Redlands City Council
July 5, 2023

CITY OF REDLANDS

CITY COUNCIL

SUCCESSOR AGENCY

A G E N D A S
JULY 5, 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, JULY 5, 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
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org or
to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.

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

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

To provide comment while participating from Council Chambers:

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

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

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

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

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

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
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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 legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Abich Garcia)
One Case:

Nelson v. City of Redlands,San Bernardino Superior Court, Case No. CIVSB20140531.

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6:00 P.M.

E. Reconvene City Council Meeting
F. Invocation by Mayor Tejeda - Pledge of Allegiance
(In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) 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 recognizing Clare Henry Day presented to Michael Day.

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.)

1. Approve the regular meeting minutes of June 20, 2023 (City Clerk Donaldson)

2. Authorize issuance of proclamation recognizing Clare Henry Day (Mayor Tejeda)

3. Approve recommendation for appointment to the Cultural Arts Commission (Mayor Pro Tem Barich)

4. Disclosure and Approval of Settlement Agreement and Release of All Claims Pamela Nelson; San Bernardino County Superior Court Case No. CIVSB2104053 (City Attorney Garcia)

5. Adopt Resolution No. 8453 terminating the local emergency previously proclaimed in response to the COVID-19 pandemic (City Manager Duggan)

6. Approve the request to hold Vibe Health and Wellness Festival event hosted by University of Redlands - Alliance For Community Transformation and Wellness (ACTW) on September 17, 2023, within Sylvan Park and the surrounding area; authorize street closures related to the event; approve a request for in-kind support in the amount of $13,471 related to 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)
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7. Accept grant award from San Manuel Band of Mission Indians to fund the 2023 Redlands Emergency Services Academy in the amount of $30,000 and authorize an additional appropriation of the same to the Police Department (Police Chief Tolber)

8. Adopt Resolution No. 8490 levying special taxes with the City of Redlands Community Facilities District No. 2004-1 (Development Services Director Desatnik)

9. Adopt Ordinance No. 2959 (Second Reading) - Ordinance of the City of Redlands amending Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands (Development Services Director Desatnik)

10. Approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc., to allow for the continued performance of professional services for field survey and survey mapping/improvement plan review services for the City, change the City representative, and authorize an additional appropriation in the amount of $57,415 (Development Services Director Desatnik)

11. Approve the First Amendment to the Agreement with Liftoff, LLC for software licensing and consulting services (Management Services/Finance Director Garcia)

12. Adopt Resolution No. 8494 establishing an Appropriations Limit for Fiscal Year 2023-2024 (Management Services/Finance Director Garcia)

13. Authorize the annual payment to San Bernardino County Sheriff's Department (Cal-ID/Identix) in the amount of $85,650 for Redlands Police Department's Fingerprint Identification Services (Management Services/Finance Director Garcia)

14. Adopt Resolution No. 8492 Authorizing the Investment of City Monies in the Local Agency Investment Fund and Rescinding Resolution No. 8278 (Management Services/Finance Director Garcia)

15. Adopt Resolution No. 8493 updating the Authorized Signers on All Accounts Held with U.S.

Bank, N.A. and Rescinding Resolution No. 8279 (Management Service/Finance Director Garcia) K. Communications

1. Discussion and possible action relating to the adoption of Resolution No. 8505 denouncing intolerance and encouraging respect, inclusivity, compassion and hospitality (Council Member Saucedo)
L. New Business

1. Consideration of the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. (Assistant City Manager McConnell)

2. Consideration of the First Amendment to the City Attorney Employment Agreement between the City of Redlands and Yvette M. Abich Garcia (Assistant City Manager McConnell)

3. Consideration of Memorandums of Understanding negotiated by City staff between the City of Redlands and the Redlands Professional Firefighters Association Redlands, the Redlands Police Officers Association, and the Redlands Civilian Safety Employees Association (Assistant City Manager McConnell)

4. Consideration of a Second Amendment to the Agreement with Southern California Fleet Recycled Paper
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4. Consideration of a Second Amendment to the Agreement with Southern California Fleet Services, Inc. to increase the total compensation for an amount not to exceed $2,887,000 and consideration of Resolution No. 8496 amending Resolution No. 8331 to approve a Purchase Order Modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC. to a not-to-exceed amount of $325,312 to provide Ford Original Equipment Manufacturer (OEM) parts and repair services for the City (Facilities and Community Service Director Crocker)
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 July 18, 2023 O. Successor Agency of the former Redevelopment Agency of the City of Redlands

1. Call the regular meeting of the Successor Agency Board of Directors to order.

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 June 6, 2023 (Secretary Donaldson)

4. Adjourn Successor Agency Board of Directors' meeting The next regular meeting of the Agency will be held on September 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: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of June 20, 2023 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of June 20, 2023 Attachments
Regular Meeting Minutes of June 20, 2023
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MINUTES

Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on June 20, 2023 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Rachel Tolber, Police Chief; Tabitha Crocker, Facilities and Community Services Assistant Director

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

PUBLIC COMMENT

None forthcoming

CLOSED SESSION

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

Davis v. City of Redlands, et al., San Bernardino Superior Court, Case No. CIVSB2132368a.

Performance Evaluations of Public Employees – Government Code §54957(b)(1) Position: City Attorney and City Manager
a.

Conference with labor negotiator - Government Code §54957.6 (Assistant City Manager McConnell)
b.

Agency Negotiators: Mayor Tejeda and Mayor Pro Tem Barich Unrepresented
Employees
City Attorney and City Manager

Conference with labor negotiator - Government Code §54957.6 CC_June 20, 2023

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

Redlands Association of Department Directors
Redlands Association of Management Employees
Redlands Association of Mid-Management Employees
Redlands Association of Safety Management Employees
Redlands Association of Fire Management Employees
Redlands Police Officers Association
Redlands Professional Firefighters Association
Redlands Civilian Safety Employees
Teamsters Local 1932 Redlands Chapter

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 6:15 P.M. with an invocation by Mayor Pro Tem Barich followed by the pledge of allegiance to the American flag.

CLOSED SESSION REPORT

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

PRESENTATION
Council Members presented Proclamations to Angela Wilkinson, Joe Richardson, Pastor Jackie Green, Kenneth Ford and Gail Howard declaring June 19, 2023 as Juneteenth, Freedom Day.

PUBLIC COMMENT

Teamsters Local 1932 - James Estrada, representing the Teamsters, said union members provide great value to the City. They emulate a strong work ethic every day and strive to make the community a better place. He urged the Council to recognize and respect their worth during negotiations.

Juneteenth Freedom Day
- Tracy Wise encouraged everyone to recognize the importance of celebrating Juneteenth, as it was a reminder that all lives have value.

Redlands Theatre Festival
- Paul Blatchley informed everyone that Cliff Cabanilla, founder of the Redlands Theatre Festival held every summer at Prospect Park, had recently passed away.

He suggested the City consider renaming the Avice Meeker Sewall Theatre in honor of Mr.

Cabanilla.

Israel Beal Proclamation
- Maria Brunner, from the office of Majority Leader Reyes, presented a proclamation to Angela Wilkinson in honor of Israel Beal, her great great grandfather. Ms.

Wilkinson was highlighted for her commitment to the community and her ability to carry on the family legacy.

Pride Month
- Joshua David Hall urged the Council to focus on the problems of homelessness CC_June 20, 2023

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and public safety, instead of the LGBTQ+ community, where he says too much attention has been directed.

CONSENT CALENDAR

Minutes

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the special meeting minutes of June 5, 2023, and the regular meeting minutes of June 6, 2023.

Vote: 5 - 0 Passed

Human Relations Commission Appointment

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, Neha Agarwal to serve the remainder of a four-year term ending October 18, 2026 on the Human Relations Commission.

Vote: 5 - 0 Passed

Airport Advisory Board Appointment

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, Johnny Ghazal to serve the remainder of a four-year term on the Airport Advisory Board ending May 1, 2025.

Vote: 5 - 0 Passed

Resolution No. 8475 Destruction of Public Records

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously adopted, by roll call vote, Resolution No. 8475 approving the destruction of certain public records in the City Clerk's Office.

Vote: 5 - 0 Passed

Settlement Agreement Disclosure

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the public disclosure of details of an Agreement of Settlement and General Release between the City of Redlands and Candace Sheri Jean Davis. Under the terms of the agreement, the City agrees to pay Ms. Davis $50,000 to settle and dispose of disputes and controversies associated with a Complaint filed in the San Bernardino County Superior Court entitled Candace Sheri Jean Davis v City of Redlands, etal., Case No. CIVSB2132368.

Vote: 5 - 0 Passed

CC_June 20, 2023

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Affordable Housing Bond Act of 2024 Support Letter

As public comment, Bruce Laycook encouraged the Council to authorize Mayor Tejeda to sign a letter on behalf of the City of Redlands in support of AB 1657 enacting the Affordable Housing Bond Act of 2024.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously authorized, by roll call vote, Mayor Tejeda to sign a letter on behalf of the City of Redlands in support of AB 1657 enacting the Affordable Housing Bond Act of 2024.

Vote: 5 - 0 Passed

Resolution No. 8487 Wildland Protection

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously adopted, by roll call vote, Resolution No. 8487 approving Agreement 3CA06326 with the Department of Forestry and Fire Protection (Cal Fire) for wildland protection during fiscal year 2023-2024 for an amount not to exceed $244,353.46.

Vote: 5 - 0 Passed

Resolution No. 8481 Unclaimed Checks and Deposits

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8481 authorizing the transfer of unclaimed checks and deposits from their respective funds to the General Fund pursuant to California Government Code Section 50053.

Vote: 5 - 0 Passed

Special District Assessments Collection

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, an Agreement with San Bernardino County for the Collection of Special District Assessments.

Vote: 5 - 0 Passed

DIMS Linear Systems Software Purchase

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the single-source purchase of DIMS Linear Systems software in the amount of $43,997.14.

Vote: 5 - 0 Passed

RESA Agreement University of Redlands
CC_June 20, 2023

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RESA Agreement University of Redlands

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the agreement between the City of Redlands and the University of Redlands for event services for the Redlands Emergency Services Academy (RESA).

Vote: 5 - 0 Passed

Resolution Nos. 8488 and 8489 Utility Services Outside City

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8488 for a new connection to the City of Redlands water distribution system and sewer collection system at 2160 Nice Avenue (APN: 0298-231-06-0000) in the unincorporated community of Mentone; adopted Resolution No. 8489 relating to Pre-Annexation Agreement No. 23-07; and determined that approval of the Resolutions is exempt from environmental review pursuant to Sections 15303 and 15319 of the California Environment Quality Act (CEQA) guidelines.

Vote: 5 - 0 Passed

Amending Agreement Implementation of the Inclusionary Housing Program

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the sole source Second Amendment to the Agreement with Keyser Marston Associates, Inc., to increase the total agreement amount not-to-exceed $100,400; and to extend the end term of the agreement to June 30, 2024, with an option to extend one additional year; and approved an additional appropriation of $50,000 from the General Fund unassigned fund balance to the Development Services FY 2022-23 Planning Budget, to allow for the continued performance of professional services associated with the implementation of the Inclusionary Housing Program.

Vote: 5 - 0 Passed

Partial Notice of Non-Renewal of a Land Conservation Agreement

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the execution and recordation of a Notice of Partial Non-Renewal of a Land Conservation Agreement (herein “Contract 77-530”) relating to two parcels of land (APN 0293-132-01-0000 (portion) and 0293-141-37-0000), owned by Canyon Ranch Development, LLC and located on San Timoteo Canyon Road in the City of Redlands, and conditioned upon Canyon Ranch executing an Indemnification Agreement in favor of the City of Redlands in form approved by the City Attorney; and approved the Indemnification Agreement pursuant to which Canyon Ranch will indemnify the City.

Vote: 5 - 0 Passed

CC_June 20, 2023

Regular Redlands Meeting of 07-05-2023
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Resolution Nos. 8482 and 8483 Utility Services Outside City

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8482 for new connections to the City of Redlands water distribution and sewer collection systems for four vacant 0.20 acre parcels located at 1243 Ansley Lane, 1239 Ansley Lane, 1215 Ansley Lane, and 2143 Nice Avenue and identified as county of San Bernardino Assessor’s Parcel Numbers 0298-391-10-0000, 0298-391-09-0000, 0298-391-03-0000, and 0298-391-01-0000 in the unincorporated community of Mentone within San Bernardino County; adopted Resolution No. 8483 relating to Pre-Annexation Agreement No. 23-03; and determined that approval of the Resolutions is exempt from environmental review pursuant to Sections 15303 and 15319 of the California Environment Quality Act (CEQA) guidelines.

Vote: 5 - 0 Passed

Redlands Country Club Drainage Amendment

Mayor Pro Tem Barich recused himself from this item due to his membership status with the Redlands Country Club.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council determined, by roll call vote, that approval of the First Amendment to the Professional Services Agreement with Watearth, Inc. for the Redlands Country Club Drainage Study is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the First Amendment to the Professional Services Agreement with Watearth, Inc. The amendment will incorporate additional scope of work, increase the budget by $21,528.50, and extend the project completion time to August 31, 2023, with a revised agreement value of $89,503.

Vote: 4 - 0 Passed
Other:  Mayor Pro Tempore Paul Barich (RECUSE)

Labor Compliance Review Software Purchase
Staff requested this item be pulled from tonight's agenda. The matter will be rescheduled for a future City Council meeting.

Air Quality Sampling and Analysis Service Agreement

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of a Non-Professional Services Agreement with Quantum Analytical, Inc. is exempt from environmental review pursuant to section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved a Non-Professional Services Agreement with Quantum Analytical, Inc. for air quality sampling and analysis for an amount not-to-exceed $102,500 for an initial term of one (1) year with the option to extend the agreement for one (1) additional year at $102,500.

Vote: 5 - 0 Passed
CC_June 20, 2023

Regular Redlands Meeting of 07-05-2023
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Vote: 5 - 0 Passed

Recycled Water Reservoir Engineering Project Amendment

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Recycled Water Reservoir Engineering Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the First Amendment to the Professional Services Agreement with Carollo Engineers, Inc. for the Recycled Water Reservoir Engineering Project, to extend the term by six (6) months.

Vote: 5 - 0 Passed

Bid Rejection Mission Zanja Channel Improvements Project

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the rejection of all bids received for the Mission Zanja Channel Improvements Project, Project No. 405003; and directed staff to solicit new bids for the Project.

Vote: 5 - 0 Passed

Redlands Fourth of July Celebration Event In-Kind Request

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the Redlands 4th of July event is categorically exempt from environmental review pursuant to Section 15301 of the state’s guidelines implementing the California Environmental Quality Act; authorized the temporary closure of portions of E. Colton Ave., Chapel St., Stillman Ave., E.

High Ave., Division St., Park Ave., and University St. for the event at Sylvan Park; authorized the temporary closure of portions of Highland Avenue, Dearborn Street, 5th Avenue and Marion Rd, for the event at Moore Middle School; authorized the expenditure of city resources and in-kind support in the amount of $37,686 related to this event; and authorized the sale and consumption of alcoholic beverages at the event held at Sylvan Park and along 5th Avenue during the event held at Moore Middle School.

Vote: 5 - 0 Passed

Veterinary Services & Supplies Agreement

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the agreement with Pet Land Inc. DBA Highland Village Pet Hospital to provide veterinary services and medical supplies to the Redlands Animal Services Division for a five-year term for an amount not to exceed $1,243,267; and approved an additional appropriation in the amount of $125,224.

Vote: 5 - 0 Passed
CC_June 20, 2023

Regular Redlands Meeting of 07-05-2023
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Ordinance No. 2922 Sidewalk Vending Adoption

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously adopted, by roll call vote, Ordinance No. 2922 (second reading), adding Chapter 12.45 and amending Chapter 12.44 to the Redlands Municipal Code to establish regulations governing sidewalk vending.

Vote: 5 - 0 Passed

Proclamation Juneteenth

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the issuance of a Proclamation declaring June 19, 2023, as Juneteenth.

Vote: 5 - 0 Passed

COMMUNICATIONS

City Treasurer Vacancy

Mayor Tejeda opened the discussion regarding the City Treasurer vacancy, which was due to the untimely passing of Treasurer Robert Dawes. The Mayor explained that on May 16, 2023, the City Council unanimously agreed to fill the vacancy by appointment and established June 5, 2023 as the deadline to accept applications. One application was received and verified by the City Clerk. Phillip Doolittle provided a brief presentation of his qualifications and answered questions from the Council Members.

On motion of Mayor Pro Tem Barich, seconded by Council Member Davis, the City Council unanimously appointed, by roll call vote, Phillip Doolittle to fill the vacancy of the elective office of City Treasurer, to serve the remainder of the term until the next general municipal election in November 2024.

Vote:  5 - 0 Passed
Oath of Office – City Clerk Donaldson administered the oath of office to the newly appointed City Treasurer Doolittle.

Appointee Comments – Treasurer Doolittle stated he looked forward to taking on his new duties and he thanked the public for their support and the City Council for their trust.

Cancellation of August Council Meetings

Mayor Tejeda recommended the Council cancel the August 1 and August 15, 2023, regular meetings of the City Council.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario CC_June 20, 2023

Regular Redlands Meeting of 07-05-2023
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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the cancellation of the August 1 and August 15, 2023, regular meetings of the City Council.

Vote: 5 - 0 Passed

PUBLIC HEARINGS

Ordinance No. 2959 Inclusionary Housing Program

Mayor Tejeda declared the meeting open as a public hearing and called on Development Services Director Desatnik for background and a detailed report on Ordinance No. 2959, to amend Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands. The City's recently adopted Housing Element includes a program calling for the City to evaluate and consider adopting an Inclusionary Housing Ordinance. Through the Housing Element, the City is required to plan for the provision of its share of the Regional Housing Needs Assessment (RHNA) as determined by the Southern California Association of Governments (SCAG), which includes target numbers assigned for very-low income units, low-income units, and moderate-income units.

Staff presented the proposed ordinance to the Planning Commission at its February 14, 2023 meeting, whereby an ad-hoc sub-committee was appointed to review the matter and refine the ordinance. On April 25, 2023, with the ad-hoc committee recommendations, the Planning Commission unanimously recommended its approval to the City Council.

Director Desatnik presented sample project financing with a hypothetical 50 unit apartment, defined density bonus, spoke to the program's major provisions, the implementation process, income categories/affordable rents, timing of the ordinance adoption and how it would affect current applications, and he offered alternatives, such as, payment of in-lieu fee. The amount of the in-lieu fee was not part of the ordinance or the action to be taken tonight and the fee will be adopted at a future public hearing by resolution of the City Council. He added that staff was recommending the Council include the suggestions made by the University of Redlands for the University Village Project, which was proposing to include off-site affordable rental units as part of their project and they wanted to preserve that as an option.

As public comment, Bruce Laycook of Human Good Affordable Housing, commented that the intent of the ordinance was commendable but wondered whether this would help in practice.

Felipe Albertao and Maribel Nunez of Inland Equity Community Land Trust, and Melanie Still, of Inland Southern California Housing Collective thanked the staff for their efforts, thought the proposed ordinance was a good start, but requested the Council delay the matter till July 18 to consider adding their recommendations. Richard O'Donnell reminded everyone the state doesn't require the City to adopt an inclusionary housing program and he urged the Council to reject the ordinance. De'Andre Valencia of the Building Industry Association stated the in lieu fee calculation was flawed and should be reduced. Written comments were received from the University of Redlands for the University Village Project requesting a small change to Section

18.230.110(B) and to strike through the following language: 'Off-site development of affordable units is not an option for Rental Residential Developments.  For-sale'. Carlos Rodriguez of the Building Industry Association of Southern California, opposed the in lieu fee calculation and recommended the fee range be adjusted. With no further comments, Mayor Tejeda closed the public hearing.

Council Members raised several questions and discussed the merits of the ordinance. They CC_June 20, 2023

Regular Redlands Meeting of 07-05-2023
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Council Members raised several questions and discussed the merits of the ordinance. They agreed to move forward with the introduction, accept the recommendation made by the University of Redlands and directed staff to meet with the representatives of Inland Equity Community Land Trust to consider incorporating their recommendations.

On motion of Mayor Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously introduced, as amended, including the recommendation made by the University of Redlands, by roll call vote, Ordinance No. 2959, amending Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands; and found that the Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; approving to strike through the following language from Section 18.230.110(B) Off-site Development of Affordable Units: 'Off-site development of affordable units is not an option for Rental Residential Developments.  For-sale'.

Vote: 5 - 0 Passed

Resolution Nos. 8484 and 8485 - CFD Annexation No. 25

Mayor Tejeda declared the meeting open as a public hearing and called on Development Services Director Desatnik for a report on a request from GS Redlands LLC, Tract Map No. 20065, to annex territory to Community Facilities District No. 2004-1 for the purposes of performing maintenance of infiltration trenches, infiltration basins, storm drain facilities, landscaping, and street trees within and adjacent to Tract Map No. 20065. City Clerk Donaldson agreed to hold the special election within the annexing territory on June 20, 2023.

With no further comments, Mayor Tejeda closed the public hearing. City Clerk Donaldson conducted the special election and announced the results, which determined the required two-thirds of the votes cast (8-0) were in favor of levying the tax.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council approved, by roll call vote, Resolution No. 8484, calling a special election of the question of levying special taxes within the territory to be annexed to CFD No. 2004-1; and approved Resolution No. 8485, declaring the voting results of the special election of Annexation No. 25 to Community Facilities District No. 2004-1 was in favor of levying the tax, and therefore, the territory will be annexed to the CFD No. 2004-1.

Vote: 4 - 1 Passed
NAY:  Mayor Pro Tempore Paul Barich

Resolution Nos. 8437 and 8438 LMD and SLD

Mayor Tejeda opened the public hearing and called on Facilities and Community Services Assistant Director Crocker for a report of a request to implement assessments for Street Lighting District No. 1 and Landscape Maintenance District No. 1 for Fiscal Year 2023/24.

There were no written comments received and, with no further discussion, the Mayor closed the public hearing.

On motion of Mayor Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich, the City CC_June 20, 2023

Regular Redlands Meeting of 07-05-2023
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On motion of Mayor Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously approved, by roll call vote, Resolution Nos. 8437 and 8438, approving the Engineer's Reports for Landscape Maintenance District No. 1 and Street Lighting District No. 1 and implementing the assessments for Fiscal Year 2023/24.

Vote: 5 - 0 Passed

NEW BUSINESS

MOUs RADD, RAME, RAMME and RASME

Assistant City Manager McConnell explained the negotiation process leading to the proposed Memorandums of Understanding between the City of Redlands and the Redlands Association of Department Directors, the Redlands Association of Management Employees, the Redlands Association of Mid-Management Employees, and the Redlands Association of Safety Management Employees. All represented units received a seven percent salary increase for the first year of the contract and two percent salary increases in both years two and three.  Other changes include elimination of the two-tier benefit contributions, increases in deferred compensation, increases to uniform and car allowances, vacation accruals, longevity, and the addition of educational incentives.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Memorandums of Understanding between the City of Redlands and the Redlands Association of Department Directors, the Redlands Association of Management Employees, the Redlands Association of Mid-Management Employees, and the Redlands Association of Safety Management Employees.

Vote: 5 - 0 Passed

CONFIRE Joint Use Authority Membership

Fire Chief Sessler reported the benefits of the City continuing the Fire Department's membership in the CONFIRE Joint Use Authority for Fiscal Year 2023-2024. The primary function of CONFIRE is to provide for a secondary public safety answering point for 9-1-1 services, fire/emergency medical dispatching, and information technology support.

On motion of Council Member Denise Davis, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously approved, by roll call vote, the Fire Department's continued membership in the CONFIRE Joint Use Authority for Fiscal Year 2023-2024 and pay associated annual fees in an amount not to exceed $864,568.

Vote: 5 - 0 Passed

Fiscal Agent for U of R Grant Funds

Management Services/Finance Director Garcia provided background for a request by the CC_June 20, 2023

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Management Services/Finance Director Garcia provided background for a request by the University of Redlands for the City of Redlands to serve as Fiscal Agent for University Grant Funds of $8,000,000 appropriated by the State of California - General Fund pursuant to AB 179 for the University Village Project. AB 179 is a budget implementing bill that includes funding for key priorities for the State, such as transportation, general government, parks and open space, education, fire prevention and public safety. The California Department of Housing & Community Development (HCD) will be implementing this award and has requested that the City submit documents to expedite the payment of the $8,000,000 grant to the City. In order to properly record the transaction of the pass-through grant funding, staff is requesting an additional appropriation of the $8,000,000 grant award into Fund 200, Governmental Grants.

There will be no impact on the City's General Fund and the funds transfer of $8,000,000 from the State to the City to the University will be performed in a lump sum transaction as outlined in the funds transfer agreement. 100% of the grant funding will be transferred to the University.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the request by the University of Redlands for the City of Redlands to serve as Fiscal Agent for University Grant Funds of $8,000,000 appropriated by the State of California - General Fund pursuant to AB 179 (The Budget Act of 2022) for the University Village Project; authorized the submission of a request to the California Department of Housing and Community Development (HCD) for transfer of University Grant Funds to the City of Redlands and approved an additional appropriation of the same to the Governmental Grant Funds Account; and approved the Fund Transfer Agreement with the University of Redlands to transfer the amount of $8,000,000 to the University of Redlands, authorizing the City Manager to execute the Agreement.

Vote: 5 - 0 Passed

Contract Award  A.K. Smiley Public Library Boiler Replacement

Facilities and Community Services Assistant Director Crocker presented the Public Works Contract with F.M. Thomas Air Conditioning, Inc. for an amount not-to-exceed $193,050 for the A.K. Smiley Public Library Boiler Replacement Project.

On motion of Mayor Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Public Work Construction Contract with F.M. Thomas Air Conditioning, Inc. for the A.K. Smiley Public Library Boiler Replacement Project is exempt from environmental review pursuant to Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act; and approved an award of the public works construction contract to F.M. Thomas Air Conditioning, Inc. in the amount of $193,050 for the A.K. Smiley Public Library Boiler Replacement Project.

Vote: 5 - 0 Passed

Contract Award 2022 CIP Sewer Pipeline Replacement

Municipal Utilities and Engineering Director Harris reviewed the Public Works Construction Contract with CEM Construction Corporation for the 2022 CIP Sewer Pipeline Replacement Project  for an amount not-to-exceed $3,314,268.

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On motion of Council Member Mario Saucedo, seconded by Mayor Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of the 2022 CIP Sewer Pipeline Replacement Project is exempt from environmental review pursuant to Section 15302 of the State's Guidelines implementing the California Environmental Quality Act; approved the 2022 CIP Sewer Pipeline Replacement Project plans and specifications; and awarded the Public Work Construction Contract to CEM Construction Corporation for an amount not to-exceed $3,314,268.

Vote: 5 - 0 Passed

MUED Annual Purchase Orders

Municipal Utilities and Engineering Director Harris detailed the Municipal Utilities and Engineering Department Annual Purchase Orders and Agreements for FY 23/24. for a total encumbered amount not-to-exceed $5,305,000

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Fiscal Year 23/24 Municipal Utilities and Engineering Department Annual Purchase Orders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the Fiscal Year 23/24 Municipal Utilities and Engineering Department Annual Purchase Orders and Agreements as itemized in the staff report for a total encumbered amount not-to-exceed $5,305,000.

Vote: 5 - 0 Passed

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Juneteenth Event - All the Council Members enjoyed the Juneteenth celebration and thanked the City and staff for being instrumental in making the event such a success.

Mayor Pro Tem Barich attended the Veterans Resource Fair on June 7 at Sylvan Park, where more than 75 vets were helped.

ADJOURNMENT

There being no further action required the meeting adjourned at 8:45 P.M. The next regular meeting of the City of Redlands City Council will be held on Wednesday, July 5, 2023.

CC_June 20, 2023

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City Council/Successor Agency Meeting J. 2.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of proclamation recognizing Clare Henry Day (Mayor Tejeda)
MOTION:

I move to authorize issuance of a proclamation recognizing Clare Henry Day.

Attachments
Clare Henry Day Proclamation
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PROCLAMATION
Clare Henry Day
WHEREAS, born on November 6, 1920, in Fort Lewis, Washington, Clare Henry Day received his BS in Architecture from the University of Cincinnati in 1950. He was recognized by the Architectural Society of Ohio and received AIA Certificate Award the same year; and WHEREAS, in 1952, he relocated to Redlands and opened his first architectural finn; and WHEREAS, his works quickly began to mold the new architectural face of Redlands, reflecting the Modernist spirit of the 1950s and 1960s, crediting R. M. Schindler, Richard Neutra, and Frank Lloyd Wright as influences on his work.

WHEREAS, Clare Henry Day established the Inland Chapter of the American Institute of Architecture in 1955, and served as the chapter secretary-treasurer, vice president, president, and director; and
WHEREAS, he also served on the Board of the California Architectural Foundation, and the American Institute of Architects (District) as well as several local organizations; and WHEREAS, in 2018 Clare Day generously donated the collection of his life's work to the Special Collections Division at the A.K. Smiley Public Library where they will add to the rich historical education of the community for decades to come; and
WHEREAS, Clare Henry Day passed away on June 13, 2023 at the age of 102, leaving an architectural legacy in Redlands with commissions spread widely throughout the city, including the original Rexall Drug Store, Beaver Medical Clinic, Redlands Day Nursery, Cram Elementary School, Clement Junior High, Terrier Gym at Redlands High School, the New York Street Post Office, as well as numerous commercial and school addition buildings, and more than 30 custom residences including his own homes;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redlands does hereby recognize Clare Henry Day for his lifetime of service to his profession. Clare Henry Day's work is undoubtedly an important part of the Inland Empire's architectural history.

IN WITNESS WHEREOF, we hereunto affix our signatures and Official Seal of the City of Redlands on this 5th day of July 2023.

Eddie Tejeda, Mayor
Attest:

Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 3.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for appointment to the Cultural Arts Commission (Mayor Pro Tem Barich)
MOTION:

I move to appoint Crystal V. Lopez to serve the remainder of a four-year term on the Cultural Arts Commission ending January 6, 2026.

RECOMMENDATION:

It is recommended by Mayor Pro Tem Barich that the City Council consider this appointment to the Cultural Arts Commission. Pursuant to the Redlands Municipal Code, appointments to this commission are made by the Mayor and approved by the City Council. However, Mayor Tejeda has expressed his desire to rotate recommendations for commission/board appointments among the City Council Members; therefore, Mayor Pro Tem Barich has been delegated authority by Mayor Tejeda to make the recommendation for this reappointment.

DISCUSSION:

Commissioner Kelly McGrail resigned from the Cultural Arts Commission before her term expiration of January 6, 2026. A public notice requesting interested residents to submit an application for the Cultural Arts Commission was issued in June. In addition, the public notice was concurrently aired on Redlands TV and posted on the community bulletin board at A. K. Smiley Public Library. The local newspapers also received distribution of the public notice. Six applications were received from the recent posting. There were no other eligible applications from past postings.

The Cultural Arts Commission consists of seven members as follows:

Danielle Giudici Wallis
Vacant
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Dennis Christensen
Jina Edwards
Daniel Rodriguez
Daniel Goham
Margo Mullen
ALTERNATIVE:

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

SUBMITTED BY:

Jennifer Macias, Management Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Public Notice
Cultural Arts Commission Applications
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City Council/Successor Agency Meeting J. 4.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure and Approval of Settlement Agreement and Release of All Claims Pamela Nelson; San Bernardino County Superior Court Case No. CIVSB2104053 (City Attorney Garcia)
DISCUSSION:

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

SUBMITTED BY:

Yvette M. Abich Garcia, City Attorney
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Attachments
Settlement Agreement
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City Council/Successor Agency Meeting J. 5.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8453 terminating the local emergency previously proclaimed in response to the COVID-19 pandemic (City Manager Duggan)
MOTION:

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

I move to adopt Resolution No. 8453 terminating the local emergency in the City of Redlands regarding COVID-19.

RECOMMENDATION:

Staff recommends the adoption of Resolution No. 8453.

DISCUSSION:

On January 31, 2020, the United States Department of Public Health and Human Services declared a public emergency for the novel COVID-19 pandemic beginning on January 27, 2020. On March 4, 2020, Governor Newsom declared a state of emergency in the State of California due to the number of confirmed cases of COVID-19 in the State. Locally, the San Bernardino County Public Health Officer and the Board of Supervisors declared a local health emergency to help ensure County government and the public are prepared for the possibility of a COVID-19 outbreak in the County.

On March 17, 2020, the City of Redlands' Director of Emergency Services proclaimed the existence of a local emergency. Declaring a local emergency helped the City better prepare for, respond to, mitigate, and recover from a COVID-19 outbreak by providing the City the power necessary to coordinate and implement plans to protect the public health and safety of the residents of Redlands.

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Redlands.

On October 17, 2022, Governor Gavin Newsom announced that the State of California’s COVID-19 state of emergency will end on February 28, 2023, citing that California has the tools needed to continue fighting COVID-19. Staff recommends that the Council terminate the local emergency to ensure alignment with the State of California’s COVID-19 State of Emergency. While the COVID-19 pandemic continues to directly affect the safety of persons and property within the City of Redlands, the conditions necessitating the local emergency due to COVID-19 are steadily and sufficiently improving, such that the local emergency will no longer be warranted and may be terminated at this time.

SUBMITTED BY:

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

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

Janice McConnell, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Rich Sessler, Fire Chief
Fiscal Impact
Discussion:

There is no fiscal impact associated with the adoption of Resolution No. 8453.

Attachments
Resolution No. 8453
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1 I:\cmo\Resolutions\Resolution 8453 Terminating Local Emergency.docx RESOLUTION NO. 8453

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

TERMINATING THE STATE OF EMERGENCY IN THE CITY OF REDLANDS REGARDING COVID-19

WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for the novel coronavirus (COVID -19) beginning on January 27, 2020; and

WHEREAS on March 4, 2020, the Governor of the State of California proclaimed a state of Emergency in the State of California due to the presence of and threat posed by the novel coronavirus (COVID-19); and

WHEREAS, on March 10, 2020, the San Bernardino County Public Health Officer and the Board of Supervisors declared a local health emergency to help ensure county government and the public are prepared for the possibility that COVID-19 will appear within the county; and

WHEREAS, on March 11, 2020, the World Health Organization declared the COVID -19 outbreak a global pandemic; and the CDC and Governor of the State of California i ssued recommendations to cancel or postpone gatherings of more than 20 people; and

WHEREAS the Redlands City Council confirmed the existence of a Local Emergency as proclaimed by the City Manager on March 17, 2020; and

WHEREAS said resolution was to re main in effect due to Governor's executive orders waiving traditionally required renewal request under California Government Code section 8630 and Health and Safety Code 101080; and

WHEREAS Governor Gavin Newsom announced that the COVID -19 State of Emerge ncy will end on February 28, 2023; and

WHEREAS; although the COVID -19 pandemic continues to directly affect the safety of persons and property within the City of Redlands, the City Council finds that the conditions necessitating the local emergency due to COVID-19 are steadily improving.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands hereby repeals Resolution No. 8065 pursuant to Government Code section 8630, the local emergency declared by Resolution 8065 is hereby terminated on July 5, 2023.

ADOPTED, SIGNED AND APPROVED this 5th day of July, 2023.

________________________
ATTEST: Eddie Tejeda, Mayor

____________________________
Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\Resolution 8453 Terminating Local Emergency.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 6.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request to hold Vibe Health and Wellness Festival event hosted by University of Redlands - Alliance For Community Transformation and Wellness (ACTW) on September 17, 2023, within Sylvan Park and the surrounding area; authorize street closures related to the event; approve a request for in-kind support in the amount of $13,471 related to 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)
MOTION(S):

If the City Council determines that the requests are appropriate, the following motions are provided:

I move that the City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to authorize the closure of East High Avenue, Division Street, East Park Avenue, North University Street, Sylvan Boulevard, North Grove Street, East Brockton Avenue, and Chapel Street; and

2. I move to authorize the expenditure of city resources and in-kind support in the amount of $13,471 related to this event.

3. RECOMMENDATION:

Staff recommends that City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (CEQA). Staff further recommends that the City Council direct staff accordingly concerning the request for in-kind support and approve the temporary street closures related to the event.

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DISCUSSION:

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

The Alliance For Community Transformation and Wellness has reserved Sylvan Park for the annual Vibe Health and Wellness Festival event on Sunday September 17, 2023 from 6:00 a.m. to 2:00 p.m. This request also includes the temporary closure of portions of East High Avenue, Division Street, East Park Avenue, North University Street, Sylvan Boulevard, North Grove Street, East Brockton Avenue, and Chapel Street for a 5k family fun run as well as the in-kind support in the amount of $13,471 for departmental resources including Police personnel, and Facilities & Community Services personnel and equipment, and the reservations for Sylvan Park. Alliance For Community Transformation and Wellness is a non-profit organization operating out of the City of Redlands, CA.

According to the submitted application, the event will highlight the eight domains of health and wellness.

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

ALTERNATIVES:

The City Council may elect to deny the request and direct staff accordingly.

STRATEGIC PLAN:

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

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SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

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

Michelle Groenke, Administrative Assistant
Fiscal Impact
Fiscal Year: 2023-24
Amount: $13,471.00
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event; totaling $13,471. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place. In addition, it is estimated that the ending unassigned fund balance after this expenditure will be approximately $21,382,809.

Departmental Charges
(Personnel & Equipment)
2023 Amount Type 2022 Amount
Police Personnel1 $11,250.00 Hard Cost $1,680.00
FCS Personnel1 $2,100.00 Hard Cost $0
Fire Personnel1 $ Hard Cost $0
Personnel & Equipment Subtotal $13,350.00 $1,680.00

Fees Established by City Council
Resolution

Sylvan Park Reservation Permit $121.00 Soft Cost $0
FCS equipment N/A Soft Cost N/A
Fees Subtotal $121.00 $1,680.00
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Total Departmental Charges and
Fees
$13,350(hard)
$121 (soft)
$13,471.00

$1,680.00

1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2023-24 to date:

TABLE 2: FY 2023-24 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$3,920.00 $4,018.00 $0 $7,938.00 $7,938.00

Attachments
In-kind Request
Verification on Non-Profit
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University of Redlands
EIN: 95-1643389 | Redlands, California, United States
Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.

On Publication 78 Data List: Yes
Deductibility Code: PC
Form 990-N (e-Postcard)
Organizations who have filed a 990-N (e-Postcard) annual electronic notice.

Most small organizations that receive less than $50,000 fall into this category.

Copies of Returns (990, 990-EZ, 990-PF , 990-
T)
Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and non-profits.

Tax Year 2008 Form 990-N (e-Postcard)
Tax Year 2007 Form 990-N (e-Postcard)
Tax Year 2020 Form 990
Tax Year 2020 Form 990T
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City Council/Successor Agency Meeting J. 7.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Accept grant award from San Manuel Band of Mission Indians to fund the 2023 Redlands Emergency Services Academy in the amount of $30,000 and authorize an additional appropriation of the same to the Police Department (Police Chief Tolber)
MOTION(S):

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

I move to accept the grant award from the San Manuel Band of Mission Indians in the amount of $30,000; and

1. I move to authorize an additional appropriation of funds to the Police Department of the same.

2. RECOMMENDATION:

Staff recommends that the Council accept the grant award from the San Manuel Band of Mission Indians and approve the additional appropriation of funds to the Police Department in the amount of $30,000.

DISCUSSION:

The Redlands Emergency Services Academy ("RESA") is a partnership with the Redlands Police Department, Redlands Fire Department, Crafton Hills College, and the University of Redlands to provide graduating high school students with a rigorous, hands-on introduction to public safety careers. The week-long academy gives local students interested in careers in emergency services an opportunity to learn from Redlands police officers and firefighters. Many participants have gone on to careers in both fields.

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RESA is funded primarily through grants and donations. The Redlands Police Department received a generous grant of $30,000 from the San Manuel Band of Mission Indians. These funds are used to pay for the personnel (Police Department/Fire Department) to run the RESA program and to backfill positions that are working at the academy.

ALTERNATIVES:

Do not approve the grant award and supplemental appropriation in the amount of $30,000.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Rachel Tolber, Chief of Police
RECOMMENDED BY:

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

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

Jimmy Nguyen, Management Analyst
Fiscal Impact
Fiscal Year: 2023-24
Revenue Generating: Y
Appropriation Required Y/N: Y
Amount: $30,000
Budgeted Y/N: No
Discussion:

Attachments
Add'l Approp
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City Council/Successor Agency Meeting J. 8.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8490 levying special taxes with the City of Redlands Community Facilities District No. 2004-1 (Development Services Director Desatnik)
MOTION(S):

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

I move to adopt Resolution No. 8490.

RECOMMENDATION:

Staff recommends City Council adoption of Resolution No.8490 establishing the maximum tax rates for Community Facilities District No. 2004-1, and authorizing the City Clerk to file necessary information with the County Auditor/Controller for Fiscal Year 23/24.

DISCUSSION:

In 2004, City Council approved the formation of Community Facilities District (CFD) No. 2004-1, which was established to maintain landscaping and other improvements associated with various properties annexed into the CFD. The CFD tax collected provides funding for labor, material, and equipment costs associated with the maintenance services. Since its inception, twenty-nine (29) applications for annexation have been received, and twenty (23) have been successfully added to the CFD, which are described in Attachment B.

Approval of Resolution No. 8490 is required to levy the special tax in accordance with the California Streets and Highways Code. This Resolution sets the maximum FY 23/24 CFD tax rates, and authorizes the City Clerk to file all necessary information to levy the tax with the County Auditor/Controller no later than the deadline of August 10, 2023.

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than the deadline of August 10, 2023.

ALTERNATIVES:

City Council may deny the staff recommendation. However, adoption of the resolution is necessary to collect revenues to offset landscape maintenance expenses within CFD 2004-1.

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

Donald Young, One Stop Permit Center Manager
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: Y
Appropriation Required Y/N: N
Discussion:

The special tax revenue and related expenses are included in the FY 23/24 budget. No general fund contributions are required for maintenance of the CFD.

Attachments
Attachment A - Resolution No. 8490
Attachment B - List of Annexations
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1 I:\cmo\Resolutions\8490 - CFD 2004-1 Levy.FY 23-24.docx-jm RESOLUTION NO. 8490

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

LEVYING SPECIAL TAXES WITHIN CITY OF REDLANDS COMMUN ITY FACILITIES DISTRICT NO. 2004 -1 (TRACT MAP NO. 16408; TRACT MAP NO. 16287; TENTATIVE TRACT MAP NO . 17253; PARCEL MAP NO . 17353; COMMISSION REVIEW AND APPROVAL (CRA) NO . 826 ; TRACT MAP NO . 16806; PARCEL MAP NO . 18208; PARCEL MAP NO . 1937 1; TRACT MAP NO . 16465; TRACT MAP NO. 16627; TRACT MAP NO. 18979; TRACT MAP NO. 19975; TRACT MAP NO . 20079; TRACT MAP NO. 18882; PARCEL MAP NO . 19496 ; PARCEL MAP NO. 18536-1; TRACT MAP NO . 18988; TRACT MAP NO . 17022; PARCEL MAP NO . 19465 ; TRACT MAP NO. 19942; TRACT MAP NO . 19956 ; TRACT MAP NO. 20126; PARCEL MAP NO. 19981 ; PARCEL MAP NO. 18536; CONDITIONAL USE PERMIT (CUP) NO. 1129 ; TRACT MAP NO. 20065; TRACT MAP NO. 20257, AND PLANNED DEVELOPMENT NO. 4.

WHEREAS, the City Council of the City of Redlands (the “City”) has formed City of Redlands Community Facilities District No. 2004-1 (Tract Map No. 16408 – Centex Homes) and annexed Tract Map No. 16287 (Annexation No. 1), Tentative Tract Map No. 17253 (Annexation No. 3), Parcel Map No. 17353 (Annexation No. 4), CRA No. 826 (Annexation No. 5), Tract Map No. 16806 (Annexation No. 8), Parcel Map No. 18208 (Annexation No. 9), Parcel Map No. 19371 (Annexation No. 11), Tract Map No. 16465, Tract Map No. 16627, Tract Map No. 18979, Tract Map No. 19975 and Tract Map No. 20079 (Annexation No. 12), Tract Map No. 18882 (Annexation No. 13), Parcel Map No. 19496 (Annexation No. 14), Parcel Map No. 18536-1 (Annexation No. 15), Tract Map No. 18988 (Annexation No. 16), Tract Map No. 17022 (Annexation No. 17), Parcel Map No. 19465 (Annexation No. 18), Tract Map No. 19942 (Annexation No. 19), Tract Map No. 19956 (Annexation No. 20), Tract Map No . 20126 (Annexation No. 21), Parcel Map No. 19981 (Annexation No. 22) , Parcel Map No. 18536 (Annexation No. 23), CUP No. 1129 (Annexation No. 24), Tract Map No. 20065 (Annexation No. 25), Tract Map No. 20257 (Annexation No. 26), and Planned Development No. 4 (Annexation No. 27) into the City of Redlands Community Facilities District No. 2004 -1 (the “Community Facilities District”), under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); and

WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes (the “Special Taxes”) to pay for the costs of certain facilities and to authorize the issuance of bonds secured by the Special Taxes under the Act; and WHEREAS, the City Council , pursuant to Ordinance No. 2584 , adopted by the City Council of the City on August 3 , 2004, and Resolution No. 6481, adopted on May 2, 2006, authorized and levied the Special Taxes within the Community Facilities District; and WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and
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2 I:\cmo\Resolutions\8490 - CFD 2004-1 Levy.FY 23-24.docx-jm WHEREAS, the City Council desires to levy the Special Taxes within the Community Facilities District for Fiscal Year 2023-2024;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:

Section 1. All of the above recitals are true and correct.

