STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-20-70-47-06
DATA COMMUNICATIONS
Utah NASPO ValuePoint Master Agreement Number AR3229
Palo Alto Networks, Inc. (Contractor)
This Participating Addendum Number 7-20-70-47-06 is entered into between the state of California, Department of General Services (hereafter referred to as "State" or "DGS") and Palo Alto Networks, Inc. (hereafter referred to as "Contractor") under the lead state of Utah NASPO ValuePoint Master Agreement Number AR3229.
1. SCOPE
A. This Participating Addendum covers the purchase of Data Communications products and associated services under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR3229 is hereby incorporated by reference. Product/service categories included under this Participating Addendum are identified in Section 5 (Available Products and Services).
B. This Participating Addendum is available for use by California state agencies and local governments. A local government is defined as any city, county, city and county, district, or other local governmental body, school district or corporation empowered to expend public funds. The State Agency Listing (https://www.ca.gov/agenciesall/) provides a comprehensive list of state agencies.
C. Each local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations.
2. TERM
A. The term of this Participating Addendum shall begin June 1, 2020, or upon signature . approv~J by the State, whichever is later and will end September 30, 2024, or upon terrnina}ion by the State, whichever occurs first.
B. Lead State amendments to extend the NASPO ValuePoint Master Agreement term date are not automatically incorporated into this Participating Addendum.
Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.
C. Order placement and execution shall be on or before the expiration of this Participating Addendum. However, delivery of products or completion of services may be after the Participating Addendum expiration date.
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3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions - Information Technology (GSPD-401 IT) effective 9/5/2014. This document can be viewed on the DGS Procurement Division website (htlps:/lwww.dgs.ca.gov/PD/Resources/Page-Content/Procurement Division-Resources-List-Folder/Model-Contract-Language).
4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-20-70-47-06 2) Utah NASPO ValuePoint Master Agreement Number AR3229
5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service categories are listed in the Utah NASPO ValuePoint Master Agreement AR3229:
1) Category 1.3 Routers, Switches, Security, and Storage Networking
6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES
A. The following product and service offerings are prohibited under this Participating Addendum.
1) Leasing
2) Cloud solutions
These restrictions are not applicable to local governments.
B. Products and services that are available on the California Network and Telecommunications (CALNET) Program and mandatory California statewide contracts cannot be purchased from this Participating Addendum by non-exempt state agencies without an exemption.
State agencies are responsible for contacting the California Department of Technology (CDT) for CALNET contract exemptions and the DGS Procurement Division for mandatory statewide contract exemptions in accordance with the published User Instructions prior to issuing a purchase order.
This restriction is not applicable to local governments.
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C. Services that fall within the definition of "public works" as defined in Public Contract Code, Section 1101 and Labor Code Section 1720 are disallowed under this cooperative agreement and must be procured by alternate means.
This restriction is not applicable to local governments.
7. PRICING
Contractor is responsible for maintaining a current price list of available products and services on the NASPO ValuePoint Data Communications 2019-2026 website.
8. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.
B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.
D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers' contact information in writing at any time during the contract term.
E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.
F. State-approved Authorized Resellers will be posted on the State's Cal eProcure website.
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9. SUBCONTRACTORS
The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted.
10.ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.
B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum. User Instructions are posted on the State's Cal eProcure website.
11.STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery's State Agency Buy Recycled Campaign (SABRC) per Public Contract Code sections 12200-12217.
B. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by a state agency.
12.DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.
B. Free On Board (F.O.B.) Destination to the ordering agency's receiving point.
13.INVOICINGAND PAYMENT
A. Payment terms for this Participating Addendum are net 45 days. Payment will be made in accordance with IT General Provisions Paragraph 30 (Required Payment Date).
B. Invoices shall be sent to the address identified in the ordering agency's purchase order. The State Participating Addendum Number and ordering agency purchase order number shall appear on each invoice for all purchases placed under this Participating Addendum.
C. Contractor does not accept the State of California credit card (CAL-Card) for payment of invoices.
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Participating Addendum 7-20-70-47-06
14.USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no activity.
B. The DGS Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course of this Agreement.
C. The report shall be an Excel spreadsheet transmitted electronically to the DGS Cooperatives mailbox ([email protected]).
D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting corrected reports within five business days of the date of written notification from the State.
E. Tax must not be included in the report, even if it is on the purchase order.
F. Reports are due for each quarter as follows:
Reporting Period Due Date
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.
H. Time extensions may be approved only if all due reports have been submitted to the State.
15.ADMINISTRATIVE FEE
A. Contractor shall submit a check, payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to 1.25% of the sales for the quarterly period.
B. Contractor must include the Participating Addendum Number on the check.
Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.
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C. Administrative fee checks shall be submitted to:
State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing.
E. The administrative fee shall not be invoiced or charged to the ordering agency.
F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.
G. Administrative fee checks are due for each quarter as follows:
Reporting Period Due Date
.
January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.
16.CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:
Contractor Contract Manager .
Name: Regina Acheampong
Phone: (669) 261-5126
Email [email protected]
Address: Palo Alto Networks, Inc.
3000 Tannery Way
Santa Clara, CA 95054
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Participating Addendum 7-20-70-47-06
B. The State Contract Administrator for this Participating Addendum shall be as follows:
State Contract Administrator
Name: Julie Matthews
Phone: (916) 375-4612
Email [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.
17.TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party.
This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.
18.AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.
19.AGREEMENT
A. This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof.
Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or
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amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected.
The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.
B. By signing below Contractor agrees to offer the same products/and or services as on the Utah NASPO ValuePoint Master Agreement Number AR3229, at prices equal to or lower than the prices on that contract.
C. IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.
STATE OF CAUFORNIA
' O'!c.-(:>r:i/zcz..,
Date Signed
___ tftu!ff:1di.~/le1n(z,/1:l<,. ~T~<st.,_::g,c_
Printed Name'/Title of Person Signing
707 Third Street
West Sacramento, CA 95605
Address
,.
CONTRACTOR
Palo Alto Networks, Inc.
Melinda Thom.Jl§on, Deputy General Counsel and VP
Printed Name/Title of Person Signing
3000 Tannery Way
Santa Clara, CA 95054
Address
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----- -----------------------------------------
ATTACHMENT A
Usage Report: Data Communications (2019-2026)
Contract Number:
Contractor:
Reporting Period:
Report Value:
Administrative Fee:
Extended Index
State/Local Purchase Order I seivice Manufacturer List Contract Contract Date/ Ordering Agency Name Spend Contract Number Ordei"Date Category _ Part Number Item _Description . Quantity Price/MSRP Unit Price Price Paid Catalog - - (OEM#)/ (Quantity.x Version
-
'
Unit Price)
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ATTACHMENT A
Usage Report: Data Communications (2019-2026)
Template Key
r=--~~~~----~~~~~~~~~---------------------------------------, Contract Number: Part!Cipat.ing Addendum Number Column
Numbe_r_
Column
Name
Description
Fonnat
Example
Example
Example
I
Contractor: Contractor Name
Reporting Period: Reporting Quarter
Report Value: Tota! Sales for Reporting Period
Administrative Fee: 1.25% of Total Sales
Ordering Agency
Name
state Agency or Local
Government name as
described on the
purchase document
Text
I
Department of Generali
Services
Department of Generali
Services
State/Local
Spend
Identify
ordering
agency as a
"State" or
"Local
Government"
entity, as
applicable.
Text
State
,,_
Pllrchase· Order/
Service Contract
Number
Order Date
Ordering agency's Date the
unique purchase order ordering
or service contract agency placed
number associated the order.
with item(s)
purchased.
Variable Characters Date
2832820 4/30/2013
2832820 4/30/2013
I Department of General
Services State 2832820 4/30/2013
Category
category for each line
item {commodity/
service) that includes
Contractor respective
percent discount Off
MSRP.
This identifier should
match the Category
provided in the
Contractor's Master
Agreement.
Variable Characters
1.2 1.2
1.3 Manufacturer
Part Number
(OEM#)
Manufacturer's
unique
identifier for
the line item.
Variable
Character
IS!NK34
M1000
IS330AI +
SP10
lten:i Description
Information about
commodity/service
purchased. Narrative
should be descriptive
enough to validate
consistency with the
category/ Group ID
stated in Column E
Variable Character
Application Services
3-year Maintenance
1-year Maintenance I
list Quantity Price/MSRP
Quantity An
purchased independently
for each line verifiable
item. All public price
returned (MSRP)
items are available to the
reported as general public.
a negative
number. When
For service providing
contracts, usage reports,
identify term this information
in months. should reflect
list prices at
·time of order.
Number Currency
1 $55.00
1 $300
1 I $48.00
Contract Unit
Price
This is the price
paid for given line
item.
Currency
$48.95
$270.00
I $24.96 I
Extended
Coritract
Price Paid
Tota! Price (
QuantityX
Contract Unit
Price);
( Column Hx
Column J)
Currency
$48.95
$810.00
$898.56 I
Index Date/
Catalog
Version
Price or
catalog
effective date.
Helps DGS
track index
price changes
(historical
frame of
reference)
Date/
Variable
Character
7/19/2012
7/19/2012
7/19/201f
Page2of2
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City Council Meeting F. 7.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the sale of a 2002 Type I Seagrave Fire Engine to the Crafton Hills College for their Fire Academy and Fire Technology Programs (Fire Chief Sessler)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the sale of a 2002 Type I Seagrave Fire Engine to Crafton Hills College for their Fire Academy and Fire Technology Programs for the amount of $1.
RECOMMENDATION:
Staff recommends the City Council approve the sale of a 2002 Type I Seagrave Fire Engine to Crafton Hills College for the amount of $1 to be used for their Fire Academy and Fire Technology training exercises.
DISCUSSION:
The Crafton Hills Regional Fire Academy is one of the premier fire academies in Southern California designed to meet the State Fire Marshal’s Basic Skills requirements for Firefighter 1 & 2 Certifications. The college schedules two academies per year in Spring and Fall and includes the Enhanced Skills and Performance Program (ESPP), which places an emphasis on leadership, communication, physical fitness, and is designed to better prepare firefighters for the rigorous academy ahead. Given that many of our own Redlands firefighters come to us from Crafton Hills College, the Department believes it is important to support their Fire Academy and Fire Technology Programs.
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Consequently, the Fire Department has a decommissioned 2002 Type I Seagrave fire engine. Fire engines are used as frontline emergency vehicles for ten years and placed on reserve for five years. This schedule ensures in-service fire apparatus are serviced and maintained to keep them in safe operating condition and ready for response at all times. Although the fire engine has been decommissioned, it is still functional and appropriate for training exercises. Fire Department staff believe it would be useful to the Crafton Hills Fire Academy.
Per Redlands Municipal Code 2.16.340, which pertains to the disposal of surplus personal property, the City Council may sell without recourse to sealed bid or auction surplus personal property to public agencies and nonprofit organizations as may be determined by the City Council, or donate surplus personal property to public agencies and nonprofit organizations upon finding by the City Council, that such donation serves a public purpose of the City. Staff believes the sale of the fire engine will be useful and beneficial to both Crafton Hills College and the City.
ALTERNATIVES:
Not approve the sale of the Type I fire engine to the Crafton Hills Fire Academy.
STRATEGIC PLAN:
Prioriy B - Public Health & Safety
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2023
Revenue Generating: N
Appropriation Required Y/N: N
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Discussion:
There is no fiscal impact to the City related to the sale of the 2002 Type I Fire Engine to the Crafton Hills College Fire Academy and Fire Technology Programs. The sale of the fire engine for the amount of $1 will help the college by providing a useful and functional asset for the college programs.
Attachments
Surplus Form
Crafton Hills College letter
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City Council Meeting F. 8.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Sponsorship Agreement with the California Conservation Corps for participation in the Wildland Fire Mitigation and Fuels Reduction Program (Fire Chief Sessler)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve a Sponsorship Agreement with the California Conservation Corps for participation in the Wildland Fire Mitigation and Fuels Reduction Program.
RECOMMENDATION:
Staff recommends that the City Council approve the Sponsorship Agreement and Program Project Request between the City of Redlands and the California Conservation Corps for participation in the Wildland Fire Mitigation and Fuels Reduction Program.
DISCUSSION:
The California Conservation Corps (CCC) conducts and administers a supervised Wildland Fire Mitigation and Fuels Reduction Program. Through cooperative agreements, CCC crews perform conservation projects, fuel management and/or hazard reduction for public agencies (local, state, or federal) or qualified nonprofit organizations. The individuals in the CCC program work under the constant immediate supervision of CCC officials. City of Redlands field staff provide any additional supervision, technical assistance, guidance and inspection, as considered necessary to properly complete the work.
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The City has historically participated in similar agreements with California Department of Forestry and Fire Protection programs on an as-needed basis for proactive and reactive cleanup of various City properties as well as performing conservation projects, fire management and or hazard reduction. These services are provided at a substantial savings in comparison to standard industry costs for contractual services. The work generated by cooperative agreements with state agencies provides soil slope preservation, irrigation water conservation and the removal of unwanted and problematic vegetation. This ultimately results in an increase in public safety as well as cost savings in department expenses. The operating costs associated with the CCC personnel are entirely funded by the CCC. The City would facilitate processing of the vegetation thinned and cut by the CCC crews, as well as provide a portable restroom and wash station at the work site. The term of this agreement shall be for a period ending on June 30, 2024.
ALTERNATIVES:
Not approve the Sponsorship Agreement with the California Conservation Corps.
STRATEGIC PLAN:
Priority B - Public Health and Safety
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:
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There is no fiscal impact related to the approval of the Sponsorship Agreement with the California Conservation Corps. The only cost associated with this agreement is the cost for a portable restroom and wash station at the worksite, which is within the Fire Department approved budget.
Attachments
Sponsorship Agreement
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SPONSOR AGREEMENT (CCC-96)
(for Governmental Entity – Local)
This Sponsor Agreement (Agreement) is entered into by the California Conservation Corps (CCC), State of California and
Sponsor’s Name: City of Redlands, California , a State of California Local Public Entity (Sponsor).
WHEREAS, the CCC is statutorily mandated to provide job skills training, educational opportunities and an increasing awareness of the State’s natural resources to young adults;
WHEREAS, the CCC is authorized to work on projects in rural and urban areas that, provide a benefit to the public by, among other things, preserving, maintaining and/or enhancing the lands and water of the State of California, directly contributing to the conservation of energy and/or assisting in fire prevention and suppression;
WHEREAS, the CCC is authorized pursuant to the California Public Resources Code Section 14306 to execute contracts for furnishing the services of the CCC to any federal, state or local public entity, any local or statewide private organizations, and any person, firm, partnership, or corporation concerned with the objectives of the CCC program as specified in California Public Resources Code Sections 14000 and 14300;
WHEREAS, the Sponsor can provide opportunities for public service through meaningful and productive work projects;
WHEREAS, each party to this Agreement is duly authorized to enter into this Agreement; and
WHEREAS, the parties to this Agreement find and determine that it would be to their mutual advantage and the public benefit to join together to accomplish the purpose herein, and coordinate their power, authority and expertise for the CCC to use its corps members and employees to accomplish projects specified by Sponsor and agreed to by the CCC;
CCC-96 LG (rev. 07/2022)
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CCC-96 LG (rev. 08/2022)
NOW THEREFORE, in consideration and recognition of the above, the Sponsor and CCC (collectively referred to herein as “the parties”) agree as follows:
A. Documentation of Projects
1. Sponsor will submit project proposals to the CCC.
2. The CCC shall work with Sponsor to include details of project proposals in a CCC Project Evaluation and/or other appropriate forms and documentation where applicable.
3. No project work will begin without CCC Project Evaluation documentation being signed by the parties’ representatives.
4. The documentation for any project necessarily incorporates into it this Agreement.
5. If there should be a conflict with terms and conditions contained in any other documents related to the parties’ relationship or any project related thereto, the terms and conditions set forth in this CCC 96 will take precedence.
6. Unless otherwise specified in the project documentation, the parties agree to accept documents that are electronically s igned in accordance with Government Code Section 16.5.
B. Parties Obligations:
1. Sponsor agrees:
a. To pay for all costs, including but not limited to, labor, material and supply costs negotiated and agreed to by the parties that are directly related to and necessitated by the project and that are set forth in the project documentation;
b. To make available to the CCC adequate plans, specifications, materials, supplies, equipment and/or special labor requirements to complete the project as determined and agreed to by the parties as specified in the project documentation;
c. To provide adequate technical supervision as determined and agreed to by the parties;
d. To obtain approvals, clearances, and permits required by any local, state, tribal, or federal entity, law, or regulation;
e. To the extent any project involves the CCC performing work on private property, the Sponsor shall obtain and/or has obtained all necessary approvals, authorizations and/or permits from the owners
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CCC-96 LG (rev. 08/2022)
of said private property before the CCC begins project work on said property and that the CCC is authorized to perform the project work on said private property;
f. To obtain clearances and/or meet requirements, if any, of trade unions or other labor organizations occasioned by the participation of the CCC in the project;
g. To provide project sites that, to the best of the Sponsor’s knowledge, are free of any known hazardous materials, but if there are any known hazardous materials present, the Sponsor shall provide the location, identity, and amounts of such hazardous materials as well as the associated Safety Data Sheets;
h. To provide or reimburse the CCC for acceptable temporary living accommodations for CCC personnel engaged in working on a project if: (1) the project is located at a site that is more than a one-hour drive from the designated CCC base center; and, (2) provision of such living accommodation is determined necessary by the parties;
i. To conduct an orientation with CCC personnel at the
commencement of each project to explain the technical aspects, safety requirements and other relevant information necessary for the CCC to successfully complete the project including the identification of restroom facilities or alternatives;
j. To work with the CCC to conduct an educational or training presentation at the CCC base center or project site to CCC Corpsmembers; and,
k. To consider authorizing the CCC to place a sign, plaque or emblem on the project site that presents the CCC’s contribution to the project.
2. CCC agrees to:
a. Review project proposals submitted by the Sponsor and work with Sponsor to prepare project documentation for those proposed projects that are covered by the CCC’s statutory mandate, consistent with the CCC’s organizational priorities and within the CCC’s operational capabilities;
b. Provide CCC personnel, equipment and materials to perform the obligations specified in the project documentation. The CCC will
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CCC-96 LG (rev. 08/2022)
only use personnel who have received adequate prior training and are sufficiently equipped for and alerted to the general nature of the hazards inherent in the scope of work; and,
c. Provide its personnel with Workers’ Compensation coverage and benefits that are administered by the State Compensation Insurance Fund in accordance with the California Labor Code.
3. The Sponsor and CCC mutually agree to the following:
a. This Agreement is not intended to affect the legal liability of either of the parties by imposing any standard of care other than the standard of care imposed by law;
b. Mutual Indemnification:
i. To the extent permitted by law including Article XVI, sections
1 and 6 of the California Constitution, and the
California Claims Act, the CCC agrees to hold harmless and indemnify the Sponsor against any liability, damage, or loss legally determined to have occurred as a result of
performance or failure to perform under this Agreement
and/or the project documentation caused by the acts
and/or omissions of any person directly employed by,
enrolled in or under the control or supervision of the CCC while performing the work set forth in this Agreement
and/or the project documentation; and,
ii. The Sponsor agrees to hold harmless and indemnify the CCC against any liability, damage, or loss legally
determined to have occurred as a result of performance or failure to perform under this Agreement and/or the project documentation caused by the acts and/or omissions of any person directly employed by or under the control or
supervision of the Sponsor while performing the work set forth in this Agreement and/or the project documentation;
c. Insurance:
i. The State of California has elected to cover its motor vehicle and general liability exposure through claims
procedures instituted in accordance with the California Government Code provisions and the other provisions of
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CCC-96 LG (rev. 08/2022)
the law relating to such liability. Pursuant to those
procedures, tort liability claims should be presented as a government claim to the Government Claims Program,
P.O. Box 989052 MS 414, West Sacramento, CA 95798-
9052; https://www.dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Risk- and-Insurance-Management -Services-List-Folder/File-a- Government- Claim?search=government%20claim%20form in accordance with the California Government Code and the other provisions of
the law governing submission of such claims. In addition, unless notified otherwise or on behalf of the CCC, motor vehicle liability claims should be presented to the Office of Risk and Insurance Management (ORIM), P.O. Box 989052
MS-403, West Sacramento, CA 95798-9052, (800) 900-
3634,
[email protected]. If your motor vehicle liability
claim is not resolved within six months from the date of loss, California law requires you to file a formal claim with the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052 (link above). It should
be noted, however, that the willingness of ORIM to receive such motor vehicle liability claims does not constitute a waiver by the State of California or the CCC of the time limits or procedures provided by law or the filing of claims relating to such motor vehicle liability. It also should be noted that the addresses set forth in this paragraph are subject to change; any claimant is advised to verify the accuracy of and currency of the addresses for filing claims, and by setting forth addresses in this paragraph, neithe r the State of California nor the CCC is waiving any time limits or procedures provided by law for filing claims
related to alleged motor vehicle or general liability or any other alleged liability.
ii. The California Department of Human Resources has
entered into a Master Agreement with the State
Compensation Insurance Fund to administer Workers’
Compensation benefits for State employees and Corps
members as required by the California Labor Code.
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d. The California Labor Code Section 1720.4(c) specifically exempts the CCC from paying state prevailing wages to Corps members when engaged in public works projects. The CCC is not subject to the federal prevailing wage requirements set forth in the Davis- Bacon Act (Title 40 USC 276A et seq.) when providing labor on federal government contracts. Title 29 of the Code of Federal Regulations (CFR), Section 5.2(h) specifically provides that a State is not considered a contractor under statutes providing loans, grants, or other federal assistance in situations where construction is performed by its own employees and/or personnel;
e. The California Business and Professions Code, Section 7040 exempts the State of California from contractor licensing requirements. The CCC is a state entity subject to the exemption;
f. Improvements and Land Use:
i. All improvements constructed in whole, or in part by the CCC on lands owned or controlled by the Sponsor will remain the property of the Sponsor;
ii. Permission to camp and/or perform work on lands owned or controlled by Sponsor does not in any way convey to the CCC, its staff or any person or persons working with the CCC in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor;
g. Emergency Services and Possible Delays:
i. The CCC is required to provide emergency services when directed by the Governor of the State of California pursuant to an Executive Order, the Office of Emergency Services (Cal OES), Department of Forestry and Fire Protection (CAL FIRE) and other agencies charged with responding to emergencies throughout California arising from fire, flood, wind, and other natural and man-caused disasters.
ii. The CCC may be required to temporarily suspend or permanently cease work on projects due to required emergency response or emergency conditions. The parties agree that any delay in completing the work by the CCC due to response to an
emergency shall be excused and costs incurred by the delay shall be the responsibility of the Sponsor.
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iii. The resources of the CCC are limited and the public service conservation work of the CCC may be altered in priority from time-to-time. The parties agree that other than delays caused by the CCC’s response to an emergency, all other delays by either party shall be excused and costs caused by delays shall be the responsibility of the party incurring such costs.
h. Audit: It is mutually agreed that, pursuant to Cal ifornia Government Code, § 8546.7, any project performed under this Agreement that involves the expenditure of public funds in excess of ten thousand dollars ($10,000) shall, along with the Parties thereto, be subject to the examination and audit of the California State Auditor for a period of three years after final payment under said project. Such audit may be triggered at the request of the public entity expending said funds or as part of any California State Auditor audit of said public entity.
i. All contracts relating to the construction or operation of a project will contain a clause prohibiting discrimination and/or harassment against any person, employee or employee applicant engaged in the project work on the basis of race, religious creed, color, na tional origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, and denial of family care leave;
j. Budget Contingencies:
i. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State of California and the CCC shall have no liability to pay any funds whatsoever to Sponsor or to furnish any other considerations under this Agreement or related project documentation and Sponsor shall not be obligated to perform any provisions of this Agreement or related project documentation; and,
ii. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State of California and the CCC shall have the option to either cancel this Agreement with
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no liability occurring to the State of California or CCC, or offer an amendment to the Agreement reflecting the reduced amount; k. Subject to the provisions herein, all remedies allowed by law are available to either party for enforcement of this Agreement. Any waiver of rights by either party or any matter relating to this Agreement shall not be deemed to be a waiver unless in writing and approved by both parties and shall not be a waiver to any other provision or matter relating to this Agreement;
l. If any part of this Agreement is found to be invalid the remainder of the Agreement shall continue in full force and effect;
m. Neither the CCC nor the Sponsor may assign this Agreement or any interest therein without the written consent of the other party; n. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties;
o. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California;
p. This Agreement shall remain in effect unless terminated upon thirty (30) days written notice from either party; and,
CONTINUED ON NEXT PAGE
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q. Each Party and its respective agents executing this Agreement warrants and represents that it has the full power and authority to execute, deliver and perform the obligations under this Agreement and that each Party’s performance hereunder has been duly authorized by all requisite actions on the part of that Party.
Sponsor Information:
Sponsor Name: Sponsor Department:
City of Redlands, California Fire Department
Address:
35 Cajon Street, Suite 12
Contact Person: Phone:
Vincent Anderson, Fire Marshal 909-798-7601
Email Address: [email protected]
SIGNATURES
In Witness Whereof, the parties have agreed to the conditions of this Agreement as of the date shown below.
Sponsor Representative Signature:
Print Name: Eddie Tejeda, Mayor Date:
CCC District Director/Region Deputy Signature:
Print Name: Date:
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City Council Meeting F. 9.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Acceptance of the 2023-2024 Community Development Block Grant (CDBG) in the amount of $334,141 from the County of San Bernardino, approve an additional appropriation of the same, and adopt Resolution No. 8506 authorizing the City Manager, or designee, to execute the Grant Agreement and all other related documents (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that staff's recommendations are appropriate, the following motions are provided:
I move that the City Council accept the 2023-2024 Community Development Block Grant funding award in the amount of $334,141; and
1. I move to authorize an additional appropriation of $334,141 for the FY2023-2024 CDBG Program Year; and
2. I further move to adopt Resolution No. 8506 authorizing the City Manager, or designee, to execute agreements, amendments and other related documents associated with the 2023-2024 CDBG Program Year.
3. RECOMMENDATION:
Staff recommends that the City Council accept the grant award for the 2023-2024 CDBG Program Year from the County of San Bernardino in the amount of $334,141 and adopt Resolution No. 8506 authorizing the City Manager, or designee, to execute agreements, amendments and other related documents associated with the 2023-2024 CDBG Program Year.
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DISCUSSION:
In February 2023, the Development Services Department (Department) submitted the 2023-2024 CDBG Program Year grant funding request on behalf of the City of Redlands (City) to the County of San Bernardino (County) in the amount of $340,246, which was the estimated award to the City at the time. In May 2023, the County submitted the 2023-2024 Annual Action Plan Consolidated Submission for HUD Housing and Community Development Grants to the Department of Housing and Urban Development (HUD). In June 2023, the County notified the City of the final award amount of $334,141.
The award funds seven total projects that were approved by City Council on February 7, 2023 (Item No. I.1.) of which six projects are public service agencies and one is a Capital Improvement Project (CIP). Resolution No. 8506 authorizes the City Manager, or designee, to execute the agreements, any amendments and other related documents associated with the 2023-2024 CDBG Program Year grant funding.
ALTERNATIVES:
City Council may elect not to approve these actions. However, electing not to approve these actions may result in a loss or reduction of CDBG funding and impacts on existing CDBG projects.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Chris Boatman, Assistant City Manager
PREPARED BY:
Tricia Munoz, Development Services Management Analyst
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Fiscal Impact
Fiscal Year: 2023-24
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Account No.: 200164
Discussion:
Acceptance of this award will increase the FY 2023-2024 appropriation for Planning Grants (200164) by $334,141. Approval of this item has no impact on the General Fund.
Attachments
Resolution 8506 for 2023-2024 CDBG Grant
2023-2024 CDBG Program Funding Request Form_02.07.2023
Project List
Grant Award Notification
Additional Appropriation #1
Additional Appropriation #2
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1 I:\cmo\Resolutions\8506 Resolution_2023-2024_CDBG_Block_Grant_DSD.docx - jm RESOLUTION NO. 8506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING THE GRANT ACCEPTANCE AND EXECUTION OF THE
GRANT FUNDS FROM THE COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2023-2024 PROGRAM YEAR
WHEREAS, the City of Redlands (“City”) is eligible to receive federal funding for certain community development block grants, through the County of San Bernardino Community Development and Housing Department (“County”); and
WHEREAS, the City is a participating ju risdiction in the San Bernardino County Final 2023-2024 Annual Action Plan of the 2020 -2025 Consolidated Plan of the HUD Housing and Community Development Grant Programs; and
WHEREAS, the County issued a Notice of Funding Availability (“NOFA”) dated October 19, 2023, for the 2023-2024 Community Development Block Grant Program Year (“CDBG”); and
WHEREAS, the County has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, the City Council of the City of Redlands (this “City Council”) desires to execute agreements with Public Services Agencies (PSAs) who submitted applications for 2023- 2024 CDBG Program Year to provide public services as described in the 2023 -2024 CDBG NOFA; and
WHEREAS, the City has been granted to receive a CDBG grant award of $334,141; and
WHEREAS, this City Council wishes to delegate authorization to execute the grant agreement, subrecipient agreements, any amendments, and other related documents thereto to the City Manager or his designee; and
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the County of San Bernardino; and
NOW, THEREFORE, BE IT RESOLVED by the City of Redlands , with acknowledgement of Development Services, as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Pursuant and subject to all the terms and provisions of the County of San Bernardino Community Development Block Grant Program, the City Manager of the City of Redlands, or designee is hereby authorized and directed to accept funding from the County of San Bernardino and take such other actions necessary to receive and administer the grant funding.
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2 I:\cmo\Resolutions\8506 Resolution_2023-2024_CDBG_Block_Grant_DSD.docx - jm Section 3. The City Manager of the City of Redlands, or designee is hereby authorized and directed to execute the funding agreement s, any amendments, and other related documents thereto with the County of San Bernardino and subrecipients of the program funding.
Section 4. The City Manager of the City of Redlands , or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required for the grant funding.
Section 5. The City Manager of the City of Redlands , or designee, is designated to represent the City in carrying out the responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
Section 6. The City certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.
Section 7. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Agreement, and that the NOF A and Application are incorporated in the Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Agreement. Funds are to be used for the allowable expenditures and activities identified in the Agreement.
Section 8. This Resolution shall take effect take effect immediately upon its adoption.
ADOPTED, SIGNED AND APPROVED this 25th day of July 2023.
________________________
Eddie Tejeda, Mayor
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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3 I:\cmo\Resolutions\8506 Resolution_2023-2024_CDBG_Block_Grant_DSD.docx - jm I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution No. 8506 was duly adopted by the City Council at a regular meeting thereof held on the 25th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Jeanne Donaldson, City Clerk
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MINUTES
Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on February 7, 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: Janice McConnell, Assistant City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Chris Catren, Police Chief; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief
Mayor Pro Tem Barich called the meeting to order and announced there were no closed session matters scheduled for the City Council to consider. The meeting was recessed at 5:00 P.M.
RECONVENE CITY COUNCIL MEETING
Mayor Tejeda reconvened the meeting at 6:00 P.M. and announced that comments could be presented in-person, via Zoom, via cell phone or landline. An invocation was provided by Mayor Pro Tempore Barich. The pledge of allegiance to the American flag was conducted by Franklin Elementary fourth and fifth graders who participate in the Friendly Helpers Program.
PRESENTATIONS
Redlands Pet Adoption
Animal Services Supervisor Jodi Kroeger and Animal Services Officer Kaitlyn Giroux introduced “Stede”, a three-year-old male German Shepherd mix who is available for adoption, along with forty-one other dogs, four cats and one bird at the Redlands Animal Shelter. Ms. Kroeger informed the Council there had been thirteen dogs and six cats adopted in January 2023.
Proclamation Black History Month
Council Member Davis presented a Proclamation in celebration of Black History Month to Human Relations Commissioner Kenneth Ford and Jina Imani of The Artlands.
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PUBLIC COMMENT
Elizabeth St Speed Limit - John Mills urged the Council to lower the speed limit on Elizabeth Street, adding that a petition was signed by over 172 residents who consider the conditions to be unsafe for walking, cycling, parking and driving. The street has a number of twisting turns, lacks sidewalks in sections and falls within a school zone. He requested the Council support a 4-way stop sign proposed at Fountain and Elizabeth.
Step Up in Redlands
- Reverend Raymond Moorehouse expressed his deep gratitude for the City Council's support of the Step Up in Redlands Project, a permanent supportive housing solution for homeless individuals, which recently began to welcome its first residents. He encouraged the City to be mindful about continuing support of residents as they will face new challenges.
Open Meetings
- Dennis Bell complained that the City's Commission and Board meetings lacked transparency and offered spotty access due to the unreliability of Zoom connections.
Timing of Commissioner Term Limits
- Andy Hoder raised a potential dilemma with the Street Tree Committee, as four members will be termed out before the committee's annual report can be delivered to Council.
CONSENT CALENDAR
Minutes
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the minutes of the regular meeting of January 17, 2023.
Vote: 5 - 0 Passed
Boards, Commissions, Committees and Outside Agencies
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the 2023 City Council Liaison assignments to the City's Boards, Commissions, Committees and Outside Agencies as presented in the staff report.
Vote: 5 - 0 Passed
Proclamation Celebrating
Mahaparamashivaratri
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring February 18, 2023 as the celebration of Mahaparamashivaratri in the City of Redlands as a gesture of support for those in our community who observe and celebrate this occasion.
Vote: 5 - 0 Passed
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Proclamation Celebrating Black History Month
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring the month of February to be Black History Month in the City of Redlands.
Vote: 5 - 0 Passed
Resolution No. 8433 Remote Teleconference Meetings
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8433 authorizing remote teleconference meetings by the City Council and all Boards, Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021) for a period of 28 days or until the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) or until the Governor terminates the State of Emergency whichever occurs first.
Vote: 5 - 0 Passed
Orange Blossom Trail Phase 3 Project Contract Amendment
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Second Amendment to the Public Works Contract with Deark E&C, Inc. for the Orange Blossom Trail Phase 3 Project to extend the time for completion by sixty (60) calendar days.
Vote: 5 - 0 Passed
CFD Annual Levy Administration & Annexation Agreement Amendment
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the contract amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; approved the Third Amendment to the Agreement with Webb Municipal Finance, LLC increasing the total agreement amount to $86,500; and approved an additional appropriation of $33,577.59. On December 20, 2022, City Council approved the second amendment to the agreement with Webb Municipal Finance, LLC to change the City's representative, to extend the term of the agreement for 3 years through December 31, 2025, increasing the agreement from $56,500 to $86,500 and an additional appropriation of $33,577.59. However, it was discovered the second amendment did not include the increase from $56,500 to $86,500, which is reflected in this third amendment.
Vote: 5 - 0 Passed
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Amending State Plan of Operation with Police Department
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, an addendum amending the existing State Plan of Operation between the State and the Redlands Police Department, and authorized the Chief of Police to execute the addendum. This addendum amends the existing State Plan of Operation between the State and the Redlands Police Department and is herein referred to as the SPO Addendum. The SPO Addendum implements requirements found within Presidential Executive Order 14074 (Section 12), signed on May 25, 2022.
Vote: 5 - 0 Passed
Interlocal Agreement JAG Award
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Interlocal Agreement between the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland, Victorville, and the County of San Bernardino concerning distribution of the 2022 Justice Assistance Grant Award; and approved an additional appropriation of $18,431 to the police department.
Vote: 5 - 0 Passed
Vermeer Stump Grinder Purchase
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the purchase of a 2022 Vermeer Stump Grinder for the amount of $106,675.89.
Vote: 5 - 0 Passed
Art-On-State-Street Event
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and approved the special event and authorized the temporary closure of East State Street from 6th Street to 7th Street on March 19, 2023 for the Art-On-State-Street event hosted by the Redlands Art Association.
Vote: 5 - 0 Passed
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Solid Waste Compliance Software
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the sole source purchase with Citizen Communications DBA Recyclist for Solid Waste compliance software for the amount of $34,390.
Vote: 5 - 0 Passed
California Market Match Program Grant Acceptance
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously accepted, by roll call vote, the California Market Match Program Grant through the Ecology Center in the amount of $5,200; approved an additional appropriation of $5,200; and approved an in-kind service match of $8,914.25. An in-kind match in the amount of $8,914.25 will be fulfilled through staff time at the market distributing and redeeming the SNAP EBT and Market Match incentives, along with administering the grant. The term of this grant is from January 1, 2023, through December 31, 2024.
Vote: 5 - 0 Passed
Amending Contract Joslyn Senior Center Renovation Project
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the State's CEQA guidelines; and approved the First Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by one hundred fifty (150) calendar days.
Vote: 5 - 0 Passed
Annual Report Citrus Preservation Commission
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, to receive and file the Annual Report of the Citrus Preservation Commission by Chairman Michael Day as attached to the staff report.
Vote: 5 - 0 Passed
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COMMUNICATIONS
2023 Council Members Academy Conference Report
Council Member Saucedo attended the League of California Cities New Mayors and Council Member Academy held February 1-3, 2023 in Universal City and reported on the organization's mission and goals. He briefly described the intensive three-day conference which included courses related to land use policies, financing, the Brown Act and bullying. In addition, he highlighted one session in particular, entitled "City of Dysfunction Junction", a situational performance that was not only entertaining but educational as well.
Council Member Davis announced that she and City Manager Duggan were honored to be panelists at the conference, and they presented to hundreds of people on the main stage regarding "Developing an Effective City Council and City Manager Team".
Annual Report Airport Advisory Board
Vice Chair Jason Golembeski, of the Airport Advisory Board (AAB), presented the annual report of accomplishments for 2022. The Board consists of several members who possess many years of aviation experience, and they are passionate about the airport and their work to improve the facility. Their goal is to make it safer, to advise the Council on airport related decisions and to act as the conduit between the aviation community and the City Council.
Accomplishments included the formation of a safety committee, assessment of wildlife mitigation, Amazon fly overs and the development of a website update. Looking ahead to 2023, the Board will continue to review safety at the airport, continue to address the airspace incursion problem, complete the review of the Airport Layout Plan and continue to grow interest in the airport among the community. Mayor Tejeda and Council Member Davis thanked Mr. Golembeski for his thorough report and his dedication to serving the City.
San Bernardino Regional Housing Trust
Assistant City Manager Boatman introduced Monique Arellano, Council of Governments and Equity Programs Manager, with the San Bernardino Council of Governments, who delivered a presentation on the San Bernardino Regional Housing Trust (SBRHT). The SBRHT will be established by the San Bernardino Council of Governments and intends to provide significant funding and affordable housing development interests in the San Bernardino region. She provided an overview of SBRHT's goals and visions.
The City of Redlands anticipates that SBCTA/SBCOG will administer SBRHT and that each participating party shall make annual contributions toward the budgeted administrative costs of SBRHT. In return, SBRHT will provide services and support to the region and its parties to carry out the purpose of SBRHT. She explained the attached letter of intent was not a commitment, it was provided to identify interest in the participation and further the planning for the establishment of the SBRHT. Final commitment to join the SBRHT will be brought back to the City Council at a later date for consideration and be subject to approval, funding availability, and other factors. Other discussion points included the creation of a Joint Powers Agreement, board member structure and terms, best practices of models already established, benefits of an early commitment from agencies and the positive long term housing benefits for CC_SA_February 7, 2023
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the community. Council Members were in support of the program.
On motion of Council Member Mario Saucedo, seconded by Council Member Denise Davis, the City Council unanimously authorized, by roll call vote, the submittal of the letter of intent to participate in the San Bernardino Regional Housing Trust to be established by the San Bernardino Council of Governments.
Vote: 5 - 0 Passed
NEW BUSINESS
2023-2024 CDGB Program
Tricia Munoz, of Development Services, presented staff's recommendation for FY 2023-2024 Community Development Block Grant Program (CDBG). In response to this year's NOFA, the City received a total of six eligible PSA applications totaling $99,000 in funding requests and staff is recommending funding for all six requests at $8,506 each. One CIP project was submitted and deemed eligible. It provides for the continued rehabilitation of the Joslyn Senior Center, which includes improvements to the customer service counter and computer lab, to be funded in the amount of $289,210. This project will address compliance with the Americans with Disabilities Act requirements.
On motion of Council Member Mario Saucedo, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, to direct staff to prepare the 2023-2024 Community Development Block Grant Program Cooperating City Recommended Projects Form using the recommendation in this report and submit it to the County of San Bernardino Community Development and Housing Division prior to the February 24, 2023, deadline. The recommendations include: $289,210 for Redlands Project: Joslyn Senior Center Rehabilitation Project - Additional ADA Improvements; $8,506 for each of the following PSAs: Family Service Association of Redlands-Housing and Food; Boys & Girls Club of Greater Redlands-Family Strengthening; YMCA of the East Valley-Legal Aid; Steps 4 Life-Transitional Supportive Housing; Partners Against Violence-Supportive Services/Victims of Violence; The Blessing Center-Transitional Housing.
