Redlands City Council
June 6, 2023

10 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 1.8 2310 Booster & Replacement and Installation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove and dispose of existing split case booster pump equipment.

Return motor to City.

3. Furnish New Split Case Pump Skid Assembly: Furnish new NSF 61 approved Goulds 3410 S size 4x6-9/5V split case pump assembly or City approved equal. Include all necessary installation mounting hardware and equipment including pump baseplate. The operating conditions shall be as follows 450GPM @ 225' TDH. Goulds 3410

4. Furnish New Electric Motor: Furnish New US Motor 50HP, 3 phase, 480 Volt 601-lz 3600RPM TEFC, premium efficient electric motor with a 326TS frame. Or City approved equal.

ITT Prem Efficient

5. Fabricate Suction Line to Accommodate Changes: Fabricate 10" suction line to accommodate new pumping equipment requirements, remove existing flow meter and return to the City, install new l 50LB flange spool in place of removed flow meter.

6. Fabricate Discharge Line: Fabricate 8" Discharge line to accommodate new pumping equipment requirements. Install new 1O" 3001bs flange mag meter. City to provided new McCrometer mag meter.

7. Re-locate Electrical Motor Feed: Re-locate electrical motor feed to new pump location. Note:

Concrete cutting and excavation required to move electrical.

8. Install New Pump and Motor Skid: Install pump and motor skid per manufactures specifications.

9. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

10. Pump Performance Testing: Perform pump performance testing and provide detailed report to the City. Provide all associated install information, pump curve, NSF ce1iification, installation sheet, drawings, work logs and test reports. Test reports to
. include AMP/voltage, Motor temp & vibration, flow & pressure.

11. Provide as built drawing: Provide as built of pumping equipment install.

12. Demobilize: All equipment and crews used to complete proposed work.

TASK 1.9 2311 Booster & Replacement and Installation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove and dispose of existing split case booster pump equipment.

Return motor to City.

3. Furnish New Split Case Pump Skid Assembly: Furnish new NSF 61 approved ITT Goulds 3410 M size 4x6-15/5V split case pump assembly or City approved equal. Include all necessary installation mounting hardware and equipment including pump baseplate. The operating conditions shall be as follows 1000 GPM@ 225' TDH. Goulds 341

4. Furnish New Electric Motor: Furnish New US Motor 100HP, 3 phase, 480 Volt 60Hz 1800RPM TEFC, premium efficient electric motor with a 405T frame. Or City approved equal. ITT Perm Efficient

5. Fabricate Suction Line to Accommodate Changes: Fabricate 12" suction line to accommodate new pumping equipment requirements, remove existing flow meter and return to the City, install new I 50LB flange spool in place of removed flow meter.

6. Fabricate Discharge Line: Fabricate 10" Discharge line to accommodate new pumping. equipment requirements. Install new 10" 3001bs flange mag meter. City provided new mag meter.

Redlands Regular Meeting of 06-06-2023

11 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE

7. Re-locate Electrical Motor Feed: Re-locate electrical motor feed to new pump location. Note:

Concrete cutting and excavation required to move electrical.

8. Install New Pump and Motor Skid: Install pump and motor skid per manufactures specifications.

9. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

10. Pump Performance Testing: Perform pump performance testing and provide detailed report to the City. Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Motor temp & vibration, flow & pressure.

11. Provide as built drawing: Provide as built of pumping equipment install.

12. Demobilize: All equipment and crews used to complete proposed work.

TASK 2.1 Madeira Well & Equipment Rehabilitation

I. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 441' of Oil-lube turbine pump equipment consisting of 8" x 2-1/2" x 1-11/16" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Demo and Install New Pump Base: Existing concrete pump base is 60" x 60" x 12". New pump base shall utilize AWWA Standard AI 00-06 and extend no less than 24" above final ground level elevation.

6. Raise Discharge Piping: Raise 12" discharge piping approx. 12" to meet new pump head height.

Provide a Victaulic fitting for flex at pump discharge.

7. Wire Brush and Bail: Brush and bail well to bottom of 16 and 14" casing x 465'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 30 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

8. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

9. Rebuild Tube and Shaft Assembly: Rebuild 422' of 2-1/2" x 1-11/16" tube and shaft assembly with all new bearings, couplings, and any other needed hardware.

10. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of422' of2 1/2" x I 11/16" steel tubing and shaft.

11. Furnish and Install New Column Pipe: Furnish and install 422' of 8" schedule 40 steel column pipe.

Include all necessary couplings.

12. Rebuild Stretch Brass Assembly: Rebuild stretch brass assembly.

13. Rebuild Worthington Pump Head: Sand blast and epoxy coat pump head. Rebuild Worthington pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor. All rebuild materials shall meet NSF/ANSI 61 standards.

14. Rebuild Bowl Assembly: Rebuild 7 stage Goulds 12CLC bowl assembly. Replace all necessary materials including brass bushings, wear rings and 4 I 6SS shafting. All rebuild materials shall meet NSF/ANSI 61 standards.

15. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of700 GPM @410' TDH Pump bowl assembly shall meet NSF/ANSI 61 drinking water standard. IICLC-8

16. Furnish and Install New Airline: Furnish and install 422’ of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

17. Install Oil lube Turbine Pumping Equipment: Install 441' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

18. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

Redlands Regular Meeting of 06-06-2023

12 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE

19. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

20. Provide as built drawing: Provide as built of pumping equipment.

21. Demobilize: All equipment and crews used to complete proposed work.

TASK 2.2 Mentone 2 Well & Equipment Rehabilitation

I. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 470' of Oil-lube turbine pump equipment consisting of 10" x 3" x 1-15/16" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damages. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Demo and Install New Pump Base: Existing concrete pump base is 48" x 48" x 16". New pump base shall utilize AWWA Standard A100-06 and extend no less than 24" above final ground level elevation.

6. Raise Discharge Piping: Raise 12" discharge piping 8" to meet new pump head height. Provide a Victaulic fitting for flex at pump discharge.

7. Wire Brush and Bail: Brush and bail well to bottom of 16" casing x 566'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 32 hours of down hole work. City will consult with the contractor to determine and finalize hours based on well condition.

8. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

9. Rebuild Tube and Shaft Assembly: Rebuild 382' of 3" x 1-15/16" tube and shaft assembly with all new bearings, couplings, and any other needed hardware. Rebuilt tube end sections shall consist of machining faces of all tube ends parallel and concentric.

10. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 382' of 3" x 1-15/16" steel tubing and shaft.

11. Furnish and Install New Column Pipe: Furnish and install 382' of 10" schedule 40 steel column pipe.

Include all necessary couplings.

12. Rebuild Stretch Brass Assembly: Rebuild stretch brass.

13. Rebuild Floway Western land Roller Head: Sand blast and epoxy coat pump head. Rebuild Western Land Roller pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor. All rebuild materials shall meet NSF/ANSI 61 standards.

14. Rebuild Bowl Assembly: Rebuild 6 stage 15EMM Flowserve bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting. All rebuild materials shall meet NSF/ANSI 61 standards.

15. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 2000 GPM@ 490' TDH Pump bowl assembly shall meet NSF/ANSI 61 drinking water standards.16BLC-4

16. Furnish and Install New Airline: Furnish and install 382' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

17. Install Oil lube Turbine Pumping Equipment: Install 470' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

18. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

Redlands Regular Meeting of 06-06-2023

13 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE

19. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

20. Provide as built drawing: Provide as built of pumping equipment.

21. Demobilize: All equipment and crews used to complete proposed work.

TASK 2.5 New York Street Well & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 365' of Oil-lube turbine pump equipment consisting of 10" x 3" x 1-15/16" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damages. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 16" casing x 885'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 40 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

7. Rebuild Tube and Shaft Assembly: Rebuild 350' of 3" x 1-15/16" tube and shaft assembly with all new bearings, couplings, and any other needed hardware. Rebuilt tube end sections shall consist of machining faces of all tube ends parallel and concentric.

8. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 350' of 3" x 1-15/16" steel tubing and shaft.

9. Furnish and Install New Column Pipe: Furnish and install 350' of 10" schedule 40 steel column pipe.

Include all necessary couplings.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass.

11. Rebuild Layne & Bowler Head: Sand blast and epoxy coat pump head. Rebuild Layne & Bowler pump head assembly with 4 l 6SS head shaft and all necessary hardware for installation of pumping equipment and motor.

12. Rebuild Bowl Assembly: Rebuild 3 stage American Marsh 14MCR bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 2000 GPM @ 231' TDH 14RHLC-3

14. Furnish and Install New Airline: Furnish and install 320' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

15. Install Oil lube Turbine Pumping Equipment: Install 365' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment.

19. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

14 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 2.6 Well 11 & Equipment Rehabilitation

I. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Pull 220' of pumping equipment consisting of 6" x 1 3/16" water lube pump.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 18" casing x 687'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 40 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Furnish and Install New Line Shaft: Furnish and install all 220' x 1 3/16" 316 SS line shaft and 304 SS coupling.

7. Rebuild IR Head: Sand blast and epoxy coat pump head. Rebuild IR pump head assembly with 4 I 6SS head shaft and all necessary hardware for installation of pumping equipment and motor.

8. Rebuild Stretch Brass Assembly: Rebuild stretch brass Assembly.

9. Furnish and Install All Bushings: Furnish and install all bronze drop in retainers with Vesconite bushings.

10. Rebuild Bowl Assembly: Rebuild 7 stage Ingersoll-Dresser I0M50 bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting.

11. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 1260 GPM @ 180' TDH I0DHHC-6

12. Furnish and Install New Column Pipe: Furnish and install 220' of 6" schedule 40 steel column pipe.

Include all necessary couplings.

13. Furnish and Install New Airline: Furnish and install 220' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

14. Furnish and Install New Check Foot Valve: Furnish and install new Flomatic style check valve.

15. Install Water Lube Turbine Pumping Equipment: Install 220' of water lube turbine pumping equipment. Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up, Wire Motor, and Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to City.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment.

19. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

15 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 2.7 Well 36 & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 328' of Oil-lube turbine pump equipment consisting of 8" x 2" x 1-1/4" column tube and shaft. Note: Pump is located at Hillside Memorial Park, work will have to coordinate with Hillside staff. The pump is also located below grade in a permit required confined space. Contractor is required to comply with all regulatory permit required confined space entry procedures.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 12" casing (total depth unknown). Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 40 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

7. Rebuild Tube and Shaft Assembly: Rebuild 328' of2" x 1-1/4" tube and shaft assembly with all new bearings, couplings, and any other needed hardware.

8. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 328' of 2" x 1-1/4" steel tubing and shaft.

9. Furnish and Install New Column Pipe: Furnish and install 328' of 8" schedule 40 steel column pipe.

Include all necessary couplings.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass.

11. Rebuild US Pumps Head: Sand blast and epoxy coat pump head. Rebuild US Pumps pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor.

12. Rebuild Bowl Assembly: Rebuild 12 stage Goulds 9RCLC bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 450 GPM @446' TDH. 9RCLC-12

14. Furnish and Install New Airline: Furnish and install 328' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

15. Install Oil lube Turbine Pumping Equipment: Install 328' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment.

19. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

16 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 3.1 Airport 2 Well & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 446' of Oil-lube turbine pump equipment consisting of 10" x 3" x 1-11/16" with 40' of engineered suction. Leave suction on site.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been pulled. Provide detailed report, recommendation for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 20" and 18" casing x 470'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 40 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

7. Rebuild Tube and Shaft Assembly: Rebuild 420' of 3" x 1-11/16" column, tube and shaft assembly with all new bearings, couplings and any other needed hardware.

8. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 420' of 3" x 1-11/16" steel tubing and shaft.

9. Furnish and Install New Column Pipe: Furnish and install 420' of 10" schedule 40 column pipe.

Include all necessary couplings.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass assembly.

11. Rebuild I.R. Pump Head: Sand blast and epoxy coat pump head. Rebuild I.R. head assembly with 4l6SS head shaft and all necessary hardware for installation of pumping equipment and motor.

All rebuild materials shall meet NSF/ANSI 61 standards.

12. Rebuild Bowl Assembly: Rebuild 9 stage American Marsh 13MC bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting. All rebuild materials shall meet NSF/ANSI 61 standards.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 1500 GPM @ 600' TDH. Pump bowl assembly shall meet NSF/ANSI 61 drinking water standards. Goulds FDLC-12 Stage

14. Furnish and Install New Airline: Furnish and install 420' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

15. Install Oil lube Turbine Pumping Equipment: Install 446' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment.

19. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

17 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 3.2 Mill Creek 2A Well & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Pull 240' of pumping equipment consisting of 6" x 1 3/16" water lube pump.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Demo and Install New Pump Base: Existing concrete pump base is 48" x 48" x 22". New pump base shall utilize AWWA Standard A100-06 and extend no less than 24" above final ground level elevation.

5. Raise Discharge Piping: Raise 12" discharge piping approx. 2" to meet new pump head height.

Provide a Victaulic fitting for flex at pump discharge.

6. Wire Brush and Bail: Brush and bail well to bottom of 20" casing x 300'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 24 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

7. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

8. Furnish and Install New Line Shaft: Furnish and install All 240' x 1 3/16" 316SS line shaft and 304 SS coupling.

9. Rebuild I.R. Head: Sand blast and epoxy coat pump head. Rebuild I.R. pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass Assembly.

11. Furnish and Install All Bushings: Furnish and install all bronze drop in retainers with Vesconite bushings.

12. Rebuild Bowl Assembly: Rebuild 7 stage Ingersoll-Dresser 10M50 bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 1260 GPM @ 180' TDH Pump bowl assembly shall meet NSF/ANSI 61 drinking water standards. I0DHI-IC-6

14. Furnish and Install New column Pipe: Furnish and install 240' of 6" schedule 40 steel column pipe.

Include all necessary couplings.

