CITY OF REDLANDS
CITY COUNCIL
SUCCESSOR AGENCY
A G E N D A S
NOVEMBER 7, 2023
EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore
DENISE DAVIS
Council Member
JENNA
GUZMAN-LOWERY
Council Member
MARIO SAUCEDO
Council Member
***
JEANNE DONALDSON
City Clerk
PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN JR.
City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:
TUESDAY, NOVEMBER 7, 2023
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):
Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
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to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.
In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.
PLEASE NOTE: Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.
To provide comment while participating from Council Chambers:
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After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.
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Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):
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5:00 P.M.
A. Call City Council Meeting to Order
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session
1. Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: 0173-231-23-0000 and 0173-231-26-0000, The England Grove Agency
Negotiators:
Charles M. Duggan, City Manager; Christopher Boatman, Assistant City Manager
Negotiating Party: Meritage Homes of California, Inc
Under Negotiation: Terms of payment and price of possible purchase of properties by the City 6:00 P.M.
E. Reconvene City Council Meeting
F. Invocation by Council Member Guzman-Lowery
Pledge of Allegiance by the Friendly Helpers of Kimberly Elementary School (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) G. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
H. Presentations
1. Redlands Pet Adoption (Redlands Animal Services)
2. Proclamation presentation to Assemblymember Eloise Gomez Reyes for her work in securing a $2,000,000 state budget appropriation for the Museum of Redlands Construction Completion (Mayor Pro Tem Barich)
I. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) J. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)
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1. Approve regular meeting minutes of October 17, 2023 (City Clerk Donaldson)
2. Proclamation recognizing Assemblymember Eloise Gomez Reyes for securing a $2,000,000 state budget appropriation for the Museum of Redlands Construction Completion (Mayor Pro Tem Barich)
3. Approve Final Map for Tract No. 20336 prepared and submitted by MLC Holdings, LLC. (Development Services Director Desatnik)
4. Accept the donation from the University of Redlands of $22,322, and authorize the expenditure of $3,500 on behalf of the City and the A. K. Smiley Public Library as designated by the University of Redlands, and approve additional appropriations totaling $18,822 for the corresponding expenditures in the Police and Fire Departments (Management Services/Finance Director Garcia)
5. Approve a ratification of the Memorandum of Understanding and Sub-Agency Agreement between the San Bernardino County Sheriff/Coroner/Public Administrator (County) and the Redlands Police Department (RPD) for the use of the LexisNexis Accurint Virtual Crime Center/Accurint Crime Analysis (AVCC/ACC) software and an additional appropriation of $12,397.50 to RPD (Police Chief Tolber)
6. Approve a Side Letter Agreement between the City and the Redlands Civilian Safety Employees Association (Assistant City Manager McConnell)
7. Approve a two-year policy renewal with California Dental Network providing dental insurance coverage for City employees (Assistant City Manager McConnell)
8. Approve the First Amendment to the Public Works Contract with Onyx Paving Company, Inc. for the 2022 Alley Paving Improvements Project to extend the time for the completion by sixty-five (65) calendar days to January 6, 2024 (Municipal Utilities and Engineering Director Harris)
9. Approve the First Amendment to the Public Works Contract with CEM Construction Corporation for the 2022 CIP Sewer Pipeline Replacement Project to extend the project completion time by ninety (90) calendar days to February 5, 2024 (Municipal Utilities and Engineering Director Harris)
10. Approve the Second Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC. for the Water Distribution System Supervisory Control and Data Acquisition (“SCADA”) Upgrade Project to extend the project time for completion to December 31, 2024 (Municipal Utilities and Engineering Director Harris)
11. Approve amendments to the Memorandum of Understanding and Funding Agreement with San Bernardino Valley Municipal Water District, East Valley Water District, and San Bernardino Municipal Water Department for the development of a Salt Mitigation Plan and Feasibility Study (Municipal Utilities and Engineering Director Harris)
12. Approve the First Amendment to the Agreement with Liftech Elevator Services, Inc. to extend the term of the agreement to three (3) years and amend the total compensation to an amount not-to-exceed $101,407.20 (Facilities and Community Services Director Crocker)
13. Approve the use of city resources and the request for in-kind support in the amount of $12,374.10 related to the New Year's Eve Orange Drop event hosted by the Redlands Chamber of Commerce on December 31, 2023, the sale and consumption of alcoholic beverages for the Redlands Chamber of Commerce's event; and that this item is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) November 7, 2023
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14. Approve the request for in-kind support for $3,180 related to the The Artlands Walk event hosted by The Artlands Creative to be held on December 9, 2023; approve a request to temporarily close East Vine Street, from Cajon Street to 6th Street, and Civic Center parking lot; authorize the request for the sale and consumption of alcoholic beverages at the event; 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)
K. Communications
1. Annual Report of the Citrus Preservation Commission by Chairman Michael Day (Facilities and Community Services Director Crocker)
2. Sister Cities Hino, Japan Visit Report (Mayor Tejeda)
3. City Council Priorities: Northside Economic Development (Development Services Director Desatnik)
L. New Business
1. Consideration of Fiscal Years 2023 & 2024 Mid-Biennium Budget Update (Management Services/Finance Director Garcia)
2. Consideration of Salary Resolution No. 8520 establishing a Salary Schedule and Compensation Plan for City Employees and Rescinding Resolution No. 8504 (Assistant City Manager McConnell)
3. Consideration of the First Amendment to the Non-Professional Services Agreement with Synagro-WWT, Inc., for wastewater bio-solids hauling and disposal, to increase the total not to exceed amount to $1,190,000; and determine that approval of the Amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
4. Consideration of a Professional Services Agreement with TKE Engineering, Inc. for an amount not-to-exceed $358,380 to prepare construction plans, specifications, and cost estimates for the Water Pipeline and Highline Replacement Project, and determination that approval of this Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
N. Adjournment
The next regular meeting of the City Council will be held on November 21, 2023 O. Successor Agency of the former Redevelopment Agency of the City of Redlands
1. Call regular meeting of the Successor Agency Board of Directors to order.
2. Public Comment
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2. Public Comment
(At this time, the Agency Board will provide an opportunity for the public to address them on any subject, within the jurisdiction of the Successor Agency of the former Redevelopment Agency of the City of Redlands, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
3. Approve the regular meeting minutes of October 3, 2023 (Secretary Donaldson)
4. Adjourn Successor Agency Board of Directors' meeting The next regular meeting of the Agency will be held on December 5, 2023.
If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.
Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.
Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org
. Agendas, staff reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org.
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City Council/Successor Agency Meeting J. 1.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve regular meeting minutes of October 17, 2023 (City Clerk Donaldson)
MOTION:
I move to approve the regular meeting minutes of October 17, 2023.
Attachments
Regular meeting minutes of October 17, 2023
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City Council/Successor Agency Meeting J. 2.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Proclamation recognizing Assemblymember Eloise Gomez Reyes for securing a $2,000,000 state budget appropriation for the Museum of Redlands Construction Completion (Mayor Pro Tem Barich)
MOTION:
I move to authorize the issuance of a proclamation recognizing Assemblymember Eloise Gomez Reyes for securing a state budget appropriation of $2,000,000 for the Musuem of Redlands Construction Completion.
Attachments
Proclamation - Assemblymember Eloise Gomez Reyes
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City Council/Successor Agency Meeting J. 3.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Final Map for Tract No. 20336 prepared and submitted by MLC Holdings, LLC. (Development Services Director Desatnik) MOTION(S):
If the City Council determines that the staff recommendation is appropriate, the following motion is provided:
I move that the City Council approve the Final Map for Tract No. 20336.
RECOMMENDATION:
Staff recommends that City Council approve the Final Map for Tract No. 20336.
DISCUSSION:
The applicant is requesting approval of the Final Map for Tract Map No. 20336.
On August 10, 2021, the Planning Commission recommended City Council adoption and approval of documents related to Tentative Tract No. 20336 (Project) to subdivide 58.6 acres into a total of 317 residential lots for detached single-family homes, five lettered lots for on-site landscaping, and an 11.84-acre public park site. The Project is located on the north side of Domestic Avenue, approximately 625 feet west of Texas Street on the east side of Interstate 210.
On October 5, 2021, the City Council adopted the following resolutions for the Project:
Resolution No. 8250 - Mitigated Negative Declaration 1.
Resolution No. 8251 - Socio-Economic Cost/Benefit Study2.
Resolution No. 8252 - Measure U Findings related to conversion of agriculture.
3. Resolution No. 8253 - Specific Plan Amendment4.
Resolution No. 8254 - Bergamot Specific Plan5.
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Resolution No. 8255 - Tentative Tract Map No. 203366.
Resolution No. 8262 - Commission Review and Approval No. 9927.
The owner has complied with all conditions of approval for Tentative Tract Map 20336. The Final Map (Attachment A) has been reviewed by staff and the City’s contracted Public Land Surveyor. The Subdivision Improvement Agreement (Attachment B) and appropriate financial securities including a faithful performance bond (Attachment C) and a labor and materials bond (Attachment D) have been prepared based on the Project engineer’s estimated construction costs. These securities will ensure that off-site improvements are installed when the Project development begins.
ALTERNATIVES:
City Council may deny the Final Map for Tract No. 20336.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Christopher Boatman, Assistant City Manager
Janice McConnell, Assistant City Manager
PREPARED BY:
Sean Reilly, Principal Planner
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: No
Appropriation Required Y/N: No
Amount: N/A
Budgeted Y/N: N/A
Account No.: N/A
Discussion:
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Discussion:
No fiscal impact is involved with this application.
Attachments
Attachment A: Tract Map No. 20336
Attachment B: Subdivision Improvement Agreement
Attachment C: Labor and Material Bond
Attachment D: Faithful Performance Bond
Resolution No. 8250 - Mitigated Negative Declaration
Resolution No. 8251 - Socio-Economic Cost Benefit Study Resolution No. 8252 - Measure U Agriculture Findings
Resolution No. 8253 - East Valley Corridor Specific Plan Amendment Resolution No. 8254 - Specific Plan No. 64 (Bergamot)
Resolution No. 8255 - Tentative Tract Map No. 20336
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CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement (“Agreement”) is made this 7th day of November, 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation, hereinafter referred to as "City," and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation, hereinafter referred to as “Subdivider.” City and Subdivider are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, Subdivider is the owner or authorized developer of property located in the City of Redlands known as Tract No. 20336 (the “Subdivision”) for which Subdivider is obligated to construct certain improvements (the "Improvements") as a condition of approval of the Subdivision; and
WHEREAS, City desires to ensure that the Improvements will be constructed in a good and workmanlike manner and in accordance with City laws; and
WHEREAS, Subdivider acknowledges that it is familiar with the provisions of the Redlands Municipal Code and the State Subdivision Map Act (Government Code section 66410 et seq.) and agrees to comply therewith; and
WHEREAS, a final map for the Subdivision has been prepared pursuant to the Redlands Municipal Code and the State Subdivision Map Act, and has been filed by Subdivider for consideration by City;
NOW, THEREFORE, in consideration of the approval and acceptance by the City Council of City of the final map for the Subdivision, and the mutual promises contained herein, the Parties agree as follows:
RECORDING REQUESTED BY:
MUNICIPAL UTILITIES AND
ENGINEERING DEPARTMENT
CITY OF REDLANDS
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)
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AGREEMENT
1. Definition and Ownership of Improvements. The Improvements include the grading, paving, construction of curbs and gutters, storm drains and sanitary sewers, water lines, utilities, street lights and all appurtenant facilities associated with the Subdivision that are shown in the plans, profiles and specifications that have been prepared by Subdivider and approved by City, and which are described in Exhibit "A." All Improvements constructed or installed pursuant to this Agreement shall become the property of City, without payment therefor, upon acceptance of those Improvements by City.
2. Time for Completion. Subject to section 25, construction of the Improvements shall be completed within thirty-six (36) months from the Effective Date of this Agreement. In the event Subdivider fails to complete construction of the Improvements within that time period, City may require Subdivider's surety to complete the Improvements, or City may complete construction of the Improvements and recoup its expenses for such work from Subdivider, or Subdivider's surety, as hereafter provided.
3. Subdivider’s Obligations to Construct Improvements. Subdivider shall:
A. Complete the Improvements, at Subdivider’s expense, in conformance with approved Improvement plans; provided, however, that the Improvements shall not be deemed to be completed until accepted by City as provided in Section 18 hereof.
B. Furnish at Subdivider’s expense the necessary materials, provisions and other supplies or equipment used for the Improvements, and a payment bond with respect to such work or labor as required by Civil Code Section 9550, for the completion of the Improvements in conformity with the Improvement plans.
C. Acquire and dedicate all rights -of-way, easements, and other interests in real property for construction and installation of the Improvements, or pay the cost of acquisition incurred by City. All rights -of-way, easements and other interests in real property shall be free and clear of liens and encumbrances. Subdivider’s obligations with regard to acquisition by City of off-site rights- of-way, easements and other in terests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private sanitary sewer, drainage, and/or utility easements or authorization to accommodate the Subdivision.
D. Commence construction of the Improvements by the time established in Section 25 of this Agreement and complete the Improvements as required by Section 2, above, unless a time extension is granted in writing by City.
E. Install all Improvement monuments required by law prior to acceptance of the Improvements by City. Individual property monuments shall be installed within thirty-six (36) months of such acceptance.
F. Install street name signs conforming to City standards. Permanent street name signs shall be installed before acceptance of the Improvements by City.
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4. Acquisition and Dedication of Property. If any of the Improvements contemplated by this Agreement are to be constructed or installed on property not owned by City or Subdivider, no construction or installation shall be commenced before:
A. The offer of dedication to City of appropriate rights -of-way, easements or other interests in real property, and appropriate authorization from property owner to allow construction or installation of the Improvements, or
B. The dedication to, and acceptance by, City of appropriate rights -of-way easements or other interests in real property, as determined by the Development Services Director, or
C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. Subdivider shall comply in all respects with the order of possession.
Nothing in this Section shall be construed as authorizing or granting an extension of time to Subdivider.
5. Security. Subdivider shall at all times guarantee Subdivider’s performance by furnishing to City and maintaining good and sufficient security as required by the Subdivision laws in accordance with Sections 66499 through 66499.10 of the Government Code, on forms app roved by City for the purposes and in the amounts as follows:
A. To assure faithful performance of the Agreement in regard to the Improvements in an amount of one hundred (100%) of the estimated cost of the Improvements; and
B. To secure payment to any contractor, subcontractor, person renting equipment, or furnishing labor and materials for the Improvements, a bond in the amount of fifty (50%) of the estimated cost of the Improvements; and
C. To guarantee or warranty the Improvements for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of ten (10%) of the estimate cost of the Improvements; and
D. Good and sufficient security in the amount of one hundred (100%) of the estimated cost of setting subdivision monuments.
E. Additional security as required by the applicable provisions of the Redlands Municipal Code.
The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced in this Agreement are hereby incorporated into this Agreement. If any security is replaced by another approved security, the replacement shall: (1) comply with all the requirements for security in this Agreement, (2) be provided to the City Engineer to be filed with the City Clerk, and upon filing (3) be deemed to have been made a part of and incorporated into this Agreement. U pon provision of a replacement security with the City Engineer and filing of a replacement security with the City Clerk, the former security may be released.
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6. Alterations to Improvement Plans.
A. Any changes, alterations, or additions to the Improvement plans, not exceeding ten (10%) of the original estimated cost of the Improvements, which are mutually agreed upon by City and Subdivider shall not relieve the Improvement security given for faithful performance of this Agreement. In the event such changes, alterations or additions exceed ten (10%) of the original estimated cost of the Improvements, Subdivider shall provide Improvement security for faithful performance as required by Section 5 of this Agreement for one hundred (100%) of the total estimated cost of the Improvement as changed, altered, or amended, less any completed partial releases allowed by Section 8 of this Agreement.
B. Subdivider shall construct the Improvements in accordance with City standards in effect on the Effective Date of this Agreement. City reserves the right to modify the standards applicable to the Subdivision and this Agreement when necessary to protect the public safety or welfare or comply with applicable Federal or State law or City ordinances. If Subdivider requests and is granted an extension of time for completion of the Improvements, City may apply the standards in effect at the time of the extension.
7. Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by City inspectors and to the shops wherein any work is in preparation. Upon completion of the Improvements, Subdivider may request a final inspection by the City Engineer or the City Engineer’s authorized representa tive. If the City Engineer, or the City’s designated representative, determines that the work has been completed in accordance with this Agreement, then the designated represen tative shall certify the completion of the Improvements to the Development Services Director/City Engineer. No Improvements shall be accepted unless all aspects of work have been inspected and completed in accordance with the Improvement plans. When applicable law requires an inspection to be made by City at a particular stage of the work of constructing and ins talling such Improvements, City shall be given timely notice of Subdivider’s readiness for such inspection and Subdivider shall not proceed with add itional work until the inspection has been made and the work approved. Subdivider shall bear all costs of inspection and certification. No Improvements shall be deemed completed until written acceptance by City.
8. Release of Securities. The securities required by this Agreement shall be released as follows:
A. Security given for faithful performance of any act, obligation, work , or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection b. hereof.
B. City may release a portion of the security given for faithful performance of the Improvement work as the work progresses upon application therefor by Subdivider; provided, however, that no such release shall be for an amount less than twenty five (25%) of the total Improvement security given for faithful performance of the Improvement work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total Improvement security given for faithful performance until final completion and acceptance of the Improvements. In no event shall the City Engineer authorize a release of the Improvement security which would reduce the Redlands Regular Meeting of 11-7-2023
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C. Security given to secure payment to any contractor, subcontractors and to persons furnishing labor, materials or equipment shall, at six (6) months after the completion and acceptance of the work, be reduced to an amount equal to no less than one hundred p ercent (100%) of the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by City to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
D. No security given for the guarantee or warranty for work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Paragraph 12, the warranty period shall not commence until final acceptance of all the work and Improvements by City.
E. City may retain from any security released, an amount to sufficiently cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.
9. Injury to Improvements, Public Property or Public Utilities’ Facilities.
A. Subdivider shall replace or repair, or have replaced or repaired, as the case may be, all public Improvements, public utility facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned b y the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Owner thereof.
B. Furthermore, until such time as the Improvements are accepted by City, Subdivider shall be responsible for, and bear the risk of loss to, the Improvements. Until all Improvements required by this Agreement are fully completed and accepted by City, Subdivider shall be responsible for the care and maintenance of, and any damage to, such Improvements. City shall not, nor shall any officer or employee thereof, be liable to or responsible for any accident, loss or damage, regardless of cause, happening or occurr ing to the Improvements required by this Agreement prior to the completion and acceptance of the Improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider.
10. Permits. Subdivider shall, at Subdivider’s expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, and give all necessary notices and pay all fees and taxes required by law.
11. Default of Subdivider.
A. Default of Subdivider shall include, but not be limited to:
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(1) Subdivider’s failure to timely commence construction of the Improvements;
(2) Subdivider’s failure to timely complete construction of the Improvements; (3) Subdivider’s failure to timely cure any defect in the Improvements; (4) Subdivider’s failure to perform substantial construction work for a period of twenty (20) calendar days after commencement of the work subject to force majeure;
(5) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within thirty (30) days;
(6) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) Subdivider’s failure to perform any other obligation under this Agreement.
B. City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. City shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City’s da mages in the event of default by Subdivider. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City’s damages for Subdivider’s default shall be measured by the cost of completing the required Improvements. The sums provided by the Improvements security may be used by City for the completion of the Improvements in accordance with the Improvement plans contained herein.
C. In the event of Subdivider’s default under this Agreement, Subdivider authorizes City to perform such obligation if not cured within twenty (20) days after mailing written notice of default to Subdivider and Subdivider’s surety, and agrees to pay the entire cost of such performance by City. City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s surety shall be liable to City for any excess cost of damages occasioned City thereby. In such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to Subdivider as may be on the site of the work and necessary fo r performance of the work.
D. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this subsection is in addition to, and not in lieu of, other remedies available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of City.
E. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to fees and charges of architects, engineers, at torneys and other professionals, and court costs.
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F. The failure of City to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider.
