costs.

Geophysical Locating (Level B)
AirX will pre-mark all of the pothole locations and notify Underground Service Alert (USA). AirX will pothole the facilities in accordance with USA Markout. If the requested utilities are not found or if USA Mark-out is incomplete and cannot be verified by AirX, you the Client will be notified. AirX does provide additional locating upon request. It is our experience that the location of PVC and ACP water utilities are often the most difficult to determine for pothole operations. AirX can provide locating crews that carry many different pieces of locating equipment, including ground penetrating radar and CCTV locating camera equipment.

The equipment is state of the art, but limitations exist with each piece of equipment depending on such factors as soil conditions, conductivity of the existing utility, depth and size of the utility, and congestion within the area of other utilities. USA does not mark out any gravity utilities except at the discretion of the presiding utility owner. This usually applies to storm drain, collector sewer and sewer laterals (gravity by nature), and some utility owners are not members of USA. AirX provides duct rod locating with a sonde transmitter and receiver and/or a tractor driven CCTV with locating and lateral launching system used to identify positioning of sewers and sewer laterals. For Locating and/or CCTV work please call for a quote.

Utility Locating by Surface Visible Feature Survey (Level C) AirX can provide the incorporation of visible features into the Level B survey. It is assumed that topographic mapping with the incorporation of surface features and utility mark outs, manholes, valve box covers, vaults, hand holes, pedestals, switches, transformers, placarded panels and meters will already have been performed and made available to AirX. AirX will check and annotate on the plotted utility survey or civil drawing the approximate location of undocumented facilities for later identification by land surveyors. Land survey and mapping service are also available, please contact us for a quote.

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Detailed Scope of Work SOW-16
Limitations
AirX will make every effort to locate and mark-out the utilities in the requested area in the time allowed. Some limitations exist with locating methods based on the type of soil conditions encountered: Heavy cobble, groundwater, rock or dense clay soil conditions and buried debris that may render locating useless. Closely aligned but unrelated facilities may distort the surface field manifestations and yield phantoms or null fields. If adverse conditions are encountered AirX will cease the current operation and attempt to contact the client for further directions. AirX requires access to as many as-built drawings, architectural site and building plans as can be acquired. Utility mark out will reflect the alignment and horizontal positioning of the utility only. Estimated depth determinations for this project can be provided but are not considered reliable due to the number of interfaces penetrated and actual depths should only be determined through potholing or submarine visual measurement.

Should litigation at law or equity, including an action for declaratory relief, be brought to enforce or interpret any term or provision of this Agreement Proposal, or to collect any portion of the amount payable under this Agreement Proposal, all litigation and collection expenses, witness fees and court costs, including attorney’s fees, shall be paid to the prevailing party. The Client shall indemnify and hold AIRX harmless with regard to all liability or claims of any kind, including all investigation and defense costs, connected directly or indirectly with this project.

Additional Notes, Fees and Exclusions:
• ALL PERMIT FEES WILL BE CHARGED BACK TO THE CLIENT AT COST PLUS 10%. THIS INCLUDES ANY DEPOSITS, BONDS, OR OTHER ASSOCIATED FEES THAT MAY BE REQUIRED. AirX cannot guarantee turn-around times for permit process. • This estimate INCLUDES the provision for prevailing wage, applicable to all field work. Prevailing Wage rates are set by the California Department of Industrial Relations (DIR) and subject to change annually per DIR regulations. Federal prevailing wage rates will also apply, if applicable.
• DIR Determination: SC-102-1184-1 Craft: Horizontal Directional Drilling (Laborer) was used for the Project Management, Potholing, Locating and Traffic Control Flagging rates. If the Determination used is not correct, you must notify AirX Utility Surveyors immediately, so we can revise the estimate.
• This estimate is only based on limited information provided. Adjustments, changes and response to field conditions may incur added costs. Final invoicing will reflect actual work hours performed and services provided. • AirX will make a good faith effort to locate and mark all utilities. However, due to utility depths, types of material, etc. some utilities may not be locatable or found. AirX requests that as-builts or maps be provided. • Client to facilitate access to site. We also request that access be provided to any utility cabinets or facilities in the area. • Potholing and Excavation rate applies to typical conditions of asphalt or concrete surface material 6" - 8" in depth and diggable soil conditions. Excessive surface material, concrete beneath asphalt, cobble, dense clay, CTB base, slurry, caliche or another medium will be charged at the hourly rate listed on this estimate. • Utility Locating: Minimum charge of 2 hours for Locating. Locating includes electromagnetic, magnetic, sonic locating equipment. Also, GPR, duct rods, hand tools, gas testers, blowers & miscellaneous equipment pertinent to the trade. • Utility Re-Marking: Utilities previously marked and subsequently lost due to conditions beyond our control shall not be the responsibility of AirX. Re-marking will be charged at the utility locating rate indicated on the estimate provided. • This estimate is under the assumption that all potholes will be no more than 5’ in depth. If deeper, it will be charged at the hourly rate above.
• This estimate is under the assumption that 8hrs of work can be performed on site daily. If work hours are reduced, this estimate will need to be revised.
• The Traffic Control has been estimated 6 Sheets only for this quote but will be billed @ actual required.

