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audit if the audit determines that Client's underpayment exceeds 10% of sums due for any quarter.

4. PROPRIETARY RIGHTS

4.1. Reservation of Rights. The Services are not sold to Client or any third party .

LCPtracker reserves all rights, title, and interest in and to Services and its underlying software covered by this Agreement, including but not limited to all related intellectual property rights. No rights are granted to Client hereunder (whether by waiver, implication, estoppel, or otherwise) other than as expressly set forth herein or a Product Schedule for the Term.

4.2. Additional Purchases and Affiliate Use. Client or Client Affiliates may, at additional cost, purchase access to other LCPtracker products by entering into new Product Schedules.

Unless otherwise stated in the applicable Product Schedule , Client shall be and remain jointly and severally liable for any such Affiliates’ obligations under this Agreement.

4.3. Feedback and Aggregated Statistics . Any suggestions, enhancement requests, forms created, recommendations or other feedback relating to the operation /provision of the Services provided by Client, including by Users, or worked on by LCPtracker and Client/Users (“Feedback”), during and after the Term is and remains the intellectual property of LCPtracker and LCPtracker has all rights therein to exploit and commercialize any Feedback as LCPtracker chooses without compensation or other consideration to Client or any Users. LCPtracker is no t required to use any Feedback. Notwithstanding anything to the contrary in this Agreement, LCPtracker may monitor Client and Users use of the Services and collect and compile Aggregated Statistics. As between LCPtracker, the Client and its Users, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by LCPtracker without compensation or other consideration to Client . Client acknowledges that LCPtracker may compile Aggregated Statistics based on Feedback. Client agrees that LCPtracker may (i) make Aggregated Statistics publicly available in compliance with Applicable Law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under Applicable Law, provided that such Aggregated Statistics do not identify the Client’s or Users’ Confidential Information. All Users of Services may be contacted by LCPtracker with information about LCPtracker events, services or products, and they will be given the opportunity to opt -out of any such communications.

4.4. Federal Government End Use Provisions. LCPtracker provides the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR

12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data - Commercial Items) and DFA R 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with LCPtracker to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.

4.5. Client Data. LCPtracker acknowledges that, as between LCPtracker and Client, Client Redlans Regular Meeting of 09-05-2023
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owns all right, title, and interest, including all intellectual property rights, in and to the Client Data. Client hereby grants to LCPtracker a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Client Data and perform all acts with respect to the Client Data as may be necessary for LCPtracker to provide the Services to Client, and a non -exclusive, perpetual, irrevocable, royalty -free, world wide license to reproduce, distribute, modify, and otherwise use Client Data within the Aggregated Statistics and Feedback. LCPtracker is not responsible for any errors due to inaccurate information provided by Client or Users.

5. CONFIDENTIALITY

5.1. Definition of Confidential Information. As used herein, "Confidential Information" means all information disclosed by a Party ("Disclosing Party") to the other Party ("Receiving Party"), and expressly and clearly marked or stamped as confidential by Disclosing Party such that it can be understood by Receiving Party to be confidential . Without prejudice to the generality of the foregoing Confidential Information shall include business and marketing plans, technology and technical information, product plans, and designs, and business processes disclosed by a Party, bu t shall exclude this Agreement and its exhibits and attachments. However, Confidential Information shall also not include any information that (i ) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, (iv) determined by Receiving Party to be exempt from disclosure pursuant to Applicable Law, court order or subpoena; or (v) was independently developed by the Receiving Party without access or reference to the Disclosing Party’s Confidential Information.

5.2. Protection of Confidential Information. Except as provided otherwise herein, t he Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), and (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and the applicable Product Schedule.

5.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by Applicable Law, subpoena or court order to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.

6. WARRANTIES AND DISCLAIMERS

6.1. Warranties. LCPtracker warrants that (i) LCPtracker has validly entered into this Agreement, (ii) the Services shall perform materially in accordance with the Documentation, (iii) LCPtracker will perform the Services using personnel of required skill, experience, and qualifications and in a professional and wo rkmanlike manner in accordance with generally recognized industry standards for similar services, and (iv) LCPtracker will not transmit Malicious Code to Client, provided it is not a breach of this subpart (iv) if Client or a User uploads a file containing Malicious Code into the Services Redlans Regular Meeting of 09-05-2023
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and later downloads that file containing Malicious Code. For any breach of a warranty in this Section, Client’s exclusive remedy shall be as provided in Section 10.1 and Section

10.4. LCPTRACKER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.

6.2. Client Warranties. Client represents and warrants that (i) Client has validly entered into this Agreement, (ii) Client has collected all PII in accordance with all Applicable Law, including in relation to the provision of any notice and for obtaining any consent required under any Applicable Law, contract, or privacy policy in connection with Client’s provision of PII into the Services to LCPtracker under this Agreem ent, (iii) Client has all sufficient and necessary rights to transfer PII into the Services to LCPtracker under this Agreement, (iv) Client has the rights to use the data in the Services in the manner it chooses to utilize the Services; and (iv) Client will follow best practices in relation to data security . Client acknowledges that Client is solely responsible for the content uplo aded into the Services and warrants that Client shall comply with all Applicable Law in its use of the Services and shall require all Users to acknowledge and agree to comply with Applicable Law, any applicable User terms of service or privacy policy, and the requirements of this Agreement in the same way as they apply to Client.

6.3. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, THE SERVICES ARE PROVIDED “AS IS” AND LCPTRACKER DISCLAIMS ALL

WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY

OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED

WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON -

INFRINGEMENT, AND ALL WARRANTIES AR ISING FROM COURSE OF

DEALING, USAGE, OR TRADE PRACTICE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED

HEREIN, LCPTRACKER MAKES NO WARRANTY OF ANY KIND THAT THE

SERVICES WILL, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY

INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE,

SYSTEM, OR OTHER SERVICES, OR BE SECURE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.

7. MUTUAL INDEMNIFICATION

7.1. Indemnification by LCPtracker. LCPtracker shall defend Client against any claim, demand, or proceeding made or brought against Client by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the US intellectual property rights of such third party in respect of the Services (a "Claim Against Client"), and shall indemnify Client for any damages, reasonable attorney fees and costs finally awarded against Client as a result of, and for amounts paid by Client under a court-approved settlement of a Claim Against Client; provided that Client (a) promptly provides LCPtracker written notice of the Claim Against Client; (b) allows LCPtracker sole control of the defense and settlement of the Claim Against Client (provided that LCPtracker may not settle any Claim Against Client unless the settlement unconditionally releases Client of all liability); and (c) provides to LCPtracker all reasonable assistance, at LCPtracker’s expense. In the event of a Claim Against Client, or if LCPtracker reasonably believe the Services may infringe or misappropriate a third party’s intellectual property rights , LCPtracker may, in LCPtracker’s Redlans Regular Meeting of 09-05-2023
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sole discretion and at no cost to Client, (x) modify the Services so that they are no longer infringing, without breaching LCPtracker warranties under Section 6.1 above, (y) obtain a license for Client’s continued use of the Services in accordance with this Agreement, or (z) if LCPtracker determines that neither of the foregoing is commercially practicable and if Client is not permitted to continue using the Services, then this Agreement will terminate with respect to such infringing Services, and Client shall be entitled to recover from LCPtracker an amount equal to a pro-rated portion of the applicable prepaid Service Fees paid for the Services for the remaining Subscription Term for the applicable Services. LCPtracker shall have no liability for any infringement claim based on Client Data, or Client’s or its Users’ use of the Services in a manner not permitted hereunder, where such claim would not arise but for such Client Data or Client’s or its Users’ unauthorized use of the Client Data or the Services. LCPtracker will not be held responsible for actions outside its reasonable control and retains all its defenses at law and at equity.