12. Warranty. Subdivider shall guarantee or warrant the Improvements undertaken pursuant to this Agreement for a period of one (1) year after acceptance of the Subdivision by City against any defective work or labor done or defective materials furnished. If within the warranty period any work or Improvement, or part of any work or Improvement done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the Improvement plans or specifications referred to herein, Subdivider shall without delay and without cost to City repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly in accordance with this requirement, Subdivider hereby authorizes City, at City’s option to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider’s surety, and agrees to pay the cost of such work by City. Should City reasonably determine that an urgenc y requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work, and Subdivider shall pay to City the cost of such repairs.
13. Subdivider Not Agent or Employee of City. Neither Subdivider nor Subdivider’s agents, contractors or subcontractors are or shall be considered to be agents or employees of City in connection with the performance of Subdivider’s obligations under this Agreement.
14. Environmental Warranty. Prior to the acceptance of any property dedications or Improvements by City, Subdivider shall certify and warrant that neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law.
Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of:
A. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
B. Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
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8 I:\cmo\Agreements\Meritage Homes of California Subdivison Improvement Agreement Tract 20336 FY22-0293.docx-ms C. Subdivider’s discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
15. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of the Improvements pursuant to the provisions of the City ordinances providing therefor, nor shall anything in this Agreement commit City to any such apportionment.
16. Subdivider’s Obligation to Warn Public during Construction. Until final acceptance of the Improvements by City, Subdivider shall give good and adequate warning to the public of each and every dangerous condition extant in connection with said Improvements, and will take reasonable actions to protect the public from such dangerous conditions.
17. Vesting of Ownership. Upon formal final acceptance of the Improvements by City and recordation of the final map for the Subdivision, ownership of the Improvements constructed pursuant to this Agreement shall vest in City.
18. Final Acceptance of Work. Acceptance of work on behalf of City shall be made by the Development Services Director after final completion and inspection of all Improvements.
Such acceptance shall not constitute a waiver of defects by City.
19. Compliance with Laws. Subdivider and its agents, employees, contractors and subcontractors shall comply with all applicable Federal, State and local rules, laws and regulations in constructing the Improvements including, but not limited to, all applicable Labor Code laws.
20. Insurance.
A. City, and its elected and appointed officials, officers, employees, and volunteers shall be covered as additional insureds on the Commercial General Liability (“CGL”) policy with respect to liability arising out of work or operations performed by , or on behalf of , Subdivider including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Subdivider. General liability coverage can be provided in the form of an endorsement to Subdivider’s insurance (at least as broad as Insurance Services Office (“ISO”) Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this project, Subdivider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects City, and its elected and appointed officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by City, and its elected and appointed officials, officers, employees, or volunteers shall be excess of Subdivider’s insurance and shall not contribute with it.
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9 I:\cmo\Agreements\Meritage Homes of California Subdivison Improvement Agreement Tract 20336 FY22-0293.docx-ms Each insurance policy required by this section 20 shall provide that coverage shall not be canceled, except with prior thirty (30) days written notice to City.
B. Builder’s Risk (Course of Construction) Insurance. Subdivider may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage , with limits equal to the completed value of the project and no coinsurance penalty provisions.
C. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
D. Waiver of Subrogation. Subdivider hereby agrees to waive rights of subrogation which any insurer of Subdivider may acquire from Subdivider by virtue of the payment of any loss.
Subdivider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Subdivider, its employees, agents, and subcontractors.
E. Verification of Coverage. Subdivider shall furnish City with original Certificates of Insurance. However, failure to obtain the required documents prior to the work beginning shall not waive Subdivider’s obligation to provide them.
F. Subcontractors. Subdivider shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
G. Subdivider’s Insurance to be Primary
All insurance required by this Agreement is to be maintained by Subdivider for the duration of this Agreement and shall be primary with respect to City and non -contributing to any insurance or self-insurance maintained by City. Upon request, Subdivider shall provide City with Certificates of Insurance evidencing such insurance.
H. Worker's Compensation and Employer's Liability . Subdivider shall have Worker's Compensation and Employer's Liability insurance in an amount which meets the statutory requirements.
I. Comprehensive General Liability Insurance. Subdivider shall secure comprehensive general liability insurance covering all work under this Agreement, including work done by subcontractors, with carriers acceptabl e to City. Minimum coverage of five million dollars ($5,000,000) per occurrence for public liability, property damage and personal injury is required. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. City shall be named as an additional insured.
J. Business Auto Liability Insurance. Subdivider shall secure business auto liability coverage, with minimum limits of one million dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Redlands Regular Meeting of 11-7-2023
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10 I:\cmo\Agreements\Meritage Homes of California Subdivison Improvement Agreement Tract 20336 FY22-0293.docx-ms Subdivider owned vehicles used on the project, hired and non -owned vehicles, and employee non- ownership vehicles. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of the coverage limit s or cancellation of said policy except upon thirty (30) days prior written notice to City.
21. Indemnity/Hold Harmless.
A. City and any official or employee thereof shall not be liable for any injury to persons or property occasioned by reasons of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Su bdivider further agrees to protect, defend, indemnify and hold harmless City, and its officials and employees from any act or omission by Subdivider or its employees or agents, in connection with the work performed pursuant to this Agreement except for all claims, losses, damages, causes of action, injuries and/or liabilities to City and/or third parties caused by the negligence of City or City’s agents. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision, and the public Improvements as provided herein.
B. After acceptance of the Improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisio ns of this paragraph shall remain in full force and effect for one (1) year following the acceptance by City of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or inspecting any work or construction. The Improvement security shall not be required to cover the provisions of this paragraph.
C. Subdivider shall reimburse City for all attorney’s fees, costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys and other professionals, and court costs) incurred by City in enforcing the provisions of this section.
22. Personal Nature of Subdivider’s Obligations. All of Subdivider’s obligations under this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement, and Subdivider shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the Subdivision or any other third party without the express written consent of City.
23. Sale or Disposition of Subdivision. Subdivider may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, Subdivider may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve Subdivider of the obligations under Section 22 for the work or Improvements done by Subdivider.
24. Time is of the Essence. Time is of the essence in the performance of this Agreement.
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25. Time for Commencement of Work; Time Extensions. Subdivider shall commence substantial construction of the Improvements required by this Agreement not later than three (3) months after the Effective Date of this Agreement. In the event good cause exists as determined by the Development Services Director, the time for commencement of construction or completion of the Improvements hereunder may be extended for a period or periods not exceeding a total of two (2) additional years. The extension shall be executed in writing by the Development Services Director. Any such extension may be granted without notice to Subdivider’s surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The Development Services Director shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. Delay, other than delay in the commencement of work, resulting from an act of City, act of God, by storm or inclement weather, strikes, boycotts or similar political actions which prevent the conducting of work, which Subdivider could not have reasonably foreseen, and furthermore were not caused by or contributed to by Subdivider, shall constitute good cause for and extension of the time for comple tion. As a condition of such extension, the Development Services Director may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the Development Services Director.
26. Certificate of Satisfaction. The City Manager may, upon the determination of the Development Services Director that Subdivider has fully satisfied the obligations secured by this Agreement, at the request of Subdivider, execute and record a Certificate of Satisfaction in the official records of the County of San Bernardino evidencing Subdivider’s complian ce with, and satisfaction of, all obligations under this Agreement. Subdivider shall be responsible for the payment of all City costs associated with the preparation and recordation of such a certificate.
27. No Vesting of Rights. Performance by Subdivider of this agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.
28. Notices. Notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail , with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF) , if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
Notice to City: Development Services Department Director City of Redlands
PO Box 3005
Redlands, CA 92373
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Meritage Homes
5 Peters Canyon Road, Suite 310
Irvine, CA 92606
With a copy to: Meritage Homes
Attn: CA Regional Counsel
18655 N Claret Dr. Suite 400
Scottsdale, AZ 85255
Such addresses may be changed by notice to the other Party given in the same manner as provided above.
29. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the Parties.
30. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.
31. Litigation. In the event that suit is brough t to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
32. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
33. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.
34. Interpretation. This Agreement shall be interpret ed in accordance with the laws of the State of California.
35. Jurisdiction. Jurisdiction of all disputes over the terms of this Agreement shall be in the county of San Bernardino, State of California.
IN WITNESS WHEREOF this Agreement is executed by the Parties as of the date herein above first written.
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SUBDIVIDER CITY OF REDLANDS
MERITAGE HOMES OF CALIFORNIA, INC.,
A CALIFORNIA CORPORATION
By: By:
Aaron Talarico, Vice President Charles M. Duggan, Jr., City Manager
ATTEST:
Jeanne Donaldson, City Clerk
(Notary attachment and proof of authorization
for all signatures required and must be attached)
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14 I:\cmo\Agreements\Meritage Homes of California Subdivison Improvement Agreement Tract 20336 FY22-0293.docx-ms EXHIBIT “A”
CITY OF REDLANDS
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 20336
The following plans are in the office of the Development Services Department (MUED);
Description Drawing No. No. of Sheets
Street Improvement Plans 2376-ST 25
Storm Drain Plans 2376-SD 10
Street Striping and Signage Plans 2376-TS 10
Street Light Plans 2376-SL 05
CFD Street Tree Plans 2376-TP 05
CFD City Park Plans 2376-LS1 32
Water Improvement Plans D-60744 08
Recycled Water Improvement Plans NP-00101 07
Sewer Improvement Plans F-1861 15
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15 I:\cmo\Agreements\Meritage Homes of California Subdivison Improvement Agreement Tract 20336 FY22-0293.docx-ms EXHIBIT "B"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
( a ) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. ( b ) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
MERITAGE HOMES OF CALIFORNIA, INC.,
A CALIFORNIA CORPORATION
By: Date: ___________________
Aaron Talarico, Vice President
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RESOLUTION NO. 8255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING TENTATIVE TRACT MAP NO. 20336 FOR THE SUBDIVISION OF 58.6 ACRES INTO 319 SINGLE FAMILY RESIDENTIAL LOTS AND FIVE LETTERED LOTS (SPECIFIC PLAN NO. 64 - "BERGAMOT SPECIFIC PLAN") LOCATED ON THE EAST SIDE OF INTERSTATE 210 AND THE NORTH SIDE OF DOMESTIC AVENUE (APNs 0167-031-02-0000, 0167-031- 03-0000, 0167-031-04-0000, 0167-031-05-0000, 0167-031-06-0000, 0 l 67-031- 07-0000, AND O 167-031-16-0000)
WHEREAS, MLC Holdings, LLC ("Applicant"), has filed applications for Amendment No. 46 to the East Valley Corridor Specific Plan (Specific Plan 40), Specific Plan No. 64, Tentative Tract Map No. 20336, and Commission Review & and Approval No. 992 for a 317 lot single family residential development on properties located generally on the east side of Interstate 21 O and the north side of Domestic A venue, and approximately 625 feet west of Texas Street, consisting of county of San Bernardino Assessor Parcel Nos. 0167-031-02-0000, 0 l 67-031-03- 0000, 0167-031-04-0000, 0167-031-05-0000, 0167-031-06-0000, 0167-031-07-0000, and 0167- 031-16-0000 ( collectively, the "Project"); and
WHEREAS on July 29, 2021, notice of the Planning Commission's public hearing for the Project and related Project was published in the Redlands Daily Facts and notices were mailed to property owners within a 3_00 foot radius; and
WHEREAS, on August 10, 2021, the Planning Commission held a public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the Project, and recommended to the City Council that the Tentative Tract Map No. 20336 be adopted; and WHEREAS, on September 21, 2021, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Commission, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public;
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 approves Tentative Tract Map No. 20336 for the Project subject to the Conditions of Approval from the Development Services Department, Municipal Utilities & Engineering Department, Facilities & Community Services Department, and Fire Department attached hereto as Exhibits "A," "B," "C," and "D" and based upon the following findings:
Tentative Tract Map No. 20336 Findings:
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1) The proposed map is consistent with the General Plan or any applicable specific plan, or other applicable provisions of the Redlands Municipal Code.
The proposed map will be consistent with the General Plan. The project's Low Density Residential land use designation allows for 0-6 units per acre and the project has been designed at
5.4 units per acre. The tentative tract map is also consistent with the policies contained within the General Plan, which encourages small-lot subdivisions. The proposed map will be consistent with the specific plan, processed concurrently, as the map implements the specific plan and meets all of the specific plan's development standards. The proposed map will also be consistent with the provisions of the Redlands Municipal Code.
2) The site is physically suitable for the proposed type of development.
The project site is physically suitable for the type of development. The site has a relatively flat grade with a very gradual 2 percent fall towards the west over distance, and is large enough at 58 acres to subdivide into 317 residential lots and 5 lettered lots and incorporate on-site circulation.
On-site and off-site improvements proposed as part of the project's design will ensure the property is consistent with adjacent developments and mitigate potential impacts to traffic and other environmental factors to a less than significant level. 3) The site is physically suitable for the density of the development.
The maximum density allowed within the Low Density Residential Land Use Designation is six(6) units per acre. The project is designed at 5.4 units per acre. The project site is relatively flat in topography, and does not include the creation of residential lots on land with slopes exceeding 15%. As such, the site is physically suitable for the density of development proposed. 4) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design of the subdivision and proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. Based on the Initial Study that has been prepared for the project, there are no environmental factors that cannot be mitigated to a level ofless than significant. The Initial Study/Mitigated Negative Declaration lists mitigation measures for Biological Resources, regarding pre-construction surveys for sensitive species. As such, the project is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
5) The design of the subdivision or type of improvements is not likely to cause serious public health problems.
The design of the subdivision and the type of improvements are not likely to cause any serious public health problems. An Air Quality Analysis and a Health Risk Assessment was 2 I:\Resolutions\Res 8200-8299\8255 MLC Holdings TIM 20336.docx Redlands Regular Meeting of 11-7-2023
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prepared for project and the project will be required to comply with all local, state, and federal laws addressing air quality impacts. The memorandum found that the project would cause a less than significant impact to air quality and health risks. The nature of the residential use does not involve any substantial amounts of hazardous materials, and would not cause serious public health problems.
6) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision .
The project will improve access in the immediate v1c1mty by installing public improvements such as sidewalks along Domestic Avenue and new roadways to access the project.
Additionally, public streets and pedestrian access will be provided throughout the project site. The design of the subdivision will not conflict with any easements on or through the proposed subdivision.
7) That pursuant to Section 66474.4 of the Subdivision Map Act, the land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
The subject property is not under a Williamson Act Contract pursuant to the California Land Conservation Act of 1965, and will not be detrimental or otherwise affect lands in agricultural use.
Section 2. Effective Date. This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED this 5'" ~
Paul T. Barich , Mayor
ATTEST:
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I, Jeanne Donaldson , City Clerk of the City of Redlands , hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of October, 2021
AYES : Councilmembers Foster , Tejeda , Davis, Guzman-Lowry ; Mayor Barich NOES: None
ABSENT : None
ABSTAINED: None
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EXHIBIT "A"
DEVELOPMENT SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
** Added by the Planning Commission on August 10, 2021
1. This approval is for Tentative Tract Map No. 20336 and Commission Review and Approval No. 922 to subdivide 58.6 acres into 317 single family residential lots plus five lettered lots for a new public park, landscaping, and private recreational open space (APNS:
0167-031-02-0000,0167-031-03-0000,0167-031-04-0000,0167-031-05-0000,0167-031- 06-0000, 0l 67-031-07-0000, and 0167-031-16-0000).
2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of City Council approval.
3. The issuance of any permits shall comply with all applicable provisions of the Redlands Municipal Code and Specific Plan No. 64.
4. All plans submitted to the City shall reflect the City Council approval and any other changes required by the City Council, Planning Commission and/or staff. This condition applies to the site plan, landscape plans, building elevations and materials, and all other illustrations, text, or plans submitted to the City in c01mection with this project.
5. No final inspection or Certificate of Occupancy shall be granted until all conditions of approval have been satisfied.
6. The applicant shall record the subdivision by a final tract map. No building permits shall be issued until a final tract map has been recorded.
7. The final map shall substantially confonn to the tentative map as approved by the City Council.
8. Any conditions of approval determined by the City to not be completed prior to Final Map approval shall be included within the Subdivision Improvement Agreement entered into by the developer with the City.
9. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys' fees. 5 L:\ca\Reso\8255 MLC Holdings TIM 20336.docx
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In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this pe1mit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the "Security") in a form satisfactory to the City and in the amount of Three Hundred Thousand Dollars ($300,000), to ensure applicant's performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit.
10. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City.
11. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project's approved site design, or building elevations without first consulting with the Development Services Director or designee.
12. Common open space and recreational areas shall utilize durable materials and related protection devices to protect the area from vandalism by individuals or the use of skateboards.
13. A Home Owner's Association shall be established for the tract for maintenance of lettered lots AA through AT, and B though E and their related improvements.
14. Any slopes greater in height than three feet (3') shall be provided with irrigation systems and planted with groundcover, shrubs, and trees to prevent erosion, as approved by the Development Services Department and Municipal Utilities & Engineering Department.
15. All utilities on-site shall be placed underground, including utility vaults. Prior to approval of the final map the applicant shall bond for undergrounding of utilities, and submit plans to be approved by the Development Services Director that detail undergrounding of all utilities found on-site. Bonds shall be calculated and included in any bonds required by the City of Redlands Municipal Utilities and Engineering Department.
16. A Minor Exception Permit shall be required for any wall or fence heights in excess of those listed in Specific Plan No. 64.
17. The applicant shall establish a Home Owners Association (HOA) for the care and maintenance of all property improvements held in common ownership of the subdivision.
The HOA shall be formed for the property, and Conditions, Covenants and Restrictions 6 L:\ca\Reso\8255 MLC Holdings TIM 20336.docx
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(CC&R's) shall be prepared, submitted for review and approval by the City Attorney, prior to approval of the Final Map. The HOA and the CC&R's shall cover the care and maintenance of all property and improvements held in common ownership of the subdivision.
18. Conditions, Covenants and Restrictions ('
1 CC&Rs
11 ) shall be prepared by the applicant
and approved by the City for the project. The CC&Rs shall contain the following:
a. A provision which reads substantially as follows:
11 The City shall have the right to
review and approve any proposed amendment or termination of [ the CC&Rs] when such termination or amendment would alter, amend, terminate or otherwise impair the rights of the City under those provisions of [the CC&Rs] which satisfy the conditions of approval imposed by the City for the project. All proposed amendments shall be submitted to the City's Development Services Director and shall be approved in writing by the City Attorney as a precondition of and prior to the recordation of such amendment.
11 b. A provision which reads substantially as follows:
11 [The CC&Rs] shall be covenants
running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by the City of Redlands. Although the City of Redlands shall be a beneficiary of [the CC&Rs], and shall have a right to enforce [them], the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement. 11 c. CC&Rs shall detail the ownership and maintenance requirements for Lots B, C, D and E, stating that the required open space areas for the project shall be owned and maintained by the Home Owners Association for the project in perpetuity.
Mitigation Measures
19. Biological Resources Mitigation Measure 1 (BIO-1): The Project Applicant shall implement the following measures to minimize impacts to special-status wildlife species:
Construction Monitoring and Pre-construction Surveys. Prior to the issuance of a grading permit, the project applicant shall provide evidence that a qualified Biologist has been retained. The qualified Biologist shall conduct a clearance survey of the entire project impact area, including any staging/laydown areas, no more than seven (7) days prior to initiating project activities to search for western spadefoot, California legless lizard, and San Diegan tiger whiptail. In addition, the qualified Biologist will be present on-site prior to the initiation of construction each day to monitor ground-disturbing or habitat-altering activities, verify that temporary fencing around sensitive areas is intact and in good condition (no gaps or holes), and search for special-status wildlife species that may have taken shelter under construction materials in staging/laydown areas.
If special-status wildlife species are observed during construction activities, all work within 50 feet of the animal(s) shall be stopped. At no time shall work occur within 50 feet of the 7 L:\ca\Reso\8255 MLC Holdings TIM 20336.docx
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animal without the Biological Monitor present. Any special-status wildlife species detected within the project impact area, including any staging/laydown areas, shall be allowed to move away on their own and shall not be captured or handled without authorization from the CDFW or USFWS.
Avoidance of Entrapment. To prevent inadvertent entrapment of animals during construction, all excavated, steep-walled holes or trenches more than one foot deep shall be covered at the close of each working day with plywood or other suitable material, or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals.