15. Furnish and Install New Airline: Furnish and install 240' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

16. Install Water Lube Turbine Pumping Equipment: Install 240' of water lube turbine pumping equipment. Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

17. Perform Start Up, Wire Motor, and Test Rotation: Perform start up, wire motor, test rotation.

18. Pump Performance Testing: Perform pump performance testing and provide detailed report to City.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

19. Provide as built drawing: Provide as built of pumping equipment.

20. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

18 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 3.3 Rees Well & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 410' of Oil-lube turbine pump equipment consisting of 10" x 3" x 1-15/16" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 14" casing x 511'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 32 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

7. Rebuild Tube and Shaft Assembly: Rebuild 390' of 3" x 1-15/16" tube and shall assembly with all new bearings, couplings, and any other needed hardware. Rebuilt tube end sections shall consist of machining faces of all tube ends parallel and concentric.

8. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shall assembly, consisting of 390' of 3" x 1-15/16" steel tubing and shaft.

9. Furnish and install New Column Pipe: Furnish and install 390' of 10" schedule 40 steel column pipe.

Include all necessary couplings.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass.

11. Rebuild Johnson Pump Head: Sand blast and epoxy coat pump head. Johnson pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor.

All rebuild materials shall meet NSF/ANSI 61 standards.

12. Rebuild Bowl Assembly: Rebuild 8 stage Goulds 12CHC bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting. All rebuild materials shall meet NSF/ANSI 61 standards.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 1020 GPM @ 597' TDH Pump bowl assembly shall meet NSF/ANSI 61 drinking water standards.12CHC-8

14. Furnish and Install New Airline: Furnish and install 390' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

15. Install Oil lube Turbine Pumping Equipment: Install 410' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment.

19. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

19 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 3.4 SB Muni Well & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 505' of Oil-lube turbine pump equipment consisting of 12" x 4" x 2-7/16" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Demo and Install New Pump Base: Existing concrete pump base is 78 "x 78" x 6". New pump base shall utilize A WWA Standard A100-06 and extend no less than 24" above final ground level elevation.

6. Raise Discharge Piping: Raise 12" discharge piping 10" to meet new pump head height. Provide a Victaulic fitting for flex at pump discharge.

7. Wire Brush and Bail: Brush and bail well to bottom of 18" casing x 590'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 40 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

8. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

9. Rebuild Tube and Shaft Assembly: Rebuild 505' of 4" x 2-7/16" tube and shaft assembly with all new bearings, couplings and any other needed hardware. Rebuilt tube end sections shall consist of machining faces of all tube ends parallel and concentric.

10. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 505' of 4" x 2-7116" steel tubing and shaft.

11. Furnish and install New Column Pipe: Furnish and Install 505" of 12" schedule 40 steel column pipe.

Include all necessary couplings.

12. Rebuild Stretch Brass Assembly: Rebuild stretch brass.

13. Rebuild Layne & Bowler Head: Sand blast and epoxy coat pump head. Rebuild Layne & Bowler pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor. All rebuild materials shall meet NSF/ANSI 61 standards.

14. Rebuild Bowl Assembly: Rebuild 6 stage Layne & Bowler l 6KHM bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting. All rebuild materials shall meet NSF/ANSI 61 standards.

15. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 2650 GPM @480' TDH. Pump bowl assembly shall meet NSF/ANSI 61 drinking water standards.14RHHC-6

16. Furnish and Install New Airline: Furnish and install 505' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

17. Install Oil lube Turbine Pumping Equipment: Install 505' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

18. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

19. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, Redlands Regular Meeting of 06-06-2023

20 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

20. Provide as built drawing: Provide as built of pumping equipment.

21. Demobilize: All equipment and crews used to complete proposed work.

22. Replace discharge piping and repair MCC controls

TASK 3.5 Mill Creek 4 Well & Equipment Rehabilitation

1. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 193' of Oil-lube turbine pump equipment consisting of 10" x 3" x 1-11/16" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 20" casing x 275'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 24 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

7. Rebuild Tube and Shaft Assembly: Rebuild 193' of 3" x 1-11/16" tube and shaft assembly with all new bearings, couplings and any other needed hardware. Rebuilt tube end sections shall consist of machining faces of all tube ends parallel and concentric.

8. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 193' of 3" x 1-11/16" steel tubing and shaft.

9. Furnish and Install New Column Pipe: Furnish and install 193' of 8" schedule 40 steel column pipe.

Include all necessary couplings.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass assembly.

11. Rebuild Layne & Bowler Head: Sand blast and epoxy coat pump head. Rebuild Layne & Bowler pump head assembly with 4 I 6SS head shaft and all necessary hardware for installation of pumping equipment and motor.

12. Rebuild Bowl Assembly: Rebuild 6 stage Flowise 12EMM bowl assembly. Replace all necessary materials including brass bushings, wear rings and 4l6SS shafting.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of900 GPM @421' TOH 12CMC-6

14. Furnish and Install New Airline: Furnish and install 193' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

15. Install Oil lube Turbine Pumping Equipment: Install 193' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment. l 9. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

21 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE TASK 3.6 Redlands Heights Well & Equipment Rehabilitation

I. Mobilize: All equipment and crews needed to complete proposed work.

2. Remove Pumping Equipment: Remove 321' of Oil-lube turbine pump equipment consisting of 6" x 2- 1/2" x 1-1/2" column tube and shaft.

3. Tear Down and Inspect: Tear down and inspect pumping equipment for damage. Provide a detailed report of damages and recommendations for repair.

4. Video Log Well: Video log well after pumping equipment has been removed. Provide detailed report, recommendations for rehabilitation and 2 DVD copies to the City.

5. Wire Brush and Bail: Brush and bail well to bottom of 20" casing x 523'. Brush type will be decided based on well conditions and recommendations. All removed bailing materials must be disposed of offsite. Note: Estimate 32 hours of downhole work. City will consult with the contractor to determine and finalize hours based on well condition.

6. Video Log Well: Video log well post brush and bail. Provide 2 DVD copies to the City.

7. Rebuild Tube and Shaft Assembly: Rebuild 303' of 2-1/2" x 1-1/2" tube and shaft assembly with all new bearings, couplings and any other needed hardware.

8. Furnish and Install New Tubing and shaft assembly: Furnish and install entire tube and shaft assembly consisting of 303' of 2-1/2" x 1-1/2" steel tubing and shaft.

9. Furnish and Install New Column Pipe: Furnish and install 303' of 6" schedule 40 steel column pipe.

Include all necessary couplings.

10. Rebuild Stretch Brass Assembly: Rebuild stretch brass.

11. Rebuild Layne & Bowler Head: Sand blast and epoxy coat pump head. Rebuild Layne & Bowler pump head assembly with 416SS head shaft and all necessary hardware for installation of pumping equipment and motor.

12. Rebuild Bowl Assembly: Rebuild 6 stage Goulds 12WALC bowl assembly. Replace all necessary materials including brass bushings, wear rings and 416SS shafting.

13. Furnish And Install New Bowl Assembly: Supply new Goulds pump bowl assembly or City approved equal capable of meeting pumping conditions of 600 GPM @ 370' TDH. 12WALC-6

14. Furnish and Install New Airline: Furnish and install 303' of continuous 1/4" stainless steel airline with direct read gauge airline to be banded every 20' with stainless steel bands.

15. Install Oil lube Turbine Pumping Equipment: Install 321' of oil lube turbine pumping equipment.

Restore well site to pre-rehabilitation condition. Provide all necessary gaskets and needed hardware.

16. Perform Start Up Wire Motor Test Rotation: Perform start up, wire motor, test rotation.

17. Pump Performance Testing: Perform pump performance testing and provide detailed report to city.

Provide all associated install information, pump curve, NSF certification, installation sheet, drawings, work logs and test reports. Test reports to include AMP/voltage, Rossum sand test, Motor temp & vibration, flow & pressure, static, pumping and drawdown water levels.

18. Provide as built drawing: Provide as built of pumping equipment.

19. Demobilize: All equipment and crews used to complete proposed work.

Redlands Regular Meeting of 06-06-2023

22 I:\cmo\Agreements\4857_2nd_Amendment_General_Pump_Company_FY22-0174.docx - AE ATTACHMENT 2

EXHIBIT "C" FEE

SCHEDULE

FY 21/22
Task 1.1 - Airport Well 124,907.16$
Task 3.4 - S.B. MUNI Well (Revised per 1st Amendment) 314,000.00$ Task 1.3 - E.L. 3 Well 35,010.00$
Task 1.4 - E.L. 6 Well 67,850.00$
Task 1.5 - N. Orange 1 Well 128,460.00$
Task 1.6 - Well 31A 235,814.99$
Task 1.7 - Well 32 78,537.01$
Task 1.8 - Booster 2310 95,475.00$
Task 1.9 - Booster 2311 128,823.00$
Total 1,208,877.16$
FY 22/23
Task 2.1 - Madeira 119,058.00$
Task 2.2 - Mentone 2 138,502.26$
Task 2.3 - Well 38 123,230.00$
Task 2.4 - Well 39 133,030.00$
Task 2.5 - New York St. 111,050.00$
Task 2.6 - Well 11 64,180.00$
Task 2.7 - Well 36 91,421.92$
Total 780,472.18$
FY 23/24
Task 3.1 - Airport 2 133,760.00$
Task 3.2 - Mill Creek 2A 67,200.00$
Task 3.3 - Rees 112,640.00$
Task 1.2 - Church St. (Rescheduled per 1st Amendment) 139,303.94$ Task 3.5 - Mill Creek 4 61,570.00$
Task 3.6 - Redlands Heights 73,622.00$
Total 588,095.94$
PROJECT TOTAL 2,577,445.28$

REVISED BID SCHEDULE
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting L. 4.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with CDM Smith, Inc. for the Joint Utilities Laboratory Expansion Preliminary Design for an amount not-to-exceed $270,990; and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council determine approval of a Professional Services Agreement with CDM Smith, Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve a Professional Services Agreement with CDM Smith, Inc. for the Joint Utilities Laboratory Expansion Preliminary Design for the amount not-to-exceed $270,990.

2. RECOMMENDATION:

Staff recommends City Council determine approval of a Professional Services Agreement with CDM Smith, Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends approval of a Professional Services Agreement with CDM Smith, Inc. for the Joint Utilities Laboratory Expansion Preliminary Design for the amount not-to-exceed $270,990.

Redlands Regular Meeting of 06-06-2023

DISCUSSION:

The Redlands Joint Utilities Laboratory (JUL) is an Environmental Laboratory Accreditation Program (ELAP) accredited facility that analyzes water, wastewater, and biosolids samples collected throughout the City. The JUL facility was originally constructed in 1988 and has not been expanded or upgraded, although regulatory agency testing requirements have significantly increased since then. The facility must be expanded soon to allow for the placement of additional test equipment and sample storage areas.

On March 14, 2023, MUED issued a Request for Proposals to prepare a supplemental facility condition assessment report for the JUL. On April 04, 2023, the City received one (1) proposal from CDM Smith, Inc. (CDM Smith). In accordance with Chapter 2.16.180 of the Redlands Municipal Code, a City staff selection committee determined CDM Smith, who employs a licensed architect specializing in testing laboratory design, is qualified for this project. CDM Smith has successfully completed several laboratory facility design projects of similar scope and size.

Staff negotiated a reasonable design services fee and recommends City Council approval of a Professional Services Agreement with CDM Smith for an amount not-to-exceed $270,990. Approval of this Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, as the proposed action does not have the potential to cause any significant environmental impact.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Redlands Regular Meeting of 06-06-2023

Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Jungjoon Park, Laboratory Manager
Fiscal Impact
Fiscal Year: FY 22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $150,990
Budgeted Y/N: Yes
Account No.: 521910
Discussion:

There is no fiscal impact associated with this action. Sufficient funding for this project is included in the Fiscal Year 22/23 Wastewater Projects (521910) Budget.

Fiscal Year: FY 22/23
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $120,000
Budgeted Y/N: Yes
Account No.: 501910
Discussion:

There is no fiscal impact associated with this action. Sufficient funding for this purchase is included in the Fiscal Year 22/23 Water Projects (501910) Budget.

Attachments
CDM Smith Professional Services Agreement
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE

AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of Joint Utilities Laboratory Expansion Preliminary Design Services (“Agreement”) is made and entered in this 6 th day of June , 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“Ci ty”) and CDM Smith, Inc. a corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide Joint Utilities Laboratory Expansion Preliminary Design services for City (the “Services”).

1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it h as 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 this reference.

2.2 Consultant shall comply wi th 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.

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 such person shall have the authority to transmit instructions, receive information, inte rpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

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

4.2 Consultant shall complete the Services by June 30, 2024, unless the Services are terminated earlier as provided for herein.

Redlands Regular Meeting of 06-06-2023

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

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for the Consultant’s performance of the Services shall not exceed the amount of Two Hundred Seventy Thousand Nine Hundred Ninety ($270,990). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “ C,” titled (“ Fee Proposal”) which is attached hereto and incorporated herein by reference.

5.2 Consultant s hall 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 descri ption of reimbursable expenses related to the S ervices. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual deliv ery date if depo sited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case prop erly 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:

City Clerk Alberto Acevedo, Vice President
City of Redlands CDM Smith, Inc.
35 Cajon Street 46 Discovery, Suite 250
P.O. Box 3005 (mailing) Irvine, CA 92618
Redlands, CA 92373 Email: [email protected]
[email protected] Phone: (949) 930-7252
Phone: (909) 798-7531 Fax: (949) 515-9160

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements Redlands Regular Meeting of 06-06-2023

3 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE evidencing such insurance prior to commencement of the Services. Ins urance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from t he workers’ compensation laws of the St ate of Californi a. Consultant shall execute and provide City with Exhibit “D,” titled “Worke rs’ 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 ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate , for public liability, property dama ge and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contri buting to any insurance or self -insurance maintained by City.