7.2. Indemnification by Client. Unless prevented by Applicable Law, Client shall indemnify, hold harmless, and, at LCPtracker’s option, defend LCPtracker, it’s directors, officers and employees against any claim, demand, suit or proceeding made or brought against LCPtracker by a third party alleging that Client Data, or Client’s or its Users’ use of the Services in a manner not permitted hereunder, (i) infringes or misappropriates the intellectual property rights of a third party or (ii) violates Applicable Law, including, without limitation, a Client’s breach of Section 6.2(iii) (together with Section 7.2(i) , a "Claim Against LCPtracker"), and shall indemnify LCPtracker for any damages, attorney fees and costs finally awarded against LCPtracker as a result of, or for any amounts paid by LCPtracker under a court-approved settlement of, a Claim Against LCPtracker; provided that LCPtracker (a) promptly give s Client written notice of the Claim Against LCPtracker; (b) give s Client sole control of the defense and settlement of the Claim Against LCPtracker (provided that Client may not settle any Claim Against LCPtracker unless the settlement unconditionally releases LCPtracker of all liability); and (c) provide s to Client all reasonable assistance, at Client expense.

7.3. Exclusive Remedy. THIS SECTION 7 STATES THE INDEMNIFYING PARTY'S

ENTIRE LIABILITY TO, AND THE INDEMNIFIED PARTY'S EXCLUSIVE

REMEDY AGAINST, THE OTHER PARTY FOR ANY TYPE OF INDEMNIFIED CLAIM DESCRIBED IN THIS SECTION.

8. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED FOR IN SECTION 7.1, IN NO EVENT WILL LCPTRACKER BE LIABLE UNDER

THIS AGREEMENT OR ANY OTHER AGREEMENT WITH THE CLIENT UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; (b) LOST REVENUES; (c) LOSS OF GOODWILL OR REPUTATION; (d) LOSS,

INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA; OR (e) COST OF REPLACEMENT SERVICES, IN EACH CASE

REGARDLESS OF WHETHER CLIENT WAS ADVISED OF THE POSSIBILITY OF

SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE
FORESEEABLE. IN NO EVENT WILL LCPTRACKER'S AGGREGATE

LIABILITY ARISING OUT OF THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY EXCEED THE LESSER OF $50,000 OR THE AMOUNTS Redlans Regular Meeting of 09-05-2023
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PAID BY CLIEN T FOR THE SERVICES IN THE TWELVE ( 12) MONTHS

IMMEDIATELY PRECEDING THE INCIDENT THAT GAVE RISE TO THE LIABILITY. CLIENT ACKNOWLEDGES THAT LCPTRACKER COULD NOT

MAKE ITS SERVICES AVAILABLE TO CLIENT ON THE TERMS SET FORTH HEREIN IF LCPTRACKER’S LIABILITY WERE NOT SO LIMITED.

9. TERM . This Agreement commences on the Effective D ate hereof and continues until termination of all Product Schedules as provided below, or termination of this Agreement as provided herein, whichever occurs first . Except as otherwise specified in the applicable Product Schedule , all Subscription Terms shall automatically renew for subsequent additional like periods (each a “ Renewal Term ” and collectively , the “ Term”) unless either Party gives the other Party notice of non -renewal at least thirty (30) days before the end of the then current applicable Subscription Term.

10. TERMINATION

10.1 Termination for Cause. (a) Either Party may terminate a Product Schedule for cause: (i) upon thirty (30) days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if there is a Service Suspension which is no t in the opinion of LCPtracker commercially re asonably or practically capable of being cured. (b) LCPtracker may terminate (effective upon notice to the Client) for a breach of Section 2.

10.2. Termination for Discontinuance. LCPtracker may, with no liability to the Client (except a pro rata refund of applicable Service Fees) or the Users, also terminate this Agreement and/or any applicable Product Schedule (s) to the exten t LCPtracker discontinues any Services upon one hundred and eighty (180) days prior written notice to Client.

10.3. Effect of Termination. Upon termination of a Product Schedule or this Agreement for any reason, Client’s (and any Users’) right to continue using the Services under the applicable Product Schedule(s) shall immediately cease and Client shall destroy or return (as directed by LCPtracker) all Confidential Information related to such Product Schedule. A termination of a Product Schedule hereunder does not affect an y other remaining Product Schedule(s) hereunder which shall remain subject to the terms of this Agreement unless such Product Schedule(s) are terminated in accordance with the terms hereof or unless the Agreement is terminated . Upon request from Client in writing upon termination of this Agreement , LCPtracker shall promptly delete all Client Data in the Services (in accordance with LCPtracker normal back -up procedures , but any Client Data not deleted due to a back -up procedure will not be kept for longer than six (6) months in the event of a request for deletion , and during that time LCPtracker ’s obligations under this Agreement for confidenti ality will continue to apply ). Client acknowledges that if the Client Data is requested to be returned, Client will incur the applicable fees for the requested extract format as set forth on LCPtracker’s then current price list. Notwithstanding the foregoing, Client may elect to download the Client Data within thirty (30) days of such termination at no charge. If a portable drive is requested at a charge from LCPtracker, Client accepts the risk of damage or loss of this drive during transit. All Sections intended by their nature to survive termination, including, without Redlans Regular Meeting of 09-05-2023
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limitation, Sections 5, 6, 7 , 8, and 10 shall survive any termination or expiration of this Agreement.

10.4. Refund or Payment upon Termination. Upon any termination under Section 10.1 where LCPtracker is at fault , LCPtracker shall refund Client any prepaid Service Fees covering the prorated remainder of the applicable yearly period of the Subscription Term within thirty (30) days after the relevant effective date of termination. Unless provided otherwise herein, upon any other termination, Client shall remain obligated for any unpaid Service Fees covering the remainder of the Subscription Term.

10.5. Service Suspension. Notwithstanding anything to the contrary in this Agreement, LCPtracker may temporarily suspend Client's and any User's access to any portion or all of the Services if: (i) LCPtracker reasonably determines that ( a) there is a threat or attack on any of the LCPtracker IP; (b) Client's or any User's use of the LCPtracker IP disrupts or poses a security risk to the LCPtracker IP or to any other customer or vendor of LCPtracker; (c) any User is using the LCPtracker IP for fraudulent or illegal activities; ( d) subject to Applicable Law, Client has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (e) LCPtracker's provision of the Services to Client or any User is (x) prohibited by Applicable Law, or ( y) deemed by LCPtracker to be commercially unfeasible due to Applicable Law; (ii) any vendor of LCPtracker has suspended or terminated LCPtracker's access to or use of any third -party services or products required to enable Client to access the Services; or (iii) in accordance with Section 3.3 (any such suspension described in subclause (i), (ii), or (iii) of this Section 10.5, a “Service Suspension ”). LCPtracker will have no liability for any liabilities or any other consequences that Client or any User may incur as a result of a Service Suspension.