All pipes, culverts, or similar structures stored overnight shall be inspected before they are subsequently moved, capped, and/or buried. If at any time wildlife is discovered, the Biologist shall be contacted to determine the next steps.
Environmentally Sensitive Area Fencing. Sensitive areas, including the channelized drainage and wildlife corridor near the western project boundary or active avian nests, shall be identified by a qualified Biologist and shown on the project design plans. The installation of the fencing around these sensitive areas shall be monitored by the Biologist.
Erosion Control Materials. Project construction activities on the western side of the project site could cause sediment to enter the channelized drainage. Appropriate sediment and erosion control Best Management practices (BMPs) shall be employed during project construction to minimize sediment from entering the channelized drainage to protect water quality. To prevent wildlife from becoming entangled or trapped in erosion control materials, plastic monofilament netting (such as erosion control matting) or similar material shall not be used. Several commercially available products that are marketed as photodegradable and biodegradable contain synthetic netting, which can take several months to decompose. These products shall not be used in habitat areas. Acceptable erosion control materials are those that use natural fibers such as jute, coconut, twine, or other similar biodegradable fibers.
Worker Environmental Awareness Program. A Worker Environmental Awareness Program (WEAP) training will be implemented to educate construction workers about the presence of special-status plant and wildlife species on and near the project site. The WEAP training will be administered to construction personnel prior to the initiation of ground disturbing or vegetation/habitat altering activities. All construction personnel on the project site shall be required to attend the WEAP training. During the WEAP training, construction personnel shall be informed of the importance of avoiding ground-disturbing activities outside of designated work areas; the potential for special-status species to be present; the associated habitat for special-status species; and that is unlawful to take, harm, or harass special-status species.
20. Biological Resources Mitigation Measure 2 (BIO-2): The Project Applicant shall implement the following measures to minimize impacts to burrowing owl:
Pre-construction Survey. Prior to issuance of a grading permit, a qualified Biologist shall perform a pre-construction burrowing owl survey to, determine burrow locations within 30 days prior to construction activities using CDFW (2012) guidelines and shall provide a report to the City documenting the results of the survey. If construction is delayed or 8 L:\ca\Reso\8255 MLC Holdings TIM 20336.docx
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suspended for more than 30 days after the survey, the area shall be resurveyed. Surveys for occupied burrows shall be completed within all construction areas and within 300 feet from the proposed project work area (where possible and appropriate based on locations of barren or ruderal habitats). At least 15 days prior to the expected start ofanyproject-related ground disturbance activities, or restart of activities, the City of Redlands shall provide a burrowing owl survey report and mapping to the CDFW. Ifno burrowing owl are detected during the pre-construction survey, no further action is necessary.
If burrowing owls are detected during the pre-construction survey, the City shall consult with the CDFW and USFWS to develop and implement a Burrowing Owl Mitigation Plan that includes mitigation measures outlined in CDFW (2012) guidelines.
21. Biological Resources Mitigation Measure 3 (BIO-3): The Project Applicant shall implement the following measures to minimize impacts to nesting birds:
Pre-construction Nesting Bird Surveys. If construction or tree removal is proposed during the breeding/nesting season for migratory birds (typically February 1 through August 31 ), a qualified Biologist shall conduct pre-construction surveys for migratory birds on the project site, including a 300-foot survey buffer, no more than 3 days prior to the start of ground-disturbing activities. If construction is delayed or suspended for more than 3 days after the survey, the area shall be resurveyed to re-confirm the presence/absence of any active nests.
Monitoring of Active Nests. If an active nest is located during pre-construction surveys, the USFWS and/or the CDFW (as appropriate) shall be notified regarding the status of the nest. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or the Biologist deems disturbance potential to be minimal. Restrictions may include establishment of exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and 50-foot radius around an active non-raptor passerine bird nest) or alteration of the construction schedule.
A qualified Biologist shall delineate the buffer using nest buffer signs, environmentally sensitive area fencing, pin flags, and or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently.
22. Biological Resources Mitigation Measure 4 (BIO-4): Impacts to waters of the United States (i.e. USACE jurisdiction) would require a Section 404 Clean Water Act permit from the USACE and a Section 401 Water Quality Certification from the RWQCB. Impacts to riparian habitat under CDFW jurisdiction would require a Section 1602 Streambed Alteration Agreement from the CDFW. These permits shall be obtained p1ior to issuance of grading permits and implementation of the proposed project.
The project applicant shall ensure that the project will result in no net loss of waters of the United States by providing mitigation through impact avoidance, impact minimization, and/or compensatory mitigation for the impact, as determined in the CWA Section 404/401 permit requirements.
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Compensatory mitigation may consist of (1) obtaining credits from a mitigation bank; (2) making a payment to an in-lieu fee program that will conduct wetland, stream, or other aquatic resource restoration, creation, enhancement, or preservation activities; and/or (3) providing compensatory mitigation through an aquatic resource restoration, establishment, enhancement, and/or preservation activity. This final type of compensatory mitigation may be provided at or adjacent to the impact site (i.e., on-site mitigation) or at another location, usually within the same watershed as the permitted impact (i.e., off-site mitigation). The project/permit applicant retains responsibility for the implementation and success of the mitigation project. Evidence of compliance with this mitigation measure shall be provided prior to initiating construction and grading activities for the proposed project.
23. Biological Resources Mitigation Measure 5 (BIO-5): The Project Applicant shall implement the following project design features to minimize impacts to the project site's existing wildlife corridor and surrounding open space:
Lighting. All lighting along the west side of the project site shall be downcast luminaries with light directed away from the channelized drainage that provides the wildlife movement corridor. All lighting installed within 100 feet of the western border of the project site shall be designed to be directed away from the channelized drainage using shielded lights, low-sodium vapor lights, downcast lights, bollard lights, or other available light and glare minimization methods.
Landscaping. The project site design shall include an open space area of between approximately 15 feet (in the southwest corner of the project) and 200 feet (in the northwest corner) of the eastern slope of the channelized drainage and pmiions of the adjacent terrace, which shall be planted with drought-tolerant native shrub species. The soil surface in this zone may be covered with decomposed granite, but it shall not be irrigated. Shrub species in this corridor shall include those found in Riversidian alluvial fan sage scrub, including California buckwheat, California sagebrush, brittlebush (Encelia farinosa), deerweed (Acmispon glaber), and chaparral yucca (Hesperoyucca whipplei). A qualified Botanist who specializes in California native species shall direct plant selection and monitor their installation.
24. Geology and Soils Mitigation Measure 1 (GEO-1): If archaeological and/or paleontological discoveries are made during construction, all work in the immediate vicinity of the find shall be halted and notification made to the Development Services Department of the City of Redlands. The project proponent shall retain a qualified archaeologist or paleontologist to assess the nature and significance of the find and make recommendations prior to further disturbance.
25. Hazards Mitigation Measure 1 (HAZ-1): Prior to issuance of a grading permit, the project applicant shall submit documentation as proof, to the City Engineer, that contaminated soils encountered at Site HA-3 (as identified on Figure 3 - Phase II Sample Location Map of the project Phase I/II Environmental Site Assessment) of the project site have been disposed of at a licensed facility with confirmation sampling to show that contamination 10 L:\ca\Reso\8255 MLC Holdings TIM 20336.docx
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concentrations of remaining soils are below the U.S. Environmental Protection Agency (USEPA) Regional Screening Levels (RSLs) and/or Department of Toxic Substances Control modified Screening Levels (DTSC-SLs), as applicable.
If discolored subsurface soils or unanticipated hazardous materials are discovered, the above documentation and disposal processes shall apply. In no event shall the project applicant proceed with site grading activities at any location on the site, where OCP/Diesel contamination are found to be present above regulatory thresholds for commercial use.
26. Hazards Mitigation Measure 1 (HAZ-2): Any discolored subsurface soils or unanticipated buried objects discovered during soil excavation shall be left in place and shall reveti to Mitigation Measure HAZ-1 for protocol treatment of contaminated soils.
27. Noise Mitigation Measure 1 (NOI-1): No soccer practice or games shall be permitted on the soccer fields between the hours of 10 p.m. and 7 a.m. daily. This shall be enforced through programmed field light controls and signage placed around the soccer fields.
28. Noise Mitigation Measure 2 (NOI-2): The project applicant shall construct a minimum 6.5- foot high wall on the west side of Lots 300, 301, and 302 and a minimum 7.5-foot high wall on the west side of Lots 297,298, and 299. The walls shall be constructed of concrete masonry units (CMUs) and shall be free of any decorative cutouts or openings. This measure shall be implemented and verified by the City's Building Department, prior to the issuance of the Certificate of Occupancy for Lots 297,298,299,300,301, and 302.
29. Transportation Mitigation Measure 1 (TR-1): A construction work site traffic control plan shall be submitted to the City for review and approval prior to the issuance of a grading permit or start of any construction work. The plans shall show the location of any roadway, sidewalk, bike route, bus stop or driveway closures, traffic detours, haul routes, hours of operation, protective devices, warning signs and access to abutting properties. Temporary traffic controls used around the construction area should adhere to the standards set forth in the California Manual of Uniform Traffic Control Devices (2014) and construction activities should adhere to applicable local ordinances.
30. Tribal Cultural Resources Mitigation Measure 1 (TCR-1):_Prior to the issuance of any ground disturbance-related permits (such as grading permits), the project developer/applicant shall provide the lead agency evidence of agreements with the consulting tribe(s) for Tribal monitor(s) representing tribe(s) that participated in consultation with the Lead Agency. Tribal monitors shall be present for all project related ground-disturbing activities (which includes ground disturbing activities such as tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal, drainage and irrigation removal, hardscape removal (benches, signage, boulders, walls, seat walls, fountains, etc.), and archaeological surveys, testing, and data recovery.
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Prior to the issuance of any ground disturbance-related permits (such as grading permits), the Lead Agency shall contact and coordinate with consulting Tribe(s) as reasonably determined by the Lead Agency to facilitate communications with the Project developer/applicant so that all Parties can develop a mutually-acceptable Tribal Monitoring and Treatment Plan which includes the scope of monitoring, scheduling of monitors from individual consulting Tribe(s), and the course of action for inadvertent discoveries. The Plan shall be developed in accordance with current professional archaeology standards.
Any mitigation plan that results in the removal of cultural resources (artifacts, ecofacts, features, etc.) from their original provenience shall also include a comprehensive discussion of resource processing, analysis, curation, and reporting protocols and obligations. This Plan shall be approved and adopted by the Lead Agency prior to the of any ground disturbance-related permits. The Plan's implementation in the field shall be enforced by the Lead Agency for the life of the Project's ground disturbing activities
31. Tribal Cultural Resources Mitigation Measure 2 (TCR-2): If a tribal cultural resource is discovered within the Project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and, if necessary, an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. Representatives from the Consulting Tribes, the Project applicant/developer, and the Lead Agency shall confer regarding treatment of the discovered resource(s). No historic or prehistoric resources identified during monitoring will require preservation; however, all discoveries must be assessed for archaeological or cultural significance in adherence to CEQA, and if determined to be CEQA-significant, additional mitigation measures may be required to reduce the effect of grading impacts.
Following the securing of the discovery site from further disturbance, tribal representatives, will adhere to the stipulation for inadvertent discoveries within the Tribal Monitoring and Treatment Plan. This evaluation process may include archaeological excavations or test trenches, basic recordation, non-destructive methods for analysis of artifacts, and Native American participation in the site assessment. If that evaluation process concludes that the discovered resources are CEQA significant, then the stipulations of TCR-3 will be implemented for treatment and disposition. All final reports regarding the resource recovery fieldwork are to be submitted to the local CHRIS Information Center, the Lead Agency, and Consulting Tribe(s).
32. Tribal Cultural Resources Mitigation Measure 3 (TCR-3) California Public Resources Code 21074 defines "tribal cultural resources". In brief, a resource is a "tribal cultural resource" if it is either: (I) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe that are listed, or determined to be eligible for listing, in the national or state register of historical resources, or listed in a local register of historic resources. Pub. Resources Code,§ 21074(a)
In the event that Tribal Cultural Resources are inadvertently discovered during the course of grading for this project, the following procedures will be carried out for treatment and disposition of the discoveries:
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The landowner( s) shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and non-human remains as part of the required mitigation for impacts to tribal cultural resources. The applicant shall relinquish the artifacts through one or more of the following methods and provide the City of Redlands with evidence of same:
a) Complete avoidance and preservation in situ, or reburial of the resources in a location onsite. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloguing and basic recordation have been completed.
b) A curation agreement with an appropriate qualified repository within San Bernardino County or Riverside County that meets federal standards per 36 CFR Part 79 and therefore would be professionally curated and made available to other archaeologists/researchers for further study. The collections and associated records shall be transferred, including title, to an appropriate curation facility within Riverside County, to be accompanied by payment of the fees necessary for permanent curation. c) If more than one Native American Group is involved with the project and cannot come to a consensus as to the disposition of cultural materials, they shall be curated in a qualified repository within San Bernardino County or Riverside County that meets federal standards per 36 CFR Part 79 by default.
Should reburial of collected cultural items be preferred, it shall not occur until after the Phase IV monitoring report has been submitted to the City of Redlands. Should curation be preferred, the developer/permit applicant is responsible for all costs and the repository and curation method shall be described in the Phase IV monitoring report.
33. ** The applicant shall coordinate with the City's Cultural Arts Commission to incorporate an element of public art into the project to reflect the City's heritage, with a cost of $20,000.00 (minimum), to be installed prior to the City's acceptance of the public park.
Other Departments
34. Conditions of Approval from the following City Departments/Divisions are applicable to the project, and are hereby incorporated by reference:
a. Municipal Utilities & Engineering Department (Exhibit B) b. Facilities & Community Services Department (Exhibit C) c. Fire Department (Exhibit D)
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EXHIBIT "B"
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
CONDITIONS OF APPROVAL
[Attached]
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REDLANDS MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
DEVELOPMENT REQUIREMENTS
TENTATIVE TRACT MAP NO. 20336 AND COMMISSION REVIEW AND APPROVAL NO. 922
Date of C.C. Meeting: September 21, 2021
MLC Holdings, Inc.
Conditions were added at City
Council meeting on 10/5/2021.
See last page of this document. Applicant:
Location:
Project Description:
North Side of Domestic Avenue Approximately 700 Feet West of Texas Street (APNs: 0167-031-02, -03, -04, -OS, -06, -07, and -16 Subdivide Approximately 58 Acres into 317 Single Family Residential Lots with a 12 Acre Public Park and Private Recreational Amenities
The applicant shall comply with the following engineering requirements to allow for the orderly development of the surrounding area and for public health and safety.
All requirements for development shall be consistent with requirements set forth in the Specific Plan No. 64; applicable sections of Redlands Municipal Code; latest edition of "Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements"; latest edition of American Public Works Association "Standard Plans for Public Works" and "Standard Specifications for Public Works Construction - Greenbook"; latest edition of "Redlands Water Systems Standard Specifications"; latest edition of "Redlands Sanitary Sewer Systems Standard Specifications"; and current Redlands policies and guidelines relative to development projects.
A. The following items are required prior to issuance of the GRADING PERMIT.
1. Pay plan check fee as established per resolution. The amount will be determined at plan check submittal.
2. Plans required to be submitted include:
a. Precise Grading Plan. Grading plans shall be coordinated with the existing and proposed off-site improvements. (RMC 15.04) b. SWPPP/Erosion Control Plan. Erosion/Sediment Control Plan shall be submitted for review and approval. A copy of the project's Storm Water Pollution Prevention Plan (SWPPP) shall be submitted for review.
SWPPP Best Management Practices (BMPs) to prevent and control discharges to the municipal separate storm sewer ( drain) system shall be in effect for the entire duration of project construction to its completion and acceptance by the City. (RMC 13.54)
c. Water Quality Management Plan. Submit final Water Quality Management Plan (WQMP) for review and approval. WQMP shall consist of post construction Best Management Practices (BMPs) prepared in accordance with the requirements and guidelines of the San Bernardino County Stormwater Program . The requirements of the WQMP shall remain in effect throughout the life of the project. (California State Order No. R8-2010-0036)
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TIM No. 20336 and CRA No. 922
September 21, 2021
Page2
All plans used as reference for design shall be listed on title sheet of all plans with reference numbers. All plans shall be submitted on 2411 x 3611 size sheets. Six (6) copies of each are required. After final review, grading and SWPPP plans shall be submitted on 24" x 36" size, min. 4 mil, mylar sheets for City's approval.
3. Submission of plan sets shall be complete and include all required engineering designs and drawings listed in No. 2 above. All plans submitted shall be substantially complete, and no plan check queue place~holder plans will be accepted. An incomplete plan submittal will not be accepted for plan check.
4. All support documentation shall be submitted with the plans to be checked.
Submission shall include:
a. Hydrology Report and Hydrologic Calculations; (RMC 17.07.030) b. Geotechnical Report; (RMC 17.07.040)
c. Easement Documents. (RMC 17 .09.050)
5. A final WQMP that is in substantial conformance with the preliminary WQMP and in full conformance with the WQMP Guidance Document shall be submitted and approved prior to the approval of precise grading plans.
6. Cash cleanup deposit shall be submitted ($3,000.00). Deposit will be reimbursed after the work is completed and accepted by the City upon written request. (RMC
12.16.290)
7. Ttuck route permit is requited for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trucks) using streets other than established truck routes. (RMC 10.54)
NOTE: Cash cleanup deposit and truck route permit submitted during the grading process could be transferl'ed to be used during building construction or off~site improvement construction if it is within the time limit specified in the truck route permit, otherwise a new truck route permit must be issued.
8. For all development requiring coverage under the state of California General Storm Water Permit, in effect at the time of permit issuance, and whom have filed with the State Board a Notice of Intent (NOI), a copy of the Waste Discharge Identification Number (WDID) and NOI shall be submitted for review and file.
Call (866) 563~3107. (RMC 13.54)
9. The Final WQMP shall also include a site trash plan detailing the installation, operation, and maintenance of a Full Capture System (PCS) for loose trash. The intent of the FCS is to capture loose trash preventing the trash from entering the site st01m drains and basins. BMPs or devices used as FCS devices shall require acceptance by the City Engineer. Full Capture Systems are defined as treatment Redlands Regular Meeting of 11-7-2023
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TTM No. 20336 and CRA No. 922
September 21, 2021
Page3
controls (either a single device or a series of devices) capable of trapping all particles 5 mm or greater. In addition, the FCS shall trap trash from the greater of:
a. A flow not less than the peak flow rate, Q, resulting from a onewyear, one hour, storm. Precipitation intensity shall be determined using the NOAA ATLAS 14 Point Precipitation Frequency Estimates web site; or b. A :flow rate equal to the on-site stonn water conveyance system including pipes, channels, and swales.
10. Finalize and obtain all necessary onsite and offsite perm1ss1ons, permits, easements, right-of-way, and properties in order to satisfy the conditions of approval for this project. Such items may include:
a. Signed/notarized Offsite letter of permission to conduct certain work. b. Offsite/onsite easement to construct/install/maintain certain improvements.
c. Offsite/onsite right-of-way to construct/install/maintain certain improvements.
d. Encroachment Permits from Caltrans, County, and other agencies. e. Obtain adjacent property owner(s) acceptance of increased or concentrated runoff onto their property(s).
f. 401 Certification (California Regional Water Quality Control Board) and 404 Permit (U.S. Army Corp of Engineers).
11. Finalize and obtain all necessary onsite and offsite permissions for the relocations, modifications, and/or installations of citrus irrigation facilities for purpose of maintaining irrigation services to the satisfaction of the affected property owners, irrigation facility owners, and the City.