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Detailed Scope of Work SOW-17
• Traffic control and Right of Way plan drawings are on 11"x17" sheets. If D Sheets are required, additional fees will apply. If the TC plans are required to be prepared and approved by a Registered CA Civil Engineer, the cost is $250 per sheet, plus $120 per hour travel time.
• PE Stamps are not included. If required, please ask for a revised estimate. • Standard traffic control includes all signs, cones, barricades, sign stands and caution tape and 1 arrowboard, unless otherwise specified. Specialty equipment such as non-typical signage, crash barrels, message boards or K-Rail is available @ cost, plus 10%.
• AirX can provide certified flagman or additional laborers as needed at a rate of $150 per man/hour. • This estimate includes up to 2 - AC Hot Patches with a 3' x 3' T-Cut only. Cap & Grind Excluded. If required, please ask for a revised estimate.
• The client will be responsible for providing a detailed pothole layout prior to field work beginning. • This estimate includes hauling and dumping of excavated material daily. • Materials: Pricing allows for backfill of sand & Class II Base only. Also includes patching with AC Cold Patch. Please request revised quote if other backfill, patching material or AC Hot Mix/Grinding is required. • Railroad Right of Way: Railroad Protective Liability Insurance will be required for all work within railroad right of way and may require Railroad-designated flagging and utility mark-out personnel. Coordination of personnel may affect schedule of work. Final fees will be paid for by AIRX and charged back to the Client at cost plus 10%. • Hazardous Spoils: Testing, Storage, and Disposal of any material, hazardous or otherwise, will incur additional charge and based on project requirements. If required, fees will be paid for by AirX and charged back to the Client at cost plus 10%. • Specialty training, due to project requirements, may incur added time and cost and affect schedule of work. • Work within Caltrans, railroad, environmentally sensitive or contaminated areas may incur additional costs. • Night work, if required, will incur additional cost for balloon lighting, generators and barricade lights. • All rates are based on a standard 40-hour work week. Overtime, double time or holiday rates will apply, if applicable. • Project Management: Includes USA mark-out & standby coordination, QA & QC of pothole locations and Pre-Con Meeting. • Payment terms are 30 days from date of invoice, plus 1.5% per month thereafter.

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Detailed Scope of Work SOW-18
Geotechnical Services Scope of Work
Task I: Project Set-up
As part of the project set-up, staff personnel from our office will conduct the following.  Perform site reconnaissance to verify existing conditions.  Review existing geology/geotechnical reports for the property or in the vicinity (if available).  Stake/mark the boring locations in the field such that drill rig access to all the locations is available.  Obtain a no-fee permit from the City of Redlands Public Works Department to drill within their right-of-way.  Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the boring location of any conflict with existing underground utilities.

Task II: Subsurface Exploration
Our subsurface exploration will consist of drilling exploratory borings. The purpose of the borings will be to:
 Obtain subsurface information at the site.
 Obtain undisturbed and bulk samples of the various soil types for laboratory testing.  Record depth to bedrock or groundwater (if encountered).

We plan to drill one boring to 10.0 feet below the existing ground surface. If refusal is encountered before the planned depth is reached, the boring will be terminated at that depth. The boring will be drilled with a truck-mounted (CME 75 or equivalent) rig equipped with 8-inch diameter hollow-stem auger for soil sampling. Relatively undisturbed ring and bulk samples of the subsurface soils will be obtained at frequent intervals in the boring. The undisturbed samples will be obtained with a California Modified Sampler (2.4-inch inside diameter and 3.0-inch outside diameter) lined with thin sample rings. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height). The central portion of the sample will be retained and carefully sealed in waterproof plastic containers for shipment to our laboratory. Bulk soil samples will be collected in plastic bags and brought to our laboratory.

The mechanically driven hammer for the sampler is 140 pounds, falling 30 inches for each blow. The number of successive drops of the driving weight (“blows”) required for each 6 inches of penetration will be shown on the boring log.

The boring will be backfilled with soil/cement mix. If construction is delayed, we recommend the owner monitor the boring site and backfill any settlement or depression that might occur or provide some protection around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement.

Task III: Laboratory Testing
Laboratory testing will include, but may not be limited to, the following.  In-place moisture and density
 Expansion index
 R-Value
 Sieve analysis
 Laboratory maximum density
 Direct shear

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Detailed Scope of Work SOW-19
Task IV: Engineering Analyses and Report Preparation
Data obtained from the exploratory boring and the laboratory testing program will be evaluated. Engineering analyses will be performed to develop design and construction recommendations that will be presented in a geotechnical investigation report.

Each report will include the following items.
 A description of the field procedures used in the investigation.  A discussion of the materials encountered in the exploratory borings and their engineering properties  Logs of the exploratory boring summarizing the soil conditions encountered and a plan indicating the locations of the boring.
 Depth to groundwater, if encountered, and its impact on the proposed development.  Discussion on the laboratory test results, including soils corrosivity.  Seismic coefficient based on 2019 CBC.
 Discussion on liquefaction and other secondary effects of earthquake (based on available data).  At-rest, active and passive earth pressures.
 Total and differential settlement.
 Allowable soils bearing capacity.
 Mat foundation design recommendation.
 Minimum footing embedment.
 Temporary excavation slopes recommendation, if any.
 Site Grading recommendation.
 Fill and backfill materials placement and compaction.  Pavement design for access road.
 At grade slab design.
 Soil parameters for pipe design.