Section 2. The City Council hereby levies the Special Taxes for the Fiscal Year 2023- 2024 at the applied rates, up to the maximum, and with respect to the parcels as set forth in Exhibit A and Exhibit B hereto; provided, however, that the City Manager or the Finance Director of the City is hereby authorized, prior to the submission to the San Bernardino County Auditor/Controller and upon consultation with the City’s special tax consultant, Webb Municipal Finance, LLC (a) to make any necessary modifications to such Special Taxes to correct any errors, omissions or inconsistencies in the listing or cate gorization of parcels to be taxed (provided that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels), or (b) to lower such Special Tax rates to the extent such officer deems necessary upon receipt of the final pricing information. The City Clerk of the City is hereby authorized and directed to file with the San Bernardino County Auditor/Controller no later than August 10, 2022, a certified list of all parcels subject to the Special Tax levy inclu ding the amount of the Special Tax to be levied on each parcel for Fiscal Year 2023-2024.

Section 3. The officers and agents of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2023-2024 as provided in this Resolution.

Section 4. All actions heretofore taken by the officers and agents of the City with respect to the levy of the Special Taxes for Fiscal Year 2023-2024 are hereby approved, confirmed and ratified.

Section 5. This Resolution shall take effect immediately upon its adoption.

APPROVED and ADOPTED by the City Council of the City of Redlands on July 5, 2023.

Eddie Tejeda, Mayor

ATTEST:

Jeanne Donaldson, City Clerk
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4 I:\cmo\Resolutions\8490 - CFD 2004-1 Levy.FY 23-24.docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted at a regular meeting thereof, held on the 5th day of July, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Jeanne Donaldson, City Clerk

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5 I:\cmo\Resolutions\8490 - CFD 2004-1 Levy.FY 23-24.docx Resolution No. 8490

Exhibit A – Annexation Levy Summary by Assessor’s Parcel Number

Exhibit B – Annexation Listing with Maximum and Applied Rates Regular Redlands Meeting of 07-05-2023
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1 CFD 2004-1 Annexations List

In August 2004 Council approved the establishment of community facilities d istrict (CFD) No. 2004-1, for Tract No. 16408, the Centex tract located at the southwest corner of Fifth Avenue and Wabash Avenue in the City of Redlands. The CFD was developed to cover the ongoing cost of maintenance of street trees, citrus groves landscaping and other appurtenances located along Fifth Avenue and Wabash Avenue.

In May 2006 Council approved Annexation No. 1 (Tract No. 16287) to the CFD, located at Occidental Drive and Crystal Court for the maintenance of landscaping and water quality treatment devices in the open space lots. During this last year, Annexation No. 1 subdivided the properties on site from two lots to twelve lots.

Annexation No. 2 (Tentative Tract No. 16586), located north of I-10 and both sides of the proposed Wabash Street alignment has been on hold since October 2006.

In July 2006 Council approved Annexation No. 3 (Tentative Tract No. 17253) to the CFD, located at the southwest corner of Lugonia Avenue and Church Street for the maintenance of the landscape and the associated irrigation equipment on Lugonia Avenue parkway frontages. This project has not yet begun construction.

In October 2008 Council approved Annexation No. 4 (Parcel Map No. 17353) to the CFD, located at Ford Street and Interstate 10 for the maintenance of the landscape in the median island and the associated irrigation equipment.

In October 2008 Council approved Annexation No. 5 (Commission Rev iew and Approval No. 826) to the CFD, located at California Street and Orange Tree Lane for the maintenance of the landscape in the median island and the associated irrigation equipment on California Street and the parkway frontages along both streets.

Annexation No. 6 (Tract No 14790-1), located adjacent to Sunset Hills Lane, west of Alessandro Road did not receive sufficient votes needed to annex into the CFD in June 2009.

Annexation No. 7 (Parcel 2 of Parcel Map No. 15573) , located at the northeast cor ner of San Bernardino Avenue and Mountain View Avenue, has been on hold since February 2011.

In February 2011 Council approved Annexation No. 8 ( Tentative Tract No. 16806) to the CFD, located at southeast corner of Pennsylvania Avenue and Texas Street for the maintenance of the landscape and the associated irrigation equipment on Pennsylvania Avenue and Texas Street parkway frontages. This project has not yet begun construction.

In November 2012 Council approved Annexation No. 9 (Parcel Map No, 18208) to the CFD located at the southeast corner of Redlands Boulevard and Nevada Street for the maintenance of landscaping and the associated irrigation equipment on Redlands Boulevard and Nevada Street parkway frontages and the Redlands Boulevard raised center median.

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2 Annexation No. 10 (Tract No. 18762 -1), located at the northeast corner of Orange Street and Lugonia Avenue, has been completed since July 2016. Annexation No. 10 is dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexations are not being assessed.

In June 2014 Council approved Annexation No. 11 (Parcel Map No. 19371) to the CFD located at the northwest corner of Lugonia Avenue and Wabash Avenue for the maintenance of landscaping and the associated irrigation equipment on Lugonia Avenue and Wabash Avenue Street parkway frontages. Annexation No. 11 is dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexations are not being assessed.

In June 2014 Council approved Annexation No. 12 (Tract Map Nos. 16465 and 16627) to the CFD located at the southwest and southeast corners of Pioneer Avenue and Judson Street, respectively, for the maintenance of landscaping and the associated irrigation equipment on Pi oneer Avenue and Judson Street parkway frontages, maintenance of landscaping and water quality treatment devices in the open space lots, and for the maintenance of landscaping and the associated irrigation equipment on the common area lots. Annexation No. 12a (Tract No. 16465) is nearly complete.

A 50 % assessment is being proposed to establish a reserve fund. Annexation No. 12b was completed in July 2016 and is being assessed. Annexation No. 12c (Tract Map Nos. 18979 and 19975) located east of Tract Map No. 16627 and between Pioneer Avenue and Pennsylvania Avenue was approved by City Council in June 2016. A 5 0% assessment is being proposed to establish a reserve fund. Annexation No. 12d (Tract Map No. 20079) was approved by Council in May 2018. A 50% assessment is being proposed to establish a reserve fund.

In June 2014 Council approved Annexation No. 13 (Tract Map No. 18882) to the CFD located at the southwest corner of San Bernardino Avenue and Dearborn Street, respectively, for the maintenance of landscaping and the associated irrigation equipment on San Bernardino Avenue and Dearborn Street parkway frontages and for the maintenance of landscaping and the associated irrigation equipment on the common area lots with the exception of Lot B. Annexation No. 13 is dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexation is not being assessed.

In September 2015 Council approved Annexation N o. 14 (Parcel Map No. 19496 ) to the CFD located at the northeast corner of California Street and Lugonia Avenue for the maintenance of landscaping and associated irrigation equipment on the California Street center median. The maintenance of landscaping and associated irrigation equipment on California Street and Lugonia Avenue parkway frontages will be maintained by the property owner and will not be assessed.

In December 2017 Council approved Annexation No. 15 (Parcel Map No. 18535 -1) to the CFD located at the northwest corner of Eureka Street and Stuart Avenue for the maintenance of street trees, landscaping and irrigation in the rights -of-way and landscape maintenance along the property frontage. Annexation No. 15 will be dormant because the property owners have agreed to be responsible for all landscaping and irrigation efforts themselves; therefore the annexation is not being assessed.

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3 In April 2017 Council approved Annexation No, 16 (Tract Map No. 18988) to the CFD located on the north side of Pioneer Avenue, east of Texas Street for the maintenance of parks, slopes, parkways, median, open space, shade and seating structures, and monuments within and adjacent to said tract.

In July 2017 Council approved Annexation No. 17 (Tract Map No. 17022) to the CFD located at the northeast corner of Pioneer Avenue and Texas Street for the maintenance of slopes, parkways, open space and citrus trees within and adjacent to the tract . This project has not yet begun construction.

In May 2018 Council approved Annexation No. 18 (Parcel Map No. 19465) to the CFD located at the southeast corner of Alabama Street and Park Avenue for the maintenance of street trees, landscaping and irrigation in the rights -of-way and landscape maintenance easement along the property frontage within and in the parcel map. The maintenance of landscaping and associated irrigation equipment on Alabama Street and Park Avenue parkway frontages and landscape maintenance easement will be maintained by the property owner and will not be assessed.

In January, 2020 Council approved Annexation No. 19 ( Tract Map No. 19942) located at the northeast corner of Wabash Avenue and Sylvan Boulevard was approved for the maintenance of parks, slopes, parkways, and open space.

In May 2019 Council approved Annexation No. 20 (Tract Map No. 19956) to the CFD located at the southeast cor ner of Wabash Avenue and Citrus Avenue for the maintenance of slopes, parkways, and open space within and adjacent to the tract.

In September 2019 City Council approved Annexation No. 21 (Tract Map No. 20126) to the CFD located on the north side of Lugonia Avenue, south of Pennsylvania Avenue, east of Judson Street for the maintenance of parks, slopes, parkways, open space, and citrus groves.

In June 2020 Council approved Annexation No. 22 (Parcel Map No. 19981) to the CFD located at the northwest corner of Alabama Street and Park Avenue for the maintenance of parkways.

Parkways will be maintained by the property owner and will not be assessed.

In April 2021 Council approved Annexation No. 23 (Parcel Map No. 18536) to the CFD located at the southwest corner of Eureka Street and Stuart Avenue for maintenance of parkways.

In January 2021 Council approved Annexation No. 24 (Conditional Use Permit No. 1129) located at the southeast corner of Eureka Street and Stuart Avenue for maintenance of parkways. The maintenance of landscaping and associated irrigation equipment on Eureka Street and Stuart Avenue parkway frontages will be maintained by the property owner and will not be assessed.

In June 2023 City Council approved Annexation No. 25 (Tract Map No. 20065) located on the south side of East Highland Avenue and west of Redlands Street for the maintenance of infiltration trenches, infiltration basins, storm drain facilities, landscaping, and street trees.

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4 In March 2022 C ouncil approved Annexation No, 26 (Tract Map No. 20257) located at the northwest corner of San Bernardino Avenue and Texas Street for the maintenance of perimeter lettered lots, retention basins, and street trees. This project is currently under construction.

In October 2022 City Council approved Annexation No. 27 (Planned Development No. 4) to the CFD located at the northeast corner of Mountain View Avenue and I-10 for maintenance of public trails and trail fences.

Annexation No. 28 (Tract Map No. 20473) located at the southwest corner of San Bernardino Avenue and Wabash Avenue is currently on hold.

Annexation No. 29 (Tract Map No. 20336) located on the north side of Domestic Avenue approximately 700 feet west of Texas Street is anticipated to request Council action sometime in 2023.

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City Council/Successor Agency Meeting J. 9.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Ordinance No. 2959 (Second Reading) - Ordinance of the City of Redlands amending Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands
(Development Services Director Desatnik)
MOTION(S):

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

I move to adopt Ordinance No. 2959.

RECOMMENDATION:

It is recommended the City Council consider adoption of Ordinance No. 2959, amending Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands.

DISCUSSION:

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

ALTERNATIVES:

The Council may continue this matter in order to allow additional time to review Ordinance No. 2959 or the Council may reject adoption of Ordinance No. 2959.

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STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

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

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

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

Codification: $22/per page affected by the change
Legal Publication: $285
Attachments
Ordinance 2959-Clean
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1 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm ORDINANCE NO. 2959
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 18
(ZONING REGULATIONS) OF THE REDLANDS MUNICIPAL CODE BY ADDING CHAPTER 18.230 FOR AN INCLUSIONARY HOUSING PROGRAM

FOR THE CITY OF REDLANDS

WHEREAS, the City has initiated Ordinance Text Amendment No. 367 in accordance with Chapter 18.204 of the Redlands Municipal Code; and
WHEREAS, the Planning Commission finds that the City of Redlands faces a serious housing problem and the lack of access to affordable housing has a direct impact upon the health, safety, and welfare of the residents of the City; and

WHEREAS, the California Legislature has consistently recognized the continuing need for affordable housing in California, stating in Government Code Section 65580, that "the availability of housing is of vital statewide importance, and the early attainment of decent housing… is a priority of the highest order" and, further, that, "local… governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community"; and

WHEREAS, affordable housing is regulated by a variety of state and local laws, ordinances, and policies, and the Regional Housing Needs Assessment (RHNA) requires the City to provide for the development of a specified number of housing units. The City’s Housing Production allocation for the 2021 -2029 allocation cycle calls for the development of 2,234 new affordable housing units as follows: 652 units are needed for moderate -income households; 615 units are needed for low-income households and 967 units are needed for very low and extremely low-income households; and

WHEREAS, the City desires to explore and, to the extent feasible, use all available tools to meet its mandated regional housing goals; and

WHEREAS, a lack of new units affordable to very -low, low and moderate -income households within the City will have a substantially negative impact because: (1) housing will have to be built far from employment centers, which will increase commuting and nega tively impact traffic, air and noise pollution, and (2) the City and employers within the City will find it difficult to recruit and retain employees; and

WHEREAS, the City Council considered the findings, recommendations , and analysis contained in the r eport entitled Inclusionary Housing: Policy Recommendations (dated January 23, 2023) and the report entitled Inclusionary Housing: Financial Evaluation (dated January 23, 2023), both prepared by Keyser Marston Associates, and has determined that it is in the furtherance of the public health, safety, and welfare to require new Residential Development to incorporate affordable housing units within their development or otherwise take measure to further the development of affordable housing within the City; and

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2 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm WHEREAS, the State of California requires each city to develop a general plan establishing policies for future development. As specified in the Government Code, the general plan must: (i) encourage the development of a variety of housing types for all in come levels; (ii) assist in the development of adequate housing to meet the needs of low and moderate -income households; and (iii) conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action; and

WHEREAS, the City has authority under its police power to protect the public health, safety, and welfare, by imposing land use regulations that that will provide additional housing that is affordable to all income levels that is dispersed throughout the City; and

WHEREAS, the implementation of an inclusionary housing requirement in accordance with this proposed ordinance will provide a mechanism for all Residential Development containing ten (10) or more units to provide a contribution to affordable housing consistent with the goals of the City's adopted Housing Element; and the implementation of the ordinance will aid the City in achieving the goal of making affordable housing diverse, dispersed, and inclusionary; and

WHEREAS, an affordable inclusionary housing requirement for all new developments containing ten (10) or more residential units, in the City of Redlands will serve to contribute to meeting the City's overall future need of affordable housing and to help meet its RHNA allocations; and

WHEREAS, on February 14, 2023, the Planning Commission held a noticed public hearing and considered the staff report, oral report, the testimony and written evidence submitted by City staff; and
WHEREAS, on February 14, 2023, the Planning Commission held a noticed public hearing and considered the testimony and any written evidence submitted by the public; and WHEREAS, on April 25, 2023, the Planning Commission held a noticed public hearing and considered the staff report, oral report, the testimony and written evidence submitted by City staff; and
WHEREAS, on April 25, 2023, the Planning Commission held a noticed public hearing and considered the testimony and any written evidence submitted by the public; and WHEREAS, on April 25, 2023, the Planning Commission unanimously recommended to the City Council that Ordinance Text Amendment No. 367 be approved; and

WHEREAS, in accordanc e with Government Code section 65090, on or about May 26, 2023, the City Clerk gave notice by publication in a newspaper of general circulation of the holding of a public hearing at which Ordinance No. 2959 would be considered by City Council; and

WHEREAS, on June 20, 2023, the City Council held a noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2959; and

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3 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm WHEREAS, adoption of the proposed ordinance is exempt from the Cal ifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) of the California Environmental Quality Act Guidelines; and
WHEREAS, after closing the public hearing and deliberating upon the matter, the City Council finds that approval of the proposed amendment to Title 18 (Zoning Regulations) of the Redlands Municipal Code will be in the best interests of the public health, safety, and general welfare.

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

SECTION 1. California Environmental Quality Act. The proposed Ordinance Text Amendment No. 367 qualifies for exemption from environmental review and the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3). Under section 15061(b)(3), the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is exempt from CEQA. This Ordinance Text Amendment will not affect the physical environment by permitting a new use or intensifying an existing use. In stead, the Ordinance Text Amendment establishes affordable housing requirements through a range of means for individual projects. There is no potential for the changes to result in a significant effect on the environment.

SECTION 2. APPROVAL OF ORDINANCE TEXT AMENDMENT NO. 367. The proposed amendment to Title 18 (Zoning Regulations) of the Redlands Municipal Code is hereby adopted to add Chapter 18.230, entitled “Inclusionary Housing,” which shall read as follows:

“CHAPTER 18.230 INCLUSIONARY HOUSING”

18.230.010: PURPOSE:

The City’s purpose in enacting this title are as follows:
(a) To ensure the development and availability of decent, affordable housing to a broad range of households with varying income levels throughout the City. (b) To promote the City's goal to add affordable housing units to the City's housing stock. (c) To ensure the long -term affordability of units and availability for income -eligible households in years to come.
(d) To ensure that the private sector, in addition to public sector, participates in the provision of affordable housing for current and future residents of the City of Redlands. (e) To ensure that affordable housing will be dispersed throughout the City and not be segregated from market-rate housing.

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18.230.020: DEFINITIONS:

The following words, terms and phrases, when used in this chapter, s hall have the meanings ascribed to them in this title, except where the context clearly indicates a different meaning:
“Affordable Housing Cost” means the housing cost for for -sale Inclusionary Units as defined by California Health & Safety Code section 50052.5 for owner occupied housing, as applicable to the moderate-income households.
“Affordable Housing Agreement” means a legally binding agreement between an applicant and the City, in a form and substance satisfactory to the City Manager and City Attorney and suitable for recording, setting forth those provisions necessary to ensure that the requirements of this chapter are, and will continue to be, satisfied.
“Affordable Rent” means the affordable rent for rental dwelling units as defined in California Health and Safety Code Section 50053.
“Affordable Sales Price” means the maximum sales price for which a for -sale Inclusionary Unit may be sold, that will result in the purchaser paying an Affordable Housing Cost for the for -sale Inclusionary Unit, assuming a benchmark mortgage interest rate and minimum down payment as may be established by the City from time to time.
“Applicant” or “developer” means a person, persons, or entity that applies to the City for one or more discretionary or residential permits required for the development of a Residential Development and also includes the owner or owners of the property if the Applicant does not own the property on which the development is proposed.
“Area Median Income” means the annual median household for San Bernardino County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.
“Building Permit” means full structural building permits as well as partial permits such as foundation-only permits.
“Certificate of Occupancy” means the permit issued by the City of Redlands building di vision authorizing the initial occupancy of a residential unit, including a temporary certificate of occupancy.
“City Manager” means the City of Redlands City Manager or designee. “Density Bonus Units” mean dwelling units approved in a Residential Develop ment pursuant to California Government Code section 65915 et seq. and the City Density Bonus Ordinance (Redlands Municipal Code chapter 18.228) that are in excess of the maximum residential density otherwise permitted by the City of Redlands General Plan or Zoning Ordinance, and any applicable Specific Plan.

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5 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm “Dwelling Unit” shall have the definition given for dwelling unit in subsection 18.08.225 of the Redlands Municipal Code.
“For-Sale” means any dwelling unit, including but not limited to a condominium , townhome, other attached or detached single family dwelling unit, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is located for the creation of the unit in accordance with the Subdivision Map Act (California Government Code section 66410 et seq.).
“Household” means one person living alone or two or more persons sharing residency. “Inclusionary Housing Fund” means the fund established pursuant to subsection 18.230.170(B) of this chapter, which is designated by the City to maintain and account for all funds received pursuant to this title, including but not limited to, all In-lieu Fees. “Inclusionary Housing Plan” means a plan containing all the information specified in and submitted in conformance with subsection 18.230.140 of this chapter specifying the manner in which Inclusionary Units will be provided in conformance with this chapter. “Inclusionary Unit” means a dwelling unit that is designated to meet the requirements set forth in this chapter, and that must be made available at an Affordable Housing Cost or an affordable rent to eligible moderate-, low- or very low-income households, as applicable to the unit. “In-lieu Fee” means a fee paid by an applicant into the City’s Inclusionary housing fund in -lieu of constructing Inclusionary Units pursuant to this chapter. Payment of In -lieu Fees shall be allowed as an option in accordance with subsection 18.230.120(A) of this title. “Low-Income Household” means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time for San Bernardino County pursuant to Section 8 of the United States Housing Act of 1937. The income limit for low- income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932.
“Low-income Unit” means a dwelling unit that is required to be sold or rented to a low -income household at an Affordable Sales Price or an affordable rent, as applicable. “Market-Rate Unit” means a dwelling unit in a Residential Development that is not an Inclusionary Unit.

Moderate-Income Household shall have the same definition of “persons and families of low or moderate-income as set forth in California Health & Safety Code Section 50093. The income limit for moderate -income households, adjusted for family size, is publ ished periodically in the California Code of Regulations, Title 25, Section 6932.

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6 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm “Moderate-Income Unit” means a dwelling unit that is required to be sold or rented to a moderate- income household, or a low -income unit that is able to qualify to rent or pur chase the moderate- income unit.
“Rental” means a dwelling unit that is not a for -sale dwelling unit, and does not include any dwelling unit, whether offered for rental or sale, that may be sold as a result of the lawful subdivision of the parcel upon which the dwelling unit is located or creation of the unit in accordance with the Subdivision Map Act (Government Code section 66410 et seq.). “Resale Restriction Agreement” means a legally binding agreement between the City and the purchaser of a for -sale Incl usionary Unit, in a form as approved by the City Attorney, which requires that the Inclusionary Unit to be occupied by the purchaser for the term of the agreement or sold to another Moderate-Income Household at an Affordable Sales Price. “Residential Devel opment” means any development project for which an application for any ministerial or discretionary permit has been submitted to the City, and where the development would create new or additional dwelling units by the construction or alteration of structur es, the conversion of a use to residential from any other use, or the conversion of a use to for -sale residential from rental residential use.
“Utilities” means garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels.
“Very Low-income Household” means a household whose income does not exceed the qualifying limits for very low -income families as established and amended from time to time for San Bernardino County pursuant to Section 8 of the United States Housing Act of 1937. The income limits for very low -income households, adjusted for family size, is published periodically in the California Code of Regulations, Title 25, Section 6932. “Very Low -income Unit” that is required to be rented to a very low -income household at an affordable rent.

18.230.030: INCLUSIONARY HOUSING REQUIREMENTS:

A Residential Development that includes ten (10) or more Dwelling Units shall be subject to the provisions of this chapter.

A. Inclusionary Requirements for For -Sale Dwelling Units : Residential developments that include for -sale single -family detached d welling units, townhomes, and condominiums shall include for-sale moderate-income units equal to five percent (5%) of the total number of dwelling units in the Residential Development. If a residential condominium development is developed with the intent to initially rent the dwelling units, the Residential Development shall comply with the inclusionary requirements for rental dwelling units set forth in subsection B below, and any future sale of the Inclusionary Units shall be addressed in the Affordable Housing Agreement for Regular Redlands Meeting of 07-05-2023
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7 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm the Inclusionary Units for-sale dwelling units shall provide Inclusionary Units through one of the following means:

B. Inclusionary Requirements for Rental Dwelling Units: Residential Developments that are comprised of Rental dwellin g units shall include, within the residential development, one of the following as a percentage of the total number of Dwelling Units:

1. 5% Low Income Units and 7% Moderate Income Units; or

2. 5% Very Low Income Units and 5% Moderate Income Units; or

3. 9% Low Income Units
C. Notwithstanding the requirements contained in 18.230.030(A) and (B), projects for which the City has received a development application on or before March 1, 2023 may fulfill the requirements of this title by providing 5% Very Low-Income rental units.

D. Density Bonus Units: For purposes of calculating the number of Inclusionary Units required, any additional units authorized as density bonus units will not be counted in determining the required number of Inclusionary Units.

E. Fractional Unit s: If, in computing the total number of Inclusionary Units required in a Residential Development, there is a fractional unit required, the Applicant shall pay an In-lieu Fee in the amount determined pursuant to subsection 18.230.120(A)(4) of this title, equal to the amount calculated for that fractional unit on a per Dwelling Unit basis.

F. Residential Development with a Combination of For -sale and Rental Dwelling Units:

When a Residential Development includes a combination of for -sale and rental Dwellin g Units, the number and income levels for Inclusionary Units required for the Residential Development shall be calculated for each category of dwelling units (i.e., for -sale and rental) individually, and combined to comprise the Residential Development’s t otal inclusionary housing requirement pursuant to this title.

18.230.040: DURATION OF AFFORDABILITY COVENANTS:

A. For-sale Inclusionary Units produced pursuant to this chapter must be legally restricted to sale to and occupancy by households of the income levels for which the units were designated for a single cumulative term of 55 years. During that term, the for -sale Inclusionary Units may only be sold and resold to Moderate or Low -Income Households at an Affordable Sales Price for Moderate-Income Households.

B. Rental units produced pursuant to this chapter must be legally restricted to rental to and occupancy by households in the income level for which the Inclusionary Units are developed for a term of not less than fifty -five (55) years. At the end of the fifty-five-year term, the restrictions on rental of the Inclusionary Units may only be removed in the event that the property upon which the rental Inclusionary Unit or units are located is rezoned and used for non-residential use.

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8 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm C. To ensure compliance with the durational requirement, Affordable Housing Agreements, and resale restriction agreements for For-sale Inclusionary Units, shall be recorded in the chain of title for every Inclusionary Unit as provided in subsection 18.230.140(E) of this title.

18.230.050: DEVELOPMENT STANDARDS FOR FOR -SALE INCLUSIONARY UNITS:

Unless otherwise specified by the City Council, Inclusionary Units shall be developed and incorporated into the applicable Residential Development in a manner consistent with the following requirements:

A. For-sale Inclusionary Units shall be reasonably dispersed throughout a Residential Development and not clustered in a specific portion of the development, and the location of the for-sale Inclusionary Units within a Residential Development shall be designated before issuance of building permits for the development.

B. The for-sale Inclusionary Units shall be built concurrently with the market rate units in the Residential Development. The Inclusionary Units may be constructed in phases if the market rate units are constructed in phases, provided that the percentage of Inclusionary Units developed in each phase shall be equivalent to or greater than the total percentage of Inclusionary Units to be developed as part of the Residential Develop ment until such time that all the Inclusionary Units have been built.

C. For-sale Inclusionary Units shall be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units.

D. The bedroom mix for the for-sale Inclusionary Units must be proportional to the bedroom mix of the market rate units, but the for-sale Inclusionary Units may be smaller in square footage than the market rate units.

E. The interior finishes and features for the Inclusionary Units must be comparable to the base level interior finishes for the market -rate units, and the appliance packages in the for -sale Inclusionary Units must be the same as the appliance packages provided in the base level market rate units.

18.230.060: DEVELOPMENT STANDARDS FOR RENTAL INCLUSIONARY UNITS:

A. The rental Inclusionary Units developed in a rental Residential Development shall be designated before issuance of building permits for the development and shall be reasonably dispersed throughout the Residential Development.

B. The rental Inclusionary Units shall be built concurrently with the market rate units in the rental Residential Development.

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9 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm C. The bedroom mix for the rental Inclusionary Units in a rental Residential Deve lopment must be proportional to the bedroom mix of the market rate units, but the Inclusionary Units may be smaller in square footage than the market rate units.

D. The interior improvements for the rental Inclusionary Units must be consistent with defined housing quality standards as established for Inclusionary Units by the City. If no such housing quality standards have been established by the City, the improvements shall comply with the standards established or approved by the California Tax Credit All ocation Committee for residential units developed pursuant to the federal low -income housing tax credit program. The market rate units can include enhanced interior improvements.

18.230.070: DEVELOPMENT STANDARDS FOR OFF-SITE INCLUSIONARY UNITS:

Inclusionary units that are constructed to satisfy this title that are outside the boundaries of the market-rate Residential Development shall comply with the following requirements:

A. The Inclusionary Units constructed must be rental dwelling units.

B. The parcel upon which the rental Inclusionary Units are constructed must be constructed within one mile of the boundary of the market rate Residential Development that is subject to the requirements of this title.

C. The Inclusionary Units shall not create an over concentration of deed restricted affordable housing units in any specific neighborhood. For purposes of this title, “over concentration” is defined as more than fifty (50) deed restricted very low or low -income dwelling units within ¼ mile of the site of the proposed Inclusionary Units, or more than two hundred (200) of such units within one-half (½) mile of the site of the proposed Inclusionary Units.

D. The developer of the for-sale Residential Development may enter into an agreement with a separate affor dable housing developer to construct, own and operate the rental Inclusionary Units, subject to the following requirements:

1. The affordable housing developer must have relevant recent experience developing affordable housing and be approved by the City in its sole discretion; and

2. The affordable housing developer may not request any financial assistance from the City.

3. The affordable housing developer may apply to use the density bonus, incentives and concessions available pursuant to Government Code section 65915 for the Residential Development based on the Inclusionary Units developed outside the boundaries of the Residential Development as provided in this subsection.

E Design, building quality and maintenance standards must be consi stent with defined housing quality standards as established for Inclusionary Units by the City. If no such housing Regular Redlands Meeting of 07-05-2023
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10 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm quality standards have been established by the City, the improvements shall comply with the standards established or approved by the Califor nia Tax Credit Allocation Committee for residential units developed pursuant to the federal low-income housing tax credit program.

F. The bedroom mix for the rental Inclusionary Units shall not be required to be proportionate to the for-sale residential units, provided that the rental Inclusionary Units shall be consistent with the following requirements:

1. No more than fifteen percent (15%) of the rental Inclusionary Units may be studio units.

2. At least forty percent (40%) of the rental Inclusionary Uni ts must include two or more bedrooms.

3. The remaining units must be one or more bedrooms.

G. The rental Inclusionary Units shall be built prior to or concurrently with the market rate units in the Residential Development that triggered the requirements for the Inclusionary Units. If the market rate units are constructed in phases, the rental Inclusionary Units must be constructed prior to or concurrently with the first phase of the market rate Residential Development. The developer shall not commence co nstruction on the second phase of the Residential Development until the required rental Inclusionary Units are completed.

18.230.080: ACCESS TO COMMON AMENITIES:

Residents and tenants of Inclusionary Units located within the Residential Development shall be provided the same rights and access to common amenities in the development project as residents and tenants occupying market-rate units.

18.230.090: INCLUSIONARY HOUSING POLICIES AND PROCEDURES:

The City will prepare manuals that detail the Inclusionary Housing policies and procedures that will be applied to residential projects that are subject to the Inclusionary Housing program requirements. Separate manuals will be prepared for For-sale and Rental housing developments.

18.230.100: MARKETING OF INCLUSIONARY UNITS:

Developer shall use commercially reasonable efforts to market the Inclusionary Units to eligible residents of the City of Redlands, consistent with the City’s Inclusionary Housing Policies and Procedures.

18.230.110: ALTERNATIVE MEANS OF FULFILLING INCLUSIONARY HOUSING OBLIGATIONS:

A. Payment of In-lieu Fee
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11 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm As an alternative to constructing Inclusionary Units as required by this title, all or a portion of the inclusionary housing requirement may be fulfilled through the payment of an In-lieu Fee pursuant to an In-lieu Fee schedule adopted by the City pursuant to this title, subject to the following:

1. For-sale Residential Developments of any size may pay an In-lieu Fee by-right.

2. Rental Residential Developments with twenty two (22) or fewer units may pay an In-lieu Fee by-right.

3. Rental Residential Developments with twenty three (23) or greater units may pay an In-lieu Fee, subject to approval by the City Council, upon a demonstration that providing the affordable units in the Residential Development would create an unreasonable economic hardship due to such factors as project size, site constraints, and/or excessively large affordability gaps.

4. Prior to the effective date of this title, and from time to time thereafter, the City Council shall adopt by resolution a schedule of In -lieu Fees that shall be levied based on the square footage of the saleable area of For -sale Residential Developments or leasable area of Rental Residential Developments, but excluding the affordab le units in a project that received a density bonus in accordance with Government Code section 65915.1. The amount of In-lieu Fees shall be established by resolution of the City Council. The In -lieu Fee schedule shall be updated periodically by the City Council.

5. The required In-lieu Fees shall be paid at the time that the first building permit is obtained for the Residential Development, except that, for phased projects, the developer may pay a pro rata share of the In-lieu Fee, based on the number and size of phases in the development, concurrently with the issuance of the first building permit for each phase of the Residential Development.

6. All In -lieu Fees collected under this title shall be deposited in the Inclusionary Housing fund established by the City pursuant to subsection 18.230.170(B) of this title.

B. Off-site Development of Affordable Units
Residential Developments can fulfill Inclusionary Housing requirements by renting 9% of the total number of units in the development at the Low-income standard in one of the following ways:

1. Off-site production of affordable rental units; or

2. Creation of a parcel within a For -sale Housing Development site on which affordable rental units are constructed.

C. Land Dedication
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12 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm As an alternative to constructing the required inclusionary units in accordance with this title, the City Council may, in its discretion, allow an applicant to dedicate real property to the City for the purpose of developing affordable housing, provided th at the real property dedicated to the City must satisfy all of the following requirements:

1. The real property must be conveyed to the City at no cost.

2. At the time the applicant submits a proposal to dedicate real property to the City pursuant to this title, the applicant must provide evidence satisfactory to the City that the property meets the following requirements:
a. The applicant has control over the property through fee ownership, an option to purchase the property, or other property interest demonstratin g site control satisfactory to the City, and the real property is free of any monetary liens. In the event that there are any encumbrances or easements that adversely impact title to the property, those encumbrances or easements must be disclosed and factored into the estimated value of the real property interest to be conveyed to the City.
b. The applicant must provide evidence satisfactory to the City that the property does not contain any hazardous materials at the time of conveyance; must disclose whether any hazardous materials were previously found on the property; and if hazardous materials were previously remediated from the property, the applicant must provide evidence satisfactory to the City that such hazardous materials were remediated in accordable with all applicable laws and regulations.
c. The property cannot have been improved with any residential use for at least five years prior to the submission of the proposal for dedication of the property to the City pursuant to this title.
d. The property must be located within one mile of the property upon with the applicant proposes to develop the market rate residential development that has triggered the requirements of this title.
e. The property must have a general plan designation that autho rizes residential uses and is zoned for residential development at a density to accommodate at least a number of dwelling units equal to at least 10% of the number of dwelling units proposed in the Applicant’s residential development. f. The property must be suitable for development of inclusionary units equal to at least 1 0% of the number of dwelling units proposed in the applicant’s residential development, in terms of configuration, physical characteristics, Regular Redlands Meeting of 07-05-2023
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13 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm location, access, adjacent uses, and other releva nt planning and development criteria including, but not limited to, factors such as the cost of construction or development arising from the nature, condition, or location of the property. g. Infrastructure to serve the property, including but not limited to streets and public utilities, must be available at the property line and have adequate capacity to serve the maximum allowable residential development pursuant to zoning regulations.

3. In order to assist the City in evaluating a proposal by an applicant to dedicate property pursuant to this title, the applicant shall submit the following documents:
a. A conceptual site plan and narrative description of a residential development that could be developed on the property.
b. An identification of the income and affordability restrictions proposed to be imposed on the property.
c. A pro forma analysis that quantifies any financial gap associated with the identified development scope and describes how this financial gap will be filled. d. If the applicant believes a density bonus would be required pursuant to Government Code Section 65915, the terms of the requested density bonus; and the incentives, concessions, and development waivers that applicant anticipates will be requested for the development of the property.

4. Prior to scheduling a proposal for dedication of property pursuant to this title for consideration by the City Council, City staff will independently evaluate the applicant’s proposal and provide the City Council with an analysis of whether the proposal meets the required standards set forth in this title.

D. The alternative means of compliance set forth herein are intended to implement the City’s authority to promote the development of affordable housing, in accordance with California Government Code § 65850, subdivision (g), and shall not be considered or construed as an ad hoc exaction, a mandated fee required to develop a specific property, or a fee imposed to offset the development impacts of a specific project.

18.230.120: EXEMPTIONS:

The requirements of this chapter do not apply to:

A. Residential developments of nine (9) or fewer housing units.

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14 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm B. The reconstruction of any structures that have been destroyed by fire, flood, earthquake, or other act of nature provided that the reconstruction of the site does not increase the number of residential units by three or more.

C. Residential building additions, repairs or remodels, provided that such work does not increase the number of existing units by three or more.

D. Residential developments that have been deemed complete by the City pursuant to Government Code S ection 65589.5 or 65943 as of the effective date of this title. Further, for Residential Developments that have been deemed complete by the City pursuant to Government Code Section 65589.5 or 65943 within forty -five (45) days of the effective date of this title, the inclusionary housing requirement imposed pursuant to this chapter shall be reduced by fifty percent (50%).

18.230.130: COMPLIANCE PROCEDURES:

A. No Residential Development subject to this title shall be approved or deemed approved without approval of an Inclusionary Housing Plan as provided herein.

B. Submittal of Inclusionary Housing Plan: The applicant for a residential project subject to this title shall submit an Inclusionary Housing Plan in conjunction with its application for discretionary approvals required of the City for the Residential Development, or if no discretionary approvals are required, in conjunction with the application for the first ministerial permit or approval required for the Residential Development. The Inclusionary Housing Plan shall be in a form as required by the City and must include the following information as applicable based on the applicant’s method of compliance with this title:

1. Whether the Residential Development is For-sale or Rental;

2. How the inclusionary housing requirement will be satisfied pursuant to this title;

3. The number, unit type, tenure, number of bedrooms, approximate location, size and design, construction and completion schedule of all Inclusionary Units;

4. For off-site development of Inclusionary Units, such information as is required to demonstrate compliance with subsection 18.230.120(B);

5. Phasing of Inclusionary Units in relation to market rate units;

6. The amount of In-lieu Fees to be paid by applicant, if applicable.

7. Any other information reasonably requested by the City Manager to assist with evaluation of the plan under the requirements of this ordinance.

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8. Acknowledgement that an instrument as specified by the City restricting the Inclusionary Unit(s) as affor dable shall be recorded against every Inclusionary Unit and that a recordable Affordable Housing Agreement shall be entered into by the applicant and any other necessary party, and/or that all required In-lieu Fees shall be paid at the time set forth in subsection 18.230(A)(5).

C. Approval of Inclusionary Housing Plan.

1. In the event that the Residential Development requires discretionary approvals in order to be developed, the Inclusionary Housing Plan shall be considered with the application for such inclusionary approvals by the entity responsible for reviewing such discretionary approvals and may be appealed in accordance with the appeals procedures established for such approvals.

2. In the event that the Residential Development does not require discretionary approvals in order to be developed, the Inclusionary Housing Plan shall be considered by the City Manager and must be approved prior to the issuance of any ministerial permits required for the Residential Development. The City Manager’s deci sion is final unless a written appeal is filed with the City Clerk’s office within ten days from the date of issuance of the City Manager’s decision under this title. The City Council’s decision on appeal shall be final.

3. Notwithstanding the foregoing, in the event the applicant desires to comply with this title by means of a method that specifically requires City Council approval pursuant to this title, the Inclusionary Housing Plan shall be considered by the City Council either prior to or concurrently with consideration by the required decision -making body for the approvals required for the Residential Development.

D. Form of restrictions: The forms of the Affordable Housing Agreement and any related declarations, resale restrictions, deeds of trust, and other documents authorized by this title shall be in a general form as prescribed by the City and shall be approved by the City Manager and approved as to form by the City Attorney prior to being executed with respect to any Residential Development subject to this program.

E. Recording of Affordable Housing Agreements.

1. An Affordable Housing Agreement in a form approved by the City must be recorded against Inclusionary Units or the Residential Development in its entirety, as deemed appropriate by the City Manager in consultation with the City Attorney, prior to the issuance of any building permit for the Residential Development. The Affordable Housing Agreement shall ensure that the applicant develops the required Inclusionary Housing Units and complies with all other terms of the approved Inclusionary Housing Plan and this title.

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2. Resale restrictions, deeds of trust, and/or other documents as deemed necessary or appropriate by the City Manager shall be recorded against For -Sale Inclusionary Units to ensure the continued affordability of the For -Sale Inclusionary Units in compliance with this title.

F. Building permits: The City shall not issue a building permit for a Residential Development subject to the requirements of this title without an Affordable Housing Agreement executed by the owner, the applicant (if not the owner) and the City Manager, and approved as to form by the City Attorney, and recorded against the property, or payment of In -lieu Fees in accordance with th is title.

18.230.140: REQUIREMENTS FOR FOR-SALE INCLUSIONARY UNITS:

A. Initial sales price and resale: The initial sales price and resale price of the For -sale Inclusionary Unit will be at an Affordable Sales Price that will ensure that the purchase r of the Inclusionary Unit will pay an Affordable Housing Cost for the unit. The City shall, from time to time, set a benchmark mortgage interest rate and an assumed home buyer down payment amount to be used to calculate the Affordable Sales Price. The C ity Manager may establish and adjust such benchmark mortgage interest rates, establish an assumed home buyer down payment amount, along with a range of allowable home buyer down payments pursuant to the delegated authority set forth in 18.230.170(A). Such standards shall be in writing and available to the public upon request.

B. Transfer: A resale restriction agreement will be entered into on each change of ownership of For -sale Inclusionary Units, to maintain the household income restriction on the Inclusionary Unit prior to the expiration of the affordability period established pursuant to subsection 18.230.040.

C. Owner occupancy required: All for -sale Inclusionary Units are subject to the following regulations:

1. Principal residence. The purchaser of the Inclusionary Unit shall use and occupy the Inclusionary Unit as purchaser’s principal place of residence.

2. No rental. Owner is expressly prohibited from leasing or renting the Inclusionary Unit unless the City has given its prior written consent to such lease or rental on the basis of a demonstrated hardship by the owner.

3. Annual report. The City from time to time may require certification of continuing occupancy of the Inclusionary Unit by owner, which shall be verified by owner to th e reasonable satisfaction of the City by means of a written report by owner to the City setting forth the income and family size of the occupants of the Inclusionary Unit. Such report shall be submitted to the City annually. Owner shall not be deemed to be in default of the Regular Redlands Meeting of 07-05-2023
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17 I:\cmo\Ordinances\2959 - Inclusionary Housing_CLEAN.docx-jm affordable agreement and this program for any failure to deliver such annual report until 30 days after receipt by owner of written notice from the City requesting such report. The City shall have the option of establishing the type of form to be used for the report.

18.230.150: OCCUPANCY OF RENTAL UNITS:

A. Occupancy of Rental Units: Unless determined otherwise by the City Council, all rental Inclusionary Units required by this title shall be only rented to households in the appropriate income category for the Inclusionary Units, as set forth in this title.

B. Use and occupancy of rental Inclusionary Units: The applicant shall designate and offer rental Inclusionary Units for rent to households in the appropriate income categ ory, based on the approved Inclusionary Housing Plan.

C. Establishment of rental rates: The maximum allowable rent of Inclusionary Units will be the Affordable Rent as defined herein, based on the applicable income levels for the Inclusionary Units, and shall be confirmed by the City on an annual basis.

D. Annual report: The owner shall submit an annual report summarizing the occupancy of each Rental Inclusionary Unit for the year. The City may require additional information if deemed necessary. The owner must obtain and review documents that demonstrate the prospective renter's total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on a form approved by the City.

18.230.160: ADJUSTMENTS, WAIVERS:

The requirements of this ordinance may be adjusted or waived if the applicant demonstrates to the City Manager that applying the requirement of this ordinance would take property in violation of the United States or California Constitutions.

A. Timing: For an adjustment or waiver to be considered, the applicant must apply for the same at the time of an application for the Residential Development.

B. Adjustment or waivers: If the City Manager determines that applying the requirement of this program, considered together with any variances, or regulatory concessions or incentives that may be applied to the proposed residential project, would take property in violation of the United States or California Constitutions, the requirements of this program shall be modified, adjusted or waived to reduce the obligations but only to the extent necessary to avoid an unconstitutional result. If the City Manager determines no violation of the United States or California Constitutions would occur thr ough application of this ordinance, the requirements of this ordinance remain applicable.

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C. Decision and further appeal: The City Manager will determine the adjustment or waiver application and issue a written decision. The City Manager’s decision may be appealed to the City Council in the manner and within ten days of issuance of the written decision by the City Manager.

In making the (adjustment or waiver) determination, the City Manager or City Council, as applicable shall assume each of the following:

1. Application of the inclusionary housing requirement to the Residential Development;

2. Application of any applicable inclusionary or density bonus concessions, incentives or waivers;

3. Utilization of the most cost-efficient product type for the Inclusionary Units; and

4. The potential for the external funding, including but not limited to, governmental grants, loans, or subsidies of any nature where reasonably likely to occur.

18.230.170: ADMINISTRATION AND ENFORCEMENT:

A. Program administration: The City Manager is hereby given authority to initiate any administrative procedures or implementation guidelines as may be necessary to implement and carry out the purpose and intent of this title. Further, the City Manager may, in the implementation of this program, develop application forms and submittal requirements reasonably related to the implementation of this title.

Forms or materials needed for implementation of this title may be introduced and utilized by the City as the City Manager deems may be necessary or desirable. All form changes or administrative procedures initiated by the City Manager, and all administrative determinations or exercises of delegated authority by the City Manager, shall be carried out in a manner consistent with, and reasonably related to, the purposes and intent of this title, the housing element and all other elements of the City's General Plan, and the furtherance of state and local housing policies and goals, while respecting at all times the rights of property owners and applicants.