B. The following items are required prior to RECORDATION OF TRACT/PARCEL MAP.
1. Pay plan check fee as established per resolution. The amount will be determined at plan check submittal. (City Resolution No. 7671)
2. Plans required to be submitted shall include (RMC 17.17.060):
a. Tract Map;
b. Street Improvement;
c. Storm Drain Construction;
d. Pavement Striping and Signage Plans (including reflectorized pavement markers and pedestrian crossings);
e. Street Tree Installation - Street trees shall be provided as per the approved Street Tree List;
f. Street Light Installation - Provide street lighting plan which show approved locations of service pedestal(s), conduits, street lights, appurtenances, and any necessary detail by Southern California Edison Company;
g. Potable Water Main Installation;
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h. Recycled Water Main Installation;
i. Sewer Main Installation;
j. Approved Onsite Potable and I11·igation Water Line Installation; and k. CFD Landscape and Irrigation Plan
All plans used as reference for design shall be listed on title sheet of all plans with reference numbers. All plans shall be submitted on 24
11 x 36
11 size sheets. Three
(3) copies of each are required. After final review, plans shall be submitted on 24" x 3611 size, min, 4 mil, mylar sheets for City's approval.
3. Submission of plan sets shall be complete and include all required engineering designs and drawings listed in No. 2 above. All plans submitted shall be substantially complete, and no plan check queue place-holder plans will be accepted, An incomplete plan submittal will not be accepted for plan check.
4. All support documentation shall be submitted with the plans to be checked, Submission shall include (RMC 17.09.060):
a. Title Reports and backup documents for the property; b. All record maps and deeds referenced on the Tract/Parcel Map; c. Easement Documents;
d. Boundary and Lot Closure Calculations; and
e. Record plans, maps and documents,
5. Finalize and obtain all necessary onsite and offsite perm1ss10ns, permits, easements, right-of-way, and properties in order to satisfy the conditions of approval for this project. Such items may include:
a. Signed/notarized Off site letter of permission to conduct certain work, b. Offsite/onsite easement to construct/install/maintain certain improvements.
c. Offsite/onsite right-ofwway to construct/install/maintain certain improvements.
d. Encroachment Permits from Caltrans, County, and other agencies. e. Obtain adjacent property owner(s) acceptance of increased or concentrated runoff onto their property(s).
f, 401 Certification (California Regional Water Quality Control Board) and 404 Permit (U.S. Army Corp of Engineers).
6. Pay the required development impact fees per ordinance in effect at time of approval of Final Tract Map. The exact amount will be determined based upon the review of the final building plans and project information. Development Impact Fees shall include;
• Water Source Acquisition Charge (RMC 13.40);
• Water/Sewer/Recycled Water Frontage Charges; (RMC 13.44 and
13.12) and
• Remaining Development Impact Fees will be due at time of building permit issuance or water meter installation (RMC
13.48.030 and Redlands Ordinance No. 2830).
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7. All off-site improvements shall be designed by a Civil Engineer licensed in the State of California. All existing utilities shall be pot-holed to determine the actual depth if no signed plan is available. (RMC 17.17.060).
8. The approximate locations of existing underground utilities shall be shown on the improvement/site/grading plans. The utilities shall be plotted from record and field data. The City of Redlands and the design Engineer assume no liability as to the exact location of said lines where locations are not shown.
9. Submission of approved onsite potable and irrigations plans is required prior to connection to recycled water system. All onsite improvements shall be done in accordance with the Water Resources Control Board, Division of Drinldng Water requirements for recycled water. City shall submit plans to Division of Drinking Water for approval prior to final approval and installation of in-.igation meters.
10. Final City approved mylars for all public improvements shall be on file with the Municipal Utilities and Engineering Department.
11. Requirements for Domestic A venue (RMC 17 .15 and 17.17):
a. Dedicate to provide for a 32 foot half street right-of-way width on the north side of Domestic A venue including acquisition of all necessary property/ies outside of tract boundary;
b. Constmct standard curb and gutter 20 feet both sides of street centerline; c. Provide full depth construction consistent with the City standard as accepted by the City Engineer between the new curb and gutter verified through a geotechnical report;
d. Construct standard property line/curb adjacent sidewalk (Location varies of south side) along both sides of the entire street frontage and ramps at all curb returns;
e. Install LED ornamental street light(s), [LEOTEK (GCJ1-20H-MV-WW-2- GY-580-WL-PCR7) or approved equal], with the equivalent illumination of a 100 watt sodium vapor streetlight from Texas Street West to the Proposed Cul-De-Sac. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the lights will be detennined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate street lighting plan for City approval;
f. Provide street trees spaced every 40 feet across the tract frontage avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval;
g. Construct standard cul-de-sac at street terminus;
h. Construct underwalk drain, if necessary;
i. Use traffic index of 6.0;
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j. Design and install ADA ramps, a crosswalk, solar powered pedestrian activated crosswalk beacon, and in-pavement crosswalk lighting on Domestic Avenue at Street "L" or Street "G" as accepted by the City Engineer, This requirement will be dependent on the Redlands Unified School District allowing the developer to install a pedestrian entrance from Domestic A venue to Citrus Valley High School;
k. Install a Class III bike lane as accepted by the City Engineer; I. Install a minimum 12" inch diameter potable water main including necessary valves and appurtenances from Texas Street West to the Proposed Cul-De-Sac;
m. Install a "dry" minimum 8 inch diameter recycled water main including necessary valves and appurtenances from Texas Street West to the Proposed Cul-De-Sac;
n. Install residential fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations;
o. Lower the existing sewer main in order to provide sewer services to properties north of project site as accepted by the City Engineer; p. Install intersection traffic control features as deemed appropriate by the City Engineer; and,
q. In the event the off-site roadway dedications for Domestic Avenue are not obtained as shown on the Tentative Tract Map, the applicant shall provide improvements within the existing right-of-way dedications subject to the satisfaction of the City Engineer. This will require minor modification to street, but the intent will be to maintain substantial conformance to the approved tentative map.
12. Requirements for Street "N" (RMC 17.15 and 17.17):
a. Dedicate to provide for 64 foot street right-of-way width including acquisition of all necessary property/ies outside of tract boundary. The construction centerline may be shifted to the south as accepted by the City Engineer and adjacent property owners;
b. Construct standard curb and gutter from Texas Street west to the proposed terminus 20 feet south of street centerline;
c . Install a 2" X 6" redwood header along the north edge of pavement from Texas Street west to the proposed terminus;
d. Provide foll depth construction consistent with the City standard as accepted by the City Engineer 32 feet north of south curb face from Texas Street west to the proposed terminus verified through a geotechnical report;
e. Construct standard property line adjacent sidewalk on the south side from Texas Street west to the proposed terminus and ramps at all curb returns.
No ramp or curb return is required at Texas Street;
f. Install LED ornamental street light(s) [LEOTEK (GCJ1~20H-MV-WW-2- GY-580-WL-PCR7) or approved equal], with the equivalent illumination of a 100 watt sodium vapor streetlight across the tract frontage and (1) light at the southwest comer of Street "N" and Texas Street. Streetlight Redlands Regular Meeting of 11-7-2023
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spacing shall be determined by the City of Redlands design specifications.
Location of the lights will be determined at time of plan preparntion.
Coordinate with City staff for guidance. Prepare and submit a separate street lighting plan for City approval;
g. Provide street trees spaced every 40 feet across the tract frontage avoiding sewer and water laterals. Prepare and submit a separate street tree plan for City approval.
h. Construct right angle turn at street terminus as accepted by the City Engineer;
i. Const:tuct underwalk drain, if necessary;
j. Use traffic index of 6.0;
k. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances;
1. Install residential fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations;
k. Install a minimum 8 inch diameter sewer main with manholes and appurtenances. Provide a sewer study to adequately size the sewer diameter for future development to the 11011h;
m. Install intersection traffic control features as deemed appropriate by the City Engineer; and
n. In the event the off-site roadway dedications for proposed Street "N11 are not obtained as shown on the Tentative Tract Map, the applicant shall provide improvements within the existing right-of-way dedications subject to the satisfaction of the City Engineer, This will require minor modification to street and lot locations, but the intent will be to maintain substantial confonnance to the approved tentative map.
o. Install a "dry" minimum 8 inch diameter recycled water main including necessary valves and appurtenances from Street "V) to the easterly project boundary.
13. Requirements for Street "L" (RMC 17.15 and 17.17):
a. Dedicate to provide for 60 foot street right-of-way width including a corner cutoff at the property line return to accommodate a 25 foot radius curb return and pedestrian ramp;
b. Construct standard curb and gutter 18 feet both sides of street centerline; c. Provide full depth construction consistent with the City standard as accepted by the City Engineer between the ClU'b and gutter to the street centerline verified through a geotechnical report;
d. Construct standard property line sidewalk along the entire street frontage and ramps at all curb returns;
e. Install LED ornamental street light(s), [LEOTEK (GCJ1-20H-MV-WW-2- GY-580-WL-PCR7) or approved equal], with the equivalent illumination of a 100 watt sodium vapor streetlight. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the lights will be determined at time of plan preparation. Coordinate with Redlands Regular Meeting of 11-7-2023
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City staff for guidance. Prepare and submit a separate street lighting plan for City approval;
f. Provide street trees spaced every 40 feet avoiding sewer and water laterals.
Prepare and submit a separate street tree plan for City approval; g. Construct imderwalk drain, if necessary;
h. Use traffic index of 5.0;
i. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances;
j. Install a "dry" minimum 8 inch diameter recycled water main including necessary valves and appurtenances;
k. Install residential fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations;
1. Install a minimum 8 inch diameter sewer main with manholes and appurtenances. Provide a sewer study to adequately size the sewer diameter for future development to the north; and,
m. Install intersection traffic control features as deemed appropriate by the City Engineer.
14. Requirements forremaining Interior Streets (RMC 17.15 and 17.17):
a. Dedicate to provide for 60 foot street right-of-way width including a corner cutoff at the prope1ty line return to accommodate a 25 foot radius curb return and pedestrian ramp;
b. Constrnct standard curb and gutter 18 feet both sides of street centerline; c. Provide full depth construction consistent with the City standard as accepted by the City Engineer between the new curb and gutter to the street centerline verified tlu·ough a geotechnical report; d. Construct standard property line adjacent sidewalk along the entire street frontage and ramps at all curb returns;
e. Install LED ornamental street light(s), [LEOTEK (GCJ1-20H-MV-WW-2- GY-580-WL-PCR7) or approved equal], with the equivalent illumination of a 100 watt sodium vapor streetlight. Streetlight spacing shall be determined by the City of Redlands design specifications. Location of the lights will be determined at time of plan preparation. Coordinate with City staff for guidance. Prepare and submit a separate street lighting plan for City approval;
f, Provide street trees spaced every 40 feet avoiding sewer and water laterals.
Prepare and submit a separate street tree plan for City approval. g. Construct standard right angle turns at locations shown on approved tentative map;
h. Constrnct underwalk drain, if necessary;
i. Use traffic index of 5.0;
j. Install a minimum 8 inch diameter potable water main including necessary valves and appurtenances;
k. Install residential fire hydrants as required by the Redlands Fire Department. Provide fire flow calculations;
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1. Install a minimum 8 inch diameter sewer main with manholes and appurtenances; and,
111. Install intersection traffic control features as deemed appropriate by the City Engineer.
15. Requirements for Texas Street(RMC 17.15 and 17.17):
a. Install a 2" X 6" wide redwood headers along both edges of pavement; b. Provide full depth construction consistent with the City standard as accepted by the City Engineer vary verified through a geotechnical report.
The pavement shall extend 14 feet west of the street centerline and varies from 32 feet to 20 feet east of street centerline as accepted by the City Engineer;
c. Coordinate with SCE to install LED luminaires with the equivalent illumination of a 100 watt sodium vapor streetlight to three of the existing power poles located on the west side of Texas Street between Domestic A venue & Street "N" as accepted by the City Engineer
d. Relocate existing gate to the north side of Street "N" as accepted by the City engineer;
e. Constmct standard pavement transition based on design speed of the street from the existing east side curb and gutter north of Domestic A venue to the proposed 20 foot street width as accepted by the City Engineer; f. Use traffic index of 6.0;
g. Design and install ADA ramps, a crosswalk, solar powered pedestrian activated crosswalk beacon, and in-pavement crosswalk lighting on Texas Street at Domestic Avenue as accepted by the City Engineer; h. Install a Class III bike lane as accepted by the City Engineer; i. Install a minimum 12 inch diameter potable water main including necessary valves and appurtenances;
j. Install fire hydrants as required by the Redlands Fire Department. Provide fire :flow calculations; and
k. Install intersection traffic control features as deemed appropriate by the City Engineer.
16. Provide for adequate drainage facilities. The applicant shall provide and submit all necessary hydrology/hydraulic studies and calculations in accordance with the San Bernardino C01mty Hydrology Manual (RMC 17.17).
17. Conditions, Covenants and Restrictions ("CC&Rs") shall be prepared by the applicant and approved by the City for the project which address cross lot drainage, Water Quality Management Plan requirements, sewer usage, water service, and solid waste disposal, which are shared by the property owners. The CC&Rs shall contain the following:
a, A provision which reads substantially as follows: "The City shall have the right to review and approve any proposed amendment or termination of [the CC&Rs] when such termination or amendment would alter, amend, Redlands Regular Meeting of 11-7-2023
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terminate or otherwise impair the rights of the City under those provisions of [the CC&Rs] which satisfy the conditions of approval imposed by the City for the project. All proposed amendments shall be submitted to the City's Development Services Director and shall be approved in writing by the City Attorney as a precondition of and prior to the recordation of such amendment."
b. A provision which reads substantially as follows: "[The CC&Rs] shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and the favor of, and enforceable by the City of Redlands. Although the City of Redlands shall be a beneficiary of [the CC&Rs], and shall have a right to enforce [them], the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement."
18. The CC&Rs shall be subject to a joint review by the all affected City Department Directors and the City Attorney's Office. The applicant shall be required to pay for the review of the CC&Rs by the affected Department Directors and the City Attorney's Office at such persons' hourly billing rates.
19. The CC&Rs shall be submitted to the City at least thirty (30) days prior to the submission of any request for approval of the final map. The CC&Rs shall subsequently be recorded, in the form approved by the City, prior to or at the same time as the final map.
20. As a condition of and prior to the final tract map approval, the applicant shall (1) petition the City for annexation of the property comprising Tentative Tract Map No. 20336 to the City's Community Facilities District No. 2004-1, or a similar City community facilities district, as designed by the City; (2) take actions reasonable or necessary to am1ex such property to community facilities district; and (3) pay the reasonable and actual costs incmTed by the City in annexing the prope1ty to the community facilities district; all for the purpose of maintenance of detention basins, public park facilities, catch basin inserts, and street trees. (California Community Facilities Act)
21. All irrigation lines that exist within any street right-of-way shall be replaced with ductile iron, cement mortar lined and coated steel, or as approved by City Engineer. (RMC 17.17.020)
22. All off-site utilities shall be placed underground. The unclergrounding shall include power poles located along the project site's street frontage(s) and may include power poles beyond the site's boundary as determined by Southern Califomia Edison. Those power lines that are 66KV or greater will not be required to be undergrounded. Any power pole(s) that contain a street light will be required to install a standard street light, in accordance with the Municipal Utilities and Engineering Department's standards. Plans shall be submitted that Redlands Regular Meeting of 11-7-2023
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detail the undergrounding of all off-site utilities, subject to review and approval by the City Engineer. (RMC 17, 17 .020)
23. Construct standard Community Trails/Bike Trails as shown on the approved tentative tract map within the development. Dedicate a 14 foot wide public access easement for all trails within the development located outside of street right-of way or property to be dedicated to the City. (RMC 17 .17.020)
24. Install reduced pressure principle backflow devices as required by City Engineer. (RMC 13.20)
25. Install onsite fire line with double detector check valve backflow devices at service connection satisfactory to the City Fire Department. (RMC 13 .20)
26. Improvement bonds must be posted for the total estimated cost of off-site improvements as follows (RMC 17.17.080):
27. 28.
29. 30.
Conditions
were added at
City Council
meeting on
10/5/2021.
See last page
of this
document.
Perfo1mance
(Wan-anty)
Labor and Materials
100% security ( due prior to final map
approval)
10% security ( due at time of acceptance of
improvements)
50% security ( due prior to final map
approval)
Survey and Monumentation cash bond must be posted.
The 10% warranty security will be retained for one year after acceptance of public improvements by the City for warranty of off-site work.
Execute Subdivision Improvement Agreement (RMC 17.17.070).
In the event the applicant lacks sufficient title or interest, including an easement or license, at the time the final map is filed with the City, to construct the required improvements for Domestic A venue and proposed "N" Street, the applicant has requested the City accept its voluntary waiver of any rights it may have pursuant to Government Code section 66462.5 and agrees that the City shall have no obligation pursuant to such section to take any action with respect to the final map, unless and until the City determines in its sole and absolute, but reasonable, discretion that the applicant has such sufficient title or interest. Through the imposition of this condition, the City's accepts and relies upon the applicant's aforementioned request and waiver in approving this tentative map.
C. The following items are required prior to issuance of the BUILDING PERMIT
1. Pay plan check fee as established per resolution. The amount is to be determined at plan check submittal. (City Resolution No. 7671)
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2, Provide pad certification and compaction report to the Building and Safety Department.
3. All SWPPP Best Management Practices (BMPs) to prevent and control discharges to the municipal separate stonn sewer (drain) system shall be in place and shall be maintained throughout the course of the project. (RMC 13.54)
4. Pay the required development impact fees per ordinance in effect at time of issuing the building permit. The exact amount will be determined based upon the review of the final building plan or project information. Development Impact Fees shall include:
• Transportation Facilities; (RMC 3.54)
• Fire Facilities; (RMC 3.60)
• General Government Facilities; (RMC 3.60)
• LibraryFacilities; (RMC 3.60)
• Open Space/Park **; (RMC 3.32)
• Police Facilities; (RMC 3 .60)
• Storm Drain Facilities; (RMC 3.56)
• Wate1· Capital Improvement Charge; (RMC 3.48)
• Recycled Water Capital Improvement Charge; (RMC 3.53) Water Source Acquisition Charge*; (RMC 13.40)
Sewer Capital Improvement Charge; (RMC 3.44)
Solid Waste Capital Improvement Charge; (RMC 3,70) and
• Water/Sewer/Recycled Water Frontage Charges*. (RMC 13.44 and
13.12.)
* These charges are required for building permit issuance if Final Tract Map was not required for the project or charges were not paid with the Final Tract Map approval.
** Fees are potentially eligible for credit per City Resolution No. 8109 and No. 8213.
5. Although this project will have an on-going inspection throughout construction, a final inspection for all off-site improvements must be scheduled by developer to certify that these improvements comply with City specifications. (RMC
12.16.090)
6, Provide for adequate drainage facilities, including any necessary under sidewalk drains. (RMC 17.17)
7. Comply with City of Redlands Landscape Ordinance No. 2724 and submit a landscape/irrigation plan prepared by a licensed landscape architect for review and approval. The irrigation system shall be designed and constructed to make use of future recycled and/or recycled water system.
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8. Comply with the Solid Waste Recycling Access Act of 1991 (AB 1327) and install double solid waste bin enclosure(s) for the Public Parle Submit a plan prepared by a licensed engineer showing bin enclosure(s) location on the site plan with solid waste truck turning and/or turnaround track template superimposed.
Coordinate with Facilities and Community Development regarding size ofbin(s),
9. Submit recycling plans for site demolition/construction for review and approval in accordance with Chapter 13.66 of the Redlands Municipal Code,
10. Tract map shall be recorded and proof of recordation provided.
D. The following items are required prior to approval of APPLICATION FOR WATER SERVICE CONNECTION and prior to WATER METER
INSTALLATION.
1. Pay the Water Capital Improvement Charge; (RMC 3.48.030)
2. Pay the Recycled Water Capital Improvement Charge; (RMC 3.53.050)
3. Pay Water/Recycled Water Frontage Charges; (RMC 13.44 and 13.12.)
4. Pay the Water Meter Charge. (Redlands Ordinance No. 2830) E. The following items are required prior to issuance of the ENCROACHMENT PERMIT.