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9 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 EXHIBIT “B”

COST PROPOSAL

[ATTACHED]

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City of Redlands
Perchlorate Wellhead Treatment Design Project

DUDEK FEE ESTIMATE
10/17/2022
Project Team Role: PIC - QA/QC
Project
Manager Site Civil
Project
Engineer
CAD
Designer Env Admin
Process/
Mechanical Electrical Geotechnical Structural Survey Pothole Team Member: Metts/ Greely Guillen Robertson Bugala Hunter Martini Kinney TOTAL DUDEK DUDEK LABOR N2W Wright Converse AQX CalVada AirX OTHER DIRECT Billable Rate : $285 $245 $240 $185 $185 $175 $145 HOURS COSTS Fee Fee Fee Fee Fee Fee COSTS TOTAL FEE Task 1 Project Management

1.1 Project Kickoff Meeting (In-Person) 4 6 10 2,090$ $2,000 300$ 4,390$

1.2 QA/QC 12 12 3,420$ 3,420$

1.3 Monthly Invoicing and Billing Reports 12 6 18 3,810$ 3,810$

1.4 Monthly Project Updates (Virtual) 12 12 2,940$ $3,000 5,940$

1.5 PDR Review Workshop (In-Person) 6 6 6 18 4,020$ $3,000 300$ 7,320$

1.6 Design Review Meetings (Virtual x4) 8 8 8 24 5,360$ $4,000 1,200$ 10,560$ Subtotal Task 1 12 42 14 20 6 94 21,640$ 12,000$ -$ -$ -$ -$ -$ 1,800$ 35,440$ Task 2 Preliminary Design Report

2.1 Progress Meetings and Updates (See Task 1.4) -$ -$

2.2 Preliminary Design Report 16 16 36 12 80 16,640$ $12,000 28,640$

2.3 Evaluation of Emergency Generator 2 8 10 1,970$ $1,600 $4,000 7,570$

2.4 Utility Research 4 12 12 12 40 8,300$ 8,300$

2.5 Permitting 4 8 12 2,460$ $1,600 4,060$

2.6 CEQA - Categorical Exemption 8 24 32 5,680$ 5,680$

2.7 Review Workshop (See Task 1.5) - - - - - - - - -$ -$

2.8 Final Updated PDR 2 4 4 24 8 42 8,430$ $3,200 11,630$

2.9 Treatment Equipment Recommendation 2 2 490$ $3,200 3,690$ Subtotal Task 2 2 32 32 96 32 24 218 43,970$ 21,600$ 4,000$ -$ -$ -$ -$ -$ 69,570$ Task 3 Final Design

3.1 Topographic Survey 2 2 2 4 10 2,080$ $8,000 10,080$

3.2 Potholing 2 2 2 4 10 2,080$ $6,000 8,080$

3.3 Geotechnical Investigation 2 2 2 4 10 2,080$ $12,000 14,080$

3.4.1 Contract Docs - 60% PS&E 16 32 80 80 208 41,200$ $54,000 $10,000 $7,500 112,700$

3.4.2 Contract Docs - 90% PS&E 16 32 80 80 208 41,200$ $54,000 $10,000 $7,500 112,700$

3.4.3 Contract Docs - Final PS&E 16 32 80 80 208 41,200$ $54,000 $10,000 $7,500 112,700$

3.4.4 Contract Docs - Bid Documents 8 12 12 8 40 8,220$ $6,000 200$ 14,420$ Subtotal Task 3 62 114 258 252 8 694 138,060$ 168,000$ 30,000$ 12,000$ 22,500$ 8,000$ 6,000$ 200$ 384,760$ Task 4 Water Treatment Operation's Plan

4.1 Operations Plan 4 24 28 5,420$ $4,800 10,220$ Subtotal Task 4 4 24 28 5,420$ 4,800$ -$ -$ -$ -$ -$ -$ 10,220$ Total Hours and Fee 14 140 160 398 284 24 14 1034 209,090$ 206,400$ 34,000$ 12,000$ 22,500$ 8,000$ 6,000$ 2,000$ 499,990$ Percent of Hours: 1% 14% 15% 38% 27% 2% 1% 100%
Task OT
OT.1 RSSCT Coordination 4 12 16 3,200$ $4,800 8,000$ OT.3 Pre-qualify Contractors 4 4 980$ $3,200 4,180$ Subtotal Task OT 8 12 20 4,180$ 8,000$ -$ -$ -$ -$ -$ -$ 12,180$ Total Optional Hours and Fee 14 8 12 20 4,180$ 8,000$ -$ -$ -$ -$ -$ -$ 12,180$ Subconsultant Fees
Optional Tasks
Dudek Labor Hours and Rates
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10 I:\cmo\Agreements\Dudek_PSA_Wellhead_Perchlorate_Treatment-FY22-0075.doc-jm1 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 liabili ty 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 Rela tions, a certificate of consent to self-insure, either as an individual employer, or as one emplo yer 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 th e 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 und er this Agreement, I shall not emplo y 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 Californ ia, 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.