Vote: 5 - 0 Passed
Purchase Solid Waste Collection Vehicles
Assistant City Manager Boatman reviewed the purchase and replacement of five solid waste collection vehicles from Rush Truck Centers in an amount not-to-exceed $2,278,102.70. Of the City’s 43 solid waste vehicles, 19 have exceeded American Public Works Association (APWA) standards and need replacement. The global issue in the parts and labor supply chain is affecting all Heavy Duty OEM Truck Manufactures in North America and currently, the production of truck chassis has been cut back by 50%, resulting in a lead time for specialized truck builds between 12 to 18 months. The recommendation to purchase the five solid waste collection vehicles at this time is to fulfill equipment needs over the next two years.
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On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the purchase and replacement of five solid waste collection vehicles from Rush Truck Centers in an amount not-to-exceed $2,278,102.70.
Vote: 5 - 0 Passed
Contract Award Prospect Park Lighting Upgrades Project
Staff requested this item be pulled from the agenda. The matter will be rescheduled for an upcoming City Council meeting.
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Mayor Tejeda addressed attendees of the Lincoln Pilgrimage.
Mayor Pro Tem Barich attended the Pet Palooza animal adoption event hosted by Redlands Chrysler Dodge Jeep Ram and enjoyed the Lincoln Shrine Open House and Civil War Re-Enactment.
Council Member Davis attended the 3rd annual Black History group art show, curated by Gina Imani at The Artlands. She and Council Member Saucedo represented the City at the Santa Ana River Trail Phase III Groundbreaking Ceremony, and she participated in the meeting of the Climate Policy Council where attendees were joined by special guests, James and Deborah Fallows.
2023 Homeless-Point in-Time Count
- Council Members Guzman-Lowery and Saucedo were
pleased to participate in PITC held on January 26 with over 80 volunteers who conducted the annual count.
Council Member Saucedo attended a Water Policy Advisory Commission meeting with Director Harris and he challenged his colleagues to participate in the Community Emergency Response Team (CERT) training and become certified.
ADJOURNMENT
There being no further action required the meeting adjourned at 7:15 P.M. The next regular meeting of the City of Redlands City Council will be held on February 21, 2023.
SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
Chairman 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.
PUBLIC COMMENT
None forthcoming
CC_SA_February 7, 2023
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Minutes
On motion of Vice Chair Barich, seconded by Board Member Davis, the minutes of the regular meeting of December 6, 2022 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 7:16 P.M. The next regular meeting of the Agency will be held on March 7, 2023.
CC_SA_February 7, 2023
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SAN BERNARDINO COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING
2023-24 CDBG Projects
Redlands
Project Number WBSE Project Title Actual Amount
REDL-23-1-05A/0282 50.60.0289.03
Redlands: Joslyn Senior Center Rehabilitation Project
$ 283,105
REDL-23-1-05Q/7512 50.60.0072.09
Redlands: Housing and Food Program – FSA of Redlands
$ 8,506
REDL-23-1-05W/0283 50.60.0283.09
Redlands: Family Strengthening Program - Boys and Girls Club $ 8,506
REDL-23-1-05C/7511 50.60.0071.09
Redlands: Legal Services - YMCA of the East Valley
$ 8,506
REDL-23-1-05Z/0246 50.60.0246.09
Redlands: Steps 4 Life – Transitional Supportive Housing $ 8,506
REDL-23-1-05G/7538 50.60.0094.09
Redlands: Supportive Services for Victims of Violence - Partners Against Violence $ 8,506
REDL-23-1-03T/0284 50.60.0284.09
Redlands: Transitional Housing – Blessing Center
$ 8,506
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From: Graham, Kelly
To: Tricia Munoz
Cc: Charles Duggan; Anderson, Bryan; Ramirez, Tom
Subject: CDBG Award FY 2023-24 - Redlands
Date: Thursday, June 22, 2023 4:19:08 PM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
Redlands List.pdf
[NOTICE: This message originated outside of City of Redlands -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Greetings,
The Community
Development and Housing Department (CDH) is pleased to
announce that on May 9, 2023, the San Bernardino County Board of Supervisors approved the HUD Program Year 2023-24 Action Plan (inclusive of your City Council recommended CDBG activities). A list of your city’s CDBG approved projects is attached to this notification.
The 2023-24
fiscal year begins July 1, 2023.
Access to your CDBG funds will be
issued to you under the following conditions:
1. Attachment A & B
You will receive an Attachment A & B for each CDBG awarded project over the next few weeks, if you haven’t received it already.
Upon your receipt of these
documents (two sets) please thoroughly review, secure the wet signature of your authorized official and send the signed documents back to CDH and snail-mail.
Should
the documents require revisions, please send an email with details on the revision’s needed.
2. CDBG Subrecipient Agreements
The City must prepare a CDBG Subrecipient agreement with each Community Based Organization (CBO)/vendor who will be providing service on the City’s behalf.
This agreement must be fully executed by both parties before any funds can be released to your CBO/vendor. Please send a copy to your ECD Analyst.
As a reminder, CDBG Subrecipient reimbursement requests should be sent in on a monthly basis and completed before July 15, 2024.
Thank you for your cooperation and continued support of the CDBG program. It is our goal to complete the A & B process by or before July 1st. We look forward to working with you in the coming year.
Should you have any questions or need additional
assistance, please feel free to contact your Analyst, either Tom Ramirez or Sandra Redlands Adjourned Meeting of 7-25-23
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Becerra at:
(909) 501-0635 or via email at [email protected]. (909) 501-0636 or via email at [email protected].
Sincerely,
Kelly Graham
CDH Analyst II
Community Development and Housing Department
www.SBCountyCDHA.com
Phone: 909-501-0626
560 E. Hospitality Lane, Suite 200
San Bernardino, CA 92415-0043
SBCounty Logo
Our job is to create a county in which those who reside and invest can prosper and achieve well-being. www.SBCounty.gov
County of San Bernardino Confidentiality Notice: This communication contains confidential information sent solely for the use of the intended recipient. If you are not the intended recipient of this communication, you are not authorized to use it in any manner, except to immediately destroy it and notify the sender.
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City Council Meeting F. 10.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8499 for new connections to the City of Redlands water distribution and sewer collection systems for seven vacant parcels located at the northeast corner of the intersection Nice Avenue and Turquoise Avenue and identified as county of San Bernardino Assessor’s Parcel Numbers 0298-103-14-0000 through 0298-103-20-0000 in the unincorporated community of Mentone within San Bernardino County, adopt Resolution No. 8500 relating to Pre-Annexation Agreement No. 23-08 and determine that approval of the Resolutions is exempt from environmental review pursuant to Sections 15303 and 15319 of the California
Environment Quality Act (CEQA) guidelines (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that staff’s recommendations are appropriate, the following motions are provided:
I move to adopt Resolution No. 8499.
I move to adopt Resolution No. 8500.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8499 for new connections to the City of Redlands water distribution and sewer collection systems at the northeast corner of Nice Avenue and Turquoise Avenue in the unincorporated community of Mentone within San Bernardino County for Outside Service Case (OSC) No. 23-08, and determine that the Resolution is exempt from environmental review pursuant to Sections 15303(a) and 15319(b) of the California Environmental Quality Act (CEQA) guidelines.
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Upon City Council adoption of Resolution No. 8499, staff recommends that the City Council adopt Resolution No. 8500 to approve Pre-Annexation No. 23-08 to provide water and sewer service to seven vacant parcels located at the northeast corner of Nice Avenue and Turquoise Avenue in the unincorporated community of Mentone within San Bernardino County, and determine that adoption of Resolution No. 8500 is exempt from environmental review pursuant to Sections 15319 and 15303 of the California Environmental Quality Act guidelines.
DISCUSSION:
Staff recently received a water connection and sewer connection application, from Hankito Enterprises Incorporated, for the seven properties located at the northeast corner of Nice Avenue and Turquoise Avenue in the unincorporated community of Mentone within San Bernardino County and identified as county of San Bernardino Assessor’s Parcel Numbers 0298-103-14 through 0298-103-20 and as shown on Attachment B. The seven vacant parcels are located approximately 0.15 miles east of the Redlands city limits in the Mentone area.
The applicant is proposing to connect each parcel to City water service and sewer service to enable the development of each parcel with a single-family residence.
The Redlands Municipal Code (RMC) requires the Municipal Utilities and Engineering Department (MUED) Director and Development Services Department (DSD) Director to present completed applications for utility connections outside the city limits to the City Council for a determination if the public health, safety and welfare, and the best interests of the citizens of Redlands is served by the application, and to provide direction to staff regarding the preparation of a pre-annexation agreement.
The following items were reviewed and deemed complete by the MUED and DSD Directors:
Application for availability for OSC water and sewer connections;1.
Application for environmental review and a pre-annexation agreement;2.
Per Chapter 13.60 of the Municipal Code, OSC 23-08 is considered as a major project with seven (7) lots proposed for the future construction of single-family residences (see Attachment A and B). A major project is defined as a project consisting of five (5) or more residential dwelling units. Chapter 13.60 limits the number of water and/or sewer connections that are made to 150 residential dwelling units constructed outside the city’s corporate boundaries each year.
This application is the first major project to be considered this calendar year. Of the 150 allowable connections per year, the number of service connections for minor projects outside of the City is limited to 25 per year per Measure U. At this time, there have been 5 applications for minor projects with a total of eight (8) Redlands Adjourned Meeting of 7-25-23
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residential water connections and seven (7) residential sewer service connections approved by the Council.
Pursuant to the RMC, the City Council may consider the following factors in making its determination that the public health, safety and welfare, and the best interests of the citizens of Redlands are served by the application:
The relationship of the property and its proposed use to the City’s General Plan and zoning ordinances;
1. The relationship of the property and its proposed use to the City’s Water Master Plan, the City’s Water Capital Improvement Programs, the City’s Sewer Master Plan, and the City’s Sewer Capital Infrastructure program;
2. The proximity of the property to the City’s boundaries and existing utility infrastructure;
3. The proposed potential for new revenue sources for the City to pay for City services provided to the project as a result of annexation and development of the property; and,
4. The standards proposed for development of the property.5.
Approval of OSC 23-08 allows the applicant to physically connect to the water and sewer systems, which serve the public health, safety and welfare, and the best interests of the citizens of Redlands.
Consistency with the General Plan:
The subject properties are located in the Low/Medium Density land use designation of the General Plan, which supports residential uses such as single-family homes. The properties range in size between 0.192 and 0.256 acres and are currently undeveloped. The eventual use of each parcel is consistent with the City of Redlands General Plan.
Water is currently available at the intersection of Turquoise Avenue and Florence Avenue. The applicant will be required to construct a water main extension in Turquoise Avenue from Florence Avenue to Nice Avenue and from Turquoise Avenue easterly to the project boundary. Sewer is currently available in Nice Avenue. The applicant will be required to construct a sewer main extension in Turquoise Avenue from Nice Avenue northerly to the project boundary. See Attachment B for the location of existing utilities and the required main extensions.
The site is located in the County of San Bernardino and the County would be the approval authority for any future construction on these parcels due to the project location outside of the City limits. The County does not provide domestic water or sewer services to the site. The City of Redlands has the ability to provide both water and sewer services to unincorporated areas surrounding the City.
By adoption of Resolution 8499, the City Council authorizes staff to proceed with Redlands Adjourned Meeting of 7-25-23
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the preparation of a Pre-Annexation Agreement for the subject properties. In the interests of expediency, a Pre-Annexation Agreement has already been prepared and is attached to Resolution No. 8500 (Attachment D). This request for a Pre-Annexation Agreement is necessary for the property owner to obtain City water service and sewer service.
Regarding General Plan Consistency, the subject properties range in size between 0.192 and 0.256 acres, and have a General Plan land use designation of Low Density Residential, which allows up to six units per acre. The applicant is working with the County of San Bernardino for the construction of a single-family residence on each parcel. Development of the sites with single-family residences will be consistent with the General Plan’s land use designation as Low Density Residential. In the event that the area is annexed into the City, the properties would most appropriately be zoned Single-Family Residential (R-1) under the City’s zoning code. The proposed development of each site with a single-family residential use is permitted in the R-1 District. With the adoption of Resolution No. 8499, the City Council will make a finding that Outside City Case No. 23-08 for water distribution system and sewer collection system connections for the seven described parcels in the unincorporated community of Mentone within San Bernardino County is consistent with the Redlands General Plan and the public health, safety and welfare of the citizens of Redlands.
The “project” before the City for purposes of the California Environmental Quality Act (CEQA) is the decision by the City Council to enter into a Pre-Annexation Agreement with the property owner for a parcel located outside the City. This will enable the provision of City domestic water service and sewer service, making it possible for the property owner to develop the sites with single-family residences. This type of application is exempt from environmental review pursuant to CEQA Guidelines Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities) and Section 15303 (New Construction of Small Structures), which exempts construction of a single-family residence and extensions of water and sewer mains of a reasonable length to support the construction of a single-family residence. There is no possibility of any significant environmental effects as a result of the Pre-Annexation Agreement.
ALTERNATIVES:
City Council may deny the staff recommendations if Council determines OSC 23-08 does not serve the public health, safety, and welfare, and the best interests of the citizens of Redlands, or is inconsistent with the General Plan.
Additionally, the City Council can continue the item and request more information on any specific concerns.
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STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
John Harris, Municipal Utilities and Engineering Director PREPARED BY:
Donald Young, One Stop Permit Center Manager
Fiscal Impact
Fiscal Year: 23/24
Revenue Generating: Yes
Appropriation Required Y/N: No
Discussion:
The applicant has paid appropriate fees for the processing of the Outside City Case water utility service application. The applicant will be required to pay the Water Capital Improvement Charge, Water Source Charge, and associated encroachment permit fees. Additional fees will be paid by the applicant as required by Measure “U“.
Attachments
Attachment A - Location Map
Attachment B - Aerial Photograph
Resolution No. 8499
Resolution No. 8500
Exhibit A - Site Plan for Agreement
Exhibit B - Deeds for Agreement
Todd Kesseler Pre-Annexation Agreement No. 23-08
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Complete the cross gutter
Complete the cross gutter
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Copy right nearmap 2015
Title
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0 540 1,080
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Scale
This map was produced by the City of Redlands,
Geographic Information System.
The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.
The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.
May 16, 2023
.
OSC 23-08
Attachment A
Location Map
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Copyright nearmap 2015
Title
OneStop.mxd
0 60 120
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.
The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.
The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.
June 5, 2023
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EXISTING 8" WATER
REDLANDS
OSC 23-08
HANKITO
ENTERPRISES
INC.
EXISTING 8" SEWER
PROPOSED
8" WATER
PROPOSED
8" SEWER
PROPOSED
8" WATER
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1 I:\cmo\Resolutions\8499_OSC_23-08.docx - AE
RESOLUTION NO. 8499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DETERMINING OUTSIDE CITY CASE NO. 23-08 IS CONSISTENT WITH THE
REDLANDS GENERAL PLAN AND THE PUBLIC HEALTH, SAFETY, WELFARE
AND BEST INTERESTS OF T HE CITIZENS OF REDLANDS ARE SERVED BY THE CONTINUED PROCESSING OF OUTSIDE CITY CASE NO. 23-08 WHEREAS, Hankito Enterprises, Inc has filed an application for Outside City Case No. 23-08 with the City of Redlands for water connection and sewer connections for seven proposed single family residence s on seven vacant parcel s located at 1188 Turquoise Avenue, 1166 Turquoise Avenue, 1150 Turquoise Avenue, 1142 Turquoise Avenue, 1134 Turquoise Avenue, 1120 Turquoise Avenue, and 1108 Turquoise Avenue in the unincorporated community of Mentone idendified as County of San Bernardino Assessor’s Parcel Numbers 0298-103-14, -15, -16, -17, -18, -19, and -20; and
WHEREAS, Hankito Enterprises has concurrently applied for a pre -annexation agreement with the Development Services Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The City Council hereby determines that approval of this Resolution is exempt from review under California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15303(a) and 15319(b) as CEQA exempts the conversion of small structures and the annexation of lots for exempt facilities.
Section 2. The City Council hereby determines that O utside City Case No. 23-08 is consistent with the City of Redlands General Plan and the public health, safety, welfare and best interests of the citizens of Redlands are served by the City’s continued processing of the application; and
Section 3. The City Council hereby directs staff to p repare a pre -annexation agreement for 1188 Turquoise Avenue, 1166 Turquoise Avenue, 1150 Turquoise Avenue, 1142 Turquoise Avenue, 1134 Turquoise Avenue, 1120 Turquoise Avenue, and 1108 Turquoise Avenue in the unincorporated community of Mentone idendified as County of San Bernardino Assessor’s Parcel Numbers 0298 -103-14, -15, -16, -17, -18, -19, and -20 in the unincorporated community of Mentone.
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PASSED AND ADOPTED at a meeting of the City Council of the City of Redlands held on July 25, 2023.
________________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 25th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Jeanne Donaldson, City Clerk
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RESOLUTION NO. 8500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING PRE-ANNEXATION AGREEMENT NO. 23-08, RELATED TO
OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE AND
SEWER SERVICE FOR A VACANT LOT LOCATED AT 1188 TURQUOISE AVENUE , 1 166 TURQUOISE AVENUE , 1150 TURQUOISE AVENUE , 1142 TURQUOISE AVENUE , 1142 TURQUOISE AVENUE , 1134
TURQUOISE AVENUE , 1120 TURQUOISE AVENUE , and 1108
TURQUOISE AVENUE IN THE UNINCORPORATED COMMUNITY OF
MENTONE I DENTIF IED AS COUNTY OF SAN BERNARDINO
ASSESSOR ’S PARCEL NUMBERS 0298-103-14, -15, -16, -17, -18, -19, and -20.
WHEREAS, Hankito Enterprises filed an application for Outside City Case No. 23-08 and Pre-Annexation No. 23-08 with the City for outside City utility connections for seven vacant parcels located at 1188 Tu rquoise Avenue , 1166 Turquoise Avenue , 1150 Turquoise Avenue , 1142 Turquoise Avenue , 1142 Turquoise Avenue , 1134 Turquoise Avenue , 1120 Turquoise Avenue, and 1108 Turquoise Avenue in the unincorporated community of Mentone identified as County of San Bernardino Assessor’s Parcel Numbers 0298-103-14, -15, -16, -17, -18, -19, and - 20; and
WHEREAS, on July 18, 2023, the City Council found that Outside City Case No. 23-08 was consistent with the City ’s General Plan and determined the public health, safety, welfare of the residents of Redlands would be served by the City’s continued processing of the Outside City Case application , determined that the City of Redlands was acting a s a Responsible Agency under the California Environmental Quality Act, and directed staff to prepare a Pre -Annexation Agreement; and
WHEREAS, the subject property’s land use designation in the 2035 General Plan is Low Density Residential and the proposed project is consistent with the 2035 General Plan land use designation;
WHEREAS, the pro posal is not subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(a) for existing facilities and Section 15319 pertaining to annexations of ex isting facilities and lots for exe mpt facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1. The City Council of the City of Redlands hereby determines that the proposed Pre -Annexation Agreement is n ot subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities).
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SECTION 2. The City Council hereby approve s Pre-Annexation No. 23-08 (Exhibit A) for the provision of water service and s ewer service to enable development of a vacant lo t located at 1188 Tu rquoise Avenue , 1166 Turquoise Avenue , 1150 Turquoise Avenue , 1142 Turquoise Avenue , 1142 Turquoise Avenue , 1134 Turquoise Ave nue, 1120 Turquoise Avenue , and 1108 Turquoise Avenue in the unincorporated community of Mentone identified as County of San Bernardino Assessor ’s Parcel Num bers 0298 -103-14, -15, -16, -17, -18, -19, and -20.
ADOPTED, SIGNED AND APPROVED this 25th day of July 2023.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Cl erk of the City of Redlands, d o hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 25th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Jeanne Donaldson, City Clerk
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EXHIBIT A
Pre-Annexation Agreement
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Site Plan
Turquoise Avenue & Mentone Avenue
Mentone, CA
Annexation Agreement
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1 I:\cmo\Agreements\Todd Kesseler Pre-Annexation Agreement No. 23-08 FY22-0205.docx-jm
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY CLERK'S OFFICE
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
(THIS SPACE FOR RECORDER'S USE ONLY)
EXEMPT FROM FEES PER GOVERNMENT CODE SECTION 27388.1
AGREEMENT FOR ANNEXATION AND PROVISION
FOR CITY UTILITY SERVICES
This Agreement for Annexation and Provision of City Utility Services (“Agreement”) is made and entered into this 25th day of July 2023 by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California (“City”) and Hankito Enterprises, Inc., (“Property Owner”). City and Property Owner are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to Government Code sections 65300 and 65301 to include within its General Plan property outside its boundaries which is in City's sphere of influence or , which in City's judgment, bears a relation to its strategic planning, and (2) also has the authority pursuant to Government Code section 65859 to pre-zone property within its sphere of influence for the purpose of determining the zoning designation that will apply to such property in the event of a subsequent annexation of the property to City; and
WHEREAS, California case law, including but not limited to, Dateline Builders, Inc. v. City of Santa Rosa (1983) 146 Cal. App. 3d, 520 and County of Del Norte v. City of Crescent City (1999) which state in relevant part that it is not against the law or public policy for a city or county to use utilities as a tool to manage growth, provides that a city has no obligation, and may use its sole discretion, to extend utility services outside its corporate boundaries; and
WHEREAS, Property Owner owns seven vacant parcels of land generally located at northeast corner of Nice Avenue and Turquoise Avenue, Mentone, CA 92359 and identified as county of San Bernardino Assessor’s Parcel Numbe rs 0298-103-14-0000, 0298-103-15-0000, 0298-103-16-0000, 0298-103-17-0000, 0298-103-18-0000, 0298-103-19-0000, and 0298-103-20- 0000 (“Properties”) in the unincorporated area of the county of San Bernardino within the City’s sphere of influence, as described in Exhibit “A” titled “Site Plan” and Exhibit “B” titled “Grant Redlands Adjourned Meeting of 7-25-23
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2 I:\cmo\Agreements\Todd Kesseler Pre-Annexation Agreement No. 23-08 FY22-0205.docx-jm Deed” has made a request and application to City to receive water and sewer services for properties located in the unincorporated area of the c ounty of San Bernardino, and has provided evidence satisfactory to City that Property Owner is the fee owner of the Property; and
WHEREAS, Government Code section 56133 authorizes the City to provide new or extended utility services by contract outside its jurisdictional boundaries if it first receives written approval from the Local Agency Formation Commission for San Bernardino County (“LAFCO”), and provides that LAFCO may authorize City to provide such services within City's sphere of influence in anticipation of a later change of organization; and
WHEREAS, City's General Plan and Chapter 13.60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to properties located within the City's sphe re of influence and require, among other things, the owner of the propert ies to be served to enter into an agreement, and record the same in the official records of the county of San Bernardino, requiring the property owner to annex the properties to City upon certain conditions; and
WHEREAS, City has prepared a General Plan for the unincorporated area in which the Properties are located to provide for the orderly planning of such area, and has determined that the proposed development of the Properties is consistent with the goals and policies of City's General Plan; and
WHEREAS, it is the policy and goal of City to discourage and not facilitate development in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan and City’s development standards by refusing to extend utility services in such instances; and
WHEREAS, pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code and in consideration fo r City's agreement to extend utility services outside its jurisdictional boundaries to the Properties, Property Owner has entered into this Agreement to provide assurances to City that connection to City ’s domestic water and sewer systems will occur in accordance with the Redlands General Plan and the development standards of the Redlands Municipal Code, and that the Properties shall be annexed to City in accordance with this Agreement's terms, provisions and conditions;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and Property Owner agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct.
2. Provision of Utility Services . City agrees to provide domestic water and sewer services to the Properties consistent with the terms and conditions of this Agreement, provided that the connection complies with all rules and regulations of City governing the extension and provision of utility services to properties located outside City’s boundaries at the time a request by Property Owner for application for water and sewer connection is approved by City's Municipal Utilities and Engineering Department. Nothing herein represents a commitment by City to provide such service Redlands Adjourned Meeting of 7-25-23
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3 I:\cmo\Agreements\Todd Kesseler Pre-Annexation Agreement No. 23-08 FY22-0205.docx-jm unless and until Property Owner complies with all such rules and regulations . As a condition of approval of an application for water and sewer connection, and prior to receiving any service, Property Owner agrees to pay the full cost of such service as established by City for the extension of utility services to the Properties.
3. Agreement to Develop by City Standards. In consideration of City’s agreement to provide City water and sewer services to the Propert ies, Property Owner shall develop the Properties in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code.
4. Agreement to Annex. In consideration of City's agreement to provide City water and sewer services to the Properties, Property Owner hereby irrevocably consents to annexation of the Properties to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with City, to cause the annexation of the Propert ies to City. Property Owner and City agree that in the event City initiates an annexation of the Propert ies, City shall be responsible for the costs of such annexation. I n all other instances where the annexation of the Properties is proposed to City, Property Owner shall be responsible for such costs.
5. Payment of Fees. As a condition of receiving domestic water service from City, Property Owner shall pay to City all then-established applicable development impact fees , water acquisition fees, and user fees specifically for such domestic water service.
6. Taxes and Assessments. Property Owner hereby consents to the imposition of, and agrees that Property Owner shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Properties at the time the Properties are annexed to City.
7. Recordation. By entering into this Agreement, Propert y Owner and City acknowledge and agree that, among other things, it is the express intention of the Parties that any and all successors in interest, assigns, heirs and executors of Properties Owner shall have actual and constructive notice of Property Owner's obligations under, and the benefits and burdens of, this Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the official records of the county of San Bernardino. Property Owner further agrees that City shall, at the sole cost of Property Owner, have the right to cause the recordation of this Agreement.
8. Breach/Failure to Annex In the event Propert y Owner fails to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of its obligations or representations under this Agreement, City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Properties. This right shall be in addition to any other legal or equitable relief available to City.
9. Not a Partnership. The Parties specifically acknowledge that Property Owner’s development of the Propert ies is a private project, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint -venture or other association of any kind is formed by this Agreement. The only relationship between City and Property Owner is that of a governmental entity regulating the development of private property and the owner of such property.
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10. Indemnity and Cost of Litigation.
A. Property Owner agrees to and shall hold City, and its elected and appointed officials, officers, agents, and employees free and harmless from any and all liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the operations, errors, or omiss ions of Property Owner or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to development of the Properties. Property Owner agrees to and shall defend, indemnify and hold harmless City, its elected officials, officers, agents, employees and representatives from all actions for damages caused or alleged to have been caused by reason of Property Owner’s acts, errors or omissions in connection with the development of the Properties. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Property Owner’s or its representatives’ acts, errors or omissions regardless of whether or not City supplied, prepared or ap proved plans or specifications relating to the development of the Properties and regardless of whether or not any insurance policies of Property Owner relating to such development are applicable.
B. Property Owner shall defend, at its expense, including attorneys' fees, indemnify and hold harmless City, and its elected and appointed officials, officers, agents and employees from any claim, action or proceeding against any of them to attack, set aside, void or annual the approval of this Agreemen t or the approval of any permit or entitlement granted in furtherance of this Agreement. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding.
11. Liquidated Damages. In the event that the properties are not annexed to City in accordance with the terms of the Agreement, the then existing owner of the Properties shall pay each year to City, as liquidated damages, a sum equal to the properties taxes and any sales taxes the City would have received had the Properties been annexed. Failure to make such liquidated damages payments shall be good cause for City to cease service to the Properties.
12. Section Headings. All section headings and sub -headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
13. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California.
14. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees , including fees for a Party’s use of in-house counsel.
15. Binding Effect. The burdens of this Agreement bind and the benefits of this Agreement inure to the assigns and successors in interest of the Parties.
16. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Properties.
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17. Waiver and Release. Property Owner hereby waives and releases any and all claims it may have against City, and its elected and appointed officials, officers, employees and agents with respect to any City actions or omissions relating to the development of the Properties, and the Parties’ entry into , and execution of , this Agreement. Property Owner makes such waiver and release with full kno wledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 1542 is applicable. Civil Code Section 1542 provides as follows:
"A general release does not extend to claims whi ch the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
18. Construction. The Parties agree that each Party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement. The Parties further agree that this Agreement represents a voluntary "arms-length" transaction agreed to by and between the Parties and that each Party has had the opportunity to consult with legal counsel regarding the terms, conditions and effect of this Agreement.
19. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings or ancillary covenants or agreements which are not contained or expressly referenced herein, and no testimony or evidence of any such representations, understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
CITY OF REDLANDS PROPERTY OWNER
By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Todd Kesseler
Hankito Enterprises,Inc., Owner
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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6 I:\cmo\Agreements\Todd Kesseler Pre-Annexation Agreement No. 23-08 FY22-0205.docx-jm EXHIBIT “A”
SITE PLAN
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7 I:\cmo\Agreements\Todd Kesseler Pre-Annexation Agreement No. 23-08 FY22-0205.docx-jm EXHIBIT “B”
GRANT DEED
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City Council Meeting F. 11.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8495 for the Fiscal Year 23/24 through Fiscal Year 27/28 Five Year Measure I Capital Improvement Plan, and determine that the project is exempt under 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 the City Council determine that adoption of Resolution No. 8495 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 adopt Resolution No. 8495.2.
RECOMMENDATION:
Staff recommends that City Council determine that adoption of Resolution No. 8495 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and approve Resolution No. 8495.
DISCUSSION:
In November 1989, San Bernardino County voters approved passage of Measure I, which imposes a one-half of one percent (0.5%) retail transactions and use tax. At the time of approval, the Measure I tax was scheduled to be in place through 2010. San Bernardino County voters approved renewal of Measure I in November 2004 for a period of thirty (30) additional years.
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Measure I requires each local jurisdiction receiving Measure I revenues to adopt a Five-Year Capital Improvement Plan (CIP) listing the projects that will be funded or partially funded through Measure I annually. Streets identified for improvement in the Five-Year CIP are determined through the City’s Pavement Management Program (PMP), which was adopted by City Council in April 2020.
Street segments are programmed into the City’s annual street resurfacing project based on the PMP recommendations.
Each year, street improvement priorities are subject to change for various reasons, such as subsurface utility failures, weather-related issues such as earthquakes or flooding, cost, and new technologies. When priorities change, an updated Five-Year CIP must be submitted to the San Bernardino County Transportation Authority (SBCTA) in order to meet Measure I reporting requirements. Jurisdictions are not bound by the Five-Year CIP, and the plan may be revised at any time, as long as the revisions are reported by June 30.
Adoption of Resolution No. 8495 is exempt from environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act, as it can be seen with certainty that approval of this Resolution has no potential to cause a significant impact on the environment.
ALTERNATIVES:
City Council may deny the staff recommendation, although doing so prevents the City from receiving Measure I funding.
STRATEGIC PLAN:
Priority D - Strategic Objective 3. Infrastructure: Engineer and construct transportation facilities to accommodate all potential users – motorists, cyclists and pedestrians
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
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PREPARED BY:
Gerard Nepomuceno, Civil Engineer
Fiscal Impact
Discussion:
The estimated Measure I revenue throughout the Five-Year CIP horizon is $10,110,567. Generally, Measure I revenues received by the City average approximately $2 million annually.
Attachments
Resolution No. 8495
Exhibit A to the Resolution
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1 I:\cmo\Resolutions\8495-FY_23-28_Five-Year_Measure_I_CIP.docx-jm RESOLUTION NO. 8495
A RESOLUTION OF THE CITY C OUNCIL OF THE CITY OF REDLANDS
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2023/2024 THROUGH 2027/2028
WHEREAS, San Bernardino County voters initially approved passage of Measure I in 1989, and approved renewal of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority (“Authority”) to impose a one -half of one percent reta il transactions and use tax applicable in the incorporated and unincorporated territory of the county of San Bernardino until year 2040; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program of the Authority to annually adopt and update a Five -Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and San Bernardino Transportation Authority Ordinance No. 04-1 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required maintenance of effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Redlands is eight hundred forty -five thousand eight hundred sixty -six dollars ($845,866);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:
Section 1. This City Council determines that approval of this Resolution is exempt from review under California Environment al Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) as it can be seen with certainty by this City Council that the approval of this Resolution establishing a Five-Year Capital Improvement Plan will have no physical effect on the environment.
Section 2. That the Measure I Five -Year Capital Improvement Plan, attached to this Resolution as Exhibit “A,” is hereby adopted.
ADOPTED, SIGNED AND APPROVED this 25th day of July 2023.
ATTEST: Eddie Tejeda, Mayor
Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\8495-FY_23-28_Five-Year_Measure_I_CIP.docx-jm 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 25th day of July 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanne Donaldson, City Clerk
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CITY OF REDLANDS
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2023/2024 to 2027/2028
The City of Redlands intends to use Measure I dollars to partially fund the City’s City Council-approved Pavement Management Program (PMP). The City’s Pavement Management Program, which provides a decision making matrix in identifying streets that are priority paving projects, will be used to determine future Measure I Capital Improvement Plans.
EXHIBIT "A"
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REV FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 FY27/28
Chino 5.81% $ 2,453,733 $ 2,430,358 $ 2,487,787 $ 2,560,428 $ 2,635,178 $ 2,712,100 12,825,851$ Chino Hills 4.92% $ 2,077,860 $ 2,058,066 $ 2,106,697 $ 2,168,211 $ 2,231,511 $ 2,296,649 10,861,134$ Colton 3.38% $ 1,427,473 $ 1,413,875 $ 1,447,284 $ 1,489,543 $ 1,533,030 $ 1,577,779 7,461,510$ Fontana 13.43% $ 5,671,883 $ 5,617,851 $ 5,750,598 $ 5,918,510 $ 6,091,299 $ 6,269,105 29,647,363$ Grand Terrace 0.82% $ 346,310 $ 343,011 $ 351,116 $ 361,368 $ 371,918 $ 382,775 1,810,189$ Highland 3.57% $ 1,507,716 $ 1,493,353 $ 1,528,640 $ 1,573,275 $ 1,619,206 $ 1,666,471 7,880,945$ Loma Linda 1.60% $ 675,727 $ 669,290 $ 685,105 $ 705,109 $ 725,695 $ 746,878 3,532,076$ Montclair 2.39% $ 1,009,367 $ 999,752 $ 1,023,375 $ 1,053,257 $ 1,084,006 $ 1,115,649 5,276,038$ Ontario 11.33% $ 4,784,991 $ 4,739,408 $ 4,851,398 $ 4,993,054 $ 5,138,825 $ 5,288,828 25,011,513$ Rancho Cucamonga 11.01% $ 4,649,846 $ 4,605,550 $ 4,714,377 $ 4,852,032 $ 4,993,686 $ 5,139,453 24,305,098$ Redlands 4.58% $ 1,934,268 $ 1,915,842 $ 1,961,112 $ 2,018,375 $ 2,077,301 $ 2,137,938 10,110,567$ Rialto 6.56% $ 2,770,480 $ 2,744,088 $ 2,808,930 $ 2,890,948 $ 2,975,348 $ 3,062,199 14,481,512$ San Bernardino 13.94% $ 5,887,271 $ 5,831,187 $ 5,968,975 $ 6,143,263 $ 6,322,614 $ 6,507,173 30,773,212$ Upland 4.99% $ 2,107,423 $ 2,087,347 $ 2,136,670 $ 2,199,059 $ 2,263,260 $ 2,329,325 11,015,662$ Yucaipa 3.44% $ 1,452,813 $ 1,438,973 $ 1,472,975 $ 1,515,985 $ 1,560,243 $ 1,605,787 7,593,963$ County/Valley 8.23% $ 3,475,770 $ 3,442,659 $ 3,524,008 $ 3,626,905 $ 3,732,791 $ 3,841,753 18,168,116$ Total Valley Region 100.00% $ 42,232,932 $ 41,830,607 $ 42,819,048 $ 44,069,322 $ 45,355,910 $ 46,679,861 220,754,749$ Measure I Local Pass-through Program
VALLEY SUBAREA
Population
Distribution
Percentage
Total FY23/24
through FY27/28
Valley Subarea
Estimated Annual Local Pass-Through Amount
REVISED REVENUE ESTIMATES FOR FY2022/2023 thru FY2027/2028 Redlands Adjourned Meeting of 7-25-23
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Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/23 Carryover Balance $2,719,973.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $1,915,842 $1,961,112 $2,018,375 $2,077,301 $2,137,938 $10,110,567 Projects:
PMP 2022 Street Resurfacing Project No No 0.0% 100.0% $2,719,973 $2,719,973 $0 $0 $0 $0 $2,719,973 PMP 2023 Street Resurfacing Project No No 0.0% 100.0% $1,915,842 $1,915,842 $0 $0 $0 $0 $1,915,842 PMP 2024 Street Resurfacing Project No No 0.0% 100.0% $1,961,112 $0 $1,961,112 $0 $0 $0 $1,961,112 PMP 2025 Street Resurfacing Project No No 0.0% 100.0% $2,018,375 $0 $0 $2,018,375 $0 $0 $2,018,375 PMP 2026 Street Resurfacing Project No No 0.0% 100.0% $2,077,301 $0 $0 $0 $2,077,301 $0 $2,077,301 PMP 2027 Street Resurfacing Project No No 0.0% 100.0% $2,137,938 $0 $0 $0 $0 $2,137,938 $2,137,938
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$4,635,815 $1,961,112 $2,018,375 $2,077,301 $2,137,938 $12,830,541 Total Programming is currently 100% Total Estimated Programming: $12,830,541 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:
Redlands
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance
+ Total Estimated Revenue)
Jurisdiction:
7/18/2023
Gerard Nepomuceno/Civil Engineer
(909)798-7584 x4
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
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City Council Meeting F. 12.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8498 establishing a no-parking zone and restricted parking zone from 10:00 PM to 6:00 AM on Industrial Park Avenue between Nevada Street and Alabama Street and determination that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):
If City Council determines the Traffic and Parking Commission and staff recommendations are appropriate, the following motion is provided:
I move to adopt Resolution No. 8498.
RECOMMENDATION:
TRAFFIC AND PARKING COMMISSION RECOMMENDATION
On March 23, 2023, the Traffic and Parking Commission voted unanimously to recommend City Council approval of a no-parking zone and restricted parking zone from 10:00 PM to 6:00 AM on Industrial Park Avenue between Nevada Street and Alabama Street.
STAFF RECOMMENDATION
Staff recommends City Council adopt Resolution No. 8498 to establish a no-parking zone and restricted parking zone from 10:00 PM to 6:00 AM on Industrial Park Avenue between Nevada Street and Alabama Street and determine that approval of the resolution is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.
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DISCUSSION:
Industrial Park Avenue between Nevada Street and Alabama Street is a mixed-use commercial area including restaurants, hotels, self-storage rentals, and car dealerships. Recently, businesses fronting Industrial Park Avenue expressed concerns regarding the number of vehicles parking overnight and people loitering outside these vehicles, which the business owners claim contributes to vandalism of private property. Several businesses contacted MUED staff advocating for a no-parking zone on Industrial Park Avenue from Nevada Street to Alabama Street between 10:00 PM to 6:00 AM to help solve this issue without significantly impacting businesses. Staff scheduled this for discussion and action during the March 2023 Traffic and Parking Commission (TPC) meeting.
During the March 23, 2023 TPC meeting, the owner of Joyce Moving and Storage, Inc. expressed concerns about the proposed no-parking zone, claiming that commercial vehicles occasionally park along Industrial Park Avenue overnight until the business opens. The TPC was sympathetic to this business owner's concern and proposed an exception to the no-parking zone to allow commercial vehicles to park overnight on Industrial Park Avenue between Nevada Street and the west side property line of 1675 Industrial Park Avenue.
Staff also recommends establishing a no-parking zone between 10:00 PM to 6:00 AM on Industrial Park Avenue between the west side property line of 1675 Industrial Park Avenue to Alabama Street and a parking zone restricted to commercial vehicles during the same period between Nevada Street and the west side property line of 1675 Industrial Park Avenue in accordance with Section 10.40.090 of the Redlands Municipal Code.
Adoption of Resolution No. 8498 is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the project involves negligible or no expansion of the existing street.
ALTERNATIVES:
City Council may deny the Traffic and Parking Commission and staff recommendations and provide alternate direction.