1. Cash cleanup deposit shall be submitted ($3,000.00). Deposit will be reimbursed after the work is completed and accepted by the City upon written request. (Required unless previously submitted under Sections A, B or C.) (RMC
12.16.290)
2. Truck route permit is required for all construction vehicles 5 tons and over gross vehicular weight (e.g. concrete trncks) using streets other than established truck routes. (RMC 10.54)
3. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert Identification Number, call Underground Service Alert toll free, l-800-227-2600, two (2) working days prior to conducting any excavation, (RMC 12.20.120)
4. Encroachment Pennit application and two (2) sets of City approved plans must be submitted for all off-site improvements. Encroachment Permit fees shall be paid prior to issuance of Encroachment Permit. (RMC 12.16.010)
5. A California OSHA Permit Number for all work that is 5 feet deep or deeper shall be provided. Call (909)383-4321. (RMC 12.16.040)
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6. A copy of soils report is required with recommendation for the final pavement strnctural section to be submitted prior to placing of the street pavement. The report shall include test results and boring/sampling locations.
7. A traffic control plan shall be prepared in accordance with the latest revision of CA MUTCD or W.A.T.C.H. manual, submitted and accepted by the City Engineer prior to issuance of an encroachment permit. The plan shall show all required construction signage, warning devices, road closures, detours, delineation, phasing schedules and anticipated durations of closures and detours for any work within the public rightwof-way. The plans shall provide names and 24whour phone numbers of individuals who can be contacted regarding traffic control measures.
8, Improvement bonds must be posted for the total estimated cost of off-site improvements as follows:
Perfom1ance
(Warranty)
Labor and Materials
100% security ( due prior to final map
approval)
10% security ( due at time of acceptance of
improvements)
50% security (due prior to final map
approval)
9. Execute Subdivision Improvement Agreement. (RMC 17.17.070).
10. The 10% wan-anty security will be retained for one year after acceptance of public improvements by the City for warranty of off~site work.
F. The following items are required prior to issuance of CERTIFICATE OF OCCUPANCY.
1. All requirements as described in Sections A, B, C, D and E of these conditions of approval shall be met.
2. All work shall be completed to the satisfaction of the City Engineer. All as-built plans shall be delivered to the Municipal Utilities and Engineering Department for review and approval.
3. The Professional(s) of Record shall file a Final Grading Certification for all grading and improvements relating to the project development.
4. Owner's Licensed Land Surveyor shall reset survey points, monuments, record corners, and centerline ties that were destroyed during construction and shall file Comer Records for those points prior to completion of the project with San Bernardino County Surveyor, Copies ofinfonnation shall be furnished to the Municipal Utilities and Engineering Department. [California B&P Code 8762, 8767, 8768, 8771, and 8773(b)]
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G.
5. One mylar copy of recorded tract map shall be furnished to the Municipal Utilities and Enginee1ing Depatiment.
6. A list of as-built infrastructure improvement quantities shall be provided in the Excel fonnat provided by the City showing quantities for each street segment (i.e. pavement, curb and gutter, sidewalk, etc.)
7. Streets may be required to have a seal coat applied at the option of the City Engineer. Type of seal coat is to be detennined by the City Engineer.
8. Resurface existing roadway as directed by the City Engineer due to utility installations and construction damage.
9. Existing stliping shall be removed and replaced as necessary. New striping and pavement markings shall be installed as required by the City Engineer.
10. Contractors will be required to pave new streets in two (2) phases with last phase being delayed until 95 percent of construction has been completed , or on approval of the City Engineer.
11. Owner/Developer shall provide recycling receipts as required by the recycling plan.
The following items are required prior to release of
SECURITIES/WARRANTIES/DEPOSITS.
1. Prior to the release of the securities for the project , all improvements shall be reviewed and accepted by the City Engineer.
2. A recorded mylar copy of the Tract map shall be submitted , if a part of a lot-sale subdivision and not included in Item E.
3. Tie sheets shall be submitted for all monuments found and/or set in the public right-of-way .
4. The release of securities /wan-anties /deposits must be requested in w1iting to the City Engineer. Allow 30 days for processing.
DONALD YOU~ ErE.,P:' 1.P.
One Stop Permit'Cen er Manager
~
Initial
FILE: TM 10136
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REDLANDS MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
DEVELOPMENT REQUIREMENTS
TENTATIVE TRACT MAP NO. 20336 AND COMMISSION REVIEW AND APPROVAL NO. 922 The following conditions were added at City Council Meeting on 10/5/2021 for the purpose of providing for a north-side road between Pioneer and Domestic west of Citrus Valley High School and east of the I-210 to provide an alternate north-south route to the project. The applicant has agreed to these conditions. • The applicant shall, prior to and as a condition for recordation of the Final Map, grant to the City an irrevocable, non-exclusive, "blanket" easement, in a form reasonably satisfactory to the City, for rights-of-way sufficient to construct a 32- foot wide street running north-south between Domestic Avenue and Pioneer Avenue, west of Citrus Valley High School and east of the I-210 freeway, over the parcel of real property designated as County of San Bernardino assessor parcel no. 0167-061-01.
• The applicant shall, prior to and as a condition for issuance of a Certificate of Occupancy for the 201 st, and any further, requested residential units within the Bergamot Specific Plan area, to construct, in accordance with standards determined by the City, and dedicate to the City, a 32-foot paved road running north-south between Domestic Avenue and Pioneer Avenue, west of Citrus Valley High School and east of the I-210 freeway over the parcel of real property designated as County of San Bernardino assessor parcel no. 0167-061-01.
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EXHIBIT "C"
FACILITIES & COMMUNITY SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
[Attached]
15 I:\Resolutions\Res 8200-8299\8255 MLC Holdings TIM 20336.docx Redlands Regular Meeting of 11-7-2023
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REDLANDS FACILITIES AND COMMUNITY SERVICES DEPARTMENT
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 20336, COMMISSION REVIEW AND APPROVAL NO. 922, AND SPECIFIC PLAN NO. 64
Planning Commission Meeting: August 10, 2021
Applicant: MLC Holdings, Inc.
Location: APN Nos: 0167-031-02, -03, -04, -05, -06, -07, and -16 Project Description: Subdivide approximately 58 acres into 317 single family residential lots with a 12 acre public park and private recreational amenities.
1. These conditions are for Tentative Tract Map. No. 20336 and Commission Review and Approval No. 922 to subdivide 58.6 acres into 317 single family residential lots plus five lettered lots for a new public park, landscaping, and private recreational open space (APN Nos: 0167-031-02-0000, 0167-031-03-0000, 0167-031-04-0000, 0167-031-05-0000, 0167-031-06-0000, 0167-031-07- oooo, and 0167-031-16-0000).
2. Lot A shall consist of approximately 11.84 acres of improved parkland and shall include six soccer fields, one baseball field, lighting facilities for all sports fields, a 1,400 square foot bathroom facility, a parking lot consisting of 72 spaces, as well as other supplemental park amenities.
3. The boundaries for Lot A shall be adjusted to be in substantial conformance with Resolution No. 8213, a resolution accepting dedication of 11.84 acres of parklands and the future issuance of a fee credit of $1,255,300.98, upon successful completion of the project and City acceptance, in Park and Open Space development impact fees associated with Tentative Tract Map No. 20336.
4. Lot A shall be dedicated to the City of Redlands by certificate on the final map.
5. The irrigation system within Lot A shall meet the following requirements:
a. All irrigation pipe shall be class 200 SCH40 PVC of the appropriate size to meet sufficient volume and pressure.
b. All sprinklers must meet manufacturer recommendation for spacing to provide sufficient coverage.
c. All irrigation controller wires shall be housed inside PVC SCH80 pipe; direct burial is not acceptable.
6. All turf within Lot A shall be a self-repairing blend in kind with a standard 90/10 blue fescue mix unless otherwise approved by the Facilities and Community Services Director.
7. Lighting within Lot A shall be consistent with the following unless otherwise approved by the Facilities and Community Services Director:
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a. Park lighting shall be consistent with the City of Redlands Parks Division standard for pathway and practice lighting.
b. Sports field lighting shall be designed to provide the following foot-candle specifications unless otherwise approved by the Facilities and Community Services Director. The applicant shall submit a photometric plan demonstrating adherence with the condition prior to issuance of a building permit.
i. Infield foot - 50
ii. Outfield- 30
iii. Infield Max/Min - 2
iv. Outfield Max/Min - 2.5
8. Fencing within Lot A meet the following specifications unless otherwise approved by the Facilities and Community Services Director:
a. 2 7 /8" Terminal Posts
b. 6 5/8 "Gate Posts (if applicable)
c. 2 3/8" Line Posts
d. 1 5/8" Top rail
e. 9 Gauge Chain Link Fencing
9. Ballfields within Lot A shall be constructed in accordance with the specifications unless otherwise approved by the Facilities and Community Services Director:
a. A water supply with a quick coupler shall be installed behind home plate in a designated utility box, buried with the lid at grade.
b. The ballfield shall be constructed in accordance with USA Baseball Standards for Little League, 60 foot baselines.
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EXHIBIT "D"
FIRE DEPARTMENT
CONDITIONS OF APPROVAL
[Attached]
16 I:\Resolutions\Res 8200-8299\8255 MLC Holdings TIM 20336.docx Redlands Regular Meeting of 11-7-2023
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7/29/2021
City of Redlands
Redlands Fire Department
35 Cajon Street, Ste 12 • Redlands, CA 92373
(909) 798-7601 Office • (909) 798-7602 Fax
Sean Reilley, Sr. Planner
0 Special Reports/Comment s needed
0 DRAFT Conditions of Approv al
1:81 FINAL Condit ions of Approv al
Reference Number: Bergamot Development Commission Review 922 The following conditions have been applied to the above reference project pursuant to the City of Redlands Fire Department adopted codes and standards, the 2019 California Fire Code and applicable rules, regulations and standards.
Conditions must be complied with as directed by Redlands Fire Department and shall be reviewed, permitted, inspected, tested and approved in accordance with the requirements set forth.
Required Not Reports and Comments Required
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Special Reports or Comments - Prior to final conditions.
D Draft Condition s Final Conditions
PRIOR TO MAP
Required Not Condition Required
181
Minimum road width for fire apparatus in Planned Residential Developments is ~ 20 ft. 26 ft.
D28 ft . __ ft ., if no parking is allowed , 30 feet if parking allowed on one side and 40 feet if parking is allowed on both sides.
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The applicant shall grant an easement fo r the fire lane on the tentative tract map. 181
The applicant shall submit covenants or CC&Rs for review and approval by the Community Development Department, Engineering Division and Fire Department . The covenants or CC&Rs shall be recorded concurrently with the final map, and shall provide for the following:
A. The maintenance of the required fire lane, with no obstructions , within an area that is a minimum of IZI 20 ft. 26 ft. 28 ft. __ ft . wide and 13.6 ft . in height.
Designated fire apparatus roads, streets, cul-de-sacs and turn-around (hammerhead) and/or any other emergency access within the development shall be maintained accessible and usable by emergency vehicles. Usable conditions include but are not limited to the following :
1. An all-weather road surface shall be maintained , first lift of asphalt minimum . 11/2020 COA Templat e (Conditions of Approva l) Page 1 of 8 Redlands Regular Meeting of 11-7-2023
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2. Road shall support imposed loads of fire apparatus at 75,000 pounds.
3. No parking-fire lane signs shall be repaired or replaced as needed.
4. A monument entry sign with required address numbers shall be provided.
5. Fire lanes, streets and roads or other areas designated no parking-fire lane at time of development shall remain free at all times of any obstruction including but not limited to: vehicles, storage, debris, etc.
B. The provision and maintenance of fire resistive trees for the project. Trees shall not overhang or grow into the fire lane or hammerhead turn-around. Trees shall not grow within five feet of any proposed chimneys. Vegetation, other than ground cover, shall not be permitted within five feet of fire protection systems.
C. Dwellings constructed with required fire and life safety features including fire sprinklers, ignition resistant construction, smoke and carbon monoxide detectors and fire resistive landscaping shall maintain these features in accordance with state and local codes in use and applicable at the time of construction or installation. These codes include the California Fire Code, California Building Code, California Vehicle Code (fire lanes), City of Redlands Municipal Code and any other applicable codes, standards and law.
Private residential, public residential, commercial and industrial fire access roads shall provide an access roadway with a minimum unobstructed width of 20 ft. 26 ft. 28 ft. __ ft., wide and a minimum 13'6" vertical clearance. Additional width requirements may be applied to individual projects as determined by the Fire Marshal.
Roadways shall be extended to within one hundred and fifty feet (150) feet of all portions of the exterior walls as measured by an approved path of travel. An approved turn around shall be provided when the roadway exceeds one hundred and fifty (150) feet as directed by Redlands Fire Department. Fire Department turn around requirements shall be installed as directed, pursuant to the California Fire Code, Appendix D.
Grades for driveway and fire apparatus access roads shall not exceed 12%. Fire Department approval and additional conditions are required for grades above 12% maximum. Angle of approach and departure for driveways shall not exceed 7 degrees. Grades exceeding 12% shall be concrete with a deep broom finish perpendicular to the access roadway.
PRIOR TO ISSUANCE OF A BUILDING OR GRADING PERMIT
A hazardous materials inventory and disclosure shall be provided with a complete listing of SDS sheets, storage locations, how they are stored, and types of containers. A technical report and opinion prepared by an approved consultant shall be submitted for review and approval prior to or as part of the submission for a building permit. Operational permits may be required and must be applied for prior to certificate occupancy. Application and permits shall be made to San Bernardino County Fire Department for CUPA compliance. Compliance with disclosure and requirements placed on the project for the CUPA shall be complied with prior to certificate of occupancy.
The building has the potential for storage of combustible stock in excess of D 6 ft. 12 ft. (rubber tires) in height, meeting the requirements of high-piled combustible storage as defined in Chapter 32 ofthe California Fire Code. Significant modifications to the structure, including but
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PRIOR TO ISSUANCE OF A BUILDING OR GRADING PERMIT
not limited to, smoke and heat vents or mechanical ventilation, draft curtains, special access doors, upgraded sprinkler systems and hose connection requirements must be achieved in compliance with the California Fire Code Chapter 32 should such storage occur. Minimum design densities for fire sprinkler systems within spec. buildings shall be 0.33/3000. If high-piled combustible storage is proposed then plans, specifications, and a technical opinion and report shall be submitted from an approved consultant with the construction drawings to ensure fire protection requirements. High piled combustible storage requires an annual operational permit pursuant to the California Fire Code with appropriate fees paid prior to issuance and renewal.
To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the fire code official, the fire code official is authorized to require the owner or agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the fire code official and shall analyze the fire safety properties of design, operation or use ofthe building or premises and the facilities and appurtenances situated thereon, to recommend necessary changes. The fire code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
Redlands Fire Department at time of plan or permit submission will charge certain fees for plan review and inspections. Fees will be determined at time of plan review and/or inspections.
Redlands Fire Department at time of operational permit application will charge certain fees for permit issuance which will have, at a minimum, annual fees charged. Failure to pay required annual fees will be cause to issue a "Cease and Desist" order.
The proposed project shall comply with the applicable codes and standards of Title 24, Part 1-12.
The proposed project shall pay all applicable development impact fees, pursuant to the City of Redlands Ordinances in effect at the time and that are amended from time to time.
A fire command center for fire department operations shall be provided for Factories, Mercantile, and storage occupancies that are greater than 50,000 square feet. The fire command center shall be a minimum of 200 square feet and meet the requirements of the California Fire Code as amended by Local Ordinance 2900 - RMC Section 15.20.500.
The required fire flow shall be 1,500 GPM for a 2-hour duration at 20 PSI residual operating pressure. Documentation is required from the Municipal Utilities & Engineering Department (MUED) or an approved third party verifying that the system is capable of meeting the required fire flow prior to conditions of approval being established. If a third party is being used they must be approved by the Fire Marshal. If the system is not capable of meeting the required fire flow documentation shall be provided showing financial arrangements have been made and water system improvement plans have been submitted and approved by Redlands Fire Department and MUED to upgrade the existing system prior to release of building permits.
PRIOR TO CONSTRUCTION
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PRIOR TO CONSTRUCTION
Private residential, public residential, commercial and industrial fire access roads shall provide an access roadway with a minimum unobstructed width of~ 20 ft. 26 ft. 28 ft. __ ft. and a minimum 13
1 6
11 vertical clearance. Additional width requirements may be applied to individual projects as determined by the Fire Marshal. Curb side parking on internal streets needs to be determined as to which side of the street for parallel parking to the curb.
Roadways shall be extended to within one hundred and fifty feet {150) feet of all portions of the exterior walls as measured by an approved path of travel. An approved turn around shall be provided when the roadway exceeds one hundred and fifty {150) feet as directed by Redlands Fire Department, pursuant to the California Fire Code, Chapter 5 & Appendix D and as amended locally. Fire Department turn around requirements shall be installed as directed and shall be inspected and approved prior to lumber drop. Street Mand Domestic Ave Cul-de-sac.
All fire apparatus access roadways must be maintained unobstructed and drivable by fire apparatus throughout the construction process. Access roadways shall be hard surfaced (paved/concrete) and capable of holding an imposed load of 75,000 pounds including in adverse weather conditions.
Prior to combustible construction, grades for driveway and fire apparatus access roads shall not exceed 12%. Fire Department approval and additional conditions are required for grades exceeding 12% maximum. Angle of approach and departure for driveways shall not exceed 7 degrees. Grades exceeding 12% shall be concrete with a deep broom finish perpendicular to the access roadway along with other conditions as determined by the Fire Marshal.
The development and each phase thereof shall have a minimum of 2-points of vehicular access for fire and emergency equipment and for routes of safe egress of citizens regardless of the cu I de-sac length and shall be required as directed by Redlands Fire Department.
All required fire apparatus access roads, fire lanes, fire department turn- around and entry/exit drives shall have a minimum ~ 20 ft. 26 ft. 28 ft. __ ft. turning radius for fire apparatus depending on size, location and type of project. Site plans shall provide a fire department turning radius template along the fire access roadway or within a detail confirming that the radius meets Redlands Fire Department requirements.
Fire Apparatus Access roads {all roads in project) shall be usable (paved), accessible and fire hydrant(s) shall be capable of flowing required GPM and shall be tested/accepted by Fire Dept. prior to dropping any lumber for construction.
Loading zones are required adjacent to loading doors and shall be designated on the Development Site or Plot Plan and shall be marked on the appropriate ground surface. Loading zones shall not interfere with required Fire Lanes or emergency egress capabilities.
Roadway design features {speed humps, bumps, speed control dips, etc.) which may interfere or delay emergency apparatus responses shall not be installed or allowed to remain on the emergency access roadways.
Any gate or barrier across a fire access roadway, whether manual or automatic, must meet the Redlands Fire Department requirements and have specific plans and permits approved prior to installation. Gates serving multi-family, assembly, educational, hazardous, institutional, or storage structures must be automatic and meet UL 325 and ASTM F 2200 standards. Knox brand key-operated electric key switch keyed to Redlands Fire Department specification are required.
The Knox switch shall override all gate functions and open the gate. Other access control systems, such as Opticom, are required and must be installed as directed by the Fire Marshal.
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PRIOR TO CONSTRUCTION
Water improvement plans shall be approved by Redlands Fire Department. The Developer shall furnish Redlands Fire Department with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On-site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes maybe required to meet required fire flow requirements. Fire hydrants shall provide one 4" port and 2- 2 ½ ports and must be an approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
Fire hydrant water mains that supply two (2) or more fire hydrants shall be looped to provide adequate supply.
Buildings that exceed 200,000 square feet, or meet the requirements of the Municipal Utilities & Engineering Department, shall have at least two separate points of connection to a water supply, as approved by Redlands Fire Department.
The existing fire hydrant system is insufficient to provide the required fire flow. This system is required to be upgraded to meet the required fire flow as identified above.
Prior to combustibles being brought to the site, the developer shall provide written certification from Municipal Utilities & Engineering Department (MUED), dated within the last thirty days, that:
A. All public fire hydrants or water purveyor connections required of the project have been installed, tested, and approved by MUED, and
B. Are permanently connected to the public water main system, and C. Are capable of supplying the required fire flow as required by Redlands Fire Department.
Group R-3 and U Occupancies: An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion of the facility or building protected is in excess of 400 feet (122 mm) from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire private hydrants and mains capable of supplying the required flow shall be provided when required by the Fire Code official. The size of fire hydrant outlets shall be a minimum of one 4 inch and two 2-½ inch NST outlet or greater as required by the Fire Code official.
In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be a minimum of one 4 inch and two 2-½ inch NST outlet as required by the Fire Code official.