B. Inclusionary Housing Fund:

1. Unless otherwise required by law, all In -lieu Fees and any other funds collected under this title shall be deposited into a separate accou nt to be designated as the City of Redlands Inclusionary Housing Fund.

2. The moneys in the inclusionary housing fund and all earnings from investment of the moneys in the inclusionary housing fund shall be expended exclusively to provide housing affordable to Very Low-income, Low-income, and Moderate-income households in the City of Redlands leveraging funds, and administration and compliance monitoring of the Inclusionary Housing Program.

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C. Enforcement:

1. The City Attorney shall be authorized to enforce the provisions of this title and all Affordable Housing Agreements, resale restrictions, deed of trust, and other requirements placed on Inclusionary Units by civil action and any other proceeding or method permitted by law. The City may, at its discretion, take such enforcement action as is authorized under this code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this title.

2. Failure of any official or agency to fulfill the requirements of this title shall not excuse any applicant or owner from the requirements of this title. No permit, license, map, or other approval or entitlement for a Residential Development shall be issued, including without limitation a final inspection or certifica te of occupancy, until all applicable requirements of this title have been satisfied.

3. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.”
SECTION 3. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.

_________________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________________
Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 5th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 10.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc., to allow for the continued performance of professional services for field survey and survey mapping/improvement plan review services for the City, change the City representative, and authorize an additional appropriation in the amount of $57,415 (Development Services Director Desatnik)
MOTION(S):

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

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

1. I move to approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc., changing the name of the City's representative, and extending the end term of the agreement from October 19, 2023 to October 19, 2024 with an option to extend the agreement one additional year; and

2. I further move to authorize an additional appropriation of $57,415 from the General Fund unassigned fund balance to Development Services FY 2023-24 Land Use Engineering Budget.

3. RECOMMENDATION:

Staff recommends City Council approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc., to change the name of the City's representative, to extend the end term of the agreement from October 19, 2023 to October 19, 2024, with an option to extend Regular Redlands Meeting of 07-05-2023
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the agreement one additional year, and authorize an additional appropriation in the amount of $57,415, to allow for the continued performance of professional services for field survey and survey mapping/improvement plan review services for the City.

DISCUSSION:

On October 19, 2021 (Agenda Item No. I.13.), City Council approved an agreement with CASC Engineering and Consulting, Inc. for an amount not to exceed $75,000 to provide field survey and survey mapping/improvement plan review services for the City through the Municipal Utilities and Engineering Department (MUED).

Effective July 1, 2022, the Land Use Engineering division of MUED was moved under Development Services and this agreement was not included in the Fiscal Year 2022-23 Operating Budget plan. Purchase Order No. 22210990 was authorized under MUED for a not-to-exceed amount of $75,000 and has a remaining balance of $57,415. It is recommended a new Purchase Order be issued to Development Services Land Use Engineering (101163-6106) for the remaining balance of the PO and agreement term.

CASC Engineering and Consulting, Inc., provides Professional Land Surveying and supplemental plan review services, which may include filed surveying for Capital Improvement Projects, development of easement legal descriptions and exhibits, technical review of land improvement plans, parcel maps, tract maps, and other documents for accuracy. A competitive process was completed in July 2021 to procure these services.

The proposed action is exempt from the requirements of the California Environmental Quality Act's (CEQA) guidelines pursuant to Section 15061(b)(3) as the amendment of an existing agreement would be covered by the general rule common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and there is negligible expansion of existing facilities.

ALTERNATIVES:

City Council may elect not to amend the existing agreement and provide staff with an alternative recommendation. However, not approving these actions would result in a halt in the processing of future services provided by CASC Engineering and Consulting, Inc.

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STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

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

Tricia Munoz, Development Services Management Analyst
Fiscal Impact
Fiscal Year: 2023-24
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $57,415
Budgeted Y/N: N
Account No.: 101163-6106
Discussion:

Approval of this item will impact the General Fund unassigned fund balance in the amount of $57,415. Funding for this agreement was previously budgeted and included in the prior MUED Operating Budget and has been identified as an agreement to be included in the Development Services Land Use Engineering Operating Budget.

Attachments
First Amendment CASC
Agreement CASC Engineering and Consulting, Inc
Additional Appropriation Form
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1 I:\cmo\Agreements\First Amendment CASC Engineering and Consulting FY22-0192.docx - AE

FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This first amendment (“First Amendment”) to the agreement for the provision of professional services for the provision of field survey and survey mapping/improvement plan review services (“Agreement”), dated October 19, 2021, by and between the City of Redlands, a municipal corporation and a general law city ( “City”), and CASC Engineering and Consulting, Inc., a California Corporation (“Consultant”), is made and entered into this 5th day of July 2023.

RECITALS

WHEREAS, the Parties entered into a Professional Services Agreement (“Agreement”) on October 19, 2021, for the development of an Inclusionary Housing Program;

WHEREAS, the Parties entered in to a First Amendment to the Agreement (“ First Amendment”) on July 5, 2023; and

WHEREAS, it is the desire of the Parties to amend their existing Agreement, specifically to make a change exgtending the deadline for the performance of the services by the Consultant.

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

AGREEMENT

Section 1. Article 3 of the Agreement, entitled “ Responsibilities of City ,” is hereby amended to read as follows:

“3.1 City designates Brian Desatnik, Development Services Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of services.

Section 2. Article 4 of the Agreement, entitled “Performance of Services,” is hereby amended to read as follows:

“4.2 The term of this agreement shall be extened to October 19, 2024, and the City shall have the option to extend the term of the Agreement by one (1) additional year, on the same terms and conditions, by providing written notice to the Contractor at least thirty (30) days prior to the expiration of the Agreement unless the services are terminated earlier as provided for herein.”

Section 3. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

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2 I:\cmo\Agreements\First Amendment CASC Engineering and Consulting FY22-0192.docx - AE

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 5, 2023.

CITY OF REDLANDS CASC ENGINEERING AND
CONSULTING, INC.

________________________________ By: ________________________________ Eddie Tejeda, Mayor Richard J. Sidor, President/CEO

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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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. 11.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Agreement with Liftoff, LLC for software licensing and consulting services (Management
Services/Finance Director Garcia)
MOTION(S):

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

I move to approve the first amendment to the agreement with Liftoff, LLC for software licensing and consulting services.

RECOMMENDATION:

Staff recommends that Council approve the first amendment to the agreement with Liftoff, LLC for the provision of software licensing and consulting services.

DISCUSSION:

In February 2022, the Council approved an agreement with Liftoff, LLC for software licensing and professional consulting services to facilitate the City's conversion from a Microsoft Exchange on-premise server-based email platform to Office 365, an online, hosted email platform. Office 365 comes with a long list of advantages over traditional on-premise email systems. The project was to be completed in two phases. First, the City's email system would be converted and then the Police Department's system would be converted.

In the agreement, staff structured the compensation language to include the cost of licensing and consulting services within the first year of both phases. As such, the cost for consulting services was frontloaded to facilitate the conversions.

The Initial Term was to be compensated in the amount of $160,000 and the remaining 1-year renewal terms would be compensated at $130,000 each (the cost of the licensing alone, without consulting services).

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cost of the licensing alone, without consulting services).

The project encountered significant delays due to competing priorities and staff shortages. As a result, the conversion timeline was pushed back and the costs during the initial term amounted to less than $65,000. Staff would like to reallocate the remaining amount of roughly $95,000 to the second year of the agreement. The amendment attached to this staff report would effectuate that reallocation.

In terms of progress, the City-side migration was completed in July 2022.

Testing and planning is complete for the Police Department's conversion, which is set to occur this month, July 2023.

ALTERNATIVES:

The Council may deny the motion and provide alternative direction to staff.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: No
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Discussion:

There is no fiscal impact associated with the amendment. The unspent funds from the initial term of the agreement will be carried over into the first renewal term from the amounts already approved in the Division of Innovation & Technology's budget for FY 2024.

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Attachments
Original Agreement with liftoff LLC February 2022
Liftoff, LLC First Amendment to Agreement
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
Thisagreementfor theprovisionof professionalsoftwarelicensingandconsultingservices Agreement") is made andenteredin this 1stdayof February, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation (" City") and LiftOff, LLC, a Maryland limited liability company ("Consultant") City andConsultantaresometimesindividually referred to herein as a "Party" and, together, as the " Parties." In considerationof the mutual promises containedherein, City and Consultant agreeasfollows
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1 1 City herebyengagesConsultantto provideMicrosoft Office 365licensingandconsulting servicesfor City (the "Services")

1.2 The Servicesshallbe performedby Consultantin aprofessionalmanner, andConsultant representsthat it hasthe skill and the professionalexpertisenecessaryto provide the Servicesto City at a level of competencypresentlymaintainedby other practicing professionalconsultantsin theindustryproviding like andsimilar typesof Services ARTICLE 2 — SERVICES OF CONSULTANT
2 1 The Servicesthat Consultantshallperform aremore particularly describedin Exhibit " A," titled " Scope of Services," whichis attachedheretoandincorporatedhereinby reference

2. 2 Consultant shallcomply with applicablefederal, stateandlocal lawsandregulationsin the performance of this Agreement including, but not limited to, any applicable State prevailing wagelaws.

ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City designates Danielle Garcia, Management Services/Finance Director, as City' s representativewith respect toperformanceof the Services, andsuchpersonshallhavethe authorityto transmitinstructions, receiveinformation, interpretanddefineCity' spolicies anddecisionswith respectto performanceof the Services.

ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Consultant shall perform and complete the Servicesin a prompt and diligent manner in accordance with the schedule set forth in Exhibit " B," titled " Project Schedule," which is attachedhereto andincorporatedhereinby reference.

4.2 Theterm of this Agreementshallbefor aperiodof one (1) yearfrom theEffective Dateof this Agreement ( the " Initial Term") The City shall have the option to extend the Initial Term of this Agreementby four (4) additionalone-yearterms (each, an "ExtendedTerm"), onthe sametermsandconditions, by providingwritten noticeto Consultantat leastthirty 30) daysprior to theexpirationof theInitial Term orany ExtendedTerm 1 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn Regular Redlands Meeting of 07-05-2023
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4. 3 If Consultant's Servicesinclude deliverableelectronicvisualpresentationmaterials, such materialsshallbedeliveredin a form, and madeavailableto City, consistentwith City Council -adoptedpolicy for the same. It shall be the obligation of Consultant to obtain a copy of suchpolicy from City staff.

ARTICLE 5 — PAYMENTS TO CONSULTANT
5 1 The total annualcompensationfor Consultant'sperformanceof the Servicesshall be in the amountof onehundredsixty thousanddollars ($160,000) during the Initial Term, with four additional one-year extensionoptions ("Extended Terms") of onehundredthirty thousand dollars ($ 130,000) bringing the total compensationduring the Initial Term and four (4) Extension Terms to an amountof six hundred eighty thousanddollars ($680, 000) City shall pay Consultanton a time and materialsbasisup to the not to exceedamountin accordance with Exhibit " C," titled " Fee Schedule," which is attached hereto and incorporatedhereinby reference

5. 2 ConsultantshallsubmitmonthlyinvoicestoCity describingthe Servicesperformedduring the preceding month. Consultant's invoices shall include abrief description of the Services performed, thedatestheServiceswereperformed, thenumberof hoursspentandby whom, and a description of reimbursable expenses related to the Services. City shall pay Consultantno laterthanthirty (30) daysafterreceiptandapprovalby City of Consultant's invoice.

5. 3 Any notice or other communicationrequired, or which may be given, pursuantto this Agreement, shall be in writing. Any suchnotice shall be deemeddelivered (i) on the date of delivery in person, (ii) five (5) daysafterdepositin first classregisteredmail, with return receiptrequested, (iii) on the actualdelivery dateif depositedwith anovernight courier; or iv) on the datesentby facsimileor electronicmail transmission (includingPDF), if confirmed with a copy sent contemporaneouslyby first class, certified, registered or expressmail, in eachcaseproperlypostedandfully prepaidto the appropriateaddressset forth below, or suchother addressasa Party may provide notice in accordancewith this section.

CITY.

City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlandsorg
Phone. ( 909) 798- 7531
2 CONSULTANT.

Ronald Braatz, President
LiftOff, LLC
1667 Patrice Circle
Crofton, MD 21114
rbraatz@Liftoff, LLConllne com
Phone ( 410) 419- 1591
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ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coveragerequiredby this Agreementshall be maintainedby Consultantfor thedurationof its performanceof the ServicesConsultantshall notperform any Servicesunlessanduntil therequiredinsurancelisted belowis obtainedby Consultant.

Consultantshallprovide City with certificatesof insuranceandendorsementsevidencing suchinsuranceprior to commencementof the Services. Insurancepolicies shallincludea provision prohibiting cancellation or modification of the policy exceptupon thirty ( 30) daysprior written notice to City
A. Workers' CompensationandEmployer's Liability insurancein the amount thatmeets statutory requirementswith an insurancecarrier acceptable toCity, or certification to City that Consultant is self -insured or exemptfrom the workers' compensationlaws of the Stateof California. Consultant shall executeand provide City with Exhibit " D," titled " Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B ComprehensiveGeneral Liability insurancewith carriers acceptableto City in the minimum amount of One Million Dollars ($ 1,000,000) per occurrenceandTwo Million Dollars ($ 2,000,000) aggregate, for public liability, property damage andpersonal injury is required. City shallbenamedasanadditionalinsuredandsuchinsuranceshall beprimaryandnon-contributingto anyinsuranceor self-insurancemaintainedby City C Consultant shallsecure andmaintain professionalliability insurancethroughout the term of this Agreement in the amount of One Million Dollars ($ 1,000,000) per claim made
D Business Auto Liabihty coverage, with minimum hmits of One Million Dollars 1,000,000) peroccurrence, combinedsinglelimit bodily injury liability andproperty damageliability This coverageshall include all Consultant owned vehicles used in connection with Consultant' s provision of the Services, hired andnon -owned vehicles, and employeenon -ownershipvehicles City shall be namedas an additional insured and such insuranceshall be primary and non-contributing to any insuranceor self- insurancemaintainedby City
E Consultantis expresslyprohibitedfrom assigningor subcontracting anyof the Services without the prior written consent of City In the event of mutual agreementby the Parties to assignor subcontract a portion of the Services, Consultant shall add such assigneeor subcontractoras an additional insured to the insurancepolicies required herebyandprovide City with the insuranceendorsementsprior to any Servicesbeing performedby the assigneeor subcontractor

6.2 Consultantshalldefend, indemnify andhold harmlessCity andits electedand appointed officials, employeesand agentsfrom and againstany and all claims, lossesor liability, including attorneys' fees, arisingfrom injury or deathto personsor damageto property 3 L:\ ca\djm\Agreements\LiftOffAgreement. PS-1 1.FY21- 0066.docx.jn Regular Redlands Meeting of 07-05-2023
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occasionedby anynegligent act or omission by, or the willful misconductof, Consultant, or its officers, employeesand agentsin performing the Services ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Consultantcovenantsandrepresentsthatit doesnothaveanyinvestmentor interestin any real property that may be the subjectof this Agreementor any othersourceof income, interestin realpropertyor investmentthatwouldbe affectedin anymanneror degreeby the performance of Consultant's Services. Consultantfurther covenants andrepresentsthat in theperformanceof its dutieshereunder, no personhavinganysuchinterestshallperform any Services under this Agreement.

7. 2 Consultantagreesit is not a designated employeewithin the meaningof the Political Reform Act because Consultant:

A. Does not make a governmental decision whetherto
i) approvea rate, rule or regulation, or adoptor enforcea City law; ii) issue, deny, suspendor revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; iii) authorizeCity to enterinto, modify or renewacontract; iv) grant City approvalto a contractthat requires City approvalandto which City is aparty, or to the specificationsfor sucha contract; v) grantCity approval toaplan, design, report, study or similar item, vi) adopt, or grantCity approvalof, policies, standardsor guidelinesfor City or for any subdivision thereof.

B Does not servein a staff capacitywith City and in that capacity, participatein making agovernmentaldecisionor otherwiseperform thesameor substantiallythe samedutiesfor City thatwould otherwisebeperformedby anindividual holding a position specified in City' s Conflict of Interest Code under GovernmentCode section 87302

7. 3 In theeventCity determinesthat Consultantmustdiscloseits financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In theeventanyactionis commencedto enforceor interpretanyof thetermsor conditions of this Agreement the prevailing Party shall, in addition to any costsand other relief, be entitled to the recovery of its reasonableattorneys' fees, including feesfor the use of in- housecounselby a Party
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8.2 Consultantshallnot assignany of the Services, exceptwith theprior written approvalof City and in strict compliancewith the termsandconditionsof this Agreement. Any assignmentor attemptedassignmentwithout suchprior written consentmay, in the sole discretionof City, resultin City' simmediatetermination of this Agreement. 8 3 Consultant is for all purposesunder this Agreement an independentcontractor and shall performthe Servicesasan independentcontractorNeitherCity nor anyits agentsshall have control over the conduct of Consultant or Consultant' s employees, except as herein set forth. Consultant shall supply all necessarytools and instrumentalities required to performtheServices. AssignedpersonnelemployedbyConsultantareforitsaccountonly, and in no event shall Consultantor personnelretainedby it be deemedto have been employedby City or engagedby City for theaccountof, or onbehalfof City Consultant shall haveno authority, expressor implied, to act on behalfof City in any capacity whatsoeverasanagent, nor shallConsultanthaveanyauthority, expressor implied, to bind City to any obligation.
8 4 This Agreementmaybe terminatedby City, in its solediscretion, by providingnot less than five (5) daysprior written notice to Consultantof City' s intent to terminate. If this Agreement is terminated by City, an adjustmentto Consultant's compensationshall be made, but (1) no amountshall be allowed for anticipatedprofit or unperformedServices, and (2) anypaymentdueConsultantat thetimeof terminationmaybeadjusted totheextent of any additionalcoststo City occasionedby anydefaultby Consultant. Upon receiptof a terminationnotice, Consultantshallimmediatelydiscontinue itsprovisionof the Services and, within five ( 5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summariesandsuchotherinformationandmaterialsasmayhavebeenaccumulatedby Consultantin performingtheServices. Consultantshallbecompensated onapro-ratabasis for Servicescompletedup to the date of termination.

8. 5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documentsevidencingcostsandexpensesrelatedto the Servicesfor aperiodof three (3) years, orfor anylongerperiod requiredby law, from thedateof final paymentto Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examinationby City at the office of Consultant.
8 6 This Agreement, includingthe Exhibits incorporated hereinby reference, representsthe entire agreementandunderstandingbetween thePartiesasto the matterscontained herein, andanyprior negotiations, written proposalsor verbalagreementsrelatingto suchmatters are supersededby this Agreement. Except as otherwise provided for herein, any amendmentto thisAgreement shallbein writing, approvedby City andsignedby City and Consultant.
8 7 This Agreementshall be governedby and construedin accordancewith the laws of the Stateof California, without regardto its conflicts of lawsprovisions. ThePartiesagreethat all actionsor proceedingsarising in connectionwith this Agreementshall be tried and 5 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21- 0066.docxjn Regular Redlands Meeting of 07-05-2023
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litigated only m the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California
8 8 If one or more of the sentences, clauses, paragraphs or sectionscontained in this Agreement is declared invalid, void or unenforceableby a court of competentjurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herem, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement
IN WITNESS WHEREOF, duly authorizedrepresentativesof City and Consultant have signed m confirmation of this Agreement
Paul T Banch, Mayor
ATTEST.

Donaldson, City Clerk
6 LIFTOFF, LLC
Y
Ronald Braatz, President
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EXHIBIT " A"

SCOPE OF SERVICES
LIFTOFF, LLC will provide Office 365 Guided Deployment Services (GDS) focused on the migration to the Microsoft Office 365 solution. The GDS consultingis deliveredusing a Coach/ Mentor" approachin which your IT team will be heavily involved throughoutthe entireprocess andwill work directly with theLiftOff, LLC consultants. Together, we will work throughaseriesof webinarappointments (typically 1-2 hourseach) asweworkthroughproject milestonesto deploy the systemefficiently and successfully We havefound this approachof keepingyourIT teaminvestedin theprojectto be anextremelyeffectivetrainingmechanism, oncethe project is complete, your IT staff is fully capableof managingandmaintainingthe system in the future.

LiftOff, LLC' sexpertiseis laser focusedontheOffice 365systems. If you requireintegration with other third -party applications, youwill be responsiblefor working with your other vendors toremedy issues For example, phone systems, firewalls, fax systems, anti-spam, anti- virus, archiving, customcodeenvironments, andaccountingsystemscanintegratewith Office 365 We will do our bestto facilitate, but theseintegrationswill likely requirethat product vendor
TheOffice365solutionis quicldy evolving, andtheproduct roadmapchangesfrequently It is important to understand that somefeatures may be enhancedor modified during the project. The Microsoft TechNetarticles are the bestsourceof information today Specifically, LiftOff, LLC' s GDS work will.

1.1. Consist of an Office 365 Assessment Workshop where we will complete an analysis of the current email environment and ensure that requirements are captured, core functionality is reviewed, and details for the migration are discussed andreviewed. This planning sessionwill be conducted via phone and typically takes about two hours to complete Afterwards, we will map onthe remainderof theproject plan.

1.2. Consist of Setup and Pre -Staging in the Office 365Admin Consolewhere we will access your portal together and begin the initial configuration the new Office 365 tenant. This will include

1.2 1 Adding andverifying your emaildomainsin Office 365to showownership

1.2.2. Ensurethattheon -premisesActive Directory is organizedproperly for AzureAD Connect/Directory Sync (required for a hybrid migration)

1.2. 3 Install and configure Azure AD Connect to synchronize all mail - enabled objects users, contacts, and groups) from on - premisesActive Directory to Office 365/Azure. Typically, anew on -premises serverwill berequiredfor this purpose. 7 L:\ca\djm\ Agreements\LiftOffAgreement. PS-1 1.FY21- 0066.docx.jn Regular Redlands Meeting of 07-05-2023
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NOTE This doesNOT include the setup, configuration, or support of ADFS or other third -party authenticationsystems.

1.2. 4 Configureandtestsingle sign -onwith AzureAD Connect. A grouppolicy will be required for this feature.

1.2 5 Install, configure, and testsecureSMTP Relay goingthrough Office 365

1.3 This is an Exchange to Office 365 migration, and we intend to perform TWO DIFFERENT Microsoft HYBRID migrations. We will complete the first hybrid migration, and then repeat the entire process (minus Admin training) for the second phase of the project. This utilizes the built- in migration tools included with Office 365 at no additionalcost. Therearemanyadvantagesof usingthe hybrid migrationpathand we will make everyattemptto makethis work. In theextremelyrareeventthatthehybrid Microsoft) wizard cannot be used for email or Public Folders, we will switch to a third - party migration tool ( MigrationWiz) Client is responsible for the cost of the migration tool. Migration Configuration will includethefollowing:
1 3 1 Assessthe on - premisesExchangeenvironmentand adjustthe configuration, as needed, to optimize thehybrid process
The sourceExchangeserverMUST be fully accessibleandfully updatedfor this to work.
1 3. 2 Install and configure the Hybrid Configuration Wizard to establish the connection betweenthe on -premisessystemsand ExchangeOnline for both mailbox migrations and mtra- organizational mail flow

1.3. 3 Migrate theinitial batchof users. This is normally oneor moreIT userswho understandtheprocessandpotentialtroubleshootingthatmayberequiredpost migration.

1.3 4 Provide documentationfor endusersregarding "What to Expect" and also Mobile Device configuration for the point of cutover
NOTE In nearly everymigration, all mobile devices (phones andtablets) will needto havetheir mailprofile reconfiguredfollowing the mailbox cutover 1 3. 5 Defineamigrationstrategyfor theremainingusersand assistwith any migration complications that may arise.

1.3 6 Migrate public foldersfrom on - premises toExchangeOnline

1.3 7 Once all data is migrated, work with the Client to decommission the hybrid configurationand, if applicable, removethe on - premisesExchangeserver(s)

1.4. Office 365 IT Admin Training & Tenant Configuration. Thesetraining and configuration settings will span 6- 10 sessions.
1 4 1 Office 365 Admin Center
1 4 1 1.Review the properOn -boardingprocessfor new users. 14 1.2.ReviewtheproperOff -boardingprocessfor formeruserswhile maintaining compliance ( if needed)
1 4 1 3.Promoting anddemoting userswith administrative abilities in Office 365 1 4 1 4.Reviewingthe Office 365MessageCenter (for upcoming changes) andHealth Dashboard (for potentialproblems)
1 4. 2 Exchange Admin Center
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14.2 1.Reviewmanagementof emailrelated attributessuchasmailboxsharing, quotas, online archives, etc

14.2.2.Review proper group creation processin the cloud.

14.2.3 Setupmail flow rulesincluding inboundmessagewarnings, outbound message disclaimers and Office Message Encryption ( if applicable)

14.2 4 Setupmobile devicerules andpolicies andreview mobile deviceremote wipe. 1 4. 3 Exchange Online PowerShell
1 4 3 1 Setupmailbox activity auditing.
1 4 3.2 Setupunlimited auto -expandingonline archive (if applicable) 1 4 3. 3. Review resource mailbox management.
14 3 4.DisableMicrosoft365Groupcreationandreviewpropermethodsfor creating these groups.
1 4 4 Microsoft Teams Admin Center
14 4 1.Review bestpracticesfor creating & managing Teams. 14 4.2ConfigureoptimizedTeamssettingsfor all users, groups, and Teams themselves.
1 4. 5 SharePoint Admin Center
1 4 5 1 Configure bestpractices for sharingof files andfolders in SharePoint, Teams and OneDrive
1 4 5. 2 Configure Sync settings for the organization.
1 4. 5 3 Configure default OneDrive size
1 4 6 Review Teams, OneDrive, Office Online & SharePoint 14 6 1.Reviewthe Teamsappandwebsite
1 4 6. 2. Review OneDrive & SharePointOnlineandbestpracticesfor ingestingfiles 14 6.3.Review the OneDrive SyncClient andbestpracticesfor usingit.

1.5. Review Office Online andbestoptionsfor usingOffice appsin abrowser Securing Your Office 365 & Azure Organization. We will work with yourIT staff to ensurethat all security and compliancebestpracticesarein placeby the conclusion of the project.
1 5 1 Security Admin Center
1 5 1 1Configureappropriateanti-spam, anti-malware, andanti-phishingsettings 1 5 1.2.Configure outgoing messagemanagementincluding protection of unwanted external forwarding.
1 5 1.3 Configure DKIM, DMARC and SPF
1 5 1 4. Review Secure Score
1 5. 2 Compliance Admin Center

15.2.1Configureonlinecomplianceretentionpolicies (if applicable) 1 5.2.2.Review eDiscovery/Content Searchprocess.
1 5.2.3.Review theAudit Log andenableAuditing for (non -mailbox) activity in Office 365
1 5. 3 Azure Active Directory Security & Multi - Factor Authentication

1.5 3 1.ReviewRisky Sign -ins, Risky Users andRisk Detections 1 5.3.2 Configure Risk Event Notifications for Admins
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1.5.3 3 ConfigureConditionalAccessPoliciestopreventnon -US login ( if applicable), require MFA for Admins ( or All Users, if applicable) and block Legacy Authentication.
1 5 3 4. Review Sign - In Logs.
1 5. 3 5 Optimize MFA Settings for the organization.

1.5 4 Review bestpracticesfor rolling out MFA ( if applicable) 1 5. 5 This project will NOT include Microsoft' s Endpoint Management or Intune Products.

1.6. Workstation Configuration. LiftOff, LLC will offer guidanceandtools for the workstation configuration.
1 6 1 LiftOff, LLC will work with theIT staffto setupanOfficeDeploymentpoint on the network either as anetwork shareusing Microsoft' s Office Deployment Tool or, if available, via System Center Configuration Manager ( SCCM). 1 6. 2 Review proper configuration of the Outlook desktop client at the point of mailbox cutover Cached Mode in desktop Outlook is required for Office 365 connectivity
NOTE Although LiftOff, LLC will provide guidanceregardingworkstation configurationandassistwith troubleshooting, LiftOff, LLC will NOTbedirectly responsible for the configuration of the workstations Your IT staff is onsite and will complete this configuration.
1 7 PostMailbox Migration. LiftOff, LLC will work with yourIT staffto determinethe bestsolution for decommissioningthe Exchangehybrid pieces 1 7 1 If applicable, work withtheClient to removethehybrid connectionpieces and shutoff/removethe Exchangesystemsfrom theon -premisesenvironment. 1 7. 2 Alternatively, if desired, LiftOff, LLC canassistyour organizationwith retaining an Exchange managementserver NOTE This is extremely uncommon andrequirescontinuousadministration, updatingandupgradingto avoidknown securityissueswith on -premisesExchange.
1 7 3 UpdateDNSsettingsfacingtheInternetandon -premisesin ActiveDirectory, as needed, to point all mailbox connectivity andmail flow ( if needed) to Office 365/ Exchange Online.

1.8. Additional Microsoft Products. This project doesnot include Microsoft productsthat aren't listedin this Statementof Work. For example, this projectwill not includeADFS, SharePoint website design, PowerBl, Microsoft Flow, Microsoft Project, or add-ons for Teams, Outlook, or Microsoft Office. AlthoughLiftOff, LLC maybeableto assistwith variousquestionsrelatedto productsnot mentionedin this Statementof Work, yourbest source of assistance would be directly through Microsoft' s support.

2. Investment & Payment Structure
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2. 1. The cost of the services outlined in Section 1 above is $ 30, 000. This is the client cost and hasalready factoredin any incentivesor promotions. The discountedconsulting price requires the Client to purchaseAOS-G annual licensing through LIFTOFF, LLC for a period of three years. The AOS-G licensing includes a "price -lock" protection for three years. This pricing is valid for 30 dayspast thedateidentified in section3 1 Invoicing is done after the Assessment Process ( 1 1) and terms are Net 30

2.2. Theclient acknowledgesthatthe Office 365Microsoft Partner, LiftOff, LLC LLC, may receive paymentsfrom Microsoft as aresultof the consultingdonewith LIFTOFF, LLC

2.3. Migration Wiz Premium multi -passlicensesmay be recommendedfor the project. If Client agreesto useMigration Wiz, Client will beresponsiblefor purchasinglicensesfor all users. Migration Wiz licensesaretypically $ 15per mailbox. All migration licenses arepurchaseddirectly through LIFTOFF, LLC
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EXHIBIT " B"

PROJECT SCHEDULE
Task Duration
Kickoff / Assessment 1 Day
Setup new government tenant, add domains, setup Azure AD Connect and setup the hybrid connector 2 Days
Setup Office Deployment Tool & SMTP Relay Solution 1 Day IT Admin Training & Configuration Office Admin Center & Exchange Admin Center 1 Day
Office Admin Center & Exchange Admin Center 1 Day
Office 365 PowerShell 1 Day
Office 365 Security & Compliance 1 Day
Teams, SharePoint, OneDrive and Office Online 2 Days
MFA & Azure AD Premium Security 1 Day
Migrate IT Mailbox( es) 1 Day
Migrate The Rest Of The Mailboxes 2 Days
Migrate Public Folders to 365 1 Day
Hybrid wrap- up 1 Day
Change Autodiscover to point to 0365
1 Day
Remove on -premises Autodiscover Internal URI (SCP)
Change Mail Flow To Exchange Online
Review/ Setup DMARC, DKIM and SPF
Finalize The Migration & Remove Exchange On - Premises
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EXHIBIT " C"

FEE SCHEDULE
G SKU Item Name
Part
Number Term in Months
Price / User /
Month Licenses Cost / Year
LiftOff, LLC
Professional Services
One Time Fee -
Initial Year 30, 000
Office 365 Plan G3 AAA- 11894 12 20 00 420 100,800. 00
Exchange Online Plan
2 3NS- 00003 12 8. 00 164 15, 744 00
Defender Plan 1 GCC 3GU- 00001 12 2. 00 552 13, 248. 00 Azure AD Premium 2
M QN-
00001 12 8. 50 2 204. 00
First Year
Total
Years 2- 5
Total
159,996. 00
129, 996. 00
ThisFeeScheduleis anillustrationof potentialannualMicrosoft Office365LicensingCosts The numberswill fluctuateasCity staffinglevelsincreaseordecrease, but will likely bemuch lower annually
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EXHIBIT " D"

WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, exceptthe State, shall securethe payment of compensation mone or more of the following ways
a) By bemginsuredagainstliability to paycompensationby oneormoreinsurersduly authorized to write compensation msurance in this State b) By securing from the Director of Industrial Relations, a certificate of consent to self-msure, either as an individual employer, or as one employerm a group of employers, which maybe givenuponfurnishingproof satisfactoryto the Director of Industrial Relationsof ability to self-msureand to pay any compensation that may becomedue to his or her employees

CHECK ONE
I am awareof the provisions of Section3700 of the Labor Code which requires every employer to be insured againstliability for Workers' Compensationor to undertakeself-msurance m accordancewith 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 personin any mannersuchthat I becomesubject tothe workers' compensationlaws of Cahforma However, at anytime, if I employ any person suchthat I become subjectto theworkers' compensationlaws of California, immediatelyI shallprovidethe 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 Stateof California that the information and representations made in this certificate are true and correct

LIFTOFF, LLC
By
Ronald Braatz, President
14 Date /- 26' 47Z
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I:\cmo\Agreements\First Amendment Liftoff, LLC FY22-0195.docx-jm

FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This first amendment (“First Amendment”) to the agreement for professional software licensing and consulting services (“Agreement”), dated February 1, 2022, by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Liftoff, LLC (“Consultant”), is made and entered into this 5th day of July 2023.

RECITALS

WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically with regard to the performance of services and compensation schedule;

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

AGREEMENT

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

The total annual compensation for Consultant's performance of the Services shall be in the amount of sixty-five thousand dollars ($65,000) during the Initial Term, with four additional one-year extension options ("Extended Terms"). Compensation for the first one-year Extension Term shall be in the amount of two hundred twenty-five thousand dollars ($ 225,000).

Compensation for each subsequent one -year Extension Term shall be in the amount of one hundred and thirty thousand dollars ($130,000) bringing the total compensation during the Initial Term and four (4) Extension Terms to an amount of six hundred eighty thousand dollars ($680,000) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit " C," titled " Fee Schedule," which is attached hereto an d incorporated herein by reference.

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 July 5, 2023.

CITY OF REDLANDS LIFTOFF, LLC

________________________________ By: ________________________________ Eddie Tejeda, Mayor Ronald Braatz, President

ATTEST:

___________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting J. 12.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8494 establishing an Appropriations Limit for Fiscal Year 2023-2024 (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to approve Resolution No. 8494.

RECOMMENDATION:

Staff recommends City Council approve Resolution No. 8494 establishing a $158,949,814 appropriations limit for Fiscal Year 2023-2024 pursuant to Article XIII B of the California Constitution.

DISCUSSION:

In November 1979, California voters approved Proposition 4, which places limits on the amount of revenue to be spent by all entities of government. Each year, generally upon submittal of the adopted budget, the City Council must adopt an appropriations limit, commonly referred to as a “Gann Limit” or “Prop. 4 Limit”.

The passage of Proposition 111 in June 1990 included some clean-up legislation for Proposition 4 limits, making the appropriations limit more responsive to local growth issues and called for specific factors to be included in annual recalculations of the 1990-91 limit.

Each year the City of Redlands has consistently maintained an exceedingly wide and comfortable margin between its appropriations limit and its proceeds of taxes subject to the limit. This is attributed to annual increases in the limit, based upon California Per Capita Income, and the greater of the County’s or City’s population growth, both of which are combined for a growth factor that Regular Redlands Meeting of 07-05-2023
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City’s population growth, both of which are combined for a growth factor that is in significant excess of the increases in proceeds of taxes received each year.

ALTERNATIVES:

None. This is a State constitutional requirement.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Danielle Garcia, Management Services / Finance Director RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Fiscal Impact
Fiscal Year: 2023-24
Discussion:

None. Approval of the resolution, however, establishes a legal limit on the amount of tax proceeds that can be appropriated in Fiscal Year 2023-24. The difference between the City's Appropriations limit of roughly $159 million and the budgeted proceeds of taxes for FY 2023-24, which are roughly $97.6 million, is approximately $61 million. The City is thus $62 million dollars below its Appropriations, or "GANN", limit.

Attachments
Resolution No. 8494 Appropriations Limit (GANN 2023-2024) Appropriation Limit Calculation FY 2023-24 (GANN)
Schedule of Appropriations Subject to Limit FY 23-24 (GANN) Regular Redlands Meeting of 07-05-2023
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1 I:\cmo\Resolutions\8494_Appropriations_Limit_(GANN_2023-24).doc-jm

RESOLUTION NO. 8494

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023-2024

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION

WHEREAS, Article XIIIB of the California Constitutio n provides that the total appropriations subject to limitation of each governmental entity, including this city, shall not exceed the appropriation limit of such entity of government for the prior year adjusted for changes in the cost of living or personal income and population, except as otherwise provided for in said Article XIIIB and implementing State statutes; and

WHEREAS, pursuant to said Article XIIIB of the California Constitution and Section 7900 et seq. of the California Government Code, the City is required to set an appropriation limit for each fiscal year; and

WHEREAS, the Management Services / Finance Director of the City of Redlands has interpreted the technical provisions of said Article XIIIB computations and has caused a technical review to be made of the documentation for the City's said appropriation limitation, utilizing the population growth factor for the County which is higher than that of the City, and has caused the numbers upon which the City's appropriation limit was and is bas ed to be calculated; and

WHEREAS, the City Council chooses to adjust the City’s Appropriations Limit by calculating inflation using the California per capita personal income growth; and

WHEREAS, based on such calculation, the Management Services / Finance Director has determined the said appropriation limit and, pursuant to Section 7910 of the California Government Code, has made available to the public the documentation used in the determination of said appropriation limit 15 days in advance of consideration of the adoption of this resolution;

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Redlands, California, that said appropriation limit for the Fiscal Year 2023-24 shall be and is hereby set in the amount of $158,949,814.

ADOPTED, SIGNED AND APPROVED this 5th day of July, 2023.

Eddie Tejeda, Mayor

ATTEST:

City Clerk
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2 I:\cmo\Resolutions\8494_Appropriations_Limit_(GANN_2023-24).doc-jm

I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th of July, 2023 by the following vote:

AYES:

NOES:

ABSENT:

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City of Redlands
Annual Appropriations (Gann) Limit Calculation
Greater of
Per Capita County/City CPI Population
Fiscal Personal Population Converted Change Growth Prior Year New Year Year Income Growth to Ratio Ratio Factor Limit Limit
1999-00 4.53% 0.63% 1.0453 1.0063 1.0519 48,823,906 51,357,867 2000-01 4.91% 1.04% 1.0491 1.0104 1.0600 51,357,867 54,439,885 2001-02 7.82% 1.89% 1.0782 1.0189 1.0986 54,439,885 59,806,459 2002-03 -1.27% 2.38% 0.9873 1.0238 1.0108 59,806,459 60,452,234 2003-04 2.31% 2.59% 1.0231 1.0259 1.0496 60,452,234 63,450,561 2004-05 3.28% 2.51% 1.0328 1.0251 1.0587 63,450,561 67,176,586 2005-06 5.26% 2.49% 1.0526 1.0249 1.0788 67,176,586 72,470,755 2006-07 3.96% 2.10% 1.0396 1.0210 1.0614 72,470,755 76,922,750 2007-08 4.42% 1.86% 1.0442 1.0186 1.0636 76,922,750 81,816,738 2008-09 4.29% 1.45% 1.0429 1.0145 1.0580 81,816,738 86,563,913 2009-10 0.62% 0.79% 1.0062 1.0079 1.0141 86,563,913 87,788,704 2010-11 -2.54% 0.85% 0.9746 1.0085 0.9829 87,788,704 86,286,122 2011-12 2.51% 1.05% 1.0251 1.0105 1.0359 86,286,122 89,380,648 2012-13 3.77% 0.86% 1.0377 1.0086 1.0466 89,380,648 93,547,951 2013-14 5.12% 0.85% 1.0512 1.0085 1.0601 93,547,951 99,173,476 2014-15 -0.23% 0.78% 0.9977 1.0078 1.0055 99,173,476 99,717,151 2015-16 3.82% 1.09% 1.0382 1.0109 1.0495 99,717,151 104,654,783 2016-17 5.37% 0.93% 1.0537 1.0093 1.0635 104,654,783 111,300,300 2017-18 3.69% 1.16% 1.0369 1.0116 1.0489 111,300,300 116,746,006 2018-19 3.67% 0.95% 1.0367 1.0095 1.0465 116,746,006 122,180,375 2019-20 3.85% 0.90% 1.0385 1.0090 1.0478 122,180,375 128,026,278 2020-21 3.73% 0.51% 1.0373 1.0051 1.0426 128,026,278 133,478,947 2021-22 5.73% -0.01% 1.0573 0.9999 1.0572 133,478,947 141,113,178 2022-23 7.55% 0.14% 1.0755 1.0014 1.0770 141,113,178 151,979,697 2023-24 4.44% 0.12% 1.0444 1.0014 1.0459 151,979,697 158,949,814 Regular Redlands Meeting of 07-05-2023
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City of Redlands
APPROPRIATIONS SUBJECT TO THE GANN (PROP 4) LIMIT
FOR FISCAL YEAR 2023-24
Proceeds Non-Proceeds
Revenue Source from Taxes from Taxes Total
General Fund:

Property Tax 37,376,555 $ 37,376,555 $
Sales Tax 45,299,822 45,299,822
Public Safety Sales Tax 1,447,680 1,447,680
Transient Occupancy Tax 1,609,000 1,609,000
Mining Tax 360,000 360,000
Franchise Fees 2,567,833 $ 2,567,833
Business Licenses 4,900,000 4,900,000
Property Transfer Tax 571,000 571,000
Other Licenses 54,600 54,600
Building Permit Fees 3,439,239 3,439,239
City Ordinance Violation 7,000 7,000
Motor Vehicle Fees 65,000 65,000
State and Federal 40,000 40,000
City Attorney Fees 90,000 90,000
Engineering Services 1,090,000 1,090,000
Facilities & Community Svcs. 1,184,869 1,184,869 Fire Services 793,400 793,400
Recreation & Senior Scvs. 386,015 386,015
Library Services 27,890 27,890
Police 522,982 522,982
Animal Control 214,595 214,595
Interfund Charges 4,379,383 4,379,383
Donations/Contributions - -
Other Revenue 2,117,754 2,117,754
Sub-Total 91,564,057 $ 16,980,560 $ 108,544,617 $ Percent of Total 84.36% 15.64% 100.00%
Allocation of Investment Income 168,712 31,288 200,000 Sub-Total 91,732,769 $ 17,011,848 $ 108,744,617 $ Other Applicable Funds:

General Govt. Grants 5,900,000
Sub-Total 5,900,000 $
Total Appropriations
Subject to Limit 97,632,769 $
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City Council/Successor Agency Meeting J. 13.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize the annual payment to San Bernardino County Sheriff's Department (Cal-ID/Identix) in the amount of $85,650 for Redlands Police Department's Fingerprint Identification Services (Management Services/Finance Director Garcia)
MOTION(S):

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

I move that the City Council authorize the annual payment to San Bernardino County Sheriff's Department (Cal-ID/Identix) in the amount of $85,650 for Redlands Police Department's Fingerprint Identification Services.

RECOMMENDATION:

Staff recommends that the City Council authorize the annual payment to San Bernardino County Sheriff's Department (Cal-ID/Identix) in the amount of $85,650 for Redlands Police Department's Fingerprint Identification Services.

DISCUSSION:

Cal-ID/Identix is a sole source vendor that provides fingerprint identification services for law enforcement agencies in San Bernardino County. Cal-ID/Identix is responsible for monitoring and processing all fingerprints submitted by law enforcement agencies in San Bernardino County. The San Bernardino County Sheriff's Department is the authorized administrator of these services. Once the local fingerprinting process is complete, the records are electronically sent to the California Department of Justice (DOJ). The DOJ then enters them into a national database. This is the only system in place for monitoring, processing, and maintaining fingerprints.

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The invoice amount is based on a flat rate of $1.18 per capita at a population estimate of 72,585, for a total of $85,560. There is no increase in the per capita rate from the previous fiscal year and only a slight increase in the estimated population compared to the previous year.

ALTERNATIVES:

Not applicable.

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
Dana Abramovitz-Daniel, Procurement Manager
Fiscal Impact
Fiscal Year: FY2024
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $85,560.30
Budgeted Y/N: Y
Discussion:

There is no impact to the General Fund. Funding for this expense is included in the Fiscal Year 2023-2024 IT budget. Any subsequent increase in fees will be planned for during future budget preparations in the IT fund.

Attachments
FY 2023-24 Cal ID Renewal Invoice
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City Council/Successor Agency Meeting J. 14.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8492 Authorizing the Investment of City Monies in the Local Agency Investment Fund and Rescinding Resolution No. 8278 (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to adopt Resolution No. 8492.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 8492.

DISCUSSION:

Due to appointing a new City Treasurer it is necessary to issue a new resolution and an updated authorized signers list with Local Agency Investment Fund to allow access to accounts held in the City's name.

Resolution No. 8492 rescinds Resolution No. 8278 and authorizes the following individuals as signers on all accounts with the Local Agency Investment Fund:

Phillip Doolittle, City Treasurer
Danielle Garcia, Management Services/Finance Director
James Garland, Assistant Finance Director
Aimee Hoover, Revenue Supervisor
ALTERNATIVES:

Do not adopt Resolution No. 8492.