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

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

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

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

Redlands Regular Meeting of 06-06-2023

4 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

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

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and fil e a Fair Political Practices Commission Form 700, Statement of Economic Interests , with the City Clerk’s office pursuant to the writ ten instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

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

8.2 Consultant shall not assign 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 Redlands Regular Meeting of 06-06-2023

5 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE assignment or attempted assignment without such prior written consent may, i n the sole discretion of City, result in City’s immediate termination of this Agreement.

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

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

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

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

8.7 This Agreement shall be governed by and construed in accord ance with the laws of the State of California , without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with thi s 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.

Redlands Regular Meeting of 06-06-2023

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8.8 If one or more of the se ntences, clauses, paragraphs or section s contained in t his Agreement is declared invalid, void or unenforceable by a court of compet ent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or in validate the remaining sentences, clauses, paragraphs o r sections contained herein, unless to do so would deprive a Party of a mater ial benefit of its bargain under this Agreement.

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

CITY OF REDLANDS CDM SMITH, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Alberto Acevedo, Vice President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

7 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE EXHIBIT "A"

SCOPE OF SERVICES

CDM Smith will prepare the Draft and Final SFCAR. This work will include completion of the following tasks to meet the requirements in the RFP. Below we provide the scope of work and approach to complete each task.

Task 1 - Project Management
Project Manager (PM) Brian Leto will serve as the primary point of contact for the City and will lead management activities to complete the project. Project management functions to be performed include:
 Setting up project in Oracle to track cost (earned value), personnel utilization, and schedule delivery status
 Setting up ProjectWise folder to manage records and files  Preparing for and conduct kick-off meeting
 Conducting a combined stakeholders input meeting, site/building condition survey, and evaluation
 Preparing monthly invoices and technical progress reports summarizing work completed, upcoming deliverables, and any issues requiring decisions or actions  Checking that quality procedures are conducted in accordance with our Quality Control Plan  Preparing for and conduct the following workshops:
 Workshop #1 – Present a summary of the existing Preliminary Design Report (PDR) and potential modifications to the document
 Workshop #2 – Work collaboratively with laboratory staff to finalize updates for new space requirements, structural modifications, and equipment; discuss future staff needs and requirements and equipment to be salvaged
 Workshop #3 – Present the Draft SFCAR
 Workshop #4 – Present the Final SFCAR
 Conducting virtual monthly meetings between the City’s PM and CDM Smith’s PM to discuss progress (technical meetings may be in person or virtual pending on the discipline[s] that will be covered)
 Preparing meeting agendas
 Providing draft meeting minutes for review and comment  Coordinating and conduct technical review meetings by discipline  Preparing written responses to the City’s comments on each submittal within one week of receipt
Deliverables:
 Project deliverable schedule and monthly project updates  Meeting agenda and meeting minutes
 Monthly invoices and progress status reports
 Schedule kick-off meeting, technical meetings, site visits and review workshops

Redlands Regular Meeting of 06-06-2023

8 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE Task 2 – Information Gathering and Review
The CDM Smith team will review all available information, including record drawings, design reports, and physical site evaluation reports. We will also review the existing PDR from 2021 and conceptual design drawings (30% submittal). Our team will focus on the following activities:
 Evaluating the existing PDR – 30% submittal
 Gathering other data related to existing drawings and specifications as provided by the City.

This information will serve as a basis for developing base drawings and an understanding of the existing building systems. Data to be provided includes:
 Electronic drawing files
 Site survey
 As-built drawings and specifications
 Previous reports and assessments
 The contractor is responsible for all research interviews, and investigation required for the project.
 Conducting physical condition assessment for preparation of the SFCAR  Site assessment and field data gathering will be performed by the PM, lab specialist architect, senior architect, and structural, mechanical, and electrical leads. The assessment will focus on the systems associated with office space and laboratory functions and not the systems associated with the administrative functions. Also, the lab specialist architect will require the City’s laboratory staff to provide operational information about workflow and critical lab areas of concern during the site visit.
 Organizing a project kick-off meeting, coupled with a Condition Assessment Review Workshop with stakeholders to review and discuss the preliminary findings and review of previous reports and drawings. Define present and future needs.  Organizing a stakeholder meeting/workshop to specifically focus on furniture, casework, equipment, and additional staff needs
Deliverables:
 Physical survey data
 Summary of technical data reviewed
 Workshop #1 – Review existing PDR

Task 3 – Evaluation of Existing PDR and Proposed Modifications This task involves preparing a technical memorandum (TM) for City staff on our findings and recommendations, including a preliminary program for adequate space requirements for staff, laboratory process and material flow, operational adjacencies, and an overall facility layout. The TM will include, but not to be limited to:
 Condition assessment of the existing building documenting current lab activities, systems, and equipment
 Code of Record of applicable codes, criteria, and project requirements  Program and schematic designs of the renovations and additions to the building and required upgrades to the equipment, laboratory furniture, and systems to comply with current safety, building code, and environmental standards
Redlands Regular Meeting of 06-06-2023

9 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE  Conceptual drawings of the laboratory and support spaces showing new casework, including benchtops, equipment, and support system
 Review and analysis of previous reports and drawings, highlighting additions and comments Deliverables:
 Workshop #2 – New space requirements and modifications to address future staff needs and requirements

Task 4 – Draft Supplemental Facility Condition Assessment Report In this task, the CDM Smith team will prepare the Draft SFCAR and present the City with:
 Renovation and expansion recommendations/options/issues  Conceptual drawings
 Renderings of the expanded facility
 A draft report will be provided to City staff for review and comment. The draft report will be based on a summary of the investigations and will include key recommendations categorized by priority, criticality, and remaining useful life of assets, per discussions with City staff. This will be the basis for the on-site Conceptual Design/Planning Workshop #3 in terms of key issues and remaining potential conflicts.

Conducting an on-site Conceptual Design Workshop with stakeholders will be critical and an extremely important tool to complete the Final SFCAR because it:
 Involves client stakeholders in the decision-making process and lets the stakeholders see unintentional consequences and impacts of the ideas/items they request in real time  Puts designers, client stakeholders, and project management on the same page; one key place where construction and phasing issues are front and center early in the design phase  Addresses issues that may arise between the request for proposal and the kick-off meeting, implications of as-built conditions discovered during the site visit, and the scope of work versus the construction budget
 Allows for the discussion of key issues and investigation of problem-solving solutions done on the screen with computer – early consensus on design and program is reached  The PM, senior architect and junior architect will be present on-site with the stakeholders, and other members of the project team will participate virtually.

Deliverables:
 Draft SFCAR
 Draft conceptual design drawings
 Workshop #3 – Present and review of the Draft SFCAR

Task 5 – Final Supplemental Facility Condition Assessment Report Based on the results of the Conceptual Design and Planning Workshop in Task 4, CDM Smith will prepare a Final SFCAR documenting final renovation/expansion, 30% design drawings, and program decisions. This report will describe the building systems required to accommodate the functional requirements of the laboratory. The report will include, but is not limited to the following sections:
 Executive Summary
 Project Background and Purpose
Redlands Regular Meeting of 06-06-2023

10 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE  Design Criteria (description of each building system, including architectural, mechanical, electrical, and fire protection)
 Building Code Key Determinations (code analysis including occupancy, type of construction, and life safety egress requirements)
 Opinion of Construction Cost (Class 1)
 Preliminary Construction Phasing
Deliverables:
 Final SFCAR
 Final conceptual design drawings
Workshop #4 – Present and review the Final SFCAR

Redlands Regular Meeting of 06-06-2023

11 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE EXHIBIT "B"

PROJECT SCHEDULE

Redlands Regular Meeting of 06-06-2023

12 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE EXHIBIT "C"

FEE PROPOSAL

1 Project Mangement and Meetings 280 58,980$ 5,500$ -$ 64,480$ 1-1 12 2,600$ 2,600$
1-2 30 7,050$ 500$ 7,550$
1-3 8 2,430$ 2,430$
1-4 Technical Meetings (6 @ 3 hours ea) 50 10,510$ 10,510$ 1-5 Workshop # 1 - Exisiting PDR review 42 8,230$ 1,250$ 9,480$ 1-6 26 5,690$ 1,250$ 6,940$
1-7 46 9,070$ 1,250$ 10,320$
1-8 36 7,880$ 1,250$ 9,130$
1-9 30 5,520$ 5,520$
2 Information Gathering and Review 124 24,120$ -$ 6,800$ 30,920$ 2-1 86 17,590$ 6,800$ 24,390$
2-3 38 6,530$ 6,530$
3 Evaluation of Exisitng PDR and Proposed Modifications 126 22,990$ -$ - $ 22,990$ 3-1 53 9,795$ 9,795$
3-2 30 5,830$ 5,830$
3-3 43 7,365$ 7,365$
4 Preparation of Draft Conceptual Design Report 588 94,270$ -$ - $ 94,270$ 4-1 108 18,900$ 18,900$
4-2 364 53,870$ 53,870$
4-3 70 12,330$ 12,330$
4-4 48 9,170$ 9,170$
5 Preparation of Final Conceptual Design Report 362 58,330$ -$ - $ 58,330$ 6-1 83 15,470$ 15,470$
6-2 219 32,910$ 32,910$
6-3 26 4,300$ 4,300$
6-4 34 5,650$ 5,650$
1,480 258,690$ 5,500$ 6,800$ 270,990$
Total
Hours
Identify gaps and/or new buidling code requirements
Prepare 30% Submittal Package
Summarize Recommendations and or modiifcations and
recommendations to the previous PDR
Conceptual Design Drawings
Draft Conceptual Design Report
Technical Specifications
Review of exisitng PDR
Project Kickoff Meeting (4 hours)
Invoicing Preparation
Data Gathering and Review
Montlhy PM Update Meetings (12 @ 30 min ea)
Workshop # 2 New Space Requirements and Modifications
Workshop # 3 Draft PDR Presentation
Fees
Totals
CDM Smith
Labor Fee
Other Direct
Costs
Surveying
Services
Total Fees
Final Conceptual Design Report
Final Conceptual Design Drawings
30% Design Technical Specifications
TASKS
Prepare Final 30% Submittal Package
Project Oracle Set-Up
Workshop # 4 Final PDR Presentation / Validation
Data Summary and Discoveries

Redlands Regular Meeting of 06-06-2023

13 I:\cmo\Agreements\CDM_Smith_Professional_Services_Agreement FY22-0167.doc - AE EXHIBIT "D"

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation i n one or more of the following ways:

(a) By being insur ed against liability to pay compensation by one or more insurer s duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of co nsent to self-insure, either as an individual employe r, or as one emp loyer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and a ctivities 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 wor kers’ compensation laws of California, immediately I sh all 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 t hat the information and representations made in this certificate are true and correct.

CDM SMITH, INC.

By: Date: ___________________
Alberto Acevedo, Vice President

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting L. 5.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8477 amending Resolution No. 8081 approving the First Amendment to the Agreement with Quinn Company to increase the total compensation for an amount not to exceed $739,500 for the provision of maintenance and service for heavy duty off-road equipment (Assistant City Manager Boatman) MOTION(S):

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

I move that the City Council adopt Resolution No. 8477 amending Resolution No. 8081 and approving the First Amendment to the Agreement with Quinn Company to increase the total compensation for an amount not to exceed $739,500 for the provision of maintenance and service for heavy duty off-road equipment.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 8477 amending Resolution No. 8081 and approving the First Amendment to the Agreement with Quinn Company to increase the total compensation for an amount not to exceed $739,500 for the provision of maintenance and service for heavy duty off-road equipment.

DISCUSSION:

The City of Redlands Facilities and Community Services Department's Equipment Maintenance Division oversees the maintenance of approximately 470 vehicles and the City’s fuel station. In June 2020, the City Council approved an agreement with Quinn Company for the maintenance and service for heavy duty off-road equipment.

Redlands Regular Meeting of 06-06-2023

Due to required repairs on several heavy duty vehicles specifically supporting the Solid Waste and Landfill division, staff is requesting an amendment to the agreement in order to increase compensation for the second and last extended term of the agreement by $126,000 to a not-to-exceed amount of $330,500, resulting in a total three-year agreement amount not-to-exceed amount of $739,500.

ALTERNATIVES:

City Council may elect not to approve Resolution No. 8477 and the First Amendment with Quinn Company. However, this action will adversely affect the division's ability to service the City's equipment.

STRATEGIC PLAN:

Not Applicable.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Tricia Swope, Manager, Facilities & Community Services
Fiscal Impact
Fiscal Year: FY 2022-23
Budgeted Y/N: Y
Account No.: 607900
Discussion:

Sufficient funding for this service is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2022-23 as approved by City Council.

Redlands Regular Meeting of 06-06-2023

Attachments
A. Resolution No. 8477
B. Resolution No. 8081
C. First Amendment with Quinn
D. Agreement with Quinn Company
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Resolutions\8477 FCS_Amend_Reso_8081_for_PO_modification_Quinn.docx - AE RESOLUTION NO. 8477

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING RESOLUTION NO 8081 REGARDING AN AGREEMENT WITH QUINN COMPANY FOR THE CITY’S FACILIT IES AND COMMUNITY
SERVICES DEPARTMENT FOR FISCAL YEAR 2022-23

WHEREAS, the Facilities and Community Services Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code; and

WHEREAS, on June 16, 2020, the City Council of the City of Redlands approved Resolution No. 8081 approving an agreement with Quinn Company for a period of one year, with options for two additional one-year terms; and

WHEREAS, there is a need to amend the agreement with Quinn Company due to increased vehicle repairs; and

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

Section 1. Section 7 of Resolution No. 8081 is hereby amended to read as follows:

“Section 7. The City Council hereby approves an agreement with Quinn Company for the provision of maintenance and service for heavy duty off-road equipment in an amount not to exceed $204,500 for the initial term of one year, with an additional one-year renewal option in an amount not to exceed $204,500 and a second one -year renewal option in an amount not to exceed $330,550 bringing the total to an amount not to exceed $739,500.”