Exception: When improved methods of fire protection are provided, beyond those required by the Code, and accepted by the Fire Code official, adjusted spacing of fire hydrants from those set forth above may be considered.
Fire hydrants shall be painted per Redlands Fire Department and Municipal Utilities & Engineering Department standards and be maintained free of obstructions. Blue reflective raised pavement markers shall be installed on the pavement at approved locations marking each fire hydrant location.
Public and private water utility mains must provide the level of reliability/redundancy determined necessary by Redlands Fire Department and the Municipal Utilities & Engineering Department.
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PRIOR TO CONSTRUCTION
If any fire hydrant is taken "OUT OF SERVICE" - Redlands Fire Department shall be notified immediately and the hydrant marked, bagged, or otherwise identified as OUT OF SERVICE as directed by the Fire Marshal.
Buildings on easement shall have additional street number signs at the intersections of the easement and/or the roadway, and at additional locations as required by Redlands Fire Department.
Street signs meeting the requirements of the City Engineer standards shall be installed at all intersections prior to final occupancy approval. Temporary street signs may be required, during construction, at the discretion ofthe fire code official.
All flammable vegetation shall be removed from each building site with slopes less that 15% at a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less.
A fuel modification or fire protection plan is required. An approved Fire Protection Consultant that specializes in these types of complex plans shall prepare the plan. Plans and specifications shall be submitted, reviewed and approved by Redlands Fire Department prior to issuance of building construction permits.
The minimum fire flow in the Very High Fire Hazard Severity Zone is 2,500 GPM at 20 PSI for two hours for new subdivisions, tracts, multi-family and commercial/industrial buildings.
The development shall follow all of the requirements in the California Fire Code Chapter 33 for fire safety during construction.
PRIOR TO OCCUPANCY
Fire lane designations shall be required for all fire access roadways as determined by Redlands Fire Department. Posted signs which state "FIRE LANE, NO PARKING" shall be installed every 50 feet. Curbs shall be painted red and stenciled with white letters indicating the same on the face and top of any curb as directed by Redlands Fire Department. All Fire lanes shall be marked and identified prior to Certificate of Occupancy.
Prior to Fire Department clearance for occupancy, an automatic fire sprinkler system shall be installed. The system shall comply with NFPA #13 Standards for Automatic Fire Sprinkler Systems. Three sets of plans, two sets of hydraulic calculations, and two material specification's sheets for all equipment used in the system shall be submitted by a State of California Licensed C-16 Contractor for review, approval, and permits must be issued prior to commencing work.
Prior to Fire Department clearance for occupancy, an automatic fire sprinkler system shall be installed. The system shall comply with NFPA #13-D Standard for Automatic Fire Sprinkler Systems-Single Family Dwelling. Three sets of plans, two sets hydraulic calculations, and two material specification's sheets for all equipment used in the system shall be submitted by a State of California Licensed C-16 Contractor for review, approval, and permits must be issued prior to commencing work.
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Prior to Fire Department clearance for occupancy, and automatic fire sprinkler system shall be installed. The system shall comply with NFPA #13-R Standard for Automatic Fire Sprinkler Systems-Multi-Family Dwellings. Three sets of plans, two sets of hydraulic calculations, and two sets of material specification's sheets for all equipment used in the system shall be submitted by a State of California Licensed C-16 Contractor for review, approval, and permits must be issued prior to commencing work.
A class __ standpipe system is required. A State of California Licensed C-16 Contractor shall submit three (3) sets of plans, specifications, and two sets of hydraulic calculations to the Fire Department for review, approval, and permits must be issued prior to commencing work.
Prior to Fire Department Clearance for occupancy, and automatic fire alarm system shall be installed. The system shall comply with NFPA #72 standard for Fire Alarm Systems. Three sets of plans, two sets of material specification's sheets for all equipment used in the system and California State Fire Marshal listings shall be submitted by a State of California Licensed C-7 and/or C-10 Contractor for review, approval, and permits must be issued prior to commencing work.
Prior to final inspection or occupancy, hand portable fire extinguishers are required to be installed as directed by Redlands Fire Department Community Risk Reduction staff. The size, location, and markings shall be illustrated on the floor plan of the construction documents. Prior to installation the client is directed to request a fire inspection to confirm the locations of the fire extinguishers due to field changes with business systems that could conflict with the construction documents.
An automatic smoke removal system is required. This system shall comply with the California Fire Code, NFPA and all other applicable standards. The applicant shall submit three (3) sets of detailed plans, two sets of specifications, and testing criteria to Redlands Fire Department for review, approval and permits must be issued prior to commencing work.
An automatic smoke removal ventilation system (fusible link type) is required. Roof vents, venting ratios and draft curtains shall be provided in accordance with the California Fire Code, NFPA and all other applicable standards. This information shall be provided in sufficient detail on the building construction drawings and submitted to Redlands Fire Department for review, approval and permits must be issued prior to commencing work.
An automatic hood and duct fixed fire suppression system is required. A State of California licensed C-16 Contractor shall submit three (3) sets of detailed plans and two sets of specifications to Redlands Fire Department for review, approval and permits must be issued prior to commencing work.
Permanent commercial/industrial three-dimensional street numbers, minimum 12 inches in height with a½ inch stroke, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be illuminated and be visible from the street and shall not be obstructed in any manner.
Permanent residential three-dimensional street numbers, minimum 4 inches in height, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be illuminated and be visible form the street and shall not be obstructed in any manner.
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Yours in Service,
PRIOR TO OCCUPANCY
Permanent Multi-family three-dimensional street numbers, minimum 12 inches in height, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be illuminated and be visible from the street and shall not be obstructed in any manner. Building letter designations shall be a minimum of 12 inches in height and shall be installed as directed by Redlands Fire Department fire code official.
Address numbers and suite numbers are required to be installed or painted on the rear of access doors to multiple suite facilities. Numbers or letters shall be a minimum of four (4) inches in height and placed on a contrasting background and be durable for the weather conditions exposed.
A lighted directory (site map) meeting Redlands Fire Department specifications is required at each entrance to the complex as directed by Redlands Fire Department. A site plan with all building locations identified by a number or letter, space numbers, fire protection equipment, etc. and shall be reviewed and approved by Redlands Fire Department prior to installation.
Knox emergency access key box is required at each building, with specific mounting locations approved by Redlands Fire Department. Recessed mount key boxes are required. Premise keys for all buildings and areas shall be marked and placed in the box prior to final inspection to ensure emergency access. The building owner/occupants shall provide replacement keys whenever locks are changed.
An emergency responder radio coverage plan is required to be submitted, reviewed, approved and permits issued, prior to commencing work. Emergency responder radio coverage must meet the requirements of the California Fire Code, Chapter 5, Section 510 and Redlands Fire Department. Field tests are required prior to final inspection or occupancy.
A fire department operational permit is required for certain specific operations regulated by the California Fire Code. The permit is issued after application has been made to Redlands Fire Department and full compliance of the requirements for the operation has been adhered to. An annual fee is charged to the applicant for review and inspection of such permits on an annual basis. Some permits require additional inspections and permit compliance that may require additional fees to be paid semi-annually.
Provide plans as a PDF file for pre-fire planning use by the fire department. Information shall include locations of all exits, stairwells and roof access. Also, the location of fire hydrants, fire department connections, post indicator valves, backflow prevention, gas, electrical, water, fire sprinkler risers and standpipe valves and shutoffs, and elevator and electrical equipment rooms, fire alarm panels, and remote annunciators. The symbols used for the pre-fire plan must be obtained from Redlands Fire Department.
Final fire protection plans, hydraulics, specifications, and technical books shall be submitted in a PDF file and checked for quality control, prior to occupancy. The PDF must contain the approved plan stamps from Redlands Fire Department.
e/,.1c.i.t,toph.e1r. cJ'. IJ.eruen
Christopher P. Jensen, Fire Marshal
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City Council/Successor Agency Meeting J. 4.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Accept the donation from the University of Redlands of $22,322, and authorize the expenditure of $3,500 on behalf of the City and the A. K. Smiley Public Library as designated by the University of Redlands, and approve additional appropriations totaling $18,822 for the corresponding expenditures in the Police and Fire Departments (Management Services/Finance Director Garcia) MOTION(S):
If the City Council determines that the staff's recommendations are appropriate, the following motions are provided:
I move to accept the donation of $22,322 from the University of Redlands and authorize the expenditure of such funds on behalf of the City and the A.K. Smiley Public Library as designated by the University of Redlands; and
1. I further move to approve additional appropriations totaling $18,822 for the corresponding expenditures in the Police and Fire Departments.
2. RECOMMENDATION:
It is recommended that the City Council accept this generous donation from the University of Redlands in the amount of $22,322 for the stated projects and approve the additional appropriations totaling $18,822 for the corresponding expenditures in the Police and Fire Departments.
DISCUSSION:
On September 14, 2023, the University of Redlands notified the City of its intent to donate $22,322 to the City as an “above budget” contribution to support the City and the A.K. Smiley Public Library. For the past two decades, the University has graciously donated funds to the City for specific projects, and this donation will bring the total contributions over that time period to $1,163,022. Of Redlands Regular Meeting of 11-7-2023
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the $22,322, the University of Redlands has made a $3,500 donation directly to the A.K. Smiley Public Library, for the purpose of funding Kanopy and Kanopy for Kids streaming video service. The Board of Trustees is responsible for the receipt and use of the donation as specified by the University of Redlands and, therefore, no appropriation is required in the City’s General Fund or any other City fund. The remaining $18,822 has been donated to the City by the University of Redlands. The Redlands Police Department will receive $12,000 for the annual service subscription of eight fixed mounted investigative cameras.
The Redlands Fire Department will receive $6,822 to fund the purchase of a new DJI Mavic Thermal Drone.
ALTERNATIVES:
Do not accept the donation.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Rachel Tolber, Chief of Police
Rich Sessler, Fire Chief
Don McCue, Library Director
PREPARED BY:
James Garland, Assistant Finance Director
Fiscal Impact
Fiscal Year: 2024
Revenue Generating: Yes
Appropriation Required Y/N: Y
Amount: $18,822
Budgeted Y/N: No
Account No.: Various
Discussion:
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Police Department:
Twelve Thousand dollars ($12,000) for annual service subscription of eight fixed mounted investigative cameras.
101202-6710 (Special Contractual Services).
Fire Department:
Six Thousand, Eight Hundred and Twenty-Two dollars ($6,822) for a new DJI Mavic 3 Thermal Drone .
101250-8706 (All Other Equipment)
The cost of these appropriations will be offset by the donation revenue received from the University of Redlands.
Attachments
Additional Appropriation Form - UofR
Donation Letter
Redlands Regular Meeting of 11-7-2023
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DATE
OF REQUEST:
An a
dditional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-
TRANSACTION
NO:
ACCOUNTING PERIOD:
Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY
OF REDLANDS
REQ
UEST FOR ADDITIONAL APPROPRIATION
FINANC
E USE ONLY
Pag
e 1 of 1
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City Council/Successor Agency Meeting J. 5.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a ratification of the Memorandum of Understanding and Sub-Agency Agreement between the San Bernardino County
Sheriff/Coroner/Public Administrator (County) and the Redlands Police Department (RPD) for the use of the LexisNexis Accurint Virtual Crime Center/Accurint Crime Analysis (AVCC/ACC) software and an additional appropriation of $12,397.50 to RPD (Police Chief Tolber)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to ratify the Memorandum of Understanding and Sub-Agency Agreement between the San Bernardino County Sheriff/Coroner/Public Administrator and the Redlands Police Department for the use of the LexisNexis AVCC/ACC software and approve an additional appropriation of $12,397.50 to the Police Department.
1. RECOMMENDATION:
Staff recommends ratification of the Memorandum of Understanding and Sub-Agency Agreement between the San Bernardino County
Sheriff/Coroner/Public Administrator and Redlands Police Department for the use of the LexisNexis AVCC/ACC, and approving an additional appropriation of $12,397.50.
DISCUSSION:
RPD has participated in data-sharing with the County via the COPLINK project since 2009. The data sharing initiative has been traditionally funded through the Homeland Security Grant funds, and has greatly assisted the RPD as well as all regional law enforcement efforts. The County has re-evaluated the service Redlands Regular Meeting of 11-7-2023
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provider for data sharing efforts. Based on that evaluation, the data sharing initiative will now be through LexisNexis AVCC/ACC software. The cost for the transition will not exceed the amount of $12,397.50, and all remaining costs will be covered by the Homeland Security Grant.
ALTERNATIVES:
The City Council may elect not to ratify the Memorandum of Understanding and Sub-Agency Agreement and direct staff accordingly.
STRATEGIC PLAN:
N/A
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
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Rachel Tolber, Chief of Police
Fiscal Impact
Fiscal Year: 23/24
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 12,397.50
Budgeted Y/N: N
Account No.: 101202
Discussion:
An additional appropriation of $12,397 from the General Fund unassigned balance is necessary to fund this project. The unassigned fund balance in the General Fund is projected to be approximately $21.7 million as of June 30, 2023.
Attachments
MOU
Redlands Regular Meeting of 11-7-2023
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MOU
Sub Agreement
Schedule A
Additional Appropriation
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City Council/Successor Agency Meeting J. 6.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Side Letter Agreement between the City and the Redlands Civilian Safety Employees Association (Assistant City Manager McConnell)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the Side Letter Agreement between the City and the Redlands Civilian Safety Employees Association.
RECOMMENDATION:
Staff recommends council approve the Side Letter Agreement between the City and the Redlands Civilian Safety Employees Association
DISCUSSION:
On July 5, 2023, the Council approved a Memorandum of Understanding (MOU) between the City and the Redlands Association of Civilian Safety Employees.
This MOU included the option for employees to deposit their sick leave balance into a Post- Employment Health Plan (PEHP), cash out a portion of their sick leave, or utilize sick leave towards service credit at the time of retirement. After further review of the PEHP with the plan administrator, it was determined that the option of cashing out sick leave is not allowable.
The City met with representatives of the RCSEA and agreed to modify Article 30 of the current MOU. This new language clarifies the benefit provided to unit members. All employees in the unit will deposit the balance of their sick leave into the PEHP or utilize sick leave towards service credit at the time of retirement. All other provisions of the MOU remain unchanged.
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ALTERNATIVES:
N/A
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Janice McConnell, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Amy Varela, RCSEA President
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Tommi Ng, Assistant Director, HR/Risk Management
Fiscal Impact
Discussion:
There is no fiscal impact.
Attachments
RCSEA Side Letter
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1 CITY OF REDLANDS AND REDLANDS CIVILIAN SAFETY EMPLOYEES ASSOCIATION SIDE LETTER OF AGREEMENT (2023)
This Side Letter of Agreement amending the July 1, 20 23 – June 30, 202 6 Memorandum of Understanding between Redlands Civilian Safety Employees Association (RCSEA) and the City of Redlands (“City”) is made and entered into this 7th day of November, 2023. Redlands Civilian Safety Employees Association and the City are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, on July 5, 2023 , RCSEA and the City agreed to a Memorandum of Understanding (“RCSEA MOU”) for the period of July 1, 2023 to June 30, 2026; and
WHEREAS, the Parties now wish to clarify their intentions with respect to Article 30, Sections D, E, and F of the RCSEA MOU; and
WHEREAS, representatives of the City and RCSEA have met and conferred in good faith, and now wish to effect changes with respect to Article 30, Section D, E, and F.
NOW, THEREFORE, in consideration of the mutual promises contained herein, RCSEA and the City agree as follows:
AGREEMENT
Section 1. Article 30, Sections D, E, and F of the RCSEA MOU, entitled “ Sick Leave” is hereby amended to read as follows:
D. AT SEPARATION OF SERVICE: Upon voluntary separation of service (excluding retirement), or layoff with the City, Unit employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula:
YEARS OF SERVICE PERCENT
10 – 15 25 %
16 – 20 35 %
21+ 50 %
E. UPON SERVICE RETIREMENT: Upon service retirement under the PERS retirement plan, Unit employees may elect to have all remaining sick leave accrued at the time of retirement converted to cash value at their final rate of pay, and deposited in the Post Employment Health Plan (PEHP) where it can be used for covered expenses such as applicable premiums payable under the City’s medical insurance program for the employee and the employee’s eligible dependents. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.
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2 F. CONVERSION TO SERVICE CREDIT: In lieu of benefit E above, Unit employees may elect to have all remaining sick leave accrued at the time of service retirement converted to PERS service credit.
CITY OF REDLANDS REDLANDS CIVILIAN SAFETY
EMPLOYEES ASSOCIATION
________________________________ _______________________________ Eddie Tejeda, Mayor Amy Varela, President
Attest:
_________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 7.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a two-year policy renewal with California Dental Network providing dental insurance coverage for City employees (Assistant City Manager McConnell)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve a two-year policy renewal for dental coverage with California Dental Network for City employees and their eligible dependents.
RECOMMENDATION:
Staff recommends the City Council approve a two-year policy renewal for dental coverage with California Dental Network for City employees and eligible dependents for the period of January 1, 2024 through December 31, 2025.
DISCUSSION:
The City currently contracts with Principal Dental and California Dental to provide dental insurance for eligible employees and their dependents. Utilization of the combination of these two plans provides the employees with options for services and provides additional savings to the City in the overall premium structure.
Each year our benefit broker, Alliant, negotiates with the carriers to provide the best renewal rate. This year, California Dental Network DHMO has quoted a premium increase of 5%, with a rate guarantee through December 31, 2025.
The attached renewal letter indicates the increases in premiums based on coverage levels.
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ALTERNATIVES:
The council may choose to not approve the renewal with California Dental Network.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Janice McConnell
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tommi Ng, Assistant Director, HR/Risk Management
PREPARED BY:
Liz Marin, HR Manager
Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: No
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Discussion:
Approval of the renewal with California Dental will result in a premium increase for the remainder of the 2023-2024 fiscal year in the amount of approximately $768.60.
Attachments
Renewal Letter
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September 8, 2023
Tommi Ng
City of Redlands
35 Cajon Street, Suite 10
Redlands CA 92373
Re: Group Number: 001938
Dear Tommi:
Thank you for your business. We appreciate the trust you’ve placed in us and look forward to our continued partnership. Your CDN A-75 Plus Plan is scheduled to renew January 1, 2024. The below renewal rates include a 2 year rate guarantee and will remain in effect until January 1, 2026.
Current Rates Renewal Rates
EE Only $14.88 EE Only $15.62
EE + 1 Dep $26.46 EE+ 1 Dep $27.78
EE + 2 or more Dep $40.46 EE + 2 or more Dep $42.48
CDN is committed to helping you provide affordable and meaningful dental benefits to your employees including the following advantages:
1)
1)
2)
“All-inclusive” crown copayments. Unlike most DHMO’s, we pay for the lab fees/cost of precious metals on behalf of our members.
Name brand crowns and dentures at a single copayment. This provides a huge value for your employees and exemplifies how CDN protects our members from dental “upselling”.
Comprehensive coverage for dental implants
If you have any questions about your plan or renewal, or if you are interested in considering a richer benefit plan or one with lower premiums, please let me know. As always, if there is anything we can do to help you or your employee’s, please feel free to contact me at 877-433-6827 Ext. 1414 or via email at n
[email protected].
Sincerely
Nicole Bell (formerly Nicole Mueller)
Account Manager
CC: Alliant Insurance Svcs
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City Council/Successor Agency Meeting J. 8.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Public Works Contract with Onyx Paving Company, Inc. for the 2022 Alley Paving
Improvements Project to extend the time for the completion by sixty-five (65) calendar days to January 6, 2024 (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to approve the First Amendment to the Public Works Contract with Onyx Paving Company, Inc. for the 2022 Alley Paving Improvements Project to extend the time for completion by sixty-five (65) calendar days to January 6, 2024.
RECOMMENDATION:
Staff recommends City Council approve the First Amendment to the Public Works Contract with Onyx Paving Company, Inc. for the 2022 Alley Paving Improvement Project to extend the time for the completion by sixty-five (65) calendar days to January 6, 2024.
DISCUSSION:
On May 16, 2023, City Council approved a Public Works Contract with Onyx Paving Company, Inc. (Onyx) to construct the 2022 Alley Paving Improvement Project (Project) for an amount not-to-exceed $2,082,000. The Project will resurface twenty-three (23) alleys, construct drainage facilities, and remove and replace driveways and sidewalks where necessary throughout the City.