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STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

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

Aimee Hoover, Revenue Supervisor
Fiscal Impact
Fiscal Year: FY 2024
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:

There is no fiscal impact associated with this Resolution.

Attachments
Resolution No. 8492 LAIF authorized Signatures
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1 I:\cmo\Resolutions\8492_LAIF__Authorized_Signatures_2023.docx-jm RESOLUTION NO. 8492

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND RESCINDING RESOLUTION NO. 8278

WHEREAS, the Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and

WHEREAS, the City Council of the City of Redlands finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Gov ernment Code section 16429.1 et seq. for the purpose of investment as provided therein is in the best interests of the City;

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

Section 1. The City Council hereby authorizes t he deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury , in accordance with Government Code section 16429.1 et seq. for the purpose of investment as provided therein.

Section 2. The following City of Redlands officers holding the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Phillip Doolittle, City Treasurer _____________________________________ Signature

Danielle Garcia, _____________________________________ Management Services/Finance Director Signature

James Garland, Assistant Finance Director _____________________________________ Signature

Aimee Hoover, Revenue Supervisor _____________________________________ Signature

Section 3. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

Section 4. That Resolution No. 8278 is hereby rescinded.

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ADOPTED, SIGNED AND APPROVED this 5th day of July, 2023

______________________________
Eddie Tejeda, Mayor

ATTEST:

______________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Resolutions\8492_LAIF__Authorized_Signatures_2023.docx-jm I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of July, 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

______________________________
Jeanne Donaldson, City Clerk

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City Council/Successor Agency Meeting J. 15.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8493 updating the Authorized Signers on All Accounts Held with U.S. Bank, N.A. and Rescinding Resolution No. 8279 (Management Service/Finance Director Garcia)
MOTION(S):

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

I move to adopt Resolution No. 8493.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 8493 to update the authorized signers on all accounts held with U.S. Bank, N.A. and to rescind Resolution No. 8279.

DISCUSSION:

Due to the U.S. Bank acquisition of Union Bank, N.A., the City bank accounts are now held in U.S. Bank, N.A. effective May 30, 2023. A resolution designating City officials and staff as authorized signers on all City accounts, warrants, checks or orders is required as part of the ongoing banking operations.

Resolution No. 8493 authorizes the following individuals as signers on all accounts, warrants, checks or orders with U.S. Bank, N.A.:

Phillilp Doolittle, City Treasurer
Danielle Garcia, Management Services/Finance Director
James Garland, Assistant Finance Director
Aimee Hoover, Revenue Supervisor
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ALTERNATIVES:

Do not adopt Resolution No. 8493.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

Yvette Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Phillip Doolittle, City Treasurer
PREPARED BY:

Aimee Hoover, Revenue Supervisor
Fiscal Impact
Fiscal Year: FY 2024
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:

There is no fiscal impact associated with this Resolution.

Attachments
Resolution No. 8493 For U.S. Bank Authorized Signatures Regular Redlands Meeting of 07-05-2023
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1 I:\cmo\Resolutions\8493_U.S._Bank_Authorized_Signatures_2023.docx-jm RESOLUTION NO. 8493

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

PROVIDING FOR AUTHORIZED SIGNERS ON ALL ACCOUNTS HELD WITH U.S. BANK, N.A. AND RESCINDING RESOLUTION NO. 8279

WHEREAS, U.S. Bank, N.A. is the authorized depository of City funds; and WHEREAS, U.S. Bank, N.A. requires a resolution by the City Council of the City of Redlands authorizing designated account signers.

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

Section 1. The following City Officers and staff shall be the authorized signers on all City accounts, warrants, checks or orders with U.S. Bank, N.A.:

• Phillip Doolittle, City Treasurer
• Danielle Garcia, Management Services/Finance Director • James Garland, Assistant Finance Director
• Aimee Hoover, Revenue Supervisor

Section 2. That Resolution No. 8279 is hereby rescinded.

ADOPTED, SIGNED AND APPROVED this 5th day of July, 2023.

Eddie Tejeda, Mayor

ATTEST:

Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\8493_U.S._Bank_Authorized_Signatures_2023.docx-jm I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of July, 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

______________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Resolutions\8493_U.S._Bank_Authorized_Signatures_2023.docx-jm

CITY OF REDLANDS

AUTHORIZED SIGNORS

July 5, 2023

Name:

XXXXXXXXXX
Title:

City Treasurer
Phone: (909) 798-7591
e-mail: XXXXXXXXXX

Name:

Danielle Garcia
Title:

Management Services/Finance Director
Phone: (909) 798-7507
e-mail: [email protected]

Name:

James Garland
Title:

Assistant Finance Director
Phone: (909) 335-4776
e-mail: [email protected]

Name:

Aimee Hoover
Title:

Revenue Supervisor
Phone: (909) 798-7596
e-mail: [email protected]
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City Council/Successor Agency Meeting K. 1.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to the adoption of Resolution No. 8505 denouncing intolerance and encouraging respect, inclusivity, compassion and hospitality (Council Member Saucedo)
MOTION:

If the City Council wish to adopt Resolution No. 8505, the following motion is provided:

I move to adopt Resolution No. 8505.

DISCUSSION:

At the request of Council Member Saucedo, this item has been added to the agenda to allow City Council discussion relating to the adoption of Resolution No. 8505 which seeks to denounce intolerance and encourage respect, inclusivity, compassion and hospitality.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Yvette M. Abich Garcia, City Attorney
Attachments
Resolution No. 8505
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1 I:\cmo\Resolutions\8505 Reso Denouncing Intolerance.docx-jm RESOLUTION NO. 8505

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DENOUNCING INTOLERANCE AND ENCOURAGING RESPECT,

INCLUSIVITY, COMPASSION AND HOSPITALITY

WHEREAS, the City of Redlands has a diverse community and welcomes people of many backgrounds in the belief that a varied population leads to a more vibrant community through inclusion, justice, and love; and

WHEREAS, all people are created equal and there is no room for any form of intolerance in our society; and

WHEREAS, the City of Redlands
also acknowledges the challenges marginalized members of our society have historically faced and continue to face; and

WHEREAS, the City of Redlands asserts that all people deserve respect, are valuable contributors to our society, and that residents should never have to fear for their safety due to a difference of opinion or lifestyle as it is contrary to the principles, foundations, and values of our nation; and

WHEREAS, city leaders acknowledge that Redlands stands for generosity, community, diversity, and respects the rights of all to live in peace, equality, and liberty.

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

Section 1. Denounces acts of hate, intolerance, and bigotry in all its forms.

Section 2. C alls upon Redlands residents to join in demonstrating respect, inclusivity, compassion, and hospitality to friends and strangers alike.

ADOPTED, SIGNED AND APPROVED this 5
TH day of July 2023.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

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2 I:\cmo\Resolutions\8505 Reso Denouncing Intolerance.docx-jm I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting L. 1.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. (Assistant City Manager McConnell)
MOTION(S):

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

I move to approve the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.

RECOMMENDATION:

To approve the Amended and Restated Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.

DISCUSSION:

Charles M. Duggan, Jr. has dutifully served as the City Manager since January 2020. The current Employment Agreement with the City Manager expires on January 31, 2026. The City Council wishes to amend the City Manager’s contract prior to its expiration. It is proposed that the City Council approve an Amended and Restated Employment Agreement, which proposes the following terms.

Ability to bank hours for Fridays worked when City Hall is closed, and hours for Holidays worked, for up to four months.

1. Base salary increases in accordance with the following schedule:

Effective the first payroll period following July 1, 2023, Employee will receive a seven percent (7%) increase to his Salary.
a.

Effective the first payroll period following July 1, 2024, Employee will receive a two percent (2%) increase to his Salary over the prior year. b.

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Effective the first payroll period following July 1, 2025, Employee will receive a two percent (2%) increase to his Salary over the prior year. c.

Annual Leave Accrual Rate increase from 14.07 hours to 16.54 hours pro rata per pay period.

3. Two additional holidays (Cesar Chavez Day and Juneteenth) for a total of fourteen holidays per calendar year.

4. City contribution of $397 per month towards medical premium for medical coverage through CalPERS upon retirement from the City and CalPERS.

5. Tuition Reimbursement up to $2500 per year.6.

Other terms as set forth in the current contract remain unchanged.

7. This report complies with Government Code Section 54953(c)(3).

ALTERNATIVES:

The City Council may elect not to approve the Agreement and provide alternative direction to staff.

STRATEGIC PLAN:

N/A.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

Mayor Eddie Tejeda and Mayor Pro Tem Paul T. Barich
REVIEWED BY:

Charles M. Duggan, Jr.

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

Janice McConnell
Fiscal Impact
Fiscal Year: FY2024-26
Revenue Generating: No
Appropriation Required Y/N: No
Budgeted Y/N: Various
Discussion:

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Summary of Financial Impact:

FY2024 FY2025 FY2026 3-Year Total
General Fund $25,202 $32,240 $39,419 $96,861
Other Funds $4,103 $5,248 $6,417 $15,768
Total $29,305 $37,488 $45,836 $112,629
Notes:

The Fiscal Impact above relates specifically to the City Manager's contract.1.

These amounts include base salary increases and other incentives.2.

Calculations include fully burdened staff costs such as base salary, pension cost, and other employer-paid benefits.

3. Staff will incorporate the financial impact above in the 2023-2024 mid-biennium review process. During this review, staff will be updating revenue and expenditure projections accordingly. Additional appropriations will also be made, if warranted, and taken to the City Council for consideration.

Attachments
Amended and Restated City Manager Employment Agreement
Amended and Restated City Manager Employment Agreement - Redlined Regular Redlands Meeting of 07-05-2023
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1 CITY OF REDLANDS

AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT

This Amended and Restated City Manager Employment Agreement (this “Agreement”) is made and entered into the 5th day of July, 2023 (“Effective Date”) by and between the City of Redlands, a general law city and municipal corporation (“City”) and Charles M. Duggan, Jr., an individual (“Employee”). For purposes of this Agreement, City and Employee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS

WHEREAS, Employee has dutifully served as City Manager since January 2020; and

WHEREAS, it is the desire of City to continue to retain the services of Employee as City Manager and the desire of the Employee to serve in that capacity; and

WHEREAS, Government Code section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and

WHEREAS, the duties of the city manager of the City are set forth in full in Chapter 2.04 of the Redlands Municipal Code (”RMC”); and

WHEREAS, RMC section 2. 04.010 states: “The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council;” and

WHEREAS, it is the desire of City to: (1) provide inducement for Employee to remain in City’s employment; (2) make possible full work productivity by providing Em ployee with assurances regarding his employment; and (3) provide an equitable process for terminating Employee’s services if that should occur; and

WHEREAS, the City Council of the City of Redlands (“City Council”) has determined that Employee has the required executive and administrative qualifications and ability, along with the level of education, experience, skills and expertise to serve as the City Manager of the City; and

WHEREAS, it is the desire of the City Council to amend and restate the terms and conditions of the Agreement.

NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows:

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2 AGREEMENT

1. Employment and Duties

1.1 Duties. The City Council hereby appoints Employee as the City Manager for the City to perform the functions and duties of that position, as described in the California Government Code and Chapter 2.04 of the Redlands Municipal Code (as such Chapter may be amended from time to time in the sole discretion of the City Council without any amendment of this Agreement or Employee’s acquiescence), and such other legally permissible and proper duties and functions as the City Council shall, from time to time, direct or as sign to Employee. Employee agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.

1.2 Term. The City hereby employs Employee as City Manager on an at-will basis remaining in effect until January 31, 2026.

1.3 Work Schedule. Employee will report to the entire City Council. It is recognized that Employe e is expected to engage in the hours of work that are necessary to fulfill the obligations of the position of City Manager, must be available at all times and devote significant time outside of “normal” City office hours to the business of the City. Employee acknowledges that proper performance of the duties of the City Manager will require Employee to generally observe normal bus iness hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in accordance with City’s “9/80” work schedule), as set by the City and as may be duly revised from time-to-time by the City, and will also often require the performance of necessary services outside of normal business hours. Employee may bank Fridays, worked while City Hall is “9/80” closed, for up to four months. Employee is pre-authorized to work remotely , for periods of time not exceeding two-weeks, four times each year. Employee’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City Manager position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Employee shall not be entitled to any compensation for overtime , nor subject to such overtime provisions of the FLSA.

1.4 Other Activities. Employee shall focus his professional time, ability, and attention to the City’s business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature, to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory perform ance of the functions and duties of the City Manager.

1.5 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he shall continue to be an “at -will” employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre- disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.2 below.

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3 1.6 Exemption from Personnel System. Redlands Municipal Code section 2.56.030 expressly exempts the “ City Manager” position from the City’s Personnel System established in Redlands Municipal Code Chapter 2.56. Employee understands, acknowledges and agrees that Employee is exempt from the City’s Personnel System.

1.7 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of Employee’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to and comply with the International City /County Management Association (“ICMA”) Code of Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City Council agree that the City Council will not require that Employee violate the ICMA Code of Ethics as part of his employment with the City.

2. Compensation and Reimbursement

2.1 Current Base Salary. Employee shall receive Two Hundred Eighty Thousand Dollars ($280,000) as his annual base salary (“Salary”) for the City Manager position. Employee’s Salary shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid, and shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.

a. Effective the first payroll period following July 1, 2023, Employee will receive a seven percent (7%) increase to his Salary.
b. Effective the first payroll period following July 1, 2024, Employee will receive a two percent (2%) increase to his Salary over the prior year. c. Effective the first payroll period following July 1, 2023, Employee will receive a two percent (2%) increase to his Salary over the prior year.

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4 2.2 Salary Adjustment. Following the annual performance evaluation set forth in Section 5.2 hereof, the City Council may increase Employee’s base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 are not automatic and instead shall be at the sole discretion of the City Council.

2.3 Incentive Bonus. Annually, beginning in August 2023, Employee may be eligible for a lump -sum incentive bonus, at the sole discretion of the City Council, for performance substantially above expectations. The City Council will establish criteria as the basis for any bonus that may be awarded and such criteria will be delivered in writing to Employee before December 31 of each year. Employee and City agree that the City Council is not obligated to grant an incentive bonus and that no assurances have been given to Employee that any incentive bonus will be granted during the term of this Agreement.

2.4 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary travel, subsistence, and other City-related business expenses incurred by Employee in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the City’s adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable.

3. Termination

3.1 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City with at least thirty (30) days prior written notice. In the event Employee terminates this Agreement, Employee expressly agrees that Employee shall not be entitled to any severance pay.

3.2 Termination by the City. The City may terminate this Agreement at any time, with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or without cause, by providing written notice to Employee of the same. The City’s right to terminate Employee pursuant to this Section 3.2 shall not be subject to, or in any way limited by, the City’s Personnel Rules and Regulations, or any subsequent related resolutions, or past City practices related to the employment, discipline or termination of the City’s employees.

Employee expressly waives any rights provided for the City Manager under the City’s Personnel Rules and Regulations, Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager.

(a) Termination by the City for Cause. The City may terminate this Agreement at any time by providing Employee with prior written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including, but not be limited to, any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2) résumé fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave, (4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, Regular Redlands Meeting of 07-05-2023
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5 honesty, or morality) or abuse of position as City Manager, (5) conviction of a felony under California law, (6) violation by Employee of the City’s anti -harassment policies, as may be amended, or a finding a legally prohibite d personal act of harassment against a City official or employee or legally prohibited personal act of discrimination against a City official or employee has occurred and Employee was aware or should have been aware of that act, (7) violation of state law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol that materially affects the performance of required duties a s City Manager, (10) engaging in conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or unethical act involving personal gain, including conviction of theft or attempted theft, (12) Employee’s significant mismanagement of City finances, (13) any pattern of repeated, willful and intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15) failure to comply with the ICMA Code of Ethics, as may be amended; or ( 16) any similar cause.

For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution . If the City terminates, for cause, this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay Employee any severance pursuant to section 4, below.

(b) Termination by the City without Cause. The City may terminate Employee without cause, with no less than a sixty (60) day notice of intention to terminate his employme nt, unless such notice period is waived in whole or in part by the City Council , based upon any management reason such as implementing the City’s goals or policies, including, but not limited to: (i) change of administration, or (ii) incompatibility of management styles , or for any other reason, or no publicly stated reason. In the event Employee is terminated without cause, Employee shall be compensated at full pay and benefits until the effective date of termination. If so requested by the City Council, Employee shall continue to use his best efforts and skills to perform his duties during this period and shall fully cooperate with any successor designated by the City Council.

Employee will qualify for severance pay according to Secti on 4.1 below. Employee expressly agrees Employee shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4. Severance

4.1 Severance Pay. In the event Employee is terminated without cause and Employee does not challenge such termination, including, but not limited to, by means of appeal or civil or administrative claim or “liberty-interest” hearing, then the City shall pay to Employee severance in an amount equal to twelve months Employee’s base salary then in effect .

Notwithstanding any other provision of this Section 4.1, if such proposed severance payment exceeds the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds eighteen ( 18) months). The severance payment shall not include the monetary value of benefits during said time, but salary only.

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6 4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3. 1, if Employee initiates termination of this Agreement, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.

5. Performance Evaluations

5.1. Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate the effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee as City Manager (as set forth in Section 1. 6 above), nor shall this Section 5 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2. Annual Evaluation. The City Council shall endeavor to conduct a formal or informal review and evaluate the performance of Employee on an annual basis within thirty (30) days before the anniversary date of the Effective Date of this Agreement in each year during the term hereof. Such performance review and evaluation may be conducted concurrently with an annual base salary review provided for in Section 2. 2 hereof, and in accordance with the purpose noted in Section 5.1 above.

5.3. Establishment of Goals . The City Council will es tablish performance objectives and goals for Employee in connection with the initial evaluation, and each annual evaluation, of Employee pursuant to this Section 5. Such objectives and goals shall be reasonably attainable within the time frame established by the City Council and within the City’s annual budget.

6. Benefits and Other Compensation

6.1 Professional Development. The City recognizes its obligation to the professional development of the City Manager and agrees Employee shall be given adequate opportunities to develop and maintain skills and abilities as the City Manager. Employee is expected and encouraged to and does agree to participate in professional organizations and to attend local and regional meetings and conferences related to matters of interest to the City consistent with the time required for such attendance in relationship to Employee’s other responsibilities as determined by the City Council. The City Council hereby agrees to budget an amoun t, to be determined in the exercise of its sole discretion , to pay the cost, travel and subsistence expense of Employee for professional and/or official travel, meetings, and occasions adequate to continue professional development of Employee and to adequa tely pursue necessary official functions for the City.

Employee shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. The City agrees to pay the annual professional dues and subscriptions necessary for full participation in national, regional, state, or local associations and organizations necessary and desirable for the best interests of the Regular Redlands Meeting of 07-05-2023
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7 City, and for Employee’s continued professional participation and advancement. To authorize the City’s annual costs related to Employee’s continued professional development, the anticipated costs must be included in the City’s adopted or amended annual budget. The City Council is the approval authority for the City’s annual budget. At a minimum, that may include any professional dues for membership with the ICMA, and the League of California Cities (LCC), as well as including travel expenses and registration for attendance at the annual ICMA conference, the annual LCC General Membership conference (LCC’s Annual Conference), the annual LCC City Manager Department conference, and the annual LCC New Mayor and Council Members Academy.

6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave (“Annual Leave”) at an accrual rate of sixteen and fifty-four one-hundredths (16.54) hours pro rata per pay period. Employee’s Annual Leave is inclusive of all other leave benefits including, but not limited to, sick leave, executive leave, and vacation. Upon separation, for any reason , Employee shall be entitled to one hundred percent (100%) of Employee’s unused Annual Leave balance then existing, at Employee’s then current hourly rate of pay, subject to normal and proper withholdings as determined by state and federal law, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs in the same manner as other employees of the City. (a) Holiday Leave. Employee shall be granted the following fourteen (14) holidays: New Year’s Day, Martin Luth er King Day, President's Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day. If Employee works on a holiday, he may bank that unused holiday for up to four months.

6.3 Health and Welfare Benefits. Employee shall be entitled to certain rights and privileges no less than all other benefits that are generally accorded to City Department Directors regarding health, welfare and benefits, as provided in the City Department Directors’ Memorandum of Understanding, and no less than as set forth in Exhibit “A” to this Agreement.

6.4 Retirement. Employee is believed to be a New Member/PEPRA, as defined by CalPERS and as mandated by the Public Employees’ Pension Reform Act of 2013. Employee will be classified in the City’s Tier II pension plan. Accordingly, E mployee shall be entitled to participate in the City’s CalPERS Retirement Program with the 2% at 62 formula.

6.5 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month as vehicle allowance to reimburse Employee for use of a personal vehicle in pursuit of recognized official duties. The allowance will be paid in the regular payroll process with Salary beginning with the first payroll paid subsequent to the Employee’s commencement date consistent with the payment method of allowances provided to other employees of the City. The allowance is subject to normal and proper withholdings as determined by state and federal law and shall be subject to payroll taxes and other payroll-related liability costs in the same manner as other employees of the City. Employee shall be responsible for any personal income tax that may result from that reimbursement.

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8 6.6 Deferred Compensation. Employee is eligible to participate in the City’s 457(b) and 401(a) deferred compensation programs. Commencing January 2023, on or before the second payroll check date of each calendar year the City will contribute the maximum amount allowed under the law (including catchup provi sions for employees 50 years or older) fo r that year to Employee’s 457(b) deferred compensation plan. Additionally, commencing January 2023, on or before the second payroll check date of each calendar year the City will also contribute the maximum amount allowed under the Public Employees’ Pension Reform Act for that year to Employee’s 401(a) deferred compensation plan in an amount equal to the result of the following formula: the difference between the Base Sa lary and the applicable pensionable compensation limit, pursuant to Government Code section 7522.10, but in no event higher than the Code 401(a)(17) limit, multiplied by the applicable employer normal cost rate for the City’s miscellaneous plan as determin ed by CalPERS and set forth in the annual actuarial valuation reports issued by CalPERS. This amount shall not be reported to CalPERS as pensionable compensation and shall not be subject to any withholdings or taxes in accordance with Sections 3121(a)(5)(A) and 3401(a)(12)(A) of the Internal Revenue Code. If at any time the City ceases to participate in either a 457(b) or 401(a) plan, or is otherwise unable to make the contribution, Employee’s salary will be adjusted to include the balance of the unmade contribution.

6.7 Bonding. The City shall bear the full cost of any fidelity or other bonds required for Employee under any law or City ordinance.

6.8 Flexible Spending Account. The City provides a Flexible Spending Account (FSA) program at Employee’s sole cost and expense (employee cost may be income tax deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA program include childcare, medical expenses not covered by insurance plan, orthodontic work, and similar qualifying expenses.

6.9 Business Equipment. The City will provide to Employee any job-related personal tools or equipment, such as a computer, desk, land-line phone, file cabinets, table and chairs, that serve the professional development of Employee and/or is needed to perform Employee’s functions and duties. Upon termination, for any reason, Employee shall return all business equipment to t h e City no later than Employee’s last day of employment. The City shall provide a City-owned cell phone for City-related business and functions during, before and after normal work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear.

Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistent with control procedures for other City employees. Employee may opt to receive a cellular telephone/smartphone stipend of $ 100 per month in lieu of device and service plan provided by City.

6.10 Additional compensation. The City Council may authorize and grant to Employee additional compensation and/or benefi ts in the future as may be deemed appropriate. Such additional compensation or benefits shall be made a part of this Agreement by written Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to provide otherwise.

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9 7. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occu rring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or any other intentional or mali cious conduct or gross negligence of Employee.

8. Other Terms - Conditions of Employment . The City Council, in consultation with Employee, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by Employee and the Mayor of the City.

9. General Provisions

9.1 Entire Agreement. This Agreement represents the entire Agreement and understanding between the Parties and as of the Effective Date of this Agreement amends and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of the City governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either Party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.

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

CITY: EMPLOYEE:

City Clerk Charles M. Duggan Jr.

City of Redlands Address on file with City
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
Redlands, CA 92373

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10 9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of E mployee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the Effective Date of this Agreement.

9.8 Government Code Sections 53243 - 53243.4. Government Code sections 53243 - 53243.4 sought to provide greater transparency in local government and institute certa in limitations on compensation paid to local government executives. Those statutes require that contracts between local agencies and certain employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. Those statutes are incorporated herein by reference . Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:

Section 53243. Reimbursemen t of paid leave salary required upon conviction of crime involving office or position.

Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.

Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.

Section 53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.

Section 53243.4. “Abuse of office or position” defined.

Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Regular Redlands Meeting of 07-05-2023
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11 Employee agrees any cash settlement or severance related to a termination Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position.

9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.

9.10 Prohibition against Assignment. Neither this Agreement nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by him without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this subsection shall, in the sole discretion of and at the option of the City Council, be null and void and may be considered a material breach of this Agreement and “cause” for termination of this Agreement.

9.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF REDLANDS EMPLOYEE

By: ___________________________ By: ___________________________ Eddie Tejeda, Mayor Charles M. Duggan, Jr.

ATTEST:

By: ___________________________
Jeanne Donaldson, City Clerk

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12 Exhibit “A”
Additional Benefits

• Medical Insurance – City pays the entire monthly premium for employees and their eligible dependents through PERS Health

• Dental Insurance – City pays the entire monthly premium for employees and their eligible dependents

• Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents

• $150 per year to offset medical insurance co-payments and/or deductibles

• Life Insurance - $25,000

• Accidental Death & Dismemberment Insurance - $25,000

• State Disability Insurance – Premium paid by Employee

• Credit Union

• Employee Assistance Program

• YMCA Membership – City will provide a paid annual membership for Employee to the Redlands YMCA.

• Retiree Health – upon retirement from the City and CalPERS, Employee will be eligible for medical coverage as provided through CalPERS. The City will contribute $397 per month towards the medical premium.

• Tuition Reimbursement - $2500 per year reimbursement for courses successfully taken at an accredited institution.

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1 CITY OF REDLANDS

AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT

ThisThis Amended and Restated City Manager Employment Agreement (this “Agreement”) is made and entered into the 4th5th day of October , 202 2July, 2023 (“Effective Date”) by and between the City of Redlands, a general law city and municipal corporation (“City”) and Charles M. Duggan, Jr., an individual (“Employee”). For purposes of this Agreement, City and Employee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS

WHEREAS, Employee has dutifully served as City Manager since January 2020; and

WHEREAS, it is the desire of City to continue to retain the services of Employee as City Manager and the desire of the Employee to serve in that capacity; and

WHEREAS, Government Code section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and

WHEREAS, the duties of the city manager of the City are set forth in full in Chapter 2.04 of the Redlands Municipal Code (”RMC”); and

WHEREAS, RMC section 2. 04.010 states: “The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council;” and

WHEREAS, it is the desire of City to: (1) provide inducement for Employee to remain in City’s employme nt; (2) make possible full work productivity by providing Employee with assurances regarding his employment; and (3) provide an equitable process for terminating Employee’s services if that should occur; and

WHEREAS, the City Council of the City of Redlands (“City Council”) has determined that Employee has the required executive and administrative qualifications and ability, along with the level of education, experience, skills and expertise to serve as the City Manager of the City; and

WHEREAS, it is the desire of the City Council to amend and restate the terms and conditions of the Agreement.

NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows:

AGREEMENT

1. Employment and Duties
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2 1.1 Duties. The City Council hereby appoints Employee as the City Manager for the City to perform the functions and duties of that position, as described in the California Government Code and Chapter 2.04 of the Redlands Municipal Code (as such Chapter may be amended from time to time in the sole discretion of the City Council without any amendment of this Agreement or Employee’s acquiescence), and such other legally permissible and proper duties and functions as the City Council shall, from time to time, direct or as sign to Employee. Employee agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.

1.2 Term. The City hereby employs Employee as City Manager on an at-will basis commencing as of October 4, 2022, and remaining in effect until January 31, 2026.

1.3 Work Schedule. Employee will report to the entire City Council. It is recognized that Employe e is expected to engage in the hours of work that are necessary to fulfill the obligations of the position of City Manager, must be available at all times and devote significant time outside of “normal” City office hours to the business of the City. Employee acknowledges that proper performance of the duties of the City Manager will require Employee to generally observe normal business hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in accordance with City’s “9/80” work schedule), as set by the City and as may be duly revised from time-to-time by the City, and will also often require the performance of necessary services outside of normal business hours. Employee may bank Fridays, worked while City Hall is “9/80” closed, for up to four months. Employee is pre-authorized to work remotely , for periods of time not exceeding two-weeks, four times each year. Employee’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City Manager position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Employee shall not be entitled to any compensation for overtime , nor subject to such overtime provisions of the FLSA.

1.4 Other Activities. Employee shall focus his professional time, ability, and attention to the City’s business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature, to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the City Manager.

1.5 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he shall continue to be an “at -will” employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre- disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.2 below.

1.6 Exemption from Personnel System. Redlands Municipal Code section 2.56.030 expressly exempts the “ City Manager” position from the City’s Personnel System established in Regular Redlands Meeting of 07-05-2023
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3 Redlands Municipal Code Chapter 2.56. Employee understands, acknowledges and agrees that Employee is exempt from the City’s Personnel System.

1.7 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, comput er program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, ex cept as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of Employee’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to and comply with the International City /County Management Association (“ICMA”) Code of Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City Council agree that the City Council will not require that Employee violate the ICMA Code of Ethics as part of his employment with the City.

2. Compensation and Reimbursement

2.1 Current Base Salary. Employee shall receive Two Hundred Eighty Thousand Dollars ($280,000) as his annual base salary (“Salary”) for the City Manager position. Employee’s Salary shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid, and shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.

a. Effective the first payroll period following July 1, 2023, Employee will receive a seven percent (7%) increase to his Salary.
b. Effective the first payroll period following July 1, 2024, Employee will receive a two percent (2%) increase to his Salary over the prior year. c. Effective the first payroll period following July 1, 2023, Employee will receive a two percent (2%) increase to his Salary over the prior year.

2.2 Salary Adjustment. Following the annual performance evaluation set forth in Section 5.2 hereof, the City Council may increase Employee’s base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 are not automatic and instead shall be at the sole discretion of the City Council.

2.3 Incentive Bonus. Annually, beginning in August 2023, Employee may be eligible Regular Redlands Meeting of 07-05-2023
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4 for a lump -sum incentive bonus, at the sole discretion of the City Council, for performance substantially above expectations. The City Council will establish criteria as the basis for any bonus that may be awarded and such criteria will be delivered in writing to Employee before December 31 of each year. Employee and City agree that the City Council is not obligated to grant an incentive bonus and that no assurances have been given to Employee that any incentive bonus will be granted during the term of this Agreement.

2.4 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary travel, subsistence, and other City-related business expenses incurred by Employee in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the City’s adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable.

3. Termination

3.1 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City with at least thirty (30) days prior written notice. In the event Employee terminates this Agreement, Employee expressly agrees that Employee shall not be entitled to any severance pay.

3.2 Termination by the City. The City may terminate this Agreement at any time, with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or without cause, by providing written notice to Employee of the same. The City’s right to terminate Employee pursuant to this Section 3.2 shall not be subject to, or in any way limited by, the City’s Personnel Rules and Regulations, or any subsequent related resolutions, or past City practices related to the employment, discipline or termination of the City’s employees.

Employee expressly waives any rights provided for the City Manager under the City’s Personnel Rules and Regulations, Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager.

(a) Termination by the City for Cause. The City may terminate this Agreement at any time by providing Employee with prior written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including, but not be limited to, any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2) résumé fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave, (4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or abuse of position as City Manager, (5) conviction of a felony under California law, (6) violation by Employee of the City’s anti -harassment policies, as may be amended, or a finding a legally prohibite d personal act of harassment against a City official or employee or legally prohibited personal act of discrimination against a City official or employee has occurred and Employee was aware or should have been aware of that act, (7) violation of state law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in Regular Redlands Meeting of 07-05-2023
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5 violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol that materially affects the performance of required duties a s City Manager, (10) engaging in conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or unethical act involving personal gain, including conviction of theft or attempted theft, (12) Employee’s significant mismanagement of City finances, (13) any pattern of repeated, willful and intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15) failure to comply with the ICMA Code of Ethics, as may be amended; or ( 16) any similar cause.

For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution . If the City terminates, for cause, this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay Employee any severance pursuant to section 4, below.

(b) Termination by the City without Cause. The City may terminate Employee without cause, with no less than a sixty (60) day notice of intention to terminate his employme nt, unless such notice period is waived in whole or in part by the City Council , based upon any management reason such as implementing the City’s goals or policies, including, but not limited to: (i) change of administration, or (ii) incompatibility of management styles , or for any other reason, or no publicly stated reason. In the event Employee is terminated without cause, Employee shall be compensated at full pay and benefits until the effective date of termination. If so requested by the City Council, Employee shall continue to use his best efforts and skills to perform his duties during this period and shall fully cooperate with any successor designated by the City Council.

Employee will qualify for severance pay according to Secti on 4.1 below. Employee expressly agrees Employee shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4. Severance

4.1 Severance Pay. In the event Employee is terminated without cause and Employee does not challenge such termination, including, but not limited to, by means of appeal or civil or administrative claim or “liberty-interest” hearing, then the City shall pay to Employee severance in an amount equal to twelve months Employee’s base salary then in effect .

Notwithstanding any other provision of this Section 4.1, if such proposed severance payment exceeds the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds eighteen ( 18) months). The severance payment shall not include the monetary value of benefits during said time, but salary only.

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3. 1, if Employee initiates termination of this Agreement, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

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6 4.3 Sole Rights. The severance rights provided in this Section 4 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.

5. Performance Evaluations

5.1. Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate the effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee as City Manager (as set forth in Section 1. 6 above), nor shall this Section 5 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2. Annual Evaluation. The City Council shall endeavor to conduct a formal or informal review and evaluate the performance of Employee on an annual basis within thirty (30) days before the anniversary date of the Effective Date of this Agreement in each year during the term hereof. Such performance review and evaluation may be conducted concurrently with an annual base salary review provided for in Section 2. 2 hereof, and in accordance with the purpose noted in Section 5.1 above.

5.3. Establishment of Goals . The City Council will es tablish performance objectives and goals for Employee in connection with the initial evaluation, and each annual evaluation, of Employee pursuant to this Section 5. Such objectives and goals shall be reasonably attainable within the time frame established by the City Council and within the City’s annual budget.

6. Benefits and Other Compensation

6.1 Professional Development. The City recognizes its obligation to the professional development of the City Manager and agrees Employee shall be given adequate opportunities to develop and maintain skills and abilities as the City Manager. Employee is expected and encouraged to and does agree to participate in professional organizations and to attend local and regional meetings and conferences related to matters of interest to the City consistent with the time required for such attendance in relationship to Employee’s other responsibilities as determined by the City Council. The City Council hereby agrees to budget an amoun t, to be determined in the exercise of its sole discretion , to pay the cost, travel and subsistence expense of Employee for professional and/or official travel, meetings, and occasions adequate to continue professional development of Employee and to adequa tely pursue necessary official functions for the City.

Employee shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. The City agrees to pay the annual professional dues and subscriptions necessary for full participation in national, regional, state, or local associations and organizations necessary and desirable for the best interests of the City, and for Employee’s continued professional participation and advancement. To authorize the City’s annual costs related to Employee’s continued professional development, the anticipated costs must be included in the City’s adopted or amended annual budget. The City Council is the approval authority for the City’s annual budget. At a minimum, that may include any professional Regular Redlands Meeting of 07-05-2023
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7 dues for membership with the ICMA, and the League of California Cities (LCC), as well as including travel expenses and registration for attendance at the annual ICMA conference, the annual LCC General Membership conference (LCC’s Annual Conference), the annual LCC City Manager Department conference, and the annual LCC New Mayor and Council Members Academy.

6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave (“Annual Leave”) at an accrual rate of fifteensixteen and sevenfifty-four one-hundredths (15.0716.54) hours pro rata per pay period. Employee’s Annual Leave is inclusive of all other leave benefits including, but not limited to, sick leave, executive leave, and vacation. Upon separation, for any reason, Employee shall be entitled to one hundred percent ( 100%) of Employee’s unused Annual Leave balance then existing, at Employee’s then current hourly rate of pay, subject to normal and proper withholdings as determined by state and federal law, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs in the same manner as other employees of the City.
(a) Holiday Leave. Employee shall be granted the following twelve (12fourteen (14) holidays: New Year’s Day, Martin Luth er King Day, President's Day, Cesar Chavez Day, Memorial Day , Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day (twelve 8- hour days). . If Employee works on a holiday, he may bank that unused holiday for up to four months.

6.3 Health and Welfare Benefits. Employee shall be entitled to certain rights and privileges no less than all other benefits that are generally accorded to City Department Directors regarding health, welfare and benefits, as provided in the City Department Directors’ Memorandum of Understanding, and no less than as set forth in Exhibit “A” to this Agreement.

6.4 Retirement. Employee is believed to be a New Member/PEPRA, as defined by CalPERS and as mandated by the Public Employees’ Pension Reform Act of 2013. Employee will be classified in the City’s Tier II pension plan. Accordingly, E mployee shall be entitled to participate in the City’s CalPERS Retirement Program with the 2% at 62 formula.

6.5 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month as vehicle allowance to reimburse Employee for use of a personal vehicle in pursuit of recognized official duties. The allowance will be paid in the regular payroll process with Salary beginning with the first payroll paid subsequent to the Employee’s commencement date consistent with the payment method of allowances provided to other employees of the City. The allowance is subject to normal and proper withholdings as determined by state and federal law and shall be subject to payroll taxes and other payroll-related liability costs in the same manner as other employees of the City. Employee shall be responsible for any personal income tax that may result from that reimbursement.

6.6 Deferred Compensation. Employee is eligible to participate in the City’s 457(b) and 401(a) deferred compensation programs. Commencing January 2023, on or before the second Regular Redlands Meeting of 07-05-2023
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8 payroll check date of each calendar year the City will contribute the maximum amount allowed under the law (including catchup provisions for employees 50 years or older) fo r that year to Employee’s 457(b) deferred compensation plan. Additionally, commencing January 2023, on or before the second payroll check date of each calendar year the City will also contribute the maximum amount allowed under the Public Employees’ Pension Reform Act for that year to Employee’s 401(a) deferred compensation plan in an amount equal to the result of the following formula: the difference between the Base Salary and the applicable pensionable compensation limit, pursuant to Government Code section 7522.10, but in no eve nt higher than the Code 401(a)(17) limit, multiplied by the applicable employer normal cost rate for the City’s miscellaneous plan as determined by CalPERS and set forth in the annual actuarial valuation reports issued by CalPERS. This amount shall not be reported to CalPERS as pensionable compensation and shall not be subject to any withholdings or taxes in accordance with Sections 3121(a)(5)(A) and 3401(a)(12)(A) of the Internal Revenue Code. If at any time the City ceases to participate in either a 457(b) or 401(a) plan, or is otherwise unable to make the contribution, Employee’s salary will be adjusted to include the balance of the unmade contribution.

6.7 Bonding. The City shall bear the full cost of any fidelity or other bonds required for Employee under any law or City ordinance.

6.8 Flexible Spending Account. The City provides a Flexible Spending Account (FSA) program at Employee’s sole cost and expense (employee cost may be income tax deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA program include childcare, medical expenses not covered by insurance plan, orthodontic work, and similar qualifying expenses.

6.9 Business Equipment. The City will provide to Employee any job-related personal tools or equipment, such as a computer, desk, land-line phone, file cabinets, table and chairs, that serve the professional development of Employee and/or is needed to perform Employee’s functions and duties. Upon termination, for any reason, Employee shall return all business equipment to t h e City no later than Employee’s last day of employment. The City shall provide a City-owned cell phone for City-related business and functions during, before and after normal work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear.

Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistent with control procedures for other City employees. Employee may opt to receive a cellular telephone/smartphone stipend of $ 100 per month in lieu of device and service plan provided by City.

6.10 Additional compensation. The City Council may authorize and grant to Employee additional compensation and/or benefits in the future as may be deemed appropriate. Such additional compensation or benefits shall be made a part of this Agreement by written Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to provide otherwise.

7. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim Regular Redlands Meeting of 07-05-2023
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9 or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This s ection shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or any other intentional or malicious conduct or gross negligence of Employee.

8. Other Terms - Conditions of Employment. The City Council, in consultation with Employee, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by Employee and the Mayor of the City.

9. General Provisions

9.1 Entire Agreement. This Agreement represents the entire Agreement and understanding between the Parties and as of the Effective Date of this Agreement amends and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of the City governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either Party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.

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

CITY: EMPLOYEE:

City Clerk Charles M. Duggan Jr.

City of Redlands Address on file with City
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
Redlands, CA 92373

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably Regular Redlands Meeting of 07-05-2023
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10 might be expected to conflict, with the proper discharge of E mployee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be i nvalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the Effective Date of this Agreement.

9.8 Government Code Sections 53243 - 53243.4. Government Code sections 53243 - 53243.4 sought to provide greater transparency in local government and institut e certain limitations on compensation paid to local government executives. Those statutes require that contracts between local agencies and certain employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. Those statutes are incorporated herein by reference . Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable la w as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:

Section 53243. Reimb ursement of paid leave salary required upon conviction of crime involving office or position.

Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.

Section 53243.2. Reimbursement of cash settlemen t upon conviction of crime involving office or position.

Section 53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.

Section 53243.4. “Abuse of office or position” defined.

Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees any cash settlement or severance related to a termination Employee may receive Regular Redlands Meeting of 07-05-2023
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11 from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position.

9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.

9.10 Prohibition against Assignment. Neither this Agreement nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by him without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this subsection shall, in the sole discretion of and at the option of the City Council, be null and void and may be considered a material breach of this Agreement and “cause” for termination of this Agreement.

9.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF REDLANDS EMPLOYEE

By: ___________________________ By: ___________________________ Paul BarichEddie Tejeda, Mayor Charles M. Duggan, Jr.

ATTEST:

By: ___________________________
Jeanne Donaldson, City Clerk

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12 Exhibit “A”
Additional Benefits

• Medical Insurance – City pays the entire monthly premium for employees and their eligible dependents through PERS Health

• Dental Insurance – City pays the entire monthly premium for employees and their eligible dependents

• Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents

• $150 per year to offset medical insurance co-payments and/or deductibles

• Life Insurance - $25,000

• Accidental Death & Dismemberment Insurance - $25,000

• Eligible for State Disability Insurance – All costsPremium paid by employeeEmployee

• Credit Union

• Employee Assistance Program

• Retiree Health
• YMCA Membership – City will provide a paid annual membership for Employee to the Redlands YMCA.

• Retiree Health – upon retirement from the City and CalPERS, Employee will be eligible for medical coverage as provided through CalPERS. The City will contribute $397 per month towards the medical premium.

• Tuition Reimbursement - $2500 per year reimbursement for courses successfully taken at an accredited institution.

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City Council/Successor Agency Meeting L. 2.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the First Amendment to the City Attorney Employment Agreement between the City of Redlands and Yvette M. Abich Garcia (Assistant City Manager McConnell)
MOTION(S):

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

I move to approve the First Amendment to the City Attorney Employment Agreement between the City of Redlands and Yvette M. Abich Garcia.

RECOMMENDATION:

To approve the First Amendment to the City Attorney Employment Agreement between the City of Redlands and Yvette M. Abich Garcia.

DISCUSSION:

On April 19, 2022, the City of Redlands entered into a City Attorney Employment Agreement with Yvette M. Abich Garcia for a term of six years, ending May 22, 2028. It is the desire of the City Council to amend the employment agreement prior to its expiration. It is proposed that the City Council approve the First Amendment to the City Attorney Employment Agreement. The First Amendment proposes the following terms:

Two (2) additional days for remote work for a total not to exceed four (4) work days per month.

1. Base salary increases in accordance with the following schedule:

Effective the first payroll period following July 1, 2023, Employee will receive a seven percent (7%) increase to her Salary.
a.

Effective the first payroll period following July 1, 2024, Employee will receive a two percent (2%) increase to her Salary over the prior year. b.

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Effective the first payroll period following July 1, 2025, Employee will receive a two percent (2%) increase to her Salary over the prior year. c.

Annual Leave Accrual Rate increase from 14.07 hours to 16.54 hours pro rata per pay period.

3. Election to deposit 100% of unused Annual Leave in a deferred compensation plan upon separation.

4. Two (2) additional holidays (Cesar Chavez Day and Juneteenth) for a total of fourteen holidays per calendar year.

5. Two (2) working days of paid bereavement leave. 6.

An additional 38 hours of annual leave eligible for conversion to cash, bringing the total prospective election of leave conversion, for annual leave earned in the following year, up to 430 hours.

7. An additional two percent (2%) of employee salary contributed to Employee's 401(a) deferred compensation plan for a total contribution by the City of $1,125 plus 4% of employee's salary to Employee's 401(a) deferred compensation plan.

8. Vehicle allowance increase from $300 to $500 per month.9.

Option to receive a cell phone allowance of $100 per month in lieu of a city-issued cell phone.

10. Medical stipend increase from $350 to $500 per month.11.

Annual YMCA membership12.

Other terms as set forth in the City Attorney Employment Agreement remain unchanged.

13. This report complies with Government Code Section 54953(c)(3).

ALTERNATIVES:

The City Council may elect not to approve the First Amendment to the City Attorney Employment Agreement and provide alternative direction to staff.