STRATEGIC PLAN:
N/A
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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
Chris Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tabitha Kevari, Facilities and Community Services Director Rachel Tolber, Police Chief
Rich Sessler, Fire Chief
Goutam K. Dobey, City Engineer
PREPARED BY:
Johana Silva, Associate Engineer
Fiscal Impact
Fiscal Year: FY 23/24
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Discussion:
There is no fiscal impact associated with this action. The project includes routine maintenance tasks that are included in the approved FY 23/24 Facilities & Community Services operating budget.
Attachments
Resolution No. 8498
Location Map
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1 I:\cmo\Resolutions\8498_Resolution_No Parking Zone.docx - jm RESOLUTION NO. 8498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING TRAFFIC REGULATIONS PURSUANT TO TITLE 10 OF
THE REDLANDS MUNICIPAL CODE ESTA BLISHING A NO-PARKING
ZONE
WHEREAS, pursuant to studies made under the authority of Title 10 of the Redlands Municipal Code, and the presentation of information contained in such studies, the City Council of the City of Redlands (“th e City Council”) has determined that certain traffic regulations are necessary to protect the public health, safety and welfare and should be established pursuant to Title 10 of the Redlands Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The City Council determines that approval of this Resolution is exempt from environmental review under California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15301(c) which provides exemption for minor alterations of existing public streets and sidewalks. Th e City Council finds with certainty that the improvements involve negligible or no expansion of an existing use.
Section 2. Pursuant to Section 10.40.090(c) of the Redlands Municipal Code:
a. Establish a no -parking zone on eastbound and westbound Industrial Park Avenue between the west side property line of 1675 Industrial Park Avenue to Alabama Street between the hours of 10:00 PM to 6:00 AM;
b. Establish a no-parking zone with the exception of commercial vehicles on eastbound and westbound Industrial Park Avenue between Nevada Street and the west side property line of 1675 Industrial Park Avenue between the hours of 10:00 PM to 6:00 AM;
c. The City Traffic Engineer is hereby authorized and dir ected to post the appropriate signage and curb markings as designated in Redlands Municipal Code Section 10.40.240 to implement this resolution.
ADOPTED, SIGNED AND APPROVED this 25th day of July, 2023.
________________________
Eddie Tejada, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\8498_Resolution_No Parking Zone.docx - jm 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 25th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
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ALABAMA ST
NEVADA ST
W REDLANDS BLVD
IOWA ST
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INDUSTRIAL PARK AVE
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Copyright nearmap 2015
Location Map
OneStop.mxd
0 150 300
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.
The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.
The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.
May 15, 2023
.
.No-Parking Zone (Except Commercial Vehicles)
between 10 PM to 6 AM
.No-Parking Zone (All Vehicles)
between 10 PM to 6 AM
INDUSTRIAL PARK AVE
No Parking Signs with commercial vehicle exception
No Parking Signs (All Vehicles)
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City Council Meeting F. 13.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the hold harmless agreement with Redlands Joint Venture, LLC, Majestic Realty Co. for use of its facilities for the Heroes and Helpers 2023 Event (Deputy Chief Cantrell)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the hold harmless agreement between the City of Redlands and Redlands Joint Venture, LLC. Majestic Realty Co. regarding the use of its facilities between December 18, 2023 and December 21, 2023 to hold Heroes and Helpers 2023.
RECOMMENDATION:
Staff recommends that Council approve the hold harmless agreement between the City of Redlands and Redlands Joint Venture, LLC. Majestic Realty Co. regarding the use of its facilities between December 18, 2023 and December 21, 2023 to hold Heroes and Helpers 2023.
DISCUSSION:
For the past several years, the Redlands Police Department has partnered with several community groups to hold the annual Heroes and Helpers event in the month of December. Over the years, hundreds of children from local schools have participated in this event. The children, nominated by school principals, teachers, police officials, and community leaders, are partnered with members of the Redlands Police Department for a sponsored shopping spree at a store of their choosing located within either the Citrus Plaza or the Mountain Grove Shopping Center. Each candidate receives a $150 Visa gift card that can be used to purchase items for themselves and/or their families. Much to our surprise, many of the children purchased toys as gifts for younger siblings, or Redlands Adjourned Meeting of 7-25-23
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surprise, many of the children purchased toys as gifts for younger siblings, or they selected items such as deodorant, soap, socks, and other basic necessities we often take for granted.
This year, Amazon will continue to donate presents to the siblings of the shoppers. In addition, RPD will take their command post to the parking lot as a staging area. The property management company is requiring a hold harmless agreement to be signed in order for a staging area to be set up.
ALTERNATIVES:
If the City Council chooses not to sign the hold harmless agreement, RPD will not be able to hold the Heroes and Helpers event at Mountain Grove/Citrus Plaza.
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Rachel Tolber, Chief of Police
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Travis Martinez, Deputy Chief of Police
Fiscal Impact
Discussion:
No Fiscal Impact
Attachments
Majestic Realty Hold Harmless Agreement
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I:\cmo\Agreements\Majestic Realty Hold Harmless Agreement FY22-0202.doc - jm
HOLD HARMLESS AGREEMENT
THE CITY OF REDLANDS HEREBY AGREES TO HOLD HARMLESS , INDEMNIFY AND DEFEND MAJESTIC REALTY CO., AND THEIR AFFILIATES, PRINCIPALS
AND LENDERS, INCLUDING WITHOUT LIMITATION ANY CORPORATIONS OR
OTHER ENTITIES CON TROLLING, CONTROL LED BY OR UNDER COMMON CONTROL WITH MAJESTIC REALTY CO., A CALIFORNIA CORPORATION , AND
ALL OTHER OWNERSHIP AND MANAGEMENT ENTITIES FROM AND AGAINST ANY
AND ALL LOSS, COST, DAMAGE, LIABILITY, CLAIM OR EXPENSE (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND COSTS) ARISING FROM OR RELATED TO THE CITY OF REDLANDS ’ HEROES AND HELPERS EVENT TO BE HELD DURING THE TIME PERIOD OF DECEMBER 18-21, 2023.
ORGANIZATION: City of Redlands
FOR: Heroes and Helpers
LOCATED AT: Redlands Joint Venture Mountain Grov e
Partners and Majestic Realty Co.
13191 Crossroads Parkway North #64
City of Industry, CA 91746
SIGN:
PRINT NAME:
TITLE:
DATE:
Eddie Tejeda
City of Redlands Mayor
July 25, 2023
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City Council Meeting F. 14.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Accept the donation of a 2023 Toyota Tundra for the Redlands Police Department's Citizen Volunteers, valued in the amount of $53,156.68, from the Redlands Police Community Foundation; and authorize an additional appropriation of the same amount (Deputy Chief Cantrell)
MOTION(S):
If the City Council concurs with staff's recommendation, the following motion is provided:
I move to accept the donation of a 2023 Toyota Tundra for the Redlands Police Department's Citizen Volunteers, valued in the amount of $53,156.68, from the Redlands Police Community Foundation; and authorize an additional appropriation of the same amount.
RECOMMENDATION:
Staff recommends that City Council accept the donation of a 2023 Toyota Tundra for the Redlands Police Department's Citizen Volunteers, valued in the amount of $53,156.68, from the Redlands Police Community Foundation; and authorize an additional appropriation of the same amount.
DISCUSSION:
Through generous local donations, the Redlands Police Community Foundation purchased one (1) 2023 Toyota Tundra to be used for the Redlands Police Department's Citizen Volunteers. This vehicle will be replacing units 563 (2006 Ford F150 truck) and 574 (2005 Chrysler Van).
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In 2022, the RPD Citizen Volunteers gave approximately 4,400 hours of service to the citizens of Redlands. The acceptance of this vehicle will aid them in continuing to provide valuable volunteer services to the Redlands Police Department and community.
ALTERNATIVES:
Council may decline the donation or provide alternative direction to staff.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Rachel Tolber, Police Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tabitha Crocker, Facilities and Community Services Director Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Chay Miller, Executive Police Assistant
Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: No
Appropriation Required Y/N: Y
Amount: 53,156.68
Budgeted Y/N: N
Account No.: 101202 8704
Discussion:
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Attachments
Letter of Intent to Donate
Add'l Approp Tundra
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City Council Meeting F. 15.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support for $8,344 related to the Downtown Redlands Artwalk event hosted by the Kid's Cures Foundation to be held on October 29, 2023, approve a request to close East State and 5th Street, authorize the request for the sale and consumption of alcoholic beverages in Ed Hales Park, and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
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 event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act;
1. I move to authorize and approve a request for in-kind support in the amount of $8,344 related to this event;
2. I move to authorize the temporary closure of East State Street from Orange Street to 7th Street, and 5th Street from Redlands Boulevard to State Street on October 29, 2023; and
3. I move to approve the request for the sale and consumption of alcoholic beverages in Ed Hales Park.
4. RECOMMENDATION:
Staff recommends that City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary street closure of East State and 5th Streets on October 29, 2023, for the Artwalk event. Additionally, staff recommends that the City Council direct staff accordingly concerning the request for in-kind support and Redlands Adjourned Meeting of 7-25-23
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the request for the sale and consumption of alcoholic beverages.
DISCUSSION:
The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city resources and facilities in support of a special event.
The Kid's Cures Foundation has reserved Ed Hales Park for Sunday, October 29, 2023, from 9:00 a.m. to 7:00 p.m., for the Downtown Redlands Artwalk event. They are also requesting approval to temporarily close East State Street from Orange Street to 7th Street and 5th Street from Redlands Boulevard to State Street for the event. Additionally, they are requesting in-kind support in the amount of $8,344 for departmental resources including Police Personnel, FCS Staff and the reservation of Ed Hales Park. The Kid's Cures foundation is a non-profit organization operating out of the City of Beaumont, CA. The Citrograph Foundation will be responsible for operating the proposed pouring station and for obtaining the daily license to serve alcohol from the Office of Alcohol Beverage Control. The Citrograph Foundation is requesting permission to serve beer and wine at the event that will end no later than 5:00 p.m. The City Council's approval is necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559; therefore, the granting of this request is outside city staff's purview.
The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.
ALTERNATIVES:
The City Council may deny the request or waive a portion of the fees.
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STRATEGIC PLAN:
Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Rachel Tolber, Police Chief
PREPARED BY:
Michelle Groenke, Administrative Assistant
Fiscal Impact
Fiscal Year: 2023/24
Discussion:
In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event; totaling $8,344.00. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.
Departmental Charges
(Personnel & Equipment)
March 2023
Amount
Type October 2023
Amount
Police Personnel1 $5,450.00 Hard Cost $5,450.00
FCS Personnel1 $2,800 Hard Cost $2,800
Fire Personnel1 $0.00 Hard Cost $0.00
Personnel & Equipment
Subtotal
$8,250.00 $8,250.00
Fees Established by City Council
Resolution
Ed Hales Park Reservation Permit $94.00 Soft Cost $94.00 Redlands Adjourned Meeting of 7-25-23
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Fees Subtotal $94.00 Soft Cost $94.00
N/A Soft Cost N/A
Total Departmental Charges
and Fees
$94.00 $94.00
$8,250.00 (hard)
$94.00 (soft)
$8,344.00(Total)
$8,344.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.
The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2023-24 to date:
TABLE 2: FY 2021-22 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$3,920.00 $4,018.00 $0 $7,938.00 $7,938.00
Attachments
In-kind Request
Verification of Non-Profit
Authorization to Serve Alcohol
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CITY OF REDLANDS
APPLICATION REQUESTING AUTHORIZATION TO SERVE ALCOHOL
TYPE/NAME OF EVENT: ___________________________________________________________________________ DATE OF EVENT: ______________________________ HOURS: ____________________________ LOCATION: ___________________________________________________________________________ APPLICANT’S INFORMATION:
INDIVIDUAL/ORGANIZATION NAME: __________________________________________________________________ CONTACT PERSON: ________________________________________ PHONE: ______________________________ EMAIL: ______________________________________ ADDRESS: ________________________________________ EVENT INFORMATION:
ARE FEES BEING CHARGED FOR EVENT? YES NO PRICE: __________________ ARE FEES BEING CHARGED FOR ALCOHOL? YES NO PRICE: _______________ TYPE OF ALCOHOL BEING SERVED: BEER WINE DISTILLED SPIRITS
RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE
I, the undersigned, representing _______________________________________ and in consideration of being permitted to conduct the Event, agree that the members/participants of ___________________________________________ shall defend, indemnify and hold harmless the City of Redlands, its elected officials, officers, boards, commissions, agents and employees from and against any and all claims, demands, actions, suits, damages, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of the use of City of Redlands’ facilities.
The members/participants of __________________________________________ hereby release, discharge and agree not to sue the City of Redlands for any injury, death or damages to or loss of property arising out of or in connection with this event from whatever cause.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO USE AND FULLY UNDERSTAND ITS CONTENTS. I
REPRESENT I HAVE THE FULL AUTHORITY TO EXECUTE THIS FULL RELEASE OF LIABILITY ON BEHALF OF THE MEMBERS/PARTICIPANTS OF _______________________________________________________________ AND THAT I HAVE SIGNED THIS AGREEMENT ON:
Date: ______________ Signature: _______________________________________________
AUTHORIZATION
Pursuant to the use of alcohol within the City property noted above, the City of Redlands grants you permission to do so with the following conditions set forth by the City Council:
ALCOHOL RELATED TO PARKS:
Redlands Municipal; Code, Section 12.44.270 does allow, pursuant to a written permit from the Quality of Life Director, a person or persons to drink or consume alcoholic beverages in public parks, only in enclosed public areas as defined by resolution of the City Council. Any other locations within the City’s property requires the City Council approval and designation of the place for the sale and consumption thereof.
Tape or fencing of some kind shall be used for setting off the area for which the alcoholic beverages are served and consumed. Alcohol sales and distribution shall cease one hour prior to end of the event unless otherwise directed by RPD or ABC office.
ALCOHOL RELATED TO AIRPORT:
12.56.090: USE OF INTOXICATING LIQUOR OR DRUGS: No person shall operate or assist in the operation of any aircraft while under the influence of, or using, any intoxicating liquor or habit forming or hallucinatory or narcotic drug. No alcoholic beverage may be consumed or sold on the airport unless the city council shall have approved and designated the place for the sale and consumption thereof.
APPROVED: __________________________ DATE: _______ DENIED: _______________________ DATE: ______ CITY COUNCIL DATE (if applicable): _______________
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City Council Meeting F. 16.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Second Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by seventy-five (75) calendar days and determine that the project is categorically exempt from environmental review pursuant to Section 15061 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to determine that the approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the State's CEQA guidelines; and
1. I move to approve the Second Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by seventy-five (75) calendar days.
2. RECOMMENDATION:
Staff recommends City Council approve the Second Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project No. FCS10252021ER to extend the time for completion by seventy-five (75) calendar days. Staff further recommends that the approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the state's CEQA guidelines, pertaining to the common sense rule.
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DISCUSSION:
On October 4, 2022, the City Council approved a Public Works Contract with Armstrong Cal Builders, Inc. to perform all the work and furnish all materials for the Joslyn Senior Center Renovation Project No. FCS10252021ER for an amount not-to-exceed $1,033,800. This project is funded by the County of San Bernardino's Community Development Block Grant Program
(REDL-20-1-30A/0184). The scope of the project consists of the construction of a commercial kitchen, renovation of existing restroom facilities, installation of a grease interceptor, minor site improvements, interior, and exterior ADA upgrades.
Armstrong Cal Builders, Inc. recently notified staff that the lead time for project materials is longer than anticipated and exceeds the contract completion deadline. Therefore, staff is recommending a contract amendment to increase the time for completion by seventy-five (75) calendar days, resulting in a revised contract time for project completion of three hundred fifteen (315) calendar days.
This is the second contract revision proposed. Furthermore, the approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the state's CEQA guidelines, pertaining to the common sense exemption.
ALTERNATIVES:
City Council may deny this action. However, denying this action may result in the project not being completed and a loss or reduction of Community Development Block Grant Program (CDBG) funding in the future.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Jawad Naderi, Associate Engineer
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Fiscal Impact
Discussion:
There is no impact on the General fund with approval of this second amendment as it only extends the timeframe. This project is funded by CDBG funds from the County of San Bernardino (REDL-20-1-30A/0184).
Attachments
Second Amendment
Executed Contract (Reference only)
First Amendment
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I:\cmo\Agreements\Armstrong Cal Builders 2nd Amendment FY22-0200.docx - jm
SECOND AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This second amendment (“ Second Amendment”) to the Public Works Construction Contract for the Joslyn Senior Center Renovation Project for the (“Contract”), dated [October 4, 2022], by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Armstrong Cal Builders, Inc. (“Contractor”), is made and entered into this 25th day of July 2023.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the time for completion of the contract to September 26, 2023.
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Contractor agree as follows:
AGREEMENT
Section 1. Section 3 of the contract, entitled “Time for completion,” is hereby amended to read as follows:
3 “TIME FOR COMPLETION: The Work shall be completed within three hundred fifteen (315) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”
Section 2. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.
Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
CITY OF REDLANDS Armstrong Cal Builders, Inc.
By: _______________________________ By: ________________________________ Eddie Tejeda, Mayor Shawn Salah, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This first amendment (" First Amendment") to the Public Works Construction Contract for the Joslyn Senior Center Renovation ( Project No. FCS10252021ER) for the (" Contract"), dated October 4, 2022, by and between the City of Redlands, a municipal corporation and a general law city (" City"), and Armstrong Cal Builders, Inc., a California Corporation Contractor"), ismadeandenteredintothis71hdayof February2023.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the time for completion of the contract to July 13, 2023.
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Contractor agree as follows:
AGREEMENT
Section 1. Section 3 of the contract, entitled " Time for completion," is hereby amended to read as follows:
3 " TIME FOR COMPLETION: The Work shall be completed within two hundred forty 240) calendar days from and after the date of City' s issuance of a Notice to Proceed to Contractor."
Section 2. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.
Section 3. This Amenchnent may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
CITY OF RE-5L
By: zGAG:: 4 —
Eddie Tejeda, Mayor
ATTEST:
e e Donaldson, City Clerk
Armstrong Cal Builders, Inc.
By:
alah, President
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City Council Meeting F. 17.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a First Amendment to the Public Works Contract with VT Electric, Inc. for the Prospect Park Lighting Upgrades, to extend time for completion by ninety (90) calendar days (Facilities and Community Services Director Crocker)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the First Amendment to the Public Works Contract with VT Electric, Inc. for the Prospect Park Lighting Upgrades project to extend the time for completion by ninety (90) calendar days.
RECOMMENDATION:
Staff recommends that the City Council approve the First Amendment to the Public Works Contract with VT Electric, Inc. for the Prospect Park Lighting Upgrades Project to extend the time for completion by ninety (90) calendar days.
DISCUSSION:
On March 7, 2023, the City Council approved a Public Works Contract with VT Electric, Inc. to construct the Prospect Park Lighting Upgrades project for an amount not-to-exceed $471,975.00 The scope of the project consists of the removal and replacement of the existing light poles and fixtures as well as a plan to extend the lighting system within the park. The new system will utilize the existing 480v power system and include as much of the existing conduit, wire and pull boxes as feasible. Recently, VT Electric, Inc. notified staff that the lead time for project materials is lengthy and exceeds the contract completion deadline. Therefore, staff is recommending a contract amendment to increase the contract time for completion by ninety (90) calendar days, resulting in a revised contract time for project completion of one hundred eighty (180) calendar Redlands Adjourned Meeting of 7-25-23
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revised contract time for project completion of one hundred eighty (180) calendar days.This is the only contract revision proposed.
ALTERNATIVES:
City Council may elect not to approve this amendment; however, electing not to approve this amendment may result in the scope of the project not being completed as planned.
STRATEGIC PLAN:
Not applicable
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Jawad Naderi, Associate Engineer
Fiscal Impact
Discussion:
Approval of this amendment has no impact on the General Fund.
Attachments
First Amendment
VT Electric, Inc. Public Works Contract
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I:\cmo\Agreements\VT Electric Inc First Amendment FY22-0196.docx - jm
FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This First amendment (“First Amendment”) to the Public Works Construction Contract for the Prospect Park Lighting Upgrades for the (“Contract”), dated [March 7th, 2023], by and between the City of Redlands, a municipal corporation and a general law city (“City”), and VT Electric, Inc. (“Contractor”), is made and entered into this 25th day of July 2023.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the time for completion of the contract to October 14, 2023.
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Contractor agree as follows:
AGREEMENT
Section 1. Item 3 of the contract, titled “Time for completion,” is hereby amended to read as follows:
“TIME FOR COMPLETION: The Work shall be completed within one hundred eighty (180) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”
Section 2. All other provisions of the Agreement shall remain unchanged by th is First Amendment and in effect.
Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
CITY OF REDLANDS VT ELECTRIC, INC.
By: _______________________________ By: ________________________________ Eddie Tejeda, Mayor Tony Tran, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council Meeting F. 18.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the License Agreement with International Aerobatic Club Chapter 26, for use of the Redlands Municipal Airport for the 2023 Official Regional Aerobatic Competition to be held August 31, 2023 through September 3, 2023, and determine that the project is exempt from environmental review pursuant to Section 15323 of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) MOTION(S):
If the City Council determines that the request is appropriate, the following motions are provided:
I move that the City Council determine that approval of the License Agreement is categorically exempt from environmental review pursuant to Section 15323 of the state's guidelines implementing the California Environmental Quality Act; and
1. I move to approve the License Agreement with International Aerobatic Club Chapter 26 for use of the Redlands Municipal Airport for the 2023 Official Regional Aerobatic Competition.
2. RECOMMENDATION:
On April 20, 2023, the Airport Advisory Board reviewed the request of the International Aerobatic Club Chapter 26 to use the Redlands Municipal Airport for its 2023 Regional Aerobatic Competition and recommended the item be presented to the City Council for consideration and approval.
Staff recommends that City Council approve the License Agreement with the International Aerobatic Club Chapter 26 for use of the Redlands Municipal Airport for the 2023 Regional Aerobatic Competition and determine that approval of the License Agreement is categorically exempt from environmental review pursuant to Section 15323 of the state's guidelines implementing the California Environmental Quality Act.
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DISCUSSION:
The International Aerobatic Club Chapter 26 (IAC 26) is requesting to host a regional aerobatic competition at the Redlands Municipal Airport (Airport) from Thursday, August 31, 2023, to Sunday, September 3, 2023, from 7:00 a.m. to 10:00 p.m. on each day. The event setup will begin at 7:00 a.m. on August 31, 2023, followed by event practices and then competitions on September 1st through September 3rd. The event attracts approximately 30 pilots, support crews, and event staff. IAC 26 estimates a total of 75 participants for the competition which is sanctioned by the International Aerobatic Club and conducted in accordance with the current official contest rules, policies and procedures. The IAC 26 event is fully self-supported and has received approval by the Federal Aviation Administration (FAA). No staff resources from the City are required other than the Airport Supervisor issuing a Notice To Airmen. The Airport will remain open during the competition with FAA-approved temporary changes to fixed-wing flight patterns to place normal flight traffic to the south of the Airport.
Day-to-day flight operations currently fly to the north of the Airport and over the Santa Ana River wash area. The proposed temporary shift in the flight pattern will allow for the FAA-approved aerobatic box to be placed north of the Airport and provide an area to conduct the contest within controlled airspace. These temporary changes to the airspace have been approved by the FAA and ground safety is managed by licensed and certified pilots of IAC 26. The proposed competition is not open to the public nor is it advertised to the public, and will not affect normal operations other than the change in the flight pattern during the duration of the event.
Sanctioned IAC 26 participants in the aerobatic competition, airport users, flight schools, instructors, tenants, and transient aircraft will be able to access and use the airport facilities. Aerobatic competition rules do not allow alcohol services at or during the event. The proposed staging and judging areas for the competition are within the Redlands Aviation leasehold area. The Fixed Base Operator (FBO) who manages this area is supportive of the event and has coordinated access of the FBO facilities to IAC 26, should the City Council approve the Agreement. Further, taxiway and hangar access for aircraft housed and visiting at the Airport will be maintained throughout the event timeline and the sale of goods or services by IAC 26 will be prohibited.
The IAC 26 Chapter will provide the following in accordance with City policy prior to the proposed event:
Certificate of Insurance evidencing: General Liability insurance with the City listed as an Additional Insured;
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Provide FAA approvals for aerobatic box and temporary relocation of fixed-wing flight pattern to the south of the Airport to avoid conflicts within the temporary aerobatic box.
The proposed competition is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15323 which relates to the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" means that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. The City has issued licenses to the group for this event in 2021-2022. Previous to these events, the City issued airshow permits from 2012-2019. Therefore, the event meets the intent of the exemption as it has occurred in similar form, nearly every year since 2012.
ALTERNATIVES:
City Council may elect not to approve the License Agreement.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Michelle Groenke, Adminstrative Assistant
Fiscal Impact
Fiscal Year: 2023/24
Revenue Generating: N
Discussion:
There is no fiscal impact for this event.
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Attachments
License Agreement
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1 I:\cmo\Agreements\Aerobatic Competition License Agreement FY22-0204.docx - jm
LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDLANDS AND INTERNATIONAL AEROBATIC CLUB CHAPTER 26
This License Agreement (“License”) is made and entered this 25th day of July 2023 (“Effective Date”), by and between the City of Redlands, a muni cipal corporation (“City”), and International Aerobatic Club Chapter 26 (“Licensee”). City and Licensee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, Licensee desires to conduct an event consisting of an International Aerobatic Club-sanctioned aerobatic competition (“Event”) at the Redlands Municipal Airport (“Airport”), located at 1755 Sessums Drive (“Premises”); and
WHEREAS, City has approved prior use of the Airport for similar aerobatic competitions open to the public outside all airport operational areas; (i.e. with limited public attendance in so much as airport can accommodate public parking lot and small park area):
WHEREAS, City and Licensee desire to enter into this License to set forth the terms and conditions under which City will license the use of the Airport to Licensee, and the respective rights and obligations of the Parties relating to such License;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and International Aerobatic Club Chapter 26 agrees as follows:
AGREEMENT
Section 1. Premises. City hereby grants to Licensee a License to conduct the Event at the locations specified in Exhibit “A” (the “Premises”) titled “Airport Layout Plan” which is attached hereto and incorporated herein by this reference.
Section 2. Acknowledgment of License and Disclaimer of Tenancy.
A. Licensee is not tenant or lessee of City and holds no rights of tenancy or leasehold in relation to the Premises.
B. In consideration of City’s grant of this License, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Premises other than the rights expressly granted by this License.
C. The consideration paid by Licensee pursuant to Section 4 of this License is consistent with the value of the rights comprising the License privilege; the consid eration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Premises.
Section 3.Term. The term of the License shall commence on August 31, 2023, and terminate on September 3, 2023, unless earlier terminated as provided for herein. Licensee shall have no Redlands Adjourned Meeting of 7-25-23
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Section 4. Use of Premises.
A. The Premises shall be used by Licensee solely for the purpose of conducting the official International Aerobatic Club competition event at the Airport.
B. During the term of this License, Licensee shall comply with all applicable federal, state, and local laws, and all applicable rules and regulations established by City including, but not limited to, City’s Municipal Code provisions governing the Airport.
C. The hours of operation for the Event shall be limited to the following:
i. August 31, 2023, from 7:00 a.m. until 8:00 p.m.; Set Up ii. September 1, 2023, from 7:00 a.m. until 10:00 p.m.; Registration & Practice iii. September 2/3, 2023, from 7:00 a.m. until 10:00 p.m.; Contest Flying
D. Licensee may commence Event set-up within the areas identified in Exhibit “A,” on August 31, 2023, beginning at 7:00 a.m. Taxiway and hangar access for aircraft housed and visiting at the Airport will be maintained.
E. Tear down and clean-up of the Event shall commence immediately following the end of the Event and shall be completed no later than 10:00 p.m. on Sunday, September 3, 2023.
F. Licensee shall ensure that all airport gates used by the Event staff are properly closed and secured after each use.
G. Licensee guarantees that the Event is open to the public outside all airport operational areas and the Airport will remain open to local and transient aircraft during the Event with FAA-approved temporary changes to the fixed-wing flight pattern.
H. Licensee shall provide a sufficient number of adequate trash receptacles in the parking areas and the Event area , identified in Exhibit “A” . The airport ramps utilized in the course of the Event shall be expediently cleared of all trash and debris that may pose a threat to airport operations.
I. Licensee shall obtain all required federal, state and local agency permits, copies of which shall be submitted to the Airport Supervisor prior to the Event.
J. Licensee shall manage ground and air safety by licensed and certified staff at all times during the Event.
K. Licensee shall require attendees to park only within designated parking areas.
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Section 5. Final Plan Submittals.
A. Licensee shall submit to City for review and approval a final layout plan by close of business, August 24, 2023. The final layout shall be reviewed and approved by City’s Assistant Facilities & Community Services Director or Assistant City Manager.
B. All plans and documents related to the Event and submitted to City shall reflect City Council approvals and any other changes required by the Council and/or staff. This condition applies to all Event layouts, schedules, or plans submitted to City in connection with the Event.
Section 6. Indemnity. Licensee, and its agents and employees (collectively, “Licensee”) shall defend, indemnify, protect and hold harmless City, and its elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines penalties, expenses, causes of action and judgements at law or in equity, or liability or any kind or nature, whether known or unknown, (including without limitation, third party claims with attorneys’ fees) which City, or its elective and appointive boards, officials, officers, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or any way connected to this License, and the Licensee's negligent acts or omissions, or willful misconduct, associated with Licensee’s conducting the event authorized by this License, excepting only liability arising out of the sole negli gence of the City. This section shall survive any termination or expiration of this License.
Section 7. Public Liability and Property Damage Insurance . Licensee shall obtain Event insurance in compliance with the minimum scope and limit of insurance as outlined below:
A. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
B. 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 Contractor owned vehicles used in connection with Contractor’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.
C. Licensee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City. All certificates and endorsements are to be received and approved by the City at least five (5) days before Licensee commences activities.
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Section 8. Special Risks or Circumstances: City reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
Section 9. Assignment Prohibite d. This License is personal to Licensee. Licensee shall not encumber, assign, sublease or otherwise transfer this License, or any right or interest therein, without the prior written consent of City. Any such encumbrance, assignment, sublease or transfer without such prior consent and approval of City shall constitute an immediate breach of this License and may, notwithstanding any other provision of this License and at the sole discretion of City, result in the immediate termination of this License.
Section 10. Attorneys’ Fees. In the Event any action is commenced to enforce or interpret the terms or conditions of this License, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for use of in - house counsel by a Party.
Section 11. Notices. Any notice or other communication required, or which may be given, pursuant to this License, shall be in writing. Any such notice shall be deemed delivered (i) on the day of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section:
CITY: LICENSEE:
City of Redlands IAC Chapter 26
Jeanne Donaldson, City Clerk c/o Susan Bell, President
P.O. Box 3005 22240 Broken Lance Rd.
Redlands, CA 92373 Apple Valley, CA 92307
[email protected] [email protected]
909-798-7531 323-377-1125
Section 1 2. Entire License/Amendment . This License constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any prior verbal or written representations or agreements respecting the Premises not expressly set forth herein are null and void. Any and all amendments to this License shall be in writing and executed by the Parties.
Section 1 3. Termination . In the e vent of any default of this License by Licensee, in addition to any other rights or remedies City may have, City shall have the option of immediately terminating this License. A ll remedies of City under t his section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have.
Section 14. Waiver. No waiver by either Party of any provision of this License, or waiver of any breach of this License, shall be deemed to be a waiver of any other provision of this License, Redlands Adjourned Meeting of 7-25-23
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Section 15. Severability. If any provision of this License is held invalid or unenforceable for any reason by a court of competent jurisdiction, this License shall otherwise remain in full force and effect and shall be construed in all respects as if such invalid or unenforceable provision was omitted.
Executed on the 25th day of July 2023, at Redlands, California
CITY OF REDLANDS IAC Chapter 26
__________________________________ _________________________________ Eddie Tejeda, Mayor Susan Bell, President
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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City Council Meeting G. 1.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and Possible Action Related to the use of Zoom for City Council and Planning Commission meetings and Teleconferencing under Assembly Bill (AB) 2449 (Mayor Tejeda)
MOTION:
The City Council may consider one of the following motions:
I move that the City Council authorize the continued use of Zoom for all meetings of the City Council and Planning Commission and to comply with teleconferencing requirements as described in AB 2449.
OR
I move that the City Council authorize the continued use of Zoom only when City Council members or Planning Commissioners are complying with the requirements of AB 2449.
OR
I move that the City Council discontinue the use of Zoom for all meetings of the City Council and the Planning Commission (and all commissions, boards and committees) and only allow remote participation under the Brown Act traditional, pre-pandemic teleconferencing rules.
DISCUSSION:
At the February 13, 2023, Special Meeting, the City Council authorized the continued use of Zoom for all meetings of the City Council and Planning Commission and to allow remote participation pursuant to AB 2449. At that same meeting, the Council discontinued the use of Zoom for all other City commissions, boards, and committees, unless to comply with AB 2449.
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Commission meetings and remote participation under AB 2449. The Council has three options available for its consideration.
OPTION 1: Maintain the Status Quo
Zoom will continue to be utilized for meetings of the City Council and Planning Commission and to allow Council Members and Planning Commissioners to utilize AB 2449 for remote participation.
OPTION 2: Zoom Available Only for AB2449 Compliance
Zoom will not be available for meetings of the City Council or the Planning Commission, except when a member must participate remotely pursuant to AB 2449. Under AB 2449, a member of the City Council or the Planning Commission may participate in a meeting remotely if the need for the remote participation meets the standards under "Just Cause" or "Emergency Circumstances" and subject to certain conditions including allowing members of the public to participate remotely.
"Just Cause" is defined as the following:
Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a Council Member to participate remotely.
A contagious illness that prevents a member from attending in person.
A need related to a physical or mental disability
Travel while on official business of the City Council or another state or local agency.
"Emergency Circumstances" is defined as a physical or family medical emergency that prevents a Council Member from attending in person.
OPTION 3: Discontinue Zoom for any Public Meetings; Remote Participation only pursuant to the Traditional Brown Act Teleconferencing Rules
The Council may elect to discontinue the use of Zoom for City Council and Planning Commission meetings (and the meetings of its commissions, boards and committees) and require in-person participation in public meetings. Under this option, members of the City Council, Planning Commission and other commissions, boards and committees may only participate remotely in meetings pursuant to the traditional Brown Act teleconferencing rules which require that remote participation occur as follows:
Teleconferencing is via some form of video or audio (i.e., conference call or call-in number) technology or both;
At least a quorum of the City Council must participate in teleconferencing locations within the City of Redlands.
Each teleconference location must be identified in the notice and agenda of the meeting.
Agendas must be posted at each teleconference location.
Each teleconference location must be accessible and open to the public.
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Each teleconference location must be accessible and open to the public.
The agenda must provide the opportunity for the public to address the City Council directly at each teleconference location.
All votes must be by roll call.
SUBMITTED BY:
Mayor Eddie Tejeda
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
PREPARED BY:
Ross Wittman, Project Manager
Fiscal Impact
Discussion:
There is no fiscal impact associated with this agenda item.
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City Council Meeting G. 2.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize expenditure of funds for travel to Sister Cities Hino,Japan, for Mayor Tejeda to attend the 60-year celebration of Hino's establishment, and the anniversary of the Sister Cities relationship (Mayor Tejeda)
MOTION:
I move to approve and authorize the expenditure of funds for travel to Hino, Japan by Mayor Tejeda.
DISCUSSION:
The City of Redlands and the City of Hino, Japan began their sisterhood nearly 60 years ago at Hino city's establishment. This year marks the 60th anniversary of that relationship, and Hino's founding. During a City Council presentation on May 16, 2023, Caitlin Arakawa, of Sister Cities Hino, Japan, extended an invitation to Mayor Tejeda from Hino City Mayor Otsubo to attend their 60th anniversary celebration in Hino this coming November. Or, if unavailable, to delegate the honor to another City Council Member. Mayor Tejeda has elected to accept this invitation from our sister city.
Similarly, in 2003, Councilmember John Harrison accepted an invitation to visit Hino to celebrate their 40th year anniversary. At the time, Councilmember Harrison reported that he was a member of a group of 11 people representing the City of Redlands, including then and current Sister City Association President Roy Cencirulo. Gifts from the trip are on display in the Japanese Showcase located in the Council Chambers.
The firmly established relationship between the two cities has provided the opportunity not only for officials to travel to and experience the sister cities, but also for Hino students to visit and tour the City of Redlands. In fact, with the coordination assistance of Mr. Cencirulo, Redlands will again host Hino student visitors on July 25, 2023.
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For that reason, and in accordance with Resolution No. 7938 Section 1, Mayor Tejeda is seeking City Council authorization for the expenditure of funds for his trip of goodwill to Hino, Japan in November 2023.
SUBMITTED BY:
Mayor Eddie Tejeda
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
PREPARED BY:
Jennifer Macias, Management Analyst
Attachments
Hino, Japan Invitation
Resolution No. 7938
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RESOLUTION NO 7938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ADOPTING AN EXPENSE AND USE OF PUBLIC RESOURCES POLICY
Whereas, the City Council ( the " Council") of the City of Redlands ( the " City") takes its stewardship oN•ei the use of its limited public resources seriously, and Whereas, public i esources should only be used when there is a substantial benefit to the City Council and the City of Redlands. and
Whereas, such benefits include ( 1) the opportunity to discuss the City' s concerns with state and federal officials, ( 2) participating in i egionaI state and national organizations whose activities affect the City, ( 3) attending educational seminars designed to improve officials' skill and information levels, and (4) promoting public service and moi ale by recognizing such service, and
Whereas, ( 1) legislative and other regional, state and fedei al City business is frequently conducted over meals ( 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City' s policy concerns, and ( 3) each meal expenditure must comply with the limits and reporting requirements of local, state and federal law, and Whereas, this policy has been established to provide guidance to the Council on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured and
Whereas, this policy satisfies the requirements of Government Code sections 53232 2 and 53232 3, and
Whereas, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public i esources, and Whereas, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws and Whereas this policy also applies to any charges made to a City credit card used by Council members and advances provided to Council members of the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows
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Section 1 Authoirzed Expenses City funds, equipment, supplies ( including letteihead), titles and staff time must only be used foi authorized City business The following types of expenses generally constitute authorized expenses, piovided the othei requn ements of this policy ai e met
A Communicating with representatives of regional state and national government on City adopted policy positions,
B Attending educational seminars designed to impiove officials` skill and information Levels,
C Participating in iegional, state and national organizations whose acts' sties affect the City' s interests,
D Recognizing service to the City ( foi example, thanking a longtime official oi employee with a retirement gift or celebration of nominal value and cost), E Attending City events,
F Implementing a City- appi oved sti ategy foi atti acting oi i etaming businesses to the City of Redlands, which will typically involve at least one staff member, All othei expenditui es, including international and out- of- state travel, i equn e pi ioi appi oval by the City Council.