Section 2. The Agreement with Quinn Company attached as Exhibit C to Resolution No. 8081 is modified as set forth in Exhibit A (“First Amendment to Agreement with Quinn Company”), attached hereto and incorporated by reference herein and is hereby approved by the City Council.

ADOPTED, SIGNED AND APPROVED this 6th day of June, 2023.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

2 I:\cmo\Resolutions\8477 FCS_Amend_Reso_8081_for_PO_modification_Quinn.docx - AE I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 6th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

3 I:\cmo\Resolutions\8477 FCS_Amend_Reso_8081_for_PO_modification_Quinn.docx - AE

EXHIBIT A

FIRST AMENDENT TO AGREEMENT WITH QUINN COMPANY
Redlands Regular Meeting of 06-06-2023

1 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
RESOLUTION NO. 8081

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING ANNUAL PURCHASE ORDERS FOR THE CITY’S FACILITIES AND COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2020-21

WHEREAS, the Facilities and Community Services Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code; and

WHEREAS, for fiscal year 2020-21, to support City operations and in accordance with the City’s purchasing policy, the following sole/single source purchase order requests, cooperative purchase orders, and agreements have been prepared for the City Council’s consideration and are attached hereto as Exhibits “A,” “B,” and “C,” respectively;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:

Section 1. The City Council her eby approves the sole/single source purchase order requests for Fiscal Year 2020-21 with Rush Truck Centers c/o Inter state Billing Services , San Bernardino County Landfill , Ray Gaskin Service Inc., Amrep, and Clean Energy Cryogenics, a subsidiary of Clean Energy.

Section 2. The City Council her eby approves the intergovernmental/piggyback (cooperative) purchase order with Superior Automotive Warehouse c/o Napa Auto Parts for the supply of as-needed auto parts in an amount not to exceed $121,000.

Section 3. The City Council hereby approves an agreement with AW Associates, Inc., for fuel site Designated Operator, maintenance, and repair services in an amount not to exceed $64,330 for a period of one year, with two additional one -year renewal options bringing the total to an amount not to exceed $192,990.

Section 4. The City Council hereby approves an agreement with Bronson Investments, Inc., for the provision of lift equipment maintenance and repair in an amount not to exceed $116,003.98 for a period of one year, with two additional one -year renewal options bringing the total to an amount not to exceed $348,011.

Section 5. The City Council hereby approves an agreement with Fairview Ford Sales Inc., for the provision of auto body repair services in an amount not to exceed $73,880.00 for a period of one year, with two additional one -year renewal options bringing the total to an amount not to exceed $221,640.

Section 6. The City Council hereby approves an agreement with On Power Industries for the provision of generator repair service and preventative maintenance in an amount not to Redlands Regular Meeting of 06-06-2023

2 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
exceed $30,530 for a period of one year, with two additional one -year renewal options bringing the total to an amount not to exceed $91,590.

Section 7. The City Council hereby approves an agreement with Quinn Company for the provision of maintenance and service for heavy duty off -road equipment in an amount not to exceed $204,500 for a period of one year, with two additional one -year renewal options bringing the total to an amount not to exceed $613,500.

Section 8. The City Council hereby approves an agreement with Wastebuilt Environmental Solutions, LLC for the provision of solid waste refuse collection truck parts in an amount not to exceed $129,370.10 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $388,110.30.

Section 9. The City Council her eby approves the single source purchase orders with Rush Truck Centers c/o Interstate Billing Services , San Bernardino County Landfill, Ray Gaskin Service Inc., Amrep, Clean Energy Cryogenics, a subsidiary of Clean Energy; the cooperative purchase order with Superior Automotive Warehouse c/o Napa Auto Parts; and the agreements/purchase orders with AW Associates, Inc., Bronson Investments, Inc., Fairview Ford Sales, Inc., On Power Industries, Quinn Company, and Wastebuilt Environmental Solutions LLC, are approved.

Section 10. The City Council hereby determines that the approval of the five (5) sole/single source purchase orders , one (1) cooperative purchase order , and six (6) agreements described in this resolution are exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act.

ADOPTED, SIGNED AND APPROVED this 16
th day of June, 2020

____________________________
Paul W. Foster, Mayor
ATTEST:

______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

3 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at regular meeting thereof held on the 16th day of June, 2020, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

4 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
Exhibit “A”

Sole/Single Source Purchase Orders

Staff is requesting approval for the annual purchase orders for the following sole/single source vendors for the not-to exceed amounts as described below.

Staff is requesting a single source annual purchase order with Rush Truck Centers c/o Interstate Billing Services. The requested parts are specific to Peterbilt make trucks within the City’s fleet; Original Equip ment Manufacturer ( OEM) parts have unique design features that cannot be replaced by non -OEM parts. Use of alternate parts would void manufacturer warranty. Rush Truck Centers is an approved seller and distributor of Peterbilt OEM parts; their location is in Fontana, CA, 17 miles from the corporate yard. The next closet vendor is Golden Sta te Peterbilt in Bakersfield, CA, 177 miles away from the corporate yard.

Original Equipment Manufacturer (OEM) Peterbilt Parts

Vendor Purchase Order Request
Rush Truck Centers c/o Interstate Billing
Services
$60,000

Staff is requesting a single source annual purchase order with the San Bernardino County San Timoteo Canyon Landfill for the disposal of bulky solid waste items. San Timoteo Canyon Landfill is the only landfill within the vicinity licensed to accept bulky items. Bulky items consist of items that have a poor compaction rate such as mattresses, palm fronds, and appliances. By hauling these materials to the San Timoteo Canyon Landfill, the amount entering the City -owned California Street Landfill is minimized, lessoning the impact for the usage of available airspace and adding valuable lifespan to the City's landfill. The requested amount of $121,000 is based on historical expenditures

Collection of Bulky Solid Waste Items

Vendor Purchase Order Request
San Bernardino County $121,000

Redlands Regular Meeting of 06-06-2023

5 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
Staff is requesting a single source annual purchase order with Clean Energy Cryogenics, a subsidiary of Clean Energy to fulfill all scheduled maintenance to include general up-keep and emergency maintenance as needed. Clean Energy Cryogenics will also replace any inoperable pumps, including parts and supplies.

Clean Energy Cryogenics is the primary source for technicians, equipment, and supplies to provide services to the City’s LNG station. While there are other companies that provide maintenance and repair services, these other companies cannot offer technicians who are experienced with the specific equipment that was installed by Northstar Inc., in 21 03. Using another source would cause significant delays in repairs and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime in LCNG sales.

Fuel Island Maintenance Service, and Parts

Vendor Purchase Order Request
Clean Energy Cryogenics, a subsidiary of Clean Energy $90,000

Staff is requesting a single source annual purchase order with Ray Gaskin Service Inc. The requested parts are specific to New Way make trucks within the City’s fleet; Original Equipment Manufacturer ( OEM) parts have unique design features that cannot be replaced by non- OEM parts. Use of alternate parts would void manufacturer warranty. R ay Gaskin Service Inc., is an approved seller and distributor of New Way OEM parts; their location is in Fontana, CA, 17 miles from the corporate yard. The next closet vendor is Ruckstell California Sales Co in Fresno, CA, 279 miles away from the corporate yard.

Original Equipment Manufacturer (OEM) New Way Parts

Vendor Purchase Order Request
Ray Gaskin Service Inc. $200,129.23

Staff is requesting a single source annual purchase order with Amrep. The only manufacturing source and provider of original Amrep bodies and parts are specific to Solid Waste trucks within the City’s fleet; Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non-OEM parts. Use of alternate parts would void manufacturer warranty.

Amrep Inc., is an approved manufacturer; their location is in Ontario , CA , 28 miles from the corporate yard.

Original Equipment Manufacturer (OEM) New Way Parts

Vendor Purchase Order Request
Amrep $100,000

Redlands Regular Meeting of 06-06-2023

6 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
Exhibit “B”
Cooperative Purchase Orders

Staff followed the City's procurement policies in regard to an existing cooperative contract agreement for Public Utility Equipment/Services with Sourcewell (formally the National Joint Powers Alliance or NJPA).

By utilizing the Sourcewell cooperative purchasing, the City can benefit from previously posted bid packages that have been competitively bid and awarded in conformance with the City's procurement policies. Agencies can review bid results from more than 50,000 government, education, and nonprofit organizations and draw from the terms and pricing for like units and vehicles.

Staff is recommending the that the City Council approve the Sourcell (NJPA) c ooperative purchase order with Napa Auto Parts through the Sourcewell Contract Number 062916-gp c for the supply of as-n
eeded
auto parts. The requested annual purchase order in the amount of $1 21,000 is based on historical expenditures.

Supply of As-needed Auto Parks
Vendor Purchase Order Request
Superior Automotive Warehouse c/o Napa
Auto Parts
$121,000

Redlands Regular Meeting of 06-06-2023

7 L:\ca\Reso\8081 FCS Annual POs FY 20-21.docx
Exhibit “C”
Annual Agreements

AW Associates, Inc.

Bronson Investments, Inc.

Fairview Ford Sales, Inc.

On Power Industries
Quinn Company
Wastebuilt Environmental Solutions, LLC

Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Agreements\Quinn First_Amendment FY22-0172.docx - AE

FIRST AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL

SERVICES FOR EQUIPMENT AND SUPPLIES

This First amendment (“First Amendment”) to the agreement for the provision for heavy duty off -road equipment (“Agreement”), dated June 16, 2020, by and between the City of Redlands, a municipal corporation and a general law city ( “City”), and Quinn Company, a California corporation (“Contractor”), is made and entered into this 6th day of June, 2023.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically the payments to contractor;

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

AGREEMENT

Section 1. Article 5 of the Agreement, entitled “Payments to Contractor ,” is hereby amended to read as follows:

The compensation for Contractor’s performance of the Services shall not exceed the amount of Two Hundred Four Thousand Five Hundred Dollars ($ 204,500) for the Services provided during the Initial Term. The compensation for Contractor’s performance for the Services shall not exceed the amount of Two Hundred Four Thousand Five Hundred Dollars ($204,500) for the first Extended Term; and Three Hundred Thirty Thousand Five Hundred Dollars ($ 330,500) for the second Extended Term, bringing the total possible amount of compensation to a not -to- exceed amount of Seven Hundred Thirty-Nine Five Hundred Dollars ($739,500).

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

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of June 6, 2023.

CITY OF REDLANDS QUINN COMPANY

________________________________ By: ________________________________ Eddie Tejeda, Mayor Scott Ashley, PSSR

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

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City Council/Successor Agency Meeting L. 6.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Public Works Contract with F.M. Thomas Air Conditioning, Inc. for an amount not-to-exceed $193,050 for the A.K. Smiley Public Library Boiler Replacement Project, and determine that the project is exempt from environmental review pursuant to Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council determine that approval of the Public Work Construction Contract with F.M. Thomas Air Conditioning, Inc. for the A.K. Smiley Public Library Boiler Replacement Project is exempt from environmental review pursuant to Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve an award of the public works construction contract to F.M. Thomas Air Conditioning, Inc. in the amount of $193,050 for the A.K. Smiley Public Library Boiler Replacement Project.

2. RECOMMENDATION:

Staff recommends that City Council determine that approval of the Public Work Construction Contract is categorically exempt from environmental review in accordance with Section 15302(c) of the State’s guidelines implementing the California Environmental Quality Act. Staff further recommends that the City Council approve an award of contract with F.M. Thomas Air Conditioning, Inc., for an amount not-to-exceed $193,050 for the A.K. Smiley Public Library Boiler Replacement Project No. FCS03072023JN.

Redlands Regular Meeting of 06-06-2023

DISCUSSION:

A.K. Smiley Public Library (Library) as a historical institution has served generations of patrons in the City of Redlands and beyond for over a century.

The Library's mechanical infrastructure was upgraded in 1990 and has been maintained by the City. The existing boiler system has reached the end of its useful life and is no longer efficient. As a result, the Library has experienced serious malfunctions, hot water outages, higher operating costs, and a reduced level of service for its patrons. The boiler replacement proposed by the city staff is a critical infrastructure improvement that will enhance the Library's ability to provide a safe and comfortable environment for patrons and staff.

City staff conducted an inspection in early 2022 and confirmed that the existing boiler and all related appurtenances are at a point where repairs are neither feasible nor sustainable. In June of 2022, staff proceeded with issuing a request for proposals (RFP) for the design of a boiler system. The project design RFP was followed by a request for bids (RFB) for construction. The scope of the project consists of the removal and replacement of the existing boiler, boiler pumps, expansion tanks, new piping within the room, and reconnection of existing power to the new boiler and boiler pumps. Design West Engineering prepared the plans and specifications, and city staff advertised the project on April 6, 2023. The City Clerk's office received and opened two (2) bids for the project on April 26, 2023. The bids were reviewed by staff to determine if they were responsive to bid requirements. Based on the attached bid analysis, F.M.

Thomas Air Conditioning, Inc. is the lowest responsive and responsible bidder.

Therefore, it is recommended that the City Council award a Public Work Construction Contract to F.M. Thomas Air Conditioning, Inc., for an amount not-to-exceed $193,050.

The following three (2) Project bids were received before the submittal deadline:

BID OPENING REPORT SUMMARY

BIDDER BID AMOUNT

1. BT Construction * $138,158.90

2. F.M. Thomas Air Conditioning, Inc. $193,050.00
* An arithmetic error was discovered in the bid proposal. Bid Item #1 and #2 were not correctly totaled, the total bid amount was corrected based on the given unit price and highlighted in the attached bid analysis to identify arithmetic errors.

The bidder was considered non-responsive because they did not provide the appropriate specialty license, either for themselves or for their sub-contractor, and did not demonstrate sufficient qualifying experience in construction of at least three projects of a type similar in magnitude and character.