The Project is under construction. However, the completion schedule has been delayed due to inclement weather and unforeseen conditions. Staff recommends a contract amendment to increase the time for completion by sixty-five (65) Redlands Regular Meeting of 11-7-2023
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a contract amendment to increase the time for completion by sixty-five (65) calendar days, resulting in a revised time for completion of one hundred eighty-five (185) calendar days to January 6, 2024. This is the only contract revision proposed.
ALTERNATIVES:
City Council may deny the staff recommendation, although doing so would prevent completion of the project.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:
Elva Arellanes, Associate Engineer
Fiscal Impact
Discussion:
There is no fiscal impact associated with this section.
Attachments
First Amendment to Onyx Public Works Contract
Executed Contract (For Reference Only)
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1 I:\cmo\Agreements\Onyx Paving Company, Inc. First Amendment FY22-0281.docx-ms
FIRST AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This first amendment (“First Amendment”) to the Public Works Construction Contract for the 2022 Alley Paving Improvement Project dated May 16, 2023 (the “Contract”), by and between the City of Redlands, a municipal corporation and general law city (“City”), and Onyx Paving Company, Inc., a California corporation (“Contractor”), is made and entered into this 7th day of November 2023.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the time for completion from receipt of notice to proceed one hundred eighty- five (185) calendar days of the contract to January 6, 2024; and
WHEREAS, the City Council approved the contract with contractor for work in accordance with the Contract Documents for City’s 2022 Alley Paving Improvement Project, Project No. 400023;
NOW, THEREFORE, in consideration of the mutual promises contained herein City and Contractor agree as follows:
AGREEMENT
Section 1. The time for completion, as set forth in Section 3 of the Contract, is hereby amended to increase Contractor’s time for completion and shall read as follows:
“TIME FOR COMPLETION: The Work shall be completed within one hundred eighty - five (185) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”
Section 2. All other provisions of the Contract shall remain unchanged by this First Amendment, and in effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of the 7th day of November 2023.
CITY OF REDLANDS ONYX PAVING COMPANY, INC.
________________________________ By: ________________________________ Eddie Tejeda, Mayor Corey R. Kirschner, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 9.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Public Works Contract with CEM Construction Corporation for the 2022 CIP Sewer Pipeline Replacement Project to extend the project completion time by ninety (90) calendar days to February 5, 2024 (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move to approve the First Amendment to the Public Works Contract with CEM Construction Corporation for the 2022 CIP Sewer Pipeline Replacement Project to extend the project completion time by ninety (90) calendar days to February 5, 2024
RECOMMENDATION:
Staff recommends that City Council approve the First Amendment to the Public Works Contract with CEM Construction Corporation for the 2022 CIP Sewer Pipeline Replacement Project to extend the project completion time by ninety (90) calendar days to February 5, 2024.
DISCUSSION:
On May 16, 2023, City Council approved a Public Works Contract with CEM Construction Corporation for the 2022 CIP Sewer Pipeline Replacement Project (Project) for an amount not-to-exceed $3,314,268. The Project will use cured-in-place pipe (CIPP) technology to rehabilitate approximately 12,672 linear feet of eight inch (8”), ten inch (10"), and twelve inch (12") diameter pipelines, and will remove and replace approximately 10,578 linear feet of eight inch (8”), ten inch (10"), twelve inch (12") diameter pipeline using traditional trenching practices. The Project is currently under construction. However, due to adverse Redlands Regular Meeting of 11-7-2023
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practices. The Project is currently under construction. However, due to adverse weather conditions, there have been delays in the completion schedule. Staff recommends a contract amendment to increase the time for completion by ninety (90) calendar days, resulting in a revised time for completion of two hundred and ten (210) calendar days to February 5, 2024. This is the only contract revision proposed.
ALTERNATIVES:
City Council may deny the staff recommendation, although doing so would prevent the completion of the project.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:
Johana Silva, Associate Engineer
Fiscal Impact
Discussion:
There is no fiscal impact associated with this action.
Attachments
First Amendment to CEM Construction Corporation Public Works Contract Executed Contract (For Reference Only)
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1 I:\cmo\Agreements\CEM Construction Corporation First Amendment FY22-0285.docx-ms
FIRST AMENDMENT TO PUBLIC WORK CONSTRUCTION CONTRACT
This first amendment (“First Amendment”) to the Public Works Construction Contract for the 2022 CIP Sewer Pipeline Replacement Project (“Contract”), dated June 20, 2023 , by and between the City of Redlands, a municipal corporation and a general law city (“City”), and CEM Construction Corporation, a California corporation (“Consultant”), is made and entered into this 7th day of November, 2023.
RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Contract, specifically to amend the time for completion from receipt of notice to proceed two hundred and ten (210) calendar days of the contract to February 5, 2024; and
WHEREAS, the City Council approved the Contract with CEM Construction Corporation for work in accordance with the Contract Documents for City’s 2022 CIP Sewer Pipeline Replacement Project, Project No. 521029;
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows:
AGREEMENT
Section 1. The time for completion, as set forth in Section 3 of the Contract, is hereby amended to increase Contractor’s time for completion and shall read as follows:
“TIME FOR COMPLETION: The Work shall be completed within two hundred and ten (210) 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.
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of 7th day of November, 2023.
CITY OF REDLANDS CEM CONSTRUCTION CORPORATION
________________________________ By: ________________________________ Eddie Tejeda, Mayor Jesus E. Carrillo, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 10.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC. for the Water Distribution System Supervisory Control and Data Acquisition (“SCADA”) Upgrade Project to extend the project time for completion to December 31, 2024 (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that City Council approve the Second Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC. for the Water Distribution System Supervisory Control and Data Acquisition (“SCADA”) Upgrade Project to extend the project time for completion to December 31, 2024.
RECOMMENDATION:
Staff recommends City Council approve the Second Amendment to the Non-Professional Services Agreement with TESCO Controls, LLC. for the Water Distribution System Supervisory Control and Data Acquisition (“SCADA”) Upgrade Project to extend the project time for completion to December 31, 2024.
DISCUSSION:
The Municipal Utilities and Engineering Department (MUED) utilizes a supervisory control and data acquisition (SCADA) system to remotely operate and monitor fifty-five (55) facilities within the water distribution system. Initially, twenty-four (24) of these facilities were on the San Bernardino County (County) analog radio network, ten (10) of these facilities were on a City-owned radio network, and the remaining twenty-one (21) facilities were operated manually. In April 2018, the County notified MUED staff that their analog radio network would Redlands Regular Meeting of 11-7-2023
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April 2018, the County notified MUED staff that their analog radio network would soon be abandoned, and agreed to maintain their network only until the City's SCADA system is transitioned to the City-owned radio network. Soon after, MUED staff initiated the process to design a comprehensive SCADA system upgrade, which included a system review, field investigation of all sites, and preparation of plans, specifications and cost estimates to transition all water distribution system facilities to the City-owned radio network. Several sites have already been transitioned to the City-owned radio network. The remaining sites are scheduled to transition onto the City-owned radio network with this Project.
On December 7, 2021, City Council approved a Non-Professional Services Agreement with TESCO Controls, LLC. (TESCO) to complete the project in two (2) annual phases. On November 15, 2022, City Council approved the First Amendment to the Agreement to combine the two phases of the project into one phase and extend the term until December 7, 2023. However, due to lengthy project material lead times and reorganization of the TESCO's project management team, the project cannot be successfully completed before the Agreement termination date. Therefore, staff recommends extending the project time for completion to December 31, 2024, and updating the contact name and contact information for the Contractor. No additional revisions to the original Agreement are proposed.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Goutam K. Dobey, City Engineer
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Fiscal Impact
Discussion:
There is no fiscal impact associated with this action.
Attachments
A. Second Amendment to TESCO Agreement
B. First Amendment (Reference only)
C. Tesco Controls Agreement (Reference only)
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1 I:\cmo\Agreements\Tesco Controls, LLC Second Amendment FY22-0287.docx-ms
SECOND AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL
SERVICES FOR IMPROVEMENT TO PUBLIC BUILDING AND GROUNDS
This second amendment (“ Second Amendment”) to the agreement for the water distribution system supervisory control and data acquisition (“SCADA”) upgrade project (“Agreement”), dated December 7, 2021, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and TESCO Controls, LLC, a Delaware Limited Liability Company (“Contractor”), is made and entered into this 7th day of November, 2023.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically to extend the time for completion of the services to December 31, 2024; and
WHEREAS, it is further the desire of the City and Contractor to amend Article 5.3 of their existing Agreement to reflect a change in the contact name , phone number , and email of Contractor;
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Contractor agree as follows:
AGREEMENT
Section 1. Section 4.2 of the Agreement, entitled “Performance of Services,” is hereby amended to read as follows:
“4.2 Contractor shall complete the Services by December 31, 2024, unless the Services are earlier terminated as permitted herein.”
Section 2. Subsection 5. 3 of Article 5 of the Agreement, which Article is entitled “Payments to Contractor,” is hereby amended to read as follows:
CONTRACTOR
Delven Diaz, Director of Sales
TESCO Controls, LLC
8440 Florin Road
Sacramento, CA, 95828
[email protected]
(916) 849-9779
Section 3. All other provisions of the Agreement shall remain unchanged by th is Second Amendment and in effect.
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2 I:\cmo\Agreements\Tesco Controls, LLC Second Amendment FY22-0287.docx-ms IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of November 7, 2023.
CITY OF REDLANDS TESCO CONTROLS, LLC
________________________________ By: ________________________________ Eddie Tejeda, Mayor Delven Diaz, Director of Sales
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 11.
DATE: 11/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve amendments to the Memorandum of Understanding and Funding Agreement with San Bernardino Valley Municipal Water District, East Valley Water District, and San Bernardino Municipal Water Department for the development of a Salt Mitigation Plan and Feasibility Study (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move City Council approve the amended Memorandum of Understanding for the Mitigation of Salt Loading in the Bunker Hill-B Management Zone and the amended Cost Share Agreement for Bunker Hill-B Management Zone Feasibility Study.
RECOMMENDATION:
Staff recommends City Council approve the amended Memorandum of Understanding for the Mitigation of Salt Loading in the Bunker Hill-B Management Zone and the amended Cost Share Agreement for Bunker Hill-B Management Zone Feasibility Study.
DISCUSSION:
In 2004, the City implemented a new Membrane Bioreactor (MBR) treatment process at the Wastewater Treatment Plant (WWTP) to expand treatment capacity and allow for additional percolation of treated effluent to recharge the groundwater basin. In 2015, the San Bernardino Basin Groundwater Council was formed to regionalize the effort to maintain the health of the groundwater basin and Redlands was credited for this groundwater basin recharge in lieu of importing new water resources. Engineering for the final phase of the WWTP Improvement Project is nearly complete and staff is developing a funding plan Redlands Regular Meeting of 11-7-2023
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Improvement Project is nearly complete and staff is developing a funding plan and construction phasing concept to move the project forward. This phase of the project will increase the WWTP treatment and recharge capacity from 6.0 MGD to 9.5 MGD.
Currently, San Bernardino Valley Municipal Water District (SBVMWD) is constructing a recycled water conveyance system and groundwater recharge facility known as the Weaver Basins. San Bernardino Municipal Water Department (SBMWD) recently began constructing a Tertiary Treatment System that will recharge treated wastewater effluent in the Weaver Basins. Similarly, East Valley Water District (EVWD) is constructing a project that will recharge treated wastewater effluent in the Weaver Basins. Although these projects are important for sustaining healthy groundwater levels, they will also increase salt loading within the basin. The Redlands project will add to this groundwater basin salt loading when it is constructed and operating. The State Water Resources Control Board's (SWRCB) Recycled Water Policy requires individual projects to include an Antidegradation Analysis to determine if assimilative capacity remains for project salt and nutrient loading. Although individual projects are permitted to consume up to ten percent (10%) of available assimilative capacity within a groundwater basin, multiple projects within the same groundwater basin may cumulatively consume up to twenty percent (20%) of available assimilative capacity.
On March 7, 2023, City Council approved a "Memorandum of Understanding for the Mitigation of Salt Loading in the Bunker Hill-B Management Zone" (MOU) and "Cost Share Agreement for Bunker Hill-B Management Zone Feasibility Study" (CSA) with the goal of proactively meeting the anticipated SWRCB requirement to develop a regional salt loading mitigation strategy. The MOU establishes the general process framework and responsibilities of each party and the CSA obligates each party to an equal cost share of twenty-five percent (25%) for the development of the Feasibility Study, facilitation services, and grant application support. City Council also appropriated additional funding of $117,000 for these services.
Recently, the parties cooperatively selected a consultant to develop the Feasibility Study and reconciled anticipated project expenses. This decreased Redlands' total anticipated project cost from $117,000 to $105,275. The amended CSA includes the updated total project cost. Furthermore, the project was also recently awarded a $274,000 Bureau of Reclamation grant, which reduces the Redlands' total anticipated cost by an additional $61,750 to $43,525.
The parties also cooperatively refined the MOU to better clarify the project goals and include partnership principles.
Staff recommends City Council approval of the revised MOU and CSA.
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ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Discussion:
There is no fiscal impact associated with this action.
Attachments
BHB MOU First Amendment
BHB Cost Share Agreement First Amendment
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MEMORANDUM OF UNDERSTANDING FOR THE
MITIGATION OF SALT LOADING IN THE BUNKER HILL-B MANAGEMENT ZONE
BY AND BETWEEN
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, EAST VALLEY WATER DISTRICT,
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT, AND CITY OF REDLANDS
This Memorandum of Understanding (MOU) for the Mitigation of Total Dissolved Solids (TDS, Salt ) Loading in the Bunker Hill-B Management Zone is entered into and effective on the 25th day of January 2023 among the following listed Signatories: San Bernardino Valley Municipal Water District (“Valley District”), East Valley Water District (“EVWD”), City of San Bernardino Municipal Water Department (“San Bernardino”), and City of Redlands (“Redlands”), collectively referred to as the “Parties”.
Recitals
A. In 2009, the State Water Resources Control Board adopted a Recycled Water Policy that encourages public agencies to recycle municipal wastewater as it becomes an increasingly valuable source of water for the State. The Recycled Water Policy was amended in 2018 to encourage development of groundwater recharge projects using recycled water.
B. The Recycled Water Policy requires evaluation and management of salt and nutrient loading to groundwater as a result of basin-wide recycled water use for irrigation and/or recharge.
Groundwater recharge project proponents are required to participate in applicable salt and nutrient management planning efforts.
C. The Recycled Water Policy also requires Antidegradation Analysis (State Water Resources Control Board Resolution 68-16) for all groundwater recharge projects to determine if assimilative capacity is available for projected salt and nutrient loading. Individual projects are permitted to consume up to 10% of available assimilative capacity in a basin, while multiple projects may consume up to 20% of available assimilative capacity.
D. Valley District is constructing the Regional Recycled Water Facilities which includes a recycled water conveyance system and a groundwater recharge facility known as the Weaver Basins. The conveyance system will allow recycled water to be conveyed from EVWD and San Bernardino facilities to the Weaver Basins.
E. EVWD is constructing Sterling Natural Resource Center, a new water reclamation facility that will recycle wastewater from EVWD’s service area and recharge it via Weaver Basins into Bunker Hill-B Groundwater Management Zone.
F. San Bernardino is developing the Tertiary Treatment System, which will produce recycled water from the San Bernardino Water Reclamation Plant (WRP) with the intent of beneficially using in and around WRP for general plant use and irrigation. Valley District’s recycled conveyance system will convey recycled water from the WRP and will also convey recycled water produced by EVWD via a future pipe connection to Valley District’s conveyance system for recharge via Weaver Basins into Bunker Hill-B Groundwater Management Zone.
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G. Redlands has existing Waste Discharge Requirements for treatment and discharge of recycled water from its service area into Bunker Hill-B Groundwater Management Zone. Phase 2 expansion of its Redlands Wastewater Treatment Facility will increase recycled water discharges via Redlands Basins.
H. The Parties believe that through their cooperative work, they can treat and discharge recycled water in a manner that will maximize benefits to the Bunker Hill-B Groundwater Management Zone, the Parties, and their ratepayers.
I. Using recycled water to replenish the Bunker Hill-B Groundwater Management Zone provides a drought tolerant water supply that improves water supply reliability for the Parties and the region and also provides a drought buffer for those agencies in the event of a prolonged drought.
J. The Parties, together with a number of other water agencies, are working together to develop a collaborative regional plan – the Upper Santa Ana River Watershed Salt & Nutrient Management Plan – that supports increasing the use of recycled water for groundwater replenishment and other purposes, while also managing groundwater quality to provide the maximum benefits to the people of the State.
K. The Upper Santa Ana River Watershed Salt & Nutrient Management Plan is a multi-year effort and will not be complete before the Parties – namely EVWD’s Sterling Natural Resources Center , and potentially San Bernardino’s Tertiary Treatment System and Redlands’ Phase 2 expansio n of its Redlands Wastewater Treatment Facility – require executed Waste Discharge Requirements for the recycled water discharge projects listed above. This MOU is intended to establish and implement salt mitigation commitments for the Parties, to be reflected in the Upper Santa Ana River Watershed Salt & Nutrient Management Plan. Salt mitigation commitments may include regional groundwater quality monitoring, brine line discharge for high-TDS industries, optimized chemical use at wastewater treatment/reclamation facilities, a regional recycled water desalter , and enhanced upstream recharge of low-TDS water.
L. The Parties wish to establish and agree to a framework for their working collaboratively toward mitigation of salt loading that will occur due to all the Parties’ recycled water recharge operations within the Bunker Hill-B Groundwater Management Zone, prior to the implementation of the Upper Santa Ana River Watershed Salt & Nutrient Management Plan.
Agreements
1. The Parties agree that they will work together in good faith to develop and implement a regional approach to salt mitigation in Bunker Hill-B Groundwater Management Zone, prior to the implementation of the Upper Santa Ana River Watershed Salt & Nutrient Management Plan . This may include a regional recycled water desalter and associated brine line, enhanced upstream recharge of low-TDS water, or other regional project constructed via partnership between all Parties that contribute salt loading to the basin.
2. The Parties agree that assignment of responsibility for salt mitigation shall be based on mass loading of salts to the basin by the Parties’ recycled water contributions and overall benefit to the basin and its stakeholders, as calculated through a mutually agreeable Antidegradation Analysis or similar effort.
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3. The Parties will continue to participate in the development of the Upper Santa Ana River Watershed Salt & Nutrient Management Plan to manage salt and nutrient loading in the broader San Bernardino Basin Area and will support mitigation strategies for Bunker Hill-B Groundwater Management Zone in accordance with the responsibility structure set forth in paragraph 2.
4. The Parties will conduct collaborative reporting and assessment to document the assimilative capacity that is consumed by the Parties’ recycled water recharges. Annually, each Party shall provide total discharge volumes and TDS concentrations to a mutually agreeable third party who shall calculate mass loading by each Party and calculate use of available assimilative capacity, both individually and cumulatively.
5. The Parties will collaborate on a Feasibility Study (conceptual design and engineering, alternative salt mitigation strategies, benefits analysis, economic modeling for cost share) for a regional recycled water desalter, to be completed by December 2024. The regional recycled water desalter will be defined in this Feasibility Study to serve as supporting documentation for funding pursuits.
6. The Parties agree to develop and execute a Funding Agreement for cost share of the Feasibility Study in Item 5 by March 2023.
7. Wastewater that goes through advanced water treatment processes (reverse osmosis) and is recharged to the Bunker Hill basin has additional regional benefits by contributing to removal of multiple water quality constituents that may be of concern to the Parties. The Parties shall also consider these regional benefits in the design of the regional recycled water desalter or other salt mitigation strategy.
8. The Parties will collaborate on development of a Salt Mitigation Implementation Plan for Bunker Hill-B Groundwater Management Zone, to be completed and submitted to Santa Ana Regional Water Quality Control Board by June 2025, which defines the selected mitigation strategy, operations, roles and responsibilities, cost share, and schedule.