11. GENERAL PROVISIONS

11.1. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or related to this Agreement or the permissions granted hereunder will be instituted exclusively in the federal courts in the County of Riverside or the courts of the State of California, San Bernardino County . The Parties agree that the United Nations Convention on Contracts for the International Sales of Goods is expressly excluded from this Agreement.

11.2. Notices. Any notice required or permitted to be delivered pursuant to this Agreement, and any permission and approval required hereunder shall , unless otherwise provided herein, be in writing and shall be deemed to have been given: (i) upon delivery, if delivered in person, (ii) upon electronic confirmation of delivery if sent by electronic mail, or (iii) three (3) business days after deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid, in each case addressed to the addressee set out in the first paragraph of this Agreement or to such other address as may be specified by either Party hereto upon notice given to the o ther Party in accordance with this Section . Certain LCPtracker updates regarding the Services are provided to Client at www.lcptracker.com/status.

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11.3. Severability. If a provision of the Agreement or portion thereof is found to be invalid, illegal, or unenforceable under Applicable Law , it shall not invalidate or render unenforceable the remainder of such provision or the remaining provisions of the Agreement. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to affect their original intent as closely as possible in a mutually acceptable manner.

11.4. Export Compliance. The Services may be subject to export laws and regulations of the United States and other jurisdictions. Client shall not access or use Services in violation of any U.S. export law or regulation.

11.5. Anti-Corruption. Client acknowledges that it has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any LCPtracker employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the or dinary course of business do not violate th is restriction. If Client learns of any violation of this restriction, Client will promptly notify LCPtracker in writing.

11.6. Relationship of the Parties. The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties. LCPtracker will reach out from time to time with opportunities to Client in relation to other LCPtracker product opportunities and Client consents to this. No employee, director, or officer of LCPtracker shall be held personally liable under this Agreement. There are no third-party beneficiaries to this Agreement.

11.7. Waiver. No failure or delay by either Party in exercising any right or partial right , remedy, power or privilege under this Agreement shall constitute a waiver of that right , remedy, power or privilege.

11.8. Assignment. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign this Agreement in its entirety (including all Product Schedules), without consent of the other Party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other Party, provided that the assignee agrees in writing to be bound by the terms of this Agreement and has sufficient funds to discharge the assignor’s liabilities hereunder and assignor and assignee enter into an Assignment and Assumption Agreement with Client. Failure to enter into an Assignment and Assumption Agreement terminates the Agreement. A Party's sole remedy for any purported assignment by the other Party in breach of this paragraph shall be, at the non -assigning Party's election, termination of this Agreement upon written notice to the assigning Party and payment of all sums owing under the terms of this Agreement.

11.9. Entire Agreement. This Agreement, including all exhibits and all Product Schedules, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the Party against whom the modification, amendment or waiver is to be asserted , and in order to effectively amend the terms of this Agreement, any amendment must specifically call out the Section of this Agreement to be amended.

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11.10. Counterparts. This Agreement and any Product Schedule hereunder may be executed in one or more counterparts; each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11.11. Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to pay Service Fees hereunder by Client), if and to the extent such failure or delay is caused by an event of Force Majeure (”Force Majeure” hereunder means any acts of God, government, war, terrorism, riot, fire, floods, earthquakes, explosions, strikes, lockouts, cessation of labor, trade disputes, breakdowns, accidents of any kind which are beyond the reasonable control of a Party, or passage of law or any action taken by a governmental or public authority, which makes it commercially unreasonable to continue to have this Agreement in force).

11.12. Equitable Relief. Client acknowledges and agrees that a breach or threatened breach by Client of any of its obligations under Section 2.2, would cause LCPtracker irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, LCPtracker will be entitled to seek equitable relief from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not ex clusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

IN WITNESS WHEREOF , authorized representatives of the Parties have executed this Agreement effective as of the Effective Date defined above.

LCPtracker, Inc. City of Redlands

By: _______________________________ By: _______________________________ Kris Vincil, Director of Sales Eddie Tejeda, Mayor

Date: _____________________________ Date: _____________________________

Attest:

By: _______________________________
Jeanne Donaldson, City Clerk

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BULK PROJECT PRICING PRODUCT SCHEDULE, dated as of January 1, 2023 (“Product Schedule”), to the Master Subscription Software as a Service Agreement, dated as of September 5, 2023 (the “Agreement”) between LCPtracker and Client

Terms not defined herein shall have the meaning ascribed to them in the Agreement. The address for invoicing the Client is by email at [email protected] attn Kris Vincil, Director of Sales (Client to inform LCPtracker in writing thirty days in advance if this changes). Both parties hereto that LCPtracker is providing access to the following Services subject to the terms and conditions of the Agreement and this Product Schedule as follows:

A. SERVICES
Subscription Term is three years and begins on the date of this Product Schedule.

LCPtracker Pro – Bulk Project Pricing Frequency Service Fee (2023 Pricing)
Capacity: Up to $25 Million

Fixed Annual Multiple Projects Fee Option
This is a flat rate annual priced package for
a three-year commitment for LCPtracker
Services.

TOTAL FOR 3 YEARS
1st Term: 9/5/23- 9/4/24
2nd Term: 9/5/24-9/4/25
3rd Term: 9/5/25-9/4/26

$11,550.00
$12,128.00
$12,734.00

$36,412.00
Hourly Wage and Data Loading (For any
wages not under CA DIR) – Federal
Davis Bacon
Hourly $125.00
*Sales tax will be added per your state law at final invoicing.