Furthermore, the project is categorically exempt from environmental review in accordance with Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves removal and replacement of existing facilities involving negligible or no expansion of capacity.

Redlands Regular Meeting of 06-06-2023

ALTERNATIVES:

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

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 101190-8501
Discussion:

The FY 2021-22 budget included $350,000 for boiler replacement costs, which has been carried over to the current fiscal year. The total cost of the project will be $212,355.00 ($193,050 plus a 10% contingency).

Attachments
Public Work Contract
Bid Opening Report
Bid Analysis
Redlands Regular Meeting of 06-06-2023

1 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 6th day of June, 2023, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and F.M. Thomas Air Conditioning, 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: A K Smiley Public Library Boiler Replacement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s A K Smiley Public Library Boiler Replacement Project, FCS03072023JN (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of One hundred ninety- three thousand and fifty dollars ($193,050.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit s ecurities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within Ninety (90) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages ar e, 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 fi ve 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 following: N otice 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 entitle d to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the Redlands Regular Meeting of 06-06-2023

2 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE 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 D ocuments 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 PAGE]

Redlands Regular Meeting of 06-06-2023

3 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE IN WITNESS WHEREOF, the P arties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Eddie Tejeda, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

Thomas Feyka______________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

President_______________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

Redlands Regular Meeting of 06-06-2023

4 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE

WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Facilities and Community Services Department
A K Smiley Public Library Boiler Replacement Project
FCS03072023JN
______________________
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 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 Industria l Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm tha t at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any pe rson such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

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

Dated this day of , 2023.

F.M. Thomas Air Conditioning, Inc.
(Contractor)
_____________________________________
(Signature)
President_________________________
(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.)
Redlands Regular Meeting of 06-06-2023

5 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE

FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of California, and F.M. Thomas Air Conditioning, Inc. (hereinafter designated as "Principal") have entered into an agreement dated June 6th, 2023 (“Agreement”) whereb y Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as A K Smiley Public Library Boiler Replacement Project and is hereby referred to and made a part hereof; and

Whereas, said Principal is req uired 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 One hundred ninety- three thousand and fifty dollars ($193,050.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if th e 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 pe rformed 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 shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

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

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

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

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and respons ible bidder, arrange for a contract between such bidder and the Ci ty, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, Redlands Regular Meeting of 06-06-2023

6 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall 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 completin g 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 Pr incipal’s further participation in the completion of the Work.

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

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be 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 S urety above named, on , 2023.

(SEAL) (SEAL)

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

Address:___________________________________
__________________________________________
(Seal and Nota rial Acknowledgment of
Surety)
Telephone ( )___________________________

Redlands Regular Meeting of 06-06-2023

7 I:\cmo\Agreements\F.M._Thomas_Air_Conditioning FY22-0169.doc - AE

LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and F.M. Thomas Air Conditioning, Inc. (hereinafter designated as “Principal”) have enter ed into an agreement (the “Agreement”) whereby Prin cipal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated June 6 th, 2023 , and identified as A K Smiley Public Library Boiler Replacement Project, FCS03072023JN 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 se cure the claims 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 City 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 One hundred ninety- three thousand and fifty dollars ($ 193,050.00) for materials furnishe d or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in 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 cos ts and to be included i n 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 w ith Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner af fect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.

(SEAL) (SEAL)

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

Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

ATTACHMENT "C"
PROJECT NO.FCS03072023JN BID DATE: 26-Apr-2023
A K SMILEY PUBLIC LIBRARY BOILER EST. START DATE: 20-Jun-2023 Unit Price Item Price Unit Price Item Price
1 Mobilization (Maximum 5%
of Total Base Bid Price) 1 LS $6,912.95 $6,912.95 $9,502.00 $9,502.00 2 Installation per plans, plan dated 03/01/2023 1 LS $131,245.95 $131,245.95 $183,548.00 $183,548.00 Total Bid Schedule
Addition error, bid item #1
and #2 are not totaled
correctly.

CITY OF REDLANDS

FACILITIES AND COMMUNITY SERVICES DEPARTMENT

BID ANALYSIS
Item
No.

FM Thomas Air
Conditioning IncBid Item Quantity Unit BT Construction
$193,050.00$138,158.90
Low Bidders #1, #2 and #3
Sheet 1 of 2
Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting L. 7.

DATE: 06/06/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration and re-introduction of ORDINANCE No. 2922, AN

ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER

12.45 AND AMENDING CHAPTER 12.44 TO THE REDLANDS

MUNICIPAL CODE TO ESTABLISH REGULATIONS GOVERNING
SIDEWALK VENDING, and a determination that the ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

The following motion includes the Ad Hoc Committee's suggested changes, including the ability to confiscate food when it is determined by the City’s enforcement officer that there is an immediate threat to public health and safety:

I move to re-introduce Ordinance No. 2922, titled, AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.45 AND
AMENDING CHAPTER 12.44 TO THE REDLANDS MUNICIPAL

CODE TO ESTABLISH REGULATIONS GOVERNING SIDEWALK
VENDING and determine that the ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

1. OR,
The following motion includes the Ad Hoc Committee's suggested changes but excludes
the ability to confiscate food when it is determined by the City’s enforcement officer that there is an immediate threat to public health and safety.

Redlands Regular Meeting of 06-06-2023

I move to re-introduce Ordinance No. 2922, titled, AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.45 AND
AMENDING CHAPTER 12.44 TO THE REDLANDS MUNICIPAL

CODE TO ESTABLISH REGULATIONS GOVERNING SIDEWALK
VENDING, excluding Section 12.45.60(D) which permits the confiscation of food if it is determined by the City’s enforcement officer that there is an immediate threat to the public health and safety, and determine that the ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

2. RECOMMENDATION:

At the direction of the City Council at the April 4, 2023 meeting, a subcommittee was formed to provide further modifications to Ordinance No 2922. This ordinance will add Chapter 12.45 and amend Chapter 12.44 of the Redlands Municipal Code relating to the regulation of sidewalk vendors within the City.

Furthermore, the adoption of Ordinance No. 2922 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

The California Legislature passed Senate Bill 946 which prohibits cities from banning sidewalk vending outright or from otherwise restricting sidewalk vendors in the public right-of-way and in public parks. In recent years, the city has seen a trend in the operation of sidewalk vendors within the city limits. Currently, the City's Municipal Code does not contain regulations for the operation of sidewalk vendors.

On March 21, 2023, the City Council approved the introduction of an ordinance of the City of Redlands adding Chapter 12.45 and amending Chapter 12.44 to the Redlands Municipal Code to establish regulations governing sidewalk vending. On April 4, 2023 this item was brought back to the City Council to discuss a few minor revisions that were necessary for the new ordinance. Upon consideration of the item, the City Council agreed to delay the vote on the matter and authorized Mayor Pro Tem Barich and Council Member Guzman-Lowery to meet as an ad hoc committee to review the recommendations as provided by Maribel Nunez of the Inland Equity Community Land Trust and in partnership with ICIJ Coalition and report back to the City Council in May 2023.

The City Council ad hoc committee submitted their recommendations and recommended the following additional revisions to Ordinance No. 2922. The first section pertains to stationary sidewalk vendors, which is defined as a person who sells, offers to sell, operates, engages in, or carries on a food or Redlands Regular Meeting of 06-06-2023

merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

Section 12.45.030 Stationary Sidewalk

B.5: Allow stationary sidewalk vendors to have a small shade structure.

Staff response: The previous draft prohibited shade structures because they commonly infringe on ADA path of travel. Staff has revised the draft to include an allowance for umbrellas so long as the placement does not limit ADA path of travel.

B.8: Allow stationary sidewalk vendors to operate a minimum of 200 feet from a farmers' market or special events, rather than 500 feet as originally drafted.

Staff response: The draft ordinance has been updated to require a distance requirement of 200 feet from a farmers’ market or special events.

B.10: Allow stationary sidewalk vendors to operate on business area sidewalks so long as they do not block ADA accessibility.

Staff response: Staff has removed the reference to “Business Area Sidewalk” from the draft ordinance as the remaining provisions address ADA accessibility.

B.12: Allow stationary sidewalk vendors to operate within 100 feet of a school rather than 500 feet.

Staff response: The draft ordinance has been updated to require a distance requirement of 100 feet from a school.

Section 12.45.050 Roaming Sidewalk Vending

The section pertains to roaming sidewalk vendors, which is a vendor who moves from place to place and stops only to complete a transaction. The changes mirror the changes to Section 12.34.030 as noted above and thus, the draft ordinance has been updated to reflect the changes.

A.1: Revised the hours that roaming vendors may operate.

Staff response: For residential zones, the hours have been changed to “sunrise to sunset”.

A.6: Allow roaming sidewalk vendors to operate a minimum of 200 feet from a farmers' market or special events, rather than 500 feet as originally drafted.

Staff response: The draft ordinance has been updated to require a distance requirement of 200 feet from farmers’ markets or special events.

A.7: Vendors can operate on business area sidewalks so long as they do not block ADA accessibility.

Redlands Regular Meeting of 06-06-2023

Staff response: Staff has removed the reference to “Business Area Sidewalk” from the draft ordinance as the remaining provisions address ADA accessibility.

A.8: Allow roaming sidewalk vendors to operate within 100 feet of a school rather than 500 feet.

Staff response: The draft ordinance has been updated to require a distance requirement of 100 feet from a school.

Section 12.45.060 Administrative Fines

A: This section pertains to administrative fines that may be issued if an individual fails to comply with the provisions of the ordinance. The original draft mirrored state law. However, State law allows the fines to be modified so long as they do not exceed the limits permitted by State law.

For the first violation, the fine is eliminated and the City is required to issue1. a warning, regardless of the circumstances.

For the second violation, the fine is reduced from $100 to $50.2.

For the second violation, the fine is reduced from $200 to $100.3.

For the third violation, the fine is increased from $500 to $1000. However, state law limits the maximum fine to $500, so the draft has been modified to reflect the limit of $500
.

4. Staff Response: The fine amount is a policy decision of the City Council so long as it is consistent with State law. Staff has modified the draft ordinance to reflect these changes.

D: Section D of the original draft included the ability for the City to confiscate food and equipment, which was intended for only those circumstances when repeat offenders refuse to comply. The committee's decision was split on this issue.

Councilmember Guzman-Lowrey's recommendation: Eliminate the section in its entirety. With this change, City staff would exclusively utilize administrative fines and would not be permitted to confiscate food or equipment, regardless of the circumstances.

Mayor Pro Tem Barich's recommendation: Eliminate the ability to confiscate equipment but retain the ability to confiscate food when there is an immediate threat to public health and safety. The draft ordinance includes this language so that Council may consider both options.

Staff Response: The City's ability to enforce regulations pertaining to sidewalk vending is included in State law but presents some unique challenges. In the case of traditional code enforcement (non-street vendors), an administrative fine is issued to an individual or business. The individual receiving the fine may then pay the fine or file an appeal. If the individual fails to pay the fine, the City may Redlands Regular Meeting of 06-06-2023

collect by placing a lien on the real property associated with the violation.

However, in the case of sidewalk vending, there is no property associated with the violation because this ordinance only pertains to parks and the public right-of-way, so the fine can only be collected directly from the individual or business.

However, there are limited options to validate a sidewalk vendor's identification.

Thus, if the individual fails to pay, the City may have no ability to enforce the ordinance. Staff has encountered instances where vendors have continued to return despite repeated fines and warnings. Including the ability to confiscate food would provide staff with an additional option when there is an immediate threat to public health and safety and a vendor refuses to comply.

Other minor typographical changes are included in the latest draft and are shown in redline.

Adoption of the proposed ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act. The ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility that it may have a significant effect on the environment.

The sidewalk vendors will operate within the existing public right of way pursuant to the regulations set forth in the attached ordinance which will ensure public safety and traffic control measures. In addition, the operation of these vendors within the existing public right of way will not result in the necessary expansion of existing facilities.

ALTERNATIVES:

The City Council may elect not to approve Ordinance No. 2922 with suggested revisions and provide staff with further direction.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Redlands Regular Meeting of 06-06-2023

PREPARED BY:

Tabitha Kevari, Facilities & Community Services Assistant Director Redlands Regular Meeting of 06-06-2023

Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:

The City's code enforcement division consists of three full-time officers and one senior officer who work during normal City business hours. A significant number of the complaints received concern vendors operating at night or on weekends.

The City is currently evaluating options to provide additional support during the night and on weekends. The specific costs are unknown at this time, but it is anticipated that additional support will be funded by the Facilities and Community Services operating budget.