DUDEK

By: Date: ___________________
Bob Ohlund, P.E, Vice President

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ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Wellhead Treatment For Perchlorate 420 days Fri 12/9/22 Thu 7/18/24 2 Notice to Proceed 0 days Fri 12/9/22 Fri 12/9/22
3 Task 1- Project Management 420 days Fri 12/9/22 Thu 7/18/24 4 Project Kick-off Meeting 0 days Fri 12/9/22 Fri 12/9/22 2 5 Quality Assurance/Quality Control 420 days Fri 12/9/22 Thu 7/18/24 4 6 Preliminary Design Review Workshop 0 days Thu 3/2/23 Thu 3/2/23 12 7 Design Review Meeting 60% 0 days Thu 5/25/23 Thu 5/25/23 25 8 Design Review Meeting 90% 0 days Thu 7/13/23 Thu 7/13/23 27 9 Design Review Meeting Final 0 days Thu 8/10/23 Thu 8/10/23 29 10 Task 2 - Preliminary Design and Permit 185 days Fri 12/9/22 Thu 8/24/23 11 Preliminary Design Report 55 days Fri 12/9/22 Thu 2/23/23 4 12 City review PDR 5 days Fri 2/24/23 Thu 3/2/23 11
13 Final PDR 15 days Fri 3/3/23 Thu 3/23/23 12
14 Utility Research 20 days Fri 12/23/22 Thu 1/19/23 4FS+10 days 15 Evaluation of Standby Generator 25 days Fri 1/20/23 Thu 2/23/23 14 16 CEQA 110 days Fri 3/24/23 Thu 8/24/23 13
17 Permitting 70 days Fri 5/19/23 Thu 8/24/23 24
18 Treatment Equipment Recommendation 15 days Fri 3/24/23 Thu 4/13/23 13 19 Task 3 Final Design 125 days Fri 3/3/23 Thu 8/24/23
20 Topographic Survey 10 days Fri 3/3/23 Thu 3/16/23 6
21 Potholing 10 days Fri 3/3/23 Thu 3/16/23 6
22 Geotechnical Investigation 20 days Fri 3/3/23 Thu 3/30/23 6 23 Task 3.4 - Contract Document 110 days Fri 3/24/23 Thu 8/24/23 24 60% Submittal 40 days Fri 3/24/23 Thu 5/18/23 13
25 60% City Review 5 days Fri 5/19/23 Thu 5/25/23 24
26 90% Submittal 30 days Fri 5/26/23 Thu 7/6/23 7
27 90% City Review 5 days Fri 7/7/23 Thu 7/13/23 26
28 Final Submittal 15 days Fri 7/14/23 Thu 8/3/23 8
29 Final City Review 5 days Fri 8/4/23 Thu 8/10/23 28
30 Bid Document 10 days Fri 8/11/23 Thu 8/24/23 29,17FF,36FF 31 Task 4 Water Treatment Operation's Plan 65 days Fri 5/26/23 Thu 8/24/23 32 60% WTOP 20 days Fri 5/26/23 Thu 6/22/23 7
33 City and DDW Review 15 days Fri 6/23/23 Thu 7/13/23 32 34 90% WTOP 15 days Fri 7/14/23 Thu 8/3/23 33
35 City and DDW Review 10 days Fri 8/4/23 Thu 8/17/23 34 36 Final WTOP 5 days Fri 8/18/23 Thu 8/24/23 35
37 Prepurchase Equipment (GAC+Electrical) 205 days Fri 5/26/23 Thu 3/7/24 38 Pre-purchase engineering specification 10 days Fri 5/26/23 Thu 6/8/23 7,18 39 Pre-purchase contract 15 days Fri 6/9/23 Thu 6/29/23 38 40 Pre-purchase shop drawing review 30 days Fri 6/30/23 Thu 8/10/23 39 41 Pre-purchase equipment lead time 150 days Fri 8/11/23 Thu 3/7/24 40 42 Bid Assistance 57 days Fri 8/25/23 Mon 11/13/23
43 Construction bid advertisement 20 days Fri 8/25/23 Thu 9/21/23 30 44 Pre-bid meeting 1 day Fri 9/22/23 Fri 9/22/23 43
45 Bid Addendm 10 days Mon 9/25/23 Fri 10/6/23 44
46 Bid opening 1 day Mon 10/9/23 Mon 10/9/23 45
47 Evaluation of bid and award 5 days Tue 10/10/23 Mon 10/16/23 46 48 Construction contracting 20 days Tue 10/17/23 Mon 11/13/23 47 49 Construction 178 days Tue 11/14/23 Thu 7/18/24
50 Mobilization 10 days Tue 11/14/23 Mon 11/27/23 48
51 Shop drawing preparation and approval 30 days Tue 11/28/23 Mon 1/8/24 50 52 Excavation and site clearing 20 days Tue 11/28/23 Mon 12/25/23 50 53 Concrete for GAC vessels 40 days Tue 1/9/24 Mon 3/4/24 51 54 Mechanical installation 25 days Fri 3/8/24 Thu 4/11/24 53,41 55 Electrical installation 40 days Fri 3/22/24 Thu 5/16/24 51,41,54SS+10 days 56 Yardpiping and grading 20 days Fri 5/17/24 Thu 6/13/24 55 57 Commissioning 20 days Fri 5/17/24 Thu 6/13/24 55
58 Startup and acceptance 15 days Fri 6/14/24 Thu 7/4/24 57 59 DDW approval 15 days Fri 6/14/24 Thu 7/4/24 57
60 Record drawing and O&M manual 30 days Fri 5/17/24 Thu 6/27/24 55 61 Operator training 5 days Fri 7/5/24 Thu 7/11/24 58,60 62 Demobilization 5 days Fri 7/12/24 Thu 7/18/24 61
12/9
12/9
3/2
5/25
7/13
8/10

D J F M A M J J A S O N D J F M A M J J
Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Project: Redlands 11 04 2022
Date: Sat 11/5/22
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City Council/Successor Agency Meeting L. 4.

DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Public Work Construction Contract with K.C.

Restoration Co., Inc. for an amount not-to-exceed $258,188.97 for the Redlands Bowl Re-Stucco Project; waive a minor error in the bid, approve additional appropriation totaling $284,007.87; and determine that the project is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council determine approval of the Public Work Construction Contract with K.C. Restoration Co., Inc. for the Redlands Bowl Re-Stucco Project is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to appropriate $284,007.87 as detailed in the staff report;

2. I move to waive the minor error in the bid by K.C. Restoration Co., inc. and approve an award of the Public Work Construction Contract in the amount of $258,188.97 to K.C. Restoration Co., Inc. for the Redlands Bowl Re-Stucco Project.

3. RECOMMENDATION:

Staff recommends that City Council determine approval of the Public Work Construction Contract is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act. Staff further recommends that the City Council waive a minor error in the bid by K.C. Restoration Co., approve the Redlands Regular Meeting of 12/06/2022
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appropriations as detailed in the staff report and approve an award of the Public Work Construction Contract with K.C. Restoration Co., Inc., for an amount not-to-exceed $258,188.97 for the Redlands Bowl Re-Stucco Project.

DISCUSSION:

Since the first season in 1924, the Redlands Bowl Performing Arts (RBPA), has served the City of Redlands and the Inland Empire region by providing musical and theatrical performances for the community, such as the Redlands Bowl Summer Music Festival. The Redlands Bowl Summer Music Festival holds the distinction of being the oldest continuously running summer music festival in the United States where no admission is charged. Other programs RBPA offers include the Children’s Summer Festival Workshops, Young Artists Auditions, and Music in the Schools Programs. The Redlands Bowl is also used for other community events, including graduations for local schools.

On January 16, 2007, the City Council approved an agreement with RBPA for the lease of the Redlands Bowl Procellis, including the associated offices, the courtyard, and the stage areas. Per Section 7A of the agreement, the City is responsible for the maintenance of the structural elements, including the dome, exterior and interior walls of the Bowl building. Over time, due to the climate effects, the exterior walls and cast stones have been damaged, cracked and color faded. City staff performed an evaluation of the exterior walls and based on the results of that evaluation, identified that the building's exterior walls are in need of re-stucco, repair and deep cleaning.

City staff prepared the specifications and advertised the project on September 14, 2022. The City Clerk's office received and opened three (3) bids for the project on October 5, 2022. The bids were reviewed by staff to determine if they were responsive to bid requirements. Based on the attached bid analysis, K.C.

Restoration Co., Inc. is the lowest responsive and responsible bidder. Therefore, it is recommended that the City Council award a Public Work Construction Contract to K.C. Restoration Co., Inc., for an amount not-to-exceed $258,188.97.

The following three (3) Project bids were received before the submittal deadline:

BID OPENING REPORT SUMMARY

BIDDER BID AMOUNT

1. K.C. Restoration Co., Inc. * $258,188.97

2. Color New Co. $282,776

3. Applied Restoration Inc. **$375,841.23
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* An arithmetic error was discovered in the bid proposal. Bid Item #3 and #4 were not correctly multiplied, the total bid amount was corrected based on the given unit price and highlighted in the attached bid analysis to identify arithmetic errors, but did not affect the ranking. ** Two arithmetic errors were discovered in the bid proposal. 1) Bid Item #3 and #4 were not correctly multiplied, the total bid amount was corrected based on the given unit price and highlighted in the attached bid analysis. 2) The total base bid price and bid additive price were not totaled correctly. The bidder copied the bid additive price and placed it in the Base bid plus additive bid cell.

Furthermore, the project is categorically exempt from environmental review in accordance with Section 15301 of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves the re-stuccoing of exterior walls.

ALTERNATIVES:

The City Council may elect not to approve the award of the Public Work Construction Contract and direct staff accordingly.

STRATEGIC PLAN:

The project supports Strategic Plan Priority A, Strategic Objective 1.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 284,008
Budgeted Y/N: N
Account No.: 101303-8501
Discussion:

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Discussion:

The total cost of the project will be $284,007.87 ($285,188.97 plus a 10% contingency). Staff recommends an appropriation of $284,007.87 from the Capital Projects over $50,000 Reserve
to fully fund the project.

The current balance for this reserve account is $670,622.

Attachments
Additional Appropriation
K. C. Restoration Agreement
Bid Opening Report
Bid Analysis
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PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 6th day of December, 2022, by and between the City of Redlands , a municipal c orporation, organized and existing under the laws of the State of California (hereinafter “City”), and K.C. Restoration Co., Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Redlands Bowl Re -Stucco Project No. FCS09072022JN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Redlands Bowl Re-Stucco Project No. FCS09072022JN (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of two hundred fifty-eight thousand one hundred eighty-eight dollars and ninety -seven cents dollars ($258,188.97) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within thirty (30) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result i n damages being sustained b y City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for each consecutive calendar day in excess of the specified time for completion of the W ork.

Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Co ntractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by ref erence the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

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7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1 , Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Paul T. Barich, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Facilities and Community Services Department
Redlands Bowl Re-Stucco Project
Project No. FCS09072022JN
______________________
Every employer, except the Sta te, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liab ility 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 b efore commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm tha t at all times, in performing the work and activities required or permitted under this Agreement, I shall not emp loy 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 th e City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2022. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State o f California, and K.C. Restoration Co., Inc. (hereinafter designated as "Principal") have entered into an agreement dated December 6th, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which sai d Agreement is identified as Redlands Bowl Re -Stucco Project No.

FCS09072022JN and is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of the A greement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and , _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of two hundred fifty -eight th ousand one hundred eighty -eight dollars and ninety -seven cents dollars ($258,188.97) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all material s and w orkmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcin g such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreeme nt afte r the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date o f compl etion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

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2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and respo nsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and d amages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bon d must be instituted within the applicable statute of limitations period.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be perfo rmed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of Surety) Telephone ( )___________________________

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and K.C. Restoration Co., Inc. (hereinafter designated as “Principal”) have ent ered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated December 6 th, 2022, and identified as Redlands Bowl Re - Stucco Project No. FCS09072022JN is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the cl aims to which refer ence is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the C ity and all contractors, s ubcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of two hundred fifty -eight thousand one hundred eighty -eight dollars and ninety-seven cents dollars ($258,188.97) for materials furnished or labor thereon of any kind , or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not e xceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addi tion to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of t he Agreement or the specifications accompanying the same shall in any manner affect its obligations on this b ond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been d uly executed by the Principal and surety above named, on _______________________, 2022.

[SIGNATURES ON NEXT PAGE]
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(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________

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ATTACHMENT "C"
PROJECT NO.FCS09072022JN BID DATE: 5-Oct-2022
REDLANDS BOWL RE-STUCCO PROJECT EST. START DATE: 1-Dec-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5%
of Total Base Bid Price) 1 LS $10,843.55 $10,843.55 $9,000.00 $9,000.00 $16,000.00 $16,000.00 2 Surface preparation for re-stucco including
repairing of cracks and damaged edges, pressure
washing for rubbing off existing paint, loose
debris, dirt, and efflorescence.
1 LS $26,778.13 $26,778.13 $12,000.00 $12,000.00 $43,000.00 $43,000.00 3 Bowl exterior walls re-stucco, OMEGA products
international or equal, OmegaFlex Finish 100%
Acrylic exterior finish, Color match existing, dry
bond a polymermodified base coat and anti-
fracture membrane.
9,933 SF $12.64 $125,553.12 $16.00 $158,928.00 $22.59 $224,386.47 4 Bowl Interior Dome and Ceilings restucco,
OMEGA products International or equal, Colortek
Smoothcoat Exterior Stucco, Color match existing,
dry bond a polymermodified base coat and anti-
fracture membrane.
1,678 SF $29.86 $50,105.08 $16.00 $26,848.00 $25.42 $42,654.76 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Base Bid
1 Patch and repair the Cast stone damaged edges
including but not limited to walls, piers, columns
to match existing.
1 LS $26,066.23 $26,066.23 $38,000.00 $38,000.00 $22,600.00 $22,600.00 2 Clean Cast stone surface to remove loose debris,
dirt, efflorescence, mold to an approved limit. 1 LS $18,842.86 $18,842.86 $38,000.00 $38,000.00 $27,200.00 $27,200.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Additive
Total Base Bid Plus Additive Bid
$375,841.23$282,776.00$258,188.97
Multiplication and addition
error on bid Item #3 and #4,
Totals are corrected per item
unit price.

Multiplication error on bid
Item #3 and #4, Totals are
corrected per item unit
price.
$326,041.23$213,279.88 $206,776.00

CITY OF REDLANDS

FACILITIES AND COMMUNITY SERVICES DEPARTMENT

BID ANALYSIS
Item
No.

Applied Restoration Inc.Bid Item Quantity Unit
K.C. Restoration Co.,
Inc. Color New Co
Bid Additive
$44,909.09 $76,000.00 $49,800.00
Low Bidders #1, #2 and #3
Sheet 1 of 2
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City Council/Successor Agency Meeting L. 5.

DATE: 12/06/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the recommendation by the Cultural Arts Commission to develop an Arts and Culture Master Plan (Assistant City Manager Boatman)
MOTION(S):

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

I move to direct staff to advertise a request for proposal for the development of an Arts and Culture Master Plan.

1. RECOMMENDATION:

Commission Recommendation
At their regular meeting on September 13, 2021, the Cultural Arts Commission recommended that the City Council direct staff to prepare a request for proposal for the development of an Arts and Culture Master Plan.

Staff Recommendation
Staff recommends that the City Council direct staff to advertise a request for proposal for the development of an Arts and Culture Master Plan.

DISCUSSION:

In February 2019, the City Council approved a recommendation by the Cultural Arts Commission to appropriate $8,000 in funds for an Arts Economic Impact Study and accept a donation in the amount of $3,500 from the Redlands Arts Collaborative (RAC). RAC consists of representatives from Redlands cultural arts groups and is a community-based organization that collaborates to support individual and collective goals. The purpose of an economic impact study is to Redlands Regular Meeting of 12/06/2022
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analyze the current and potential value that public art adds to the community.