B. BULK PROJECT PRICING TABLE

Bulk Project Service Fee 2023 Standard Pricing for Administrator access to the Services (upon reaching the applicable tier) any year of the Subscription Term Construction Capacity in
the relevant yearly period
of the Subscription Term
LCPtracker
Professional
Annual Access Service
Fees
Daily Reporter Add-
on Module Annual
Access Service Fees
Onsite Add-on
Module Annual
Access Service Fees
Up to $5 million in
construction costs
$4,000 $2,100 $1,800
Up to $10 million $7,750 $3,900 $2,100
Up to $25 million $11,550 $5,800 $2,300
Up to $50 million $20,250 $10,200 $3,050
Up to $100 million $26,550 $13,450 $3,450
Up to $200 million $34,150 $17,350 $3,900
Up to $300 million $43,350 $21,750 $4,600
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Up to $400 million $51,450 $25,400 $5,350
Up to $500 million $60,050 $30,050 $6,100
Up to $750 million $67,600 $33,500 $6,600
Up to $1 billion $75,100 $37,500 $7,250
Up to $2 billion $86,650 $43,450 $8,400
Up to $4 billion $123,600 $61,950 $11,950
Up to $6 billion $159,400 $79,700 $15,550
Up to $8 billion $193,500 $96,700 $17,950
Up to $10 billion $226,400 $113,200 $21,400
For Bulk Project Pricing of $2 billion and above, Client can choose to increase Client’s level of Construction Capacity in $500 million increments. The fee for this is $9,200 per $500 million in additional Construction Capacity. The associated Daily Reporter module fee is $4,700, and the Onsite module fee is $830 per each additional $500 million. **“Construction Capacity” means the value of construction calculated by adding the correct total (not just labor costs) updated construction bid award value of all active (“Open/Active”) projects in the Client’s account (which sum also includes all accounts in their Affiliate’s’ accounts) in the Licensed Software Services. The value of projects marked as “Open/Active” within the database is determined by the accurate total of project Budget amounts including change orders. This calculation is done monthly by LCPtracker. If a project is closed and no longer marked “Active”, the project will no longer be counted in that month's open active projects C. CONSTRUCTION CAPACITY
(a) The original winning bid amount for Client’s construction project must be p rovided by Client to LCPtracker so it may be entered accurately in the relevant project “ Budget” field in the LCPtracker Professional services platform. The winning bid amount must be updated by Client if change orders exceed 25% of the original total project winning bid amount for the relevant project (through written requests to LCPtracker Support Department – [email protected]). (b) Failure by Client or their Affiliates to accurately update LCPtracker Support Department of changes to the “Budget” field will be a material breach under the Agreement and will not remove the Client’s obligation to pay the amounts due for the Services based on an accurate “ Budget” field. If a project is completed and closed (responsibility of Client to perform to avoid being billed for it), the project will no longer be counted in that month's open active projects for billing. (c) Periodically LCPtracker performs audits of project “Budget” fields to ensure accuracy and may reach out to Client to confirm the project “Budget” amounts accuracy. Failure by Client to timely respond to a request for information in relation to any such audit will allow LCPtracker to adjudicate that labor wages will account for 25% of the supplied project “ Budget” amount and amend the relevant “Budget” amount accordingly in the Services for billing purposes. Client will be free to dispute this value with LCPtracker by providing accurate information in rela tion to Construction Capacity at any time.

D. PAYMENT TERMS
(a) Service Fees are due under this Product Schedule are due on the date hereof or on the yearly anniversary hereof unless provided otherwise.
(b) Service Fees for access to the Services det ailed above will change only after the commencement of the second year of the Agreement if one of the following events occurs: (i) If Redlans Regular Meeting of 09-05-2023
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the sum of all “ Budget” amounts for projects entered in LCPtracker during the then current year of the Subscription Term e xceed the Construction Capacity level purchased (Client will be invoiced for an amount equal to the difference between the Construction Capacity level provided for that year of the Subscription Term and the cost level for which the current correct Construction Capacity applies, prorated for the number of months remaining in the then current year of the Subscription Term.  This invoice shall be due and payable upon receipt. The new rate will then be applicable to the immediately following year of the Subscri ption Term), (ii) The Construction Capacity increases beyond the previously purchased level on the annual anniversary of this Product Schedule, or (iii) A notice is given to Client pursuant to Section D(d) below. (c) Fees for optional additional professional services to be included into the Services shall be invoiced and due upon delivery of the applicable service at the then current pricing of LCPtracker, unless any such service exceeds thirty (30) days, then invoices will be rendered at the end of each month and payable upon receipt thereof by Client by email. (d) The prices and terms of this Product Schedule are subject to change at the sole discretion of LCPtracker. A thirty (30) day notice will be provided to Client of such changes by an email to the Client contact and will only become effective to Client on said renewal date. (e) If Client has no active projects at the time of a yearly renewal and Client wishes to keep its account open (in such case the then current LCPtracker active database fee shall apply). (f) Sales tax will be added per your state law at final invoicing.

E. ADDITIONAL TERMS: (if any)
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City Council/Successor Agency Meeting J. 14.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8509 for the 2023 Sewer System Management Plan, and determine that this action is exempt from environmental review in accordance with Sections 15061(b)(3), 21000, 15301 and 15302 of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council determine that adoption of Resolution No. 8509 for the 2023 Sewer System Management Plan is exempt from environmental review in accordance with Sections 15061(b)(3), 21000, 15301 and 15302 of the State guidelines implementing the California Environmental Quality Act; and

1. I move that City Council adopt Resolution No. 8509.2.

RECOMMENDATION:

Staff recommends that City Council determine that adoption of Resolution No. 8509 is exempt from environmental review in accordance with Sections 15061(b)(3), 21000, 15301 and 15302 of the State's guidelines implementing the California Environmental Quality Act, and adopt Resolution No. 8509.

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DISCUSSION:

Since 2002, the Santa Ana Regional Water Quality Control Board (Water Board) has prohibited the discharge of untreated sewage into any surface water or storm drainage system. Specific requirements originally included in Order No.

R8-2002-0014 mandated that agencies responsible for the collection and treatment of wastewater prepare, implement, and update at appropriate intervals a Sewer System Management Plan (SSMP) to comply with the Order. The Order has been revised several times since 2002 by way of order No. 2006-003-DWQ and amending order Nos. 2008-002-EXEC, 2013-0058-EXEC, and replaced by Order No. 2022-0103-DWQ. The SSMP is an operations and maintenance document that provides guidance for City Wastewater Operators that includes public health protection provisions, emergency response protocols, and other system management practices. The 2023 SSMP updates previous versions to include details of the 2021 Citywide Wastewater Master Plan, improves spill prevention and response processes, and meets Water Board requirements. The SSMP must be adopted by a resolution of the City Council at a public meeting.

Adoption of the Resolution relating to the 2023 SSMP is exempt from environmental review in accordance with California Environmental Quality Act Section 15061(B)(3) since it is reasonably certain that this action will have no significant negative environmental effects. Additionally, approval of the SSMP is exempt from CEQA pursuant to Section 21000 because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. Also, this action is exempt from CEQA pursuant to Section 15301 to the extent that it applies to existing sanitary sewer collection systems that constitute “existing facilities” as that term is used in Section 15301, and Section 15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
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SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
Fernando Mata, Wastewater Utility Manager
PREPARED BY:

Shannon Simmers, Regulatory Compliance Officer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this item.

Attachments
Resolution No. 8509
Redlands SSMP
State Order (Reference only)
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1 I:\cmo\Resolutions\8509 - 2023 Sewer System Management Plan.docx-jm RESOLUTION NO. 8509

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE CITY OF REDLANDS 2023 SEWER SYSTEM

MANAGEMENT PLAN (SSMP), AS REQUIRED BY THE STATE WATER

RESOURCES CONTROL BOARD

WHEREAS, on May 2, 2006, the State Water Resources Control Board (SWRCB) adopted Water Quality Order No. 2006 -0003-DWQ, which established the Statewide General Waste Discharge Requirements (WDRs) for publicly owned or operated sanitary sewer systems within the State of California. Water Quality Order No. 2006-0003 was later amended by Order Nos. 2008 - 0002-EXEC, 2013-0058-EXEC, and replaced by Order No. 2022-0103-DWQ; and

WHEREAS, the WDR requires that all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a pu blicly owned treatment facility in the State of California; 1) report Sanitary Sewer Overflows to the SWRCB; and 2) develop and implement a Sewer System Management Plan (SSMP) which under the current Order is referred to as the Sewer Spill Overflow Emergency Response Plan; and

WHEREAS, the SSMP is a written document that details how an entity's sewer system is operated, maintained, repaired, and funded. The WDR requires the SSMP to be updated every five (5) years and to be re-certified by the City Council when significant updates to the SSMP are made.