Attachments
City Council Revisions
Redline Ordinance
Ordinance 2922
Redlands Regular Meeting of 06-06-2023

Redlands Regular Meeting of 06-06-2023

1 4809_Ordinance 2922 _Sidewalk_Vending

ORDINANCE NO. 2922
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.45 AND AMENDING CHAPTER 12.44 TO THE REDLANDS MUNICIPAL CODE

TO ESTABLISH REGULATIONS GOVERNING SIDEWALK VENDING

WHEREAS, the City of Redlands (“City”) is a municipal corporation and general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, Article XI, section 7, of the Cali fornia Constitution grants the City broad discretionary power to "make and enforce within its limits all lo cal police, sanitary, and other ordinances and regulations not in conflict with general laws;” and WHEREAS, in 2018, the California Legislat ure passed Senate Bill 946 (California Government Code Section 51036, et seq .) (“SB 946”), which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and WHEREAS, the standards imposed on sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act (“ADA”) and maintain minimum safe access along public sidewalks; and WHEREAS, the standards for maintaining acces s to building entrances, and not blocking driveways, parking areas and building storefront exits and window s are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote law enforcement practices that allow the City's Police personnel to observe within buildings; and WHEREAS, the City Council of the City of Redlands (“ City Council”) finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the publ ic health, safety and welfare and to provide for the orderly administration and ma intenance of the public way for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and WHEREAS, the City Council finds that pu blic and private persons who install encroachments in the public rights-of-way bear a responsibility to help preserve the public rights- of-way and to contribute to the administrative costs incurred by the community because of such encroachments; and
WHEREAS, this City Council further finds that, unless properly regulated, sidewalk vending poses a unique risk to th e health, safety, and welfare of the public, including, but not limited to, impacts to pedestrian and vehicular traffic, pedestrian safety and mobility, ADA accessibility to public sidewalk and rights -of-way, unsanitary conditions involving food Redlands Regular Meeting of 06-06-2023

2 4809_Ordinance 2922 _Sidewalk_Vending

preparation and disposal which may harm consumers and adversely impact the local environment, pose risks to children, and adversely impacts consumer protection; and WHEREAS, the City Council finds that vendors have disposed of food byproducts such as oil, grease, and other contaminants into the City’s storm drains in violation of State and Local laws and additional regulations on vending activities are necessary to pr otect the City’s storm drains and storm water from hazardous environmental contaminants; and WHEREAS, imposing a distance requirement for sidewalk vending activities from popular local tourist attractions; city-s ponsored and co-sponsored events and Certified Farmers’ Market events; schools; the Redlands Municipal Airport; the Redlands Sports Park, and other sports venues on event days; will alleviate pedestria n, tourist, and vendor safety concerns of overcrowding on sidewalks, and pedestrians walking in the street and along the sidewalk to keep moving forward; and
WHEREAS, these venues also experience a high amount of traffic, affecting the safety of pedestrians and motorists and the accessibility need s of persons with disabilities, due to a high concentration of visitors at one time; and
WHEREAS, imposing distance requirements for sidewalk vending activities near sensitive uses such as schools, churches, public utilities and at bus and train stops where riders embark and disembark are necessary to protect the public health, safety, and welfare; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, an d other places frequented by children, warrants imposing certain regulatory measures to protect the health, safety, and welfare of the community and local environment; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes is an objective harm to the health, safety, and welfare of the City's residents and visitors.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 12.45, titled “Sidewalk Ve nding,” is hereby added to the Redlands Municipal Code to read as follows:
“12.45 SIDEWALK VENDING
SECTIONS:

12.45.010 Purpose

12.45.020 Definitions

12.45.030 Stationary Sidewalk Vending Locations and Standards

12.45.040 Standards for Sidewalk Vending in Parks

12.45.050 Standards for Roaming Sidewalk Vending

12.45.060 Administrative Fines
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3 4809_Ordinance 2922 _Sidewalk_Vending

12.45.010 PURPOSE: The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welf are of residents and visitors and the local environment. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community and the local environment while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community and the local environment.

12.45.020 DEFINITIONS: For purposes of this Chapter, the following words shall have the meanings ascribed to them:

A. “Certified Famers’ Market” means a locati on operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Redlands.

C. “Park” means a public park owned by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending bus iness from a pushcart, stand, display, pedal- driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

F. “Stationary sidewalk vendor or vending” means a sidewalk ve ndor who engages in sidewalk vending from a fixed location.

G. “City Event Permit” means a permit issued by the City for tem porary uses (i.e. special event permits, temporary use permits, film permits, or park reservations).

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1. 6th Street from East Olive Avenue to West Pearl Avenue.

2. East Olive Avenue, from Cajon Street to East Citrus Avenue.

3. East Vine Street, from Cajon Street to 6th Street.

4. North 5th Street, from East Citrus Avenue to East Redlands Boulevard.

5. 7th Street, from East Citrus Avenue to East Redlands Boulevard.

6. 8th Street, from East Citrus Avenue to East Redlands Boulevard.

7. 9th Street, from East Citrus Avenue to East Redlands Boulevard.

8. Colton Avenue, from Tennessee Street to 6th Street.

9. Orange Street, from Colton Avenue to Lugonia Avenue.

H. “Event Day” means the calendar day of any con cert, trade show, conference, sporting event, or any other event potentially attracting large numbers of persons and vehicles to the venue.

I. “Solicitor” or “canvasser” shall mean any indivi dual, whether a resident of the City or not, using telephone service or other communication, or traveling by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street taking, or attempting to take, orders for the sa le of goods, wares, merchandise, or personal property of any natu re whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such indi vidual has, carries, or exposes for sale a sample of the subject of such sale or whether the individual is collecting advance payments on such sales or not.

1. “Solicitor” or “canvasser” shall include any person who, for such person, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, vehicle, hotel room, lodging house, apartment, shop, or any other place in the City for the sole purpose of exhibiting samples and taking orders for future delivery.

2. Such definition shall not include solicitors or canvassers taking or ders or displaying merchandise exclusively from a public sidewalk or public pedestrian path in compliance with Chapter 5.60 of this Code.

12.45.030 STATIONARY SIDEWALK VENDING LOCATIONS AND STANDARDS:

A. Stationery sidewalk vendors are prohibited from operating in the City unless they have obtained a valid business license. As part of the application for a business license, the stationary sidewalk vendor shall submit proof of general liability insurance naming the City of Redlands as an additional insured in the amount of one million dollars ($1,000,000) and, if the vendor is preparing and/or selling food, a copy of a current San Bernardino County Department of Environmental Health Services permit issued to the vendor.

B. Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City..

C. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, 7:00 a.m. to 2:00 a.m. Monday through Sunday provided they meet the following:

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1. The sidewalk vendor can set up vending operations while still leaving a minimum of thirty- six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

2. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

3. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces or building windows; and

4. No vending shall occur within fifteen (15) feet of a fire hydrant, fire escape, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

5. In order to achieve the minimum accessible path of travel set forth in subsection C.1, only one (1) table, and two (2) chairs and one (1) umbrella shall be permitted in conjunction with the vendor’s vending activities. No fences, shad e structures, other site furniture, or any freestanding signs are permitted; and

6. The vendor shall not attach or use any water lines, electrical lines, gas lines or power generators during vending operations; and

7. Exterior storage or display of refuse, equipm ent, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

8. No vending shall occur within two five hundred (2500) feet of any City-sponsored or co- sponsored events, the Certified Farmers' Market, construction-related street or lane closure, filming location, the Redlands Municipal Airport, Event Day, or an event held pursuant to a City Event Permit; and

10. No vending shall occur on Business Area Sidewalk where ADA accessibility is limited and the negative impacts to pedestrian safety due to overcrowding on the sidewalk or overcrowding of parking, such as, but not limited to with the potential of causing pedestrian and traffic safety issues; and

11. 9. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and

12.10. No vending shall occur within one hundredthirty (10030) feet of the property line of any school; any postsecondary educational fa cility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

13.11. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and Redlands Regular Meeting of 06-06-2023

6 4809_Ordinance 2922 _Sidewalk_Vending

14.12. No vending shall occur within three (3) fe et of any existing subsurface utility box, valve, or vault; and

15.13. No vending shall occur within thirty (30) feet of another vendor; and

16.14. No vending shall occur within three (3) feet of train and bus stop locations, red curbs, or at locations where there are existing above-gr ound amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and

17.15. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

18.16. No vending shall occur within thirty (30) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and

19.17. Open burning or open flame devices are not permitted to be utilized.

12.45.040 STANDARDS FOR SIDEWALK VENDING IN PARKS:

A. Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any City Park with a concession stand ope rated by a vendor under exclusive contract with the City selling similar food or merchandise.

B. Sidewalk vendors may operate in Parks provided they meet the following:

1. For stationary sidewalk vending, the sidewalk vendor can set up vending operations while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

2. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and

3. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

4. The sidewalk vendor location doe s not block entrances to bu ildings, driveways, parking spaces, or building windows; and

5. No vending shall occur within five hundred (500) feet of an Event Day or event held pursuant to a City Event Permit; and

6. No vending shall occur within a corner cutoff ar ea. A corner cutoff area is that area at all intersecting and intercepting stre ets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the poi nts located on both sides and front or rear property lines at a distance of th irty (30) feet from the inte rsection of such lines at the corner of a street or highway; and

7. The sidewalk vendor does not cause an undue concentration of comm ercial activity that unreasonably interferes with the scenic and natural character of the park or the public's use Redlands Regular Meeting of 06-06-2023

7 4809_Ordinance 2922 _Sidewalk_Vending

and enjoyment of natural resources, including the accessibility of such natural resources by persons with disabilities, and recreational op portunities or regulations directly related to objective health, safety or wellness concerns; and

8. No vending shall occur in public streets, road ways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

9. Open burning or open flame devices are not permitted to be utilized.

12.45.50. STANDARDS FOR ROAMING SIDEWALK VENDING:

Roaming sidewalk vendors shall meet the following:

1. Roaming sidewalk vendors are prohibited fro m operating in the City unless they have obtained a valid business license . As part of the application for a business license, the roamingstationary sidewalk vendor shall submit proof of general liability insurance naming the City as an additional insured in the amount of one million dollars ($1,000,000) and, if the vendor is preparing and/or selling food, a copy of a current San Bernardino County Department of Environmental Health Services permit issued to the vendor; and

2. Sidewalk vending hours for residential zones shall be conducted from sunrise to sunset between the hours of 10:00 a.m. and 6:00 p.m. Sunday through Saturday; and

3. The sidewalk vendors shall maintain their temporary vending area in a clean, orderly, and sanitary condition; and

4. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

5. The sidewalk vendor does not conduct sales from a public street; and

6. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting str eets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through th e points located on both sides and front or rear property lines at a distance of thirty (3 0) feet from the intersection of such lines at the corner of a street or highway; and

7. No vending shall occur within twofive hundred ( 2500) feet of a city-sponsored or co- sponsored event, the Certified Farmers' Market, construction-related street or lane closure, filming location, the Redlands Municipal Airport, an Event Day or an event held pursuant to a City Event Permit; and

8. No vending shall occur on Business Area Sidewalk where ADA accessibility is limited and the negative impacts to pedestrian safety due to overcrowding on the sidewalk or overcrowding of parking areas, with the potenti al of causing pedestrian and traffic safety issues; and
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9.8. No vending shall occur within one hundredthirty (10030) feet from the property line of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

10.9. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and

11.10. No vending shall occur within three (3) fe et of any existing subsurface utility box, valve, or vault; and

12.11. No vending shall occur within thirty (30) feet of another vendor; and

13.12. No vending shall occur within three (3) feet of train and bus stop locations, red curbs, or at locations where there are existing above-gr ound amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and

14.13. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

15.14. No vending shall occur within thirty (30) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and

12.45.60 ADMINISTRATIVE FINES:

A. It is unlawful for any person to violate an y provision, or fail to comply with any requirements, of this Chapter. A violation of this Chapter shall by punished by:

1. A Notice of Violation shall be issued n administrative fine not exceeding one hundred dollars ($100) for a first violation.

2. An administrative fine not exceeding fifty two hundred dollars ($50200) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding onefive hundred dollars ($1500) for a third violation within one (1) year of the first violation.

3.4. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

B. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisi ons of this Chapter shall not be subject to arrest except when otherwise permitted under law.

C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay dete rmination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

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1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty pe rcent (20%) of the administrative fine imposed pursuant to this Chapter.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

D. A sidewalk vendor that is preparing and/or selling food without a valid San Bernardino County Department of Environmental Health Services permit may have their equipment confiscated and food discarded when it is determined by the City’s enforcement officer that there is an immediate threat to the to ensure the public health and safety.

E. Nothing contained herein shall be construed to impede the City's or the County's ability to enforce San Bernardino County Health Department codes and regulations.” Section 2. Section 12.44.050, titled “Solicitation Prohibited” is hereby amended as follows:
“Except as provided in Chapter 12.45 of this Code, no person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any city park or building, or sell or offer for sale any merchandise, article, or anything whatso ever, unless such person is acting pursuant to a contract with the city, or pursuant to a permit granted by the director or approved by the city council.”

Section 3. Section 12.44.240, titled “Commercial Activity Prohibited” is hereby amended as follows:

“Except as provided in Chapter 12.45 of this Code, no person shall practice, carry on, conduct, or solicit for any trade, occupation, business or profession except upon application to and as may be permitted by the director; provided, however, in the director's discretion, the director may forward any such application to the city council for consideration. In the event the director or city council determines that commercial activity may be permitted, a concessionaire fee may be imposed as a condition of the issuance of such permit.”

Section 4. Severability. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entit y, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstituti onality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it woul d have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this ordi nance is exempt from CEQA as there is no possibility that this Ordinance or its implementat ion would have a signifi cant negative effect on Redlands Regular Meeting of 06-06-2023

10 4809_Ordinance 2922 _Sidewalk_Vending

the environment. 14 Cal. Code Regs. § 15061(b )(3). The City Clerk sh all cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

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Section 6. The Mayor shall si gn 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.