Examples of personal expenses that the City will not reimburse include, but are not limited to
A The personal portion of any hip
B Political oi charitable contributions or events,
C Family expenses, including partner` s expenses when accompanying the Council membei on City - related business, as well as children or pet related expenses, D Entertainment expenses, including theater, movies ( either in -room oi at the theatei), sporting events ( including gym, massage and/ oi golf i elated expenses), of othei cultui al events,
E Non - mileage personal automobile expenses, including repairs, traffic citations insurance oi gasoline, and
F Alcohol and personal bar expenses and
G Personal lossesincurred while on City business Ariy questions 1egarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incuned
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Section 2 General Standards/ Cost Control The intent of this policy is to emphasize economy and piacticality with seasonable subsistence and accommodations while on City business The policy is not intended to address every issue; exception 01 contingency that may arise in the cour se of City ti avel oi attendance at meetings Accordingly, the basic standard that should prevail is to use good judgment m the use and stewardship of City funds Any deviations from the policy should be approved by theCity Council To conserve City resources and keep expenses within community standards foi public officials, Council members should adhere to the guidelines provided within this policy
Section 3. Piocedures foi Requesting TiainingtTiavel on City Business A Mandatory Use of the TiainingiTiavel Request Form
Completion of the Tialning/ Travel Form prior to traveling on City business is required whether or not one expects to receive an advance 01 reimbuisement for business related traming%travel expenses Not only does this document serve as authonzation to travel on City business, but it also serves as a summarization of the total cost of attending conferences meetings and seminals, and provides documentation of cash advances vendor payments and credit caid purchases The completed form shouldpiovide
a The purpose of the expendituie( s),
b The benefits of such expenditure to the City,
c The anticipated amount ofthe expenditure( s) ( foi example hotel rates, meal costs, and transportation expenses), and
d The dates of the expenditure( s)
2 Approval of the training/ travel for ni.may be made by the Redlands City Manager or his/ hei designee and must be obtained prior to submittal to the Finance Division B Methods of Payment for Tiaining/ Travel Expenses
1 The City will pay all legitimate expenses of training! tiavel foi City- ielated business, including transportation, lodging, registration fees, meals, and any other expenses incurred for official City business and in accordance with these guidelines There are four methods of payment that maybeused foi trami.ng/travel- ielated expenses individually oi in combination
a Direct payments to \• endois by check may be used to pay for specific costs related to the trip, usually for registration fees, lodging, and airfare b The City does not issue individual credit caids to Council members, however payments by a City credit card may be used to prepay travel expenses, including registration fees, lodging and airfai e, or may be used to cover business expenses as they arise on the trip City credit cards shall not be used for personal expenses, 3 l 1Resolutions\ Res 7900 7999\ 7938 Expense and Use of Pubitc Resources Policy updated ( 003) docx Redlands Adjourned Meeting of 7-25-23
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even if the Council member subsequently reimburses the City e Reimbursement foi out- of- pocket expenses incurred by the Council membei is allowed and is preferred to a cash advance foi expenses whei e a specific d.ollai amount is not known m advance
d Cash advances may be paid to a Council member prior to his/ hertrip to covei expenses expected to ai Ise on the trip Cash advances should only be made for the maximum allowable meal allowance pei day, as defined herein, and any other expenses where the clonal amount is known in advance 1athei than based on estimation
Section 4 Allowable Types of Expenses
A Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and trine - efficient route In the event that a moie expensive transportation form 01route is used the cost borne by the City will be limited to the cost of the most economical, direct, efficient and reasonable transportation form unless otherwise approved by the City Council
1 kny chaige for an unused reservation shall be considered the personal responsibility of the Council member, unless failure to cancel the reservation was due to cn cuinstances beyond the Council member' s control Final determination on whethei such an expense becomes the personal responsibility of the Council membei will be made by the City Council
Automobile mileage is reimbursable at Internal Revenue Service rates presently in effect ( see WWW irs gov) These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with opeiating the vehicle This amount does not include bridge and road tolls which are also rerrxlbuisable with receipts
1 Airport parking may be used during travel on official City business and is reimbursable with receipts In accoidance with the intent and standaids set forth in this policy the most economical mode should be used ( i e long -teen parking whenevei reasonably practicable) Any other paticing required during the course of official City business is reimbursable with receipts
4 If car rental is required, a Council member may use a City credit caid or receive i eiinbursennent upon return from his/hei trip When determining the type of rental car to be used consideration should be given to the economic standards set forth in this policy and the appropriate use and stewardship of City funds 5 If local ground transportation is needed during a trip, the use of public transit such asairport shuttles buses, streetcars and subways is appropriate Use of hotel courtesy 4 I 1Resolut, ons\ Res 7900 7999\ 7938 Expense and Use of Public Resources Policy updated ( 003). docx Redlands Adjourned Meeting of 7-25-23
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buses and local shuttles is also allowed and encouraged Use of taxis are allowed when other public transit 01 common carriers are not reasonably available Reimbursement iequests may include tips incuned as part of the ground transportation costs Receipts are required If a ieceipt is unavailable, the Council membei shall submit a reimbursement request that includes a rneinoi andum to the Redlands City Manager and Finance Director indicating- the type of ground transportation used. the distance tiaveled, the amount, and the reason a receipt is not being submitted ( Note Cash advances for ground transportation will only be given ‘ vhen the cost is known and documented prior to travel If amounts are unknown, reimbursement foi out- of- pocket expenses rs appiopnate ) B Lodging Lodging costs v ill be reimbursed or paid foi \ Ahen travel on official City business reasonably requires an overnight stay If such lodging is in connection with a conference, lodging costs should not exceed the gioup rate published by the conference sponsor foi the meeting in question For overnight stays in other contexts, reasonable rates foi a given ai ea will be reimbursed Consideration will be given to the distance fi om the hotel to the training 01meeting site Any chaige for anunused reservation shall be considered the personal responsibility of the Council membei, unless failure to cancel the reservation was due to cncumstances beyond the Council member' s contiol Final determination on whethei such an expense becomes the personal responsibility of the Council membei will be made by the City Council
C Meals and Incidentals ( Pei Diem) Pei Diem ieimbursement will be issued foi meals and incidentals for travel that is fifty ( 50) miles of more from City Hall The City' s per diem rates are based on the U S General Services Administration Guidelines_ which vary by location, and are listed online at www gsa gov In addition to meals, these rates shall govein reimbursement foi incidental expenses such as service tips ( e g housekeeping or porter tips) Incidental expenses, unless specifically cited below, will not be reimbursed
The maximum reimbursable giaturties foi meals is twenty percent ( 20%) of allowable meal expenses and taxes
O
For the first and last days of. travel, seventy five percent ( 75%) of the applicable GSA daily per diem rates will apply
Ef a complimentary meal is served on the plane, included in a conference registration fee, included within a standard, single hotel room rate, 01ieplaced by a business meal. the pei diem allowance for that meal may not be claimed Receipts are not required foi pei diem allowances
D Telephone/ Fax/ Cellular City Council members will be reimbursed foi actual telephone and fax expenses rncun ed on City business Telephone bills should identify which calls were made on City business
E Other expenses not already discussed in this policy, but reasonably incurred in the course of official City business may be reimbursed with the appi oval of the Redlands City Manager or his/ her designee and/ or the City Council Appropriate documentation 5 I \ Resolutions\ Res 7900 7999\ 7938 Expense and Use of Public Resources Policy updated ( 003). docx Redlands Adjourned Meeting of 7-25-23
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should be provided with the reimbursement request Expenses for which Council members receive reimbuiseinent fiomanothei City are not reimbursable Section 5 Expense Report Content and Submission Deadline A Expense reports must document that the expense rn question met the requn ements of this policy For example. if the meeting is with a legislator, the Council membei should explain whose meals were purchased, what issues were discussed and how those relate to the City' s adopted legislative positions and priorities B Council members must submit then expense reports on an Expense Reimbursement Claim Form, whether of not they are receiving reimbursement of out- of- pocket expenses or whether they are clearing a cash advance within sixty (60) calendai days from the date the travel/ naming- was completed. accompanied by receipts documenting each expense
C The Expense Reimbursement Clain? Form should be signed by the Council member( s) whopal trcipated in the traimng/ travel, approved by the Redlands City Manager of his her designee and submitted to the Finance Department for review D Following reviewbythe Finance Department, the ExpenseReimbursem ent Claim Form will be returned to the Council membei who will then submit the form to the Ti easurei for cash reimbursement 01 to clear a cash advance
E Inability to plcA,ide such documentation in time required by this policy may result m the expense being borne by the Council membei
Section 6 Audits of Expense Reports All expenses are subject to verification of compliance with this policy
Section 7. Reports to City Council. At the following Council meeting, each Council membei shall bi lefly ieport, eithei veibally 01by written ieport on meetings attended at City expense If multiple Council members attended the meeting, anoint verbal 01 written report may be made Notice of the report shall be add to the agenda foi purposes of reminding the official to report and foi compliance with the Ralph M Brown Act Section 8 Compliance with Laws Council members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws All City expenditures ate public records subject to disclosure under the Public Records Act Section 9 Violation of this Policy Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following ( I) loss of reimbursement privileges, ( 2) a demand foi restitution to the City ( 3) the City' s reporting the expenses as income to the Council membei to state and fedei al tax authorities, ( 4) civil penalties of up to 1,000 per day and three times the value of the resources used, and ( 5) prosecution for misuse of public resources
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Section 10. Rescission of Prior Policy Resolution No 6467 of the City Council of the City of Redlands is hereby rescinded
ADOPTED, SIGNED AND APPROVED this 19th day of Novernbei, 2019 ATTEST
Donaldson, City Clerk
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I, JeanneDonaldson, 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 19th day of November, 2019, by the following vote
AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None
ABSENT None
ABSTAIN None
Donaldson, City Clerk
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City Council Meeting G. 3.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to Resolution No. 8508 establishing the process for the selection of the Mayor and Mayor Pro Tempore and their respective terms of office and repealing Resolution No. 8414 (Mayor Tejeda)
MOTION:
Should the City Council concur with Mayor Tejeda's recommendation, the following motion is provided.
I move to adopt Resolution No. 8508.
DISCUSSION:
At the request of Mayor Tejeda this item has been added to the agenda to allow City Council discussion relating to the process for the selection of the Mayor and Mayor Pro Tempore and their respective terms of office.
SUBMITTED BY:
Mayor Eddie Tejeda
Attachments
Resolution No. 8414
Resolution No. 8508
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RESOLUTION NO. 8414
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING THE PROCESS FOR THE SELECTION OF THE MAYOR
AND MAYOR PRO TEMPORE AND THEIR RESPECTIVE TERMS OF
OFFICE
WHEREAS, Section 2. 02.020 of the Redlands Municipal Code, titled " Selection of Mayor and Mayor Pro Tempore; Terms of Office," presently establishes a process whereby the City' s Mayor andMayorProTemporeareselected, individually, by theircolleaguesof theCity Council for a two- year term; and
WHEREAS, the process for the selection of Mayor and Mayor Pro Tempore has been codified in the RedlandsMunicipal Code, without substantivechangefor more than35years, since 1985 and, in uncodified ordinance form, without substantive change, since 1955; and WHEREAS, thisResolution relatingtotheselectionof theMayorandMayor ProTempore is the first substantivegovernmentalbusinessactiontakenby the City Councilduring this century when the residents of Redlands are fully representedby their respective selection of five individuals, from five council member districts; and
WHEREAS, becausethis is a historic time for Redlandsand its City Council, this City Council believesthe first actiontakenby the City Council shouldbeoneof unanimity, reflecting the Council membersacting asawhole without regardto thedistricts they were selectedfrom; and oneof vision, choosingits leadershipnot only now for the following year, but alsofor, thenext four yearsfor continuity andgoodgovernmentpurposes; and WHEREAS, the processestablishedby this Resolutionis transparent, open, andperformed in a manner which avoids randomnessor adherenceto numbers or labels, and insteadprovides certainty; and
WHEREAS, the processestablishedby this Resolutionensuresthat eachCity Council membervoting on this Resolutionwho hasnot yet hadanopportunityto serveasthe Mayor of Redlandsis given that opportunity; and
WHEREAS, the processestablishedby this Resolutionrecognizes thenaturalhierarchal ascensionof officers in governmentalandnon -governmentalorganizations, andprivatebusiness entities; andfurther takesadvantageof Council memberwisdom gainedthrough experiencein the ascension to the role of Mayor; and
WHEREAS, this City Council hasdecidedto changethe processfor the selectionof the Mayor andMayor Pro Tempore and will hold a first reading of, and introduce, OrdinanceNo. 2953 to amend section 2. 02.020 of the Redlands Municipal Code relating to such process for purposesof efficiency, andto promulgategoodgovernmentpracticesasstatedherein; 1 C\ Resolutions\ Res 8400- 8499\ 8414 Selection of Mayor Mayor Pro Tem. docx Redlands Adjourned Meeting of 7-25-23
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The Mayor and Mayor Pro Tempore shall be chosenby the City Council December of each even -numbered year upon the affirmative vote of the majority of the total membershipof the City Council. TheMayor andMayor ProTemporeserveatthepleasureof the City Council.
Section 2. At its regular meeting in December 2024, the selection of a Mayor and Mayor Pro Tempore shall be determinedby seniority basedon a Council Member' s continuous length of serviceon the City Council without having servedasMayor. The Council Member with the longest continuous service on the City Council without having servedas Mayor shall be appointed to serve as Mayor. The Council Member with the second longest continuous length of serviceon the City Council without having servedasMayor shallbe appointedto serve asMayor Pro Tempore. In the event two or more Council Members have equal seniority basedupon their continuous length of service on the City Council without having served as Mayor, the Council Member with the higher vote count in his or her most recent election is considered to have higher seniority andshallbe selectedMayor. The Council Member with the secondhighestvote count in his or her most recent election is considered tohave the secondhighest seniority and shall be selected Mayor Pro Tempore.
Section 3. At its regular meeting in December 2026, the current Mayor Pro Tempore shall automatically succeedto the position of Mayor. The Council Member with the next longest continuousserviceon theCity Council who hasnot yet servedasMayor shall be selectedasMayor Pro Tempore. Council Members having equalseniority shall be selectedin the samemanneras set forth in Section 2.
Section 4. The Mayor and Mayor Pro Tempore shall hold office from the date of their selection, until their identified successors take office or their successors are chosen. In the event a Council Memberresignsfrom theposition of Mayor or resignsfrom the City Council, theMayor ProTempore shallautomaticallysucceedto theposition of Mayor. In the eventaCouncilMember resignsfrom the position of Mayor Pro Temporeor resignsfrom the City Council, theposition of Mayor Pro Tempore shall be filled in the same manner as set forth in Section 2.
Section 5. A Council Member may decline the position of Mayor or Mayor Pro Tempore. In that event, priority shall be given to the next most senior Council Member basedon his or her lengthof serviceon theCity Councilwithout having servedasMayor.
Section 6. In the event that application of these rules would result in no Council Member being eligible to fill either the Mayor or Mayor Pro Tempore position, then the City Council may vote to appoint any one of its membersto serve.
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Section 7. This Resolution shall take effect on the effective date of City of Redlands Ordinance No. 2953.
ADOPTED, SIGNED AND APPROVED this 20th c
Eddie Tejeda, Ma
ATTEST;
naldson, City ClerkFort 0 1
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1, JeanneDonaldson, City Clerk of the City of Redlands, herebycertify that the foregoing resolutionwasduly adoptedby theCity Councilat aregularmeetingthereofheldon the20thday of December, 2022, by the following vote:
AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None
ABSENT: None
ABSTAINED: None
S " t,- I L3"
Jea Donaldson, City Clerk
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1 I:\cmo\Resolutions\8508 Selection of Mayor Mayor Pro Tem.docx-jm RESOLUTION NO. 8508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ESTABLISHING THE PROCESS FOR THE SELECTION OF THE MAYOR
AND MAYOR PRO TEMPORE AND THEIR RESPE CTIVE TERMS OF
OFFICE AND REPEALING RESOLUTION NO. 8414
WHEREAS, on December 20, 2022, the City Council discussed potential changes to the selection process by which the council selects the Mayor and Mayor Pro Tempore; and
WHEREAS on January 17, 2023, the City Council adopted Ordinance No. 2953 amending Chapter 2.02 of the Redlands Municipal Code and Resolution 8414 amending the procedure for selecting the Mayor and the Mayor Pro Tempore; and
WHEREAS, Resolution No. 8414 amended the process by which the City Council selects the next Mayor and Mayor Pro Tempore and introduced a seniority-based rotation for these positions; and
WHEREAS, it is the desire of the City Council to repeal Resolution No. 8414 and to adopt Resolution No. 8508 to restore the language and the process that existed in former Chapter
2.02 describing the Mayor and Mayor Pro Tempore Selection Process to that which existed previously; and
WHEREAS, the adoption of Resolution No. 8508 restores the process for selecting the Mayor and Mayor Pro Tempore to a nomination selection process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The City Council shall meet after each general municipal election and choose one of its members as Mayor, and one of its members as Mayor Pro Tempore. The terms of office of the Mayor and Mayor Pro Tempore shall be for (2) years, except as provided in Section 2.
Section 2. In the event of the terms of the Council member are shortened or extended, as a result of any change in the election date for City Council members, the terms of the Mayor and Mayor Pro Tempore shall be correspondingly shortened or, in the case of an extension of the Council members’ terms, the City Council shall meet and select one of its members to serve as Mayor and one of its members as Mayor Pro Tempore for the period of time the Council members’ terms are extended until the next municipal election.
Section 3. The Mayor and Mayor Pro Tempore shall hold office, at the pleasure of the City Council, from the date of their selection and until their successors are chosen.
Section 4. The City Council hereby repeals Resolution No. 8414.
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2 I:\cmo\Resolutions\8508 Selection of Mayor Mayor Pro Tem.docx-jm ADOPTED, SIGNED AND APPROVED this 25th day of July, 2023.
________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
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3 I:\cmo\Resolutions\8508 Selection of Mayor Mayor Pro Tem.docx-jm 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 25th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
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City Council Meeting H. 1.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Resolution No. 8497- Delinquent Municipal Services Account Report (Mayor to declare the meeting open as a public hearing) Public Hearing to Consider Resolution No. 8497 approving the Delinquent Municipal Services Account Report and
Submittal of the Report to the Auditor-Controller of San Bernardino County for Lien Processing (Management
Services/Finance Director Garcia)
A.
PROCEDURE FOR PUBLIC HEARING:
Mayor declares the meeting open as a public hearing.1.
Mayor calls upon Department Director for report.2.
Mayor calls for questions/comments from members of the City Council.3.
Mayor calls upon City Clerk for comments/questions/testimony received from members of the public.
4. Mayor closes the public hearing.5.
City Council considers the motion and votes.6.
MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8497.
RECOMMENDATION:
Staff recommends that the Council adopt Resolution No. 8497, a resolution of the City Council of the City of Redlands approving the Delinquent Municipal Services Account Report and subsequent submittal of this report to the Auditor-Controller of San Bernardino County for recordation of a Special Assessment on the 2023-2024 tax roll against properties resulting from Redlands Adjourned Meeting of 7-25-23
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non-payment of certain City of Redlands municipal services accounts.
DISCUSSION:
To maintain healthy and sanitary conditions, Redlands Municipal Code Section
13.64.070 states that "The fact that any property is occupied shall be prima facie evidence that solid waste is being generated and accumulated upon such property and that service charges for the collection and disposal thereof are due to the City. Every person owning or occupying any property in the City shall keep such property in a clean and sanitary condition and shall not cause or permit solid waste to collect or accumulate upon; provided, however, that this provision shall not be construed to interfere with any customer keeping building materials upon property during the construction, reconstruction, or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such property for household use." This section further states, "Every property shall subscribe to automated or non-automated solid waste services. It is unlawful for any property to keep, accumulate, or permit to be kept or accumulated, any solid waste in or upon any private place unless the same shall be in a container for such as specified in this chapter. It is unlawful for any property to fail or neglect to provide for the removal of solid waste from such property in accordance with the provisions of this chapter." The Customer Service Division's standard procedures include regular bills, reminder notices, final notices, courtesy phone calls, and special certified letters when attempting to collect payment for delinquent municipal service bills, which include solid waste and recycling services, household hazardous waste disposal services, and street cleaning services. Delinquent accounts are sent letters indicating that the City may move forward with procedures in accordance with the Redlands Municipal Code section 13.64.060 "B" which states, in part, that "In addition to any other remedies it may have for the collection of delinquent accounts, the city may cause notice of a hearing on delinquent accounts in accordance with Government Code sections 25830.1 and 38790.1. Such notice shall be mailed to property owners listed as delinquent accounts not less than ten (10) days prior to the date of the hearing. At the hearing, the City Council shall hear any objections or protests of such property owners. The City Council may make such revisions, corrections or deletions to the report of delinquent accounts as it deems just, after which, by resolution, the report shall be confirmed. The delinquent charges set forth in the delinquent account report may be placed as a lien on such properties for the amount of such delinquent charges plus legal fees and administration costs. A certified copy of the confirmed report shall be filed with the city clerk, for the current tax roll." Thirty-four (34) letters were mailed to property owners on June 29, 2023, providing them with notice that the City Council would hold a public hearing on July 18, 2023 "to consider the submittal of a report to the Auditor-Controller of San Bernardino County for recordation of a special assessment on the 2023-2024 tax roll against your property resulting from non-payment of a City of Redlands Adjourned Meeting of 7-25-23
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2023-2024 tax roll against your property resulting from non-payment of a City of Redlands municipal services account". Due to technological difficulties, the July 18, 2023 City Council Meeting was adjourned and continued to July 25, 2023.
If these delinquent accounts are not paid by August 23, 2023, they will be included on the 2023-2024 tax roll that staff will submit to the County no later than the final deadline of September 1, 2023. Staff will accept payments on delinquent accounts up until August 23rd, such that any and all accounts that are brought current as a result will be excluded from the list being sent to the County for recordation.
The cost to apply a Special Assessment to the next tax roll is $1.20 per submission, charged to the property owner. At the time the notices were prepared for mailing, 34 accounts totaling $36,594.50 were delinquent.
However, the amounts reported to the County Auditor-Controller for inclusion on the tax roll may be less if any or all of these accounts are paid by August 23, 2023. For accounts that are still active and receiving service, additional bi-monthly charges will continue to accrue and will be billed to the current accounts of record. In the event the accounts fail to pay future bills in a timely manner and additional delinquencies accrue, future special assessments may be placed on the tax roll to secure payment from the customer.
ALTERNATIVES:
The City Council could direct staff to enlist the services of a collection agency for all delinquent accounts, including owner-occupied, that would attempt to collect the delinquent revenues due the city. This option would require the city to forfeit a portion of any amounts the collection agency was successful in collecting on behalf of the city, which is approximately 30% of the total receivable. It may also have an adverse effect on the account holder's credit score.
SUBMITTED BY:
Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Tabitha Crocker, Facilities and Community Services Director PREPARED BY:
Aimee Hoover, Revenue Supervisor
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Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: Y
Appropriation Required Y/N: N
Amount: $36,594.50
Budgeted Y/N: Y
Account No.: various
Discussion:
Approval of this resolution will provide for escalated procedures in an attempt to capture $36,594.50 in lost revenue associated with municipal services rendered.
Attachments
Sample Customer Letter
Resolution No. 8497 for Delinquent Municipal Service Accounts Preliminary Delinquent Municipal Utility Accounts
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June 29, 2023
CUSTOMER NAME
CUSTOMER ADDRESS
CITY, STATE ZIP
RE: APN # 0292491050000
PREMISE ADDRESS: #### W SAN BERNARDINO AVE
DELINQUENT BALANCE AS OF THIS NOTICE: $XXX.XX
NOTICE OF PUBLIC HEARING
This notice is to inform you that on Tuesday, July 18, 2023, at 6:00 p.m. in the City of Redlands Council Chambers located at 35 Cajon St., Suite 2, Redlands, California, the Redlands City Council will hold a public hearing to consider the submittal of a report to the Auditor of San Bernardino County for recordation of a Special Assessment on the 2023-2024 tax roll against your property resulting from non-payment of a City of Redlands municipal services account.
As the property owner of record, you have the opportunity to present to the City Council comments and/or testimony regarding this matter.
To prevent this impending lien action, please remit your past due balance in full no later than Wednesday, August 23, 2023.
Please be informed that if the assessment is imposed on your property, the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of a property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
For questions regarding this matter, please contact Cindy Tryon, Utility Customer Service Supervisor, at (909) 798-7678 Ext. 1, or Aimee Hoover, Revenue Supervisor at (909) 798-7596.
Sincerely,
Danielle Garcia
Management Services/Finance Director
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1 I:\cmo\Resolutions\8497 Reso Delinquent_Municipal_Svcs_Accts_2023.doc - jm RESOLUTION NO. 8497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING THE DELINQUENT MUNICIPAL SERVICE S REPORT AND
SUBMITTAL OF THE REPORT TO THE AUDITOR OF SAN BERNARDINO
COUNTY FOR LIEN PROCESSING
WHEREAS, the City of Redlands has pr ovided service and properly billed and noticed delinquent accounts based on a preliminary report dated June 29, 2023, for solid waste and recycling collection and disposal, household hazardous waste disposal, and street cleaning services; and
WHEREAS, certain property o wners receiving such services, as shown on the last available assessment roll , have failed to take action to pay the outstanding delinquent balance owed to the City; and
WHEREAS, measures are being taken in accordance with Chapter 13.64 of the Redlands Municipal Code which states “…in the event of non -payment of any portion of the municipal services statement, any charges for service shall be deemed the responsibility of the property owner and may result in a lien against the property;” and
WHEREAS, pursuant to Chapter 13.64 of the Redlands Municipal Code, a duly noticed public hearing was held on July 25, 2023, so that the property owners could object or protest the proposed adoption of this resolution, and
WHEREAS, the City Council o f the City of Redlands, having considered the delinquent solid waste service accounts , together with any objections and protests by property owners, desires to declare the delinquent accounts as special assessments and cause such accounts to be recorded as a lien against the properties benefitting from the provision of such services.
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows:
Section 1. The City Council approves the submittal of delinquent solid waste service accounts to the auditor of San Bernardino County, who will record and enter the assessments on the property tax roll against the properties that remain delinquent as of August 24, 2023.
Section 2. The City Clerk of the City of Redlands is hereby autho rized and directed to send a certified copy of this resolution, to the auditor, or the officer holding the equivalent position of auditor, for the County of San Bernardino.
ADOPTED, SIGNED AND APPROVED this 25th day of July 2023.
Eddie Tejeda, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
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APN
Total Account
Balance
0300272230000 $ 10.77
0300355070000 $ 560.43
0300511040000 $ 186.56
0301143330000 $ 186.56
0300215240000 $ 756.54
0300131180000 $ 180.82
0300241320000 $ 551.20
0300373010000 $ 326.20
0300353090000 $ 261.04
0300481060000 $ 130.52
0300501050000 $ 83.01
0300022170000 $ 117.86
0300262050000 $ 534.24
0300215250000 $ 551.20
0300161330000 $ 195.04
0300072060000 $ 93.28
0301191120000 $ 551.20
0301141260000 $ 173.12
0301141130000 $ 261.04
0300272270000 $ 136.00
0300272040000 $ 93.28
0300215080000 $ 130.52
0300201090000 $ 93.28
0301143380000 $ 551.20
0300212010000 $ 93.28
0300131160000 $ 534.24
0294091450000 $ 160.28
0300123030000 $ 185.84
0300091080000 $ 93.28
0167681070000 $ 1,773.55
0300072150000 $ 186.56
0167511260000 $ 17,393.32
0300241340000 $ 93.28
0292032060000 $ 9,365.96
Total All Parcels
36,594.50$
Count 34
July 18, 2023 Report Preliminary
Delinquent Municipal Services Accounts
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City Council Meeting H. 2.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Resolution No. 8502- Delinquent Administrative Citation and Fine Report
(Mayor to declare meeting open as a public hearing)
Public Hearing to Consider Resolution No. 8502 approving the Delinquent Administration Citation Fine Report and
submittal to the Auditor-Controller of San Bernardino County for Lien Processing (Facilities and Community Services
Director Crocker)
A.
PROCEDURE FOR PUBLIC HEARING:
Mayor declares the meeting open as a public hearing.1.
Mayor calls upon Department Director for report.2.
Mayor calls for questions/comments from members of the City Council.3.
Mayor calls for comments/questions/testimony from members of the public (3 minutes per speaker).
4. Mayor calls upon City Clerk to note any written comments received.5.
Mayor closes the public hearing.6.
City Council considers the motion and votes.7.
MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to approve Resolution No. 8502.
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RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8502, and approve the delinquent fines report and submittal of a Notice of Lien to the San Bernardino County Auditor- Controller/Treasurer/Tax Collector for recordation as a special assessment on the 2023-2024 tax roll against the properties identified in the report resulting from non-payment of City of Redlands' administrative citation fines.
DISCUSSION:
The property owners, identified in the reports, have been found in violation of various sections of the Redlands Municipal Code (RMC). To date, 72 delinquent administrative citations have been issued to the property owners listed in the report with a total unpaid fine balance of $68,705 as of July 1, 2023. In this report, the delinquent 72 administrative citations are related to Chapter 5.04 business license required, Chapter 2.24, 8.04, 8.08, 8.10, 8.20, 8.72, 9.16,
9.32, property maintenance, weeds, trash, graffiti, permits needed, noise disturbance, inoperative vehicles, vacant registration, prohibited RV/boat parking, emergency response, unlawful possession, defecating in public, unsightly appearance, fire hazard, public nuisance, Chapters 12.12, 12.32,
12.46, 13.52, 13.54, 15.04, 15.36, 18.164, 18.168, 18.188, 18.20, HS17920.3 - permits not obtained, mechanical/ electrical/building code violations, property alteration of buildings, no landscaping or maintenance of parkway, unsecured property, illegal grading/no permit, maintenance, lack of paint, dumping/burying, prohibited acts/open space, no address posted, premature demo, CUP needed, prohibited signs, buildings not for human habitation, and items in the parkway.
Section 1.22.140 (B) of the RMC states that the fines levied by administrative citations are deemed a special assessment against each lot or parcel of land upon which the violation existed, and as thus made and confirmed, shall also become the personal obligation of each lot or parcel of land. Prior to recording a lien against a property, a report must be prepared by the City Manager in accordance with Section 1.22.140 (B), detailing the fines and additional information on the property and violation. A comprehensive report of the fines and corresponding information has been prepared by staff in accordance with the Redlands Municipal Code and is attached for the City Council's reference.
Recording a lien for non-payment does not relieve the property owner from correcting the violation.
The property owners were mailed a notice of the City Council's consideration of this report on July 5, 2023, which specifies that objections may be presented at the hearing or filed in writing five days in advance of the hearing. The City Council must consider the report, together with any objections or protests which may be raised by any person. The City Council may make corrections, revisions Redlands Adjourned Meeting of 7-25-23
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or modifications to the report as it may deem appropriate. If the City Council approves the Resolution confirming the special assessments, the City Clerk will be directed to file a Notice of Lien with the County Auditor-Controller/Treasurer/ Tax Collector. The cost to submit the special assessments for the next tax roll is $1.20 per parcel, charged to the property owner. The current total amount of delinquencies for these citations is $68,705. In the event the violations are not corrected, and additional citations accrue, future special assessments may be placed on the tax roll to secure payment from the property owner. The public hearing originally scheduled for July 18, 2023 was adjourned due to technological difficulties and continued to July 25, 2023.
ALTERNATIVES:
The City Council may make corrections, revise or modify the report as it may deem appropriate.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: Yes
Amount: 68705
Account No.: 101300
Discussion:
To date, 72 administrative citations have been issued to the property owners listed in the report with a total unpaid fine balance of $68,705 as of July 1, 2023. The cost of adding each special assessment to the tax roll is considered nominal at a cost of $1.20 per parcel, charged to the property owner.
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Attachments
A. Resolution No. 8502 - Delinquent Administrative Citations 2023 B. Sample Lien Notice Letter
C. Administrative Citation Spreadsheet
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1 I:\cmo\Resolutions\8502_Delinquent_Administrative_Citations_2023.docx - jm RESOLUTION NO. 8502
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING A DELINQUENT ADMINISTRATIVE CITATION FINE REPORT
AND SUBMITTAL OF A NOTICE OF LIEN TO THE SAN BERNARDINO
COUNTY AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR FOR
PROCESSING
WHEREAS, the City of Redlands has issued administrative citations to the owners of various properties located within the City; and
WHEREAS, the property owners who received the a dministrative citations are identified in the City Manager’s report and have failed to pay the delinquent fines for such citations; and
WHEREAS, Section 1.22.140 of the Redlands Municipal Code provides that “…fines levied by administrative citation, or by administrative hearing order, constitute a special assessment against each lot or parcel of land upon which the violation existed, and as thus made and confirmed shall also become the personal obligation of each lot or parcel of land;” and
WHEREAS, pursuant to Section 1.22.140 of the Red lands Municipal Code, on July 25, 2023, a duly noticed public hearing was held at which the property owners were provided the opportunity to object or protest the proposed adoption of this resolution; and
WHEREAS, the City Council of the City of Redlands, having considered the City Manager’s report regarding delinquent administrative citations, together with any objections and protests by the property owners of various locations, desires to declare the delinquent fines as special assessments and cause such fines to be recorded as a lien against the properties identified in the report;
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows:
Section 1. The City Council approves the delinquent administrative citation fines report submitted by the City Manager and confirms such delinquent fines to be entered as special assessments on the property tax roll against the properties identified in the report.
Section 2. The City Clerk of the City of Redlands, and the City’s Finance Director, are hereby authorized and directed to send a certified copy of this resolution and a Notice of Lien for the delinquent fines (as special assessments), and all other appropriate documentation to place the fines in the tax roll to the San Bernardino County Auditor-Controller/Treasurer/Tax Collector for the County of San Bernardino.
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2 I:\cmo\Resolutions\8502_Delinquent_Administrative_Citations_2023.docx - jm
ADOPTED, SIGNED AND APPROVED this 25th day of July, 2023.
Eddie Tejeda, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
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3 I:\cmo\Resolutions\8502_Delinquent_Administrative_Citations_2023.docx - jm 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 25th day of July, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jeanne Donaldson, City Clerk
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JULY 5, 2023
Recipient Address
RE: APN XXXXXXXXXX
PREMISE ADDRESS:
DELINQUENT BALANCE AS OF THIS NOTICE: $
NOTICE OF PUBLIC HEARING
This notice is to inform you that on Tuesday, July 18, 202 3 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City of Redlands Council Chambers located at 35 Cajon St., Suite 2, Redlands, California, the Redlands City Council will hold a public hearing to consider the submittal of a report to the Auditor of San Bernardino County for recordation of a Special Assessment on the 202 3-2024 tax roll against your property resulting from non-payment of a City of Redlands Administrative Citation.
Pursuant to Section 1.22.130 of the Redlands Municipal Code, you have the opportunity to present objections to the City Council regarding this matter. Alternatively, you may submit your objections in writing at least five (5) days in advance of the hearing, or by Thursday, July 14, 2022.
To prevent this impending lien action, please remit your past due balance in full no later than 5:00 p.m. on Monday, August 21, 2023.
Please be informed that if the assessment is imposed on your property, that the propert y may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector’s power of sale shall not be affected by the failure of a property owner to receive notice. The assessment may be collected at the same time and in th e same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
For questions regarding this matter, please contact Glenn Vargas, Senior Code Enforcement Officer at (909) 798-7655.