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

Section 1. This City Council determines that approval of the Resolution to adopt the City of Redlands 2023 Sewer System Management Plan is exempt from environmental review in accordance with California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) since it is reasonably certain that this action will have no significant negative environmental effects.

Section 2. This City Council further determines that approval of the SSMP is exempt from CEQA pursuant to Section 21000 because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involv es procedures for protection of the environment. In addition, this action is exempt from CEQA pursuant to Section 15301 to the extent that it applies to existing sanitary sewer collection systems that constitute “existing facilities” as that term is used i n Section 15301, and Section 15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity.

Section 3. This City Council hereby approves and adopts the 2023 SSMP and certifies that it complies with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No. 2022-0103-DWQ).

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2 I:\cmo\Resolutions\8509 - 2023 Sewer System Management Plan.docx-jm ADOPTED, SIGNED AND APPROVED this 5th day of September 2023.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Resolutions\8509 - 2023 Sewer System Management Plan.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 September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
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CITY OF REDLANDS

SEWER SYSTEM

MANAGEMENT PLAN

Adopted: September 5, 2023
Resolution No: ____
WDID # 8SSO10558

LAST UPDATE PREPARED BY:

Shannon Simmers
Regulatory Compliance Officer
April 10, 2023
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Sewer System Management Plan Revised April 2023 Table of Content
Part A: Executive Summary................................................................................................ 4 Part B: Acronyms ................................................................................................................ 8 Part C: SSMP Elements ...................................................................................................... 9

1. Goals ..................................................................................................................9

2. Organization .......................................................................................................9

2.1 Responsibility for SSMP Implementation and Maintenance ..............13

2.2 SSO Reporting Chain of Communication ..........................................13

3. Legal Authority ................................................................................................15

4. Operations and Maintenance Program .............................................................16

4.1 GIS Mapping ......................................................................................16

4.2 Preventive Maintenance Program ......................................................17

4.3 Rehabilitation and Replacement Plan ...............................................21

4.4 Training .............................................................................................21

4.5 Equipment Replacement Plan ............................................................23

4.6 Capital Improvement Program ...........................................................24

5. Design and Performance Provisions ...............................................................25

6. Sewer Spill Emergency Response Plan ...........................................................25

6.1 Purpose ..............................................................................................26

6.2 Policy ................................................................................................26

6.3 Goals .................................................................................................26

6.4 Authority ............................................................................................26

7. Fats, Oils, and Grease Control Program .........................................................27

7.1 Legal Authority ..................................................................................27

7.2 Grease Removal Device Requirements .............................................28

7.3 Grease Removal Device Maintenance ...............................................29

7.4 Best Management Practices ...............................................................29

7.5 Authority to Inspect and Access ........................................................29

7.6 Inspection Procedures ........................................................................30

7.7 Plan Check and Plan Check Inspections ...........................................30

7.8 Enforcement Action ...........................................................................31

7.9 FOG Disposal ....................................................................................31

7.10 Service Area Evaluation ....................................................................31

7.11 Outreach to Food Service Establishments .........................................31

7.12 Outreach to Residents ........................................................................31

8. System Evaluation and Capacity Assurance Plan ............................................32

9. Monitoring, Measurement, and Program Modifications..................................33

9.1 Performance Indicators .......................................................................33

9.2 SSO Evaluation ...................................................................................35

10. SSMP Program Audits .....................................................................................38

11. Communication Program .................................................................................38

List of Tables

Table 1: Inventory of Sewer Line by Size and Material of Construction ............................6 Table 2: Inventory of Sewer Lines by Pipe Age ..................................................................6 Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 Table 3: Inventory of Siphons in System .............................................................................6 Table 4: Inventory of Lift Stations in System ......................................................................6 Table 5: Acronyms ...............................................................................................................8 Table 6: Responsible Officials ...........................................................................................13 Table 7: Reporting Chain of Communication for SSO Response and Reporting..............13 Table 8: Summary of Legal Authorities ............................................................................15 Table 9: GIS Wastewater Collection System Information ................................................15 Table 10: Historical Regular Line Cleaning Results .........................................................17 Table 11: Sewer Line Cleaning Observation Codes ..........................................................18 Table 12: Critical Parts Inventory ......................................................................................23 Table 13: Replacement Parts Inventory .............................................................................23 Table 14: CIP Projects Historical and Projected ................................................................24 Table 15: Legal Authority ..................................................................................................28 Table 16: Example SSMP Performance Indicators ...........................................................33 Table 17: SSOs by Category ..............................................................................................35 Table 18: Gravity, Force Main, & Lift Station SSO Data .................................................36 Table 19: SSO Recovery Data ...........................................................................................36 Table 20: SSO by Cause ....................................................................................................37

List of Graphs
Graph 1: SSO by Category ................................................................................................35 Graph 2: Gravity, Force Main, & Lift Station SSO Data ..................................................35 Graph 3: SSO Recovery Data ............................................................................................36 Graph 4: SSO by Cause .....................................................................................................37

List of Figures
Figure 1: City of Redlands Map of Service Area ................................................................5 Figure 2: City of Redlands SSMP Implementation Organization Chart............................12 Figure 3: CCTV Inspection Return Frequency ..................................................................20

List of Appendices
Appendix A: Sewer System Management Plan Change Log
Appendix B: SSMP Adoption and Recertification Documents Appendix C: Sewer Spill Emergency Response Plan

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Sewer System Management Plan Revised April 2023 PART A: EXECUTIVE SUMMARY
To provide a consistent, statewide regulatory approach to address Sanitary Sewer Overflows (SSOs), the State Water Board adopted Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No. 2006-0003 (Order) on May 2, 2006. The Order requires public agencies that own or operate sanitary sewer sy stems to develop and implement Sewer System Management Plans (SSMP) and report all Sanitary Sewer Overflows (SSOs) to the State Water Board’s online SSO database.

The Order declares the following:

1. All federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a Publicly Owned Treatment Works (POTW) in the State of California are required to comply with the terms of (this) Order.

2. SSOs are overflows from sanitary sewer systems of domestic wastewater, as well as industrial and commercial wastewater, depending on the pattern of land uses in the area served by the sanitary sewer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is discharged to areas with high public exposure, such as streets or surface waters used for drinking, fishing, or body contact recreation. SSOs may pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface waters.

3. Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state. There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population grow th, and system operation and maintenance), which affect the likelihood of an SSO. A proactive approach that requires Enrollees to ensure a system -wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs with in the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs.