ATTEST: Eddie Tejeda, Mayor

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

12 4809_Ordinance 2922 _Sidewalk_Vending

I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of March, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

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ORDINANCE NO. 2922
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.45 AND AMENDING CHAPTER 12.44 TO THE REDLANDS MUNICIPAL CODE

TO ESTABLISH REGULATIONS GOVERNING SIDEWALK VENDING
WHEREAS, the City of Redlands (“City”) is a municipal corporation and general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, Article XI, section 7 , of the California Constitution grants the City broad discretionary power to "make and enfo rce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws;” and WHEREAS, in 2018, the California Legislature passed S enate Bill 946 (California Government Code Section 51036, et seq .) (“SB 946”), which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and WHEREAS, the standards imposed on sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act (“ADA”) and maintain minimum safe access along public sidewalks; and WHEREAS, the standards for maintaining access to building entrances, and not blocking driveways, parking areas and building storefront exits and windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote law enforcement practices that allow the City's Police personnel to observe within buildings; and WHEREAS, the City Council of the C ity of Re dlands (“City Council”) finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety and welfare and to provide for the orderly administration and maintenance of the public way for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and WHEREAS, th e City Council finds that public and private persons who install encroachments in the public rights-of-way bear a responsibility to help preserve the public rights- of-way and to contribute to the administrative costs incurred by the community because of such encroachments; and
WHEREAS, th is City Council further finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to pedestrian and vehicular traffic, pe destrian safety and mobility , ADA accessibility to public sidewalk and rights - of-way, unsanitary conditions involving food Redlands Regular Meeting of 06-06-2023

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preparation and disposal which may harm consumers and adversely impact the local environment, pose risks to children, and adversely impacts consumer protection; and WHEREAS, the City Council finds that vendors have disposed of food byproducts such as oil, grease, and other contaminants into the City’s storm drains in violation of State and Local laws and additional regulations on vending activities are necessary to protect the City’s storm drains and storm water from hazardous environmental contaminants; and WHEREAS, imposing a distance requirement for sidewalk vending activities from popular local tourist attractions; city-sponsored and co -sponsored events and Certified Farmers’ Market events; schools; the Redlands Municipal Airport ; the Redlands Sports Park, and other sports venues on event days ; will alleviate pedestrian, tourist, and vendor safety concerns of overcrowding on sidewalks, and pedestrians walking in the street and along the sidewalk to keep moving forward; and
WHEREAS, these venues also experience a high amount of traffic, affecting the safety of pedestrians and motorists and the accessibility needs of persons with disabilities, due to a high concentration of visitors at one time; and
WHEREAS, imposing distance requirements for sidewalk vending activities near sensitive uses such as schools, churches, public utilities and at bus and train stops where riders embark and disembark are necessary to protect the public health, safety, and welfare; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures to protect the health, safety, and welfare of t he community and local environment; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City's residents and visitors.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 12.45, titled “ Sidewalk Vending,” is hereby added to the Redlands Municipal Code to read as follows:
“12.45 SIDEWALK VENDING
SECTIONS:

12.45.010 Purpose

12.45.020 Definitions

12.45.030 Stationary Sidewalk Vending Locations and Standards

12.45.040 Standards for Sidewalk Vending in Parks

12.45.050 Standards for Roaming Sidewalk Vending

12.45.060 Administrative Fines
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12.45.010 PURPOSE: The City finds that the vending of prepared or pre -packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors and the local environment. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community and the local environment while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community and the local environment.

12.45.020 DEFINITIONS: For purposes of this Chapter, the following words shall have the meanings ascribed to them.

A. “Certified Far mers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Redlands.

C. “Park” means a public park owned by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal - driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

F. “Stationary sidewalk vendor or vending” means a sidewalk vendor who engages in sidewalk vending from a fixed location.

G. “City Event Permit” means a perm it issued by the City for temporary uses (i.e. special event permits, temporary use permits, film permits, or park reservations).

H. “Business Area Sidewalk ” means the following designated public sidewalks and pedestrian paths:

1. East State Street, from the west side of Orange Street to Redlands Boulevard.

2. East Citrus Avenue, from Eureka Street to the east side of 9th Street.

3. Redlands Boulevard, from Texas Street to East Citrus Avenue.

4. West State Street, from North Center Street to the east side of North Eureka Street.

5. Oriental Avenue, from Texas Street to the east side of Orange Street.

6. West Stuart Avenue, from Texas Street to the east side of Orange Street.

7. Eureka Street, from West Citrus Avenue to West Pearl Avenue.

8. Cajon Street from East Olive Avenue to Citrus Avenue.

9. 3rd Street, from West Redlands Boulevard to Oriental Avenue.

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10. 6th Street from East Olive Avenue to West Pearl Avenue.

11. East Olive Avenue, from Cajon Street to East Citrus Avenue.

12. East Vine Street, from Cajon Street to 6th Street.

13. North 5th Street, from East Citrus Avenue to East Redlands Boulevard.

14. 7th Street, from East Citrus Avenue to East Redlands Boulevard.

15. 8th Street, from East Citrus Avenue to East Redlands Boulevard.

16. 9th Street, from East Citrus Avenue to East Redlands Boulevard.

17. Colton Avenue, from Tennessee Street to 6th Street.

18. Orange Street, from Colton Avenue to Lugonia Avenue.

19. Orange Street from Citrus Avenue to West Pearl Avenue

I. “Event Day” means the calendar day of any concert, trade show, conference, sporting event, or any other event potentially attracting large numbers of persons and vehicles to the venue.

J. “Solicitor” or “canvasser” shall mean any individual, whether a resident of the City or not, using telephone service or other communication, or traveling by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street taking, or attempting to take, orders for the sale of goods, wares, merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether the individual is collecting advance payments on such sales or not.

1. “Solicitor” or “canvasser” shall include any person who, for such person, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, vehicle, hotel room, lodging house, apartment, shop, or any other place in the City for the sole purpose of exhibiting samples and taking orders for future delivery.

2. Such definition shall not include solicitors or canvassers taking orders or displaying merchandise exclusively from a public sidewalk or public pedestrian path in compliance with Chapter 5.60 of this Code.

12.45.030 STATIONARY SIDEWALK VENDING LOCATIONS AND STANDARDS:

A. Stationary sidewalk vendors are prohibited from operating in the City unless they have obtained a valid business license. As part of the application for a business license, the stationary sidewalk vendor shall submit proof of general liability insurance naming the City of Redlands as an additional insured in the amount of one million dollars ($1,000,000) and, if the vendor is preparing and/ or selling food, a copy of a current San Bernar dino County Department of Environmental Services permit issued to the vendor.

B. Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City.

C. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following:

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1. The sidewalk vendor can set up vending operations while still leaving a minimum of thirty- six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

2. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

3. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces or building windows; and

4. No vending shall occur within fifteen (15) feet of a fire hydrant, fire escape, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

5. In order to achieve the minimum accessible path of travel set forth in subsection C.1, only one (1) table and two (2) chairs shall be permitted in conjunction with the vendor’s vending activities. No fences, shade structures, other site furniture, or any freestanding signs are permitted; and

6. The vendor shall not attach or use any water lines, electrical lines, gas lines , or power generators during vending operations; and

7. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

8. No vending shall occur within five hundred (500) feet of any City- sponsored or co- sponsored events, the Certified Farmers' Market, construction-related street or lane closure, filming location, the Redlands Municipal Airport, Event Day, or an event held pursuant to a City Event Permit; and

10. No vending shall occur on Business Area Sidewalk where ADA accessibility is limited and the negative impacts to pedestrian safety due to overcrowding on the sidewalk or overcrowding of parking, such as, but not limited to with the potential of causing pedestrian and traffic safety issues; and

11. No vending shall occur within a corn er cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and

12. No vending shall occur within thirty (30) feet of the property line of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

13. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and
Redlands Regular Meeting of 06-06-2023

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14. No vending shall occur within t hree (3) feet of any existing subsurface utility box, valve, or vault; and

15. No vending shall occur within thirty (30) feet of another vendor; and

16. No vending shall occur within three (3) feet of train and bus stop locations, red curbs, or at locations where there are existing above -ground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and

17. No vending shall occur in public streets, roadways, medians, pedestrian islands, parki ng lots, alleys, or bikeways; and

18. No vending shall occur within thirty (30) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and

19. Open burning or open flame devices are not permitted to be utilized.

12.45.040 STANDARDS FOR SIDEWALK VENDING IN PARKS:

A. Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise.

B. Sidewalk vendors may operate in Parks provided they meet the following:

1. For stationary sidewalk vending, the sidewalk vendor can set up vending operations while still leaving a minimum of thirty -six in ches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

2. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and

3. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

4. The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and

5. No vending shall occur within five hundred (500) feet of an Event Day or event held pursuant to a City Event Permit; and

6. No vending shall occur within a corner cutoff area. A co rner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass th rough the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and

7. The sidewalk vendor does not cause an undue concentration of commerc ial activity that unreasonably interferes with the scenic and natural character of the park or the public's use Redlands Regular Meeting of 06-06-2023

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and enjoyment of natural resources, including the accessibility of such natural resources by persons with disabilities, and recreational opportunities or regulations directly related to objective health, safety or wellness concerns; and

8. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

9. Open burning or open flame devices are not permitted to be utilized.

12.45.050. STANDARDS FOR ROAMING SIDEWALK VENDING:

Roaming sidewalk vendors shall meet the following:

1. Roaming sidewalk vendors are prohibited from operating in the City unless they have obtained a valid business license. As part of the application for a business license, the stationary sidewalk vendor shall submit proof of general liability insurance naming the City as an additional insured in the amount of one million dollars ($1,000,000) and, if the vendor is preparing and /or selling food, a copy of a current San Berna rdino County Department of Environmental Services permit issued to the vendor; and

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 10:00 a.m. and 6:00 p.m. Sunday through Saturday; and

3. The sidewalk vendors shall maintain their temporary vending area in a clean, orderly, and sanitary condition; and

4. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

5. The sidewalk vendor does not conduct sales from a public street; and

6. No vending shall occur within a co rner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the co rner of a street or highway; and

7. No vending shall occur within five hundred (500) feet of a city-sponsored or co-sponsored event, the Certified Farmers' Market, construction- related street or lane closure, filming location, the Redlands Municipal Airport, an Event Day or an event held pursuant to a City Event Permit; and

8. No vending shall occur on Business Area Sidewalk where ADA accessibility is limited and the negative impacts to pedestrian safety due to overcrowding on the sidewalk or overcrowding of parking areas, with the potential of causing pedestrian and traffic safety issues; and
Redlands Regular Meeting of 06-06-2023

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9. No vending shall occur within thirty (30) feet from the property line of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

10. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and

11. No vending shall occur within t hree (3) feet of any existing subsurface utility box, valve, or vault; and

12. No vending shall occur within thirty (30) feet of another vendor; and

13. No vending shall occur within three (3) feet of train and bus stop locations, red curbs, or at locations where there are existing above -ground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and

14. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and

15. No vending shall occur within thirty (30) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and

12.45.060 ADMINISTRATIVE FINES:

A. It is unlawful for any person to violate any provision, or fail to comply with any requirements, of this Chapter. A violation of this Chapter shall by punished by:

1. An admini strative fine not exceeding one hundred dollars ($100) for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding five hundred dollars ( $500) for each additional violation within one (1) year of the first violation.

B. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability- to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.

Redlands Regular Meeting of 06-06-2023

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2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

D. A sidewalk vendor that is preparing and/or selling food without a valid San Bernardino County Department of Environmental Services permit may have their equipment confiscated and food discarded to ensure the public health and safety.

E. Nothing contained herein shall be construed to impede the City's or the County's ability to enforce County Health Department codes and regulations.” Section 2. Section 12.44.050, titled “ Solicitation Prohibited ” is hereby amended as follows:
“Except as provided in Chapter 12.45 of this Code, no person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any city park or building, or sell or offer for sale any merchandise, article, or anything whatsoever, unless such person is acting pursuant to a contract with the city, or pursuant to a permit granted by the director or approved by the city council.”

Section 3. Section 12.44.240, titled “ Commercial Activity Prohibited ” is hereby amended as follows:

“Except as provided in Chapter 12.45 of this Code, no person shall practice, carry on, conduct, or solicit for any trade, occupation, business or profession except upon application to and as may be permitted by the director; provided, however, in the director's discretion, the director may forward any such application to the city council for consideration. In the event the director or city council determines that commercial activity may be permitted, a concessionaire fee may be imposed as a condition of the issuance of such permit.”
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance o r the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect w ithout the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5. This ordinance is exempt from the requirements of the California Environmental Quality A ct ( “CEQA”) pursuant to the State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

Redlands Regular Meeting of 06-06-2023

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Section 6. 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.

______________________________
ATTEST: Eddie Tejeda, Mayor

______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 06-06-2023

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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the ______ day of ______________, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 06-06-2023

City Council/Successor Agency Meeting O. 2.

DATE: 06/06/2023
TO: The Successor Agency Board of Directors
SUBJECT: Approve minutes of the regular meeting of May 2, 2023 (Secretary Donaldson)
MOTION:

I move to approve the regular meeting minutes of May 2, 2023 Attachments
Regular meeting minutes of May 2, 2023
Redlands Regular Meeting of 06-06-2023

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 May 2, 2023 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, 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; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Rachel Tolber, Interim Police Chief

Mayor Tejeda called the meeting to order. He announced that due to child care needs that preclude in-person attendance at the meeting, Council Member Denise Davis has chosen to attend tonight's City Council meeting via teleconference under AB 2449 "Just Cause". This is the first of two allowable Just Cause exceptions under AB 2449.

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

PUBLIC COMMENT

None forthcoming

CLOSED SESSION

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Abich Garcia)
One Case:

Davis v. City of Redlands, et al., San Bernardino Superior Court, Case No.

CIVSB2132368
a.

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 6:00 P.M. with an invocation by Council Member Guzman-Lowery and an announcement with great sadness and sorrow, that City Treasurer Robert Dawes had passed away last weekend. The pledge of allegiance to the American flag was conducted by the Aztec Harmonies Honor Choir of Arroyo Verde Elementary School.

CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

CLOSED SESSION REPORT

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

PRESENTATIONS

Redlands Pet Adoption
Animal Services Supervisor Jodi Kroeger and Animal Services Officer Trevor Houser introduced “Sandy”, an eight-year-old female German Shepherd mix who is available for adoption, along with thirty-nine other dogs and seventeen cats at the Redlands Animal Shelter.

Ms. Kroeger informed the Council there had been twenty-one dogs adopted in April 2023.

Proclamation 125th Anniversary A.K. Smiley Public Library Mayor Pro Tem Barich presented a Proclamation recognizing the 125th Anniversary of A.K.

Smiley Public Library to Board President Bill Hatfield, Board Members Kate Pretorius and Rosa Gomez, Library Director Don McCue, Library Archivist Nathan Gonzalez and Library Clerk Monica Kalapaca.