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CITY OF REDLANDS
ADMINISTRATIVE CITATIONS
FY: 2023-24
MISCELLANEOUS
Updated as of : 6/30/2023
APN NUMBERN/S/E/W STREET ZIP FIRST LAST NUMBER N/S/E/W STREET CITY STATE ZIP
CITATION
DATE DUE DATE CITATION# CASE#
CURRENT FINE
AMOUNT
DELINQUENT
FINE AMOUNT
25% LATE
PAYMENT
CHARGE
INTEREST
(10% PER
MONTH) TOTAL DUE
0172191280000 1004 W Fern Ave 92373 Nicholas Wallingford 1004 W Fern Ave Redlands CA 92373 07/14/22 08/03/22 22-0204-1 22-0204 200.00$ 50.00$ 200.00$ 450.00$ 0175144180000 1240 W Sunset Dr 92373 Cathey, Forrest F Trust - EST OF P.O. Box 115 Alachua FL 32616 07/14/22 08/03/22 21-0178-2 21-0178 600.00$ 150.00$ 600.00$ 1,350.00$ 0172493020000 730 Silverwood Pl 92373 Daniel Duarte 730 Silverwood Pl Redlands CA 92373 07/19/22 08/08/22 22-0142-1 22-0142 100.00$ 25.00$ 100.00$ 225.00$ 0169061110000 1009 Washington St 92374 Wells, Jon M & Patricia S REV LIV TR 6918 SW 248th St Vashon WA 98070 07/20/22 08/09/22 21-0747-1 21-0747 100.00$ 25.00$ 100.00$ 225.00$ 0169051110000 1005 Ohio St 92374 SWH Borrower PS 8665 E Hartford Dr STE 200 Scottsdale AZ 85255 07/21/22 08/10/22 21-0755-1 21-0755 100.00$ 25.00$ 100.00$ 225.00$ 0167081120000 1812 Kingsbury Dr 92374 Richard Medina Sr. 1812 Kingsbury Dr Redlands CA 92374 08/02/22 08/22/22 22-0181-1 22-0181 200.00$ 50.00$ 200.00$ 450.00$ 0169332060000 886 Carlotta Ct 92374 Nola Brown 886 Carlotta Ct Redlands CA 92374 08/02/22 08/22/22 21-0364-1 21-0364 300.00$ 75.00$ 300.00$ 675.00$ 0167161100000 1502 Orange St 92374 Moresun Development, C/O Joyce Chen 8808 Mission Dr #208 Rosemead CA 91770 08/08/22 08/28/22 22-0386-1 22-0386 200.00$ 50.00$ 200.00$ 450.00$ 0167221100000 Moresun Development 8808 Mission Dr #208 Rosemead CA 91770 08/12/22 09/01/22 22-0414-1 22-0414 100.00$ 25.00$ 90.00$ 215.00$ 0173342110000 1005 Coronado Dr 92374 Lionel Huggins 1005 Coronado Dr Redlands CA 92374 08/22/22 09/11/22 21-0562-2 21-0562 400.00$ 100.00$ 360.00$ 860.00$ 0292481930000 Geetha Paladugu 255 Terracina Blvd STE 204 Redlands CA 92373 08/22/22 09/11/22 22-0451-1 22-0451 200.00$ 50.00$ 180.00$ 430.00$ 0171353160000 350 Alvarado St 92373 Martin Nielsen 350 Alvarado St Redlands CA 92373 08/23/22 09/12/22 21-0757-1 21-0757 100.00$ 25.00$ 90.00$ 215.00$ 0169084070000 310 E Brockton Ave 92374 Martin Munoz 310 E Brockton Ave Redlands CA 92374 08/24/22 09/08/22 V22-000081 A22-013031 300.00$ 75.00$ 270.00$ 645.00$ 0176074040000 1645 Halsey St 92373 Eugene Stecz 1225 Ocean Front Languna Beach CA 92651 08/29/22 09/18/22 21-0209-4 21-0209 1,000.00$ 250.00$ 900.00$ 2,150.00$ 0175144180000 1240 W Sunset Dr 92373 Cathey, Forrest F Trust - EST OF P.O. Box 115 Alachua FL 32616 09/13/22 10/03/22 21-0178-3 21-0178 1,200.00$ 300.00$ 960.00$ 2,460.00$ 0169181540000 203 E High Ave 92374 Vincent Elefante 1308 Loma Sola Ave Upland CA 91786 10/24/22 11/13/22 22-0115-1 22-0115 300.00$ 75.00$ 210.00$ 585.00$ 0169181120000 211 E High Ave 92374 Vincent Elefante 1308 Loma Sola Ave Upland CA 91786 10/24/22 11/13/22 19-0806-1 19-0806 300.00$ 75.00$ 210.00$ 585.00$ 0169051060000 317 W Brockton Ave 92374 Sylvia Lopez 317 W Brockton Ave Redlands CA 92374 10/19/22 11/08/22 22-0093-1 22-0093 200.00$ 50.00$ 140.00$ 390.00$ 0176352010000 667 La Mirada Dr 92373 Andrew & Candace G. Casillas Family Rev Trust 4/2, Stang 667 La Mirada Dr Redlands CA 92373 10/19/22 11/08/22 22-0019-1 22-0019 100.00$ 25.00$ 70.00$ 195.00$ 0294181030000 2005 Horse Trail Dr 92373 Kathleen Salvesen 2005 Horse Trail Dr Redlands CA 92373 11/03/22 11/23/22 22-0187-1 22-0187 100.00$ 25.00$ 70.00$ 195.00$ 0176352010000 667 La Mirada Dr 92373 Andrew & Candace G. Casillas Family Rev Trust 4/2, Stang 667 La Mirada Dr Redlands CA 92373 11/04/22 11/24/22 22-0019-2 22-0019 200.00$ 50.00$ 140.00$ 390.00$ 0173342110000 1005 Coronado Dr 92374 Lionel Huggins 1005 Coronado Dr Redlands CA 92374 11/21/222 12/11/22 21-0562-3 21-0562 1,000.00$ 250.00$ 600.00$ 1,850.00$ 0176451200000 641 E Sunset Dr N 92373 Glider, Mae H Trust 4-21-03- EST OF 7361 Siena Dr Huntington Beach CA 92210 11/21/22 12/11/22 22-0368-1 22-0368 200.00$ 50.00$ 120.00$ 370.00$ 0167363400000 300 Doyle Ave 92374 Josefino Closas 300 Doyle Ave Redlands CA 92374 11/29/22 12/19/22 21-0450-1 21-0450 100.00$ 25.00$ 60.00$ 185.00$ 0167761060000 1560 Ohio St 92374 Guadalupe Sosa 1560 Ohio St Redlands CA 92374 11/29/22 12/19/22 21-0415-2 21-0415 200.00$ 50.00$ 120.00$ 370.00$ 0169301230000 336 Orange St 92374 Gary Romano 5225 Canyon Crest Dr, Unit 20 Riverside CA 92507 11/30/22 12/20/22 21-0482-1 21-0482 3,000.00$ 750.00$ 1,800.00$ 5,550.00$ 0170051080000 1314 E Brockton Ave 92374 Christina Villa 1314 E Brockton Ave Redlands CA 92374 12/02/22 12/22/22 21-0457-2 21-0457 200.00$ 50.00$ 120.00$ 370.00$ 0169301230000 336 Orange St 92374 Gary Romano 5225 Canyon Crest Dr, Unit 20 Riverside CA 92507 12/16/22 01/05/23 21-0482-2 21-0482 3,000.00$ 750.00$ 1,500.00$ 5,250.00$ 0168621520000 1601 E Colton Ave 92374 DBA Invitation Homes 465 N Halstead St, Suite 150 Pasadena CA 91107 12/19/22 01/08/23 22-0630-1 22-0630 100.00$ 25.00$ 50.00$ 175.00$ 0167871280000 1924 Crystal Cove Ct 92374 Ernest Ponce 1924 Crystal Cove Ct Redlands CA 92373 01/05/23 01/25/23 21-0255-1 21-0255 100.00$ 25.00$ 50.00$ 175.00$ 0300071160000 30948 E Sunset Drive S 92373 Miles Trust 4/21/08 30948 E Sunset Drive S Redlands CA 92373 01/09/23 01/29/23 21-0041-4 21-0041 3,000.00$ 750.00$ 1,200.00$ 4,950.00$ 0169301230000 336 Orange St 92374 Gary Romano 5225 Canyon Crest Dr, Unit 20 Riverside CA 92507 01/09/23 01/29/23 21-0482-3 21-0482 3,000.00$ 750.00$ 1,200.00$ 4,950.00$ 0167113050000 1720 Clay St 92374 Alice Nickerson 1720 Clay St Redlands CA 92374 02/01/23 02/21/23 21-0317-1 21-0317 100.00$ 25.00$ 40.00$ 165.00$ 0176171230000 111 Sierra Vista Dr 92373 Jeremy and Kristy Lee 111 Sierra Vista Dr Redlands CA 92373 02/16/23 03/08/23 23-0004-1 23-0004 200.00$ 50.00$ 60.00$ 310.00$ 0170132260000 838 E High Ave 92374 Ricardo Gutierrez 1320 Campus Ave Redlands CA 92374 02/22/23 03/14/23 22-0355-1 22-0355 300.00$ 75.00$ 90.00$ 465.00$ 0168621520000 1601 E Colton Ave 92374 DBA Invitation Homes 465 N Halstead St, Suite 150 Pasadena CA 91107 02/28/23 03/20/23 22-0630-2 22-0630 200.00$ 50.00$ 60.00$ 310.00$ 0169051060000 317 W Brockton Ave 92374 Sylvia Lopez 317 W Brockton Ave Redlands CA 92374 03/06/23 03/26/23 22-0093-2 22-0093 400.00$ 100.00$ 120.00$ 620.00$ 0174034140000 261 E Crescent Ave 92373 Michael Puric 261 E Crescent Ave Redlands CA 92373 03/07/23 03/27/23 21-0380-1 21-0380 100.00$ 25.00$ 30.00$ 155.00$ 0169271200000 535 W Stuart Ave 92374 Wenzel, Leopold Eduardo/ Maria JT LIV 242 N Wheeler St Orange CA 92869 03/07/23 03/27/23 23-0078-1 23-0078 500.00$ 125.00$ 150.00$ 775.00$ 0167281050000 1132 Texas St 92374 Juan Curiel 1132 Texas St Redlands CA 92374 03/09/23 03/29/23 22-0263-1 22-0263 100.00$ 25.00$ 30.00$ 155.00$ 0175351200000 1309 Pacific St 92373 Franklin Peele 1309 Pacific St Redlands CA 92373 03/09/23 03/29/23 22-0340-1 22-0340 100.00$ 25.00$ 30.00$ 155.00$ 0176032030000 507 E Sunset Dr N 92373 Dawood, Ronnie Living Trust 9/28/17 616 E Sunset Drive N Redlands CA 92373 03/13/23 04/02/23 22-0372-1 22-0372 100.00$ 25.00$ 20.00$ 145.00$ 1212011130000 842 Sinclair Ct 92374 Randy Chao 842 Sinclair Ct Redlands CA 92374 03/14/23 04/03/23 22-0439-1 22-0439 100.00$ 25.00$ 20.00$ 145.00$ 0169111170000 1003 W Colton Ave 92374 Bakul Patel 1371 W Redlands Blvd Redlands CA 92373 03/23/23 04/12/23 23-0180-1 23-0180 100.00$ 25.00$ 20.00$ 145.00$ 0170131110000 804 E High Ave 92374 Emily Sigue 804 E High Ave Redlands CA 92374 03/24/23 04/13/23 21-0354-1 21-0354 200.00$ 50.00$ 40.00$ 290.00$ 0171191290000 15 N Center St 92373 Adurs Investments LLC 15 N Center St Redlands CA 92373 03/23/23 04/12/23 23-0073-1 23-0073 200.00$ 50.00$ 40.00$ 290.00$ 1212011170000 833 Sinclair Ct 92374 Joseph Sheridan 833 Sinclair Ct Redlands CA 92374 03/24/23 04/13/23 22-0438-1 22-0438 100.00$ 25.00$ 20.00$ 145.00$ 0169271200000 535 W Stuart Ave 92374 Wenzel, Leopold Eduardo/ Maria JT LIV 242 N Wheeler St Orange CA 92869 03/25/23 04/14/23 23-0078-3 23-0078 2,500.00$ 625.00$ 500.00$ 3,625.00$ 0169271200000 535 W Stuart Ave 92374 Wenzel, Leopold Eduardo/ Maria JT LIV 242 N Wheeler St Orange CA 92869 03/16/23 04/05/23 23-0078-2 23-0078 1,000.00$ 250.00$ 200.00$ 1,450.00$ 0169271200000 535 W Stuart Ave 92374 Wenzel, Leopold Eduardo/ Maria JT LIV 242 N Wheeler St Orange CA 92869 04/05/23 04/25/23 23-0078-4 23-0078 5,000.00$ 1,250.00$ 1,000.00$ 7,250.00$ 0168621520000 1601 E Colton Ave 92374 DBA Invitation Homes 465 N Halstead St, Suite 150 Pasadena CA 91107 04/12/23 05/02/23 22-0630-3 22-0630 $500 125.00$ 50.00$ 675.00$ 0169321350000 204 11th St 92374 Moore, Robert & Slobojan, Laura TR 8 13230 Broken Bit Cir Corona CA 92883 04/17/23 05/07/23 22-0143-1 22-0143 200.00$ 50.00$ 20.00$ 270.00$ 0176032030000 507 E Sunset Dr N 92373 Dawood, Ronnie Living Trust 9/28/17 616 E Sunset Dr N Redlands CA 92373 04/18/23 05/08/23 22-0372-2 22-0372 300.00$ 75.00$ 30.00$ 405.00$ 0176171230000 111 Sierra Vista Dr 92373 Jeremy and Kristy Lee 111 Sierra Vista Dr Redlands CA 92373 04/18/23 05/08/23 23-0004-3 23-0004 $1,000 250.00$ 100.00$ 1,350.00$ 0169332060000 886 Carlotta Ct 92374 Nola Brown 886 Carlotta Ct Redlands CA 92374 04/19/23 05/09/23 21-0364-2 21-0364 $600 150.00$ 60.00$ 810.00$ 0171089020000 616 E State St 92374 Southeastern Calif Conference 7th DA P.O. Box 79990 Riverside CA 92515 05/01/23 05/21/23 22-0592-1 22-0592 300.00$ 75.00$ 30.00$ 405.00$ 0169371020000 1580 W Redlands Blvd 92374 G&M GAPCO LLC 16868 A St Huntington Beach CA 92647 05/03/23 05/23/23 23-0151-1 23-0151 200.00$ 50.00$ 20.00$ 270.00$ 0176421020000 Duramany Koromah P.O. Box 8275 Redlands CA 92373 05/04/23 05/24/23 23-0221-1 23-0221 200.00$ 50.00$ 20.00$ 270.00$ 1212011170000 833 Sinclair Ct 92374 Joseph Sheridan 833 Sinclair Ct Redlands CA 92374 05/05/23 05/25/23 22-0438-2 22-0438 200.00$ 50.00$ 20.00$ 270.00$
VIOLATION ADDRESS NAME ADDRESS
1 of 2
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APN NUMBERN/S/E/W STREET ZIP FIRST LAST NUMBER N/S/E/W STREET CITY STATE ZIP
CITATION
DATE DUE DATE CITATION# CASE#
CURRENT FINE
AMOUNT
DELINQUENT
FINE AMOUNT
25% LATE
PAYMENT
CHARGE
INTEREST
(10% PER
MONTH) TOTAL DUE
VIOLATION ADDRESS NAME ADDRESS
0168041600000 Nathan Lewis P.O. Box 3088 Crestline CA 92325 04/06/23 04/26/23 23-0248-1 23-0248 300.00$ 75.00$ 60.00$ 435.00$ 0176171230000 111 Sierra Vista Dr 92373 Jeremy and Kristy Lee 111 Sierra Vista Dr Redlands CA 92373 05/07/23 05/27/23 23-0004-4 23-0004 2,000.00$ 500.00$ 200.00$ 2,700.00$ 0292032490000 2407 W Lugonia Ave 92374 Sure Shot Transit Solutions, LLC C/O Agent for Service Sherelle Johnson1249 Diamond Bar Blvd, Ste 117 Diamond Bar CA 91765 05/05/23 05/25/23 22-0620-1B 22-0620 300.00$ 75.00$ 30.00$ 405.00$ 0176171230000 111 Sierra Vista Dr 92373 Jeremy and Kristy Lee 111 Sierra Vista Dr Redlands CA 92373 03/16/23 04/05/23 23-0004-2 23-0004 600.00$ 150.00$ 120.00$ 870.00$ 0167113050000 1720 Clay St 92374 Alice Nickerson 1720 Clay St Redlands CA 92374 04/06/23 04/26/23 21-0317-2 21-0317 300.00$ 75.00$ 60.00$ 435.00$ 0292044080000 2151 N Nevada St 92374 Brian Hale 9055 Live Oak Ave Fontana CA 92335 01/23/23 02/12/23 23-0017-1 23-0017 200.00$ 50.00$ 80.00$ 330.00$ 0168621520000 1601 E Colton Ave 92374 DBA Homes 465 N. Halstead St, Suite 150 Pasadena CA 91107 05/23/23 06/12/23 22-0630-4 22-0630 1,000.00$ 250.00$ -$ 1,250.00$ 0292063520000 1680 W Redlands Blvd 92374 LAACO 431 W Seventh St Los Angeles CA 90014 05/23/23 06/12/23 23-0266-1 23-0266 200.00$ 50.00$ -$ 250.00$ 0176421020000 Duramany Koromah P.O. Box 8275 Redlands CA 92373 05/23/23 06/12/23 23-0221-2 23-0221 400.00$ 100.00$ -$ 500.00$ 1212362050000 938 E Lugonia Ave 92374 Donna Lurie 938 E Lugonia Ave Redlands CA 92374 05/23/23 06/11/23 23-0284-1 23-0284 200.00$ 50.00$ -$ 250.00$ 0167171130000 1200 W Lugonia Ave 92374 Sears, Hal M Revoc TR (6-18-93) 1131 Emerald Bay Laguna Beach CA 92651 06/01/23 06/21/23 23-0130-1 23-0130 $200 50.00$ -$ 250.00$ 0176421020000 Duramany Koromah P.O. Box 8275 Redlands CA 92373 06/08/23 06/28/23 23-0221-3 23-0221 $1,000 250.00$ -$ 1,250.00$ 1212362050000 938 E Lugonia Ave 92374 Donna Lurie 938 E Lugonia Ave Redlands CA 92374 06/08/23 06/28/23 23-0284-2 23-0284 $400 $400 100.00$ -$ 900.00$ 2 of 2
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City Council Meeting I. 1.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8503 to approve a Density Bonus Agreement for a 108-unit, market-rate, multi-family project that is deed restricted for senior housing (55+) located between Grove Street and Judson Street, south of the Orange Blossom Trail (APNs: 0170-221-53-0000 and 0170-221-55-0000) and determine that approval of this resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality
Act (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motion has been provided:
I move that the City Council adopt Resolution No. 8503.
RECOMMENDATION:
On June 13, 2023, the Planning Commission voted unanimously to adopt a resolution approving Commission Review and Approval No. 964 for the proposed project. The June 13, 2023, Planning Commission staff report is included as Attachment A. Resolution No. 1621 is included as Attachment B.
Staff recommends that the City Council adopt Resolution No. 8503 the Density Bonus Agreement for Commission Review and Approval No. 964, which will allow up to a 15% increase in the total project density (108 units maximum) and determine that adoption of Resolution No. 8503 is exempt from environmental review pursuant to Sections 15061(b)(3) of the California Environmental Quality Act Guidelines.
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DISCUSSION:
A.) BACKGROUND:
The applicant proposes to construct a 108-unit market-rate multi-family residential project that is deed restricted for senior housing (55+) on a 3.49 acre site located south of the Orange Blossom Trail between N. Grove Street and Judson Street (Attachment C - Location Map and Aerial Photo). The proposal includes a request for a density bonus consistent with State law to allow up to a 15% increase in the total project density. The project site is comprised of two contiguous parcels totaling 3.49 acres that will be merged prior to construction.
Four residential buildings are proposed that are two stories tall. Three of the buildings will include 28 units each and the fourth building will include 26 units. A mixture of one- and two-bedroom units are proposed (32 two-bedroom one bath units and 76 one-bedroom one bath units) which range from 615 to 821 square feet in size. A single-story community building and other amenities including a pool, fitness room, and outdoor open space area are also included in the proposal. The project will be gated with the main entrance on N. Grove Street and a secondary entrance is on Judson Street. Project plans and elevations are included as Attachment D-1 and Attachment D-2.
The project entitlements were approved by the Planning Commission on June 13, 2023. As a part of the project approvals, a Density Bonus Agreement is required to be approved by the City Council.
B.) DENSITY BONUS AGREEMENT:
The applicant is requesting a density bonus in accordance with State law.
Pursuant to State law, as well as Section 18.228.030(A) of the Redlands Municipal Code, a density bonus granted to a residential development project shall consist of an increase over the maximum residential density allowable under City's General Plan designation as of the date of application. In this case, the applicable General Plan designation for the project is High Density Residential. This land use designation allows up to 27 units per acre. Projects that are deed restricted to only allow tenants that are senior citizens, are eligible for a density bonus of up to 20% by both State law and the Municipal Code.
The applicant is requesting an increase in density of approximately 15%. As such, the density bonus would be consistent with the provisions of the Municipal Code and State law. As shown in Table A, the applicant is proposing fewer units than allowed based on the General Plan density and the allowable density bonus.
Table A. Proposed Project Density
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Table A. Proposed Project Density
Site
Acreage
General
Plan
Density
Base Units
Allowable
Density
Bonus
Units
Allowable
Proposed
Units
3.49 27 units
per acre 94 112 108
The applicant has signed the Density Bonus Agreement, which is included as Attachment E. This agreement requires the project to only be made available to senior citizens who are 55 years of age or older for a minimum period of 55 years and includes verification and reporting requirements. The Density Bonus Agreement is required to be approved by the City Council prior to issuance of building permits for the project. The applicant anticipates submitting building permits before the end of 2023 and beginning construction near the beginning of the second quarter of 2024.
ALTERNATIVES:
1. The City Council can continue the item and request more information on any specific concerns.
2. The City Council can deny the resolution.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Sean Reilly, Principal Planner
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Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: No
Appropriation Required Y/N: No
Amount: N/A
Budgeted Y/N: N/A
Account No.: N/A
Discussion:
The developer paid $11,895.00 in application fees for the processing of development applications related to the proposed senior housing associated with this density bonus agreement. The developer will pay all applicable Development Impact Fees (DIF) in conjunction with the construction of the proposed senior housing project.
Attachments
Attachment A: June 13, 2023 Planning Commission Staff Report Attachment B: Resolution No. 1621
Attachment C: Location Map and Aerial Photograph
Attachment D-1: Project Plans
Attachment D-2: Project Elevations
Attachment E: Density Bonus Agreement
Attachment F. Resolution No. 8503 Density Bonus Agreement Redlands Adjourned Meeting of 7-25-23
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City of Redlands
REQUEST FOR PLANNING COMMISSION ACTION
Planning Commission Agenda Item NO. 5. B.
Meeting Date: 06/13/2023
APPLICANT:
INVISION COMMUNITY BUILDERS, LLC, APPLICANT
(PROJECT PLANNER: SEAN REILLY, PRINCIPAL PLANNER)
PUBLIC HEARING to consider the following:
1. Consideration of a Socio-Economic Cost/Benefit Study prepared for the proposed project in accordance with Measure U.
2. Commission Review and Approval No. 964 - A proposal to construct a 108-unit market-rate multi-family rental complex that is deed restricted for senior housing (55+), and a request for a density bonus in accordance with State Density Bonus Law to allow up to a 15% increase in the total project density on a 3.49-acre site. The project is located between Grove Street and Judson Street, south of the Orange Blossom Trail (APNs: 0170-221-53-0000 and 0170-221-55-0000). The proposal qualifies for an exemption from environmental review in accordance with Section 15332 (Infill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines.
3. Lot Line Adjustment No. 674 – A request to merge two parcels into one single 3.49-acre parcel for the construction of a 108-unit multi-family apartment complex. The project is located on the east side of Grove Street and on the west side of Judson Street, south of Orange Blossom Trail (APNs:
0170-221-53-0000 and 0170-221-55-0000). The proposal qualifies for an exemption from environmental review in accordance with Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines.
SYNOPSIS
1. General Plan
Designation: The General Plan land use designation is Transit Village.
2. Existing Zoning: The project site is located within the Village General and Civic Space Districts of the Transit Villages Specific Plan (TVSP-VG and TVSP-CS).
3. Surrounding
Zoning:
North: Civic Space District of the Transit Villages Specific Plan (TVSP-CS) South: Village General District of the Transit Village Specific Plan (TVSP-VG) East: Single Family Residential (R-1) District
West: Village General District of the Transit Village Specific Plan (TVSP-VG)
4. Existing Land Use: The project site is currently vacant and unimproved.
5. Surrounding Land
Use:
North: Orange Blossom Trail
South: Single-Family Residential
East: Single-Family Residential
West: Multiple-Family Residential
6. Area / Topography: The site consists of two parcels totaling 3.49 acres and with generally flat terrain.
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7. Environmental
Determination:
The proposal qualifies for an exemption from environmental review in accordance with Section 15332 (Infill Development Projects) and Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines.
8. Socio-Economic
Cost / Benefit Study:
A Socio-Economic Cost/Benefit Study was prepared for the project and the project has a positive cost/revenue ratio of +1.42 and determined that the project would not create significant unmitigable physical blight or overburden public services in the community.
9. Planning
Commission
Submittal Dates:
(A) Date Submitted:
(B) Date Accepted As Complete:
(C) Planning Commission Meeting:
May 5, 2022
September 8, 2022
June 13, 2023
PROPOSAL
The applicant proposes to construct a 108-unit market-rate multi-family residential project that is deed restricted for senior housing (55+). The proposal includes a request for a density bonus consistent with State law to allow up to a 15% increase in the total project density. The project site is comprised of two contiguous parcels totaling 3.49 acres that will be merged prior to construction. Four residential buildings are proposed that are two stories tall. Three of the buildings will include 28 units each and the fourth building will include 26 units. A mixture of one- and two-bedroom units are proposed (32 two-bedroom one bath units and 76 one-bedroom one bath units) which range from 615 to 821 square feet in size. A single-story community building and other amenities including a pool, fitness room, and outdoor open space area are also included in the proposal. The project will be gated with the main entrance on N.
Grove Street and a secondary entrance is on Judson Street (Attachment A – Location Map and Aerial Photo).
BACKGROUND
Senate Bill 330 (Housing Crisis Act of 2019) became effective on January 1, 2020. Senate Bill 330 is intended to remove barriers for housing developments to alleviate the continued housing shortage crisis in California. It made many changes to the entitlement process for housing developments, including prohibiting jurisdictions from making decisions on housing projects based on subjective standards (not objective standards). It also “locks in” the development regulations that were adopted and in effect when the development application was deemed complete. Additionally, if there is an inconsistency between a site’s zoning and General Plan designation, a project must be allowed to develop at the allowable density of the General Plan even if that density is higher than what is allowed by the zoning.
The proposed project was submitted in May 2022 and deemed complete in September 2022. At that time, the project site’s zoning was Multiple Family Residential (R-2) which allows up to 15 units per acre, and the General Plan designation was High Density Residential which allows up to 27 units per acre.
Based upon the development standards of the R-2 District, the project would not have been able to achieve the maximum allowable density based upon the site’s General Plan Designation. However, State law requires that the land use designation with the highest density potential (in this case, the High Density Residential land use designation) to be applied to the project.
Senate Bill 330 requires the City to allow the applicant to utilize those development standards that would allow development of the site consistent with the allowable General Plan density. In this case, the Multiple-Family Residential (R-3) development standards are applicable to achieve the High Density Residential density without the need for a Zone Change.
The Transit Villages Specific Plan (TVSP) was adopted in October 2022 and became effective in December 2022. With the approval of the TVSP, a General Plan Amendment to the “Transit Village” designation was also approved by the City Council. The site’s General Plan designation and zoning were Redlands Adjourned Meeting of 7-25-23
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changed by these approvals. Based upon the date that the project application was deemed complete (September 2022), and the provisions in Senate Bill 330 which lock in or vest applications that have been deemed complete, the project is not subject to the requirements of the TVSP. The project can be developed in a manner consistent with the High Density Residential General Plan designation and the Multiple Family Residential (R-3) development standards to achieve the density allowed by the General Plan.
ANALYSIS
A) General Plan
The applicable land use designation for the project is High Density Residential. Pursuant to the General Plan, the High Density Residential allows 0-27 units per acre, plus State-mandated density bonuses where applicable. A density bonus as allowed by State law means a density increase over the otherwise maximum allowable gross residential density as of the date of application to the City.
The intent of the High-Density Residential land use category is to provide for the development of attached, detached, and/or mixed residential uses with a range of densities and housing types. The project proposes high density attached residential which is consistent with the intent of this land use designation.
In addition, there are several General Plan policies and Actions that are relevant to this proposal. These are as follow:
4-P.16: Promote a variety of housing types to serve the diverse needs of the community.
4-P.6: Provide for a balance among a variety of different land uses and their distribution among the city’s neighborhoods.
4-P.9: Locate medium- and high-density development near regional access routes, transit stations, employment centers, shopping areas, and public services.
4-A.8: Promote the development of a greater variety of housing types, including single-family homes on small lots, accessory dwelling units, townhomes, lofts, live-work spaces, and senior and student housing to meet the needs of future demographics and changing family sizes.
4-A.10: Promote availability of senior and independent assisted living facilities to meet the needs of the community’s aging population, distributed equitably throughout the Community.
Density Bonus
The applicant has requested a density bonus in accordance with State law, which as a result, affects the design of the project. Pursuant to State law, as well as Section 18.228.030(A) of the Redlands Municipal Code, a density bonus granted to a residential development project shall consist of an increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and of the City's General Plan as of the date of application. Projects that are deed restricted to only allow tenants that are senior citizens, are eligible for a density bonus of up to 20% by both State law and the Municipal Code.
The applicant is requesting a density bonus of 3.7 units per gross acre, an increase in density of approximately 15%. As such, the density bonus would be consistent with the provisions of the Municipal Code and State law. As shown in Table A, the applicant is proposing fewer units than is allowed based on the General Plan density and the allowable density bonus.
Table A. Proposed Project Density
Site
Acreage
General Plan
Density
Base Units
Allowable
Density Bonus
Units Allowable
Proposed Units
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Acreage Density Allowable Units Allowable Proposed Units
3.49 27 units
per acre 94 112 108
The applicant will be required to sign a Density Bonus Agreement with the City, which includes requirements stating that the project shall only be made available to senior citizens who are 55 years of age or older for a minimum period of 55 years, as well as verification and reporting requirements. The Density Bonus Agreement is required to be approved by the City Council. A Condition of Approval has been added to the project requiring that prior to the issuance of a building permit, the applicant shall provide evidence of a fully executed Density Bonus Agreement signed by both the City and the Applicant.
A draft of the Density Bonus Agreement has been included as Attachment B.
B) Zoning
To achieve densities consistent with the High-Density Residential land use designation, the project utilizes the provisions of the R-3 District. The table below summarizes the proposed development’s consistency with the development standards. A complete list of applicable development standards is included in Attachment C.
Table B. Summary of Development Standards
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Table B. Summary of Development Standards
Development Standard Requirement Proposed
Front Setback 15 feet for one- and two-story
buildings.
Judson St: 20 feet
Grove St: 110 ft.
Rear Setback 25 feet N/A
Side Setback 7.5 feet (2 story buildings)
North: 48 ft.
South: 10 ft.
Accessory Building Setback 5 feet from side and rear property lines
5 feet from side and rear
property lines
Lot Coverage 60.0% 56.6%
Building Height 4 stories 2 stories and 31’2”
Total Open Space 18,253 sf 18,745 sf
Private Open Space 100 sf per unit (10,800 sf) 100 sf per unit (10,800 s
C) Commission Review and Approval
Site Design: The project site is approximately 130’ wide (north to south) and 1,665’ long (east to west and spans between Grove Street and Judson Street. It is a relatively long and narrow piece of property located just to the south of the Orange Blossom Trail. Primary access to the site will be from Grove Street and secondary access will be from Judson Street. Due to the site’s linear nature, a single main drive aisle is proposed along the northern portion of the site running east to west. The residential buildings are located near the center of the site on the southern side and amenities are centrally located between the main buildings. Amenities proposed include a single-story community building, a pool, fitness room, and outdoor open space areas. Project Plans are included as Attachment D.
Parking: The applicant is providing parking consistent with State Density Bonus Law contained in California Government Code 65915(p)(1), which states that upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria…that exceeds the following ratios:
Unit type Parking
Requirement
Studio 1 Space
1 Bedroom 1 Space
2 Bedroom 1.5 Spaces
3 Bedroom 1.5 Spaces
4 Bedroom 2.5 Spaces
According to the above ratios, the project would be required to provide 124 total parking spaces and 124 parking spaces are provided. Most cities have separate parking standards for senior housing that range from .6 to .8 spaces per unit for studio and one-bedroom units. It should be noted that the project is located within a half-mile of a transit station. The Arrow rail University Station is located 1,500 feet to the west of the project. Assembly Bill 2097 prohibits Cities from enforcing minimum parking requirements on development projects located within a half-mile of a major transit station. Therefore, while the applicant has provided parking that is consistent with the requirements of State law, the applicant is not required to do so.
The applicant has expressed a desire to potentially reduce the parking on the western side of the Redlands Adjourned Meeting of 7-25-23
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project. The existing parking area located on the southwest side of the project would then be replaced with landscaping as an open space amenity. Any reduction in the parking on-site would remain consistent with State law based on AB 2097 and would assist with the provision of common outdoor open space as discussed below.
Open Space and Landscaping: The Multiple Family Residential (R-3) District requires 0.25 square feet of outdoor living area for each square foot of gross floor area of living space. The project includes 73,012 square feet of living space and would be required to provide 18,253 square feet total outdoor living area.
This outdoor living space may be provided as common open space, private open space, or a combination of both. The project exceeds the square footage requirement and provides 18,745 square feet of outdoor living area composed of 7,945 square feet of common outdoor living space and 10,800 square feet of private outdoor living space. Private outdoor living space is provided in the form of 100 square feet of private patio space attached to each apartment unit. Proposed amenities within the common areas include a pool, hot tub, gas fire pits, community room and fitness center.
For multifamily projects within the R-3 district, 30% of the project site is required to be landscaped. The project plans do not clearly indicate the amount of landscaped common open space within the project. As shown on the project plans, a total of 7,945 square feet of common outdoor open space is proposed; based on this square footage, a minimum of 2,248 square feet of landscaped space is required. A Condition of Approval has been added requiring the applicant to clearly demonstrate compliance with the landscaping requirements for common outdoor open space.
The proposed project includes landscaped setbacks along Grove Street and Judson Street, as well as landscaping throughout the parking lot area and in common outdoor living area. The project includes a total of 30,810 square feet of landscaped surface (or 20% of the total project area). The conceptual landscaping plan utilizes primarily Ginko Biloba, Brisbane Box, and Drake Chinese Elm as parking lot trees, with Mayten Tree, Dwarf Southern Magnolia and Sweetshade accent trees. Landscaping plans are included as Attachment E.
Walls and Fencing: The complex has been designed as a gated community, with controlled vehicular access gates at both driveways. The applicant has provided plans, which include a six-foot decorative split-face perimeter wall along the south property line and decorative tubular steel fencing surrounding the north, east and west sides of the project. Near the center of the project on the north side, a five-foot-wide pedestrian gate providing access to the Orange Blossom Trail is proposed. As previously mentioned, the project is designed with gated access. Vehicle gates on both sides of the project are proposed to be decorative tubular steel.
Fence heights are not clearly indicated on the project plans. Staff has provided a condition of approval stating that any open fences or gates within the front setback shall not exceed 4’0” in height, or fences exceeding 6’0” in height outside of the front setback, unless approval of a separate Minor Exception Permit is obtained prior to issuance of a building permit.
A Condition of Approval has been added requiring wall and fence heights to be clearly called out on the project plans. Where walls or fences exceed maximum heights, a Minor Exception Permit will be required.
Architecture and Design: The project proposes a Mediterranean style architecture with barrel concrete roof tiles, tan stucco, and dark brown accents wood and dimensional window frames. Stone/brick veneer and steel balcony railings provide interest through a variety of materials and treatments. The horizontal and vertical planes of the building provide articulation through pitched rooflines, wall surface projection, and tower elements near the center of each building. Decorative shutters, decorative window trim elements, style appropriate lighting, arched patio openings, faux shutters and shaped corbels are also provided. Proposed architectural elevations are provided as Attachment F.
D) Architectural Review Criteria
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Although the proposed building and use is permitted within the zone, new construction over 500 square-feet is subject to review by the Planning Commission per Redlands Municipal Code (RMC) Chapter 18.12 and requires Commission Review and Approval. The Planning Commission reviews the project to determine whether the proposed development is in conformity with RMC Section 18.12.170, Architectural Review Criteria, and if approval of the site plan is in the best interest of the public health, safety, and general welfare. It is intended that design submittals be compatible with the character of adjacent and surrounding developments, and that they be of comparable composition, materials, textures and colors. Conformance is evaluated based on the following seven criteria.
1. Site layout, orientation, location of structures and relationship to one another, as well as open spaces and topography.
The proposed site layout, building orientation, location of structures and relationship to one another are physically suitable in size and shape to support the development. The site is narrow and long. The buildings and parking layout have been designed to include four buildings on the south side of the site and open space, parking and amenities are appropriately included. The site will be accessed via two gated access points (one on Grove Street and one on Judson Street), with a drive aisle extending through the northern portion of the site. The site is generally flat and with appropriate conditions of approval, meets all applicable development standards.
2. Harmonious relationship of building with existing and proposed adjoining developments.
The project site is surrounded by existing residential development on three sides and an existing open space/trails system to the north (Orange Blossoms Trail). The proposed building and use are compatible with the context of the area which is primarily composed of residential uses.
3. Maximum height, area, setbacks and overall mass of building, as well as other structures such as walls, screens, towers or signs, and effective concealment of all mechanical equipment.
The proposed project meets all applicable development standards of the R-3 (Multiple-Family Residential) District including, setbacks, building height, and lot coverage. The proposed building will have an overall height of approximately 31 feet and no roof-mounted mechanical equipment is proposed.
Parking will be screened from the public right-of-way through the incorporation of 36" walls and landscaping.
4. Harmony of construction materials and colors in relation to all exterior elevations.
The proposed architectural design of the building is consistent with the surrounding development in terms of material, color, and overall use. The design of the buildings provide variation in building surfaces including wall popouts, covered walkways, balconies and pitched rooflines. A neutral color palette was selected consisting of medium tan and darker brown accent colors. Decorative shutters, decorative window trim elements, style appropriate lighting, arched patio openings, faux shutters and shaped corbels are also provided.
5. Location and type of planting, with due regard for the preservation of specimen trees upon a site.
The proposal meets the landscaping requirements of the Municipal Code in terms of the site, parking lot and overall landscaping requirements. No specimen trees are located on site. The project provides 20% of the site as landscaped surface (30,810 square feet) within the project site and exceeds the minimum parking lot landscaping requirement by providing 12% of the parking area as landscaped surface.
6. Design and appropriateness of signs in relation to the architectural style of the building.
No signs are proposed as part of this application.
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7. Glazing or image reflective surfaces (specular reflectance) shall be limited to a maximum reflectance value of twenty five percent (25%). "Specular reflectance" means any mirror like reflection, as contrasted to diffused reflection from such surfaces as concrete or vegetation.
The project proposes clear anodized aluminum windows. A condition of approval has been added to the project that glazing or image reflective surfaces (specular reflectance) shall be limited to a maximum reflectance of 25%.
E) Lot Line Adjustment
A Lot Line Adjustment is required since the project site currently consists of two separate parcels. RMC Section 17.05.030 requires a Lot Line Adjustment that is being processed concurrently with other land use applications to be acted upon by the same approving body. The project includes merging two lots into one totaling 3.49 acres. The merging of the lots will be consistent with the RMC and the new lot meets the minimum width, depth, and lot area requirements for the R-3 District. A Condition of Approval has been added requiring the recordation of the Lot Line Adjustment prior to the issuance of a building permit.
F) Socio-Economic Cost / Benefit Study
In accordance with the Principals of Managed Development Element of the General Plan, a Socio-Economic Cost/Benefit Study (Attachment G) has been completed for the project. Based on the cost/benefit model utilized by the City, the project provides a positive cost/benefit ratio of 1.42 over the period of 2025-2034 (and results in positive net revenue to the City after development). This project will provide the City approximately $103,327 in revenue exceeding costs to the City of $72,585 which results in revenue of $30,742.
ENVIRONMENTAL REVIEW
In accordance with the provisions of the California Environmental Quality Act (CEQA), the proposed project qualifies for exemption from environmental review pursuant to Section 15332 of the CEQA Guidelines. Section 15332 (Class 32) pertains to infill development sites and the proposal meets all criteria for this exemption as listed below.
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses;
c) The project site has no value as habitat for endangered, rare, or threatened species; d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
e) The site can be adequately served by all required utilities and public services.
The proposed project will not have any potentially significant effect on the environment and is eligible for exemption from CEQA.
FINDINGS
RMC Chapter 18.12.080 (Site Plan Approval Procedures) establishes three findings that must be made to either recommend or approve an application for site plan approval, as follows:
1. The site for the intended use is adequate in size and shape to accommodate the use, and all of the required yards, setbacks, walls or fences, landscaping and other features will adjust the use to those existing or permitted future uses of land in the neighborhood; Redlands Adjourned Meeting of 7-25-23
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The proposed project includes the construction of four multifamily residential buildings with a total of 108 dwelling units for senior, two ancillary office and recreation buildings, and related site improvements on approximately 2.65 acres. The subject property has sufficient size and shape to accommodate the development standards of the applicable zoning requirements. The subject property is adequate in size and shape to accommodate the proposed use, including setbacks, landscaping, private and common open space, recreation amenities, driveways, on-site parking, lighting, utilities, and other required improvements necessary to serve the proposed use and structures. The proposed project complies with the development standards for the Multiple Family Residential (R-3) zone (as consistent with the previous General Plan land use designation as High Density Residential) and will be compatible with the adjacent residential uses that surround the project site.
2. The site for the proposed use relates to streets and highways which are properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use; The subject property will take access from City streets (Judson Street and Grove Street) that provide direct access to the project site, and new driveways will be constructed to serve the proposed use and accommodate the expected type and quantity of motor vehicle traffic to and from the proposed project.
The existing roadways are designed to carry the type and quantity of residential traffic to be generated by the proposed use, including existing traffic from the existing single-family residential dwellings along Judson Street and Grove Street. The site for the proposed use relates to streets that are properly designed and improved to carry the type and quantity of traffic that will be generated by the proposed residential structures.
3. The conditions set forth in the approval and those shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare.
The conditions of approval for the project will protect the public health, safety, and general welfare.
Conditions are provided from the Planning Division, Building & Safety Division, and Land Use Engineering Division. The project has been conditioned to comply with the applicable provisions of the Redlands Municipal Code as well as the applicable California Building Code, California Fire Code, and any other applicable regulations.
RECOMMENDATIONS
Based on the above analysis and the following findings, staff recommends that the Planning Commission approve Commission Review and Approval No. 964 and Lot Line Adjustment No. 674, subject to the attached conditions of approval.
MOTIONS
Should the Planning Commission concur with staff’s recommendation, the following motion is suggested:
“I move that the Planning Commission adopt Resolution No. 1621 approving Commission Review & Approval No. 964 and Lot Line Adjustment No. 674 based on the findings listed in this staff report, and subject to the attached Conditions of Approval.”
Attachments
Attachment A: Location Map and Aerial Photograph
Attachment B: Density Bonus Agreement
Attachment C: Table of R-3 Development Standards
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Attachment D: Site Plan
Attachment E: Landscape Plan
Attachment F: Elevations
Attachment G: Socio-Economic Cost/Benefit Study
Attachment H-1: Resolution No. 1621
Attachment H-2: Engineering Conditions of Approval
Attachment H-3: Building & Safety Conditions of Approval Redlands Adjourned Meeting of 7-25-23
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S
UNIVERSITY
ST S DEARBORN ST
E CYPRESS AVE
JUDSON ST
FORD ST
N DEARBORN ST
E PALM AVE
N
UNIVERSITY
ST
E COLTON AVE
E CITRUS AVE
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LOCK
CT
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LIME ST
SPARROW CT
RENEE ST
N APAAVE
AMBER CT
N GROVE ST
CAMPUS AVE
COOK ST
CHRISTOPHER LN
S GROVE ST
S LINCOLN ST
POWELL LN
DIAMOND CT
STILLMAN AVE
UNIVERSITY PL
CAMBRIDGE AVE
West DR
LIDO ST
EAST DR
E10FRW
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LYTLEST
GEORGIA ST
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Y
RYAN ST
NAOMI ST
DEARBORNCIR
CENTRAL AVE
E PARK AVE
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CAMPUS AVE
CLOCK AVE
SYLVAN BLVD
Location Map
OneStop.mxd
0 390 780
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.
The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.
The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.
May 3, 2023
.
PROJECT SITE
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JUDSON ST
JEREM
Y
CT
CRAIG CTKAYE CT
LARAMIE AVE
CENTRAL AVE
N GROVE ST
GEORGIA ST
E PARK AVE
SYLVAN BLVD
Aerial Photo
OneStop.mxd
0 120 240
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.
The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.
The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.
May 3, 2023
.
PROJECT SITE
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VILLAGES AT ORANGE BLOSSOM
SENIOR APARTMENTS
REDLANDS, CA
VANCE GRAHAM
IDEArc
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
SHEET INDEX
A01 - ARCHITECTURAL SITE PLAN
A02 - PRELIMINARY FIRE MASTER PLAN
A03 - BLDG 1 MASTER FLOOR PLAN
A04 - BLDG 1 LOWER LEVEL FLOOR PLAN
A05 - BLDG 1 UPPER LEVEL FLOOR PLAN
A06 - BLDG 1 MASTER ROOF & ELEVATIONS
A07 - BLDG 1 ENLARGED ELEVATIONS
A08 - BLDG 1 ENLARGED ELEVATIONS
A09 - BLDG 1 ROOF PLAN
A10 - BLDG 2 MASTER FLOOR PLAN
A11 - BLDG 2 LOWER LEVEL FLOOR PLAN
A12 - BLDG 2 UPPER LEVEL FLOOR PLAN
A13 - BLDG 2 MASTER ROOF & ELEVATIONS
A14 - BLDG 2 ENLARGED ELEVATIONS
A15 - BLDG 2 ENLARGED ELEVATIONS
A16 - BLDG 2 ROOF PLAN
A17 - BLDG SECTIONS
A18 - UNIT PLANS
A19 - COMMUNITY ROOM / LEASING PLAN
A20 - FITNESS / POOL BATH PLAN
A21 - TRASH ENCLOSURE
A22 - CARPORT PLAN
ARCHITECT
VICINITY MAP
NOVEMBER 04, 2022
MOHAMAD YOUNES
INVISION COMMUNITY BUILDERS, LLC
690 EAST GREEN STREET, SUITE 200
PASADENA, CA 91101
951.300.8268
[email protected]
OWNER'S REPRESENTATIVE
SITE
CEAZAR AGUILAR
AGUILAR CONSULTING INC
231 E. ALLESSANDRO BLVD
#6A393
RIVERSIDE, CA 92508
951.300.1431
[email protected]
CIVIL ENGINEER
SHAWN BURCH
STB LANDSCAPE ARCHITECTS, INC.