4. Major causes of SSOs include grease blockages, root blockages, sewer line flood damage, manhole structure failures, vandalism, pump station mec hanical failures, power outages, excessive storm or ground water inflow/infiltration, debris blockages, sanitary sewer system age and construction material failures, lack of proper operation and maintenance, insufficient capacity and contractor caused dama ges. Many SSOs are preventable with adequate and appropriate facilities, source control measures and operation and maintenance of the sanitary sewer system.

The City of Redlands (City) is enrolled in the Order under Waste Discharge Identification Number (WDID) 8SSO10558 and is located in San Bernardino County with neighboring cities that include Loma Linda, San Bernardino, Highland, Mentone, Yucaipa, and unincorporated areas of San Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 Bernardino County. According to the 2020 United States Census Bureau data from April 1, 2020, the estimated population of the City is 73,168. The City’s service area is approximately 36 square miles (see Figure 1 below).

Figure 1-City of Redlands Map of Service Area
The City owns and operates a POTW which includes a wastewater collection system that consists of approximately 245 miles of gravity pipelines, ranging from 6 inches to 48 inches in diameter.

Dischargers into the wastewater collection system include residential, commercial, and industrial sources thorough approximately 20,000 private lateral connections. The property owner is responsible for the private lateral from the City’s main line to the building.

To overcome hydraulic challenges, a portion of the wastewater collection system is diverted to a lift station that receives an average flow of 3.0 Million Gallons per Day (MGD ) and has a maximum capacity of 7.8 MGD. The sewage flow from the lift station is pumped through a pressure force main that is 14 inches in diameter and approximately 3.5 miles in length and a redundant section that is 12 inches in diameter and runs the entire length. The lift station is designed with an overflow bypass pipe network to divert flow in the event of a power outage or pump failure. There are three siphons located throughout the City which are monitored and cleaned on a regular basis. Tables 1-4 below further describe the wastewater collection system inventory.

Discharges into the wastewater collection system are conveyed to the City’s Wastewater Treatment Plant (WWTP ) which has been upgraded and expanded several times to its current design capacity of 9.5 MGD with an average daily influent flow of 6 MGD. The waste treatment process includes conventional treatment through an activated sludge process and tertiary treatment through a bio-membrane reactor process. The conventional treated waste is discharged to percolation ponds for percolation into the ground water . The tertiary treated waste is properly chlorinated and distributed through the City’s recycled water distribution system for landscape irrigation and other approved uses. The City is permitted to discharge treated wastewater under Santa Ana Regional Water Quality Control Board Waste Discharge Requirement Order No. R8 - 2006-0008, amending Order No. 98-54.

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Sewer System Management Plan Revised April 2023

Approx. Length by Pipe Material (ft.)
Diameter ACP CI CON DI ELACSP PVC RCP TRUSS UNK VCP Total 3 200 200
4 533 1,910 2,443
6 379 31,828 32,207
8 1,096 809 4,225 202,028 1,853 5,796 785,984 1,001,791 10 1,149 663 350 32,546 34,708
12 1,627 13,815 1,318 56,755 73,515
14 30 9,240 3 626 9,899
15 11,797 10 45,310 57,117
18 219 671 1,011 43,135 45,036
20 663 2,180 2,843
21 14,117 14,117
24 358 16,588 16,946
27 2,338 2,138 4,476
30 1,471 1,324 9,330 12,125
36 130 130
48 1,432 1,432
Total 1,096 2,436 1,149 6,966 4,996 238,620 1,432 3,171 6,342 1,042,777 1,308,985 ACP= Asbestos Cement Pipe CI= Cast Iron CON= Concrete DI= Ductile Iron ELACSP= Elastomeric Coated Steel Pipe PVC= Polyvinylchloride RCP= Reinforced Concrete Pipe VCP= Vitrified Clay Pipe TRUSS = Truss Pipe UNK = Unknown Table 1: Inventory of Sewer Line by Size and Material of Construction

Pipeline Type Install Year # of Segments Approx. Length (miles)
Gravity Unknown 11 1
1902-1949 229 13.4
1950-1959 639 31
1960-1969 862 38
1970-1979 1160 52.4
1980-1989 1105 47
1990-1999 538 22.5
2000-2009 741 31.3
2010-2021 171 7.5
Force Mains 1989-1990 2 3.5
Table 2: Inventory of Sewer Lines by Pipe Age

Siphon Name Location Size Material Age
Nevada MH 5-4; MP I37 21” VCP 1986
Kansas MH 9-8; MP J36 24” VCP 1960
Domestic MH 12; MP N35/ MH 14 MP N36 18” VCP 1987
MH- Manhole MP- Map Page VCP= Vitrified Clay Pipe
Table 3: Inventory of Siphons

Pump Station Name Location Pumps Manufacture Design Flow Mountain View Lift Station Mountain View & San Bernardino 2 Fairbank-Morse 3.5 MGD Table 4: Inventory of Pump Stations
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Sewer System Management Plan Revised April 2023

Under the Order t he City is required to manage its wastewater collection system effectively and achieve the following objectives:

▪ Comply with all conditions of the Order.
▪ Take all feasible steps to eliminate SSOs and in the event of an SSO, mitigate the impact. ▪ In the event of an SSO , take all feasible steps to prevent untreated or partially treated discharge fr om entering any flood control channel or waters of the United States by protecting the storm drain system from an SSO and recover as much discharge as possible. ▪ Report all SSOs in accordance with the Order.
▪ Control, limit, terminate, recover, and dispose of any discharge associated with an SSO appropriately.
▪ Implement all remedial actions necessary that include intercepting/rerouting an SSO around a line failure; vacuum truck recovery of an SSO and wash down water; clean-up of debris; system modifications to prevent a reoccurrence; adequate sampling when appropriate to determine the nature of the impact and adequate public notification when appropriate to protect the public from exposure.
▪ Manage, maintain, and operate all aspects of the wastewater collection system and provide proper training to system operators, contractors, and other agents. ▪ Ensure that adequate resources are allocated to the operation , maintenance, and repair of the wastewater collection system. This includes proper rate structure, accounting mechanisms, and suiting procedures.
▪ Ensure that the wastewater collection system has the design capacity to reasonably prevent SSOs which include design storm events.
▪ Prepare and implement a written SSMP and make it available to the public and regulators and have the SSMP approved by the governing board at a public meeting. ▪ Ensure that all engineering and geological evaluations and judgments are p repared by, or under, appropriately qualified professionals. In accordance with the California Business and Professional Code sections 6735, 7835 and 7835.1.
▪ Certify the SSMP to be in compliance with the Order and acquire governing board approval at a public meeting.
▪ Perform wastewater collection system certifications, audits, and updates in accordance with the Order at the required frequency with the required certifications and approvals.