STRATEGIC PLAN:

N/A.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

Mayor Eddie Tejeda and Mayor Pro Tem Paul T. Barich
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
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PREPARED BY:

Janice McConnell, Assistant City Manager
Fiscal Impact
Fiscal Year: FY2024-26
Revenue Generating: No
Appropriation Required Y/N: No
Account No.: Various
Discussion:

Summary of Financial Impact:

FY2024 FY2025 FY2026 3-Year Total
General Fund $32,590 $40,207 $47,976 $120,772
Notes:

The Fiscal Impact above relates specifically to the City Attorney's contract.1.

These amounts include base salary increases and other incentives.2.

Calculations include fully burdened staff costs such as base salary, pension cost, and other employer-paid benefits.

3. Staff will incorporate the financial impact above in the 2023-2024 mid-biennium review process. During this review, staff will be updating revenue and expenditure projections accordingly. Additional appropriations will also be made, if warranted, and taken to the City Council for consideration.

Attachments
First Amendment to City Attorney Employment Agreement
Frist Agreement
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FIRST AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT

This first amendment (“First Amendment”) to the City Attorney Employment Agreement dated April 19, 2022 (“Agreement”), by and between the City of Redlands, a municipal corporation (“City”), and Yvette M. Abich Garcia (“Employee”), is made and entered into this 5th day of July, 2023.

RECITALS

WHEREAS, with this First Amendment, it is the desire of the City and Employee to amend the terms and conditions of Employee’s employment as City Attorney.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree to amend the Agreement as follows:

AGREEMENT

Section 1. Section 1.4 of the Agreement is amended to read as follows:

1.4 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position of City Attorney, must be available at all times and devote significant time outside of “normal” City office h ours to the business of the City. Employee acknowledges that proper performance of the duties of the City Attorney will require Employee to generally observe normal business hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in accordance with City’s “9/80” work schedule), as set by the City and as may be duly revised from time-to-time by the City, and will also often require the performance of necessary services outside of normal business hours. Employee is pre -authorized to work remotely for p eriods of time not to exceed f our (4) work days per month. Employee’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City Attorney position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Employee shall not be entitled to any compensation for overtime, nor subject to such overtime provisions of the FLSA.

Section 2. Section 2.1 of the Agreement is amended to read as follows:

2.1 Current Base Salary. Effective the first full pay period after the Employment Date, Employee shall receive Two Hundred Sixty-two Thousand Dollars ($ 262,000.00) as annual base salary (“Salary”) for the City Attorney position, which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Employee’s Salary shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.

a. Effective the first payroll period following July 1, 2023, Employee will receive a seven percent (7%) increase to her Salary.
b. Effective the first payroll period following July 1, 2024, Employee will receive a two percent (2%) increase to her Salary over the prior year. c. Effective the first payroll period following July 1, 2025, Employee will receive a two percent (2%) increase to her Salary over the prior year.

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Section 3. Section 6.2 of the Agreement is amended to read as follows:

6.2 Paid Annual Leave . Employee shall be entitled to paid annual leave (“Annual Leave”) at an accrual rate of sixteen and fifty -four hundredths (16.54) hours pro rata per p ay period. Employee’s Annual Leave is inclusive of all other leave benefits including, but not limited to, sick leave, executive leave, and vacation. Upon separation, for any reason, Employee shall be entitled to one hundred percent (100%) of Employee’s un used Annual Leave balance then existing, at Employee’s then current hourly rate of pay, subject to normal and proper withholdings as determined by state and federal law, and shall be subject to payroll taxes, workers’ compensation, and other payroll -related liability costs in the same manner as other employees of the City. Upon separation, for any reason, Employee may elect to have up to one hundred percent (100%) of the unused Annual Leave deposited into an applicable deferred compensation plan at the Employee’s then current hourly rate of pay. The maximum Annual Leave balance shall be nine hundred (900) hours. Employee shall not accrue Annual Leave above nine hundred (900) hours.

Section 4. Section 6.2(a) of the Agreement is amended to read as follows:

(a) Holiday Leave . Employee shall be granted the following fourteen (14) holidays: New Year’s Day, Martin Luther King Day, President's Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day.

Section 4. Section 6.2(b) of the Agreement is replaced to read as follows:

(b) Bereavement Leave. Employee shall receive two (2) working days of paid Bereavement Leave for the death of a member of Employee’s immediate family defined as spouse, children, brother, sister, grandmother, grandfather, mother-in-law, father-in-law, step- father, step-mother and step-children.

Section 5. Section 6.2(c) of the Agreement is added to read as follows:

(c) Conversion of Leave. Employee may elect to convert up to four hundred and thirty (430) hours of Annual Leave earned in the following calendar year to cash to be paid during the first week of May, the first week of September and the last week of December of each year. This election is irrevocable and may not be changed after the election is made. Only amounts earned in the current year prior to the cash out date may be elected to convert into cash. A total of fifty (50) hours of annual leave must be on the books at the time of the “cash-out” date in order for payment to be made. If Employee does not have the elected amount of hours available at the time of payout, they will be paid the hours that are available above the fifty (50) hours required to remain on the books.

Section 6. Section 6.5 of the Agreement is amended to read as follows:

6.5 Deferred Compensation. Employee is eligible to participate in the City’s 457 and Regular Redlands Meeting of 07-05-2023
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C:\Users\DESTIN~2\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7892441E\@[email protected] 401(a) deferred compensation programs. The City will contribute, annually, the sum of One Thousand One Hundred Twenty-Five Dollars ($1,125) and the sum of four percent (4%) of Employee’s Salary, to Employee’s 401(a) deferred compensation plan.

Section 7. Section 6.6 of the Agreement is amended to read as follows:

6.6 Automobile. Employee shall re ceive Five Hundred Dollars ($500.00) per month as vehicle allowance to reimburse Employee for use of a personal vehicle in connection with recognized official duties. The allowance will be paid in the regular payroll process with Salary beginning with the first payroll paid subsequent to the Employee’s commencement date consistent with the payment method of allowances provided to other employees of the City. The allowance is subject to payroll taxes and other payroll -related liability costs in the same ma nner as other employees of the City. Employee shall be responsible for any personal income tax that may result from that reimbursement.

Section 8. Section 6.9 of the Agreement is amended to read as follows:

6.9 Business Equipment. The City will provide to Employee any job-related personal tools or equipment, such as a computer, desk, land-line phone, file cabinets, table chairs, and books that serve the professional development of Employee and/or is needed to perform Employee’s functions and duties. Upon termination, for any reason, Employee shall return all business equipment to t h e City no later than Employee’s last day of employment.

The City shall provide a City-owned cell phone for City-related business and functions during, before and after normal work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear. I n l i e u o f a c i t y - i s s u e d c e l l p h o n e , E m p l o y e e m a y o p t f o r a c e l l p h o n e a l l o w a n c e o f $ 1 0 0 p e r m o n t h . Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistent with control procedures for other City employees.

Section 9. Exhibit “ A” of the Agreement, entitled “ Additional Benefits ,” is hereby amended and replaced with the Exhibit “A” which is attached hereto and incorporated herein by this reference.

Section 10. 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 July 1, 2023.

[Signatures on Next Page]

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CITY OF REDLANDS EMPLOYEE

By: ___________________________ By: ________________________________ Eddie Tejeda, Mayor Yvette M. Abich Garcia

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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C:\Users\DESTIN~2\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7892441E\@[email protected] Exhibit “A”
Additional Benefits

• Medical Insurance – City pays the entire monthly premium for employees and their eligible dependents through PERS Health. The City shall provide a stipend of $500 per month if Employee opts out of medical insurance due to alternative medical coverage.

• Dental Insurance – City pays the entire monthly premium for employees and their eligible dependents.

• Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents.

• $150 per year to offset medical insurance co-payments and/or deductibles.

• Life Insurance - $25,000

• Accidental Death & Dismemberment Insurance - $25,000

• State Disability Insurance – Premium paid by Employee.

• Credit Union

• Employee Assistance Program

• YMCA Membership-City will provide a paid annual membership for Employee to the Redlands YMCA.

• Upon retirement from the City and CalPERS, Employee will be eligible for medical coverage as provided through CalPERS. The City will contribute $397 per month towards the medical premium.

• Tuition Reimbursement - $2,500 per year reimbursement for courses successfully taken at an accredited institution.

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CITY OF REDLANDS

CITY ATTORNEY EMPLOYMENT AGREEMENT
This Employment Agreement ( this " Agreement") is madeand enteredinto the 19th day of April, 2022 (" Effective Date") by andbetweenthe City of Redlands, a generallaw city and municipal corporation (" City") and Yvette M. Abich Garcia, an individual (" Employe") For purposesof this Agreement, City andEmployeearesometimesindividually referredto hereinasa Party" and, together, asthe "Parties "

RECITALS
WHEREAS, the City hasexpressedits desireto employthe servicesof Employe+ Attorney of the City of Redlandsasprovided for by California GovernmentCode36505, WHEREAS, Employee has accepted employment as the City Attorney of the Redlands, and
as City
and
City of
WHEREAS, it is the desireofthe City Council of City andEmployeeto provide, by written agreement, the terms and conditions of Employee' ssemployment as City Attorney; and I NOW, THEREFORE, in considerationof themutualpromisescontainedherein, theParties agree as follows

AGREEMENT
1 Employment and Duties
1 1 Commencement. Employee shall commence service as the City Attorney for the City effective May 23, 2022 ("Employment Date")

1. 2 Term. The City hereby employs Employee, as City Attorney, on an at -will basis for the term of six ( 6) years commencing on the Employment Date, and continuing through and including May 22, 20M8
1 3 Duties. The City Council herebyappointsEmployeeasthe City Attorney for the City to perform thefunctionsanddutiesof thatposition, asdescnbedin theCalifornia Government Code Sections 41801, et seq., subject to the terms and conditions of this Agreement, and such other legally permissibleandproper dutiesand 'functions asthe City Council shall, from time to time, direct or assignto Employee Employeeagreesto perform all suchfunctions anddutiesto thebest of her ability andin an efficient, competent, andethical manner 14 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessaryto fulfill the obligations of the position of City Attorney, must be available at all times and devote significant time outside of " normal" City office hours to the businessoftheCityEmployeeacknowledgesthatproperperformanceofthedutiesoftheCity Attorney will requireEmployeeto generally observenormal businesshours (currently? 30 a.m. 1 L:\ ca\djm\ Agreements\Employment Agreements\City Attorney\Y Garcia.Employment Agreement 04.19.22.Final.docx Regular Redlands Meeting of 07-05-2023
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to 5 30 p.m , Monday through Friday in accordancewith City' s "9/ 80" work schedule), assetby the City andasmay be duly revisedfrom time -to -time by the City, andwill alsooften requirethe performanceof necessaryservicesoutsideof normal businesshours Employeeis pre -aufhonzed to work remotelyfor periodsof timenot to exceedtwo (2) work dayspermonth. Em kloyee' s compensation ( whether salary or benefits) is not based on hours worked. Furthermore, he City Attorney position remains an " exempt" classificationundertheovertimeprovisionsof thefederal Fair Labor Standards Act (" FLSA") andEmployeeshall not be entitled to any compenstion for overtime, nor subjectto suchovertimeprovisionsof theFLSA. 1 5 OtherActivities, Employeeshallfocusherprofessionaltime, ability, andattention totheCity'sbusinessduringthetermofthisAgreement. Employeeshallnotengage, withoutthe expresspnor wntten consent of the City Council, in any other businessduties or pursuits whatsoever, ordirectlyorindirectlyrenderanyservicesof abusiness, commercial, orprofessional nature, to anyotherpersonororganization, whetherfor compensationorotherwise, thatis ormay becompetitivewiththeCity, thatmightcausea conflict - of -interest with the City, or that gtherwisemight interfere with the businessor operationof the City or the satisfactoryperformanceof the functionsanddutiesof the City Attorney
1 6 Employment Status. Employee shall serve at the will and pleasureofftheCityCouncil and understandsshe shallcontinueto be an "at - wilt" employeeand shall be subjectto summary dismissalwithout any rightof noticeor hearing, includingany so-calleddue processpre - disciplinary " Skelly" hearing. The CitymayterminateEmployeeat anytimein accordancewith Section 3 2 below1
7 Exemptionfrom PersonnelSystem. Redlands Municipal Code section 2 56030expressly
exempts the " City Attorney" position from the City's PersonnelSystem establishedin Redlands Municipal Code Chapter2 56Employeeunderstands, acknowledges and agreesthat Employee is exemptfrom the City's PersonnelSystem 1
8 City Documents. All data, studies, reports and otherdocumentsprepared by Employee while performingher dutiesduringthe termof thisAgreementshall be furnishedto andbecome the propertyof theCity, withoutrestriction or limitationon their use 11 ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, writteninformation, and othermatenalseither createdby or providedto Employee m connectionwith the performanceof thisAgreementshall be heldconfidentialby Employee to theextentpermittedby applicablelaw, exceptas maybe requiredby anygovernmental agency or courtof competentjunsdiction. Such materialsshall not be usedby Employee, without the priorwnttenconsentof theCityCouncil, for anypurposesother thanthe performance of Employee's dutiesAdditionally, no suchmaterialsmay be disclosedto anypersonor entitynot connectedwith the performanceof servicesunder this Agreement, except as required
by (
a) law, ( b) any governmentalagency, ( c) subpoena, or ( d) an orderissuedby a courtof competentjurisdiction. 2 L\
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2 Compensation and Reimbursement
21 CurrentBaseSalary. Effectivethefirst full payperiodaftertheEmploymentDate, Employeeshall receiveTwo Hundred Sixty-two ThousandDollars ($ 262, 000 00) as annual base salary (" Salary") fortheCityAttorneyposition, whichshallbepaidonapro -ratedbasisbid -weekly atthesametimeasotheremployeesof theCity arepaid. Employee's Salaryshallbe subjectto normaland properwithholdingsas determinedby stateandfederallaw, and as determined appropriatebytheCity Council, andshallbesubjectto payrolltaxes, workers' compensation, and other payroll -related liability costs

2.2 Salary Adjustment. Following the annual performance evaluation set forth in Section5.2 hereof, theCity CouncilmayincreaseEmployee's basesalaryandbenefitspackage basedontheresultsof thoseannualreviews. Any adjustmentsin thebasesalaryand/or benefits following the annualperformanceevaluationunderSection5.2 arenot automatican4 instead shallbeatthesolediscretionof theCityCouncil

2. 3 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary gravel, subsistence, and other City related business expenses incurred. byEmployeein theperformanceofherduties. All reimbursementsshallbesubjectto and in accordance with California law, the City' s adoptedpolicies, andIRS rules for reporting compensationthroughpayrollorreimbursementthrough accountspayable 3 Termination3
1 Terminationby Employee. Employee may terminatethis Agreementat: anytime, provided Employeeprovides the Citywith at leastthirty (30) days prior writtennotice, unless such noticeis waivedin wholeor in partby theCityCouncilIn the eventEmployeeterminates this Agreement, Employee expressly agrees that Employeeshall not be entitledto anyseverancepay

3. 2 Terminationby the City. The City may terminatethis Agreementat anytime, with the affirmativevote of at leasta majorityof thetotalmembershipof theCityCouncil, with or withoutcause, by providingwritten notice to Employeeof thesi. me The City'
s rightto terminateEmployeepursuant to thisSection3. 2 shallnot be subjectto, or in any waylimitedby, the City's PersonnelRules and Regulations, or anysubsequentrelated resolutions, or pastCity practicesrelated to theemployment, discipline or terminationof theCity' s employeesEmployee ' expressly waives any rightsprovidedfor the CityAttorneyunder the City's PersonnelRules and Regulations, Municipal Code, or underother local, state or federallaw relatedto anyformof pre- or post -terminationhearing, appeal, or other administrativeprocess pertaining to terminationNothing herein shall be construedto createa propertyinterest, where one doesnot existby ruleof law, in thepositionof CityAttorneya) Terminationby theCityfor CauseThe City may terminatethis Agreementat anytimeby providingEmployee with prior wnttennotice of theterminationfor causeand the facts and groundsconstitutingsuch causeThe term " cause" shall be definedto includeany sustained finding of misconductmaterially related to performanceof officialduties, including, but 3 L:\
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not be limited to, any of the following. ( 1) willful or persistentmaterial breach of duties or inattention to duties, ( 2) resumefraud or other acts of material dishonesty, (3) unautho! ized or excessive absence or leave, ( 4) conviction of a misdemeanorinvolving moral turpitude (i e., offenses contrary to justice, honesty, or morality) or abuseof position as City Attorney, ( 5) conviction of a felony under California law, ( 6) violation by Employee of the City' s anti -
harassmentandanti -discrimination policies, asmaybeamended, (7) violation of state law, ( 8) use or possessionof illegal drugsin violation of statelaw and/or City policy, (9) continued puse of
non-prescriptiondrugsor alcoholthatmaterially affectsthe performanceof requireddutiepasCity Attorney, ( 10) engagingin conductunbecomingfor apublic official or which bnngs disreputeto the City, ( 11) anyillegalorunethicalactinvolvingpersonalgain, includingconvictionof theft or i
attempted theft, ( 12) Employee' s significant mismanagement of City finances, ( 13) anypatternof repeated, willful andintentionalinsubordinationof theCity Council'slawful directives, (14) gross misfeasance or gross malfeasance, ( 15) failure to comply with the ICMA Codeof Ethics, asmay be amended, or ( 16) anysimilarlawfulcauseForanyoftheforegoing, the City may, in its discretion, placeEmployeeon paid or unpaid administrative leave until resolution. If, City terminates, for cause, this Agreement and the services of Employee hereunder, then the City shall haveno obligation to payEmployeeany severancepursuantto Section4, below b) Terminationby the City without Cause The City may terminateEmployee without cause, but ratherbasedupon any lawful managementreasonsuch asimplementing the City' s goals or policies, including, but not limited to ( i) changeof administration, or ( ii) incompatibility of managementstyles, or for anyotherlawful reason, or no publicly statedreason.

In the event Employeeis terminatedwithout cause, Employee expresslyagreesEmployee shall not be entitled to any severancepay asthe result of the termination of this Agreementexcept as provided in Section 4 1 below
4 Severance
4 1 SeverancePay. In the event Employee is terminated without cause andEmployee doesnotchallengesuchtermination, including, butnotlimitedto, by meansof appealor civil or administrative claim or " liberty - interest" hearing, then the City shall pay to Employee severancein an amount equalto Employee's monthly basesalary (annual Salary diviidedby twelve ( 12)) then in effect multiplied by nine ( 9) Notwithstandinganyotherprovisionsof this Section4 1, if suchproposedseverancepaymentexceedstheamountauthorizedtobepaidunder GovernmentCodeSection53260, thentheamountpaidtoEmployeeshallbereducein the amountnecessaryto comply with suchstatute (Government Code Section 53260 prod' des all contractsof employmentwith a city mustincludea provisionlimiting the maximuhncash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen ( 18) months if the unexpired term exceeds eighteen ( 18) months) The severance payment shall not includethe monetaryvalue of benefitsduring saidtime, but salaryonly 4 L:\ca\djm\Agreements\EmploymentAgreements\City Attorney\Y Garcia.EmploymentAgreement04 19.22.Final.docx Regular Redlands Meeting of 07-05-2023
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4. 2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no obligationtopaytheseveranceprovidedforinSection41aboveAsprovided. in Section3 1, if Employee initiates termination of this Agreement, then the City shall have no obligation to pay the severanceprovided for in Section 41 above
4 3 SoleRights. Theseverancerightsprovidedin this Section4 shallconstitutethe sole and only entitlement of Employee with respect to severancepay in the event of the termination, otherthanfor causeor by expirationof this Agreement. Employeeexpressly aives anyandall otherrights with respectto severancepay exceptasprovided herein. 5 Performance Evaluations
5 1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee Nothing herein shall be deemedto alter or
changethe employmentstatusof EmployeeasCity Attorney (assetforth in Section1 6 above), nor shall this Section 5 be construedasrequiring " cause" to terminate this Agreement, or the services of Employee hereunder

5. 2 Annual Evaluation. The City Council shall endeavorto conduct a formal or informal review andevaluatethe performanceof Employee on an annualbasiswithin thirty (30) daysbefore the anniversarydateof the Effective Date of this Agreementin eachyear during the term hereof. Suchperformancereviewandevaluationmaybe conductedconcurrentlywith an annualbasesalaryreviewprovidedforinSection22hereof, andinaccordancewiththepurpose noted in Section 5 1 above
6 Benefits and Other Compensation
6 1 Professional Development. The City recognizes its obhgation to the professional development of the City Attorney, and agreesEmployee shall be given adequate opportunities to develop and maintain skills and abilities as the City Attorney Employee is expected and encouragedtoanddoesagreetoparticipateinprofessionalorganizationsandtoattendLocal and
regionalmeetingsandconferencesrelatedto mattersof interestto the City consistentwith h
the time
requiredfor suchattendancein relationshipto Employee'sotherresponsibilitiesasdeterminedby the City Council The City Council herebyagreesto budgetan amount, to be determinedin the exerciseof its sole discretion, to pay the cost, travel and subsistenceexpenseof Empoyee for professional and/or official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for the! City All out-of-stateprofessionaland/or official travel by Employee shallbe pre -approved, in iriting, by City' s Mayor and Mayor Pro Tem. Employee shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of file duties
hereunderTheCity agreesto paythe annualprofessionalduesandsubscriptionsnecessaryfor full participation in national, regional, state, or local associations and organizations necessary and desirablefor thebestinterestsof the City, andfor Employee'scontinuedprofessionalparticipation and advancement. To authonzethe City's annual costs relatedto Employee's continued 5 L:\ca\djm\Agreements\EmploymentAgreements\City Attorney\Y Garcia.EmploymentAgreement04.19.22.Final.docx Regular Redlands Meeting of 07-05-2023
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professionaldevelopment, theanticipatedcostsshallbeincludedbyCityin theCity'sadoptedor amendedannualbudget. TheCity Councilis theapprovalauthontyfor theCity'sannualbudget.

At a minimum, that may include Employee' s State Bar dues, Mandatory ContinuingLegal Education ( MC. R), professionalduesformembershipwiththeLeagueofCaliforniaCities (LCC), aswell as including travel expensesandregist.iation for attendanceat the annualLCC General Membership conference ( LCC' s Annual Conference), and the annualLCC City Attorney conference,
6 2 PaidAnnualLeave. Employeeshallbe entitledto paid annualleave ("Annual Leave") at an accrual rate of fifteen and seven one -hundredths ( 15 07) hourspro ratan` perpay penod. Employee'sAnnualLeaveisinclusiveofallotherleavebenefitsincluding, butnotlimited to, sickleave, executiveleave, andvacation. Uponseparation, foranyreason, Employeeshallbe entitledto onehundredpercent (100%) ofEmployee'sunusedAnnualLeavebalancethenexisting, at Employee's thencurrenthourly rate of pay, subjectto normaland properwithho dings as determined by stateandfederal. law, andshallbe subjectto payrolltaxes, workers' compensation, and otherpayroll -relatedliabilitycosts in thesamemanneras otheremployeesof theCity The
maxipnum
Annual Leave balanceshall be ninehundred (900) hours. Employeeshall not accrueAnnual Leave abovenine hundred (900) hoursI a)
Holiday Leave. Employeeshall be grantedthe followingtwelve ( 12) holidays New Year' s Day, MartinLuther King Day, President's Day, MemofialDay, Independence Day, LaborDay, ColumbusDay, Veteran's Day, ThanksgivingDay, Day after Thanksgiving Day, ChnstmasEve andChristmasDay i b)
Conversionof Leave. Employeemay electto convertup to threehundredninety- two (392) hoursof AnnualLeaveearnedin thefollowingcalendaryear to cash -o bepaiddunngthe firstweekof May, the firstweekof Septemberand thelastweekof Decemberof eachyear Thiselectionis irrevocableand maynotbechangedafter theelectionis madeOnlyamountsearnedin thecurrentyear priorto thecashout datemaybe electedto convertinto cash. A totalof fifty ( 50) hoursof annualleave must be on thebooksat thetimeof the "cash -out" date in orderfor paymentto be made. If Employeedoes not havethe electedamount of hoursavailableat thetime of payout, they will be paidthe hoursthat are availableabove the fifty (50) hoursrequiredto remainon the books6. 3 Health and WelfareBenefits. Employeeshall be entitledto certainrghts and privileges regardinghealth, welfareand benefitsas setforthin Exhibit "A" to thisA eement. 6 4 Retirement. Employee is a ClassicMember, as definedby ¶ a1PERSAccordingly, Employeeshall be entitledto participatein theCity's Ca1PERSRetirementProgramwith the 2% at 55 formula. 6 5 DeferredCompensation. Employee is eligibleto participatein theCity's 457and 401(a) deferredcompensationprograms The City will contribute, annually, the sumof OneThousandOne HundredTwenty -Five Dollars ($1, 125) and the sumof twopercen (2%) of Employee' s Salary, to Employee's 401(a) deferredcompensationplan. L:\ ea\djm\t. greementsan io ent 6
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6 6 Automobile Employee shall receive Three Hundred Dollars ($ 300 00) perjmonth asvehicleallowanceto reimburseEmployeefor useof a personalvehiclein connectionwith recognized official duties The allowancewill bepaid in the regularpayroll processwith,' Salary beginning with the first payroll paid subsequentto the Employee's commencemett date consistentwith the paymentmethodof allowancesprovidedto otheremployeesof the City The allowance is subject to payroll taxes and other payroll -related liability costs in the same manner as other employees of the City Employeeshall be responsiblefor anypersonalincometax that mayresultfromthatreimbursement.
6 7 Bonding. TheCityshallbearthefull costofanyfidelityorotherbondsrequired for Employee under any law or City ordinance
6 8 FlexibleSpendingAccount. TheCity providesa FlexibleSpendingAccount FSA) programatEmployee'ssolecostandexpense (employeecostmaybeincometaxdeferred in accordance with IRS regulations) ExpensesthatmaybereimbursedusingtheFSAprogram includechildcare, medicalexpensesnot coveredby insuranceplan, orthodonticwork, andsimilar qualifying expenses
6 9 Business Equipment. The City will provide to Employee any job -related personal tools or equipment, such as a computer, desk, land -line phone, file cabinets, table chairs, and books that serve the professional development of Employee and/or is needed to perform Employee's functions and duties Upon termination, for any reason, Employee shall returnall businessequipmentto t he City no laterthanEmployee's last dayof employment.

The City shallprovide a City -ownedcell phonefor City -relatedbusinessand functions during, before and after normal work hours TheCity shallpayfor anyexpensesrelatedto initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistentwith control proceduresfor other City employees 7 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performanceof Employee's servicesunder this Agreement. This section shall not apply to any intentionaltortorcrimecommittedbyEmployee, toanyactionoutsidethecourseandscope of Employee' s employment, or any other intentional or malicious conduct or gross negligence of Employee
8 Other Terms - Conditions of Employment. The City Council, in consultation with Employee, shall establish any such other terms and conditions of employment asit may !determine from time to time, provided such terms and conditions do not exceed the maximum `salary and benefitsapprovedby the City Councilandarereducedto writing and signedby Emploiee andthe Mayor of the City
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9 General Provisions
91 Entire Agreement. This Agreement represents the entire Agreement and understanding between the Parties and supersedes any and all other agreements and understandings, either oral or in wnting, between the Parties with respect to Employee' s employmentby the City andcontainsall of thecovenantsandagreementsbetweentheParrieswith respectto such employment. No ordinancesor resolutions of the City governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, havebeenmadeby eitherParty, or anyoneactingonbehalf of eitherParty, which arenot embodied herein, andthat no other agreement, statementor promisesnot containedin this Agreementshall bevalid or binding upon eitherParty

9. 2 Amendment. ThisAgreementmaybeamendedatanytimebythemutualconsent of thePartiesby aninstrumentin wnting, which amendmentshall require City Council approval

9. 3 Notice. Any notice or other communicationrequired, or which may begiven, pursuantto thisAgreement, shallbein wnting. Any suchnoticeshallbedeemeddelivered (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 actualdelivery dateif depositedwith an overnightcouner; or iv) on the datesentby facsimile, if confirmedwith a copy sentcontemporaneouslyby first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or suchotheraddressas a Party mayprovidenotice in accordance with this section.

CITY. EMPLOYEE.

City Clerk Yvette M. Abich Garcia
City of Redlands Address on file with City
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
Redlands, CA 92373
9 4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engagein anybusinessor transactionor maintainafinancial interestwhich conflicts, or reasonably might be expected to conflict, with the properdischargeof Employee's dutiesunderthis Agreement. Employee shall comply with all requirementsof law, including but not limited to, Sections87100 et seq., Section 1090 and Section 1126 of the Government Code, an all other similar statutory and administrative rules.
9 5 Effectof Waiver. Thefailureof eitherPartyto insistonstrictcompliancewith any of theterms, covenants, or conditionsof this Agreementby the other Party shallnot be deemeda waiver of that teen, covenant, or condition, nor shall anywaiver or relinquishmentof anyright or powerat anyonetime or timesbe deemedawaiver or relinquishmentof that nght or powerfor all or any other times
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9 6 PartialInvalidity. If anyprovisioninthisAgreementisheldbyacourtofcompetent jurisdictionto be invalid, void or unenforceable, the remaining provisions shall nevertheless continuein full forcewithoutbeingimpairedorinvalidatedin anyway 9 7 GoverningLaw. ThisAgreementshallbegovernedbyandconstruedinaccordance withthelawsof theStateof California, whicharein full forceandeffectasof theEffectiveDate of this Agreement.
9 8 Government Code Sections 53243 - 53243. 4. Government Code sections 53243 - 532434 soughtto providegreatertransparencyin local governmentandinstitutecertain limitations on compensationpaid to local government executives Those statutes require that contracts between local agencies and certain employees include provisions requiring an employeewhois convictedof acrimeinvolvinganabuseofherofficeorpositiontoprovide" reimbursement to the local agency Those statutes are incorporated herein by reference Accordingly, thePartiesagreethatit istheirmutualintenttofullycomplywiththeseGovernment Codesectionsandall otherapphcablelaw asit existsasof the dateof executionof this Agreeffient and as such laws may be arnendedfrom time to time thereafter Specifically, the following GovernmentCodesectionsarecalledoutandherebyincorporatedby thisAgreement:

Section 53243 Reimbursementof paidleavesalaryrequireduponconvictionof cnme involving office or position.

Section 53243 1 Reimbursement of legal criminal defense upon conviction involving office or position.
of crime
Section 53243 2. Reimbursement of cash settlement upon conviction of cnme involving office or position.

Section 53243 3 Reimbursement of non -contractual payments upon conviction or crime involving office or position.

Section 53243 4 " Abuseof office or position" defined.

EmployeerepresentsEmployeehasreviewed, is famiharwith, andagreesto complyfully with eachof these provisions if any of theseprovisions are applicable to Employee, including that Employeeagreesanycashsettlementor severancerelatedto aterminationEmployeemay receive fromtheCity shallbefully reimbursedto theCityif Employeeis convictedof acameinvolving anabuseof Employee'soffice or position.
9 9 Independent Legal Advice. The City and Employee represent and arrant to each other that each has received legal advice from independent and separate legalcounsel withrespecttothelegaleffectofthisAgreement, orhadtheopportumtytodoso, andthe City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital This Agreement shall not be construed against the Partyor its representativeswho draftedit or who draftedany portionthereof 9 L:\ ca\djm\Agreements\Employment Agreements\City Attorney\ Y Garcia.F.mployment Agreement 04 19.22.FinaLdocx Regular Redlands Meeting of 07-05-2023
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9 10 Prohibition against Assignment. Neither this Agreementnor anyright, privilege or obligationof Employeehereundershallbeassignedor transferredby him withoutthepnor written consentof the City Council Any attempt at assignment or transfer in violationfof this subsectionshall, in the solediscretionof andat the option of the City Council, be null a d void and may beconsideredamaterialbreachof thisAgreementand "cause" for termination1of this Agreement.
9 11 Severabihty If anyprovisionofthisAgreementis heldby acourtof coniktelit jurisdiction to beinvalid, void or unenforceable, the remainingprovisions shallnevertheest continuein full force andeffectwithout being impairedor invalidatedin anyway 10 L:\ca\djm\AgreementslEmploymentAgreements\City Attorney\Y Garcia.EmploymentAgreement04.19.22.Final.docx Regular Redlands Meeting of 07-05-2023
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IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and Employee has signed and executed this Agreement, all m triplicate CIT ? LANDS
Paul T Banch, Mayor
ATTEST
By
ne Donaldson, City Clerk

EMPLOYEE
By z7
ette M Abich Garcia
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Exhibit " A"
Additional Benefits
Medical Insurance — City paysthe entiremonthly premiumfor employeesandtheir eligible dependents through PERS Health The City shall provide a stipend of $ 350 per month if Employee opts out of medical insurance due to alternative medical coverage Dental Insurance — City paysthe entiremonthly premiumfor employeesandtheir eligible dependents
Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents
150peryearto offset medical insuranceco -paymentsand/or deductibles Life Insurance - $ 25, 0p0
Accidental Death & Dismemberiiicrlt Insurance - '$ 25,000 StateDisability Insurance — All costspaidby employee
Credit Union
EmployeeAssistanceT'rograin
Upon retirementfrom the City andCa1PERS, employeewill be eligible for med. cal coverage as provided through Ca1PERS The City will contribute $ 397 per month towards the medical premium.

Tuition Reimbursement - $ 2,500peryearreimbursementforcoursessuccessfullytaken at an accredited institution
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City Council/Successor Agency Meeting L. 3.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Memorandums of Understanding negotiated by City staff between the City of Redlands and the Redlands Professional Firefighters Association Redlands, the Redlands Police Officers Association, 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 Memorandums of Understanding between the City of Redlands and the Redlands Professional Firefighters Association, the Redlands Police Officers Association, and the Redlands Civilian Safety Employees Association.

RECOMMENDATION:

Staff recommends that council approve the Memorandums of Understanding between the City and the Redlands Professional Firefighters Association, the Redlands Police Officers Association, and the Redlands Civilian Safety Employees Association.

DISCUSSION:

The City's negotiating team and members of the Redlands Professional Firefighters Association, the Redlands Police Officers Association, and the Redlands Civilian Safety Employees Association have met to negotiate their Memorandums of Understanding (MOUs) for the period of July 1, 2023 through June 30, 2026.

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All represented units received a seven percent salary increase for the first year of the contract and two percent salary increases in both years two and three.

Other changes include elimination of the two-tier benefit contributions, increases in deferred compensation, the establishment of a medical trust for retiree health, increases in vacation accruals, and the addition of educational, training, and professional development incentives.

The parties have reached agreement and the MOUs have been prepared and are attached for the City Council’s consideration.

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
Danielle Garcia, Management Services/Finance Director
James Garland, Assistant Director, Finance
Joseph Valdivia, RPOA President
Brent Fuller, RPFA President
Amy Varela, RCSEA President
PREPARED BY:

Tommi Ng, Assistant Director, Human Resources/Risk Management Fiscal Impact
Fiscal Year: FY2024-26
Revenue Generating: No
Appropriation Required Y/N: No
Account No.: Various
Discussion:

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Summary of Financial Impact:

FY2024 FY2025 FY2026 3-Year Total
General Fund $4,066,180 $4,749,224 $5,372,909 $14,188,313 Notes:

The Fiscal Impact above relates specifically to the RPOA, RPFA, and RCSEA MOU's.

1. These amounts include base salary increases, elimination of the two-tier benefit contributions, and other MOU incentives.

2. Calculations include fully burdened staffing costs such as base salaries, pension costs, and other employer-paid benefits.

3. Staff will incorporate the financial impact above in the 2023-2024 mid-biennium review process. During this review, staff will be updating revenue and expenditure projections accordingly. Additional appropriations will also be made, if warranted, and taken to the City Council for consideration.

Attachments
RPOA MOU Redline
RPOA MOU 23-26
RPFA MOU Redline
RPFA MOU 23-26
RCSEA MOU Redline
RCSEA MOU 23-26
Salary Range Tables 23-24
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12054215.2 RE035-036

M

EMORANDUM OF
U

NDERSTANDING

BETWEEN

CITY OF REDLANDS

AND

Redlands Police Officers
Association

JULY 1, 2023 – JUNE 30, 2026

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 2 12054215.2 RE035-036

MEMORANDUM OF UNDERSTANDING

B ET WE EN
City of Redlands
A N D
Redlands Police Officers Association

July 1, 2023 – June 30, 202 6

Article 1: Term Of Agreement ................................................................................................................................. 4 Article 2: Preamble .................................................................................................................................................. 4 Article 3: Recognition .............................................................................................................................................. 4 Article 4: Salaries ..................................................................................................................................................... 4 Article 5: Retirement ............................................................................................................................................... 4 Article 7: Post Certification Pay ............................................................................................................................... 5 Article 8: Overtime Compensation .......................................................................................................................... 5 Article 9: Reimbursement of Educational Expenses ................................................................................................ 6 Article 10: Mobile Device Pay .................................................................................................................................. 7 Article 11: Bilingual Pay ........................................................................................................................................... 7 Article 12: Court Pay/Call Back Pay ......................................................................................................................... 7 Article 13: Longevity Pay (City of redlands) ............................................................................................................. 8 Article 14: Crime Scene Technician Pay ................................................................................................................... 8 Article 15: Field Training Officer Pay ....................................................................................................................... 8 Article 16: Shift Differential Pay .............................................................................................................................. 8 Article 17: 401 A Plan .............................................................................................................................................. 8 Article 18: Representation ....................................................................................................................................... 9 Article 19: health Benefits ....................................................................................................................................... 9 Article 20: Dental Insurance .................................................................................................................................... 9 Article 21: Vision Insurance ..................................................................................................................................... 9 Article 22: Retiree Insurance Benefits ..................................................................................................................... 9 Article 23: Life insurance ....................................................................................................................................... 10 Article 24: State Disability Insurance ..................................................................................................................... 10 Article 25 Vacation ............................................................................................................................................... 11 Article 26: Accrued Vacation Time Sell Back ......................................................................................................... 11 Article 27: Sick Leave ............................................................................................................................................. 11 Article 28: Holidays ................................................................................................................................................ 12 Article 29: Bereavement leave .............................................................................................................................. 12 Article 30: Military Leave ...................................................................................................................................... 12 Article 31: Compensatory Time off ........................................................................................................................ 13 Article 32: Leave of Absence without Pay ............................................................................................................. 13 Article 33: Family Leave ......................................................................................................................................... 13 Article 34: Workweek ............................................................................................................................................ 13 Article 35: Police Duty-Other than Municipal Duty ............................................................................................... 13 Article 36: Corporal Rank ....................................................................................................................................... 14 Article 37: Lateral Hire Incentive Policy ................................................................................................................. 14 Regular Redlands Meeting of 07-05-2023
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Article 38: Longevity Pay (PEACE OFFICER) ............................................................................................................ 14 Article 39: K-9 Pay .................................................................................................................................................. 15 Article 40: No Strike Provisions .............................................................................................................................. 15 Article 41: Prevailing Benefits ............................................................................................................................... 15 Article 42: Savings Clause ...................................................................................................................................... 15 Article 43: Management Rights ............................................................................................................................ 16 Article 44: Death of Employee ............................................................................................................................... 16 Article 45: Zipper Clause ........................................................................................................................................ 16 Article 46: Release Time ........................................................................................................................................ 16 Article 47: Working Out of Classification .............................................................................................................. 16 Article 48: Reopeners............................................................................................................................................. 17 Article 49: Employee Conduct, Discipline and Grievance Procedures ................................................................... 17 Article 50: Third Party Arbitration Process for Disciplinary Appeals and Greivance Appeals ............................ 21 Article 51: Grievance Procedures .......................................................................................................................... 24 Article 52: Signatures ............................................................................................................................................ 26

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Article 1:

TERM OF AGREEMENT

Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2023 and shall expire on June 30, 2026.

Article 2:

PREAMBLE

It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Redlands (hereinafter referred to as “City”) and the Redlands Police Officers Association (hereinafter referred to “Association”).

Article 3:

RECOGNITION

The Redlands Police Officers Association is the recognized employee organization for all sworn personnel (hereinafter referred to as “affected employees” or “unit members”) employed in the Police Department except for those employees occupying the classifications of Lieutenant, Captain, Commander, Deputy Chief and Chief of Police.

Article 4:

SALARIES

Effective the first full pay period after July 1, 2023, all unit members shall receive a seven percent (7%) increase to base salary over the prior year.

Effective the first full pay period after July 1, 2024, all unit members shall receive a two percent (2%) increase to base salary over the prior year.

Effective the first full pay period after July 1, 2025, all unit members shall receive a two percent (2%) increase to base salary over the prior year.

Article 5:

RETIREMENT

Classic Members

A. All unit members other than "new members" as defined by the PEPRA and/or California Government Code section 7522.04 (f) shall individually pay 9% of "compensation earnable" as defined in Government Code Section 20630, representing the member employee's contribution to CalPERS. These contributions shall, at the time of termination, belong to the employee. All other required contributions to CalPERS for unit members other than "new members" as defined by the PEPRA and/or California Government Code section 7522.04 shall be made by the City.

B. Only as to unit members hired prior to January 1, 2013 or otherwise defined by PEPRA as a Classic Member, the City shall individually provide the following provisions in its contract with the PERS retirement system:

3% @ 50 Retirement Formula
Survivor Continuance
Highest Single Year

New Members

C. The Public Employees' Pension Reform Act (PEPRA) and Application to PEPRA Defined "New Members"

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Unit members who are "new members" as defined by the PEPRA and/or California Government Code Section 7522.04(f), shall be required to pay a PERS member contribution in an amount equal to 50% of the normal cost rate for the Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater, pursuant to Government Code Section 7522.30.

Those new members shall be enrolled in the 2.7% at 57 Benefit Plan, as provided for in Government Code Section 7522.25(e), with a final compensation measurement period of 36 consecutive months as set forth in Government Code Section 7522.32(a), and their retirement benefits shall be calculated based on "pensionable compensation" (Section 7522.10) rather than compensation earnable (Section 20636).

All Unit Members

D. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a pre-tax basis.

E. The City shall report to CalPERS as compensation only the percent, if any, of the Member contribution funded by the City.

Article 6: UNIFORM ALLOWANCE

Upon completion of six (6) months of employment within a Police Department classification, employees in the unit will be provided with a uniform allowance in the amount o f thirty two hundred dollars ($3200) per year. The uniform allowance shall be paid as follows: fifty percent (50%) paid the first week in January of each year and fifty percent (50%) paid the first week in July of each year.

For all unit members other than “new members” (as defined by the PEPRA or Government Code Section 752204(f)), the above amounts shall be reported to CalPERS as special compensation.

Every five (5) years, the City shall reimburse members for the purchase of a custom-fitted load-bearing vest carrier of similar quality to the Blankenship Police Supply Tactical, one pair of high -quality service boots meeting OSHA service requirements, and one pair of safety glasses, collectively in a total amount not to exceed one thousand one hundred dollars ($1100). Unit members must provide detailed receipts of purchase for all of the above items at the same time to Human Resources to begin the reimbursement process.

ARTICLE 7
:

POST CERTIFICATION PAY

Effective the first full pay period after July 1, 2023, members of the unit shall be eligible for an increase in base salary when a POST certificate is earned under the following schedule:

BASIC POST CERTIFICATE 5% of base salary
INTERMEDIATE CERTIFICATE 14% of base salary
ADVANCED CERTIFICATE 22.5% of base salary

(The above percentages shall not be compounded upon each other.)

Unit members shall be responsible for submitting their POST Certification to Human Resources. Compensation will be effective the first full pay period following submission of POST Certification to Human Resources.

ARTICLE 8:

OVERTIME COMPENSATION

A. FLSA Overtime
The City provides a 3/12.5 work schedule as set forth in Article 31 of this MOU. Accordingly, the Regular Redlands Meeting of 07-05-2023
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City has also previously elected a FLSA 7(k) work period of 28 days (maximum non -FLSA overtime hours of 171) as applicable to all law enforcement personnel in the represented unit. Payroll will provide RPOA with a 28 day pay period calendar by December 15 of the year prior for the entire next calendar year. For example, RPOA will receive a list of 2024 calendar year 28 day pay periods by December 15, 2023.

The City shall pay each employee premium overtime compensation (time and one-half the employee's regular rate of pay, as that term is used in the Fair Labor Standards Act) for all hours worked in excess of 171 hours under the FLSA 7(k) 28 day work period.

All paid leaves, including, but not limited to, vacation leave, compensatory time off, holiday leave, sick leave and industrial injury (IOD) leave shall not be counted as hours worked towards reaching the 171 hour FLSA 7(k) overtime threshold.

B. Pay Back Hours

In an attempt to provide balanced paychecks to RPOA members during each pay period, the City agrees to pay five (5) "pay back hours" to members every pay period in which a payback shift is worked. Members shall bank 5 (five) straight hours of pay back hours to be paid on the paycheck where the member did not work the "pay back shift". The pay back hours shall only be counted as hours worked towards reaching the 171 hour FLSA 7(k) overtime threshold if the member actually worked those hours in the 28 day work period; and shall be counted in the pay period in which the banked hours were worked, not necessarily in the pay period in which the hours are paid .

C. Agreed Upon Overtime

The City shall pay each unit member "agreed upon" overtime compensation at a rate of time and one- half the employee's regular rate of pay, as that term is used in the FLSA, for the following hours worked:

1. Daily Overtime - Hours worked in excess of the employee's scheduled shift.

2. Court Pay/Call Back Pay -As defined in Article 12.

3. Billed Overtime - Hours worked which are 100% compensated at a 1.5 times regular hourly rate by a third party.

4. Non-Regularly Scheduled Shift Hours - Hours worked on a shift that is not scheduled in the unit member's regularly scheduled workweek.