15 SOUTH 5TH ST.
REDLANDS, CA 92373
909.798.7490
[email protected]
LANDSCAPE ARCHITECT
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CANovember 4, 2022
VILLAGES AT ORANGE BLOSSOM
CS
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70 EV CHARGING
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9'-0 3/4" CLG
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12'-9" 7'-7" X
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LAU
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STO
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7'-8" CLG
5050 SH
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30 68
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30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLGBEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATHCLOSET
90°
24 80 2'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
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9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
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30 80
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30 80
50 50 SH
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5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
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7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
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STO
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LAU
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30 68
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12'-9" 7'-7" X
9'-0 3/4" CLG
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LAU
11'-10" 7'-11" X
7'-8" CLG
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90°
24 802'-0" 3'-4" X
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STO
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90°
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5050 SH
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24 802'-0" 3'-9" X
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30 68
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5068BP
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M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
5050 SH
3050 SH 3050 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLGBEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATHCLOSET
90°
24 80 2'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
30 50 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
5050 SH
3050 SH3050 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
3068
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG BEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATH CLOSET
90°
24 802'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
3050 SH3050 SH
3050 SH30 50 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG BEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATH CLOSET
90°
24 802'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
90°
REF
OPT
M+72"
AFF
90°
90°
90°
90°
90°
G
90° 90°
6' CORRIDOR
UNIT 2
6' CORRIDOR
UNIT 2
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 2
UNIT 2
UNIT 2
UNIT 2
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 1
UNIT 2
UNIT 2
8'-1" CLG8'-1" CLG
ELEV.
30 80
90°
BOILER
MECH/ELEC.
RAMPRAMP
BUILDING 1BBUILDING 1A
3080
2-
45°
45°
30 80
90°
ELEV EQU.
30 80
90°
J.C.
16 68
90°
F.C.
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
3080
5050 SH
30 50 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
5050 SH
3050 SH 30 50 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLGBEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATHCLOSET
90°
24 80 2'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
50 50 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
50 50 SH
3050 SH3050 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG BEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATH CLOSET
90°
24 802'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
5050 SH
3050 SH 3050 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLGBEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATHCLOSET
90°
24 80 2'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 80 2'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
5050 SH
3050 SH3050 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLG BEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATH CLOSET
90°
24 802'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
90°
30 80
LAU
11'-10" 7'-11" X
7'-8" CLG
3050 SH 3050 SH
3050 SH 3050 SH
90°
30 80
90°
30 68
90°
30 68
90°
30 68
90°
30 68
4068BP
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-7" 8'-0" X
9'-0 3/4" CLG
PATIO
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X
9'-0 3/4" CLGBEDROOM 2
10'-1" 11'-0" X
9'-0 3/4" CLG
M BEDROOM
10'-3" 14'-9" X
9'-0 3/4" CLG
BATHCLOSET
90°
24 80 2'-0" 3'-9" X
9'-0 3/4" CLG
STO
7'-8" CLG
7'-8" CLG
7'-8" CLG
REF
KITCHEN
8'-0" 9'-5" X
9'-0 3/4" CLG
12'-0" 8'-4" X
9'-0 3/4" CLG
PATIO
90°
30 68
90°
30 68
90°
30 80
90°
30 80
5050 SH
3050 SH
5068BP
W D
M BEDROOM
12'-0" 10'-3" X
9'-0 3/4" CLG
LIVING
12'-9" 7'-7" X
9'-0 3/4" CLG
DINING
12'-9" 7'-7" X9'-0 3/4" CLG
7'-8" CLG
M BATH
LAU
11'-10" 7'-11" X
7'-8" CLG
CLOSET
90°
24 802'-0" 3'-4" X
9'-0 3/4" CLG
STO
7'-8" CLG
2 HOUR OCCUPANCY
SEPARATION
2 HOUR OCCUPANCY
SEPARATION
LEASING
/COMM
NOT A PART (E) HOUSE
STAIR
STAIR 28 PLEX 28 PLEX
STAIR 24 PLEX 28 PLEX
GATE
CALL BOX
GATE PLANTER
PLANTER PLANTER
TRASHTRASH
PLANTER
FITNESS
/BATH
HOT
TUB
STAIR
POOL
56'
SETBACK
10'
SB
11'
19.3'
11.1'
11.1'
11.2'
19.5'
7.6'
4'
11.1'
19.3'
7.4'
15.2'
11.2'
4'
11'
20.4'5'
TYP
4'
26'
5.9'
11'
11'
7.5'
19.5'
11.2'
11.3'
4'
10.6'
10'
11.2'
26'
20' 16'
33.6'20'
SB
10'
10'
20'
5'
TYP
14'1161.5'
2'
8'10' 120.5'
1176.5'
2'
DEED
98.1' 200.1' 862.3' 14'
DEED
20'
SB
20'
SB
4'
56'
SETBACK
19' 26' 5.5'
15' 26' 5.5'
19' 26' 5.5'
15' 5.5'
26' 20'
5.5'
0.6'
19'
9'
19'
9'
15'
8' 8'
15'
5.9'
74.5'
7.3'
19.3'
14.3'
21.6'
14.3'
10'
10'
14.8'
14.3'
14.3'
10'
10'
19.5'
19.4'
4'
15.2'
15' 26' 5.5'
5'
TYP
5'
TYP
5'
TYP
5'
TYP
5'
TYP
5'
TYP
10'
SB
10'
SB
64.1'
54.5'
20'
SB
6.3'
5.6'
5'
TYP
5'
TYP
UNIT 1
COMMUNITY / LEASING
N
UNIT 2
PROJECT INFO:
APN: 0170-221-53-0000 & 0170-221-55-0000
EXISTING ZONING: R-2
EXISTING DENSITY: 14 DUA
CONSTRUCTION TYPE: V-A
ALLOWABLE DENSITY: 30 DU/AC (27 DU/AC PER MEASURE U)
PROPOSED DENSITY: 25.78 DU/AC (30.94 DU/AC WITH 20% DENSITY BONUS) PROPOSED DENSITY BONUS: 90 X 1.20 = 108 DU/AC (76 ONE-BEDROOM & 32
TWO-BEDROOM)
PARKING: 1 PARKING STALL PER DU FOR ONE-BEDROOM AND
1.5 PARKING STALLS FOR TWO-BEDROOM
REQUIRED PARKING: 124 PARKING STALLS
PROVIDED PARKING: 124 PARKING STALLS PROVIDED
PROPOSED AMENITIES: COMMUNITY ROOM & LEASING OFFICE (1,842 SQ.FT.)
SWIMMING POOL & HOT TUB
FITNESS ROOM & POOL BATH (1,035 SQ.FT.)
EXISTING FLOOD AREA: AO-1
PROPOSED FLOOD AREA: ZONE X (PER FEMA MAP REVISION FOR REGION 9) SETBACKS:
SIDE: 56 FT (ORANGE BLOSSOM TRAIL)
FRONT: 20 FT (JUDSON & GROVE STREET)
SIDE: 10 FT (SOUTH BOUNDARY)
REAR: 20 FT
OUTDOOR LIVING
VILLAGES AT ORANGE BLOOSOM PROJECT SUMMARY
P A R K I N G (1) TOTAL UNIT
AREA
TOTAL BEDS/
UNIT TYPE
TOTAL BATHS/
UNIT TYPEUSE SIZE BEDS BATHS UNIT MIX REQ'D/UNIT TOTAL
REQ'D PARKING
UNCOVERED COVERED
PLAN 1 615 SQFT 1 1 76 1.0 76 60 16 46,740 76 76
PLAN 2 821 SQFT 2 1 32 1.5 48 41 7 26,272 64 32
TOTAL 108 124 101 23 73,012 140 108
FITNESS
COMM./LEAS 1,842 SQFT - 0
Total Parking (1) 124
(1) PER STATE DENSITY BONUS LAW
TOTAL SITE AREA: 152,058.70 SQFT 3.49 ACRES TOTAL BUILDING AREA
30.94 DU/AC LIVING: 72,971 sq.ft.
CIRCULATION: 13,180 sq.ft.
SITE COVERAGE: 56.66% GARAGE: 0 sq.ft.
TOTAL: 86,151 sq.ft.
REQUIRED OUTDOOR LIVING AREA*
18,242.7 12% 18.60.170 (A) LEAS/COMM. 1,842 sq.ft.
PROVIDED COMMON OUTDOOR LIVING SPACE:
7,945.5 5.2% 18.60.170 A.1.b* FITNESS/BATH 1,035 sq.ft.
PROVIDED PRIVATE OUTDOOR LIVING SPACE:
10,800.0 7.1%
TOTAL PROVIDED OUTDOOR LIVING SPACE:
18,745.5 12.3%
NOTE:
18.60.170 (A) - THE OUTDOOR LIVING SPACE MAY BE PROVIDED IN THE FORM OF COMMON OPEN SPACE AREAS, PRIVATE OPEN SPACE AREAS, OR A COMBINATION THEREOF, EXCEPT THAT THERE SHALL BE AT LEAST ONE HUNDRED (100) SQUARE FEET OF COMMON OPEN SPACE FOR EACH DWELLING UNIT.
18.60.170 A.1.b - RECREATION BUILDINGS MAY BE LOCATED WITHIN THE COMMON OUTDOOR LIVING SPACE; PROVIDED, HOWEVER, THAT NOT MORE THAN TEN PERCENT (10%) OF THE SPACE MAY BE UTILIZED FOR RECREATIONAL BUILDING PURPOSES. THE SPACE BETWEEN BUILDINGS SHALL BE INCREASED BY THE DIMENSIONS OF THE RECREATIONAL BUILDING(S).
FITNESS / BATH
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
SCALE: 1" = 40'
A01
PROJECT LOCATION
ARCHITECTURAL SITE PLAN
01 02
0304 05 0404 06
07 0809 09
10 11 11 11 12
12 12 12
12 13 13
14 14
1415
24 16
17 17 17
18 18
18 19 19
20 20
21 21
2222 22 22
PLANTING AREAS
PROJECT LANDSCAPE AREA PROVIDED
PERIMETER PLANTER 7,090.3 SQFT
SOUTH & SIDES PLANTING 14,409.7 SQFT
ISLANDS 9,310.6 SQFT
TOTAL 30,810.6 SQFT
% OF SITE AREA 20%
PARKING LOT LANDSCAPING
PARKING AREA 52,245.3 SQFT
REQUIRED PLANTING (7%) 3,657.2 SQFT
PERIMETER PLANTER 6,040.6 SQFT
LANDSCAPE ISLAND 1 215.1 SQFT
LANDSCAPE ISLAND 2 107.7 SQFT
TOTAL 6,363.4 SQFT
% OF PARKING AREA 12%
16 24
2323
SYMBOL DESCRIPTION
16`X40` POOL
8`X12` SPA RAISED 24" ABOVE POOL DECK FOR EASIER ENTRY
GAS FIREPIT
STEEL TRELLIS WITH DECORATIVE METAL PANELS BETWEEN
POSTS TO MATCH DECORATIVE POOL FENCING PANELS
ALUMAWOOD OR EQUAL SHADE TRELLIS OVER FIRE PIT AND
ADJACENT PATIO
POOL EQUIPMENT PAD
DECORATIVE FENCING WITH GREEN SCREEN AND METAL
PANELS PER LANDSCAPE PLANS
SYMBOL DESCRIPTION
24" HIGH SEAT WALL-TYPICAL
BBQ AND RECREATION AREA PER LANDSCAPE PLANS
APPX. LOCATION OF 5` WIDE WALKWAY CONNECTION TO THE
ORANGE BLOSSOM TRAIL
6` HIGH SPLIT FACE BLOCK WALL ALONG SOUTHERLY
PROPERTY LINE
DECORATIVE TUBULAR STEEL FENCE WITH COLUMNS PER
LANDSCAPE PLANS
VEHICULAR ACCESS GATES TO MATCH PERIMETER TUBULAR
STEEL FENCING
SYMBOL DESCRIPTION
PEDESTRIAN ACCESS GATES TO MATCH PERIMETER TUBULAR
STEEL FENCING
GATE KEYPAD
TRASH ENCLOSURE
DRAINAGE SWALE PER CIVIL PLANS
CARPORT
EV CHARGING STATION SINGLE POST W/ DUAL PORTS
MAILBOX - TO BE LOCATED WHERE PERMITTED
EXISTING FIRE HYDRANT
SYMBOL DESCRIPTION
PROPOSED FIRE HYDRANT
STANDPIPE LOCATION
STREET PAINTED STAND PIPE LOCATOR SYMBOL
DECORATIVE PAVING
CONCRETE POOL DECKING
01 02
03 04
05 06
07 08
09 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
Redlands Adjourned Meeting of 7-25-23
388 of 672
ROOF PLAN
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
FRONT (NORTH)
LEFT (WEST)
SCALE: 1/16" = 1'-0"
DESIGN DEVELOPMENT ELEVATIONS A06
RIGHT (EAST)
REAR (SOUTH)
BLDG 1 MASTER ELEVATIONS & ROOF PLAN
Redlands Adjourned Meeting of 7-25-23
389 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
FRONT (RIGHT)
FRONT (LEFT)
RIGHT
SCALE: 1/8" = 1'-0"
DESIGN DEVELOPMENT ELEVATIONS A07
BLDG 1 ENLARGED ELEVATIONS
1. STUCCO
2. STUCCO FINISH FOAM LINTELS
3. STUCCO FINISH FOAM SILLS
4. WINDOWS WITH TAN FRAMES AND MUTTONS
5. BARREL CONCRETE ROOF TILES
6. 2X6 CONTINUOUS FACIA
7. GUTTER OVER FASCIA
8. 2X WOOD BARGE
9. PRE MANUFACTURED TERRA COTTA "CLAY" ROUND OR X-VENTS
10. METAL RAILING
11. SHAPED FOAM TRIM W/ STUCCO FINISH
12. FAUX SHUTTER
13. STONE VENEER
14. EXTERIOR LIGHTING
114 2 4 11 13
5 1 11 6 87 5
11 4314131
561108 7
12 816 5
13 6 7
5 6 7 1012123 1198
14 3
8 2 342 3 11 1314
85 10 1 5 851 10
42 3
7 9 9
9 11
42 9'-1"
14'-538"
8'
11 9'-1" 9'-1"
31'-13
8"
8' 8'
9'-1" 9'-1"
29'-71
4"
8' 8'
9'-1" 9'-1"
31'-13
8"
8' 8'
9'-1" 9'-1"
29'-71
4"
8' 8'
432
432
Redlands Adjourned Meeting of 7-25-23
390 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
REAR (LEFT)
REAR (RIGHT)
LEFT
SCALE: 1/8" = 1'-0"
DESIGN DEVELOPMENT ELEVATIONS A08
BLDG 1 ENLARGED ELEVATIONS
1. STUCCO
2. STUCCO FINISH FOAM LINTELS
3. STUCCO FINISH FOAM SILLS
4. WINDOWS WITH TAN FRAMES AND MUTTONS
5. BARREL CONCRETE ROOF TILES
6. 2X6 CONTINUOUS FACIA
7. GUTTER OVER FASCIA
8. 2X WOOD BARGE
9. PRE MANUFACTURED TERRA COTTA "CLAY" ROUND OR X-VENTS
10. METAL RAILING
11. SHAPED FOAM TRIM W/ STUCCO FINISH
12. FAUX SHUTTER
13. STONE VENEER
14. EXTERIOR LIGHTING
1 241113
511168 75
114 11 3 14 13 1
5 6 1 10 87
12 1 65
13 67
1 2
14 3
8 23 4 231113
8 510158 5 110
4 23
7 99
9 11
42 11
2 3
5 6 78 910
11 12
11 14
14 13
9'-1"
14'-334"
8'
9'-1" 9'-1"
31'-13
8"
8' 8'
9'-1" 9'-1"
29'-71
4"
8' 8'
9'-1" 9'-1"
29'-71
4"
8' 8'
9'-1"
14'-33 4"
8'
432
432
Redlands Adjourned Meeting of 7-25-23
391 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
ROOF PLAN
SCALE: 1/8" = 1'-0"
DESIGN DEVELOPMENT ROOF PLAN A09
BLDG 1 ROOF (LEFT)
BLDG 1 ROOF (RIGHT)
RIDGE
RIDGE
RIDGE
RIDGE
RIDGE
RIDGERIDGE
RIDGE
RIDGE
RIDGE
RIDGE
RIDGE
RIDGE RIDGE RIDGE
RIDGERIDGE
VALLEY
VALLEY
VALLEY
VALLEY VALLEY
RIDGE
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
VALLEY
VALLEYVALLEY
VALLEY
VALLEY
VALLEY
HIPHIP
HIP
HIP
HIP
HIP HIP
HIP
HIP
HIP
HIP
HIP
HIP HIP
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
RIDGERIDGE
RIDGE
VALLEY
VALLEY
VALLEY
RIDGE
HIPHIP
HIP
HIP
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
VALLEY
VALLEY
RIDGE
RIDGE
RIDGE
VALLEY
VALLEY
HIP
HIP
4:124:12
4:124:12
RIDGE
4:124:12
4:124:12
4:124:12
4:12 4:12
4:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12 4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:12 4:124:12
4:12
4:12
4:12
4:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
Redlands Adjourned Meeting of 7-25-23
392 of 672
ROOF PLAN
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
FRONT (NORTH)
LEFT (EAST)
SCALE: 1/16" = 1'-0"
DESIGN DEVELOPMENT ELEVATIONS A13
RIGHT (WEST)
REAR (SOUTH)
BLDG 2 MASTER ELEVATIONS & ROOF PLAN
Redlands Adjourned Meeting of 7-25-23
393 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
FRONT (RIGHT)
FRONT (LEFT)
RIGHT
SCALE: 1/8" = 1'-0"
DESIGN DEVELOPMENT ELEVATIONS A14
BLDG 2 ENLARGED ELEVATIONS
111
1 1
1 1
1 12 23 3 44 5 5 667 78 8 99 10 10 1111
1314 14 13 1
23 4 23 45 6 785 6 7 8 99 10 10
11111113 13141314
235 6 1089 71112
14 1. STUCCO
2. STUCCO FINISH FOAM LINTELS
3. STUCCO FINISH FOAM SILLS
4. WINDOWS WITH TAN FRAMES AND MUTTONS
5. BARREL CONCRETE ROOF TILES
6. 2X6 CONTINUOUS FACIA
7. GUTTER OVER FASCIA
8. 2X WOOD BARGE
9. PRE MANUFACTURED TERRA COTTA "CLAY" ROUND OR X-VENTS
10. METAL RAILING
11. SHAPED FOAM TRIM W/ STUCCO FINISH
12. FAUX SHUTTER
13. STONE VENEER
14. EXTERIOR LIGHTING
9'-1" 9'-1"
31'-11
8"
8' 8'
9'-1" 9'-1"
31'-11
8"
8' 8'
9'-1" 9'-1"
29'-75
8"
8' 8'
9'-1"
14'-51
2"
8'
9'-1"
14'-51
2"
8'
13 Redlands Adjourned Meeting of 7-25-23
394 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
REAR (LEFT)
REAR (RIGHT)
LEFT
SCALE: 1/8" = 1'-0"
DESIGN DEVELOPMENT ELEVATIONS A15
BLDG 2 ENLARGED ELEVATIONS
1 1
13 2
1 9'-1"
14'-51
2"
8'
1 1 1 23 4 4 35 56 667 7 78 89 91010 111111
13 1314141 11
2 24 34 34 3 25 5 6 76 76 7 8 8 99 10 10 111111
13 13 131114 14
25 3
6 789
1011 1112 13 14
1. STUCCO
2. STUCCO FINISH FOAM LINTELS
3. STUCCO FINISH FOAM SILLS
4. WINDOWS WITH TAN FRAMES AND MUTTONS
5. BARREL CONCRETE ROOF TILES
6. 2X6 CONTINUOUS FACIA
7. GUTTER OVER FASCIA
8. 2X WOOD BARGE
9. PRE MANUFACTURED TERRA COTTA "CLAY" ROUND OR X-VENTS
10. METAL RAILING
11. SHAPED FOAM TRIM W/ STUCCO FINISH
12. FAUX SHUTTER
13. STONE VENEER
14. EXTERIOR LIGHTING
9'-1" 9'-1"
29'-75
8"
8' 8'
9'-1" 9'-1"
29'-75
8"
8' 8'
9'-1" 9'-1"
31'-11
8"
8' 8'
11 Redlands Adjourned Meeting of 7-25-23
395 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
ROOF PLAN
DESIGN DEVELOPMENT ROOF PLAN A16
BLDG 2 ROOF (LEFT)
BLDG 2 ROOF (RIGHT)
RIDGE
RIDGE
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
HIP
HIP
HIP
HIP
HIP
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
RIDGERIDGE
RIDGE
VALLEY
VALLEY
VALLEY
HIP
HIP
HIP
HIP
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
VALLEY
VALLEY
RIDGE
RIDGE
HIP
HIP
4:124:12
RIDGE
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12
4:124:12 4:124:12 4:124:12
4:124:12 4:124:12
4:124:12
4:124:12
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
4:124:12
4:124:12
VALLEY
4:12
4:124:12
4:12 RIDGE
VALLEY
HIP
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
4:124:12
4:124:12
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
4:124:12
4:124:12
RIDGE
VALLEY
VALLEY
RIDGE
VALLEY
VALLEY
4:124:12
RIDGE
4:124:12
4:124:12
RIDGE
VALLEY
VALLEY
HIP
HIP
RIDGE
VALLEY
VALLEY
RIDGE4:12
4:124:12
4:124:124:124:12
RIDGERIDGE
RIDGE
VALLEY
VALLEY
VALLEY
4:124:12
4:12
4:124:12
4:124:12
VALLEY
HIP
HIP
4:12
4:12
4:12
4:124:12
SCALE: 1/8" = 1'-0"
Redlands Adjourned Meeting of 7-25-23
396 of 672
17848 SKY PARK CIRCLE, SUITE D
IRVINE, CA 92614
949.336.6056
REDLANDS, CA November 4, 2022
VILLAGES AT ORANGE BLOSSOM
SCALE: 1/8" = 1'-0"
DESIGN DEVELOPMENT SECTIONS A17
SECTION 1 (TYP. CENTER STAIR)
SECTION 2 (TYP. END STAIR) SECTION 3 (TYP. UNITS)
SECTIONS
Redlands Adjourned Meeting of 7-25-23
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1 I:\cmo\Agreements\Senior Housing Density Bonus Agreement FY22-0207.docx-jm
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Redlands
P. O. Box 3005
Redlands, CA 92373
SPACE ABOVE LINE FOR RECORDER'S USE ONLY
EXEMPT FROM RECORDING FEES PURSUANT TO GOVT. CODE § 27383
CITY OF REDLANDS
SENIOR HOUSING DENSITY BONUS AGREEMENT
This Senior Housing Density Bonus Agreement (“Agreement”) is entered into as of this 25th day of July, 2023, by and between the City of Redlands, a California municipal corporation (“City”), and Orange Blossom by Invision LLC, a Limited Liability Company (“Developer”). City and Developer are each sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
A. Developer is the owner of approximately 3.49 acres of real property located south of the Orange Blossom Trail between Grove Street and Judson Street, (APNs: 0170-221-53-0000 and 0170-221-55-0000) in Redlands, California, which is more particularly described in the legal description attached hereto as Exhibit “A” and incorporated herein by reference (“Property”).
B. On or about ___________, the Planning Commission approved development of the Property for senior housing that would include 108 dwelling units , a 1,842 square -foot leasing/community building, a 1,035 square -foot fitness building, and related on -site improvements including driveways, parking lot, landscaping, and lighting on a 3.49 acre si te (“Project”). The Project is subject to the Conditions of Approval as specified in the approved entitlements Commission Review and Approval No. 964 and Lot Line Adjustment No. 674.
C. On or about May 5, 2022, Developer submitted a request for a density bonus for the Project. The base density for the Project under the City’s zoning ordinance would be ninety - four (94) units. The Developer is requesting a density bonus because the Project will be a Senior Citizen Housing Development, as defined herein, and one-hundred percent (100%) of the dwelling units (collectively, the “Senior Units”) shall only be made available to senior citizens who are fifty-five (55) years of age or older and other qualified residents, in accordance with California Civil Code § 51.3, for a minimum time period of fifty-five (55) years.
Redlands Adjourned Meeting of 7-25-23
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2 I:\cmo\Agreements\Senior Housing Density Bonus Agreement FY22-0207.docx-jm
D. Provided that Developer complies with all of the requirements of the California Density Bonus Law (Government Code section 65915 et seq.), Developer is eligible to obtain a density bonus and certain incentives and/or concessions, including a waiver or reduction of City development standards, and City desires to enter into this Density Bonus Agreement in accordance with California law.
E. For purposes of complying with the Density Bonus Law and the Redlands Municipal Code , and facilitating development of senior housing within the City, City and Developer agree to the terms and conditions of this Agreement to establish Developer’s rights to construct and operate the Senior Citizen Housing Development described herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
AGREEMENT
1. Recitals. The foregoing recitals are true and correct, and are incorporated herein as a substantive part of this Agreement.
2. Definitions. The following terms when used in this Agreement shall have the meanings ascribed to them:
(a) “Senior Citizen” means a person 55 years of age or older. (b) “Senior Citizen Housing Development” means a property that is developed for occupancy by persons who qualify as a Senior Citizen in accordance with California Civil Code § 51.3.
(c) “Senior Unit(s)” means a unit in the Project to be occupied or made available for occupancy exclusively by persons who qualify for occupancy in a Senior Citizen Housing Development.
(d) “Density Bonus Law” means California Government Code section 65915 et seq.
(e) “Density Bonus” means the additional fourteen units requested by Developer under the Density Bonus Law in exchange for agreement to develop the Senior Units.
3. Senior Citizen Housing Requirements.
(a) Project. As part of the Project, Developer shall develop, or cause to be developed, the Property as a Senior Citizen Housing Development, with a total of 108 rental units on the Property that will be rented as Senior Units.
Redlands Adjourned Meeting of 7-25-23
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3 I:\cmo\Agreements\Senior Housing Density Bonus Agreement FY22-0207.docx-jm
(b) Senior Units. Developer covenants and agrees that it shall rent not less than one -hundred percent (100%) of the units on the Property as Senior Units. The rental restrictions and conditions described in this Agreement shall run with the land and shall be binding on all successor owners of the Property. City is given the express authority by Developer to enforce the restrictions and conditions described in this Agreement. (c) Federal Law Requirements . The Senior Units are intended to qualify as “housing for older persons” exempt from the age restriction prohibition contained in the Federal Fair Housing Amendments Act of 1988 as amended by the Housing for Old Persons Act of 1995 (the “Acts”). In order to satisfy the requirements of the Acts, at least 80% of the units in the buildings in which the Senior Units are located must be occupied by at least one person fifty - five (55) years of age or older; and Developer shall:
(i) publish and adhere to policies and procedures that
demonstrate the intent to provide ho using for persons fifty-five (55) years of age or older for the buildings in which the Senior Units are located; and
(ii) comply with rules issued by the Secretary of Housing and Urban Development for verification of occupancy, including (a) developing procedu res for routinely determining the occupancy of each Senior Unit; (b) providing for regular updates through surveys or other means and no less than once every two years; and (c) establishing and maintaining appropriate policies to require that occupants comply with the age verification procedures. (d) Applicable Law and Amendment Requirements. The provisions in this Agreement are intended to comply with the housing for Senior Citizen requirements in Civil Code section 51.3 and the housing for older persons exem ption under the Acts of 1988 and 1995 in effect as of the date this Agreement (collectively, the “State and Federal Acts”). To the extent of any conflict between the provisions of this Agreement and the State and Federal Acts, the State and Federal Acts s hall control notwithstanding that said State and Federal Acts may be more permissive than the restrictions set forth herein. If the State and Federal Acts are subsequently modified or amended in any manner, the provisions of this Agreement shall be consid ered modified and amended in a like manner if necessary in order to remain in compliance with applicable laws. Nothing in this Agreement shall prohibit Developer from imposing additional age and/or income requirements to the Senior Units to the extent said additional requirements are consistent with the State and Federal Acts.
(e) Prohibition Against Discrimination . Developer shall not discriminate against any tenant or potential tenant on the basis of sex, color, race, religion, ancestry, national origin, ag e, pregnancy, marital status, family composition, sexual orientation, source of income, or the potential or actual occupancy of minor children. Developer further agrees to take affirmative action to ensure that no such person is discriminated against for any of the above mentioned reasons.
Redlands Adjourned Meeting of 7-25-23
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4 I:\cmo\Agreements\Senior Housing Density Bonus Agreement FY22-0207.docx-jm
4. Density Bonus; Concessions; Waivers . In exchange for the agreement to the construct the Senior Units on the terms and conditions set forth herein, the City has agreed to density bonus of fifteen percent (15%) for the pr oposed ninety -four base units, resulting in a density bonus of fourteen (14) additional units. Accordingly, this density bonus agreement provides for the development of 108 Senior Units on the Property.
5. No Incentives, Concessions or Waivers. Developer ack nowledges and agrees that no incentives, concessions, waivers or reductions have been requested, and that, as of the date of this Agreement, the City has fully satisfied any duty City may have under the Redlands Municipal Code, the Density Bonus Law, or any other law or regulation applicable to the Project, to provide any development incentive or concession to Developer, including the waiver or reduction of any building, zoning, or other requirement. By this Agreement, Developer releases any and all known claims Developer may have against the City related to or arising from, in any way, City’s obligation to waive requirements of or provide development incentives or concessions pursuant to any state, federal, or local law, rule, or regulation applicable to the Project.
6. Permits and Processing; Compliance with Laws.
(a) Developer, at its sole cost and expense, shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local government entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued for the Project.
(b) City shall have no responsibility for the construction, installation, management, operation or maintenance of the Project.
7. Term. The Term of this Agreement shall be fifty -five (55) years commencing upon the date of the City’s issuance of the first certificate of occupancy for a Senior Unit for the Project.
8. Agreement to be Recorded; Priority . This Agreement shall be recorded, prior to the issuance of building permits for the Project, in the Official Records of San Bernardino County, California as senior, non-subordinate covenants and as an encumbrance running with the land for the full Term of this Agreement. In no event shall this Agreement be made junior or subordinate to any deed of trust or other document providi ng financing for the construction or operation of the Project or any other lien or encumbrance whatsoever for the entire fifty-five (55) year Term of this Agreement. Notwithstanding anything to the contrary herein, the City shall have the discretion to sub ordinate this Agreement to regulatory restrictions of public lender(s) restricting occupancy of units in the Project to persons eligible to occupy Senior Units . Upon a determination by the City Manager that the conditions in this Section have been satisfied, the City Redlands Adjourned Meeting of 7-25-23
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5 I:\cmo\Agreements\Senior Housing Density Bonus Agreement FY22-0207.docx-jm
Manager or the City Manager’s designee will be authorized to execute the approved subordination agreement without the necessity of any further action or approval by the City Council.
9. Indemnification. Developer shall defend, indemnify and hold harmless City and its officers, agents, employees, representatives, and volunteers (collectively, “Indemnitees”) from and against any loss, liability, claim or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or misconduct of the Indemnitees. .
10. City’s Right to Inspect Senior Units and Documents. City may inspect the Senior Units at any reasonable time for so long as this Agreement remains in effect, to determine Developer’s compliance with this Agreement.
11. Defaults and Remedies . City shall have the right to specifically enforce each and every covenant, condition, restriction, and provision in this Agreement and Developer hereby agrees and acknowledge s that money damages are an inadequate remedy for any default under this Agreement.
11.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein) constitutes a default under this agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall a void default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time to cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. City hereby agrees to accept any cure offer by any limited partner of or lender to Developer on the same basis as if such cure were offered by Developer.
11.2 Rights and Remedies. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by any other Party.
12. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
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13. Attorney’s Fees . In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorney’s fees, including fees for use of in-house counsel by a Party.
14. Time. Time is of the essence in this Agreement.
15. Notices. Any approval, disapproval, demand, document or other notice (“Notice”) which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth be low, or at any other address as that party may later designate by Notice:
Developer: Jim A. Ahmad
Orange Blossom by Invision LLC
750 E. Green Street, Ste. 204
Pasadena, CA 91101
City: 35 Cajon Street
Redlands, California 92373
Attention: City Clerk
City of Redlands
Such addresses may be changed by notice to the other party given in the same manner as provided above.
16. Third Party Beneficiaries . The Parties acknowledge and agree there are no third party beneficiaries of this Agreement. Each Party and its successor and assigns shall have full right and ability to enforce each and every covenant and restriction in this Agreement. No other person or entities shall have any right of action hereunder. Under no circumstances shall any individual, officer, or affiliate have any personal liability for any claims arising out of the Agreement unless it is proven by clear and convincing evidence that the individual, officer, or affiliate has been guilty of oppression, fraud, or malice.
17. Successors and Assigns. This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon Developer and City and the successors and assigns of Developer and City. Whenever the terms “Developer” or “City” are used in this Agreement, such terms shall include any other successors and assigns as herein provided.
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18. Project as Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.
19. Entire Agreement . This Agreement and all of its Exhibits set forth and contain the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings, or agreements which are not contained or expressly referred to herein. No testimony or evidence of an such representations, understandings, or covenants shall be admissible in any proceedings of any kind or nature to interpret or determine the terms or conditions of this Agreement.
20. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
21. Interpretation and Governing Law. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purpose of the Parties hereto, and the rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
22. Amendment. This Agreement may not be changed orally, but only by an agreement in writing signed by Developer and City. The City Manager, or the City Manager’s designee, may execute an amendment to this Agreement that is necessary to implement the provisions stated herein; provided, howeve r, that any amendment relating to the term, number of Senior Units, any of the rental restrictions under this Agreement, or the number or type of any incentives or concessions given by the City, must be approved by the City Council.
23. Counterparts. This Agr eement may be executed in two or more separate counterparts, each of which, when so executed, shall be deemed to be an original. Such counterparts shall, together, constitute and shall be one and the same instrument. This Agreement shall not be effective until the execution and delivery by the Parties of at least one set of counterparts. The Parties hereunder authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such complet ely executed counterparts shall be sufficient proof of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above.
[SIGNATURES ON NEXT PAGE]
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DEVELOPER:
Orange Blossom by Invision, LLC.
By:
_______________________________________
Its:_______________________________________
THE CITY OF REDLANDS, a California municipal
corporation
By:
_______________________________________
_________________, Mayor
ATTEST:
___________________________
________________, City Clerk
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EXHIBIT A
DESCRIPTION OF SUBJECT PROPERTY
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1 I:\cmo\Resolutions\8503 Density_Bonus_Agreement.doc-jm RESOLUTION NO. 8503
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
APPROVING A DENSITY BONUS AGR EEMENT, RELATED TO
COMMISSION REVIEW AND APPROVAL NO . 964 FOR A 108-UNIT
SENIOR HOUSING PROJECT LOCATED SOUTH OF THE ORANGE
BLOSSOM TRAIL BETWEEN GRO VE STREET AND JUDSON STREET
APNs: 0170-221-53-0000 AND 0170-221-55-0000).
WHEREAS, an application for Commission R eview and Approval No. 964 for the construction of a 108-unit apartment project for senior citizens (age 55 or older) located south of the Orange Blossom Trail, between Grove S treet and Judson Street (the Project) was submitted on May 5, 2022 by Invision Community Builders; and
WHEREAS, in conjunction with the filing o f Commission R eview and Approva l No. 964, the Project also include s a densit y and incentive/concession agreement to allow for a density increase of 3.9 dwelling units per acre (a 15% increase) to allow a total of 30.9 units per acre; and
WHEREAS, on June 13, 2023 , the Planning Commission held a public hearing and considered the staff report, oral report, the testimony and the written evidence submitted by and on behalf of the applicant and by members of the public; and
WHEREAS, following the hearing for Commission Review and Approval No. 964 , the Planning Commission determ ined that approval of the requested en titlements for is in the best interest of the public health, safety and general welfare and approved the Project; and
WHEREAS, the Density Bonus Agreement is not subject to environmental review pursuant to the California E nvironmental Quality Act (CEQA) Guidelines Section 15061(b)(3) pertaining to projects which have no potential to cause a significant environmental effect; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1. The City Council of the City of Redlands hereby determines that the Density Bonus Agreement is n ot subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (General Rule Exemption).
SECTION 2. APPROVAL OF DENSITY BONUS AGREEMENT. The proposed density bonus agreement (“Housing Incentive and/or Concession Agreement”) is hereby approved based upon the following findings pursuant to Section 18.228.070 of the Redlands Municipal Code.
1. The development project would not be a hazard or nuisance to the city at large or establish a use or development inconsistent with the goals and policies of the city's general plan;
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2 I:\cmo\Resolutions\8503 Density_Bonus_Agreement.doc-jm The proposed project for 108 dwelling units designated for senior housing (5 5+) will not be a hazard or nuisance to the City of Redlands at large. The 2035 General Plan designates the project site for High Density Residential multifamily housing, and the proposed project and land use will be consistent with several polices and act ions contained in the General Plan. The proposed project will also implement several goals and policies contained in the 2021-2029 Housing Element, particularly for senior housing and affordable housing. The proposed project will help the City achieve its housing goal numbers as determined by the Regional Housing Needs Assessment as further explained in the Housing Element.
2. The number of dwellings can be accommodated by existing and planned infrastructure capacities;
The proposed project for 108 dwe lling units designated for senior housing (55+) can be accommodated by existing and planned infrastructure capacities. The City’s Development Review Committee (including Land Use Engi neering staff and Municipal Utilities & Engineering Department) have revi ewed the proposed project plans, and all necessary infrastructure, public and private utilities, and public services will be able to adequately serve the project site and vicinity.
3. Adequate evidence exists to ensure that the development of the proper ty would result in the provision of affordable housing in a manner consistent with the purpose and intent of this chapter;
The proposed project for 108 dwelling units designated for senior housing (55+) is consistent with the applicable provisions of Stat e density bonus law (Calif. Gov. Code Sections 65915 – 65918) and the project is subject to a Density Bonus Agreement that must be included in the project entitlements . The development of the property will result in the provision of affordable housing for seniors (55+) in a manner consistent with the purpose and intent of the Redlands Municipal Code as well as applicable State law.
4. In the event that the city does not grant at le ast one financial concession or incentive as defined in state law in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs; and
The proposed project for 108 dwelling units designated for senior housing (55+) does not require any financial concessions or i ncentives from the City, and the proposed project is otherwise consistent with the applicable provisions of the City’s development standards for the Multiple Family Residential (R -3) zoning district. There are no additional concessions or incentives that w ill be necessary to ensure affordable housing costs . The proposed Density Bonus Agreement will ensure that the project provides housing for seniors (55+) in accordance with State law.
5. There are sufficient provisions to guarantee that the lower and ve ry low income units would remain affordable in the future.
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3 I:\cmo\Resolutions\8503 Density_Bonus_Agreement.doc-jm The proposed project for 108 dwelling units designated for senior housing (55+) includes a Density Bonus Agreement that will ensure the project provides housing only for seniors in accordance with the granted density bonus and applicable State law. The Density Bonus Agreement includes terms and provisions to ensure that only eligible seniors may reside in the development and have the benefit of affordable market-rate rents.
ADOPTED, SIGNED AND APPROVED this 25th day of July, 2023.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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4 I:\cmo\Resolutions\8503 Density_Bonus_Agreement.doc-jm I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 25th day of July, 2023 by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Jeanne Donaldson, City Clerk
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EXHIBIT A
Density Bonus Agreement
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City Council Meeting I. 2.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of accepting two (2) Highway Safety Improvement Program grants for projects totaling $653,600 and $245,000, respectively; rejecting one (1) Highway Safety Improvement Program grant in the amount of $718,100; and approving an additional appropriation of $808,740 for this project (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that the City Council accept two (2) Highway Safety Improvement Program grants for projects totaling $653,600 and $245,000, respectively;
1. I move that the City Council reject one (1) Highway Safety Improvement Program grant in the amount of $718,100; and
2. I move that the City Council approve an additional appropriation in an amount not-to-exceed $808,740 for this project.
3. RECOMMENDATION:
Staff recommends City Council accept two (2) Highway Safety Improvement Program grants for projects totaling $653,600 and $245,000, respectively, and reject one (1) Highway Safety Improvement Program grant in the amount of $718,100. Staff further recommends City Council approve an additional appropriation not-to-exceed $808,740 for this project.