9. The Parties will use 285 mg/L ambient TDS concentration as an “action limit” – once 10% of available assimilative capacity (5 mg/L increase over 280 mg/L ambient condition 1) is used in
Bunker Hill-B Groundwater Management Zone, based on the collaborative reporting and assessment completed annually, the Parties shall begin implementation (final design and construction) of the regional desalter. Based on current modeling results, with implementation of a regional desalter, the action limit is expected to be reached in year 2027.
10. The Parties will ensure that the salt mitigation measures are constructed and operational by the time 20% of available assimilative capacity (10 mg/L increase over 280 mg/L ambient condition 2) is consumed. Based on current modeling results, prior to construction and start-up of the regional desalter, total allowable assimilative capacity is expected to be reached in 2031. Construction of
1 Santa Ana Watershed Project Authority’s 2020 Recomputation of Ambient Water Quality in Santa Ana River Watershed for the Period 1999-2018
2 Ibid.
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the regional recycled water desalter or other salt mitigation strategy will be completed by the end of 2031, with operation beginning in January 2032. With implementation of a regional recycled water desalter, cumulative TDS loading from the four regional partners will not exceed total allowable assimilative capacity within the model timeframe (60 years).
11. Should the Upper Santa Ana River Watershed Salt & Nutrient Management Plan analysis and findings be accepted by regulatory agencies in the future, and with consensus of the Regional Water Quality Control Board, the Parties may amend this MOU to revise the “mitigation strategies” in Paragraph 1 and/or “action limits” identified in Paragraphs 9 and 10 in order to be consistent with the Plan.
12. The Parties will collaborate via committee made up of the General Managers of each of the four Parties, or their designees. All decisions shall be made on a unanimous basis.
13. The Parties hereby authorize their respective General Managers or designees to develop administrative and operating rules and procedures that may be needed to implement the terms of this MOU.
14. All notices, requests, demands, or other communications required or permitted under this MOU shall be addressed as follows:
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
Heather Dyer, General Manager
380 East Vanderbilt Way
San Bernardino, CA 92408
[email protected]
EAST VALLEY WATER DISTRICT
Michael Moore, General Manager/CEO
31111 Greenspot Road
Highland, CA 92346
[email protected]
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
Miguel Guerrero, General Manager
PO Box 710
San Bernardino, CA 92402
[email protected]
CITY OF REDLANDS
John Harris, Director, Municipal Utilities & Engineering Department 35 Cajon St Suite 15A
Redlands, Ca 92374
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In witness whereof, the Parties have caused this MOU to become effective by their respective endorsements below:
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
EAST VALLEY WATER DISTRICT
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
CITY OF REDLANDS
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MEMORANDUM OF UNDERSTANDING FOR THE
MITIGATION OF SALT LOADING IN THE BUNKER HILL-B MANAGEMENT ZONE AMENDMENT 01
Amendment 01 for this Memorandum of Understanding (MOU) for the Mitigation of Salt Loading in the Bunker Hill-B Management Zone is entered into and effective on the 17 th day of October 2023 among the following list of Signatories: San Bernardino Valley Municipal Water District (“Valley District”), East Valley Water District (“EVWD”), City of San Bernardino Municipal Water Department (“San Bernardino”), and City of Redlands (“Redlands”), collectively referred to as the “Parties”.
WHEREAS, the Parties entered into the MOU, dated January 25, 2023, in which the Parties agreed that they would work together in good faith to develop and implement a regional approach to salt mitigation in Bunker Hill-B Groundwater Management Zone; and
WHEREAS, Agreement 2 of the MOU states that the Parties agree that assignment of responsibility for salt mitigation shall be based on mass loading of salts to the basin by the Parties’ recycled water contributions and overall benefit to the basin and its stakeholders, as calculated through a mutually agreeable Antidegradation Analysis or similar effort; and
WHEREAS, Agreement 5 of the MOU states that the Parties will collaborate on a Feasibility Study for a regional recycled water desalter and other salt mitigation strategies to be completed by December 2024, Agreement 6 of the MOU states that the Parties will develop and execute a Funding Agreement for cost share of the Feasibility Study, and Agreement 8 of the MOU states that the Parties will complete a subm it a Salt Mitigation Implementation Plan to the Santa Ana Regional Water Quality Control Board by June 2025; and
WHEREAS, the Parties entered into Cost Sharing Agreement for the Bunker Hill- B Management Zone Feasibility Study, dated March 9, 2023, which provides for a 25% cost share of the invoiced costs associated with the development of the Feasibility Study; and
WHEREAS, since execution of the MOU, the Parties have developed Partnership Principles to outline the decision-making process among the Parties , articulate guiding principles for group conduct, describe how consultants will be managed, and explain how new partners can be added as the Parties embark on beneficial projects and processes to serve the Bunker Hill-B Management Zone.
NOW, THEREFORE, the Parties agree as follows:
1. Agreement 5 shall be revised to extend completion of the Feasibility Study to June 2025.
2. Agreement 8 shall be revised to extend completion of a Salt Mitigation Implementation Plan for submittal to Santa Ana Regional Water Quality Control Board to December 2025.
3. The Partnership Principles agreed upon by the Parties attached hereto shall be incorporated into the MOU as Exhibit A.
4. Valley District will continue to serve as a facilitator and the Administering Agency pursuant to the Cost Sharing Agreement. Valley District will not directly bring new capital, operational, nor maintenance investments to fund a potential future regional desalter . However, Valley District will support and facilitate efforts by the Parties to obtain an d administer outside funding such as state or federal grants, and/or potential contributions from other basin stakeholders. Valley District will Redlands Regular Meeting of 11-7-2023
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redirect Local Resource Investment Program (LRIP) payments at the request of LRIP parties. Each Party is ultimately responsible for mitigating salinity impacts from their respective recycled water projects.
IN WITNESS WHEREOF, the parties hereto have entered into this instrument as of the Effective Date set forth above.
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
By:
Name:
Date:
EAST VALLEY WATER DISTRICT
By:
Name:
Date:
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT
By:
Name:
Date:
CITY OF REDLANDS
By:
Name:
Date:
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Exhibit A
Partnership Principles
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Partnership Principles
Bunker Hill Basin Regional Recycled Water Coalition
July 14, 2023
1.0 Purpose
The purpose of this Partnership Agreement for the Bunker Hill Basin Regional Recycled Water Coalition (Coalition) is to outline the decision -making process among the agencies, articulate guiding principles for Coalition conduct, describe how consultants will be managed, and explain how new partners can be added as the partner agencies embark on beneficial projects and processes to serve the Bunker Hill-B Groundwater Management Zone (GMZ).
The Guiding Principles derive from and include by reference the Memorandum of Understanding for the Mitigation of Salt Loading in the Bunker Hill- B Management Zone by and Between San Bernardino Valley Municipal Water District, East Valley Water District, City of San Bernardino Municipal Water Department, and the City of Redlands (Coalition MOU).
This Partnership Agreement is valid through submittal of the Salt Mitigation Implementation Plan to Santa Ana Regional Water Quality Control Board, anticipated to occur in June 2025. Following submittal of the Salt Mitigation Imple mentation Plan, the Coalition shall revisit the Partnership Agreement and either amend the existing agreement or create a new agreement to best capture the next phases of the Coalition’s efforts and corresponding commitments.
2.0 Coalition Partners
The Coalition is made up of the following four agencies:
San Bernardino Valley Municipal Water District (San Bernardino Valley) East Valley Water District (EVWD)
City of San Bernardino Municipal Water Department (SBMWD) City of Redlands (Redlands)
The core parties that make up the Coalition are described below.
Coalition Boards/Councils
The respective legislative bodies of the four agencies have designated representatives as Steering Committee members.
Coalition Steering Committee
The Steering Committee is responsible for determining appropriate salinity management strategies for the Bunker Hill-B GMZ. The following describes the current recycled water recharge operations of each Steering Committee agency.
San Bernardino Valley is constructing the Regional Recycled Water Facilities which includes a recycled water conveyance system and a groundwater recharge facility known as the Weaver Basins. The conveyance system will allow recycled water to be conveyed from EVWD and SBMWD facilities to the Weaver Basins.
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EVWD is constructing Sterling Natural Resource Center, a new water reclamation facility that will recycle wastewater from EVWD’s service area, convey it through San Bernardino Valley’s recycled water conveyance infrastructure, and recharge it via Weaver Basins into Bunker Hill-B GMZ.
SBMWD is developing the Tertiary Treatment System, which will produce recycled water from the San Bernardino Water Reclamation Plant (WRP) for beneficial use in and around the WRP (plant use and irrigation). Recycled water will also be conveyed through San Bernardino Valley’s recycled conveyance system for recharge via Weaver Basins into Bunker Hill-B GMZ.
Redlands has existing Waste Discharge Requirements for treatment and discharge of recycled water from its service area into Bunker Hill-B GMZ. Phase 2 expansion of its Redlands Wastewater Treatment Facility will increase recycled water production for distribution to recycled water end users and/or discharge to the Redlands Basins.
The Coalition believes that through their cooperative work, they can treat and discharge recycled water in a manner that will maximize benefits to the Bunker Hill-B GMZ, their agencies, and their ratepayers.
A map of the three recycled water projects located in the Bunker Hill basin is included as Figure
1. Coalition Administrator
San Bernardino Valley has been determined as the Administrating Agency for the Coalition by the members of the Steering Committee. San Bernardino Valley will coordinate among the four agencies in development of a Bunker Hill Basin Regional Recycled Water Feasibility Study (Feasibility Study).
3.0 Responsibilities
The primary responsibilities of each party of the Coalition are identified below.
Coalition Boards/Councils
Each respective legislative body for the four Coalition agencies will be responsible for:
Receiving updates on the Feasibility Study and directing its Steering Committee members as it deems appropriate.
Approving an updated Memorandum of Understanding (or similar arrangement) outlining the Coalition’s next steps following completion of the Feasibility Study.
Coalition Steering Committee
The Steering Committee shall be responsible for:
Participating in execution of this Partnership Agreement and development and implementation of an Outreach Strategy for Coalition activities. Selecting an engineering firm to prepare the Feasibility Study.
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Collaborating on the Feasibility Study for a regional approach to salinity management in Bunker Hill-B GMZ, to be completed by June 2025.
Reviewing and providing comments on the Feasibility Study. Considering and approving any potential scope enhancements to the Feasibility Study, and sharing the additional costs equally at 25 percent, if any. Collaborating on development of a Salt Mitigation Implementation Plan for Bunker Hill-B GMZ to be completed and submitted to Santa Ana Regional Water Quality Control Board by December 2025.
Coalition Administrator
San Bernardino Valley will be responsible for:
Serving as point-of-contact for coordinating with Coalition consultants, including managing any necessary Request for Proposals and procurement processes, as well as entering into an agreement with each of the Coalition consultants. Day-to-day oversight of the Coalition consultants (grant writer, facilitator, engineer, and others as needed).
Tracking and invoicing of costs associated with consultant work, along with billing of equal share (25 percent each) to Coalition parties.
Coordinating with consultants on monthly progress reports to the Steering Committee. Ensuring Title XVI planning grant obligations are met and reimbursements received (if awarded).
4.0 Decision Making
The Steering Committee will seek to make decisions through consensus. Consensus is a form of decision-making that concludes only when all participants reach agreement. This does not mean that all participants must provide an unqualified “yes” on a decision; however, all parties must agree to support and implement it.
To facilitate decision-making discussions when consensus is not immediately met, the following levels of consensus can be referenced to communicate how comfortable Steering Committee members are with moving forward with a decision.
1. I can say an unqualified "yes"!
2. I can accept the decision.
3. I can live with the decision.
4. I do not fully agree with the decision, however, I will not block it and will support it.
5. I do not agree with the decision and feel the need to stand in the way of this decision being accepted.
If any members communicate that they are a level four or five on the consensus scale, the Steering Committee shall take the time to hear and consider additional ideas and reasoning.
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Figure 1: Map of Regional Recycled Water Projects
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In support of consensus -based decision -making, the Coalition parties agree to come to discussions with an open mind, view differences of opinions as helpful rather than harmful, and avoid changing their mind only to reach an agreement and avoid conflict.
In the event a decision cannot be made through consensus and a majority vote is required, each agency will receive one vote, all of which will be weighted equally, and the decision with the most votes will move forward.
5.0 Membership
Should an existing Coalition partner choose to exit the Coalition prior to completion of the Salt Mitigation Implementation Plan in December 2025, all monetary contributions from the date of execution of the Coalition MOU shall be forfeited. The Coalition MOU and Cost Share Agreement shall be amended to reflect the new Coalition membership.
Should a new water or recycled water agency in the Bunker Hill Basin desire to join the Coalition during this timeframe, that new partner shall pay an equal share of all monetary contributions from the date of execution of the Coalition MOU. This share shall be held by the Coalition Administrator for use in Coalition-directed activities or redistribution among the existing partners as a reimbursement for early phase work. The Coalition MOU and Cost Share Agreement shall be amended to reflect the new Coalition membership.
6.0 Success Factors and Barriers to Success
In April 2023, the Coalition partners identified how to define success for the Coalition’s efforts and anticipated challenges the group will face. The following categories were used to define both the success factors and barriers:
Governance/Decisions Making
Stakeholder/Outreach
Technical
Regulatory
Schedule
Funding
The activity responses were discussed at the Steering Committee meeting on April 20, 2023, and have been used to develop the Guiding Principles discussed below.
7.0 Guiding Principles
Members agree to the following guiding principles to inform and guide Steering Committee deliberations, foster constructive discussions, promote a clear and shared set of expectations, and encourage collaboration.
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Dedicated Participation and Respectful Engagement
Commitment to Collaborate. All members agree to work together in a constructive manner to meet key milestones. Understand that all agencies are equal and agree to support partner projects. Strive to reach consensus on positions of shared interest and proactively identify barriers for discussion and, where possible, resolution at the earliest opportunity. Once decisions are made will support successful implementation.
Equitable Cost Share. All members agree to work collaboratively to develop a fair and equitable cost sharing agreement. No one is to benefit at the expense of others, and all parties agree to negotiate in good faith. Per the Coalition MOU, all members agree that future cost responsibilities for salt mitigation shall be based on the mass loading of salts to the basin by the members’ recycled water contributions and overall benefit to the basin and its stakeholders, as calculated through a mutually agreeable Antidegradation Analysis or similar effort.
Commitment of Time. Strive to attend meetings consistently; we need everyone at the table throughout. Contribute your thoughts and share our time so everyone can participate.
Respect Others and the Process . Seek opportunities to share your perspective and understand the perspectives of others. Listen intently to what others are saying. Be honest and fair, and as candid as possible. If you hear something you do not understand, ask questions to clarify. If you hear something you do not agree with, help people understand your concerns.
Support an Effective Process
Rely on Credible Information. To foster effective dialogues, members agree to mutually support a transparent and inclusive process where parties commit to providing and relying on credible data and clear criteria to inform decision -making and to draw on the advice of the Feasibility Study consultant.
Equitable Allocation of Assimilative Capacity . All members agree to work collaboratively to develop a fair and equitable allocation of assimilative capacity. All members agree to strive for consistency in their approach to permitting with the Regional Water Quality Control Board and have shared permitting expectations to ensure consistency in permit conditions and requirements across partner agencies.
Support the Schedule . Provide timely responses and input to communication and deliverables and be transparent and timely in the delivery of pertinent information. Commit to meeting key milestones and provide adequate time for members and stakeholders when requesting information.
State-of-the-Art Analysis . Commitment to a science- based process for identifying and evaluating technical alternatives and salinity management strategies. Be proactive and creative about potential solutions and benefits to regional stakeholders.
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Invest in Stakeholder Engagement
Transparency. Commitment to address groundwater salinity at regional level, sharing information freely among partners and stakeholders.
Strive for Consistent Communication . All members agree to support the development and communication of united messaging to stakeholder groups (including regulatory agencies) and collaborate on the direction of the messaging specific to the stakeholder.
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COST SHARE AGREEMENT FOR BUNKER HILL-B MANAGEMENT ZONE
FEASIBILITY STUDY
This Cost Sharing Agreement for the preparation of a Feasibility Study related to the Mitigation of Total Dissolved Solids (TDS, Salt) Loading in the Bunker Hill-B Management Zone is entered into and effective on the 9th day of March 2023 among the following listed Signatories:
San Bernardino Valley Municipal Water District (“Valley District”), East Valley Water District (“EVWD”), City of San Bernardino Municipal Water Department (“San Bernardino”), and City of Redlands (“Redlands”), collectively referred to as the “Parties”.
Recitals
WHEREAS, the State Water Resources Control Board’s Recycled Water Policy encourages public agencies to recycle municipal wastewater, including in the development of groundwater recharge projects, to enhance the State’s existing water supply; and
WHEREAS, the Parties, together with a number of other water agencies, are working together to develop a collaborative regional plan – the Upper Santa Ana River Watershed Salt & Nutrient Management Plan – that increases the use of recycled water for groundwater replenishment and other purposes, while also managing groundwater quality to provide the maximum benefits to the State; and
WHEREAS, the Parties believe that through their cooperative work, they can treat and discharge recycled water in a manner that will maximize benefits to the Bunker Hill-B Groundwater Management Zone, the Parties, and their ratepayers; and
WHEREAS, using recycled water to replenish the Bunker Hill-B Groundwater Management Zone provides a drought tolerant water supply that improves water supply reliability for the Parties and the region and also provides a drought buffer for those agencies in the event of a prolonged drought; and
WHEREAS, the Parties will collaborate on a Feasibility Study (conceptual design and engineering, benefits analysis, economic modeling for cost share) for a regional desalter, to be completed by September 2024; and
WHEREAS, the Parties believe that there is potential to pursue and apply for available and qualifying grants, such as the WaterSMART FY2023 Water Recycling and Desalination Planning Grant Program.
WHEREAS, the Feasibility Study is expected to serve as supporting documentation for future funding pursuits; and
WHEREAS, the Parties wish to establish and agree to a framework for sharing costs associated with the preparation of the Feasibility Study and related facilitation services.
Redlands Regular Meeting of 11-7-2023
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Agreements
NOW, THEREFORE, the Parties agree as follows:
1. Term. This Agreement shall be effective on the date of the last signature to this agreement, and shall remain in effect until December 31, 2024, unless terminated earlier as provided herein. Termination or expiration of this Agreement will not excuse any Party from payment of costs incurred under this Agreement prior to the termination or expiration date.
2. Feasibility Study Steering Committee. The Parties will collaborate via committee made up of the General Managers of each of the four Parties, or their designees (“Steering Committee”), the purpose of which to be shall oversee and direct the selection of a consultant and preparation of the Feasibility Study. To support the work of the committee, the Parties intend to engage a consultant to provide facilitation services. The costs of the Feasibility Study preparation and of the associated facilitation services will be shared equally among the parties. All decisions shall be made on a unanimous basis.
3. Agreement to Share Costs. Each Party will be responsible for 25% of the invoiced costs associated with the development of the Feasibility Study, the associated facilitation services, and grant assistance services. Upon selection of final consultants for this work product, this Agreement will be amended to include as an exhibit the final scope of work and estimated budget for each of those consultant services.
4. Administering Agency: An Administering Agency will be appointed by the members of the Steering Committee by unanimous agreement of each Party’s designated representative. The Administering Agency will be responsible for day-to-day oversight of the consultant, invoicing of costs, and providing progress reports to the Steering Committee. Valley District will be the initial Administering Agency.
5. Contracting for Feasibility Study. The Administrating Agency shall, in cooperation with the Steering Committee, prepare a Request for Proposals, identify appropriate consultant(s), and enter into a contract for the preparation of the Feasibility Study.
6. Contracting for Grant Assistance. The Parties agree to pursue qualifying grants to assist with potential funding for planning, design, and future construction of the regional desalter project. The Parties agree to apply any potentially awarded grants towards the costs of the regional desalter project.
7. Invoicing and Payment of Costs. The Administering Agency will submit invoices to each of the Parties for work based on the cost-share percentages specified in Section 3 of this Agreement. Invoices will be provided to the Parties quarterly, and are payable within 30 days of receipt.
8. Amendment. This Agreement may be amended from time to time. No alteration, amendment, or variation of this Agreement shall be valid unless made in writing and signed by all Parties.
Redlands Regular Meeting of 11-7-2023
346 of 535