ARTICLE 9
: REIMBURSEMENT OF EDUCATIONAL EXPENSES

Each unit member enrolled in a degree program on or before November 4, 2014, shall be entitled to tuition reimbursement for courses, books, and other learning aid while attending an accredited school of higher learning.

The course(s) must be career related, must be necessary for obtaining a degree, must be pre -approved by the unit employee’s department head and the unit employee must earn a passing grade to receive reimbursement.

Those unit members enrolled in a degree program on or before November 4, 2014 shall receive 100% reimbursement for the actual cost of degree program-related fees, including tuition and books, in an amount charged by the University of California, Riverside, for the same or similar courses.

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Riverside, for the same or similar courses. However, any such unit member shall not receive reimbursement in excess of Two Thousand dollars ($2,000) in any one fiscal year.

Upon the approval of the Chief of Police or his/her/their designee and the Human Resources Director, a unit member may use up to one-thousand dollars ($ 1,000.00) per year of their available $2,000 per fiscal year tuition reimbursement for attendance at a seminar or conference for the purpose of professional development. That $1,000 per year amount may be applied for hotel and travel expenses related to the attendance at such a seminar or conference.

Unit members are responsible for coordinating approval and/or any request for time off of work with the Department Head or his/her designee.

ARTICLE 10:

MOBILE DEVICE PAY

All unit members who are required to carry a mobile device for the benefit of the City shall receive one hundred dollars ($100) per month in addition to their regular base salary. The department head shall determine which members shall be required to carry mobile devices. All employees receiving this incentive shall be required to carry the mobile device at all times.

ARTICLE 11:

BILINGUAL PAY

Unit members are eligible for bilingual pay in accordance with the City's Bilingual Pay Program and as set forth below. Authorized employees shall receive additional compensation in the amount of One Hundred Dollars ($100) per month.

Up to 16 officers will be eligible to receive bilingual pay for Spanish, at the discretion of the Chief of Police or his/her/their designee.

For Chinese, Arabic, Vietnamese, Indonesian, and Tagalog, the Police Chief has the discretion to approve up to 2 officers for each language; for other languages, the Police Chief has the discretion to approve up to 1 officer; the Police Chief can make recommendation(s) for additional persons to be approved or denied by Human Resources.

All officers approved for bilingual pay must take and pass appropriate testing administered by Human Resources.

ARTICLE 12:

COURT PAY/CALL BACK PAY

A. Unit members who are called to duty or who actually appear pursuant to a lawfully issued subpoena to testify during their off-duty hours shall be compensated for all hours actually worked plus three (3) hours, at time and one- half (1 1/2) their regular rate of pay. Unit members who work a night shift which ends on the day of a court appearance shall be compensated as set forth above unless their shift is extended for a call for service or other emergency up to the time subpoenaed for court.

B. A unit member whose work schedule is changed with less than seventy-two (72) hours advance notice, except in the event of a bonafide emergency situation, (i.e., earthquake, flood or natural disaster) shall be paid for all hours worked, plus three hours at time and one half the employee's regular rate of pay, for each such shift.

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C. A unit member who is scheduled for duty, physically in the building prior to his or her shift, and who is called to work early shall not be deemed to have been called to duty and shall not be eligible for the three (3) hours compensation at time and one-half the employee's regular rate of pay. In lieu thereof, that employee shall be entitled to overtime compensation at time and one-half the employee's regular rate of pay for all hours worked prior to the commencement of his or her regularly scheduled shift.

D. Unit members who so elect may, in lieu of receiving compensation for court pay/call back pay, apply those hours for which they would be compensated to the 5 "additional" hours per pay period associated with the 3/ 12 work schedule.

ARTICLE 13:

LONGEVITY PAY (CITY OF REDLANDS)

Effective January 16, 2018, after fourteen (14) years of continuous service with the City of Redlands, unit members shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.

In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step after fourteen (14) years of service, the employee will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.

Effective January 16, 2018, after nineteen (19) years of continuous service with the City of Redlands, unit members shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.

The modifications made to this section in the 2023 MOU are for clarification only and not intended to substantively change the benefits provided herein.

ARTICLE 14:

CRIME SCENE TECHNICIAN PAY

Unit members in the unit assigned to Crime Scene Technician duty shall be compensated with an additional one and one-half hours of pay per pay period at time and one-half. Eligibility for Crime Scene Technician Pay will be determined by the Police Chief or his/her designee.

ARTICLE 15:

FIELD TRAINING OFFICER PAY

When a unit member is assigned to be a Field Training Officer (FTO), during the time that a sworn police trainee is assigned to the FTO, the FTO shall be eligible to receive FTO pay in the amount of five percent (5%) of base salary per pay period at straight time.

ARTICLE 16:

SHIFT DIFFERENTIAL PAY

All employees who work a majority (51% or more) of their assigned shift between the hours of 5:30 PM and 7:30 AM shall receive shift differential pay equal to 2.5% of their base salary plus any POST Certificate Pay for their entire work shift. This shift differential pay shall be provided for any shift, regardless of overtime, an otherwise worked shift, or the employee’s regular schedule.

ARTICLE 17:
401 A PLAN
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The City agrees to make a contribution in January of each year, on behalf of each Unit employee in the amount of one thousand, two hundred dollars ($1,200) per year to the employee’s City sponsored 401(a) deferred compensation plan. For new Unit employee s, and employees transferring into the Unit, the amount shall be prorated on a monthly basis for period of service within Unit.

ARTICLE 18:

REPRESENTATION

The City agrees that any Unit employee involved in or witness to a lethal force encounter shall be provided with a legal representative upon request prior to any questioning and/or prior to providing a verbal or written statement.

ARTICLE 19:

HEALTH BENEFITS

A. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninety - seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute a n amount through the City’s cafeteria plan that is equal to the difference between the City’s minimum contribution and the following amounts:

July 1, 2023 January 1, 2024 January 1, 2025
Employee Only $ 750 $ 775 $ 800 Employee +1 $ 1,500 $ 1,550 $ 1,600 Family $ 1,950 $ 2,025 $ 2,100

B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical premiums, expenditures covered under F lexible Spending Accounts, and post employment health plan.

C. The city agrees to provide a stipend of $350.00 on a monthly basis for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.

ARTICLE 20:

DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan, or its equivalent, for each unit member and their eligible dependents.

ARTICLE 21:

VISION INSURANCE

The City agrees to contribute the entire monthly premium for unit members and their eligible dependents for a vision insurance plan with VSP Vision Services or its equivalent.

ARTICLE 22:

RETIREE INSURANCE BENEFITS

A. For all unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the city council on September 5, 1989.

B. For unit members hired prior to November 4, 2014 , upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with the City of Redlands and who qualify as annuitants under PEMHCA, the City shall contribute to a retiree health savings account the difference Regular Redlands Meeting of 07-05-2023
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between the PEMHCA minimum and the cost of medical, dental and vision insurance premiums for the employee, spouse and eligible dependen ts under the Association's current medical insurance program existing at the time of retirement (“lifetime health insurance”) . This lifetime health insurance shall be at no cost to the retired employee and shall cover the employee, spouse and eligible dependents.

In the alternative, at the sole discretion of the unit member, those unit members hired prior to November 4, 2014, upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with the City of Redlands, may elect to cash in unused sick leave at two percent (2%) for each year's service at the prevailing hourly rate.

At retirement , unit members h i r e d p r i o r t o N o v e m b e r 4 , 2 0 1 4 , b u t with less than fifteen (15) years service with the City have the option of cashing in unused sick leave at the prevailing hourly rate for future medical for employee and eligible dependents until said funds are exhausted or cash in unused sick leave, at the prevailing hourly rate, at two percent (2%) for each year of service with the City. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied towards the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy.

C. Unit members hired after November 4, 2014 who achieve fifteen (15) years of service and who qualify as an annuitant under PEMHCA shall be entitled to a “medical bridge” program for themselves upon retirement from the City until they become Medicare-eligible. Under the “Medical Bridge,” the City will contribute the difference between the PEMHCA minimum and the cost of employee-only coverage for the least expensive equivalent health, vision and dental insurance plan as provided by the City to it s then existing unit members through the CalPERS medical plan until the employee reaches the age of Medicare eligibility at which time the benefit will cease and employees will only receive the three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989 . Unit employees who receive the medical bridge program can select coverage for dependents, however, the additional cost must be paid for by the respective Unit employee and will not be paid for by the City.

D. Unit members hired after November 4, 2014 who do not achieve fifteen (15) years of service shall only be entitled to receive the three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.

No change made to this MOU (July 1, 2023-June 30, 2026) is intended to negatively affect or diminish any rights of employees for whom the Association is or was the recognized employee organization regardless of whether they retired prior to the effective date of this MOU.

ARTICLE 23:

LIFE INSURANCE

The City agrees to continue to provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) per unit member. Unit members at their option and expense will be allowed to purchase additional increments of life insurance at the City's lower group rate.

ARTICLE 24:

STATE DISABILITY INSURANCE

Participation in the State Disability Insurance (SDI) program shall be optional and all costs, funding, and premiums associated with participation in SDI shall be paid entirely by the participating unit members.

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ARTICLE 25

VACATION

Vacation shall accrue for unit members based on the following schedule:

YEARS/MONTHS YEARS

OF SERVICE
HOURS
1 - 4 (0-59 months) 80
5-6 (60-83 months) 120
7 -8 (84 – 107 mos.) 128
9 –10 (108-131 mos.) 136
11–12 (132–155) 144
13 – 14 (156-179) 152
15 – 16 (180-203) 160
17 – 18 (204-227) 168
19+(228 months+) 176
ARTICLE 26:

ACCRUED VACATION TIME SELL BACK

On November 30 th of each year, unit members who have utilized any portion of their floating holidays, shall deposit all vacation hours over 300 into the 401(a) plan up to the maximum allowed by law. If more than 300 hours remain in a unit member’s bank , including after the 401(a) conversion, those hours will remain in the bank for future use or conversion.

On November 30 th of each year, unit members may make an irrevocable election to cash out vacation hours earned in the following year. Only hours earned in the following year may be paid out. The payout will be made the following December. The election is irrevocable and cannot be changed once the election is made.

All cashed out or converted hours will be paid at the unit member’s regular FLSA rate including any eligible post certification pay.

ARTICLE 27:

SICK LEAVE

A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.

B. BUY-BACK: In November of each calendar year, each unit member may elect to be paid for each sick leave day accumulated during the following calendar year, according to the following table:

YEARS OF

SERVICE

MAXIMUM BUY-BACK

HOURS PER YEAR
2-6 48
7 56
8 64
9 72
10 80
11 88
12 96

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pay. The election is irrevocable and may not be changed once the election is made. A total of one ( 1) year's accumulation must be on the books prior to any compensation being paid .

In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance service credit for the purpose of sick leave buyback to new employees at time of hire.

ARTICLE 28:

HOLIDAYS

The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council:

New Year’s Day January 1
Martin Luther King, Jr. Day Third Monday in January
President’s Day Third Monday in February
Cesar Chavez March 31st
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Fourth Friday in November Christmas Eve December 24th
Christmas Day December 25th
Two Floating Holidays

Unit members shall not be allowed to carry holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year shall be paid off during January of the year following the year in which the holidays were accrued. Holidays shall be paid at the rate of pay applicable to the shift to which the employee is regularly assigned and shall include supplemental pay (POST certification pay) which may apply to the specific officer. The City will report to CalPERS the Holida y Cash Out amounts. This amount is derived from an employee ’s left over Holiday Cash Out amount and paid at the FLSA regular rate of pay. The City will report the Holiday Cash Out on an annual basis to CalPERS in January of each year.

Holiday pay shall be compensated at ten ( 10) hours per holiday. Those employees working more than ten (10) hours per day (flexible work schedule) have the option of being compensated for the remaining hour/hours with accrued compensatory time, accrued floating holiday hours or accrued vacation.

ARTICLE 29:

BEREAVEMENT LEAVE

Unit members who suffer a death in their immediate family shall receive four (4) days paid bereavement leave per incident. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse/registered domestic partner: spouse, child, parent, grandparent, g r a n d c h i l d , brother and sister.

ARTICLE 30:

MILITARY LEAVE

The City and the Association agree to adhere to all provisions of Federal and State regulations pertaining to military Regular Redlands Meeting of 07-05-2023
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leave.

COMPENSATORY TIME OFF

Effective July I, I 980, the City shall provide each unit member with the option, at the discretion of the employee, of receiving overtime compensation in the form of compensatory time off (CTO) or cash. Unit members shall be authorized to accumulate no more than three hundred twenty (320) hours of CTO during any calendar year. If at any time during a calendar year, a unit member has already accumulated three hundred twenty (320) hours of compensatory time, then overtime payments shall be made in cash.

Consistent with both the reasonable requirements of police administration and the provision of this paragraph, unit members shall be authorized to utilize the accumulated CTO for any purpose.

Unit members shall be granted the use of compensatory time off when the request to do so is provided to the Department in a reasonable amount of time. Requests for use of compensatory time off may only be denied when the request would unduly disrupt the operation of the Department.

The City agrees that it shall be at the discretion of the unit member to use compensatory time off in lieu of vacation or holiday time.

ARTICLE 32:

LEAVE OF ABSENCE WITHOUT PAY

If a unit member takes more than seven (7) accumulated days of leave without pay in a calendar year, commencing at the beginning of the eighth (8th) day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.

ARTICLE 33:

FAMILY LEAVE

The City will grant family leave in accordance with the Moore-Brown-Roberti Family Rights Act of 1993 (also known as the California Family Rights Act) and the Federal Family and Medical Leave Act.

ARTICLE 34:

WORKWEEK

All unit members assigned to one of the Patrol Teams shall work a 3/ 12 work week consisting of three (3) consecutive work days of 12.5 (twelve and one-half) consecutive work hours, followed by four (4) consecutive days off each week (except instances of shift rotation).

Each unit member shall also work an additional 10 (ten) hour day in each 28 (twenty-eight) day period .

The scheduling of the 10 (ten) hour day shall be at the department's discretion, but every effort will be made to schedule these hours on day/days that is/are contiguous with the Officer's scheduled workweek. Department necessity will be the standard for scheduling of these hours.

All unit members assigned to a unit other than one of the regular Patrol Teams shall work a 4/10 consisting of four (4) consecutive workdays of ten (I 0) consecutive hours followed by three (3) consecutive days off each week or Patrol’s 3/ 12 schedule at the discretion of the Chief.

ARTICLE 35:

POLICE DUTY-OTHER THAN MUNICIPAL DUTY

Effective January 1, 1977, a unit member who performs services for an individual or organization other than the City of Redlands for which the City of Redlands has the right to bill for such services shall be paid at the rate of one and one-half times (1 1/2 ) the then existing hourly rate of the affected employee performing the service.

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ARTICLE 36:

CORPORAL RANK

The City and the Association agree that the rank of Police Corporal shall be assigned the same base wage range as that assigned to the rank of Detective.

ARTICLE 37:

LATERAL HIRE INCENTIVE POLICY

In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance the following to new unit members at time of hire:

A. Sick Leave: An immediate sick leave accrual balance, not to exceed a maximum of 96 hours;

B. Vacation: An immediate vacation accrual balance not to exceed the equivalent of the new employee's annual accrual rate for vacation earned at the time of separation of employment with his or her former agency;

C. Accelerated Vacation Accrual: Accelerating the vacation accrual rate of the new employee by providing him or her credit for service with his or her former agency for purposes of vacation accrual only, not to exceed the maximum of the number of years of service with the former agency(s).

Upon five years of service with the City of Redlands, lateral unit members who have years of service as a peace officer (as defined in Penal Code section 830.1) in the State of California will be allowed to count their years of service for accrual rates for vacation and sick leave.

ARTICLE 38:

LONGEVITY PAY (PEACE OFFICER)

A. For unit members hired prior to January 16, 2018, the City agrees that unit employees who have a c o m b i n a t i o n o f fourteen (14) years of continuous service e i t h e r w i t h the City of Redlands or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California, shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.

In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step, after fourteen (14) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.

The City agrees that unit members hired prior to January 16, 2018 who have a c o m b i n a t i o n o f nineteen (19) years of continuous service e i t h e r w i t h the City of Redlands or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.

In the event that a unit member is not at the 5th Step when he/she is eligible for the 6th Step, after nineteen (19) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 6th Step.

B. For unit members hired after January 16, 2018
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The City agrees that unit members hired after January 16, 2018 who have at least five (5) years of continuous service with the City of Redlands and a c o m b i n a t i o n o f fourteen (14) years of continuous service w i t h the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.

In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step, after fourteen (14) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.

The City agrees that unit members hired after January 16, 2018 who have at least five (5) years of continuous service with the City of Redlands and a c o m b i n a t i o n o f nineteen (19) years of continuous service w i t h the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.

The modifications made to this section in the 2023 MOU are for clarification only and not intended to substantively change the benefits provided herein.

ARTICLE 39:

K-9 PAY

Unit members while assigned to a K -9 Assignment shall receive extra compensation in the form of 3.5 hours of compensatory time off, banked for each pay period during the K-9 Assignment.

ARTICLE 40:

NO STRIKE PROVISIONS

The Association agrees that it will not authorize, instigate, aid, condone, or engage in any strike which will interrupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

ARTICLE 41:

PREVAILING BENEFITS

Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.

ARTICLE 42:

SAVINGS CLAUSE

Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful.

Such equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.

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ARTICLE 43:

MANAGEMENT RIGHTS

The authority of the City includes the exclusive right to determine the mission of its constituent department, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology · of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from requiring employer to meet and confer regarding decisions that may have an effect on wages, hours and working conditions. By agreeing to this provision, neither of the parties intend to waive or limit, in any way, any rights they may have under existing law, including, but not limited to the Meyers- Milias Brown Act (Government Code Section 3500 et seq .)

ARTICLE 44:

DEATH OF EMPLOYEE

If a unit member dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased unit members shall be entitled to benefits as follows:

Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.

In the event the deceased unit member qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.

The City will inter at Hillside Cemetery, at no cost to the unit member or his/her family, any active unit member who dies in the line of duty, or dies from any disease that is recognized by the State of California as being associated with the job of being a public safety officer.

ARTICLE 45:

ZIPPER CLAUSE

The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this MOU, including salaries and benefits, and conditions of employment, and therefore the City and the Association further agree that negotiations will not be reopened on any item during the term of this MOU, except by mutual agreement of the City and the Unit, or as expressly provided otherwise in this MOU.

ARTICLE 46:

RELEASE TIME

The City shall provide a total not to exceed 300 hours per year of paid release time from duty for the conduct of any Association activities as determined in the sole discretion of the Association. An Association member’s time in labor negotiations with the City shall not be included in the 300-hour allocation. The Association shall provide the City with notification of its intent to utilize release time to the Human Resources Division at least seven (7) days prior to the usage.

ARTICLE 47:

WORKING OUT OF CLASSIFICATION

Unit members temporarily required to perform the duties of a higher classification for at least one work week shall receive additional compensation equal to five percent (5%) of the unit member’s regular rate of pay for all hours in Regular Redlands Meeting of 07-05-2023
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which that member is te mporarily required to perform the duties of a higher classification. When a vacancy exists which requires a unit member to perform the duties of a higher classification, that unit member shall have the right to fill such vacancy for the duration of the work week.

ARTICLE 48: REOPENERS

At the request of the Association, and upon mutual agreement of the parties, one or more terms of this MOU may be reopened for further discussion. The lack of mutual agreement to reopen shall not be subject to the g rievance procedure, unfair labor practices before PERB, and/or court action.

ARTICLE 49:

EMPLOYEE CONDUCT, DISCIPLINE AND GRIEVANCE PROCEDURES

SECTION 1 Definition and Objective of Discipline

Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain standards of cooperation and conduct necessary to successfully carry out the service mission of the City organization. The terms “Discipline” and “Disciplinary action” as used herein are intended to be consistent with the term “punitive action” as defined in Government Code section 3303, “any action that may lead to dismissal, demotion, suspension, r eduction in salary, written reprimand, or transfer for purposes of punishment.” Nothing in this section is intended to waive or in any way diminish an employee’s rights under the law, including, but not limited to the Public Safety Officers Procedural Bill of Rights Act (Government Code section 3300 et seq, “POBRA”) and any conflict between these procedures and POBRA shall be resolved in favor of POBRA. Self-discipline or self-conformity is the goal of this section. Where self -discipline fails, disciplinary action is authorized and shall be accomplished in such a manner as to be just, equitable, consistent, and suited to the situation. The disciplinary action, when taken shall be documented in such a manner as to be defensible on appeal and/or review.

In all instances where disciplinary action is contemplated, with the exception of a written reprimand or probationary rejections, permanent full-time employees shall be afforded a reasonable opportunity to present, in person, their view of the incident(s) res ulting in the disciplinary action to the supervisor charged with disciplinary authority prior to a decision to impose disciplinary action.

Any employee having supervisory authority and responsibility shall discuss deficiencies in performance, conduct, and other matters with subordinates at the time they are observed or become aware of such conduct, pointing out corrective action the employee should take. Whenever possible, sufficient time for improvement shall precede formal disciplinary action.

Types of disciplinary actions, which may be taken in order of severity, are: dismissal, demotion, reduction in pay steps within a pay range, suspension and written reprimand, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary actions are defined as follows:

A. Dismissal: The discharge of an employee from the City service in accordance with these provisions.

B. Non-Probationary Demotion: The movement of an employee from a position in one classification to a position in another classification having a lower maximum rate of pay.

C. Reduction in Pay : The temporary or permanent decrease of the employee's pay rate within the pay range established for the employee's classification.

D. Suspension: The temporary separation from the City service of an employee without compensation for a period not to exceed thirty (30) working days in any one (1) calendar year.

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E. Written Reprimand: An official notification in writing by the Police Chief or designee to the employee that the employee has committed conduct which is in conflict with a Department standard and that further disciplinary measures may be taken if the employee commits similar misconduct.

SECTION 2 Disciplinary Procedures

A. Purpose: The purpose of the Disciplinary Procedures is to afford the affected permanent full-time employee an opportunity to present such employee's view of the factual situation leading to the proposed disciplinary action and to afford independent administrative review of any disciplinary action which is taken. With the exception of written reprimands and probationary rejections, the Disciplinary Procedures set forth herein shall be followed in all instances where disciplinary action is contemplated for any permanent, full-time employee in the classified service.

B. Initial Notice and Right to Respond: Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Assistant Chief for further investigation or action.

Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the employee with a pre-disciplinary procedural due process meeting (Skelly) by providing written notice of the charges, proposed action, and reasons for the proposed action.

Except as provided below, no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided below. The public agency shall not be required to impose the discipline within that one-year period under the following circumstances:

a. If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.

b. If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.

c. If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.

d. If the investigation involves more than one employee and requires a reasonable extension.

e. If the investigation involves an employee who is incapacitated or otherwise unavailable.

f. If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.

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g. If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one -year time period shall be tolled during the period of that def endant’s criminal investigation and prosecution.

h. If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer. (Government Code Section 3304(d))

At the time of the service of the Notice of Intent to Discipline, the Chief of Police shall also provide the employee with

(a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice.

1. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable extension of time for the employee to respond.

2. If the employee elects to respond orally, the presentation may be recorded by the Department and/or the employee. Upon request, the employee shall be provided with the Department’s copy of the recording.

Once the employee has completed his/her response or if the employee has elected to waive any such response, the Chief of Police shall consider all information received in response to the recommended discipline. The Chief of Police shall render a timely written decision to the employee and specify the grounds and reasons for discipline and the effective date of the discipline, within 30 days of the decision, except if the public safety officer is unavailable for discipline. Once the Chief of Police has issued a written decision and served that decision on the employee, the discipline shall become effective.

The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following:

(a) The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline. The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials.

C. Final Notice and Implementation of Disciplinary Action: Upon the completion of the procedures set forth above, the affected employee shall be informed by the initiator of the disciplinary action, in writing, of the action taken, with a copy to the Human Resources Division.

D. Appeal Procedure:

Upon receipt of the final disciplinary action from the Police Chief, the employee shall have the right to appeal the decision in writing to the City Manager. The filing of an appeal will not stay the disciplinary action. Said appeal Regular Redlands Meeting of 07-05-2023
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shall be delivered to the Human Resources Division within ten (10) working days of the employee’s receipt of the Police Chief’s action. Otherwise, the Police Chief’s action shall be final and binding.

The City Manager shall not conduct a de novo evidentiary hearing, but shall meet with the employee and his/her representative. The meeting shall be recorded. Within twenty (20) working days of the conclusion of the meeting, the City Manager shall issue his/her final decision and advise the employee of his/her appeal rights pursuant to this Policy.

Except with respect to written reprimands equal to or less than forty (40) hours, and promotional probationary rejections, upon receipt of notice of final disciplinary action from the City Manager, the employee shall have the right to appeal the decision in writing to a third party arbitrator. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee's receipt of the City Manager’s action.

Otherwise, the City Manager’s action shall be final and binding.

Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action. However, if the reason or reasons behind the discharge would tend to stigmatize the employee’s reputation and negatively impact on future employment, and are publicized, the employee is entitled to a liberty interest hearing to clear his or her name.

SECTION 3 Disciplinary Authority

The Police Chief or designee shall have the power and duty to determine and implement disciplinary actions pursuant to these provisions. Disciplinary actions shall be final unless modified by the City Manager or an arbitrator, as determined in accordance with these provisions.

All persons holding positions in the classified service shall be subject to written reprimand, suspension, demotion, reduction in pay or dismissal from employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the rules and regulations of the City, department or division, but subject to the right of appeal in the manner and to the extent set forth in these provisions.

A. Written Reprimand: The Police Chief or designee may prepare a written reprimand on a subordinate for cause.

Such reprimand shall be addressed to the employee and shall be acknowledged in writing by the employee. A signed copy shall be forwarded to the Human Resources Di vision along with a narrative report of the case.

Written reprimands shall only be appealable pursuant to the provisions set forth herein. In addition to pursuing any appeal, an employee shall have the right to attach a response to a disputed written reprimand.

B. Suspension: An employee may be suspended without pay by the Police Chief or designee for a period up to, but not exceeding, thirty (30) working days. Before the effective date of any suspension, the employee shall be furnished with written notice setting forth such reasons for such suspension pursuant to Section 2 of these provisions. The employee will also be advised of the right to appeal under these provisions, and informed of the regulations and procedures governing such appeals.

C. Reduction in Pay: The Police Chief or designee may temporarily, or permanently, reduce an employee's pay range and/or salary up to fifteen percent (15%). Before the effective date of said reduction, the employee shall be advised of the action and the reasons therefore pursuant to Section 2 of these provisions. The employee reduced by such action shall be assigned a new anniv ersary date for merit review purposes; such date shall coincide with the effective date of the reduction action. Such action will be subject to appeal under the appeal procedure set out in these provisions. The Police Chief or designee may, after six (6) months from the effective date of the reduction, reinstate all or any portion of the reduction in pay.

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advised of the action and the reasons therefor pursuant to Section 2 of these provisions. The employee demoted by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the demotion. Such action will be subject to appeal under the appeal procedure set out in these provisions.

E. Dismissal: The Police Chief or designee may terminate without cause any employee who lacks permanent status.

The Police Chief or designee may terminate a permanent employee on any ground(s) designated in Section 4 of these provisions, subject to Section 2 of these provisions. The Police Chief or designee shall provide th e terminated permanent employee with a written statement of the reason for the action including the ground or grounds involved pursuant to Section 2 of these provisions. Such termination action shall be subject to appeal under the appeal procedure set out in these provisions.

SECTION 4 Grounds for Disciplinary Action

The grounds for disciplinary action are set forth in Policy No. 322, Standards of Conduct, in the Redlands Police Department Policy Manual.

SECTION 5 Records

Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee's personnel file.

ARTICLE 50:

THIRD PARTY ARBITRATION PROCESS FOR DISCIPLINARY APPEALS

AND GRIEVANCE APPEALS

SECTION 1 Right of Binding Arbitration for Appeals of Disciplinary Action

Any permanent employee shall have the right to appeal to binding arbitration disciplinary actions involving termination, suspensions greater than forty (40) hours, reduction in salary/pay, and non-probationary demotion.

SECTION 1A RIGHT OF BINDING ARBITRATION FOR GRIEVANCES

Any grievant(s) shall have the right to have grievances determined at binding arbitration.

SECTION 2 Process for requesting binding arbitration

The employee's or grievant(s)’ request for binding arbitration must be addressed to the Human Resources Division and received in the Human Resources Office within the time periods set forth in this Agreement. The Human Resources Office has a ministerial duty to timestamp any request presented to it via email, facsim ile or in person on the date received.

If, within the appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an appeal hearing shall be established as follows:

A. If a single third party arbitrator cannot be agreed upon by the Human Resources Division and the employee's representative (or employee alone if unrepresented), the California State Mediation and Conciliation Service shall be requested to submit to the City and the employee a list of seven (7) persons qualified to act as arbitrators. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall meet, or confer by telephone, to select the arbitrator. The parties shall alternately strike one (1) name from the list of arbitrators (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the arbitrator.

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B. Subject to the arbitrator’s availability, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of the filing of the appeal with the Human Resources Division unless the parties stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time and place of hearing.

C. All hearings shall be private, however, the arbitrator shall, at the request of the employee, open the hearing to the public.

D. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than five (5) calendar days, prior to the commencement of such hearing. The city agrees to reasonably produce City employees. After the commencement of such hearing, subpoen as shall be issued only at the discretion of the arbitrator.

E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbitrator shall not be bound by technical rules of evidence. The arbitrator shall rule on the admission or exclusion of evidence.

F. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. In the case of an appeal of discipline, if the employee does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, employee/employer representative) mutually agree that same is not necessary. In the event that both parties mutually agree that a court reporter is not necessary the hearing shall be electronically recorded. If either party requests a transcript of the elec tronic recording, the parties shall have the recording transcribed by a court reporter, and the costs shall be shared equally by the parties.

G. A binding arbitration hearing appealing discipline shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:

1. The party imposing discipline shall be permitted to make an opening statement;

2. The appealing party shall then be permitted to make an opening statement;

3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence of the misconduct;

4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.

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H. A binding arbitration for a grievance shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:

1. The grievant(s) shall be permitted to make an opening statement;

2. The City shall then be permitted to make an opening statement;

3. The grievant(s) shall present the evidence on his/her/their parts; the grievant(s) bear the burden of proof and burden of producing evidence supporting their claim(s);

4. The City may then open its defense and offer evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.

I. The arbitrator shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the arbitrator, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures or television pictures shall be taken in the hearing chamber during a hearing. The arbitrator, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The arbitrator shall render his/her judgment as soon after the conclusion of the hearing as reasonably possible and in no event later than thirty (30) calendar days after conducting the hearing. In the case of an appeal of discipline, the arbitrator’s decision shall set forth which charges, if any, are sustained and the reasons therefor. In the case of a grievance, the arbitrator’s decision shall set forth the relief, if any, provided to grievant(s) and the reasons therefore. The opinion shall set forth findings of fact and conclusions.

The opinion shall be binding.

J. In the case of an appeal of discipline, the arbitrator may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. He/she may not increase the level of discipline imposed by the City Manager.

K. The arbitrator’s opinion shall be filed with the City Manager, with a copy sent to all parties, and the Human Resources Division, and shall set forth his/her findings and decision.

L. In the case of a dismissal hearing where a dismissal is not the arbitrator’s decision, the opinion shall set forth the recommended date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.

M. In the case of an appeal of discipline, if the discipline imposed resulted in loss of pay, and the arbitrator’s decision results in reduction or elimination of loss of pay and/or other benefits, the pay and/or benefits loss shall be restored to the employee based on the number of regularly scheduled work hours lost computed at his/her then base hourly rate.

N. The costs of the arbitration and the court reporter shall be shared equally by the parties.

O. The provisions of Section 1285 et. seq. of the Code of Civil Procedure shall be applicable to proceedings under this Section.

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SECTION 3 Appeals of Suspensions of Forty (40) Hours or Less and Promotional Probationary Rejections

A permanent employee shall have the right to appeal a suspension of forty (40) hours or less or promotional probationary rejection in the following manner:

1. The Police Chief shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the Police Chief of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within ten (10) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the Police Chief.

2. If within the ten day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.

3. If within the ten day appeal period the employee involved files such notice of appeal by giving written notice of appeal to the Police Chief, a time for an appeal hearing before the City Manager or the Police Chief (at the employee’s discretion) shall be established. The date for a heari ng shall not be less than ten (10) calendar days, nor more than thirty (30) calendar days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, a nd place of the hearing at least seven (7) calendar days prior to the hearing.

4. The City Manager, or Police Chief, shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of i ts respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party’s expense.

Within ten (10) calendar days after the conclusion of th e hearing, the City Manager, or Police Chief, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.

Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action under these provisions.

SECTION 4 Appeals of Written Reprimands

Any employee wishing to formally appeal a written reprimand must submit a written request to his/her Bureau Supervisor (the Bureau Lieutenant, or if there is no Lieutenant, the Bureau Commander) within ten days of receipt of the written reprimand. The Bureau Supervisor will then assign the appeal to an uninvolved supervisor of at least one rank above the rank of the supervisor issuing the original written reprimand. Absent a written stipulation to the contrary, the employee will be provided with an evidentiary hearing before the assigned, uninvolved supervisor within 30 days. The decision of the assigned, uninvolved supervisor to sustain, modify or dismiss the written reprimand shall be considered final.

ARTICLE 51:

GRIEVANCE PROCEDURES

SECTION 1 Purpose of Rule

A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

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B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

C. To provide that grievances shall be settled as near as possible to the point of origin.

D. To provide that grievances shall be conducted as informally as possible.

SECTION 2 Matters Subject to Grievance Procedure

An employee or recognized employee organization shall have the right to file a grievance concerning an alleged violation of expressed terms of a memorandum of understanding provision, City policy, City Rules and Regulations, administrative orders and/or procedures, except that the following subjects are excluded from the scope of the grievance procedure:

A. Disciplinary action.

B. Matters which are within the exclusive jurisdiction of another agency, and for which a means of appeal is provided.

C. Performance evaluations.

SECTION 3 Informal Grievance Procedure

An employee or recognized employee organization who has a problem or complaint subject to the grievance procedure should first attempt to settle same through discussion with the immediate supervisor within fifteen (15) calendar days that the employee knew, or by the exercise of reasonable diligence should have known, of the circumstances giving rise to the grievance. In the case of a recognized employee organization, it shall attempt to settle such problem with the Human Resources Division. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with the supervisor's immediate supervisor, if any. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.

If the employee or recognized employee organization is not in agreement with the decision reached by discussion, the employee or recognized employee organization shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of the immediate supervisor or Human Resources Division.

Formal written grievances shall specifically identify the employee(s) affected, shall specifically identify the action being grieved, and shall include a statement of the action(s) desired by the grievant and the reasons therefor.

SECTION 4 Formal Grievance Procedure (Levels of Review Through Chain of Command)

A. First Level of Review: For a grievance by an individual employee only, such grievance shall be presented in writing to the employee's immediate management supervisor (Bureau Manager), who shall render a decision and comments in writing and return them to the emp loyee within ten (10) calendar days after receipt of the grievance. If the employee does not agree with the supervisor's decision, or if no answer has been received within ten (10) calendar days, the employee may present the grievance, in writing, to the Police Chief. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of the management supervisor, or within fifteen (15) calendar days if no decision is rendered, shall constitute a waiver of the grievance. For a grievance filed by the recognized employee organization on its own behalf, or on behalf of more than one individual employee, the initial formal filing of the grievance shall be with the Police Chief as set forth in Paragraph B below and shall be filed within ten (10) calendar days after receiving the informal decision of the Human Resources Division.

B. Police Chief Review : The Police Chief, or designee, shall discuss the grievance with the grievant(s), the grievant(s)’s representative(s), if any, and with other appropriate persons. The Police Chief shall render a Regular Redlands Meeting of 07-05-2023
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decision and comments in writing, and return them to the grievant(s) within ten (10) calendar days after receiving the grievance. If the grievant(s) does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, the grievant(s) may present the grievance in writing to the City Manager.

Failure of the grievant(s) to take further action within ten (10) calendar days after receipt of the Police Chief’s written decision, or within fifteen (15) calendar days if no decision is rendered, shall constitute waiver of the grievance.

C. City Manager: The City Manager, or designee, upon receipt of the grievance, shall discuss the grievance with the grievant(s), or the grievant(s)’s designated representative(s), and with other appropriate persons. The City Manager shall render a decision in writing to the grievant(s) within twenty (20) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within twenty (20) calendar days, the grievant(s) shall have a right to have the matter decided at binding arbitration pursuant to this agreement. Failure of the employee to take further action within ten (10) calendar days after receipt of the City Manager’s written decision, or within twenty (20) calendar days if no decision is rendered, shall constitute waiver of arbitration.

SECTION 5 Conduct of Grievance Procedure

A. The time limits specified above may be extended to a definite date by mutual agreement of the grievant(s) and a representative of the City or the reviewer concerned.

B. The grievant(s) may request th e assistance of another person of his/her own choosing in preparing and presenting the grievance at any level of review.

C. Grievants shall be assured freedom from reprisal for using the Grievance Procedures.

ARTICLE 52:

SIGNATURES

CITY OF REDLANDS

REDLANDS POLICE OFFICERS ASSOCIATION

Joseph Valdivia, President Date
Eddie Tejeda , Mayor Date
Attest: Jacob Kalinski, Attorney for the
Association
Date

Jeanne Donaldson, City Clerk Date

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M

EMORANDUM OF
U

NDERSTANDING

BETWEEN

CITY OF REDLANDS

AND

Redlands Police Officers
Association

JULY 1, 2023 – JUNE 30, 2026

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MEMORANDUM OF UNDERSTANDING

BETWEEN
City of Redlands
AND
Redlands Police Officers Association

July 1, 2023 – June 30, 2026

Article 1: Term Of Agreement .............................................................................................................................4 Article 2: Preamb le ............................................................................................................................................. 4 Article 3: Recognition .......................................................................................................................................... 4 Article 4: Salaries ................................................................................................................................................ 4 Article 5: Retirement ...........................................................................................................................................4 Article 7: Post Certif ication Pay........................................................................................................................... 5 Article 8: Overtime Compensation ...................................................................................................................... 5 Article 9: Reimbursement of Educational Expenses .............................................................................................6 Article 10: Mobile Device Pay .............................................................................................................................7 Article 11: Bilingual Pay ...................................................................................................................................... 7 Article 12: Court Pay/Call Back Pay ..................................................................................................................... 7 Article 13: Longevity Pay (City of redlands) .......................................................................................................... 8 Article 14: Crime Scene Technician Pay ............................................................................................................... 8 Article 15: Field Tra ining Officer Pay ................................................................................................................... 8 Article 16: Sh ift Differentia l Pay ..........................................................................................................................8 Article 17: 401 A Plan ......................................................................................................................................... 8 Article 18: Represen tation ..................................................................................................................................9 Article 19: h ealth Ben efits................................................................................................................................... 9 Article 20: Dental Insurance ................................................................................................................................9 Article 21: V ision Insuran ce.................................................................................................................................9 Article 22: Retiree Insurance Benefits .................................................................................................................9 Article 23: Life insu rance................................................................................................................................... 10 Article 24: State Disability Insurance ................................................................................................................. 10 Article 25 Vacation .......................................................................................................................................... 11 Article 26: A ccru ed Vacation Time Sell Ba ck...................................................................................................... 11 Article 27: S ick Leave ........................................................................................................................................ 11 Article 28: Holidays ........................................................................................................................................... 12 Article 29: Bereavement leave .......................................................................................................................... 12 Article 30: Military Leav e ................................................................................................................................. 12 Article 31: Compensatory Time off .................................................................................................................... 13 A
rticle 32: Leave of Absence without Pay .......................................................................................................... 13 Article 33: Fa mily Leave .................................................................................................................................... 13 Article 34: Workw eek ....................................................................................................................................... 13 Article 35: Po lice Duty-Other than Municipal Duty ............................................................................................ 13 Article 36: Corporal Rank .................................................................................................................................. 13 Article 37: Lateral Hire Incentive Policy ............................................................................................................. 14 Article 38: Longevity Pay (PEACE OFFICER) ........................................................................................................ 14 Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 4 Article 1:

TERM OF AGREEMENT

Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding (MOU) shall become effective on July 1, 2023 and shall expire on June 30, 2026.

Article 2:

PREAMBLE

It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City of Redlands (hereinafter referred to as “City”) and the Redlands Police Officers Association (hereinafter referred to “Association”).

Article 3:

RECOGNITION

The Redlands Police Officers Association is the recognized employee organization for all sworn personnel (hereinafter referred to as “affected employees” or “unit members”) employed in the Police Department except for those employees occupying the classifications of Lieutenant, Captain, Commander, Deputy Chief and Chief of Police.

Article 4:

SALARIES

Effective the first full pay period after July 1, 2023, all unit members shall receive a seven percent (7%) increase to base salary over the prior year.

Effective the first full pay period after July 1, 2024, all unit members shall receive a two percent (2%) increase to base salary over the prior year.

Effective the first full pay period after July 1, 2025, all unit members shall receive a two percent (2%) increase to base salary over the prior year.

Article 5:

RETIREMENT

Classic Members

A. All unit members other than "new members" as defined by the PEPRA and/or California Government Code section 7522.04 (f) shall individually pay 9% of "compensation earnable" as defined in Government Code Section 20630, representing the member employee's contribution to CalPERS. These contributions shall, at the time of termination, belong to the employee. All other required contributions to CalPERS for unit members other than "new members" as defined by the PEPRA and/or California Government Code section 7522.04 shall be made by the City.

B. Only as to unit members hired prior to January 1, 2013 or otherwise defined by PEPRA as a Classic Member, the City shall individually provide the following provisions in its contract with the PERS retirement system:

3% @ 50 Retirement Formula
Survivor Continuance
Highest Single Year

New Members

C. The Public Employees' Pension Reform Act (PEPRA) and Application to PEPRA Defined "New Members"

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 5 Unit members who are "new members" as defined by the PEPRA and/or California Government Code Section 7522.04(f), shall be required to pay a PERS member contribution in an amount equal to 50% of the normal cost rate for the Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater, pursuant to Government Code Section 7522.30.

Those new members shall be enrolled in the 2.7% at 57 Benefit Plan, as provided for in Government Code Section 7522.25(e), with a final compensation measurement period of 36 consecutive months as set forth in Government Code Section 7522.32(a), and their retirement benefits shall be calculated based on "pensionable compensation" (Section 7522.10) rather than compensation earnable (Section 20636).

All Unit Members

D. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a pre-tax basis.

E. The City shall report to CalPERS as compensation only the percent, if any, of the Member contribution funded by the City.

Article 6: UNIFORM ALLOWANCE

Upon completion of six (6) months of employment within a Police Department classification, employees in the unit will be provided with a uniform allowance in the amount of thirty-two hundred dollars ($3200) per year. The uniform allowance shall be paid as follows: fifty percent (50%) paid the first week in January of each year and fifty pe rcent (50%) paid the first week in July of each year.

For all unit members other than “new members” (as defined by the PEPRA or Government Code Section 752204(f)), the above amounts shall be reported to CalPERS as special compensation.

Every five (5) years, the City shall reimburse members for the purchase of a custom-fitted load-bearing vest carrier of similar quality to the Blankenship Police Supply Tactical, one pair of high -quality service boots meeting OSHA service requirements, and one pair of safety glasses, collectively in a total amount not to exceed one thousand one hundred dollars ($1100). Unit members must provide detailed receipts of purchase for all of the above items at the same time to Human Resources to begin the reimbursement process.

ARTICLE 7
:

POST CERTIFICATION PAY

Effective the first full pay period after July 1, 2023, members of the unit shall be eligible for an increase in base salary when a POST certificate is earned under the following schedule:

BASIC POST CERTIFICATE 5% of base salary
INTERMEDIATE CERTIFICATE 14% of base salary
ADVANCED CERTIFICATE 22.5% of base salary

(The above percentages shall not be compounded upon each other.)

Unit members shall be responsible for submitting their POST Certification to Human Resources. Compensation will be effective the first full pay period following submission of POST Certification to Human Resources.

ARTICLE 8:

OVERTIME COMPENSATION

A. FLSA Overtime
The City provides a 3 /12. 5 work schedule as set forth in Article 31 of this MOU. Accordingly, the Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 6 City has also previously elected a FLSA 7(k) work period of 28 days (maximum non-FLSA overtim e hours of 171) as applicable to all law enforcement personnel in the represented unit. Payroll will provide RPOA with a 28 day pay period calendar by December 15 of the year prior for the entire next calendar year. For example, RPOA will receive a list of 2024 calendar year 28 day pay period s by December 15, 2023.

The City shall pay each employee premium overtime compensation (time and one-half the employee's regular rate of pay, as that term is used in the Fair Labor Standards Act) for all hours worked in excess of 171 hours under the FLSA 7(k) 28 day work period.

All paid leaves, including, but not limited to, vacation leave, compensatory time off, holiday leave, sick leave and industrial injury (IOD) leave shall not be counted as hours worked towards reaching the 171 hour FLSA 7(k) overtime threshold.

B. Pay Back Hours

In an attempt to provide balanced paychecks to RPOA members during each pay period, the City agrees to pay five (5) "pay back hours" to members every pay period in which a payback shift is worked. Members shall bank 5 (five) straight hours of pay back hours to be paid on the paycheck where the member did not work the "pay back shift". The pay back hours shall only be counted as hours worked towards reaching the 171 hour FLSA 7(k) overtime threshold if the member actual l y worked those hours in the 28 day work period; and shall be counted in the pay period in which the banked hours were worked, not necessarily in the pay period in which the hours are paid .