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DISCUSSION:
In August 2022, Municipal Utilities and Engineering Department (MUED) staff submitted grant applications for funding assistance through the California Department of Transportation (CalTrans) Highway Safety Improvement Program (HSIP) for the following projects:
08-Redlands-1 - San Bernardino Avenue/Church Street Traffic Signal (Total Project Cost = $653,600)
08-Redlands-2 - Traffic Signal Head Improvements
(Total Project Cost = $245,000)
08-Redlands-3 - Traffic Signal Left Turn Phasing Improvements (Total Project Cost = $718,100)
The first project will install a new traffic signal, including left turn phasing and pedestrian controls, at the intersection of San Bernardino Avenue and Church Street. The second project will improve existing traffic signals by installing larger signal heads with reflective borders at various locations throughout the City. The third project will install protected left turn phase signals and timing at existing signalized intersections.
The HSIP manages and distributes state funds to local agencies implementing projects that will reduce fatalities and serious injuries on public streets. HSIP funding may be used for preliminary engineering, rights-of-way acquisition, construction, and construction engineering. In March 2023, MUED staff was notified that all three (3) applications were selected for HSIP Cycle 11 funding.The first application was awarded $588,240, which requires $65,360 (10%) in City matching funds, for a total project cost of $653,600. The second application was awarded $220,500, which requires $24,500 (10%) in City matching funds, for a total project cost of $245,000. The third application was awarded $359,050, which requires $359,050 (50%) in City matching funds, for a total project cost of $718,100.
At the time that MUED staff submitted the applications, staff anticipated having funding available so that the local match for the three (3) grants would be funded through the General Fund. Once awarded and after further review, staff was notified that the General Fund would not be able to support the local match of the third project. Therefore, staff is requesting City Council reject the third grant award.
Staff recommends City Council accept two (2) HSIP Grants totaling to $808,740, reject one (1) HSIP grant in the amount of $718,100, and approve an additional appropriation not-to-exceed $808,740 for this project.
Section 2.2.3 (Post Award Grant Administration) of the City Policy Manual requires City Council acceptance of these grant awards. The approved FY 23/24 Redlands Adjourned Meeting of 7-25-23
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MUED budget includes funding for the City matching funds requirements for the first two (2) projects and staff recommends City Council acceptance of these grants. Staff recommends City Council rejection of the third grant, which requires a significant additional appropriation to meet the City matching fund requirement. MUED staff will manage all Project elements, including grant administration, to ensure compliance with City policies and grant requirements.
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:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
Selina Sanchez, Grant Coordinator
PREPARED BY:
Veronica Medina, Associate Engineer
Fiscal Impact
Fiscal Year: FY 23/24
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $808,740
Budgeted Y/N: Y
Account No.: 200400; 253400
Discussion:
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Accepting the two (2) HSIP grants requires an additional appropriation of $808,740 from the Governmental Grant Fund (200400). The Grant Fund (200) will be reimbursed by the CalTrans HSIP grant program after successful completion of the projects. The local match amount of $89,860 is included in the FY 23/24 Traffic Signals Fund (253400).
Attachments
HSIP Grant Award Letter
HSIP Cycle 11 Location Map
Additional Appropriation Form
Grant Procurement Policy (Reference only)
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N 6TH ST
ALABAMA ST
W FERN AVE
GARDEN ST
CAJON ST
5TH AVE
TEXAS ST
JUDSON ST
E COLTON AVE
N CHURCH STNEVADA ST
E CITRUS AVE
5TH AVE
CRAFTON AVE
OPALAVE
NEVADA
ST FORD ST
E CITRUS AVE
E SUNSETDR
ELIZABETH ST
ALABAMA ST
W PIONEER AVE E PIONEER AVE
ORANGE ST
W SUNSET DR
BEAUMONT AVE
E REDLANDS BLVD
PALMETTO AVE
W LUGONIA AVE
ALE
SSANDR
O
RD
.
§¨¦
10 §¨¦
10 §¨¦
210
HSIP Cycle 11 Location Map
Traffic Signal Improvements
Legend
City Limits
Traffic Signal Installation
Redlands Adjourned Meeting of 7-25-23
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Redlands Adjourned Meeting of 7-25-23
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City of Redlands City Policy Manual
Grant Procurement and Administration 2.2.3
1.1.1 PURPOSE
It is the policy of the City Redlands to seek grant funds from various agencies to enhance City operations. The majority of grantors stipulate that the grantee’s procurement regulations shall be followed. However, some of the granting agencies establish rules for the procurement of goods and services. This policy establishes the responsibilities to ensure that the City follows applicable procurement rules and regulations
POLICY
It is the policy of the City of Redlands to adhere to grantor’s procurement regulations and in accordance with the City Municipal Code No. 2.16.260, titled “Federal Requirements”.
PROCEDURES FOR PROCUREMENTS WITH GRANT FUNDS
PRIOR TO THE SUBMISSION OF APPLICATIONS FOR GRANT FUNDS:
Requesting Department:
1. Applying staff must review the grant application with Finance to ensure that there is sufficient available funds and sufficient time to procure goods and services with grant funds given the expected approval date for grant funds and the restrictions for spending grant funds. Finance approval must be granted prior to submitting grant applications that require use of City Funds.
2. When Federal funds are used, the “Federal Grant Procurement” policy based on the Code of Federal Regulation (CFR) below must be followed. (Pages 8-18)
POST AWARD GRANT ADMINISTRATION:
After Receipt of Notification to Receive Grant Funds Requesting Department shall:
1. Determines the need for a procurement funded through grants.
2. Reviews the grant to identify any regulations pertaining to procurement of goods or services with the grant funds.
3. Follow the “Financial Post Award Administration” Policy below. (Pages 3-7)
4. Communicates the grant funding source (Federal, State, other) and applicable procurement regulations on the purchase requisition and via email, if necessary.
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1.1.1 Department/ Purchasing shall:
1. Reviews the received procurement regulations and incorporates them, if necessary, in the procurement process.
2. Reviews the federal list of debarred contractors (http://www.sam.gov/) prior to award of contract or any list as stipulated by grant regulations.
3. Documents the process and results in the procurement file.
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1.1.1 POST AWARD GRANT ADMINISTRATION
PURPOSE
The purpose of this policy is to provide guidance of post award grant administration to department heads, program managers, Management Services / Finance staff and other department staff to ensure compliance with the awarding agencies’ terms and conditions, as well as the policies and procedures of the City of Redlands.
POLICY
It is the policy of the City of Redlands to adhere to all established requirements for grand administration.
GRANT ACCEPTANCE
Upon receipt of the grant award from the awarding agency, the department head or program manager must prepare a Request for Council Action (RCA) for the acceptance of the grant. If the grant has a required match, the department head or program manager must clearly indicate in the RCA the source of funding for the match. The department head must also compare the department’s budget to the grant budget to determine if additional appropriation is necessary. If additional appropriation is required, the department head must complete a Request for Additional Appropriation form and obtain the recommendation/signature of the finance director or the assistant finance director and the city manager.
Once all signatures have been obtained, the department head will attach the completed form to the RCA and place the item to the City Council agenda.
The City Council will accept or reject the grant through a City Council meeting. Once approved by the City Council, the department head will forward the following documentation to Finance Division:
- Copy of the approved RCA
- Original Request for Additional Appropriation, if applicable, duly signed by the department head, finance director or assistant finance director and city manager, and noted & stamped by the city clerk
- Copy of the grant award
NEW GRANT ACCOUNT SETUP
Upon obtaining a copy of the approved RCA, grant award and the original Request for Additional Appropriation form, the Finance Division will assign a unique job ledger code and the corresponding orgkey for the grant and will notify the department head of the account code via e-mail. This will allow the City to track the revenues and expenditures for each grant separately. The Finance Division will also enter the requested additional budget appropriation items in the accounting software.
The department head or program manager should notify the Finance Division in the event of:
- Any type of modification to the original terms and conditions (i.e. change in scope of work, performance period, etc.)
- Budget amendments
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1.1.1 - There is a notification that the grant will be terminated
GRANT MASTER FILE AND FISCAL FILE
The program manager is required to maintain a grant master file in order to document all major actions from the grant award through closeout. The master file should include the following documents:
- Grant Application: Funding opportunity announcement and the original grant application that was submitted to the awarding agency.
- Grant Award Documents: Grant award, terms and conditions, assurances, award modifications, and approved RCA for the acceptance of the award. Also include subrecipient agreement if portion of the award was transferred to a subrecipient. - Financial Documents: Approved budget and budget amendments. - Grant Reports: Periodic and Final Financial and/or Performance reports including any communications regarding these reports.
- Grant Reimbursement/Payment Requests: Reimbursement/Payment Request form, supporting documents including copy of invoices, copy of transmittal letter, copy of check payment or EFT notification and copy of Deposit Transmittal Form (DTF). - General Communications: Internal or external communications pertaining to the grant.
To assist in administering the grant, the Finance Division should also maintain a fiscal file. The fiscal file contains all documentation related to the financial history of the grant. To ensure the creation of the fiscal file, the program manager should provide the following documents to Finance Division:
- Executed copy of the grant Award and approved RCA
- Terms & Conditions
- Award modifications
- Approved grant budget
- Budget modifications
- Financial Reports
- Reimbursement/Payment Requests and supporting documentation Grant files must be retained in accordance with the City of Redland’s file retention policy or, for federal awards, the retention requirements for records per 2 CFR 200-333 whichever is more restrictive.
GRANT MONITORING
The program manager is responsible for the continuous monitoring of the grant’s financial status, timelines, objectives, reporting requirements, and compliance with all applicable federal, state, and/or local regulations. The program manager must also ensure that grant expenditures are allowable, necessary, reasonable, allocable, and incurred within the grant’s period of performance.
To assist the program manager in monitoring the financial status of the grant, Finance Division will provide a grant recap/report to the program manager once a month. This report will include information, such as money already expended, remaining funding, budget to actual analysis, payments already received, grant Redlands Adjourned Meeting of 7-25-23
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1.1.1 receivable or advance payment balance and, if applicable, matching funds already provided. The program manager must review the grant recap and notify the Finance Division promptly of any discrepancies noted.
GRANT PAYMENT/REIMBURSEMENT
The program manager must only expend funds as laid out in the scope of work/grant budget and within the specified time period allowed by the grant. All supporting documentation (i.e. invoices and related backup, contracts, etc.) must be reviewed to ensure only allowable expenditures are charged to the grant.
The program manager must obtain an updated grant recap and a JL Summary report from Finance Division for the expenditure period covered by the payment request so he or she can verify the accuracy of amount being claimed before submission to the awarding agency . The program manager must see to it that reimbursement requests are prepared and submitted in accordance with the award terms and conditions.
Any payments received in advance must be used within the specified time period.
Once the payment request has been submitted, the program manager should forward a copy of the reimbursement request and any supporting documentation to Finance Division. The program manager must also complete and provide a Deposit Transmittal Form to the Revenue Division to ensure grant revenues are promptly identified and posted to the correct account code. Once payment is received, the Revenue Division will provide a copy of the processed Deposit Transmittal Form to the program manager and the Finance Division.
GRANT REPORTING
When preparing the required financial report, or the SF425 report for federal grants, the program manager must obtain a JL summary report for the period covered by the report from Finance Division to ensure accuracy of the financial data being reported. Once the financial report is prepared, it will be submitted to the department head or appropriate City management personnel for review to ensure the report is mathematically accurate and supporting documentation (i.e. JL summary report, etc.) agrees to the report. The department head or City management personnel will send the program manager an email indicating review and approval of the prepared financial report.
The program manager is responsible for complying with the due dates and other reporting requirements specified in the award terms and conditions. Once submitted, the program manager should forward a copy of the financial report to the Finance Division.
PROCUREMENT USING GRANT FUNDS
When submitting purchase requisitions with the intention of using grant funds, the department head or program manager must clearly indicate the source of funding for the procurement. The department head or program manager must also communicate to the purchasing agent or delegated staff the applicable procurement standards for the grant preferably via e-mail. The purchasing agent or delegated staff must review the grant procurement standards and incorporates them, if necessary, in the procurement process.
If Federal funding is involved, the department head, program manager and purchasing agent must ensure the procurement standards outlined in 2 CFR 200-320 and the required suspension and debarment testing- 2 CFR 200-213 - for covered transactions are met. Covered transactions include procurement of Redlands Adjourned Meeting of 7-25-23
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1.1.1 goods and services that equal or exceed $25,000, non-procurement transactions as defined in 2 CFR 180.970 and subcontracts/sub awards that equal or exceed $25,000. List of debarred or excluded vendors can be found in the System for Award Management web page and can be accessed at the following address: http://www.sam.gov. The purchasing agent or delegated staff must document the result of the sam.gov search in the procurement file and be made available to the department head, program manager, Finance Division and/or external auditors upon request.
In some cases, the City of Redlands’ procurement standards may be more restrictive than the grant’s procurement standards. For example, 2 CFR 200-320 allows the use of procurement by small purchase method when acquiring goods or services that do not cost more than the simplified acquisition threshold (currently at $150,000). In this method of procurement, informal solicitation of price or rate quotes from adequate number of sources is acceptable. However, the City of Redlands’ procurement standards require a formal bid with minimum three quotes for purchases over $50,000. In such a circumstance, the purchasing agent or delegated staff must follow the City of Redlands’ procurement standards because it is more restrictive.
CAPITAL ASSET MANAGEMENT
The program manager should notify the Finance Division of any capital assets acquired using grant funds so they can be properly identified in the capital asset schedule maintained by Finance staff.
Such assets will be accounted and managed in accordance with the terms and conditions of the grant.
Any equipment of real property funded by federal funds shall be accounted and managed in accordance with the federal requirements outlined in 2 CFR 200.310, 2 CFR 200-311, and 2 CFR 200.313. Please refer to the 2.2.2 Capital Asset Management Policy for more information.
GRANT FUNDED SALARIES AND WAGES
All payroll related costs charged to the grant must reflect actual time spent to the grant. The department head and program manager is responsible in ensuring that actual hours are charged to the grant appropriately.
If the position is 100% funded by a grant, the department head must indicate the account number with the applicable job ledger code in the employee’s Personnel Action Form (PAF). The account number distribution is then entered by the Human Resources Department in the payroll system ensuring salary charges are coded to the appropriate grant. Usually, grant-funded positions are co-terminus with the grant. In the event of any change on the employee’s employment status, the department head must promptly complete a PAF indicating the new account number with the applicable job ledger code and the start date for the status change.
Any City employee whose salary is paid in part by a grant must develop an activity log that will allow him/her to track actual time and effort performed for the grant. When completing the required bi-weekly timesheet, the employee must itemized time by activity; indicating the account number and the applicable job ledger code for each activity. The program manager will review/sign the timesheet ensuring the following: (1) total hours allocated to the grant is based on ac tual hours recorded in the employee’s Redlands Adjourned Meeting of 7-25-23
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1.1.1 activity log; and (2) the account numbers and job ledger codes being used are correct ensuring proper distribution of wages. Once reviewed, the program manager will forward the timesheet to the department head for approval/signature. Once approved by the department head, it will go to Finance Division to the attention of the payroll technician for processing.
GRANT CLOSEOUT
A grant is considered completed when all work funded by the grant is completed or the grant’s period of performance ends. If work cannot be completed within the specified period of performance, the project manager is responsible of ensuring that a continuation or no-cost extension is requested in a timely manner.
Each grant has specific closeout procedures to which the City must adhere to. The closeout documentation and the due dates for submission of required final reports and final payment request are stated in the terms and conditions of the award. The program manager must see to it that all of the required work for the grant are completed, no further expenditures are incurred after the grant’s period of performance and all invoices are paid and posted to the accounting software before finalizing the final financial report and the final payment request.
To ensure accuracy of the final financial report and final payment request, the program manager must obtain a final grant recap from the Finance Division and a JL summary report covering the grant’s period of performance. These reports must be reviewed and reconciled. Once the final financial report and final payment request have been prepared, it will be submitted to the department head or appropriate City management personnel for review to ensure they are mathematically accurate and supporting documentation agrees to the final financial report/final payment request. The department head or City management personnel will send the program manager an email indicating review and approval of the prepared final financial report/final payment request.
The program manager is responsible for complying with the due dates specified in the award terms and conditions.
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1.1.1 PROCUREMENT WITH FEDERAL GRANT POLICY
PURPOSE
The City of Redlands is a potential recipient of Federal Grant Funds and as such, is required to conform with Federal laws and standards identified in 2 CFR 200.318-326. Therefore, procurements in which Federal funds are contemplated or used must be conducted in accordance with Federal procurement requirements. This policy explains the City Procurement Policy with respect to Federally-funded procurements by providing a cross-reference between Federal procurement regulations, explains the applicable City procurement policy and how it conforms to Federal requirements.
CFR Reference: 2CFR 200.318(a)
PROCEDURES
City staff shall consult this policy when dealing with any procurements in which Federal funds are contemplated or used. This document will be updated as needed to reflect changes in Federal regulations. All procurements in which Federal funds are contemplated or used must be conducted in accordance with Federal procurement requirements. This policy explains the applicable City procurement policy and how it conforms to Federal requirements.
POLICY
GENERAL PROCUREMENT STANDARDS
CFR Reference: 2CFR 200.318
Goal
All purchasing functions are to be conducted with the highest ethical standard. Department Directors, division managers and employees must remain constantly aware of their responsibilities when spending public funds. The purchasing division will provide a purchasing process that implements and maintains the requirements of the City Municipal Code 2.16 and provide a centralized purchasing system to:
A. Establish a purchasing program providing for competitive bidding in the open market and obtaining the greatest possible advantage to the City.
B. Provide a cost effective purchasing process utilizing high ethical standards.
C. Obtain the appropriate quality of materials and services at the lowest ultimate cost and in a timely manner
D. Provide a system to purchase, using effective fiscal controls that ensure adherence to budget, expenditures and encumbrances. Obtain appropriate levels of approval as established herein.
E. Award purchases to the lowest responsive and most responsible vendors meeting specifications and city requirements.
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1.1.1 F. Promote and maintain good relationship with vendors. City staff shall deal in a professional manner and promote equal opportunity, fairness and courtesy in all vendor relations.
Staff Responsibilities
It is the responsibility of all City of Redlands staff assigned to purchase materials, equipment, supplies and services for all City functions to follow the established Procurement Process. These purchasing activities shall be conducted in the most economical and efficient manner.
Responsibilities of the Purchasing Agent/Delegated Staff Pursuant to the City Municipal Code the Purchasing Agent is responsible for administration of purchases for all City departments. The City Municipal Code provides for the delegation of some or all of the purchasing responsibilities to the Department Director and to his/her designee. With the promulgation of this provision, Department Directors are responsible for ensuring their department purchases are made in accordance with the Purchasing Guidelines. The Purchasing Agent is responsible for oversight of the Purchasing office and to ensure adherence to the rules and regulations of the City Municipal Code
2.16. The Purchasing Agent will provide assistance to Department Directors/designees to comply with the requirements of the purchasing.
The Department Director may delegate the authority of procurement to staff member(s) within his/hers department and division. The designated staff carries the full responsibility for the purchasing processes designated to them.
Code of Ethics
A. Regard public service as a sacred trust, giving primary consideration to the interests of the City.
B. Purchase the best value obtainable, securing the maximum benefit for each tax dollar expended.
C. Allow for full and open competition and not participate in uniform bidding.
D. Know and respect their obligations to the public, private sector and using agencies.
E. Accord vendor representatives courteous treatment remembering that they are important sources of information and assistance in buying decisions.
F. Avoid all appearances of unethical or compromising acts during interaction with vendors.
G. Ensure that any and all vendors have the opportunity to participate in the bidding procedure.
H. Strive constantly for greater knowledge of purchasing methods and of the goods and services to be procured.
I. Conduct one-self with fairness and dignity, and demand honesty in buying and selling.
J. Remember that their conduct reflects on the City.
Conflict of Interest
No officer or employee of the City having any supervisory authority to purchase any specific goods, services or construction for the City shall engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a Redlands Adjourned Meeting of 7-25-23
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1.1.1 contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.
Gratuities
The Purchasing Agent and all other officers and employees of the City are prohibited from accepting directly or indirectly from any person to whom any purchase order or contract is, or might be, awarded, any rebate, kickback, gift, money or other unlawful consideration. The offer of such gratuity to an official or employee by any supplier or contractor shall be cause for declaring such individual to be an irresponsible bidder and for preventing such supplier or contractor from bidding Pre-Solicitation
1. The Purchasing Agent and all other officers and employees of the City procuring with Federal Funds must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical purchase.
CFR Reference: 2CFR 200.318(d)
2. Where advantageous for the City, when competitively bid and awarded and to foster greater economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the City is encouraging staff to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services as per Redlands Municipal Code 2.16.210 CFR Reference: 2CFR 200.318(e)
3. The City is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.
CFR Reference: 2CFR 200.318(g)
Post-Solicitation
1. The City must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.213 Suspension and debarment.
CFR Reference: 2CFR 200.318(h)
2. The City must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.
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1.1.1 CFR Reference: 2CFR 200.318(i)
3. The City may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.
In addition, since time-and-material type contract generates an open-ended contract price, a time-and- materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk.
Further, City staff must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls CFR Reference: 2CFR 200.318(j)
4. The City alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its contracts.
The Federal awarding agency will not substitute its judgment for that of City staff unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction.
CFR Reference: 2CFR 200.318(k)
COMPETITION
CFR Reference: 2CFR 200.319
1. All procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:
(a) Placing unreasonable requirements on firms in order for them to qualify to do business; (b) Requiring unnecessary experience and excessive bonding; (c) Noncompetitive pricing practices between firms or between affiliated companies; (d) Noncompetitive contracts to consultants that are on retainer contracts; (e) Organizational conflicts of interest;
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1.1.1 (f) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and (g) Any arbitrary action in the procurement process.
2. City staff must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
3. City staff must have written procedures for procurement transactions. These procedures must ensure that all solicitations:
(a) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (b) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
4. City Staff must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, staff must not preclude potential bidders from qualifying during the solicitation period.
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1.1.1 METHODS OF PROCUREMENT TO BE FOLLOWED
CFR Reference: 2CFR 200.320
City staff must use one of the following methods of procurement. (a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed $3,000 (as currently defined in CFR Reference: 2 CFD 200.67 or $2,000 in the case of acquisitions for construction subject to the Davis-Bacon Act). Procurement by micro-purchase is the acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold to the extent practicable, City staff must distribute micro-purchases equitably among qualified suppliers. Micro- purchases may be awarded without soliciting competitive quotations if City staff considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold of $150,000 (as currently defined in CFR Reference: 2 CFD 200.88). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal procurement). is the acquisition of supplies or services, the aggregate dollar amount of which exceed $150,000 Bids are publicly solicited and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available; (ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (2) If sealed bids are used, the following requirements apply:
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1.1.1 (i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (ii) The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals (RFP). The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources; (3) City staff must have a written method for conducting technical evaluations of the proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (5) City staff may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.
(e) [Reserved by Code of Federal Regulations]
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1.1.1 (f) Procurement by noncompetitive proposals (Sole/Single Source). Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from City staff; or (4) After solicitation of a number of sources, competition is determined inadequate.
CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
CFR Reference: 2CFR 200.321
(a) City staff must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
PROCUREMENT OF RECOVERED MATERIALS.
CFR Reference: 2CFR 200.322
Contracts must contain a clause stating contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section Redlands Adjourned Meeting of 7-25-23
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1.1.1 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
CONTRACT COST AND PRICE
CFR Reference: 2CFR 200.323
(a) City staff must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, City staff must make independent estimates before receiving bids or proposals. (b) City staff must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for City staff under Subpart E—Cost Principles of this part. City staff may reference its own cost principles that comply with the Federal cost principles. (d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used.
FEDERAL AWARDING AGENCY OR PASS-THROUGH ENTITY REVIEW.
CFR Reference: 2CFR 200.324
(a) City staff must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is Redlands Adjourned Meeting of 7-25-23
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City of Redlands City Policy Manual
Grant Procurement and Administration 2.2.3
1.1.1 the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if City staff desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass- through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
(b) City staff must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
(1) City staff's procurement procedures or operation fails to comply with the procurement standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) City staff is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.
(1) City staff may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third party contracts are awarded on a regular basis; (2) City staff may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from City staff that it is complying with these standards. City staff must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.
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City of Redlands City Policy Manual
Grant Procurement and Administration 2.2.3
1.1.1 BONDING REQUIREMENTS.
CFR Reference: 2CFR 200.325
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold ($150,000 as currently defined in CFR Reference: 2 CFD 200.88), the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of City staff provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (To be submitted with the bidding documents)
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(To be submitted at time of contract award)
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (To be submitted at time of contract award)
CONTRACT PROVISIONS.
CFR Reference: 2CFR 200.326
City staff's contracts must contain the applicable provisions described in Appendix II to Part 200— Contract Provisions for non-Federal Entity Contracts under Federal Awards.
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City Council Meeting I. 3.
DATE: 07/25/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8507 annual purchase order requests with various vendors; an intergovernmental piggyback cooperative purchase order with Napa Auto Parts; and the award of contract to Siteone Landscape Supply for irrigation supplies and materials for the Facilities and Community Services Department; and determination that they are exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to determine that adoption of Resolution No. 8507 approving annual purchase order requests with various vendors; an intergovernmental piggyback cooperative purchase order with Napa Auto Parts; and the award of contract to Siteone Landscape Supply for irrigation supplies and materials for the Facilities and Community Services Department is exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and
1. I move to adopt Resolution No. 8507.2.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8507 approving sole/single source annual purchase order requests with various vendors; an intergovernmental piggyback cooperative purchase order with Napa Auto Parts; and the award of contract to Siteone Landscape Supply for irrigation supplies and materials.
Staff further recommends that the City Council determine that the approval of the Redlands Adjourned Meeting of 7-25-23
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purchase orders and award of the contract with Siteone Landscape Supply are exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act.
DISCUSSION:
The City's Facilities and Community Services Department regularly procures supplies and services to support field operations throughout the City. To accommodate these purchases, and in accordance with the City's purchasing policy, staff is seeking approval for the following:
1. Various sole/single source purchases for which no bids were obtained. In accordance with the City's purchasing policy, these purchases require City Council approval if in excess of $30,000. Requests for sole/single source purchase orders are reflected in Exhibit "A" of the Resolution for a variety of original equipment manufacturer (OEM) replacement vehicle parts, services needed to dispose of bulky solid waste items, services needed to operate and maintain the City's fleet, including the LCNG fuel station and shelter services needed to support Homeless Solutions Division.
2. An intergovernmental/piggyback (cooperative) purchase order. In accordance with the City's purchasing policy, these purchases require Council approval in excess of $50,000. The request for a cooperative purchase order is reflected in Exhibit "B" of the Resolution for the supply of as-needed automotive repair parts.
3. An annual purchase order for irrigation supplies and parts. In preparation for obtaining an annual purchase order for Fiscal Year 2023-24, staff advertised requests for bids. On April 17, 2023, the City Clerk received and opened two bids. Staff evaluated the bids for verification of the total price as shown in the table below. Imperial Sprinkler Supply was the apparent low bidder, but did not meet bidding requirements for proximity to the corporate yard. Siteone Landscape Supply met all the bidding requirements and was deemed the apparent low bidder. The total annual purchase order amount is not-to-exceed $68,087.00 for a period of one year.
Vendor Name Bid Amount
Imperial Sprinkler Supply, Anaheim, CA $66,625.79
Siteone Landscape Supply, San Bernardino, CA $68,087.00 The proposed projects are exempt from further environmental review pursuant to Section 15301 of the California Environmental Quality Act guidelines. This section includes the operation, repair, and maintenance of existing facilities where there is no expansion of use. The proposed agreements are consistent with this exemption as they involve the purchase of goods and services that will Redlands Adjourned Meeting of 7-25-23
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be used to maintain existing facilities and will not expand the use of those facilities.
ALTERNATIVES:
City Council may choose to reject the requests and provide further direction to staff.
STRATEGIC PLAN:
Not Applicable.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Janice McConnell, Assistant City Manager
Chris Boatman, Assistant City Manager
PREPARED BY:
Jocelynn Butters, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023-24
Account No.: Various
Discussion:
Funding for these annual purchase orders and award of contract is included in the Homeless Services, Building Maintenance, Cemetery, Equipment Maintenance, and Solid Waste Operating Budgets for FY 2023-24 as approved by City Council.
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Attachments
A. Resolution No. 8507
B. Sole Source Request Forms
C. Cooperative Purchasing Request Form
D. City Clerk Bid Report
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1 I:\cmo\Resolutions\8507_FCS_Annual_PO_FY_2023-24.docx - jm RESOLUTION NO. 8507
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 2023-24
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 202 3-24, to support City operations a nd in accordance with the City’s purchasing policy, the following single/sole source purchase order requests, cooperative purchase orders, annual purchase orders have been prepared for the City Council’s consideration and are attached hereto as Exhibits “A,” and “B” respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section1. The City Council hereby approves the single/sole source purchase order requests for Fiscal Year 202 3-24 with Amrep; Clean Energy C ryogenics, a subsidiary of Clean Energy; Quaid Harley-Davidson; Ray Gaskin Service Inc.; Rush Truck Centers c/o Interstate Billing Services; San Bernardino County Landfill; Salvation Army; and SB Express Super 8 Motels
Section 2. The City Council hereby approves the intergovernmental/piggyback (cooperative) purchase order with 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 annual purchase order with Siteone Landscape Supply in an amount not to exceed $68,087.00.
Section 4. The City Council hereby determine s that the approval of the nine (9) single/sole source purchase orders, one (1) cooperative purchase order, and one (1) annual purchase order 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 25th day of July, 2023.
________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\8507_FCS_Annual_PO_FY_2023-24.docx - jm 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 25th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
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3 I:\cmo\Resolutions\8507_FCS_Annual_PO_FY_2023-24.docx - jm Exhibit “A”
Single/Sole Source Purchase Orders
Staff is requesting approval for the annual purchase orders for the following single/sole source vendors for the not-to exceed amounts as described below.
Original Equipment Manufacturer (OEM) New Way Parts
Vendor Purchase Order Request
Amrep $100,000
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.
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 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 2013. Using another source would cause significant delays in repairs and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime of the fuel system, and a potential reduction in LCNG sales.
Original Equipment Manufacturer (OEM) Quaid Harley-Davidson
Vendor Purchase Order Request
Quaid Harley-Davidson $30,000
Staff is requesting a single source annual purchase order with Quaid Harley -Davidson. The only manufacturing source and provider of original Harley-Davidson bodies and parts are specific to Police Department motorcycles 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. Quaid Harley-Davidson is an approved manufacturer; their location is in Loma Linda, CA, 4 miles from the corporate yard.
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4 I:\cmo\Resolutions\8507_FCS_Annual_PO_FY_2023-24.docx - jm
Original Equipment Manufacturer (OEM) New Way Parts
Vendor Purchase Order Request
Ray Gaskin Service Inc. $200,000
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. Ray 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 close st vendor is Ruckstell California Sales Co in Fresno, CA, 279 miles 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 Rush Truck Centers c/o Interstate Billing Services. The requested parts are specific to Peterbilt 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. Rush Truck Centers is an approved seller and distributor of Peterbilt OEM parts; their location is in Fo ntana, CA, 17 miles from the corporate yard. The next closet vendor is Golden Sta te Peterbilt in Bakersfield, CA, 177 miles from the corporate yard.
Collection of Bulky Solid Waste Items
Vendor Purchase Order Request
San Bernardino County $120,000
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 $120,000 is based on historical expenditures.
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5 I:\cmo\Resolutions\8507_FCS_Annual_PO_FY_2023-24.docx - jm Single/Sole Source Agreements and Purchase Orders for the City’s Emergency Shelter Program
Vendor Purchase Order Request
Salvation Army $46,720
Staff is requesting a single source annual purchase order with the Salvation Army Redlands for the provision of emergency shelter services. Salvation Army provides women's emergency shelter with year around beds. Salvation Army shelter is the only female shelter in the local area with case management services and secure facility. Funding for this service is covered by federal, state and local grants.
Vendor Purchase Order Request
SB Express – Super 8 Motel $40,000
Staff is requesting a single source annual purchase order with the Super 8 Motel Redlands for the provision of emergency shelter services. S uper 8 provides emergency motel rooms for homeless individuals and families ranging from 1 to 7 nights. Super 8 SB Express offers case management services, accepts pets, and offers a small food pantry for homeless clients from various programs.
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6 I:\cmo\Resolutions\8507_FCS_Annual_PO_FY_2023-24.docx - jm 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. By utilizing the Sourcewell cooperative purchasing, the City can benefit from previously posted bi d 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.
Supply of As-needed Auto Parts
Vendor Purchase Order Request
Napa Auto Parts $121,000
Staff is recommending that the City Council approve the Sourcewell cooperative purchase order with Napa Auto Parts through the Sourcewell Contract Number 032521‐GPC for the supply of as‐needed auto parts. The requested annual purchase order in the amount of $121,000 is based on historical expenditures.
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City of Redlands May 15, 2023
1270 W. Park Ave., Bldg E
City of Redlands, CA 92373
Re: City of Redlands Request for “Sole Source” Verification Letter.
Dear: Tricia Swope
Amrep is a manufacturer of refuse equipment, with its factory located here in Ontario, California. The letter is to confirm that we are the only manufacturing source and provider of original Amrep Bodies and Amrep Body Parts.
Thank you for your business in the past and continued support.
Telephone 909 923-0430 1555 S. Cucamonga, Ontario, CA 91761 Fax 909 923-248 Rob Strange
National Sales Director
O: 909-923-0430 ext. 105
M: 909-215-2259
[email protected]
1555 S Cucamonga Ave.,
Ontario, CA 91761
www.amrepinc.com
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4675 MacArthur Court Suite 800
Newport Beach, CA 92660 USA
Phone: (949) 315-9959
www.cleanenergyfuels.com
April 5, 2021
M
r. Aaron Jenkins
Fleet Services Coordinator
City of Re dlands
1270 W
est Park Ave
Redlands, California 92373
Dear Mr. Jenkins:
Clean Energy, through its subsidiary, Clean Energy Cryogenics, originally constructed the City of Redland’s (“City”) Liquefied Compressed Natural Gas (“LCNG”) fueling facility in 2003. We have since provided several significant upgrades and supplied equipment and parts.
The City’s LCNG fueling facility was constructed with proprietary equipment including Cryogenics’ Station Operating Software, which controls the operations of the entire station. No other company will have the same ability to supply parts and service the City’s LCNG station.
Per your request, we have supplied a spare parts list with pricing for the major components of the City’s station. If you have any questions, please feel free to contact me
at [email protected] or (949) 315-9959.
Sincerely,
John
W. Hodgkinson
John Hodgkinson
Business Development Manager
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4675 MacArthur Court Suite 800
Newport Beach, CA 92660 USA
Phone: 949-315-9959
www.cleanenergyfuels.com
April 5, 2021
Mr. Aaron Jenkins
Fleet Services Coordinator
City of Redlands
1270 W
est Park Ave
Redlands, California 92373
Dear Mr. Jenkins:
Clean Energy, through its subsidiary, Clean Energy Cryogenics, has bee n pr oviding maintenance repair services on the City of Redland’s (“City”) Liquefied Compressed Natural Gas (“LCNG”) fu eling f acility since the completion of the station in 2003. As you know, this sound business partnership has been the result of Clean Energy’s unparalleled LCNG experience and knowledge of the City’s fueling facility.
The City’s LCNG fueling facility was constructed with proprietary equipment including Cryogenics’ Station Operating Software, which controls the operations of the entire station. Clean Energy’s unique ability to service the station was demonstrated sever al years back when a competitor wa s selected to c o mplete station repairs but was unable to restore fueling operations.
Clean Energy recommends quarterly site inspections and routine maintenance to ensure all LC
NG fueling equipment is operating properly. The quarterly site visit fee is $4,317.07. Callouts for corrective services will be billed at R&M Rates of $105 from 8a
m-5pm M-F and $160 from 5pm-8am M-F, Weekends & Holidays.
Clean Energy looks forward to continuing to service the City’s station. Thank you in advance for your consideration.
Sincerely,
John W. Hodgkinson
John Hodgkinson
Business Development Manager
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Authorized Dealers in California for New Way:
Ray Gaskin Service (FONTANA, CA)
Ruckstell California Sales Co (FRESNO, CA)
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Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.
Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition #
___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a s
pecific brand, where substitutes to the recommended vendor or brand are unacceptable, must be
accompanied by a written justification explaining the circumstances that make alternatives un
acceptable.
The City M anager w ill de termine whether t he justification is appropriate. R equ ests for exception must be supported by factual statements tha t will pass an audit.
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS
1. P
lease check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory c ompatible with existing equipment.
Existing Equipment:
Manufacturer/Model Number:
Age:
Current Estimated Value:
b. The requested product has unique design/performance specifications or quality r
equirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. T he requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-than- new cost.
f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).
2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:
4. Lis
t below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.
5. Explain what action(s) the department would take if the sole/single source services were no longer available
6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available
for audit in my department
_________________________________________________________ P
repared by Date _________________________________________________________ D
epartment Director Date Purc
hasing Approvals
_____________________________________
_________________
Purchasing Agent Approval Date
_____________________________________
__________________
City Manager Approval Date
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Intergovernmental/ Piggyback
Contract Use Request
(Attach to PR form)
The 'HSDUWPHQWrequests the purchase of the following item(s) from:
Original Contracting Entity:
Contract#:
Contract Term:
Method of original contract award:
Competitive
Non-Competitive, based on: Preferred source Sole Single source Emergency Other:
Does the original contract contain language contemplating contract extension to additional users? Yes No
Description of Product/Service intend to acquire Unit Price Total Tax
Grand Total
Please attach: vendor agreement to sale to the City AND Entity agreement/contract language allowing Piggyback Facilites and Community Services
SOURCEWELL
032521-GPC
07/01/2023-06/30/2024
✔
✔
please see attached quote for miscellaneous parts $ 121,000.00 $ 121,000.00
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Purchasing Agent Approval: Date:
City Manager Approval: ______________________________ Date: ____________________ Vendor:
Contact:
Address 1:
Address 2:
City/State/Zip:
Telephone:
Fax:
Web/E-Mail:
Delivery/Service Location
Contact:
Telephone:
Department:
Address 1:
Address 2:
Additional
Comments
UHY
Napa Auto Parts
2021 Rancho Drive, Suite 2
PO Box 8516
Redlands, CA 92375
(909) 792-2400
Tricia Swope
(909) 684-9507
Equipment Maintenace
1270 W. Park Ave, Bldg E
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NAPA Auto Parts Sourcewell Pricing Discount 1/1/2022
Category Description Category Discounts
1. Air Conditioning 52%
2. Alternators and Starters 53%
3. Batteries 46%
4. Bearings, Ball and Roller 55%
5. Belts and Hoses 48%
6. Brakes 56%
7. Electrical and Ignition 52%
8. Emissions, Sensors and Exhaust 54%
9. Engine and Drive Train 52%
10. Filters, Oil, Gas, Air and Transmission 72%
11. Gaskets and Seals 50%
12. Heating and Cooling (Engine) 53%
13. Lamps, Lighting and Mirrors 53%
14. Oils, Chemicals, Fluids and Lubricants 52%
15. Pumps, Fuel and Water 52%
16. Suspension, Shocks, Struts and Steering 52%
17. Wipers/Washers 59%
18. Winter Accessories 54%
19. General Automotive Parts 50%
20. Automotive Repair Shop Supplies and Equipment/Tools (e.g., cleaning supplies, wrenches, etc.) 46%
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032521-GPC
Rev. 10/2020 1
Solicitation Number: RFP #032521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Genuine Parts Company dba NAPA Auto Parts, 2999 Wildwood Parkway, Atlanta, GA 30339 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Aftermarket Vehicle Parts and Supplies from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 19, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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All Equipment and Products provided under this Contract must be new/current model or remanufactured to OEM standards. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. All Equipment and Products supplied pursuant to the Contract are subject to the terms of written warranties provided by the manufacturer of each Product and Equipment, and Vendor shall use reasonable commercial efforts to assist the Member in processing all warranty claims that the Member may have against a manufacturer. The manufacturer’s warranty will be the sole and exclusive remedy of the Member in connection with any claims concerning the Products and Equipment supplied pursuant to the Contract. ALL OTHER
WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. Copies of the manufacturers’ warranties are available to the Member upon request. Vendor will pass through all available warranty benefits from the applicable manufacturer to the Member to the extent permitted by contract or law.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event that any Product or Equipment does not conform to the manufacturer’s warranty, the Member may return such Product or Equipment to Vendor and Vendor will process the Member’s warranty claim with the manufacturer of the defective Product or Equipment. After the manufacturer has accepted the claim from Vendor, Vendor, as the Member’s sole and exclusive remedy and Vendor’s sole liability, shall either, at its option: (i) replace the defective Product or Equipment with a conforming Product or Equipment; (ii) repair the defective Product or Equipment; or (iii) issue a credit or refund for the price of the Product or Equipment.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
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• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. Audit results will be based upon overcharges and undercharges being combined to determine the net impact.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
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D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including reasonable attorneys’ fees, arising out of the negligent acts or omissions or intentional misconduct of Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have arisen from such negligence or intentional misconduct.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use the Trademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
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2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
d. The licenses granted under this Section 13 are subject to the respective intellectual property usage guidelines and terms and conditions of each party.