Proclamation National Salvation Army Week
Council Member Saucedo presented a Proclamation recognizing May 15-21, 2023, as National Salvation Army Week in the City of Redlands to Mike Delgado and Naomi Goforth.

PUBLIC COMMENT

HRC Sponsored Health Fair - Chairperson Kenneth Ford invited everyone to attend a health fair sponsored by the Human Relations Commission scheduled for May 20, 2023, 9-2:00 P.M. at Texonia Park.

Teamsters Support - Rich Smith, representing the Teamsters Local 1932, was disappointed that during bargaining unit negotiations, the City Council appeared to be resisting change, and he added that excuses such as "we do it this way because it has always been done this way" was not acceptable. Several Teamsters were present in the Chambers with many more outside showing their support of unions.

AAPI Month
- Dr. Sam Wong encouraged the Council to recognize Asian American Pacific Islanders and their heritage in the month of May 2023.

Lack of Housing
- Robert Garrity stated there was a lack of housing in Redlands and he urged the Council to support projects intended to fill the need.

CONSENT CALENDAR

Minutes

CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the regular meeting minutes of April 18, 2023.

Vote: 5 - 0 Passed

Proclamation National Salvation Army Week

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing May 15-21, 2023, as National Salvation Army Week in the City of Redlands.

Vote: 5 - 0 Passed

Proclamation Asian American Pacific Islander Heritage Month

Mayor Tejeda presented a Proclamation declaring May 2023, as Asian American Pacific Islander Heritage Month to Dr. Sam Wong.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring May 2023, as Asian American Pacific Islander Heritage Month.

Vote: 5 - 0 Passed

Proclamation 125th Anniversary A.K. Smiley Public Library

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing the 125th Anniversary of the Gifting of A.K. Smiley Public Library.

Vote: 5 - 0 Passed

Resolution No. 8452 Destruction of Public Records

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8452 approving the destruction of certain public records in the City Manager's Office.

Vote: 5 - 0 Passed

Resolution No. 8441 Destruction of Public Records

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8441 approving the destruction of certain public records in the Human Resources/Risk Management Division.

CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

Vote: 5 - 0 Passed

Resolution No. 8465 Destruction of Public Records

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8465 approving the destruction of certain public records in Management Services/Finance Department.

Vote: 5 - 0 Passed

Officer De-Escalation Training

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the sole source purchase of an Apex Officer Pro Training Simulator and Apex Officer X2 Hardware Upgrade from Govred Technology, Inc. in the amount of $73,406.25 for officer de-escalation training.

Vote: 5 - 0 Passed

Resolution No. 8434 Annual SLD and LMD Assessments

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8434 initiating proceedings to continue levying assessments, appointing an assessment engineer, and ordering the preparation of the Engineer's Reports for Street Lighting District No. 1 and Landscape Maintenance District No.1.

Vote: 5 - 0 Passed

Emergency Operations Center Furniture PO

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously authorized, by roll call vote, a purchase order with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87 through master cooperative agreement No. 00318.

Vote: 5 - 0 Passed

Facility Use Agreement Redlands Theatre Festival

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Facility Use Agreement with Redlands Theatre Festival is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines; and approved the Facility Use Agreement with Redlands Theatre Festival for use of the Sewall Theatre within Prospect Park.

Vote: 5 - 0 Passed
CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

Automated Refuse, Recycling, Green Waste & Organic Waste Collection

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the agreement for the provision of the rerouting and route optimization of residential automated refuse, recycling, green waste, and organic waste curbside collection and commercial recycling routes with RouteSmart Technologies is exempt from further environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act; and approved an agreement with RouteSmart Technologies for the Rerouting and Route Optimization of residential automated refuse, recycling, green waste, and organic waste curbside collection and commercial recycling routes for the amount of $97,380.

Vote: 5 - 0 Passed

Redlands Festival of Arts Event

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Redlands Festival of Arts event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the state’s guidelines implementing the California Environmental Quality Act; approved the request by the Redlands Arts Festival, Inc. to hold the Redlands Festival of Arts event on May 27-28, 2023, authorized the sale and consumption of alcoholic beverages during the event and the expenditure of City resources and in-kind support in the amount of $4,363; and authorized the closure of 4th Street and Eureka Street from 10:00 a.m. on May 27, 2023, through 5:00 p.m. on May 28, 2023.

Vote: 5 - 0 Passed

Orange Street Alley Park Umbrellas

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that the aging inventory of umbrellas within the Orange Street Alley Park is surplus property; and approved the donation of surplus Orange Street alley umbrellas to the Redlands Visitor Center.

Vote: 5 - 0 Passed

Vehicle Lease Agreement Toyota of Redlands
Staff requested this item be removed from the agenda, to be considered at a future City Council meeting.

COMMUNICATIONS

CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

WWTP Awards Recognition

Municipal Utilities and Engineering Director Harris was proud to announce Wastewater Treatment Plant employees and the facility itself received 2023 California Water Environment Association Santa Ana River Basin awards during the annual CWEA SARBS banquet held at Disneyland. MUED employees were recognized for their outstanding professional achievements. Employees included, Jung Park, Laboratory Manager, Supervisor of the Year, Ivan Pedraza, Laboratory Analyst, Laboratory Person of the Year, Karla Siordia, Laboratory Analyst, Laboratory Person of the Year and Shannon Simmers, Regulatory Compliance Officer. Additionally, the City's Wastewater Treatment Plant was recognized as the CWEA SARBS Wastewater Treatment Plant of the Year.

2023 Regional SCAG Conference Voting Delegate

Mayor Tejeda opened the discussion to consider designating a Voting Delegate to represent the City at the 2023 Regional Conference of the Southern California Association of Governments (SCAG) and General Assembly. As public comment, Greg Brittain voiced concerns that SCAG's authority had grown too powerful, and he urged the delegates to vote to preserve the City's way of life and to avoid limiting housing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, to designate Council Member Mario Saucedo to serve as the voting delegate and Mayor Pro Tem Barich to serve as the alternate voting delegate at the 2023 Regional Conference of the Southern California Association of Governments (SCAG).

Vote: 5 - 0 Passed

PUBLIC HEARINGS

Resolution. No. 8464 - Street Vacation No. 189

Mayor Tejeda declared the meeting open as a public hearing and called on Principal Planner Sean Reilly for a review of Resolution. No. 8464, Street Vacation No. 189, to consider a request to vacate a portion of excess street right-of-way that is 30 feet in width and approximately 927 feet in length, and totaling approximately 27,805 square feet in area, located on the north side of Edgemont Drive along the property frontages of 212 and 226 Edgemont Drive. The Applicant, Aysar Helo, explained that authorizing the street vacation would remove the right-of-way from his property. One written comment was received from Steve Rogers, who objected to the Council approving the vacation without the appropriate review and oversight of the City Engineer. With no further discussion, the Mayor closed the public hearing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, Resolution No. 8464 to vacate a portion of excess street right-of-way (Street Vacation No. 189) that is 30 feet in width and approximately 927 feet in length, and totaling approximately 27,805 square feet in area, located on the north side of Edgemont Drive along the property frontages of 212 and 226 Edgemont Drive (APNs: 0294-141-33-0000 and 0294-141-12-0000). The proposal is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.

Vote: 5 - 0 Passed

Resolution No. 8471 HSPC Decision Appeal

Mayor Tejeda declared the meeting open as a public hearing and called on Principal Planner Sean Reilly for a detailed report on an Appeal of the Historic and Scenic Preservation Commission's decision to deny Demolition Permit No. 357, related to a request to demolish a 2,794 square foot single family dwelling over 50 years of age located at 130 Sierra Vista Drive by Bryan and Celina McKernan. Consultants Alexandra Perlman and John LoCascio, of Historic Resources Group (HRG), identified the methods they used to perform the integrity analysis and examine the property. It was determined that the home was not eligible for inclusion in the National Register of Historic Places or the California Register of Historical Resources, and not eligible for designation as a City of Redlands Historic Landmark or Historic Resource. The property had undergone substantial alterations and no longer retained sufficient integrity to convey any potential significance under the required criteria to be eligible for listing. A peer review, performed by ECORPS, concurred with HRG's conclusions.

Appellant Celina McKernan expressed disappointment with the Historic and Scenic Preservation Commission (HSPC) decision to deny the demolition and reminded everyone the subject property was currently not recorded in the City's list of local historic resources.

As public comment, Kathleen Beall and John P Beall passionately spoke of the unique aspects of this mid-century modern house and its architect, Clare Henry Day. They recently submitted an application, along with other appropriate documents, to nominate 130 Sierra Vista for inclusion on the Local Historic Resource List and it was their opinion that property rights were not an issue because no property was being taken away from the owners. They reminded everyone that demolitions were permanent actions. City Attorney Garcia clarified the nomination paperwork was an application to add the property to the Resource List and would not pause any actions related to the property at this time. Six written comments were received, with four requesting the Council deny the appeal, one requesting approval of the appeal and one requesting the Council consider sending this back to the HSPC. As rebuttal, Morgan Gallagher, representing Bryan and Celina McKernan, urged the Council to consider the experts who evaluated the property, with both consultants coming to the same conclusion.

Mayor Tejeda closed the public hearing.

Council Members agreed this was a tough decision to make. Several comments were raised and discussed, including the merits of the two consultant's reports that were in opposition to the opinions of the H&SP Commissioners, the guidelines as spelled out in the Municipal Code and a suggestion from Mayor Tejeda to preserve the home by soliciting a buyer who could move the property to another location.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council approved, by roll call vote, Resolution No. 8471 to uphold the appeal and reverse the Historic and Scenic Preservation Commission's decision to deny Demolition Permit No. 357 and to approve Demolition Permit No. 357, to demolish a 2,794 square foot single family dwelling over 50 years of age located at 130 Sierra Vista Drive (APN:
0176-173-09-0000).

Vote: 3 - 2 Passed
NAY:  Council Member Denise Davis
Council Member Jenna Guzman-Lowery

NEW BUSINESS

ESRI Enterprise License Agreement

Claudia Caceres, GIS Supervisor, explained the need for the Enterprise License Agreement with Esri for mapping software and services for a period of three years in the amount not-to-exceed $273,409.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously approved, by roll call vote, the Enterprise License Agreement with Esri for a period of 3 years at an amount not-to-exceed $273,409 for mapping software and services.

Vote: 5 - 0 Passed

Resolution No. 8439 Flag Display Policy

City Attorney Abich Garcia provided a timeline and background of the request to amend the Display Policy for the United States, State, Local and Other Flags to Authorize the Flying of the Rainbow Pride Flag at City Hall in the Month of June. She explained the First Amendment does not require the government to allow all speech on city property and she reviewed the U.S. Supreme Court decision acknowledging that when the government has a clear policy and guidelines, the government may advance its own speech without requiring viewpoint neutrality when the government itself is the speaker, so long as the government speech does not show religious preference or encourage a certain vote in an election.

As public comment, twenty-two people supported amending the existing policy to allow the Pride flag to fly in the month of June, as a visible sign that the City supports and protects marginalized groups and is committed to creating a safe and welcoming community for all.

Eight people were opposed to flying the Pride flag and thought the change in policy was divisive, showing a preference for one group over another. They recommended the City retain its current flag display policy authorizing only the US, state, local and MIA/POW to fly on City poles.

Each Council Member offered their perspectives on the matter. Council Members Davis and Guzman-Lowery were in support of amending the policy and noted that the Pride flag was already being flown at the state level and on some federal sites and this action would put Redlands in alignment with the City's Strategic Plan, promoting diversity, equity and CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

Redlands in alignment with the City's Strategic Plan, promoting diversity, equity and inclusion. Council Member Saucedo said the US flag already promoted inclusivity, representing all people. Furthermore, he supported the LGBTQ+ community and was in favor of anyone who chose to fly the Pride flag on their own private property. Mayor Pro Tem Barich was uncomfortable giving preference to one group over another. Mayor Tejeda was concerned about the Supreme Court decision and was worried that approving the policy might handcuff future city councils. He said there was no guarantee future council members would support this. Council Members were appreciative of all the speakers who took the time to address the Council.

On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council failed to approve, by roll call vote, Resolution No. 8439 amending the Display Policy for the United States, State, Local and Other Flags to Authorize the Flying of the Rainbow Pride Flag at City Hall in the Month of June. With the motion failing, Resolution No. 6633 will remain as the City display policy for flags, restricting the use of city-owned flag poles to display only the U.S., State of California and City of Redlands flags and the POW/MIA flag.

Vote: 2 - 3 Failed
NAY:  Mayor Eddie Tejeda
Mayor Pro Tempore Paul Barich
Council Member Mario Saucedo

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Mayor Tejeda and Council Member Saucedo participated in the Community Day of Service.

Improvements to Israel Beal Park were quite significant.

Mayor Pro Tem Barich attended the Fire Department Promotion and Awards Ceremony. He hosted the Mayor of Freemont, CA and provided a tour of Step Up in Redlands, showing off the facility as an example of ways to deal with homelessness.

Council Member Davis was proud of the Redland Youth Council's efforts during the recent resource fair held at Step Up in Redlands.

ADJOURNMENT

The meeting adjourned at 9:48 P.M. in memory of City Treasurer Robert Dawes. Each Council Member expressed their sympathy for the loss of such a great man, who served selflessly in so many ways and touched the lives of us all. He will be greatly missed. The next regular meeting of the City of Redlands City Council will be held on May 16, 2023.

SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS

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

CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023

PUBLIC COMMENT

None forthcoming

Minutes

On motion of Vice Chair Barich, seconded by Board Member Saucedo, the minutes of the regular meeting of April 4, 2023 were unanimously approved, by roll call vote.

Vote:  5 - 0 Passed

ADJOURNMENT

There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:49 P.M. The next regular meeting of the Agency will be held on June 6, 2023.

CC_SA_May 2, 2023

Redlands Regular Meeting of 06-06-2023