C. Agreed Upon Overtime

The City shall pay each unit member "agreed upon" overtime compensation at a rate of time and one- half the employee's regular rate of pay, as that term is used in the FLSA, for the following hours worked :

1. Daily Overtime - Hours worked in excess of the employee's scheduled shift.

2. Court Pay/Call Back Pay -As defined in Article 12.

3. Billed Overtime - Hours worked which are 100% compensated at a 1.5 times regular hourly rate by a third party.

4. Non-Regularly Scheduled Shift Hours - Hours worked on a shift that is not scheduled in the unit member's regularly scheduled workweek.

ARTICLE 9
: REIMBURSEMENT OF EDUCATIONAL EXPENSES

Each unit member enrolled in a degree program on or before November 4, 2014, shall be entitled to tuition reimbursement for courses, books, and other learning aid while attending an accredited school of higher learning.

The course(s) must be career related, must be necessary for obtaining a degree, must be pre -approved by the unit employee’s department head and the unit employee must earn a passing grade to receive reimbursement.

Those unit members enrolled in a degree program on or before November 4, 2014 shall receive 100% reimbursement for the actual cost of degree program-related fees, including tuition and books, in an amount charged by the University of California, Riverside, for the same or similar courses.

Unit members enrolled in a degree program after November 4, 2014 shall receive 100% reimbursement for the actua l cost of degree program-related fees, including tuition and books, in an amount charged by the University of California, Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 7 Riverside, for the same or similar courses. However, any such unit member shall not receive reimbursement in excess of Two Thousand dollars ($2,000) in any one fiscal year.

Upon the approval of the Chief of Police or his/her/their designee and the Human Resources Director, a unit member may use up to one -thousand dollars ($ 1,000.00) per year of their available $2,000 per fiscal year tuition reimbursement for attendance at a seminar or conference for the purpose of professional development. That $1,000 per year amount may be applied for hotel and travel expenses related to the attendance at such a seminar or conference.

Unit members are responsible for coordinating approval and/or any request for time off of work with the Department Head or his/her designee.

ARTICLE 10:

MOBILE DEVICE PAY

All unit members who are required to carry a mobile device for the benefit of the City shall receive one hundred dollars ($100) per month in addition to their regular base salary. The department head shall determine which members shall be required to carry mobile devices. All employees receiving this incentive shall be required to carry the mobile device at all times.

ARTICLE 11:

BILINGUAL PAY

Unit members are eligible for bilingual pay in accordance with the City's Bilingual Pay Program and as set forth below. Authorized employees shall receive additional compensation in the amount of One Hundred Dollars ($100) per month.

Up to 16 officers will be eligible to receive bilingual pay for Spanish, at the discretion of the Chief of Police or his/her/their designee .

For Chinese, Arabic, Vietnamese, Indonesian, and Tagalog, the Police Chief has the discretion to approve up to 2 officers for each language; for other languages, the Police Chief has the discretion to approve up to 1 officer; the Police Chief can make recommendation(s) for additional persons to be approved or denied by Human Resources.

All officers approved for bilingual pay must take and pass appropriate testing administered by Human Resources.

ARTICLE 12:

COURT PAY/CALL BACK PAY

A. Unit members who are called to duty or who actually appear pursuant to a lawfully issued subpoena to testify during their off -duty hours shall be compensated for all hours actually worked plus three (3) hours, at time and one- half (1 1/2) their regular rate of pay. Unit members who work a night shift which ends on the day of a court appearance shall be compensated as set forth above unless their shift is extended for a call for service or other emergency up to the time subpoenaed for court.

B. A unit member whose work schedule is changed with less than seventy -two (72) hours advance notice, except in the event of a bonafide emergency situation, (i.e., earthquake, flood or natural disaster) shall be paid for all hours worked, plus three hours at time and one half the employee's regular rate of pay, for each such shift.

C. A unit member who is scheduled for duty, physically in the building prior to his or her shift, and Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 8 who is called to work early shall not be deemed to have been called to duty and shall not be eligible for the three (3) hours compensation at time and one-half the employee's regular rate of pay. In lieu thereof, that employee shall be entitled to overtime compensation at time and one-half the employee's regular rate of pay for all hours worked prior to the commencement of his or her regularly scheduled shift.

D. Unit members who so elect may, in lieu of receiving compensation for court pay/call back pay, apply those hours for which they would be compensated to the 5 "additional" hours per pay period associated with the 3/ 12 work schedule.

ARTICLE 13:

LONGEVITY PAY (CITY OF REDLANDS )

Effective January 16, 2018, after fourteen (14) years of continuous service with the City of Redlands, unit members shall advance to Step “ 5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.

In the event that a unit member is not at the 4
th Step when he/she is eligible for the 5th Step after fourteen (14) years of service, the employee will advance to the next step in their salary range and continue to advance based on merit until the employee reaches the 5th Step.

Effective January 16, 2018, after nineteen (19) years of continuous service with the City of Redlands, unit members shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.

The modifications made to this section in the 2023 MOU are for clarification only and not intended to substantively change the benefits provided herein.

ARTICLE 14:

CRIME SCENE TECHNICIAN PAY

Unit members in the unit assigned to Crime Scene Technician duty shall be compensated with an additional one and one-half hours of pay per pay period at time and one-half. Eligibility for C rime Scene Technician P ay will be determined by the Police Chief or his/her designee.

ARTICLE 15:

FIELD TRAINING OFFICER PAY

When a unit member is assigned to be a Field Training Officer (FTO), during the time that a sworn police trainee
is assigned to the FTO, the FTO shall be eligible to receive FTO pay in the amount of five percent (5%) of base salary per pay period at straight time.

ARTICLE 16:

SHIFT DIFFERENTIAL PAY
All employees who work a majority (51% or more) of their assigned shift between the hours of 5:30 PM and 7:30 AM shall receive shift differential pay equal to 2.5% of their base salary plus any POST Certificate Pay for their entir e work shift. This shift differential pay shall be provided for any shift, regardless of overtime, an otherwise worked shift, or the employee’s regular schedule.

ARTICLE 17:
401 A PLAN

The City agrees to make a contribution in January of each year, on behalf of each Unit employee in the amount of one thousand, two hundred dollars ($1,200) per year to the employee’s City sponsored 401(a) deferred Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 9 compensation plan. For new Unit employees, and employees transferring into the Unit, the amount shall be prorated on a monthly basis for period of service within Unit.

ARTICLE 18:

REPRESENTATION

The City agrees that any Unit employee involved in or witness to a lethal force encounter shall be provided with a legal representative upon request prior to any questioning and/or prior to providing a verbal or written statement.

ARTICLE 19:

HEALTH BENEFITS

A. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninety - seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City’s cafeteria plan that is equal to the difference between the City’s minimum contribution and the following amounts:

July 1, 2023 January 1, 2024 January 1, 2025
Employee Only $ 750 $ 775 $ 800 Employee +1 $ 1,500 $ 1,550 $ 1,600 Family $ 1,950 $ 2,025 $ 2,100

B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical premiums, expenditures covered under Flexible Spending Accounts, and post -employment health plan.

C. The city agrees to provide a stipend of $350.00 on a monthly basis for those employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.

ARTICLE 20:

DENTAL INSURANCE

The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan, or its equivalent, for each unit member and their eligible dependent s.

ARTICLE 21:

VISION INSURANCE

The City agrees to contribute the entire monthly premium for unit members and their eligible dependents for a vision insurance plan with VSP Vision Services or its equivalent.

ARTICLE 22:

RETIREE INSURANCE BENEFITS

A. For all unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397) per month pursuant to Resolution No. 4572, adopted by the city council on September 5, 1989.

B. For unit members hired prior to November 4, 2014 , upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with the City of Redlands and who qualify as annuitants under PEMHCA, the City shall contribute to a retiree health savings account the difference between the PEMHCA minimum and the cost of medical, dental and vision insurance premiums for the employee, spouse and eligible dependents under the Association's current Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 10 medical insurance program existing at the time of retirement (“lifetime health insurance”) . This lifetime health insurance shall be at no cost to the retired employee and shall cover the employee, spouse and e ligible dependent s.

In the alternative, at the sole discretion of the unit member, those unit members hired prior to November 4 , 2014, upon service or disability retirement under the PERS retirement plan, or in the event of the de ath of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of se rv ice with the City of Redlands, may elect to cash in unused sick leave at two percent (2%) for each ye ar's service at the prevailing hourly rate.

At retirement , unit members hired prior to November 4, 2014, but with less than fifteen (15) years service with the City have the option of cashing in unused sick leave at the prevailing hourly rate for future medical for employee and eligible dependents until said funds are exhausted or cash in unused sick leave, at the prevailing hourly rate, at two percent (2%) for each year of service with the City. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied towards the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy.

C. U
nit members hired after November 4, 2014 who achieve fifteen (15) years of service and who qualify as an annuitant under PEMHCA shall be entitled to a “medical bridge” program for themselves upon retirement from the City until they become Medicare-eligible. Under the “Medical Bridge,” the City will contribute the difference between the PEMHCA minimum and the cost of employee-only coverage for the least expensive equivalent health, vision and dental insurance plan as provided by the City to its then existing unit members through the CalPERS medical plan until the employee reaches the age of Medicare eligibility at which time the benefit will cease and employees will only receive the three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. Unit employees who receive the medical bridge program can select coverage for dependents, however, the additional cost must be paid for by the respective Unit employee and will not be paid for by the City.

D. Unit members hired aft er November 4, 2014 who do not achieve fifteen (15) years of service shall only be entitled to receive the three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.

No change made to this MOU (July 1, 2023-June 30, 2026) is intended to negatively affect or diminish any rights of employees for whom the Association is or was the recognized employee organization regardless of whether they retired prior to the effective date of this MOU.

ARTICLE 23:

LIFE INSURANCE

The City agrees to continue to provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) per unit member . Unit members at their option and expense will be allowed to purchase additional increments of life insurance at the City's lower group rate.

ARTICLE 24:

STATE DISABILITY INSURANCE

Participation in the State Disability Insurance (SDI) program shall be optional and all costs, funding, and premiums associated with participation in SDI shall be paid entirely by the participating unit members.

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 11 ARTICLE 25

VACATION

Vacation shall accrue for unit members based on the following schedule:

YEARS/MONTHS YEARS

OF SERVICE
HOURS
1 - 4 (0-59 months) 80
5-6 (60-83 months) 120
7 -8 (84 – 107 mos.) 128
9 –10 (108-131 mos.) 136
11–12 (132–155) 144
13 – 14 (156-179) 152
15 – 16 (180-203) 160
17 – 18 (204-227) 168
19+(228 months+) 176
ARTICLE 26:

ACCRUED VACATION TIME SELL BACK

On November 30 th of each year, unit members who have utilized any portion of their floating holidays, shall deposit all vacation hours over 300 into the 401(a) plan up to the maximum allowed by law. If more than 300 hours remain in a unit member’s bank, including after t he 401(a) conversion, those hours will remain in the bank for future use or conversion.

On November 30 th of each year, unit members may make an irrevocable election to cash out vacation hours earned in the following year. Only hours earned in the following year may be paid out. The payout will be made the following December. The election is irrevocable an d cannot be changed once the election is made.

All cashed out or converted hours will be paid at the unit member ’s regular FLSA rate including any eligible post certification pay.

ARTICLE 27:

SICK LEAVE

A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.

B. BUY-BACK: In November of each calendar year, each unit member may elect to be paid for each sick lea ve day accumulated during the following calendar year, according to the following table:

YEARS OF

SERVICE

MAXIMUM BUY-BACK

HOURS PER YEAR
2-6 48
7 56
8 64
9 72
10 80
11 88
12 96

The payment of hours will occur in November of the following year at his/her current FLSA regular rate of pay. The election is irrevocable and may not be changed once the election is made. A total of one ( 1) Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 12 year's accumulation must be on the books prior to any compensation being paid .

In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance service credit for the purpose of sick leave buyback to new employees at time of hire.

ARTICLE 28:

HOLIDAYS

The holidays which will be honored for employees in the unit will include the following, along with any additional day as designated by action of the City Council:

New Year’s Day January 1
Martin Luther King, Jr. Day Third Monday in January
President’s Day Third Monday in February
Cesar Chavez March 31st
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11th
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Fourth Friday in November Christmas Eve December 24th
Christmas Day December 25th
Two Floating Holidays

Unit members shall not be allowed to carry holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year shall be paid off during January of the year following the year in which the holidays were accrued. Holidays shall be paid at the rate of pay applicable to the shift to which the employee is regularly assigned and shall include supplemental pay (POST certification pay) which may apply to the specific officer. The City will report to CalPERS the Holiday Cash Out amounts. This amount is derived from an employee’s left over Holiday Cash Out amount and paid at the FLSA regular rate of pay. The City will report the Holiday Cash Out on an annual basis to CalPERS in January of each year.

Holiday pay shall be compensated at ten ( 10) hours per holiday. Those employees working more than ten ( 10) hours per day (flexible work schedule) have the option of being compensated for the remaining hour/hours w ith accrued compensatory time, accrued floating holiday hours or accrued vacation.

ARTICLE 29:

BEREAVEMENT LEAVE

Unit members who suffer a death in their immediate family shall receive four (4) days paid bereavement leave per incident. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse/r eg istered domestic partner: spouse, child, parent, grandparent, grandchild, brother and sister.

ARTICLE 30:

MILITARY LEAVE

The City and the Association agree to adhere to all provisions of Federal and State regulations pertaining to military leave.

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 13

COMPENSATORY TIME OFF

Effective July I, I 980, the City shall provide each unit member with the option, at the discretion of the employee, of receiving overtime compensation in the form of compensatory time off (CTO) or cash. Unit members shall be authorized to accumulate no more than three hundred twenty (320) hours of CTO during any calendar year. If at any time during a calendar year, a unit member has already accumulated three hundred twenty (320) hours of compensatory time, then overtime payments shall be made in cash.

Consistent with both the reasonable requirements of police administration and the provision of this paragraph, unit members shall be authorized to utilize the accumulated CTO for any purpose.

Unit members shall be granted the use of compensatory time off when the request to do so is provided to the
Department in a reasonable amount of time. Requests for use of compensatory time off may only be denied when the request would unduly disrupt the operation of the Department.

The City agrees that it shall be at the discretion of the unit member to use compensatory time off in lieu of vacati on or holiday time.

ARTICLE 32:

LEAVE OF ABSENCE WITHOUT PAY

If a unit member takes more than seven (7) accumulated days of leave without pay in a calendar year, commenci n g at the beginning of the eighth (8th) day of leave without pay and any day of leave without pay thereafter during the calendar year, sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.

ARTICLE 33:

FAMILY LEAVE

The City will grant family leave in accordan ce with the Moore-Brown-Robe rti Family Rights Act of 1993 (also known as the California Family Rights Act) and the Federal Family and Medical Leave Act.

ARTICLE 34:

WORKWEEK

All unit members assigned to one of the Patrol Teams shall work a 3 / 12 work week consisting of three ( 3)
consecutive work days of 12.5 (twelve and one-half) consecutive work hours, followed by four (4) consecutive days off each week (except instances of shift rotation).

Each unit member shall also work an additional 10 (ten) hour day in each 28 (twenty-eight) day period .

The scheduling of the 10 (ten) hour day shall be at the department's discretion, but every effort will be made to schedule these hours on day/days that is /are contiguous with the Officer's scheduled workweek. Department necessity will be the standard for scheduling of these hours.

All unit members assigned to a unit other than one of the regular Patrol Teams shall work a 4/10 consisting of four (4) consecutive workdays of ten (I 0) consecutive hours followed by three (3) consecutive days off each week or Patrol’s 3 / 12 schedule at the discretion of the Chief.

ARTICLE 35:

POLICE DUTY-OTHER THAN MUNICIPAL DUTY

Effective January 1, 1977, a unit member who performs services for an individual or organizati on other than the City of Redlands for which the City of Redlands has the right to bill for such services shall be paid at the rate of one and one-half times ( 1 1/2) the then existing hourly rate of the affected employee performing the service.

ARTICLE 36:

CORPORAL RANK

The City and the Association agree that the rank of Police Corporal shall be assigned the same base wage range Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 14 as that assigned to the rank of Detective.

ARTICLE 37:

LATERAL HIRE INCENTIVE POLICY

In an attempt to attract competitive, experienced candidates with previous law enforcement experience, the Police Chief, with approval by the City Manager, may advance the following to new unit members at time of hire:

A. Sick Leave: An immediate sick leave accrual balance, not to exceed a maximum of 96 hours;

B. Vacation: An immediate vacation accrual balance not to exceed the equivalent of the new employee's annual accrual rate for vacation earned at the time of separation of employment with his or her former agency;

C. Accelerated Vacation Accrual: Accelerating the vacation accrual rate of the new employee by providing him or her credit for service with his or her former agency for purposes of vacation accrual only, not to exceed the maximum of the number of years of service with the former agency(s).

Upon five years of service with the City of Redlands, lateral unit members who have years of service as a peace officer (as defined in Penal Code section 830.1) in the State of California will be allowed to count their years of service for accrual rates for vacation and sick leave.

ARTICLE 38:

LONGEVITY PAY (PEACE OFFICER)

A. For unit members hired prior to January 16, 2018 , the City agrees that unit employees who have a combination of fourteen (14) years of continuous service either with the City of Redlands or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California, shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.

In the event that a unit member is not at the 4 th Step when he/she is eligible for the 5th Step, after fourteen (14) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.

The City agrees that unit members hired prior to January 16, 2018 who have a combination of nineteen (19) years of continuous service either with the City of Redlands or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.

In the event that a unit member is not at the 5th Step when he/she is eligible for the 6th Step, after nineteen (19) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 6th Step.

B
. For unit members hired after January 16, 2018

The City agrees that unit members hired after January 16, 2018 who have at least five (5) years of continuous service with the City of Redlands and a combination of fourteen (14) Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 15 years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code secti on 830.1 to 830.4) in the State of California shall advance to Step “5” on the salary resolution for their classification, which shall be a minimum of 5% higher than Step 4. This increase will be effective at the beginning of the pay period closest to the first day of their 15th year of service.

In the event that a unit member is not at the 4th Step when he/she is eligible for the 5th Step, after fourteen (14) years of service, the unit member will advance to the next step in their salary range, and continue to advance based on merit until the employee reaches the 5th Step.

The City agrees that unit members hired after January 16, 2018 who have at least five (5) years of continuous service with the City of Redlands and a combination of nineteen ( 19) years of continuous service with the City of Redlands and/or as a peace officer (as defined in Penal Code section 830.1 to 830.4) in the State of California shall advance to Step “6” on the salary resolution for their classification, which shall be a minimum of 3% higher than Step 5. This increase will be effective at the beginning of the pay period closest to the first day of their 20th year of service.

The modifications made to this section in the 2023 MOU are for clarification only and not intended to substantively change the benefits provided herein.

ARTICLE 39:

K-9 PAY

Unit members while assigned to a K -9 Assignment shall receive extra compensation in the form of 3.5 hours of compensatory time off, banked for each pay period during the K-9 Assignment.

ARTICLE 40:

NO STRIKE PROVISIONS

The Association agrees that it will not authorize, instigate, aid, condone, or engage in any strike which will inter rupt or interfere with the operation of the City. The City places the Association on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

ARTICLE 41:

PREVAILING BENEFITS

Except as provided herein, all wages, hours and other terms and conditions of employment presently enjoyed by employees in the unit shall remain in full force and effect during the term of this MOU, unless mutually agreed to by both parties.

ARTICLE 42:

SAVINGS CLAUSE

Should any provision of this agreement or the application of such provision be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful.

Such equivalent benefit will be implemented retroacti ve to the date the old benefit ceased. The remaining parts or portions of the Agreement shall remain in full force and effect.

ARTICLE 43:

MANAGEMENT RIGHTS

The authority of the City includes the exclusive right to determine the mission of its constituent department, Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 16 commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizati on and the technology · of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from requiring employer to meet and confer regarding decisions that may have an effect on wages, hours and working conditions. By agreeing to this provision, neither of the parties intend to waive or limit, in any way, any rights they may have under existing law, including, but not limited to the Meyers- Milias Brown Act (Government Code Section 3500 et seq .) ARTICLE 44:

DEATH OF EMPLOYEE

If a unit member dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased unit members shall be entitled to benefits as follows:

Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.

In the event the deceased unit member qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.

The City will inter at Hillside Cemetery, at no cost to the unit member or his/her family, any active unit member who dies in the line of duty, or dies from any disease that is recognized by the State of California as being associated with the job of being a public safety officer.

ARTICLE 45:

ZIPPER CLAUSE

The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this MOU, including salaries and benefits, and conditions of employment, and therefore the City and the Association further agree that negotiations will not be reopened on any item during the term of this MOU, except by mutual agreement of the City and the Unit, or as expressly provided otherwise in this MOU.

ARTICLE 46:

RELEASE TIME

The City shall provide a total not to exceed 300 hours per year of paid release time from duty for the conduct of any Association activities as determined in the sole discretion of the Association. An Association member’s time in labor negotiations with the City shall not be included in the 300-hour allocation. The Association shall provide the City with notification of its intent to utilize release time to the Human Resources Division at least seven (7) days prior to the usage.

ARTICLE 47:

WORKING OUT OF CLASSIFICATION

Unit members temporarily required to perform the duties of a higher classification for at least one work week shall receive additional compensation equal to five percent (5%) of the unit member’s regular rate of pay for all hours in which that member is temporarily required to perform the duties of a higher classification. When a vacancy exists which requires a unit member to perform the duties of a higher classification, that unit member shall have the right to fill such vacancy for the duration of the work week.

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 17 ARTICLE 48: REOPENERS

At the request of the Association, and upon mutual agreement of the parties, one or more terms of this MOU may be reopened for further discussion. The lack of mutual agreement to reopen shall not be subject to the grievance procedure, unfair labor practices before PERB, and/or court action.

ARTICLE 49:

EMPLOYEE CONDUCT, DISCIPLINE AND GRIEVANCE PROCEDURES

SECTION 1 Definition and Objective of Discipline

Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain standards of cooperation and conduct necessary to successfully carry out the service mission of the City organization. The terms “Discipline” and “Disciplinary action” as used herein are intended to be consistent with the term “punitive action” as defined in Government Code section 3303, “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purpose s of punishment.” Nothing in this section is intended to waive or in any way diminish an employee’s rights under the law, including, but not limited to the Public Safety Officers Procedural Bill of Rights Act (Government Code section 3300 et seq, “POBRA”) and any conflict between these procedures and POBRA shall be resolved in favor of POBRA. Self-discipline or self-conformity is the goal of this section. Where self-discipline fails, disciplinary action is authorized and shall be accomplished in such a manner as to be just, equitable, consistent, and suited to the situation. The disciplinary action, when taken shall be documented in such a manner as to be defensible on appeal and/or review.

In all instances where disciplinary action is contemplated, with the exception of a written reprimand or probationary rejections, permanent full-time employees shall be afforded a reasonable opportunity to present, in person, their view of the incident(s) resulting in the disciplinary action to the supervisor charged wi th disciplinary authority prior to a decision to impose disciplinary action.

Any employee having supervisory authority and responsibility shall discuss deficiencies in performance, conduct, and other matters with subordinates at the time they are observed or become aware of such conduct, pointing out corrective action the employee should take. Whenever possible, sufficient time for improvement shall precede formal disciplinary action.

Types of disciplinary actions, which may be taken in order of severity, are: dismissal, demotion, reduction in pay steps within a pay range, suspension and written reprimand, or an appropriate combination of these disciplinary actions. The aforementioned types of disciplinary actions are defined as follows:

A. Dismissal: The discharge of an employee from the City service in accordance with these provisions.

B. Non-Probationary Demotion: The movement of an employee from a position in one classification to a position in another classification having a lower maximum rate of pay.

C. Reduction in Pay: The temporary or permanent decrease of the employee's pay rate within the pay range established for the employee's classification.

D. Suspension: The temporary separation from the City service of an employee without compensation for a period not to exceed thirty (30) working days in any one (1) calendar year.

E. Written Reprimand: An official notification in writing by the Police Chief or designee to the employee that the employee has committed conduct which is in conflict with a Department standard and that further disciplinary measures may be taken if the employee commits similar misconduct.

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 18 SECTION 2 Disciplinary Procedures

A. Purpose: The purpose of the Disciplinary Procedures is to afford the affected permanent full-time employee an opportunity to present such employee's view of the factual situation leading to the proposed disciplinary action and to afford independent administrative review of any disciplinary action which is taken. With the exception of written reprimands and probationary rejections, the Disciplinary Procedures set forth herein shall be followed in all instances where disciplinary action is contemplated for any permanent, full-time employee in the classified service.

B. Initial Notice and Right to Respond: Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Assistant Chief for further investigation or action.

Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In t he event disciplinary action is proposed, the Chief of Police shall provide the employee with a pre-disciplinary procedural due process meeting (Skelly) by providing written notice of the charges, proposed action, and reasons for the proposed action.

Except as provided below, no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided below. The public agency shall not be required to impose the discipline within that one-ye ar period under the following circumstances:

a. If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.

b. If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.

c. If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.

d. If the investigation involves more than one employee and requires a reasonable extension.

e. If the investigation involves an employee who is incapacitated or otherwise unavailable.

f. If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.

g. If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one -year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.

h. If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer. (Government Code Section 3304(d))

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 19 At the time of the service of the Notice of Intent to Discipline, the Chief of Police shall also provide the employee with

(a) Access to all of the materials considered by the Chief of Police in recommending the proposed discipline
(b) An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice.

1. Upon a showing of good cause by the employee, the Chief of Police may grant a reasonable extension of time for the employee to respond.

2. If the employee elects to respond orally, the presentation may be recorded by the Department and/or the employee. Upon request, the employee shall be provided with the Department’s copy of the recording.

Once the employee has completed his/her response or if the employee has elected to waive any such response, the Chief of Police shall consider all information received in response to the recommended discipline. The Chief of Police s hall render a timely written decision to the employee and specify the grounds and reasons for discipline and the effective date of the discipline, within 30 days of the decision, except if the public safety officer is unavailable for discipline. Once the Chief of Police has issued a written decision and served that decision on the employee, the discipline shall become effective.

The pre-discipline process is intended to provide the accused employee with an opportunity to present a written or oral response to the Chief of Police after having had an opportunity to review the supporting materials and prior to imposition of any recommended discipline. The employee shall consider the following:

(a) The response is not intended to be an adversarial or formal hearing. (b) Although the employee may be represented by an uninvolved representative or legal counsel, the response is not designed to accommodate the presentation of testimony or witnesses. (c) The employee may suggest that further investigation could be conducted or the employee may offer any additional information or mitigating factors for the Chief of Police to consider. (d) In the event that the Chief of Police elects to cause further investigation to be conducted, the employee shall be provided with the results prior to the imposition of any discipline. The employee may thereafter have the opportunity to further respond orally or in writing to the Chief of Police on the limited issues of information raised in any subsequent materials.

C. Final Notice and Implementation of Disciplinary Action: Upon the completion of the procedures set forth above, the affected employee shall be informed by the initiator of the disciplinary action, in writing, of the action taken, with a copy to the Human Resources Division.

D. Appeal Procedure:

Upon receipt of the final disciplinary action from the Police Chief, the employee shall have the right to appeal the decision in writing to the City Manager. The filing of an appeal will not stay the disciplinary action. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee’s receipt of the Police Chief’s action. Otherwise, the Police Chief’s action shall be final and binding.

The City Manager shall not conduct a de novo evidentiary hearing, but shall meet with the employee and his/her representative. The meeting shall be recorded. Within twenty (20) working days of the conclusion of the meeting, the City Manager shall issue his/her final decision and advise the employee of his/her appeal rights pursuant to this Policy.

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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 20 Except with respect to written reprimands equal to or less than forty (40) hours, and promotional probationary rejections, upon receipt of notice of final disciplinary action from the City Manager, the employee shall have the right to appeal the decision in writing to a third party arbitrator. Said appeal shall be delivered to the Human Resources Division within ten (10) working days of the employee's receipt of the City Manager’s action.

Otherwise, the City Manager’s action shall be final and binding.

Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action. However, if the reason or reasons behind the discharge would tend to stigmatize the employee’s reputation and negatively impact on future employment, and are publicized, the employee is entitled to a liberty interest hearing to clear his or her name.

SECTION 3 Disciplinary Aut hority

The Police Chief or designee shall have the power and duty to determine and implement disciplinary actions pursuant to these provisions. Disciplinary actions shall be final unless modified by the City Manager or an arbitrator, as determined in accordance with these provisions.

All persons holding positions in the classified service shall be subject to written reprimand, suspension, demotion, reduction in pay or dismissal from employment for misconduct, incompetency, inefficiency, or failure to perform duties or to observe the ru les and regulations of the City, department or division, but subject to the right of appeal in the manner and to the extent set forth in these provisions.

A. Written Reprimand: The Police Chief or designee may prepare a written reprimand on a subordinate for cause.

Such reprimand shall be addressed to the employee and shall be acknowledged in writing by the employee. A signed copy shall be forwarded to the Human Resources Division along with a narrative report of the case.

Written reprimands shall only be appealable pursuant to the provisions set forth herein. In addition to pursuing any appeal, an employee shall have the right to attach a response to a disputed written reprimand.

B. Suspension: An employee may be suspended without pay by the Police Chief or designee for a period up to, but not exceeding, thirty (30) working days. Before the effective date of any suspension, the employee shall be furnished with written notice setting forth such reasons for such suspension pursuant to Section 2 of these provisions. The employee will also be advised of the right to appeal under these provisions, and informed of the regulations and procedures governing such appeals.

C. Reduction in Pay: The Police Chief or designee may temporarily, or permanently, reduce an employee's pay range and/or salary up to fifteen percent (15%). Before the effective date of said reduction, the employee shall be advised of the action and the reasons therefore pursuant to Section 2 of these provisions. The employee reduced by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the reduction action. Such action will be subject to appeal under the appeal procedure set out in these provisions. The Police Chief or designee may, after six (6) months from the effective date of the reduction, reinstate all or any portion of the reduction in pay.

D. Non-Probationary Demotion: Before the effective date of a non-probationary demotion, the employee shall be advised of the action and the reasons therefor pursuant to Section 2 of these provisions. The employee demoted by such action shall be assigned a new anniversary date for merit review purposes; such date shall coincide with the effective date of the demotion. Such action will be subject to appeal under the appeal procedure set out in these provisions.

E. Dismissal: The Police Chief or designee may terminate without cause any employee who lacks permanent status.

The Police Chief or designee may terminate a permanent employee on any ground(s) designated in Section 4 of these provisions, subject to Section 2 of these provisions. The Police Chief or designee shall provide the Regular Redlands Meeting of 07-05-2023
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City of Redlands & Redlands Police Officer Association MOU – 2023~2026 Page 21 terminated permanent employee with a written statement of the reason for the action including the ground or grounds involved pursuant to Section 2 of these provisions. Such termination action shall be subject to appeal under the appeal procedure set out in these provisions.

SECTION 4 Grounds for Disciplinary Action

The grounds for disciplinary action are set forth in Policy No. 322, Standards of Conduct, in the Redlands Police Department Policy Manual.

SECTION 5: Records

Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee's personnel file.

ARTICLE 50:

THIRD PARTY ARBITRATION PROCESS FOR DISCIPLINARY APPEALS

AND GRIEVANCE APPEALS

SECTION 1 Right of B inding Arbitration for Appeals of Disciplinary Action

Any permanent employee shall have the right to appeal to binding arbitration disciplinary actions involving termination, suspensions greater than forty (40) hours, reduction in salary/pay, and non-probationary demotion.

SECTION 1A Right of Binding Arbitration for Grievances

Any grievant(s) shall have the right to have grievances determined at binding arbitration.

SECTION 2 Process for requesting binding arbitration

The employee's or grievant(s)’ request for binding arbitration must be addressed to the Human Resources Division and received in the Human Resources Office within the time periods set forth in this Agreement. The Human Resour c es Office has a ministerial duty to timestamp any request presented to it via email, facsimile or in person on the date received.

If, within the appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an appeal hearing shall be established as follows:

A. If a single third party arbitrator cannot be agreed upon by the Human Resources Division and the employee's representative (or employee alone if unrepresented), the California State Mediation and Conciliation Service shall be requested to submit to the City and the employee a list of seven (7) persons qualified to act as arbitrators. Within ten (10) calendar days following receipt of the list of arbitrators, the parties shall meet, or confer by telephone, to select the arbitrator. The parties shall alternately strike one (1) name from the list of arbitrators (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the arbitrator.

B. Subject to the arbitrator’s availability, the date for a hearing shall not be less than twenty (20) calendar days, nor more than sixty (60) calendar days, from the date of the filing of the appeal with the Human Resources Div ision unless the parties stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time and place of hearing.

C. All hearings shall be private, however, the arbitrator shall, at the request of the employee, open the hearing to the public.

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D. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than five (5) calendar days, prior to the commencement of such hearing. The city agrees to reasonably produce City employees. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the arbitrator.

E. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The arbitrator shall not be bound by technical rules of evidence. The arbitrator shall rule on the admission or exclusion of evidence.

F. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. In the case of an appeal of discipline, if the employee does not testify on his/her own behalf, he/she may be called and e x amined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, employee/employer representative) mutually agree that same is not necessary. In the event that both parties mutually agree that a court reporter is not necessary the hearing shall be electronically recorded. If either party requests a transcript of the electronic recording, the parties shall have the recording transcribed by a court reporter, and the costs shall be shared equally by the parties.

G. A binding arbitration hearing appealing discipline shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:

1. The party imposing discipline shall be permitted to make an opening statement;

2. The appealing party shall then be permitted to make an opening statement;

3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence of the misconduct;

4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence f or any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.

H. A binding arbitration for a grievance shall proceed in the following manner, unless the arbitrator, for special reason, otherwise directs:

1. The grievant(s) shall be permitted to make an opening statement;

2. The City shall then be permitted to make an opening statement;

3. The grievant(s) shall present the evidence on his/her/their parts; the grievant(s) bear the burden of proof and Regular Redlands Meeting of 07-05-2023
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4. The City may then open its defense and offer evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the arbitrator for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the arbitrator.

I. The arbitrator shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the arbitrator, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures or television pictures shall be taken in the hearing chamber during a hearing. The arbitrator, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The arbitrator shall render his/her judgment as soon after the conclusion of the hearing as reasonably possible and in no event later than thirty (30) calendar days after conducting the hearing. In the case of an appeal of discipline, the arbitrator’s decision shall set forth which charges, if any, are sustained and the reasons therefor. In the case of a grievance, the arbitrator’s decision shall set forth the reli ef, i f any, provided to grievant(s) and the reasons therefore. The opinion shall set forth findings of fact and conclusions.

The opinion shall be binding.

J. In the case of an appeal of discipline, the arbitrator may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. He/she may not increase the level of discipline imposed by the City Manager.

K. The arbitrator’s opinion shall be filed with the City Manager, with a copy sent to all parties, and the Human Resources Division, and shall set forth his/her findings and decision.

L. In the case of a dismissal hearing where a dismissal is not the arbitrator’s decision, the opinion shall set forth the recommended date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.

M. In the case of an appeal of discipline, if the discipline imposed resulted in loss of pay, and the arbitrator’s decision results in reduction or elimination of loss of pay and/or other benefits, the pay and/or benefits loss shall be restored to the employee based on the number of regularly scheduled work hours lost computed at his/her then base hourly rate.

N. The costs of the arbitration and the court reporter shall be shared equally by the parties.

O. The provisions of Section 1285 et. seq. of the Code of Civil Procedure shall be applicable to proceedings under this Section.

SECTION 3 Appeals of Suspensions of Forty (40) Hours or Less and Promotional Probationary Rejections

A permanent employee shall have the r ight to appeal a suspension of forty (40) hours or less or promotional probationary rejection in the following manner:

1. The Police Chief shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the Police Chief of the specific action against the employee. This statement shall clearly inform the employee that he/she has the right, within ten (10) working days after receipt of this notice, to request an informal hearing on the action by filing the request with the Police Chief.

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2. If within the ten day appeal period the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed.

3. If within the ten day appeal period the employee involved files such notice of appeal by giving written notice of appeal to the Police Chief, a time for an appeal hearing before the City Manager or the Police Chief (at the employee’s discretion) shall be established. The date for a hearing shall not be less than ten (10) calendar days, nor more than thirty (30) calendar days, from the date of the filing of the appeal, unless the parties stipulate to a different date. All interested parties shall be notified in writing of the date, time, and place of the hearing at least seven (7) calendar days prior to the hearing.

4. The City Manager, or Police Chief, shall conduct an informal hearing on the appeal. Each party shall have the opportunity to present all relevant information in support of its respective position. These proceedings may be electronically recorded and either party shall have the right to cause them to be reported by a certified shorthand reporter at the party’s expense.

Within ten (10) calendar days after the conclusion of the hearing, the City Manager, or Police Chief, shall deliver to the employee a written decision which shall either (a) affirm the decision, (b) modify it by (1) holding that certain charges were not established by a preponderance of the evidence and/or (2) reducing the penalty or (3) overturn the decision in its entirety. Said decision shall be final and binding on the parties, subject to their right to seek judicial review pursuant to 1094.5 and 1094.6 of the California Code of Civil Procedure.

Persons who have been rejected from probationary status in an entry level position shall have no right to appeal such action under these provisions.

SECTION 4 Appeals of Written Reprimands

Any employee wishing to formally appeal a written reprimand must submit a written request to his/her Bureau Supervisor (the Bureau Lieutenant, or if there is no Lieutenant, the Bureau Commander) within ten days of receipt of the written reprimand. The Bureau Supervisor will then assign the appeal to an uninvolved supervisor of at least one rank above the rank of the supervisor issuing the original written reprimand. Absent a written s tipulation to the contrary, the employee will be provided with an evidentiary hearing before the assigned, uninvolved supervisor within 30 days. The decision of the assigned, uninvolved supervisor to sustain, modify or dismiss the written reprimand shall be considered final.

ARTICLE 51:

GRIEVANCE PROCEDURES
SECTION 1: Purpose of Rule

A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

B. To afford employees individually or through recognized employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

C. To provide that grievances shall be settled as near as possible to the point of origin.

D. To provide that grievances shall be conducted as informally as possible.

SECTION 2 Matters Subject to Grievance Procedure

An employee or recognized employee organization shall have the right to file a grievance concerning an alleged violation of expressed terms of a memorandum of understanding provision, City policy, City Rules and Regulations, administrative orders and/or procedures, except that the following subjects are excluded from the scope of the grievance procedure:

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A. Disciplinary action.

B. Matters which are within the exclusive jurisdiction of another agency, and for which a means of appeal is provided.

C. Performance evaluations.

SECTION 3 Informal Grievance Procedure

An employee or recognized employee organization who has a problem or complaint subject to the grievance procedure should first attempt to settle same through discussion with the immediate supervisor within fifteen (15) calendar days that the employee knew, or by the exercise of reasonable diligence should have known, of the circumstances giving rise to the grievance. In the case of a recognized employee organization, it shall attempt to settle such problem with the Human Resources Division. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with the supervisor's immediate supervisor, if any. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.

If the employee or recognized employee organization is not in agreement with the decision reached by discussion, the employee or recognized employee organization shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of the immediate supervisor or Human Resources Division.

Formal written grievances shall specifically identify the employee(s) affected, shall specifically identify the action being grieved, and shall include a statement of the action(s) desired by the grievant and the reasons therefor.

SECTION 4 Formal Grievance Procedure (Levels of Review Through Chain of Command)

A. First Level of Review: For a grievance by an individual employee only, such grievance shall be presented in writing to the employee's immediate management supervisor (Bureau Manager), who shall render a decision and comments in writing and return them to the employee within ten (10) calendar days after receipt of the grievance. If the employee does not agree with the supervisor's decision, or if no answer has been received within ten (10) calendar days, the employee may present the grievance, in writing, to the Police Chief. Failure of the employee to take further action within ten (10) calendar days after receipt of the written decision of the management supervisor, or within fifteen (15) calendar days if no decision is rendered, shall constitute a waiver of the grievance. For a grievance filed by the recognized employee organization on its own behalf, or on behalf of more than one individual employee, the initial formal filing of the grievance shall be with the Police Chief as set forth in Paragraph B below and shall be filed within ten (10) calendar days after receiving the informal decision of the Human Resources Division.

B. Police Chief Review : The Police Chief, or designee, shall discuss the grievance with the grievant(s), the grievant(s)’s representative(s), if any, and with other appropriate persons. The Police Chief shall render a decision and comments in writing, and return them to the grievant(s) within ten (10) calendar days after receiving the grievance. If the grievant(s) does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, the grievant(s) may present the grievance in writing to the City Manager.

Failure of the grievant(s) to take further action within ten (10) calendar days after receipt of the Police Chief’s written decision, or within fifteen (15) calendar days if no decision is rendered, shall constitute waiver of the grievance.

C. City Manager: The City Manager, or designee, upon receipt of the grievance, shall discuss the grievance with the grievant(s), or the grievant(s)’s designated representative(s), and with other appropriate persons. The City Manager shall render a decision in writing to the grievant(s) within twenty (20) calendar days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within twenty (20) calendar days, the grievant(s) shall have a right to have the matter decided at binding arbitration Regular Redlands Meeting of 07-05-2023
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SECTION 5 Conduct of Grievance Procedure

A. The time limits specified above may be extended to a definite date by mutual agreement of the grievant(s) and a representative of the City or the reviewer concerned.

B. The grievant(s) may request the assistance of another person of his/her own choosing in preparing and presenting the grievance at any level of review.

C. Grievants shall be assured freedom from reprisal for using the Grievance Procedures.

ARTICLE 52:

SIGNATURES

CITY OF REDLANDS

REDLANDS POLICE OFFICERS ASSOCIATION

Joseph Valdivia, President Date
Eddie Tejeda , Mayor Date
Attest: Jacob Kalinski, Attorney for the
Association
Date

Jeanne Donaldson, City Clerk Date

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12075762.1 RE035-040

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF REDLANDS
AND

THE REDLANDS PROFESSIONAL

FIREFIGHTERS ASSOCIATION

UNION LOCAL NO. 1354, I.A.F.F.

JULY 1, 2023 – JUNE 30, 202 6

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MEMORANDUM OF UNDERSTANDING
Between

The City of Redlands
And
The Re dlands Professional Firefighters Association

Union Local No. 1354, I.A.F.F.

July 1, 2023 – June 30, 2026

Article 1: Term of Memorandum of Understanding ............................................................................. 4 Article 2: Preamble.............................................................................................................................. 4 Article 3: Recognition .......................................................................................................................... 4 Article 4: Management Rights ............................................................................................................. 4 Article 5: Discrimination ...................................................................................................................... 4 Article 6: Grievance Procedure ........................................................................................................... 4 Article 7: Prevailing Benefits ............................................................................................................... 7 Article 8: Productivity .......................................................................................................................... 7 Article 9: Promotions ........................................................................................................................... 7 Article 10: Required Work Hours .......................................................................................................... 7 Article 11: Rules and Regulations ......................................................................................................... 7 Article 12: Safety Practices ................................................................................................................... 7 Article 13: Savings Clause .................................................................................................................... 7 Article 14: No Strike Provision .............................................................................................................. 8 Article 15: Equivalent Benefits .............................................................................................................. 8 Article 16: Lost Firefighter ..................................................................................................................... 8 Article 17: Consolidation of Fire Services ............................................................................................. 8 Article 18: Salaries ................................................................................................................................ 8 Article 19: Overtime Compensation ...................................................................................................... 8 Article 20: Education Incentive Pay ...................................................................................................... 9 Article 21: Certification Pay ................................................................................................................... 9 Article 22: Longevity Pay ...................................................................................................................... 9 Article 23: Paramedic Pay .................................................................................................................... 9 Article 24: Call Back Pay ...................................................................................................................... 9 Article 25: Paramedic Certification ...................................................................................................... 10 Article 26: Uniform Allowance ............................................................................................................. 10 Article 27: Bilingual Pay ...................................................................................................................... 10 Regular Redlands Meeting of 07-05-2023
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Article 28: Deferred Compensation Contribution ................................................................................ 10 Article 29: Payroll Deduction of Dues ................................................................................................. 10 Article 30: Medical Insurance .............................................................................................................. 10 Article 31: Dental Insurance ................................................................................................................ 13 Article 32: Life Insurance .................................................................................................................... 13 Article 33: Vision Care ........................................................................................................................ 13 Article 34: Wellness Program ............................................................................................................. 13 Article 35: Disability Insurance ............................................................................................................ 13 Article 36: Driver’s License Physical Examinations ............................................................................ 13 Article 37: Modified Duty Policy .......................................................................................................... 13 Article 38: Minimum Staffing Levels .................................................................................................... 13 Article 39: Personal Exposure Reporting System ............................................................................... 14 Article 40: Union Activities .................................................................................................................. 14 Article 41: Retirement – Public Employees’ Retirement System (PERS) ........................................... 15 Article 42: Defined Contribution & Contribution Plans ........................................................................ 15 Article 43: Death on Duty .................................................................................................................... 16 Article 44: Vacation ............................................................................................................................. 16 Article 45: Compensatory Time .......................................................................................................... 17 Article 46: Sick Leave ......................................................................................................................... 17 Article 47: Holiday Schedule and Holiday Carryover Prohibition ........................................................ 18 Article 48: Bereavement Leave ........................................................................................................... 19 Article 49: Leave of Absence Without Pay ......................................................................................... 19 Article 50: Shift Exchange ................................................................................................................... 19 Article 51 Zipper Clause .................................................................................................................... 19 Article 52: Signatures .......................................................................................................................... 19

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Article 1: Term of Memorandum of Understanding
Except where expressly stated otherwise herein, the City and As sociation agree that the provisions of this Memorandum of Understan ding shall become effective July 1, 2023 and expire on June 30, 2026.