Americans for the Arts was selected as a consultant to prepare the economic study in accordance with the City's purchasing guidelines. However, due to the cancellations of events and temporary closures of some organizations due to global health concerns and COVID pandemic, the completion of the study was delayed. With the assistance of RAC representatives, the American's for the Arts was able to complete the study in late 2021.

The study prepared for the City of Redlands incorporates the Arts & Economic Prosperity 5 National Study (AEP5 Study), published in 2017. It is the most comprehensive economic impact study of the nonprofit arts and culture industry ever conducted. The AEP5 Study documented the economic contributions of the arts in 341 communities and regions across the country, representing all 50 states and the District of Columbia. The economic impact for Redlands from nonprofit arts and culture organizations and their audiences was found to support 416 full-time equivalent jobs, with over $609,000 in revenue generated for local government and over $3,390,000 in event-related expenditures annually.

On September 13, 2021, the Commission also recommended that the City Council direct staff to procure the services of a consultant to develop an Arts and Culture Master Plan (Plan) and designate funding in the amount of $100,000.

The Commission views the Plan as a necessary tool to ensure that art is promoted and utilized in a cohesive and intentional manner throughout the community.

ALTERNATIVES:

Council may choose not to approve the development and the additional appropriation for the funding for the Arts and Culture Master Plan and direct staff accordingly.

STRATEGIC PLAN:

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

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Larry Alms, Administrative Assistant II
Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: Y
Amount: $100,000
Budgeted Y/N: N
Discussion:

The Arts and Culture Master Plan is currently unbudgeted and funds will need to be appropriated once a proposal is selected. Should the City Council determine to move forward with the master plan, staff is recommending an additional appropriation from the General Fund's unassigned fund balance, estimated to be approximately $100,000. The appropriation is not necessary at this time but will require approval once the City Council approves the professional services agreement for developing the plan. The unassigned fund balance in the General Fund is projected to be approximately $21.7 million at June 30, 2023.

Attachments
A. Redlands AEP5 Survey Summary
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The Economic Impact of Nonprofit Arts and
Culture Organizations and Their Audiences in
the City of Redlands, CA (Fiscal Year 2022/projected)

Direct Economic Activity Arts and Culture
Organizations + Arts and Culture
Audiences = Total Industry
Expenditures
Total Industry Expenditures $10,823,619 $3,398,927 $14,222,546

Economic Impact of Spending by Arts and Culture Organizations and Their Audiences

Total Economic Impact of Expenditures Economic Impact of Organizations + Economic Impact of
Audiences = Total
Economic Impact
Full-Time Equivalent (FTE) Jobs Supported 320 96 416 Household Income Paid to Residents $7,780,000 $1,696,000 $9,476,000 Revenue Generated to Local Government $451,000 $158,000 $609,000 Revenue Generated to State Government $513,000 $215,000 $728,000

Event-Related Spending by Arts and Culture Audiences to Total $3.4 million (excluding the cost of admission)

Attendance to Arts and Culture Events Resident1
Attendees + Nonresident1
Attendees = All
Cultural Audiences
Total Attendance to Arts and Culture Events 119,194 27,056 146,250 Percentage of Total Attendance 81.5%% 18.5%% 100.0%
Average Event-Related Spending Per Person $20.85 $33.77 $23.25 Total Event-Related Expenditures $2,485,111 $913,816 $3,398,927

Nonprofit Arts and Culture Event Attendees Spend an Average of $23.25 Per Person (excluding the cost of admission)

Category of Event-Related Expenditure Resident1
Attendees Nonresident1
Attendees All
Cultural Audiences
Meals and Refreshments $14.55 $21.98 $15.93
Souvenirs and Gifts $2.80 $0.61 $2.39
Ground Transportation $1.65 $2.60 $1.83
Overnight Lodging (one night only) $0.28 $7.12 $1.55 Other/Miscellaneous $1.57 $1.46 $1.55
Average Event-Related Spending Per Person $20.85 $33.77 $23.25

Source: Arts & Economic Prosperity 5: The Economic Impact of Nonprofit Arts and Cultural Organizations and Their Audiences in the City of Redlands. For more information about this study or about other cultural initiatives in the City of Redlands, visit the City of Redlands’s web site at http://www.cityofredlands.org.

Copyright 2022 by Americans for the Arts (www.AmericansForTheArts.org).

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A comprehensive description of the methodology used to complete the national study is available at www.AmericansForTheArts.org/EconomicImpact.

About This Study
This Arts & Economic Prosperity 5 study was conducted by Americans for the Arts to document the economic impact of the nonprofit arts and culture industry in 341 communities and regions (113 cities, 115 counties, 81 multicity or multicounty regions, 20 states, and 12 individual arts districts)—representing all 50 U.S. states and the District of Columbia. The diverse communities range in population (1,500 to more than 4 million) and type (small rural to large urban). Project economists from the Georgia Institute of Technology customized an input-output analysis model for each participating region to provide specific and localized data on four measures of economic impact: full-time equivalent jobs, household income, and local and state government revenue. These localized models allow for the uniqueness of each local economy to be reflected in the findings. Americans for the Arts partnered with 250 local, regional, and statewide organizations that represent the 341 study regions (30 partners included multiple study regions as part of their participation). With the approval of the City Council of the City of Redlands, the Cultural Arts Commission contracted with Americans for the Arts to conduct a separate economic impact analysis focused solely on the nonprofit arts and culture industry in the City of Redlands.