In addition, the SSMP must contains the following eleven elements:

1. Goals

2. Organization

3. Legal Authority

4. Operation and Maintenance Program

5. Design and Performance Provisions

6. Sewer Spill Emergency Response Plan

7. FOG Control Plan

8. System Evaluation and Capacity Assurance Plan

9. Monitoring, Measurement and Program Modifications

10. SSMP Program Audits

11. Communication Program
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Sewer System Management Plan Revised April 2023 PART B: ACRONYMS
Acronym Meaning
ACP Asbestos Cement Pipe
APP Application
BMP Best Management Practice
CAL-OES State of California Office of Emergency Services CCTV Closed Circuit Television
CI Cast Iron
CIP Capital Improvement Projects
CIWQS California Integrated Water Quality System
CODE Redlands Municipal Code
CON Concrete Pipe
DI Ductile Iron
ELACSP Elastomeric Coated Steel Pipe
EPA Environmental Protection Agency
FOG Fats, Oil, and Grease
FSE Food Service Establishment
FTE Fulltime Equivalent
GIS Geographical Information System
GRD Grease Removal Device
LACP Lateral Assessment Certification Program
LRO Legally Responsible Official
MGD Million Gallons a Day
MH Maintenance Hole or Manhole
MACP Manhole Assessment Certification Program
MP Map Page
MUED Municipal Utilities and Engineering Department – City of Redlands NASSCO National Associations of Sewer Service Companies O&M Operations and Maintenance
Order Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No. 2006- 0003 & 2013-0058-exec
PACP Pipeline Assessment Certification Program
POTW Publicly Owned Treatment Works
PVC Polyvinyl Chloride Pipe
RCO Regulatory Compliance Officer
RCP Reinforced Concrete Pipe
RMC Redlands Municipal Code
RWQCB Regional Water Quality Control Board
SERP Sewer Spill Emergency Response Plan (Also referred to as Overflow Emergency Response Plan (OERP)) SSMP Sanitary Sewer Management Plan and all elements and change log SOP Standard Operating Procedure
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TRUSS Truss Pipe
UNK Unknown as to pipe material
VCP Vitrified Clay Pipe
WCSS Wastewater Collection System Supervisor
WCSW Wastewater Collection System Worker
WDID Waste Discharge Identification
WWTP Wastewater Treatment Plant
Table 5: Acronyms
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Sewer System Management Plan Revised April 2023 PART C: SSMP ELEMENTS

1. Goals

The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the wastewater collection system to reduce and prevent SSOs as well as mitigate any SSOs that do occur. As such the City has established the following goals:

a. To provide resources necessary to properly manage and implement the City’s SSMP;

b. To continuously improve upon the design and construction of the wastewater collection system to effectively reduce infiltration and inflow and ensure sufficient capacity for years to come;

c. To identify, prioritize, and correct deficiencies to minimize costs, maximize the life of the wastewater collection system, and to maintain its reliability;

d. To properly train and equip staff to mitigate the impact of a SSOs and to provide appropriate response for the protection of public health and the environment;

e. To provide education and public outreach to residents and industrial users with a focus on behaviors that are detrimental to the wastewater collection system and negatively impact public health and the environment; and

f. To p rovide a comprehensive training pr ogram, safety equipment, and tools needed to perform work in a safe and effective manner.

2. Organization

Order Sec. D.13.(i) Goals: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur. To mitigate the impact of SSOs Order Sec. D.13.(ii) Organization: The SSMP must identify:
a) The name of the responsible or authorized representative as described in Section J of this Order (SSS WDR).
b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSM P program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and
c) The chain of communication for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (Cal OES)).

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Sewer System Management Plan Revised April 2023 The City of Redlands is a general law city incorporated in 1888. It is governed by a City Council/City Manager form of government. The wastewater collection system is managed by the City’s Municipal Utilities and Engineering Department (MUED) with key mana gement and supervisory roles and access to other departments within the City to provide support services. The City’s organizational structure in r elation to managing and implementing the SSMP include the following:

a. City Council: The City Council consists of five representatives chosen by district through an electoral process and is the governing body of the City.

b. The Mayor and Mayor Pro Tempore: City Council members elected by City Council who are responsible for setting policy, enacting legislation, authorizing public improvements, approving contracts, and adopting regulatory plans and the budget under which the C ity operates.

c. City Manager: Appointed by the City Council as the chief administrator for the City and responsible for the overall implementation of City Council’s objectives.

d. Offices of the City Manager: Responsible for overseeing the City’s budget, public relations, purchasing, h uman resource activities, and risk management. This department works under the direction of the City Manager.

e. Development Service Department: Responsible for review of various types of land use applications, plan checks, and performing plan check inspections to ensure compliance with State and City codes, standards, and other governmental requirements . This department works under the direction of the City Manager.

f. Facilities and Community Service Department: Responsible for operating vital City services as well as providing support services for other City departments includ ing customer service and the purchase and maintenance of City owned vehicles and equipment.

This department works under the direction of the City Manager.

g. Management Services Department: Responsible for activities related to finance, r evenue, utility billing, customer service, Geographic Information Systems (GIS) and Innovation & Technology. This department works under the direction of the City Manager.

h. MUED: Responsible for the following:
• Wastewater Division and other public utilities.
• Engineering Division / City Engineer:
o Review and inspection of development proposals for compliance with State and City codes, standards, and other governmental requirements; o Management, rehabilitation, and replacement of infrastructure such as sewer mains; and
o Development and construction of new public facilities. • Customer Service: Responsible for providing customer assistance to the public for MUED related matters and communicating with MUED staff.

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Sewer System Management Plan Revised April 2023 • Administration: Responsible for assisting MUED staff with administrative activities such as procurement, purchasing, budget, accounts payable, and accounts receivable; and

i. MUED Director: Duly Authorized Representative for MUED and responsible for the management and implementation of the SSMP by establishing policy; planning; leading staff; delegating responsibility; allocating resources; and authorizing outside contractors to perform services. Staff in this position work under the direction of the City Manager.

j. Wastewater Utility Manager: Responsible for overseeing responsibilities related to the management and implementation of the SSMP and the operation and maintenance of the City's wastewater treatment plant and wastewater collection system. Designated as a Legally Responsible Official (LRO) through the California Integrates Water Quality System (CIWQS). Staff in this position work under the direction of the MUED Director.

k. Laboratory Manager: Responsible for the overall operations of a certified environmental laboratory for the purpose of water and wastewater sample analysis including samples originating from an SSO. This person works under the direction of the MUED Director.

l. Laboratory Analysist: Responsible for receiving, handling, and analyzing samples for specific constituents using EPA 40 CFR 136 approved methods and documenting those results. Staff in this position work under the direction of the Laboratory Manager.

m. Regulatory Compliance Officer (RCO) : Designated as a LRO through CIWQS and responsible for notifications to appropriate State and local authorities, managing and implementing regulatory programs such as the SSMP; regulatory reporting ; and other compliance related tasks for MUED. Staff in this position work under the direction of the City Engineer.

n. Wastewater Collection System Supervisor (WCSS): Designated as the Data Submitter through CIWQS and is responsible for implementing SSMP related tasks and overseeing field operations and maintenance activities, leading emergency SSO response, and train field crew. Staff in this position work under the direct supervision of the Wastewater Utility Manager for day-to-today activities and adhere to guidance detailed by the RCO regarding regulatory programs and regulations, which includes the SSMP.

o. Wastewater Collection System Worker (WCSW): Responsible for the maintenance and inspection of the wastewater collection system , documentation on the condition of the system, reporting deficiencies , and documenting activities. This includes responding to sewer related call outs and remediating spills. Staff in this position work under the direction of the WCSS.

p. Wastewater Operations Supervisor: Responsible for the day-to-day operations activities related to wastewater treatment facilities , including pump stations. Staff in this position work under the direction of the Wastewater Utility Manager.