Article 2: Preamble
This Memorandum of Understanding (MOU) is entered into by and between the City of Redlands, hereinafter referred to as “City”, and the Redlands Professional Firefight ers Association, Local No. 1354, International Association of Firefighters, hereinafter referred to as “Union.” It is the purpose of this MOU to achieve and maintain harmonious relations be tween the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise; and to establish wages, hours, and terms and conditions of employment, as agreed to, for the term of this MOU The parties hereby agree that the t erms of the MOU shall not become effective unless and until approved by appropriate action of the City Council of the City of Redlands.

Article 3: Recognition
The City recognizes the Union as the exclusive bargaining agent for all safety employees of the Fire Department (Firefighter, Fire Engineer, and Fire Captain ), excluding the Fire Chief, Deputy Fire Chiefs, Fire Battalion Chiefs.

Article 4: Management Rights
The authority of the City includes the exclusive right to determine the mission of its constituent departments, co mmissions and boards; set standards of service; determine the proce dures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimat e reasons; maintain the efficiency of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job clas sifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights doe s not preclude employees or their representatives from meeting and conferring on the effects that decisions on these matters may have on wages, hours , benefits and working conditions.

Article 5: Discrimination
The City agrees not to discriminate against any employee for their activity on behalf of, or membership in, the Union and other terms and conditions of employment.

Article 6: Grievance Procedure

Section 6.01: GRIEVANCE DEFINED
A grievance is an alleged violation of this Memorandum of Understanding, the Personnel Rules or a written City policy.

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Section 6.02: PROCEDURE
A. INFORMAL PROCEDURE
The grievant and the City’ s representative shall make every effort to resolve the grievance at the lowest level of supervision. Thus, the grievant shall attempt to discuss the grievance with the immediate super visor before resorting to the Formal Grievance Procedure, below.

However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance Procedure (ten working days from the date the grievance allegedly occurred), the grievant must proceed to the Formal Grievance Procedure in accordance with the time limits therein or he/she will have waived the right to proceed in the Formal Grievance Procedure.

B. FORMAL GRIEVANCE PROCEDURE

1. First Level of Review
The griev ant shall present the formal grievance in writing to his/her supervisor within ten (10) working days from the alleged occurrence of the violation. The written grievance shall contain the following information:
a. Name of grievant and job title;
b. Department/Section;
c. Clear and concise statement of the nature of the grievance incl uding the circumstances and dates involved;
d. The specific provisions of the Memorandum of Understanding, City Policy or Personnel rules alleged to have been violated;
e. Requested remedy;
f. Name of the grievant’s representative, if any; and
g. Date and signature of grievant.

The supervisor shall render a decision and comments in writing and return them to the grievant within ten (10) working days after receiving the written grievance. If the grievant does not agree with the supervisor’s decision or if no answer ha s been received within the specified time period, the grievant shall present the grievance in writing to the Department Head to his/her designee within ten (10) working days of the date the supervisor’s decision is rendered or should have been rendered pur suant to the specified time period.

2. Second Level – Department Head Review
The Department Head or his/her designee shall discuss, upon request, the grievance with the grievant, the g rievant’s representative if any, and with other appropriate persons. The Department head or designee shall render his/her decision and comments within ten (10) working days after receiving the formal grievance. If the grievant does not agree with the deci sion reached or if no answer has been received within the specified tim e period, the grievant may move the grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the City Manager, along with a written request that the grievance be considered at the third level, wi thin ten (10) working days of the date the Department Head’s decision is rendered, or should have been rendered, pursuant to the specified time period.

3. THIRD LEVEL – CITY MANAGER
If t he grievance is submitted to the City Manager for review and settlement , the City Manager may elect the methods he/she considers appropriate for the study of the issues and shall render a written decision to the parties within ten (10) working days of Regular Redlands Meeting of 07-05-2023
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receipt the grievance.

4. FOURTH LEVEL – ADVISORY MEDIATION
If the grievance has not been resolved after completion of the fourth level above, either the Union or the City may request non -binding mediation through the State of California, Department of Industri al Relations Mediation and Conciliation Service. This mediation shall be provided by the State at no cost to either the City , to the employee, or the Association. This step shall be inapplicable if a cost is to be incurred by any party or person.

5. FIFTH LEVEL – BINDING ARBITRATION
If the grievance is not adjusted to the sat isfaction of the employee under the procedures set forth in the foregoing sessions, the employee or his designated representative, if any, within ten (10) working days after the complet ion of the last step under the fourth level above, shall submit a writt en letter to the City Manager, stating the matter has not been resolved and the intention to invoke arbitration before a neutral third party. Such statement, along with a copy of the record of the grievance developed to that point, shall be transmitted to the City Manager along with the statement of intention for an arbitration hearing.

The Association shall request a list of seven (7) arbitrators from the California State Mediation an d Conciliation Service no later than ten (10) working days after delivering the letter of intent to invoke arbitration. Upon receipt of the list of arbitrators, both the City and the Association shall have the opportunity to informally and mutually agree upon an arbitrator. Should neither side informally and mutually agree to an arbitrator, each side will begin the process of alternatively striking names that are unacceptable. Should no name be acceptable at the end of the striking process, within five ( 5) working days of the Association shall request a new list of seven (7 ) arbitrators from the State of California Mediation and Conciliation Service and upon receipt of such list, the striking process shall resume until such time that a mutually agree arbi trator has been selected by both parties. The cost of the arbitrator f ees, including travel and transcription services shall be equally shared by both the Association and the City. Each party shall be responsible for their own costs for the arbitration, including subpoena and witness fees. The final decision of the arbitrat or shall be final and binding upon both the Association and the City, however it is agreed and understood that the arbitrator does not have the authority to change any City rule, policy or resolution nor any provision of this agreement.

C. GENERAL PROVISIONS

1. The grievant is entitled to representation of his/her choice at any point in the grievance procedure.

2. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet a ny of the specified time lines shall entitle the grievant to appeal to the next level of review.

3. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. If the last day of the specified time period falls on a weekend or a City Hall observed holiday, it shall be moved to the next working day that City Hall is open. Otherwise, the time specified may be extend ed Regular Redlands Meeting of 07-05-2023
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only by mutual written consent.

4. Probationary employees may not grieve a rejection from probation.

5. Employees shall be assured freedom from reprisal for using the grievance procedure.

6. The Personnel Office shall act as a central repository for all grievance records.

7. Failure on the part of an employee or his/her representative to appear for any scheduled meeting without notification may constitute a withdrawal and waiver of the grievance.

Article 7: Prevailing Benefits
All terms and conditions of employment set fort h in the MOU, including past practices defined as such by prevailing law and which clarify the meaning of a contract provision, will remain in full force and effect for the term of the agreement unless modified by mutual agreement of the parties. All othe r matters affecting terms and conditions of employment and which constitute actual past practices defined as such by prevailing law, shall be subject to change during the tem of this MO U either by mutual agreement or by virtue of the meet and confer proces s and any applicable impasse resolution procedures being completed.

Article 8: Productivity
The City and the Union shall work together in the interest of maintaining and improving efficiency in all municipal operations, the conservation of materials, supplies, equipment, the improvement in quality of workmanship and service to the public.

Article 9: Promotions
Employees promoted to positions above the classification of Firefighter shall be advanced in salar y to a minimum of step 3 in that salary range. Upon satisfactory c ompletion of six (6) months probation they shall be advanced to step 4.

Article 10: Required Work Hours
The required hours per week for all Fire Department shift personnel shall be fifty six ( 56) hours per week.

Article 11: Rules and Regulations
Rules and regulations shall be a formal part of this agreement . New rules, or changes in rules, shall be accomplished through the meet and confer process. This meet and confer process w ill be limited to changes in said rules and regulations.

Article 12: Safety Practices
The Union supports the City’s safety program objectives and agrees to do its utmost to see that its members cooperate and improve safety practices.

Article 13: Savings Clause
If any provision of this MOU, or the application of such provision, should be rendered o r declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this MOU shall remain in full force and effect.

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Article 14: No Strike Provision
The Union agrees that it will not authorize, in stigate, aid, condone, or engage in any strike, which will interrupt or interfere with the operation of the City. The Employer places the Union on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

Article 15: Equivalent Benefits
If during the term of this agreement, another Redlands safety unit negotiates an increase to compensation in the following areas: base salary, tuition reimburseme nt, education incentive or leave accrual, such terms shall become applicable to Local 1354 members who shall receive an equivalent increase in compensation, only if the change in compensation results in a net increase in total compensation (i.e. the value of City provided benefits) to any unit member in the other safety unit.

Article 16: Lost Firefighter
The City will inter at Hillside Cemetery, at no cost to the firefighter or his/her family, any active firefighter who dies in the line of duty, or dies from any disea ses that is recognized by the State of California as being associated with the job of being a firefighter.

Article 17: Consolidation of Fire Services
Should the City consider consolidation of any City fire service that would impact Unit members, the City agrees to meet and discuss any such plans for changes in the fire service. Notwithstanding the commitment to meet and discuss any proposed changes in the fire service that would impact Unit members, the City agrees to meet and confer on any proposed changes in the f ire service required by the Meyers-Milias-Brown Act.

Article 18: Salaries
All unit members shall receive the following:

1. Effective the first full pay period following July 1, 2023, all unit members will receive a seven percent (7%) increase to base salary.

2. Effective the first full pay period following July 1, 2024, all unit members will receive a two percent (2%) increase to base salary.

3. Effective the first full pay period following July 1, 2025, all unit members will receive a two percent (2%) increase to base salary.

Article 19: Overtime Compensation
A. Overtime compensation shall be calculated and paid as follows:

B. Overtime pay shall be earned at time and one-half for all hours worked over an FLSA 7 day period/fifty-three (53) hours per week for shift personnel.

C. Overtime pay shall be earned at time and one-half for all hours worked over forty (40) hours per week for non-shift personnel.

D. Computation of overtime shall exclude time paid for holidays, vacation, sick leave, military leave, administrative leave, workers’ compensation, and compensatory time off.

E. Compensation for overtime shall be paid the payday following the FLSA 7 day work period in which the overtime is earned.

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Article 20: Education Incentive Pay
Employees may qualify for a seven and one -half percent (7. 5%) increase in base salary upon submitting satisfactory proof of the completion of the following educational requirements:

A. An Associate of Arts or an Associate of Science degree with eighteen (18) fire science units approved by the Fire Chief; or
B. Fifteen (15) years of sworn fire service and eighteen (18) fire science units as approved by the Fire Chief; or
C. State Fire Officer Certification or equivalent certification authorized by the State Board of Fire Services and sixteen (16) fire science units approved by the Fire Chief; or D. State Fire Inspector Series or equivalent certification authorized by the State Board of Fire Services and sixteen (16) fire science units approved by the Fire Chief.

Employees may qualify for a ten percent (10%) increase in base salary upon submitting satisfactory proof of the completion of the following educational requirements: Bachelor of Arts or Bachelor of Science degree with eighteen (18) fire science units approved by the Fire Chief.

Article 21: Certification Pay
The Fire Chief shall designate up to six (6) unit employees who shall possess and maintain a Fire Investigator Certification, recognized by the Office of the State Fire Marshall (OSFM), to receive a 5% increase in base salary. The number of designate d employees may be reduced if there are not six unit members that possess the appropriate certification.

The Fire Chief shall designate up to sixteen (16) unit employees who shal l possess and maintain a Hazardous Materials Technician Certification, r ecognized by the OSFM, to receive a 2.5% increase in base salary. The number of designated employees may be reduced if there are not six teen unit members that possess the appropriate certification.

Article 22: Longevity Pay
Employees in the unit with 19 years of continuous service wit h the City of Redlands shall advance to Step 7 on the salary schedule. In the event that a unit member is not at Step 6 when he/she is eligible for Step 7, the unit member will advance to the next step in their salary range and continue to advance based on merit until the unit member reaches Step 7.

Effective July 1, 2021, employees in the unit with 14 years of continuous service with the City of Redlands shall advance to Step 6 on the salary schedule. In the event that a unit member is not at Step 5 wh en he/she is eligible for Step 6, the unit member will advance to the next step in their salary range and continue to advance based on merit until the unit member reaches Step 6.

Article 23: Paramedic Pay
All members of Local 1354 (Captains, Engineers and Firefighters) who possess and maintain their paramedic certification shall receive a paramedic compensation allowance, which shall be equal to fifteen percent (15%) of Step 5 of the Firefighter Range.

Article 24: Call Back Pay
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compensated with six (6) hours minimum at straight time. This compensation shall be over and above the actual time worked.

Article 25: Paramedic Certification
Paramedic recertification hours shall be considered as overtime and cal culated and paid as set forth in the overtime compensation agreement.

Article 26: Uniform Allowance
Each employee in the unit shall receive a uniform allowance of five hundred dollars ($ 1100.00) per year, with $550 paid in January and $550 paid in June. In addition, the City shall provide each employee in the unit with five (5) shirts upon hire and every two (2) years thereafter. Uniforms damaged in the line of duty shall be replaced as determined by the Fire Chief.

Article 27: Bilingual Pay

Employees are eligible for bilingua l pay in accordance with the Ci ty’s Bilingual Pay Program and upon approval by the Department Head and City Manager. Authorized employees shall receive additional compensation in the amount of One Hundred Dollars ($100) per month.

Article 28: Deferred Compensation Contribution
The City shall make an annual contr ibution to the 401(a) on behalf of each member in the amount of $1125 plus 2% of salary.

On the first day after the last pay period in November, unit members that have a floating holiday balance of 24 hours, shall deposit the following into the 401(a) plan. Contributions will be made in the following order up to the IRS maximum allowed:

1. One hundred percent (100%) of available sick time at the end of the year available for buy-back shall be deposited.

2. One hundred percent (100%) of available floating holiday time shall be deposited.

3. Seventy-five percent (75%) of compensation time shall be deposited.

4. Sixty percent (60%) of vacation time shall be deposited.

Upon service or medical retirement under the PERS retirement plan, unit members shall deposit the cash value of their vacation, floating holidays, and comp time into the 401(a) program up to the maximum allowed by law.

Article 29: Payroll Deduction of Dues

The City agrees to ded uct each pay period, dues and a ssessments in an amount ce rtified to be current by the Secretary/Treasurer of the Union from the pay of each member of the unit. The total amount of deductions shall be remitted each pay period by the City to the Secretary/Treasurer of the Union.

Article 30: Medical Insurance

The City shall contribute directly to CalPERS on behalf of eac h employee three hundred and ninety- seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on Regular Redlands Meeting of 07-05-2023
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September 5, 1989 . In addition, the City shall contribute an amount through the City ’s cafeteria plan that is equal to th e difference between the City ’s PEMHCA minimum contribut ion and the following amounts:

July 1, 2023 January 1, 2024 January 1, 2025
Employee Only $ 750 $ 775 $ 800 Employee +1 $ 1,500 $ 1,550 $ 1,600 Family $ 1,950 $ 2,025 $ 2,100

City contributions to the cafeteria plan may be used toward available cafeteria benefits, i ncluding City medical premiums, expenditures covered und er Flexible Spending Accounts, and post- employment health plan (PEHP). For members of the De fined Class receiving contributions to the Retiree Medical Trust pursuant to below the City shall on a pre -tax basis deposit the cash value of the employee’s available cafeteria benefits to the employee’s Trust account.

There shall be no cash option for available cafeteria benefits.

Unit employees opting o ut of City medical covera ge shall receive $350 per month upon written proof of additional coverage.

RETIREE HEALTH
For unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety -seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.

Applicable only to unit members hired prior to City Council adopt ion of the 2012 -2015 MOU (October 16, 2012), upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with th e Ci ty of Redlands and who q ualify as annuitants under PEMHCA, the City shall c ontribute to a retiree health savings account the dif ference between the PEMHCA minimum and the cost of medical , dental and vision insurance premiums for the employee, spouse, a nd e ligible dependents (“lifetime health insurance. ”) Lifetime health insurance shall be at no cost to the retired employee and shall cover the employee and eligible dependents under a plan equal to that provided from time to time to full -time employees.

Lifetime health insurance includes medical, dental, vision care as provided in the unit MOU.

Unit members hired after October 16, 2012, who achieve fifteen (15) years of service and who qualify as an annuitant under PEMHCA shall be entitled to a “medical bridge” program for themselves upon retirement from the City until they become Medicare-Eligible. Under the “Medical Bridge,” the City will contribute to a Retiree Medical Trust as set for the below the difference between the PEMHCA minimum and the cos t of employee-only coverage for the least expensive equivalent health, vision and dental plan as provided by the City to its then existing unit members through the CalPERS medical plan until t he annuitant reaches the age of Medicare eligibility at which ti me the benefit will cease and annuitants will only receive the three hundred Regular Redlands Meeting of 07-05-2023
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and ninety-seven ($397) per month pursuant to Resolution No. 4572 adopted by the City council on September 5, 1989. Unit members who receive the medical bridge program can select coverage for dependents, however, the additional cost much be paid for by the an nuitant and will not be paid for by the City.

RETIREE MEDICAL TRUST
ACKNOWLEDGEMENT. The City acknowledges that Union has entered into an agreement with the IAFF Medical Ex pense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the “Trust”). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits.

DEFINED CLASS OF EMPLOYEES RECEIVI NG CO NTRIBUTIONS. The “Defined Class” of employees receiving contributions to the Trust, as set forth herein, consists of all employees o f the City of Redlands represented by the Union hire d on or after City Council adoption of 2012 -2015 MOU (October 16, 2012). Employees hired prior to October 16, 2012 shall be excluded from Trust participation.

EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution of $ 200.00 per month on a pre -tax basis from the pay of every employee in the Defined Class and shall transmit such contributi ons to the Trust pursuant to the requirements in Section F below. No employee in the Defined Class shall be pe rmitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.

EMPLOYER CONTRIBUTION AMOUNT. The City s hall make a mandatory employer contribution to the Trust of $100.00 per month on a pre -tax basis for every employ ee in t he Defined Class. No employee in the Defined Class shall be per mitted to opt -out of the mandatory contributions or receive any portion of the employer contribution in cash.

CONTRIBUTORY RETIREE CONTRIBUTION . For every employee in the Defined Class meeting the requirements set forth in Section 3 above, the City shall u pon the employee’s retirement from the City contribute the Medical Brid ge benefit in accordance with the terms set forth in above to the retiree’s Trust account on a pre -tax basis. No em ployee/retiree in the Defined C lass shall be permitted to opt-out of the mandatory contributions or receive any portion of the Medical B ridge contribution in cash.

MANDATORY ACCRUED VACATION LE AVE CONRIBUTI ON (at Separation other than retirement ).

For every employee in the Defined Class, the City shall, upon the employee’s separation from the City, irrevocably contribute to the employee’s Trust account on a pre-tax basis, an amount equal in value to 100% of the payments that would otherwise be paid to the employee for unused vacation leave under this MOU. No cash out option will be available.

REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding.

Those contribut ions shall be remitted per pay period, in one aggregate [ACH transfer or wire] directly to the custodian of the Trust within 30 days of the date the pa yment would have been payable to the employee.

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REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a report o f contributing employees for each contributi on sent to the Trust , in the format request ed by the Trust.

The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein.

Article 31: Dental Insurance
The City shall contribute the entire monthly premium for employees and eligible dependents under the Principal Financial or equivalent dental plan.

Article 32: Life Insurance
The City shall contribute the entire monthly premium for a life insurance policy in the amount of twenty five thousand dollars ($25,000) for all employees in the unit.

Article 33: Vision Care
The City agrees to contribute the entire monthly premium for members of this unit and their eligible dependents for a vision insurance plan with VSP Vision or its equivalent.

Article 34: Wellness Program
The City and Un ion agree to develop a committee to discuss and potent ially implement a mutually agreed upon wellness program.

Article 35: Disability Insurance
The City agrees to provide State Disability Insurance (SDI) to all members of the unit.

Article 36: Driver’s License Physical Examinations
The City shall pay for the required physical e xaminations of employees required by their job classifications to maintain Class A or Class B driver’s li censes. Time spent participating in the required physical examination will be considered as time worked.

Article 37: Modified Duty Policy
The Union agrees that the City’s modified duty policy also applies to members of this unit, with the stipulation that all modifi ed duty will occur within either the Police or Fire Department s. The City agrees to enter into discussions concerning modified duty for personnel inju red while off duty on a case by case basis.

Article 38: Minimum Staffing Levels
The City shall maintain a mi nimum sta ffing level, utilizing members of Local 1354. Each engine company will be staffed by three (3) suppression personnel, each truck company will be staffed with four (4) suppression personnel and each pa ramedic squad will be staffed with two (2) suppression personnel. All engine companies shall have one (1) captain, one (1) engineer, and one (1) firefighter as part of their staffing. All truck companies sha ll have one (1) captain, two (2) engineers, and one (1) firefighter as part of their sta ffing. Any advanced life support (paramedic) unit shall have a minimum of two (2) paramedics. Any param edic assessment unit (PAU) shall have Regular Redlands Meeting of 07-05-2023
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a minimum of one (1) para medic. The minimum daily staffing levels shall not drop below eighteen (18) personnel excluding the Battalion Chief.

If during the term of this Agreement, the City is prepared to open a fif th fire station, the parties agree to reopen the Agreement to b egin meet and confer discussions r egarding Article 39, Minimum Staffing, within no less than three (3) months of the scheduled opening. This reopener shall be limited to negotiating an increas e in minimum staffing to staff a fifth fire station (i.e., the City shall not make any proposals to decre ase or eliminate minimum staffing). The parti es understand that nothing herein requires the City to increase minimum staffing.

Article 39: Personal Exposure Reporting System
The City shall continue to contribute the entire cost of the Personal Exposure Repo rting Recording System developed by the California Pro fessional Firefighters Association and Administered by the California Firefighter Foundation. The Association shall provide the City with the Personal Exposure Reporting Recording System annual report.

Article 40: Union Activities
Section 40.01: MEET AND CONFER
A. Local 1354 may a ppoint me mbers of its union to serve on a bargaining team for the purpose of meeting and conferring with City officials, however bargaining team members must be identified prior to bargaining commencing . Release time for bargaining shall be with the approval of the Fire Chief. Should the department be unable to provide release time, another bargaining sessi on shall be scheduled at a mutually agreeable time between the Union and City.

B. Firefighters servi ng on th e bargaining team during their scheduled worki ng hours shall earn their regular rate of pay during any workday hours that bargaining occurs.

Firefighters not on duty shall not earn pay, including overtime, for meet ing and conferring.

Section 40.02: GRIEVANCE HANDLING
A. Local 1354 may appoint members of its union to ac t as employee representatives for the purpose of investigating grievances and attending grievance meeting s. Release time for grievance handling shall be with the appro val of the Fire Chief. Should the department be unable to provide release time, another time sha ll be scheduled that is mutually agreeable between the Union and City.

B. Firefighters acting as em ployee representatives for the purpose of grievance handling during their scheduled working hours shall earn their regular rate of pay during any work day hours that grievance handling occurs. Firefighters not on duty shall not earn pay, including overtime, for grievance handling.

Section 40.03: OFFICIAL UNION BUSINESS
A. Each year Loc al 1354 members may contribute vac ation le ave hours to create a total bank of two hundre d-forty ( 240) hours that members may utilize for Official Union Business Leave, such as attending trainin g or conventions. Official Union Business Leave must be pre-approved by the Fire Chief and the City Manager.

B. The City agrees to provide release time f or one Un ion representative for up to three consecutive shifts for the attendance of I.A.F.F. and/or C.P. F. legislative conferences, I.A.F.F. and/or C.P.F. general conferences and educational seminars.

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Section 40.04: NOTIFICATION OF UNION OFFICIALS
A current list of memb ers making up the Board of Directors, including their term of office, shall be submitted to the Personnel Office and Fire Chief as changes in Board membership occur.

Section 40.05: UNION MEETINGS
The Union shall be allowed the use of City facilities to hold union meetin gs. Repr esented employees who are on duty shall be allowed to attend said meetings with approval of the duty Chief.

Article 41: Retirement – Public Employees’ Retirement System (PERS) A. Only a s to unit members hired prior to January 1, 20 13 (“Classic Members”) , t he City shall provide the following provisions in its contract with the PERS retirement system:

1. 3% @ 50 Retirement Formula

2. Survivor Continuance

3. Highest Single Year

4. All classic unit members, including those employed by the City prior January 1, 2013, shall individually pay the Government Code section 20678 CALPERS Local Safety Member Contribution as follows: 9% of “compensation” as defined in the Government Code.

B. Public Employees Pension Reform Act (PEPRA):

1. PEPRA shall in its entirety be given full force and effect as it may from time to time exist, as described below.

2. Unit employees newly employed by the City on and after January 1, 2013 (“New Members”), shall individually pay an initial Member CALPERS contr ibution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said n ewly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate o f similarly situated employees, whichever is greater. (Government Code section 7522.30)
Unit members who ar e new Cit y employees on and after January 1, 2013, shal l be enro lled in the SAFETY OPTION PLAN TWO (2.7% at 57) (Government Code section 752 2.25(e), with final pensionable compensation (as defined for ne w members in Government Code § 75 22.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).)

C. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a pre-tax basis.

Article 42: Defined Contribution & Contribution Plans
A. The City shall make available to Association members a qualified 401a, 401 Def ined Contribution, Defined Distribution plan(s) and a Retiremen t Health Savings Plan, as allowed by law. All programs shall be structured in accordanc e with St ate and Federal law.

B. For Association members depositing the accrued buy back amo unts placed into qualified plan(s), the City shall make the deposit into the appropriate account on a pre-tax basis.

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Article 43: Death on Duty
A. If an employee dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased employees shall be entitled to benefits as follows:

B. Sick leave accruals, lifetime medi cal insura nce and other applicable benefits shall be calculated a nd/or compensated according to the eligibility requirements stated in the current MOU.

C. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City sh all calculate and/or compensate benefits in the same manner as an employee service retirement.

Article 44: Vacation
A. The vacation accrual for employees in the unit shall be as follows:

1. 24 Hour Shift Personnel

YEARS/MONTHS OF SERVICE SHIFTS
1 – 5 (0-59 MOS) 5
6 – 7 (60-83 MOS) 6
8 – 9 (84-107 MOS) 7
10 – 13 (108-155 MOS) 8
14 – 15 (156-179 MOS) 9
16 – 20 (180-239) 10.5
20 + (240+ MOS) 11

2. 8 Hour Shift Personnel

YEARS/MONTHS

OF SERVICE HOURS
1 – 5 (0-59 MOS) 80
6 – 7 (60-83 MOS) 120
8 – 9 (84-107 MOS) 128
10 – 11 (108-131 MOS) 136
12 – 13 (132-155 MOS) 144
14 – 15 (156-179 MOS) 152
16 – 20 (180-239 MOS) 160
21 (240-251 MOS) 168
22 (252-263 MOS) 176
23 (264-275 MOS) 184
24 (276-287 MOS) 192
25 + (288+ MOS) 200
B. Effective J uly 1, 2023, employees may accrue a maximum of 528 hours. Once an employee accrues 528 hours, they will no longer accrue hours until their balance falls below the 528 hours cap. Employees shall be p aid for unused vacation at the time o f separation.

C. There shall be a limit of eight (8) personnel off for vacation per shift as follows:

1. Two (2) Captains,

2. Two (2) Engineers,

3. Three (3) paramedics, and

4. One (1) firefighter.

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Article 45: Compensatory Time
A. The City shall provide each employee in t he unit wi th the option of receiving overtime compensation in the form of compensatory time off (CTO) or cash payment. Employees shall be authorized to accumul ate no more than two hundred -forty (240) hours of CTO during any calendar year. Should there be an excess of two hundred-forty (240) hours at the end of the calendar year, all hours over two hundred -forty (240) hours shall be paid out in cash. All accumulated CTO shall be utilized within twelve (12) months of the time it is earned.

B. Employees shall be authorized to utilize the accumulated CTO for any purpo se. The C ity agrees that it is at the discretion of the employee to use compensatory time off in lieu of vacation or holiday time.

Article 46: Sick Leave
Section 46.01: ACCRUAL
Paid sick leave shall accrue at 5.6 hours per p ay period and taken in twenty -four (24) hour shifts. Em ployees who work a forty (40) hour week will accrue sick leave at 3.7 hours per pay period.

Section 46.02: BUY-BACK
A. 24 Hour Shift Personnel

1. Unit employees with more than seven hundred (700) hours of sick leave accrual may buy back up to three (3) shifts of sick leave accrual each year, based on the following schedule:

No sick leave used during applicable period – buy back three (3) shifts.

One (1) shift of sick leave used during applicable period – buy back two (2) shifts.

Two (2) sick leave shifts used during applicable period – buy back one (1) shift.

Three (3) or more shifts of sick leave used during applicable period – no buy back entitlement.

2. Unit employees with more than one thousand one hundred (1100) hours o f sick leave accrual may buy back up to six (6) shifts o f sick leave accrual each year, based on the following schedule:

No sick leave used during applicable period – buy back six (6) shifts.

One (1) shift of sick leave used during applicable period – buy back five (5) shifts.

Two (2) sick leave shifts used during applicable period – buy back four (4) shifts.

Three ( 3) sick leave shifts used during applicable per iod – buy back three (3) shifts.

Four (4) sick leave shifts used during applicable period – buy back two (2) shifts.

Five (5) sick leave shifts used during applicable period – buy back one (1) shift.

Six (6) sick leave shifts used during applicable period – no buy back entitlement.

3. The election to sell leave shall be made no later than December 15 of the year prior to payment. Payment will be made in Nov ember of the following year. Elections made are irrevocable and may not be changed once submitted. A u nit member must meet the hour requirements for the buyback elected at time of payment. If they do not mee t the required hours at the time of payment th ey will r evert to the maximum buyback for which they qualify.

B. 40 Hour Week Personnel

1. At the end of each calendar year, e ach employee in the unit may elect to be paid cash at th eir prevailing hourly rate for each sick leave day accumulated during the Regular Redlands Meeting of 07-05-2023
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preceding calendar year, in ex cess of six (6) sick leave days, to be paid in November of the following year. A total of one (1) year’s accumulation must be on the books prior to any compe nsation being paid. This election is irrevocable and may not be changed once the election is ma de. Unit members may also choose to accumulate all sick leave days from year to year to an unlimited amount.

Section 46.03: ACCRUAL PAYMENT UPON RETIREMENT
A. Upon service or medical retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees with less than fifteen (15) years service with the City may elect one (1) of the following options for payment of unused sick leave:

1. Convert all remaining sick leave accrued at the time of retirement to cash value at the final rate of pay and deposit in the Post Employment Health Plan (PEHP) where it can be used for applicable premiums payable under the City’ s medical insurance program for the employee and 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 towards the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.

2. At the time of service retirement, disability retirement, or at the death of an active employee, accrued sick leave may be cashed out at the prevailing hourly rate at three-percent (3%) for each year of service to a maximum of 100%.

3. At the time of retirement or disability retirement extend service credit equal to one hundred percent (100%) of accrued sick leave on the books.

B. Upon service or medical retirement under the PERS retirement plan, or i n the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years service with the City, shal l be provided lifetime health insurance or the Medical Bridge in accordance with Article 31, Sectio n D. In addition, affected employees also have the opt ion of be ing compensated for unused sick leave on the books at the time of retirement by either option 2 or 3 above.

Article 47: Holiday Schedule and Holiday Carryover Prohibition A. Twenty-four (24) hour shift personnel in the unit shall be compensat ed with fourteen (14) 12-hour holidays per year a nd two (2 ) 12-hour floating holidays per year. Effective January 1, 1997, compensation shall be based o n 6.46 hours for 26 pay periods. Floating holidays not used by December 31st of each year will be paid off the following January.

B. Within the first week of D ecember, represented shift personnel shall have the option of submitting to the Finance Departm ent a declaration of intent to convert their 168 hours of holiday pay to one hundred sixty eight (168) hours of compensatory time off f or the ensuing calendar year.

C. Non-shift personnel shall receive the same holidays granted to other employ ees as established by Council Resolution.

D. Non-shift personnel shall not be allowed to carry over holidays from one calendar year to another. Floating holidays not taken by December 31 shall be paid off in January of the following year.

E. Holidays shall be p aid at the rate o f pay applicable to the shift to which the employee is regularly assigned and shall incl ude supplemental pay (Paramedic Pay, Education al Incentive, Certification Pay) which may apply to the specific firefighter. The city will Regular Redlands Meeting of 07-05-2023
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report to Ca lPERS the Holiday Cash out amounts. This amount is derived from an employee’s left over holida y cash out amount and paid at regular rate, which includ es base p ayrate, paramedic pay, and educational incentive pay. The city will report the holiday cash out on an annual basis to CalPERS in January of each year.

Article 48: Bereavement Leave
In the case of death in the im mediate family, shift personnel will be compen sated with forty eight (48) hours paid leave and hourly employees will be compensated with two (2) days p aid leave.

Immediate family shall b e defined as the following relatives to either the employee , register ed domestic partner or spouse of the employee: spouse, child (including a foster child or ward of the court), parent, grandparent, grandchildren, brother and sister.

Article 49: Leave of Absence Without Pay
If an employee takes more than five (5) accumulate d days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereaft er during the calendar year; sick le ave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay.

Article 50: Shift Exchange
Employees shall have the right to exchange shifts on an “unlimited freedom of trade” basis as long as the trade does not interfere with the normal operation of t he Fire De partment. The Fire Chief shall approve such procedure.

Article 51: Article 52: Zipper Clause
The parties agree that all negotiable items have been discussed dur ing negotiations leading to this MOU, including salaries and benefits, and conditions of employ ment and t herefore further agree that negotiations will not be re opened on any item during the life of this MOU except my mutual agreement or as provided elsewhere in this MOU.

Article 52: Signatures

CITY OF REDLANDS

REDLANDS PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL NO. 1354 I.A.F.F.

Brent Fuller, President Date
Eddie Tejeda, Mayor Date
Attest: Dustin Whitaker, Vice President Date

Jeanne Donaldson , City C lerk
Date

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MEMORANDUM OF UNDERST ANDING

BETWEEN

THE CITY OF REDLANDS
AND

THE REDLANDS PROFESSIONAL

FIREFIGHTERS ASSOCIATION

UNION LOCAL NO. 1354, I.A.F.F.

JULY 1, 2023 – JUNE 30, 2026

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MEMORANDUM OF UNDERSTANDING
Between

The City of Redlands
And
The Redlands Professional Firefighters Association

Union Local No. 1354, I.A.F.F.

July 1, 2023 – June 30, 2026

Article 1: Term of Memorandum of Understanding ............................................................................. 4 Article 2: Preamble.............................................................................................................................. 4 Article 3: Recognition .......................................................................................................................... 4 Article 4: Management Rights ............................................................................................................. 4 Article 5: Discrimination ...................................................................................................................... 4 Article 6: Grievance Procedure ........................................................................................................... 4 Article 7: Prevailing Benefits ............................................................................................................... 7 Article 8: Productivity .......................................................................................................................... 7 Article 9: Promotions ........................................................................................................................... 7 Article 10: Required Work Hours .......................................................................................................... 7 Article 11: Rules and Regulations ......................................................................................................... 7 Article 12: Safety Practices ................................................................................................................... 7 Article 13: Savings Clause .................................................................................................................... 7 Article 14: No Strike Provision .............................................................................................................. 8 Article 15: Equivalent Benefits .............................................................................................................. 8 Article 16: Lost Firefighter ..................................................................................................................... 8 Article 17: Consolidation of Fire Services ............................................................................................. 8 Article 18: Salaries ................................................................................................................................ 8 Article 19: Overtime Compensation ...................................................................................................... 8 Article 20: Education Incentive Pay ...................................................................................................... 9 Article 21: Certification Pay ................................................................................................................... 9 Article 22: Longevity Pay ...................................................................................................................... 9 Article 23: Paramedic Pay .................................................................................................................... 9 Article 24: Call Back Pay ...................................................................................................................... 9 Article 25: Paramedic Certification ...................................................................................................... 10 Article 26: Uniform Allowance ............................................................................................................. 10 Article 27: Bilingual Pay ...................................................................................................................... 10 Regular Redlands Meeting of 07-05-2023
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Article 28: Deferred Compensation Contribution ................................................................................ 10 Article 29: Payroll Deduction of Dues ................................................................................................. 10 Article 30: Medical Insurance .............................................................................................................. 10 Article 31: Dental Insurance ................................................................................................................ 13 Article 32: Life Insurance .................................................................................................................... 13 Article 33: Vision Care ........................................................................................................................ 13 Article 34: Wellness Program ............................................................................................................. 13 Article 35: Disability Insurance ............................................................................................................ 13 Article 36: Driver’s License Physical Examinations ............................................................................ 13 Article 37: Modified Duty Policy .......................................................................................................... 13 Article 38: Minimum Staffing Levels .................................................................................................... 13 Article 39: Personal Exposure Reporting System ............................................................................... 14 Article 40: Union Activities .................................................................................................................. 14 Article 41: Retirement – Public Employees’ Retirement System (PERS) ........................................... 15 Article 42: Defined Contribution & Contribution Plans ........................................................................ 15 Article 43: Death on Duty .................................................................................................................... 16 Article 44: Vacation ............................................................................................................................. 16 Article 45: Compensatory Time .......................................................................................................... 17 Article 46: Sick Leave ......................................................................................................................... 17 Article 47: Holiday Schedule and Holiday Carryover Prohibition ........................................................ 18 Article 48: Bereavement Leave ........................................................................................................... 19 Article 49: Leave of Absence Without Pay ......................................................................................... 19 Article 50: Shift Exchange ................................................................................................................... 19 Article 51 Z ipper Clause .................................................................................................................... 19 Article 52: Signatures .......................................................................................................................... 19

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Article 1: Term of Memorandum of Understanding
Except where expressly stated otherwise herein, the City and As sociation agree that the provisions of this Memorandum of Understan ding shall become effective July 1, 2023 and expire on June 30, 2026.

Article 2: Preamble
This Memorandum of Understanding (MOU) is entered into by and between the City of Redlands, hereinafter referred to as “City”, and the Redlands Professional Firefighters Association, Local No. 1354, International Association of Firefighters, hereinafter referred to as “Union.” It is the purpose of this MOU to achieve and maintain harmonious relations be tween the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise; and to establish wages, hours, and terms and conditions of employment, as agreed to, for the term of this MOU The parties hereby agree that the t erms of the MOU shall not become effective unless and until approved by appropriate action of the City Council of the City of Redlands.

Article 3: Recognition
The City recognizes the Union as the exclusive bargaining agent for all safety employees of the Fire Department (Firefighter, Fire Engineer, and Fire Captain ), excluding the Fire Chief, Deputy Fire Chiefs, Fire Battalion Chiefs.

Article 4: Management Rights
The authority of the City includes the exclusive right to determine the mission of its constituent departments, co mmissions and boards; set standards of service; determine the proce dures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimat e reasons; maintain the efficiency of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job clas sifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights doe s not preclude employees or their representatives from meeting and conferring on the effects that decisions on these matters may have on wages, hours , benefits and working conditions.

Article 5: Discrimination
The City agrees not to discriminate against any employee for their activity on behalf of, or membership in, the Union and other terms and conditions of employment.

Article 6: Grievance Procedure

Section 6.01: GRIEVANCE DEFINED
A grievance is an alleged violation of this Memorandum of Understanding, the Personnel Rules or a written City policy.

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Section 6.02: PROCEDURE
A. INFORMAL PROCEDURE
The grievant and the City’ s representative shall make every effort to resolve the grievance at the lowest level of supervision. Thus, the grievant shall attempt to discuss the grievance with the immediate supervisor before resorting to the Formal Grievance Procedure, below.

However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance Procedure (ten working days from the date the grievance allegedly occurred), the grievant must proceed to the Formal Grievance Procedure in accordance with the time limits therein or he/she will have waived the right to proceed in the Formal Grievance Procedure.

B. F

ORMAL GRIEVANCE PROCEDURE

1. First Level of Review
The griev ant shall present the formal grievance in writing to his/her supervisor within ten (10) working days from the alleged occurrence of the violation. The written grievance shall contain the following information:
a. Name of grievant and job title;
b. Department/Section;
c. Clear and concise statement of the nature of the grievance incl uding the circumstances and dates involved;
d. The specific provisions of the Memorandum of Understanding, City Policy or Personnel rules alleged to have been violated;
e. Requested remedy;
f. Name of the grievant’s representative, if any; and
g. Date and signature of grievant.

The supervisor shall render a decision and comments in writing and return them to the grievant within ten (10) working days after receiving the written grievance. If the grievant does not agree with the supervisor’s decision or if no answer ha s been received within the specified time period, the grievant shall present the grievance in writing to the Department Head to his/her designee within ten (10) working days of the date the supervisor’s decision is rendered or should have been rendered pursuant to the specified time period.

2. Second Level – Department Head Review
The Department Head or his/her designee shall discuss, upon request, the grievance with the grievant, the g rievant’s representative if any, and with other appropriate persons. The Department head or designee shall render his/her decision and comments within ten (10) working days after receiving the formal grievance. If the grievant does not agree with the deci sion reached or if no answer has been received within the specified tim e period, the grievant may move the grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the City Manager, along with a written request that the grievance be considered at the third level, wi thin ten (10) working days of the date the Department Head’s decision is rendered, or should have been rendered, pursuant to the specified time period.

3. T
HIRD LEVEL – CITY MANAGER
If t he grievance is submitted to the City Manager for review and settlement, the City Manager may elect the methods he/she considers appropriate for the study of the issues and shall render a written decision to the parties within ten (10) working days of Regular Redlands Meeting of 07-05-2023
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receipt the grievance.

4. FOURTH LEVEL – ADVISORY MEDIATION
If the grievance has not been resolved after completion of the fourth level above, either the Union or the City may request non- binding mediation through the State of California, Department of Industri al Relations Mediation and Conciliation Service. This mediation shall be provided by the State at no cost to either the City , to the employee, or the Association. This step shall be inapplicable if a cost is to be incurred by any party or person.

5. FIFTH LEVEL – BINDING ARBITRATION
If the grievance is not adjusted to the sat isfaction of the employee under the procedures set forth in the foregoing sessions, the employee or his designated representative, if any, within ten (10) working days after the completion of the last step under the fourth level above, shall submit a writt en letter to the City Manager, stating the matter has not been resolved and the intention to invoke arbitration before a neutral third party. Such statement, along with a copy of the record of the grievance developed to that point, shall be transmitted to the City Manager along with the statement of intention for an arbitration hearing.

The Association shall request a list of seven (7) arbitrators from the California State Mediation and Conciliation Service no later than ten (10) working days after delivering the letter of intent to invoke arbitration. Upon receipt of the list of arbitrators, both the City and the Association shall have the opportunity to informally and mutually agree upon an arbitrator. Should neither side informally and mutually agree to an arbitrator, each side will begin the process of alternatively striking names that are unacceptable. Should no name be acceptable at the end of the striking process, within five ( 5) working days of the Association shall request a new list of seven (7 ) arbitrators from the State of California Mediation and Conciliation Service and upon receipt of such list, the striking process shall resume until such time that a mutually agree arbi trator has been selected by both parties. The cost of the arbitrator fees, including travel and transcription services shall be equally shared by both the Association and the City. Each party shall be responsible for their own costs for the arbitration, including subpoena and witness fees. The final decision of the arbitrator shall be final and binding upon both the Association and the City, however it is agreed and understood that the arbitrator does not have the authority to change any City rule, policy or resolution nor any provision of this agreement.

C. GENERAL PROVISIONS

1. The grievant is entitled to representation of his/her choice at any point in the grievance procedure.

2. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified time lines shall entitle the grievant to appeal to the next level of review.

3. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and every effort should be made to expedite the process. If the last day of the specified time period falls on a weekend or a City Hall observed holiday, it shall be moved to the next working day that City Hall is open. Otherwise, the time specified may be extend ed Regular Redlands Meeting of 07-05-2023
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only by mutual written consent.

4. Probationary employees may not grieve a rejection from probation.

5. Employees shall be assured freedom from reprisal for using the grievance procedure.

6. The Personnel Office shall act as a central repository for all grievance records.

7. Failure on the part of an employee or his/her representative to appear for any scheduled meeting without notification may constitute a withdrawal and waiver of the grievance.

Article 7: Prevailing Benefits
All terms and conditions of employment set forth in the MOU, including past practices defined as such by prevailing law and which clarify the meaning of a contract provision, will remain in full force and effect for the term of the agreement unless modified by mutual agreement of the parties. All othe r matters affecting terms and conditions of employment and which constitute actual past practices defined as such by prevailing law, shall be subject to change during the tem of this MO U either by mutual agreement or by virtue of the meet and confer process and any applicable impasse resolution procedures being completed.

Article 8: Productivity
The City and the Union shall work together in the interest of maintaining and improving efficiency in all municipal operations, the conservation of materials, supplies, equipment, the improvement in quality of workmanship and service to the public.

Article 9: Promotions
Employees promoted to positions above the classification of Firefighter shall be advanced in salary to a minimum of step 3 in that salary range. Upon satisfactory completion of six (6) months probation they shall be advanced to step 4.