Surveys of Nonprofit Arts and Cultural ORGANIZATIONS
Each of the 250 partner organizations identified the universe of nonprofit arts and cultural organizations that are located in its region(s) using the Urban Institute’s National Taxonomy of Exempt Entity (NTEE) coding system, a definitive classification system for nonprofit organizations recognized as tax exempt by the Internal Revenue Code. In addition, the study partners were encouraged to include other types of eligible organizations if they play a substantial role in the cultural life of the community or if the ir primary purpose is to promote participation in, appreciation for, and understanding of the visual, performing, folk, and literary and media arts.

These include government-owned or government-operated cultural facilities and institutions; municipal arts agencies and councils; private community arts organizations; unincorporated arts groups; living collections (such as zoos, aquariums, and botanical garde ns); university presenters, programs, and facilities; and arts programs that are embedded under the umbrella of a nonarts organizat ion or facility (such as a hospital or church). In short, if it displays the characteristics of a nonprofit arts and cultural organization, it is included. For-profit businesses (e.g., Broadway, motion picture theaters) and individual artists were excluded from this study.

Nationally, data was collected from a total of 14,439 organizations for this study. Response rates among all eligible organiz ations located in the 341 study regions was 54.0 percent and ranged from 9.5 percent to 100 percent. Responding organizations had budgets ranging from $0 to $785 million (Smithsonian Institution). It is important to note that each study region’s results are based solely on the actual survey data collected. There are no estimates made to account for nonresponding organizations. Therefore, the less -than-100 percent response rates suggest an understatement of the economic impact findings in most of the individual study regions.

To complete this separate analysis for the City of Redlands, the City of Redlands Cultural A rts Commission identified a total of 26 eligible nonprofit arts and culture organizations using the preceding definition. Fourteen of the 26 organizations participated in this study—a 53.8% response rate . A list of the participating organizations can be obtained from the City of Redlands Cultural Arts Commission.

Surveys of Nonprofit Arts and Cultural AUDIENCES
Audience-intercept surveying, a common and accepted research method, was completed in all 341 study regions to capture information about spending by audiences at nonprofit arts and culture events. Patrons were selected randomly and asked to complete a short survey while attending an event. A total of 212,691 attendees completed the survey. The responden ts provided itemized travel party expenditure data on attendance-related activities such as meals, souvenirs, transportation, and lodging. Data was collected throughout the year to guard against seasonal spikes or drop-offs in attendance, and at a broad range of events (because a night at the opera will typically yield more spending than a Saturday children’s theater production). Using total attendance data for 2015 (collected from the participating organizations), standard statistical methods were then used to derive a reliable estimate of total arts event-related expenditures by attendees in each study region.

To complete this separate analysis for the City of Redlands, a total of 708 valid audience -intercept surveys were collected from in-person attendees to arts and culture performances, events, exhibits, experiences, and facilities that took place in the City of Redlands during the period from June 2019 to August 2021.

Studying Economic Impact Using Input-Output Analysis
To derive the most reliable economic impact data, input-output analysis was used to measure the impact of expenditures by nonprofit arts and cultural organizations and their audiences. This highly-regarded type of economic analysis has been the basis for two Nobel Prizes in economics. The models are systems of mathematical equations that combine statistical methods and economic theory in an area of study called econometrics. The analysis traces how many times a dollar is respent within the local economy before it leaves the community, and it quantifies the economic impact of each of those rounds of spending. Project economists customized an input -output model for each of the 341 participating study regions based on the local dollar flow among 533 finely detailed industries wit hin its economy. This was accomplished by using detailed data on employment, incomes, and government revenues provided by the U.S.

Department of Commerce (County Business Patterns, the Regional Economic Information System, and the Survey of State and Local Finance), state and local tax data (e.g., sales taxes, lodging tax, property taxes, income tax, and miscellaneous local option taxes) , and the survey data collected from the responding arts and cultural organizations and their audiences.

1 For the purpose of this study, residents are attendees who live within San Bernardino County; nonresidents live elsewhere.

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City Council/Successor Agency Meeting O. 3.

DATE: 12/06/2022
TO: The Successor Agency Board of Directors
SUBJECT: Approve the regular meeting minutes of November 1, 2022 (Secretary Donaldson)
MOTION:

I move to approve the regular meeting minutes of November 1, 2022.

Attachments
Regular meeting minutes of November 1, 2022.

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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 November 1, 2022 at 5:00 P.M.

Present:  Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mick Gallagher, Council Member
Staff: Charles M. Duggan, Jr., City Manager; 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 announced there were no closed session matters scheduled for the Council to consider. The meeting was recessed at 5:00 P.M.

RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Council Member Davis followed by the pledge of allegiance to the American flag.

PRESENTATIONS

Redlands Pet Adoption
– No presentation was made.

Recognition of Tom Fontanes & Artwork Created for City
Artist Tom Fontanes was unable to attend the meeting, but Mayor Barich recognized him for the artwork he created for the City of Redlands. He showcased the piece of art and announced it would be proudly displayed in the Mayor's office.

PUBLIC COMMENT
Mayor Barich explained that comments could be presented in-person, via Zoom, via cell phone or landline.

TVSP EIR Project
- Steve Rogers claimed that Council's approval of the Transit Villages CC_SA_November 1, 2022