4. Vendor agrees to provide an indemnity for intellectual property claims based on intellectual property rights owned by Vendor, but cannot provide a direct copyright, trademark, or patent indemnity for the Products or Equipment supplied pursuant to the Contract, as Vendor does not manufacture the Products or Equipment. Vendor agrees to use commercially reasonable efforts to assist the Member in processing any infringement claim against the applicable manufacturer.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
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D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
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B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for direct damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
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3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor but only to the extent of Vendor’s indemnity obligations under the Contract. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds but only to the extent of Vendor’s indemnity obligations under the Contract.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. Vendor will comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications provided that any such additional requirements must be accepted in writing by Vendor for any such requirements to be binding on Vendor. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies in the event that (i)a Participating Entity will access Vendor’s Equipment, Products, or Services with United States federal funds, and (ii) Vendor has provided its prior written consent.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
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F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must endeavor to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Genuine Parts Company dba
NAPA Auto Parts
By: __________________________ By: __________________________ Jeremy Schwartz Jett Kuntz
Title: Chief Procurement Officer Title: Vice President of IBS Fleet & Government
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D 5/13/2021 | 8:56 PM CDT
5/13/2021 | 1:30 PM PDT
5/13/2021 | 9:02 PM CDT
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RFP 032521 - Aftermarket Vehicle Parts and Supplies
Vendor Details
Company Name: Genuine Parts Company dba NAPA auto Parts Does your company conduct
business under any other name? If
yes, please state:
NAPA Auto Parts
Address:
2999 Wildwood Parkway
Atlanta, Georgia 30339
Contact: Don Lachance
Email: [email protected]
Phone: 404-386-4157
Fax: 404-386-4157
HST#: 580254510
Submission Details
Created On: Thursday February 04, 2021 12:06:53
Submitted On: Wednesday March 24, 2021 12:40:50
Submitted By: Don Lachance
Email: [email protected]
Transaction #: 96dfea54-3674-46b7-9841-49ff0c0e367b
Submitter's IP Address: 136.228.200.34
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).
Line
Item Question Response *
1 Proposer Legal Name (and
applicable d/b/a, if any):
Genuine Parts Company d.b.a. NAPA Auto Parts *
2 Proposer Address: 2999 Wildwood Parkway Atlanta, GA 30339 * 3 Proposer website address: www.genpt.com *
4 Proposer's Authorized
Representative (name, title,
address, email address & phone)
(The representative must have
authority to sign the “Proposer’s
Assurance of Compliance” on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
Jett Kuntz
Vice President of IBS, Fleet & Government 2999 Wildwood Parkway Atlanta, GA 30339
[email protected]
770-855-2221 *
5 Proposer's primary contact for this
proposal (name, title, address,
email address & phone):
Don Lachance
Government Sales Manager
2999 Wildwood Parkway Atlanta, GA 30339
[email protected]
678-934-5057
*
6 Proposer's other contacts for this
proposal, if any (name, title,
address, email address & phone):
N/A
Table 2: Company Information and Financial Strength
Line
Item Question Response *
7 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Genuine Parts Company, founded in 1928, is a Fortune 200 (NYSE: GPC) service organization engaged in the distribution of automotive replacement parts, industrial replacement parts and electrical/electronic materials.
In 1928, Carlyle Fraser founded GPC with the purchase of Motor Parts Depot in Atlanta, Georgia for $40,000. He then renamed the parts store Genuine Parts Company. The original GPC store had annual sales of $75,000 and had only six employees.
Over the last 93 years, GPC, in relationship with NAPA, has grown rapidly as the number of independent car repair garage shops has increased. From the beginning, GPC stressed swift, reliable service to outflank the competition.
GPC has continued to grow through the acquisition of other companies in the automotive and industrial industries. Today, the Company serves tens of thousands of customers from more than 3,600 operations in the United States, Canada, Mexico, Australia, New Zealand, Indonesia, Singapore, France, the U.K., Germany, Poland, the Netherlands, Belgium, and China and has approximately 50,000 employees and annual revenues exceeding $19 billion.
With more than 93 years of distribution expertise, GPC’s commitment, and reputation for just-in-time service position us as a critical partner in our customers’ success.
*
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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8 What are your company’s expectations in the
event of an award?
Our expectations are to engage our 6,000+ company and independent NAPA stores and 52 distribution centers across the US to train their sales team on the benefits of our Sourcewell contract and how to reach out to current and potential members regarding their aftermarket parts needs. Additionally, we plan to service Sourcewell members with national coverage (U.S.) in the category by providing them new equipment to meet their shop equipment needs.
NAPA Canada is under the GPC umbrella, but operates as a separate entity. We feel that Canadian Sourcewell Members can utilize this response. Pricing will be different in terms of the currency and other variables. NAPA Canada also partners with Rural Municipalities Association (RMA), a sister cooperative, on certain contracts in Canada.
Between NAPA US and NAPA Canada, we attend dozens of industry events each year that allow us to promote our solutions and our contracting options through Sourcewell. The Sourcewell partnership will be a large part of our marketing and promotional focus over the life of the contract.
*
9 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
GPC has had 93 years of profitable growth and 63 years straight of increased dividends to our Stock Holders. Our company results are made public and are posted under the Investor page at www.genpt.com. We have also included our 2019 Annual Report in the attached documents for this RFP. * 10 What is your US market share for the
solutions that you are proposing?
NAPA’s government business includes municipal, state, K-12 districts and higher education customers. Based on several published sources, we estimate our aftermarket light-, medium- and heavy-duty parts market share at approximately 6 percent.
*
11 What is your Canadian market share for the
solutions that you are proposing?
In 2020, we’ve estimated the Fleet market at $3B in Canada and NAPA’s Canadian share was approximately $369M, or 12%. *
12 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
No, Genuine Parts Company has never petitioned for bankruptcy protection in our 93- year history. *
13 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Our company is both a distributor/dealer/reseller and a service provider with respect to this contract and is authorized to act as such for the products and services proposed in this RFP.
a) Distributor/Dealer/Reseller: GPC/NAPA has an internal supply chain of NAPA branded aftermarket parts and supplies that we distribute through our 52 distribution centers and 6,000+ retail stores in the US and eight distribution centers and 600+ retail locations in Canada. These stores are a mix of company-owned and independent locations that exclusively are authorized to distribute aftermarket NAPA branded parts.
The NAPA catalog of parts contains more than 465,000 SKUs of automotive parts, supplies, tools and equipment. Our network of 52 distribution centers and 6,000 retail stores (5,000 independent and 1,000 company) are the only authorized distributor and reseller of the parts that we propose in this RFP.
Our 5,000 independent stores will all be bound by this agreement and will be authorized to sell per our Sourcewell contract, should we be awarded. b) Not only is NAPA a distributor of parts, but we leverage our distribution chain that gives nightly access to inventory at all distribution centers, parts delivery services, and our relationships with vendors that allow Sourcewell customers to order directly when needed to support their fleets.
*
14 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
GPC has all the licenses necessary to purchase, warehouse, transport and distribute for the commerce contemplated in this RFP. We hold these licenses and certifications in Canada, all 50 States in the US, Guam, Mexico, Australia, and Europe for the products we distribute and services we provide throughout these countries.
*
15 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.
GPC has not been suspended or disbarred from the delivery of parts or services outlined in this RFP. *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
16 Describe any relevant industry awards or
recognition that your company has received
in the past five years
In 2019, Jett Kuntz, Vice President of NAPA IBS, was awarded the Sourcewell Pioneer award at Sourcewell’s H20 conference for his vision, commitment and drive to grow our current contracts with Sourcewell. In the last five years, our contracts have grown exponentially through Jett’s and the NAPA Fleet team’s commitment to cooperative purchasing. In their press release announcing the award, Sourcewell stated:
“Jett has supported Sourcewell’s mission beyond cooperative purchasing. He shows great respect for other people in a manner that is rarely as authentic and genuine. He is committed to the cause, confident in supporting what they commit to, and willing to go where others cannot see a way. And like the other Sourcewell Pioneers, he has always been willing to share information and ideas with fellow vendors to help them grow their contracts. He was part of our 1st Vendor Advisory Committee and remains an active committee member helping guide our growth and represent the vendor voice as we plan for Sourcewell’s future.” Our parts supply business is also awarded with the successes of our customers.
Over the past decades our NAPA customers have received hundreds of local and national awards. In Government Fleet Magazine’s 2019 Leading Fleet Awards, dozens of fleet organizations received awards of operational excellence and have attributed part of their success to NAPA. These awards are given to the best fleets for their use of industry best practices, forward-thinking initiatives and in many cases revolutionary contracting solutions. This is one of the highest honors in government fleet business.
*
17 What percentage of your sales are to the
governmental sector in the past three years
In the past five years, we have exceeded 5 percent of our Automotive Parts Group sales in the government sector. *
18 What percentage of your sales are to the
education sector in the past three years
Of our government business, approximately 12 percent of our sales are in the education market (K-12, Higher Education). *
19 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Sourcewell-Aftermarket Parts and IBS $95,000,000 NASPO ValuePoint -Aftermarket Parts, Tools & Equipment $36,000,000 E&I Educational Cooperative $550,000 Texas BuyBoard - Aftermarket Parts Oils & Lubricants $1,000,000 ST of GA $11,000,000
ST of WA $10,500,000
ST of NJ $6,800,000
ST of MA $5,500,000
ST of VA $4,500,000
ST of LA $4,600,000
ST of CA $4,800,000
ST of WV $3,400,000
ST of CT $3,200,000
*
20 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
GPC/NAPA holds no GSA schedules at this time.
*
Table 4: References/Testimonials
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number *
State of Georgia Mary Zirock
Chief Procurement Officer
404-631-1218
[email protected] *
City of Sacramento, CA Mark Stevens
Fleet Manager
916-808-5869
[email protected] *
State of Iowa Nancy Wheelock
Purchasing Agent III
Department of Administrative Services
515-725-2268
[email protected] *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
State of
Georgia
Government Georgia - GA Deliver automotive and HD parts, tools and equipment with same-
day service to all State locations.
Average size of
transaction = $12,500.
2020: $15,619,859
2019: $10,490,747
2018: $11,000,000
*
State of
Washington
Government Washington -
WA
Deliver automotive and HD parts,
tools and equipment with same-
day service to all State locations.
Average size of
transaction = $17,500.
2020: $9,138,386
2019: $10,209,336
2018: $8,800,000
*
State of New
Jersey
Government New Jersey - NJ Deliver automotive and HD parts, tools and equipment with same-
day service to all State locations.
Average size of
transaction = $9,170.
2020: $5,654,831
2019: $7,244,318
2018: $6,500,000
*
State of
Tennessee
(Sourcewell
Contract)
Government Tennessee - TN Deliver automotive and HD parts, tools and equipment with same-
day service to all State locations.
Average size of
transaction = $18,500.
2020: $5,612,763
2019: $6,173,588
2018: $6,500,000 *
Louisiana
State University
Education Louisiana - LA Deliver automotive and HD parts, tools and equipment with same-
day service to all University
locations.
Average size of
transaction = $58,777.
2020: $4,547,197
2019: $4,584,579
2018: $3,311,418 *
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
23 Sales force. Total Estimated U.S. & Canada GPC Employees = 45,000 We have a national Sourcewell sales initiative managed through Don Lachance, NAPA’s government fleet sales manager. Our 52 distribution centers also have dedicated Territory Sales Managers, Commercial Sales Managers and Wholesale Managers, comprising 400+ sellers directly in the market. Finally, our 6,000+ NAPA stores have their own direct sales teams to help promote Sourcewell opportunities.
All in, NAPA has more than 6,500 people who have a responsibility to promote and sell the Sourcewell contract in the U.S. and Canada.
*
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24 Dealer network or other distribution
methods.
GPC in 2021 owns and operates 52 distribution centers located throughout the United States that have return privileges with most of their suppliers, which protects GPC from inventory obsolescence.
These distribution centers are located in 40 states and service approximately 1,000 domestic company-owned NAPA AUTO PARTS stores located in 45 states and approximately 5,000 independently owned NAPA AUTO PARTS stores located in all 50 states. NAPA stores, in turn, sell to a wide variety of customers in the automotive aftermarket. Collectively, these independent automotive parts stores account for approximately 61% of the total U.S. APG sales and 22% of GPC’s overall total sales.
When a Sourcewell member customer orders a part, directly or online, the first resource to fulfill that request will be the nearest NAPA servicing store. If the part is in stock, it will be delivered to the customer within an agreed upon time frame, and maybe included in a daily/nightly shuttle delivery. If the part is not in stock at the nearest store, secondary and tertiary NAPA stores will be sourced from and the part will be included in a one-off or scheduled delivery. In situations where the part is not available at any nearby NAPA stores, our Distribution Centers carry millions of dollars of inventory that can be used to fulfill the request. As a final resort, we can always contact the part manufacturer directly to explore direct sourcing options.
In all situations, there is a local team of sourcing experts who are dedicated to fulfilling all requests by Sourcewell members.
*
25 Service force. As mentioned in our response to Question #23, we have more than 45,000 people dedicated to ensuring the parts Sourcewell customers need are available and delivered on time across the US and Canada.
From a product availability standpoint, having 52 DCs enables NAPA to provide product as close to the customer as possible in most states including Alaska, Hawaii, and most US Territories. This is facilitated through the DC delivery process of deliveries to all 6000 stores a minimum of 5 times per week. NAPA uses a process of vehicle registration and product data to stock our DCs and stores by ZIP code. This ensures that we have a market specific product mix in each of our stores. NAPA 's DCs have on average $6 -$ IOM in inventory. Store sizes vary in size and scope, but with 6,000 in the US alone, we have one of the best store footprints in the automotive aftermarket. NAPA has 6000 thousand stores with between 2 and 6 delivery vehicles per store servicing the Sourcewell members and hundreds of tractor trailers delivering to the stores each night.
Our personnel in each distribution center provide a comprehensive mixture of sales and product specialists that are available to service Sourcewell members. The list below illustrates the positions and the individuals focused on the sales and services contemplated in this RFP:
• Sales Manager
• District Manager
• Wholesale Manager
• Commercial Sales Managers
• Major Account Government Sales Manager
• Territory Sales Managers 3 to 5
• Commercial Sales Pro (Outside Sales Representative) one per GPC owned store, 2 to 25, depending on the number of company-owned stores • Store Sales Counter people
• Independent NAPA store owners, outside sales, and counter people In total, there are nearly 10,000 people involved in the distribution of parts to, and customer satisfaction of, all of our Sourcewell member partners. *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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26 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Our customer service program begins when the customer places an order and stays involved throughout the lifecycle of each order and the overall contract. When customers place an order directly with their servicing NAPA store, online via NAPA ProLink, or through a punchout in their enterprise system, customer service functionality is built into the process to address questions and issues as they arise.
When it comes to delivery times, NAPA’s standard metrics are as follows:
• In-Stock Parts Ordered Delivered within 60 minutes or less • Non-Stocked Parts Ordered Delivered the next day • Rare or Special Parts Ordered Delivered within 2 days NAPA has a special delivery feature that other providers do not offer. In the case of a special order part that is not available at local stores or distribution centers, Sourcewell members can access ordering from the manufacturer directly through NAPA Xpress, a function of our ProLink online cataloging portal.
For example, if a city requires a one-off starter for an uncommon police vehicle and the local NAPA store and distribution center network does not have the part in stock, they can use NAPA Xpress to connect to that starter’s manufacturer and have the part shipped directly to them, even next day, via UPS.
NAPA Xpress is also available when ordering from a store via phone – the ordering member just needs to request direct to customer shipping.
Finally, our customer service program continues after the purchase to support warranty claims on qualified products, as well as core credit and return processing. In the case of such types of return transactions, NAPA’s local team is there to facilitate the process with the local NAPA DC or directly with product manufacturers to get each Sourcewell member the parts they need and the credits they are owed. *
27 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
GPC/NAPA is a current Sourcewell contract holder and is able and willing to provide all parts and services expressed in this RFP. We have a mix of company-owned and independent NAPA stores across the country that are fully bought in on participating in any agreement that arises from this proposal. While it is up to the individual independent stores to decide whether or not to participate, any store that elects to do so will generally do so under the terms proposed and agreed upon here.
We have outlined our service and distribution network in several questions so far, so we would like to discuss our ability to promote this contract, if awarded. We have learned that educating our dealer locations on the specifics of the Sourcewell contract and their responsibilities to seek out lists of target Sourcewell contracting agencies is the first line of success for NAPA and Sourcewell.
We also have a headquarters support network that helps us stay on track with our commitments to Sourcewell and its members by monitoring contract activity and promoting the cooperative purchasing message across our entire enterprise.
The ability to provide these products and services starts and ends with effective communication and execution of the program to our 6,000 stores that deliver the value to Sourcewell members daily.
*
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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28 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
NAPA Auto Parts (UAP Inc.) has a wealth of resources, both in the field and in the office across Canada to implement large agreements such as requested by Sourcewell. We have resources at our head office in Montreal as well as in each region including the Pacific/West, Ontario, Quebec and the Atlantic. NAPA will allocate the necessary resources to ensure Sourcewell’s needs are met.
Across Canada, we have over 4,800 full-time direct employees servicing our stores, distribution centers and offices. We have a mix of company-owned and independent NAPA stores across the country that are fully bought in on participating in any agreement that arises from this proposal. While it is up to the individual independent stores to decide whether or not to participate, any store that elects to do so will generally do so under the terms proposed and agreed upon here.
The NAPA Auto Parts Division is a network made up of automotive parts and accessories stores and paint and body product stores. We have nearly 600 NAPA Auto Parts stores across Canada and over 50 NAPA CMAX Paint and Body Shop Supply Stores.
It also includes 8 distribution centers across Canada including the Atlantic, Quebec, Ontario, West and Pacific regions. Including 1 logistic center in Long Sault, Ontario.
Napa will be supporting the Sourcewell contract amongst 4 regions across Canada:
Atlantic, Quebec, Ontario and the Western region. NAPA Canada also partners with Rural Municipalities Association (RMA), a sister cooperative, on certain contracts in Canada.
*
29 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
NAPA has a strong presence in every region and is fully capable of serving the US and Canadian geographical locations described in this RFP of current and future members and represented associations. NAPA has a national presence from coast to coast across both the US and Canada. Thanks to our 6,000-store US and 600-store Canadian network and our strategic distribution center locations, we can meet all members’ needs in a short amount of time, wherever they are operating. *
30 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
NAPA stores will cover all 50 states and all areas in those states with same to next day service. NAPA also services all 10 provinces in Canada through this contract with 600 NAPA Canada/UAP stores that can offer the same services at the Canadian pricing provided in this RFP. *
31 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
There are no general contract restrictions that apply to any location in the US that NAPA services, including Hawaii, Alaska and US Territories. NAPA does not have locations in Puerto Rico. *
Table 7: Marketing Plan
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Item Question Response *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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32 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
NAPA’s general marketing program strategy to promote the contract nationally will be to provide a full array of marketing flyers, sales sheets, and announcements through announcement bulletin utilization for both the new award and updates during the contract period. The implementation of those aspects will bring visibility to the Sourcewell member in our stores through the mobilization of our field sales force.
Specific training videos have already been put in place in support of the contract we currently have to train sales management, store owners, outside salespeople, and store employees. This training will directly increase the marketability of the contract throughout our sales organization. Co-branding of our logos will be incorporated on these pieces to inform the recipients of our “regular” marketing collateral to inform that NAPA is a Sourcewell contract holder. If awarded, Sourcewell contract details will be communicated through our national bulletin process.
This program bulletin communicates to all 6,000 stores, Field Sales Management, and all direct sales teams the specifics of the new contract, the contract pricing, and the intent of the program through the contract award.
Once published, the bulletin will be available through our internal website entitled NAPA Connect. This site is where all stores and field management go to see and understand all the national account programs that NAPA provides to its stores. If awarded, Sourcewell will continue to be classified in our national account programs.
NAPA has a great deal of system or legacy knowledge built into our culture based on the number of years that we have enjoyed the contractual relationship, but our communication will not take that for granted.
NAPA has a national team dedicated to marketing and growing our most important contracts, including everything Sourcewell. In addition to training this team on selling the value of our Sourcewell contract, we have headquarters-driven digital and print marketing efforts as well. Below are several examples of our available marketing materials and efforts and samples will be provided as attached documents. • Salesforce.com – customer relationship management software that has been customized to track communications, lead progress, contract status, success metrics and more for Sourcewell prospects and existing customers. This allows our sales team to sell the program more efficiently.
• Print Materials – marketing materials available to our sales team and customers include Sourcewell customer case studies, Sourcewell benefits and process flyers, customer information packet content and more.
• Presentation Materials – our team has access to a predeveloped suite of digital content and presentation materials (PowerPoint slides) that promote the benefits of implementing Sourcewell contracts.
• Video Content – we are in the process of developing specific video content that discusses Sourcewell opportunities with existing IBS customers using the contract. These videos will be available for use in presentations, on our website, on social media and more.
• Fleet Industry Events – NAPA sales and marketing experts attend more than 50 industry events across the US and Canada each year and we make specific efforts to promote the Sourcewell contract at each one where it applies. Some of the most significant industry events we attend on a regular basis include:
National Events
o NAFA I&E www.NAFA.org o Government Fleet Expo (GFX) www.governmentfleetexpo.com o FleetCon presented by FleetPros www.FleetPros.org Regional Events
o Florida Association of Government Fleet Administrators (FLAGFA) www.FLAGFA.org
o Georgia Association of Pupil Transportation (GAPT) www.GAPTonline.org
*
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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33 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
NAPA Marketing employs a team of experts dedicated to effectively driving web traffic to various NAPA websites that promote our products and contract opportunities. The team uses search engine optimization strategies, including site metadata, to reach the widest possible audience of qualified decision makers for Sourcewell entity prospects and current members.
Social media, such as LinkedIn, is an avenue we use to both network with fleet decision makers who we can educate about Sourcewell and promote events that we will be participating in. We further participate on event websites, in digital newsletters and email blasts and mobile apps. We also promote customer and vendor awards that tie into our Sourcewell offering to grow awareness and interest in the contract. All social media efforts are tracked so we can optimize our performance with respect to driving interest in this contract.
*
34 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
We feel it is our job to educate our sales team on Sourcewell and make it an integral part of the way they sell our aftermarket solutions to governments. The materials and tools we provide to our team have been developed specifically to this end and every applicable customer we meet with is presented the Sourcewell contract option. While we will continue to drive the success of this partnership, there are clearly defined ways in which Sourcewell can help the marketing effort:
• Marketing Materials – Sourcewell can provide materials that help train our specialists and educate our customers on the benefits and procurement process of using Sourcewell contracts.
• Continuing Education – provide our team with access to Sourcewell knowledge through online training, live and digital seminars, trade show involvement and personal consulting via phone calls with your team.
• Government Contacts – supply direct access to government fleet and procurement decisionmakers who have expressed interest to you in the Sourcewell IBS contract. • Legislation – continue to drive legislative approval across the US and Canada for the ability to adopt Sourcewell contracts.
*
35 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Yes, our products are available through e-procurement and other digital platforms and we have a large number of government customers using these ordering vehicles today. The following are a few of the most common digital methods used to order from us:
• NAPA Online: Our primary online ordering portal, www.NAPAOnline.com offers a catalog of more than 500,000 parts and supplies that are available to Sourcewell members today. Ordering online allows stock and hot-shot orders to be placed by an agency and fulfilled through the local servicing NAPA store or distribution center in the most timey way possible.
• NAPA ProLink: NAPA ProLink is another exclusive online ordering and messaging system for customer shops to order NAPA branded parts from our stores or distribution centers. It gives the customer direct digital access to our catalog of more than 500,000 SKUs, all available on this contract.
• Enterprise E-Procurement: NAPA has the capability to provide digital cataloging through punchouts and EDI interfaces placed directly within a customer’s enterprise procurement system. On our e-commerce website, www.NAPAIBIZ.com, we show companies that use large eProcurement programs how to register with NAPA to access our NAPA catalog. Platforms supported include Ariba, SAP, Oracle, Epicor, Ketera, Jaggaer, Proactis/Perfect Commerce, Coupa and more. We also offer digital warehousing solutions with JD Edwards and Manhattan products.
*
Table 8: Value-Added Attributes
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Item Question Response *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Product training on all diagnostics available through NAPA AutoTech program and available online at www.NAPATraining.com. This is a fee-based training comprehensive program for classroom and web. Training / maintenance offered by most NAPA suppliers, much at no cost. No training is standard as expertise will vary from one employee to another, all training is to be scheduled and discussed. All NAPA Tools & Equipment suppliers offer suggested maintenance procedures for products sold. This would include proper installations, safety procedures and contacts for on-site installations. NAPA provides training on many levels.
Technician Training:
a. Designed for the professional technician.
b. Provided by professional certified trainers
c. Shop Management Training
d. Designed for the professional technician, shop managers e. Provided by professional certified trainers
Please find a list of available training courses attached as a supplemental upload. *
37 Describe any technological
advances that your proposed
products or services offer.
NAPA’s proposal covers multiple technological advances in the following:
• Electronic Ordering
• Product Information
• Diagnostic Repair
• eProcurement
• Audit process
• Mechanical Shop and Body Shop Estimators
• System integration, Shop management integration, ordering - NAPA currently integrates with dozens of shop management programs
• ProLink is one of the industry’s best electronic ordering interfaces. It provides catalog lookups, part images, and job “kits”, recalls last and common orders, and loads specific vehicles (which are perfect with fleets with the same type vehicles) and more. • ProLink shows parts price and availability at the local NAPA store, as well as the store’s supplying DC ProLink can be used to compare contract price with that of list so that price verification can be utilized at the time of ordering eliminates the need for calling and faxing; ordering is done online.
NAPA can work with government agencies to provide special pricing on Mitchell On Demand:
• This is a web and PC based program that aids Sourcewell members to estimate repairs for authorization.
• Provide OE repair procedures and diagnostic aids.
• Track labor and supplies to a specific asset.
• Color wiring diagrams
• Technical specifications that include optional Medium and Heavy Duty applications • Flow Charts
• Technical Service Bulletins
• Maintenance Schedule
*
38 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Our full Corporate Sustainability Plan will be provided as an attachment to this proposal. It is also available on our Sustainability page on www.genpt.com.
RCI
‐Safe Solutions - our sustainability partner - has officially launched GPC’s sustainability awareness efforts. Look for GPC’s new GROW program to highlight specific environmental efforts made by employees. The GROW program focuses on targeted campaigns that emphasize personal responsibility and spotlights GPC’s environmental heroes. GROW promotes a renewed approach of how to Reduce, Reuse and Recycle.
GPC has the following priorities in place in terms of our Green Program • Reduce Air Emissions/Efficient Delivery Routing
• Identify Pollution Prevention Opportunities
• Communicate the Message
• Practice Water Conservation
• Reduce Fuel Consumption
• Minimize Operational Waste
• Implement Energy Conservation
• Provide Green Products and Services
NAPA Markets and Sells Many Green Initiative Products
• Smart Washers
• Challenger Water In-Ground Lifts
• 3M lead free wheel weight system
• Schumacher solar battery charger/maintainers
• Energy Logic - waste oil burners
• Vortex waterborne auto paint - no solvents
• Valvoline Next Gen oil - made with recycled oil
• Recycled Batteries, remanufactured electrical and steering components *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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39 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
See attached GPC Corporate Sustainability Plan. More detail is also available on our Sustainability page at www.genpt.com.
*
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Genuine Parts Company is a publicly traded corporation. Thus, we are not a WMBE or SBE.
However, expanding opportunities for small and women and minority owned businesses is important at NAPA. A strength of the NAPA capabilities for this RFP is that we are not all corporate stores centered around a large corporate office, but we are a collection of thousands of small businesses that can support the Sourcewell contract and its members’ purchasing goals.
Our main distribution and sales channel to Sourcewell members and prospective members will be through our 6,000 retail outlets, 5,000 of which are independently owned and operated NAPA Automotive and Truck Parts stores. Based on the size and geography of these locations, many may be qualified as SBEs, WBEs, DBEs and some in HUB Zones.
As a corporation overall, we still maintain strict guidelines on diversity and inclusion in our operations.
Our commitment to—and appreciation for—diversity and inclusion at Genuine Parts Company is a part of everything we do. You can see it every time we interact with customers, collaborate with colleagues and partner with members of the community.
Across our Company, we value diversity and benefit from the exceptional insights, talents and experiences of our workforce. We believe that by embracing the differences and similarities of each individual, the work environment improves for our employees and enhances our overall business performance.
Diversity goes beyond race and gender. It celebrates and values differences in age, outlook, cultural background, lifestyle, and physical ability. We are committed to fostering an environment where everyone can contribute to our collective success.
In principle:
We want the best person for every position.
We want to provide opportunities for diversity of experience and interaction.
We want to create an environment of diverse ideas and viewpoints to ultimately arrive at better decisions.
Our commitment to Diversity and Inclusion honors the Power of Genuine Talent.
Please see our Corporate Sustainability Plan uploaded to the documents section of this proposal for more information on our corporate diversity policies. *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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41 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
NAPA Auto Parts provides a truly unique solution in the aftermarket automotive parts supply industry that benefits Sourcewell members in several ways.
First, the NAPA network is comprised of more than 5,000 small businesses that distribute our products nationwide. These are local, taxpaying employees who live and work in member communities and care about supporting their government agencies as much as their government cares about supporting them. Using these small businesses can help Sourcewell members meet their diverse purchasing initiatives across the US and Canada.
Next, NAPA has access to more than 465,000 SKUs that cover not just light-duty automotive, but a plethora of other categories that cannot all be found under any other roof.
Consolidating a member’s supply chain saves them time and money in managing their parts operation. Some unique product and service examples include:
• Nearly 5 million SKUs of MRO and Industrial products through our sister company, Motion Industries
• NAPA Filters
• NAPA Heavy Duty
• NAPA Undercar
• NAPA Electrical Sales and Under Hood
• Martin Senour Paint
• Balkamp
• NAPA Tools and Equipment
• NAPA Brakes
• NAPA Heating and Cooling
• NAPA TRACS - powerful estimating, technical information and shop management solutions
• IBIZ – enterprise/purchasing system integrations and technology solutions • Mitchell 1 and Mitchell On Demand services
Additionally, NAPA invests year over year in cutting edge technologies to help us better serve our government customers. Between online cataloging and ordering, digital fulfillment tracking at our distribution centers, reporting customization and more, we are able to use technology to optimize our supply chain and get parts to the customer faster and cheaper.
We also take part in technology innovations our customers are implementing, such as the Team Georgia Marketplace. The Team Georgia Marketplace connects the procurement tools of different state agencies all through one application to streamline the purchasing process and NAPA is a valued vendor participating in the initiative.
Furthermore, NAPA has more than 10 years of experience partnering with Sourcewell through multiple contracts. We have staff in all 50 states that have been fully trained on the inner workings of Sourcewell contracts, the benefits they provide to Sourcewell members, and how to executive contracts effectively to deliver the best solutions to our customers more quickly than anyone else.
Finally, NAPA is the pioneer of the Integrated Business Solutions (IBS) program and exclusive industry leader in the fleet vendor managed inventory industry. Providing additional value added solutions to government fleets across the US and Canada streamline their supply chain, including non-contract products such as OE parts, tires, bulk fluids and more, is one further step that NAPA takes to employ the best practices across the parts industry. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
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Item Question Response *
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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42 Do your warranties cover all products, parts, and
labor?
All products supplied pursuant to an awarded contract are subject to the terms of written warranties provided by the manufacturer of each product, and NAPA shall use reasonable commercial efforts to assist the Participating Entity in processing all warranty claims that the Participating Entity may have against a manufacturer. The manufacturer’s warranty will be the sole and exclusive remedy of the Participating Entity in connection with any claims concerning the products supplied pursuant to an awarded contract. ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
Copies of the manufacturers’ warranties are available to the Participating Entity upon request. Proposer will pass through all available warranty benefits from the applicable manufacturer to the Participating Entity to the extent permitted by contract or law.
NAPA's warranties cover all products and parts, but not all the labor. Most NAPA manufacturers will reimburse for reasonable labor costs to the extent the damage was solely attributable to a defect in the NAPA product. Each warranty is viewed on a case-by-case basis and, in some cases, labor may not apply.
Each one of NAPA 's individual parts warranties is on-line at our two websites (www.napaonline.com and www.napaprolink.com), plus warranty information is provided in the original NAPA packaging. *
43 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
NAPA has different warranties for different parts, plus different warranties for different grades of parts. As an example, NAPA utilizes both new and remanufactured components. There will be a different warranty on a new vs. a remanufactured part. The new may have a limited lifetime, whereas the warranty on a remanufactured component may be 2 years/24,000 miles.
Certain components, like filters and brake pads have warranties dependent on the level (good, better, best), but might have restrictions that could affect coverage. Example an air filter that was used in a harsh environment, say extremely dusty or in a rugged industrial setting (drilling environment) might be seen as a limitation compared to one that is strictly on road/highway usage.
*
44 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
NAPA's warranties do not have specific coverage that covers the expense of technician's travel time and mileage. However, we will provide a review and attempt to assist a Sourcewell member in working with our manufacturers to determine if the aforementioned expense and individual circumstances warrant such a claim. The defective part and repair information will need to be retained and provided upon request.
*
45 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
As NAPA is a distributor of automotive parts in the US and Canada and not a manufacturer of those parts, we do not offer any warranty repair service directly through our parts contracts. We do have NAPA AutoCare centers in the US and NAPA AutoPro centers in Canada that perform automotive repairs, but they would not fall under the scope of this proposal. *
46 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
One of the key benefits of our program is the tracking and processing of parts manufacturer warranties for our government agencies. NAPA outlines our warranty policy in each contract and has the responsibility to track and report on this for hundreds of suppliers that we procure parts from for our agency customers.
In the case where NAPA is requested to procure parts from manufacturers outside of the NAPA system, we will work with the Sourcewell member and each individual manufacturer to process warranty claims that arise. As we are not the manufacturer of such parts, though, we do not offer any warranties on them directly.
*
47 What are your proposed exchange and return
programs and policies?
NAPA stands behind our products and will accept returns on unused, normally stocked products when packaging is undamaged and the item can be re-inventoried.
Special order items may be subject to restocking fees even if the packaging is never opened. Sourcewell members should personally review special orders with their servicing NAPA store to make sure there are no questions regarding pricing, shipping, and delivery.
*
48 Describe any service contract options for the
items included in your proposal.
Our proposal is for a parts supply program. Service contract options are available through our Sourcewell NAPA IBS vendor managed inventory contract #110520 – GPC. NAPA is responding only to the parts portion of this RFP.
*
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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Table 10: Payment Terms and Financing Options
Line
Item Question Response *
49 What are your payment terms (e.g., net 10, net 30)? NAPA Auto Parts standard payment terms are Net 30 days. * 50 Describe any leasing or financing options available for use by educational or governmental entities.
NAPA does not offer leasing or financing options as part of NAPA’s parts supply program. *
51 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating entities’ purchase orders.
The order process for this proposal and contract will be determined upon the Sourcewell Member preference. Generally, the majority of orders placed by Sourcewell members will be directed at their local NAPA store. The pathway in which those orders will be received by the NAPA store would be via phone, fax, e-mail, ProLink (www.napaprolink.com), eProcurement integration (EDI or XML) or even a walk in order.
Once we receive an order with the appropriate work order or P.O. number, the store is responsible for the parts delivery service requirements of the contract.
To ensure contract compliance, the accounts for Sourcewell members are flagged at the NAPA store for transmission to NAPA Headquarters. All resulting invoices from orders are captured at the NAPA Auto Parts store, and the line item detail is transmitted to NAPA Headquarters where the data is rolled up from all the Sourcewell member’s invoices into the Sourcewell Major Account.
This allows NAPA to report consolidated sales numbers back to Sourcewell on a quarterly basis.
NAPA’s entire dealer network is included in our response. The individual NAPA Auto Parts Store will process orders as they are fulfilled, and this will be consolidated and reported by NAPA Headquarters to Sourcewell quarterly.
*
52 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Yes, traditionally NAPA accepts P-card payments from government agencies, where applicable, and does not charge additional fees for using P-cards. We take government p-card security very seriously and are doing several things to protect agencies who elect to use this payment method. When using p-cards, members may be required to obtain tokenization authorization from the store, which verifies the ownership of the card and logs the information and approval to use it for such purchases. Without this tokenization, p- cards may not be accepted by servicing NAPA stores.
*
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
53 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
NAPA’s pricing model is a product category discount model off list price. As NAPA has with previous contracts, we will continue to offer a competitive nationwide ceiling price for Sourcewell members.
NAPA’s prices on individual products shall increase and decrease throughout the term of the contract. The pricing profile/methodology shall, however, remain firm. NAPA passes on both price increases and decreases it receives from its suppliers on to the Members.
NAPA cannot provide written notice to Sourcewell every time an individual product increases in price.
The attached Sourcewell 9074 Price Profile will be implemented at the store level to all members that choose to utilize the Sourcewell contract. This pricing will be available at all company-owned and independent NAPA stores across the US.
The pricing provided by NAPA Canada differs from that provided by NAPA US but is based off of a similar model and will apply across Canada as the US pricing does across the US.
*
Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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54 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
NAPA’s proposed average discount percentages range up to 60% off list depending on the product. The attached price files illustrate discount rates for the products covered by our proposal. * 55 Describe any quantity or volume discounts or rebate
programs that you offer.
Special volume discounts and/or rebates may be offered on an individual basis, depending on the individual circumstances and the potential volume of the Sourcewell member.
NAPA may offer special one-off pricing for volume or stocking orders if requested by the Sourcewell member. These prices will be handled on an individual basis and they will not exceed the contract price.
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56 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.
NAPA agrees to deliver from time-to-time sourced goods and services to be sourced and shall include all actual net costs including our actual cost and inbound shipping, plus a maximum 25 percent additional margin. This cost plus will be calculated and agreed upon between the Sourcewell member and the local NAPA store on a case-by-case basis.
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57 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
Generally, parts and equipment are provided at the cost specified in our pricing list. NAPA does not charge Sourcewell members freight costs for standard stocking parts. Additional costs may be incurred for items outside of hard parts, such as special order shipping, training, equipment installation, etc. but these are typically non- standard line items.
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58 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
As stated in Question #57, freight is not charged on NAPA parts, barring special requests or orders. However, if a part needs to be expedited for an emergency situation, the process is very simple.
The agency lets us know the timeframe of the need, NAPA reaches out to our freight partners to estimate the cost, NAPA informs the agency of the charge and, with approval from the customer, we will agree to ship the part. In this case, the freight charge will be added to the invoice for that part as a separate line item for complete transparency.
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59 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
As we have a local presence in Alaska and Hawaii, there are no different terms or programs for these regions than in the continental US. Customer delivery distance from the servicing store will affect freight charges, but not differently in those regions. Exchange and returns are the same.
In Canada, deliveries of products will be made free of charge.
Freight charges may apply to garage equipment and emergency orders of automotive parts and accessories in which case Sourcewell members will have first agreed to the additional freight charges.
Additional shipping costs are determined on case-by-case basis and are dependant on the items being shipped. It typically affects larger items (i.e. hoists) where costs are determined at the time of sale.
NAPA works with our supplier network to provide a delivery method to “Drop Ship”. In certain circumstances, such as large quantities or large products, it is a method we can offer to Sourcewell members.
Offshore shipping will be established as “as needed” and agreed to by the NAPA store and the Sourcewell Member.
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Bid Number: RFP 032521 Vendor Name: Genuine Parts Company dba NAPA auto Parts DocuSign Envelope ID: 6BEC61CF-A289-4E75-8558-9EBBBC8A9C9D Redlands Adjourned Meeting of 7-25-23
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60 Describe any unique distribution and/or delivery methods or options offered in your proposal.