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Sewer System Management Plan Revised April 2023 q. Wastewater Maintenance Foreperson: Responsible for the day -to-day maintenance activities related to wastewater treatment facilities , including pump stations. Staff in this position work under the direction of the Wastewater Operations Supervisor.

r. Wastewater Maintenance Staff: Responsible for maintenance of wastewater facilities and related processes, including pump stations. Staff in this position work under the direction of the Wastewater Maintenance Lead.

Figure 2: City of Redlands SSMP Implementation Organization Chart City Council
Mayor & Mayor Pro-Tem
Offices of the City
Manager City Manager Development Services
Dept.

Management Services
Dept.

Municipal Utilites &
Engineering Department
(MUED)
Facilities & Community
Service Dept.

City Engineer
MUED Director
(Duly Authorized
Representative)
Construction Inspectors Regulatory Compliance
Officer (LRO)
Laboratory Manager
Wastewater Collection
System Supervisor
(Data Submitter)
Wastewater Maintenace
Foreperson
Wastewater Collections
Sytem Worker &
Maintenance Worker
8 FTE
Wastewater
Operations Staff
6 FTE
Wastewater Maintenance
Staff
4 FTE
Wastewater Utility
Manager
(LRO)
Laboratory Staff
4 FTE
Wastewater Operations
Supervisor
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2.1 RESPONSIBILITY FOR SSMP IMPLEMENTATION AND MAINTENANCE

Several City staff work in conjunction with one another for the development, implementation, and maintenance of the SSMP. Below is a list of responsibilities of key staff.

SSMP Element Responsible
City Position
Contact
Number Email Address
1-Goal MUED Director 909-798-7698 [email protected] 2-Organization MUED Director 909-798-7698 [email protected] 3-Legal Authority MUED Director 909-798-7698 [email protected] 4- O&M Program
Wastewater Utility
Manager;
Wastewater Operations
Supervisor;
Wastewater
Maintenance
Foreperson;
WCSS
909-841-3142
909 353-9049
909- 557-6653
909-684-9472
[email protected]
[email protected]
[email protected]
[email protected]
5- Design &
Performance City Engineer 909-798-7698 [email protected] 6-SERP
Wastewater Utility
Manager;
RCO;
WCSS
909-841-3142
909-557-6298
909-684-9472
[email protected]
[email protected]
[email protected]
7-FOG Control Program RCO
WCSS
909-557-6298
909-684-9472
[email protected]
[email protected]
8- System Evaluation &
Capacity Assurance Plan City Engineer 909-798-7698 [email protected] 9- Monitoring,
Measuring &Program
Modification
RCO 909-557-6298 [email protected]
10-SSMP Program
Audits RCO 909-557-6298 [email protected]
11-Communication MUED Director 909-798-7698 [email protected] Table 6: Responsible Officials

2.2 SSO REPORTING CHAIN OF COMMUNICATION

The reporting chain of communication is listed below in Table 7: Reporting Chain of Communication for SSO Response. The communication chain begins with the receipt of complaint and continues to the reporting and follow-up activities.

Step Responsible
City Position Description
Step 1: Customer Service Customer service staff receives notification via customer service line, City of Redlands 311 app, or other City resource. Information is documented and a work Redlans Regular Meeting of 09-05-2023
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business
hours)
order is initiated. Phone contact is made to the WCSS, or designee, and the work order is emailed to the WCSS and RCO.

Step 1:
(After
business
hours)
Police Department Police department receives notification, and the information is documented. A phone call is initiated to the on -call wastewater collection system staff. The WCSS will initiate the wor k order the following business day and forward it to customer service.

Step 2:
(During
business
hours)
WCSS The WCSS evaluates the sewer complaint to determine appropriate response and resources based on details provided in the notification. Response is then initiated.

Step 2:
(After
business
hours)
On-Call Wastewater
Collection System
Staff/Standby
Employee
Initial Assessment: On-call staff evaluates the sewer complaint to determine appropriate response and resources based on details provided in the notification.

Response is then initiated.

Step 3: First Responder-
WCSS, and/or
WCSW
Field Assessment: The first responder at the SSO performs a quick assessment of the situation to determine what type of action is needed. If possible, photos are taken to document the condition upon arrival. The first responder will request additional resources if necessary and communicate the situation with supervising staff. If it is determined that the spill has the potential to meet the criteria for two-hour regulatory notification RCO is contacted.

Step 4: Wastewater
Collection System
Staff On-Scene
If the cause of the SSO is from the City’s mainline wastewater collection system staff will:
• Relieve the blockage.
• Take necessary measures to prevent the SSO from entering, or continuing to enter, into the City’s storm drain system or other sensitive areas. • Contain, recollect, and return the spill to the sanitary sewer system. • Protect the public from the spill.
• Perform clean-up activities.
• Provide customer service packet(s) to affected residents if necessary. • Communicate SSO response progress to supervising staff.

If the cause of the SSO is not from City’s mainline wastewater collection system staff will:
• Take necessary measures to minimize the environmental and public health impacts under the direction of the WCSS and RCO.
• Make contact with affected resident(s) or other property representative(s). • Provide customer service packet(s) to the affected resident(s) if necessary.

All SSO Appearances:
• Document incident and complete necessary forms.
• Take photographs throughout the response and clean-up process.

Step 5: WCSS If the spill reaches a waterbody the WCSS will notify the RCO immediately.

WCSS will ensure that appropriate signage and barriers are in place and picture of signage are collected.

Step 6: RCO In the event a spill has the potential to meet the criteria for immediate notification RCO will perform an initial assessment to determine appropriate action. Upon determination of spill that meets the criteria RCO will contact City Emergency Operations Specialist, Office of Emergency Services (CAL/OES) , and any additional agencies as directed by CAL/OES. If the spill exceeds 50,000 gallons, the RCO will initiate the sampling protocol. RCO will follow any additional instructions provide by CAL/OES or other regulating authorities.

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Sewer System Management Plan Revised April 2023 Step 7: WCSS WCSS to review incident documentation and provide necessary forms and documentation to RCO in advance of CIWQS reporting deadlines.

Step 8: RCO The RCO reviews information provided by WCSS and reports the spill in CIWQS as required. If necessary RCO will make any additional notification t o CAL/OES, and environmental health agencies and other regulating authorities.

Step 9: RCO Within 30 days of a Category 1 or Category 2 spill RCO to review entire incident with the WCSS and conduct debrief meetings to assess the need for program review, system modification, additional resources, and/or training; and determine if reporting was done in accordance with regulatory requirements, acting where necessary.

Table 7: Reporting Chain of Communication for SSO Response and Reporting

3. LEGAL AUTHORITY

The City is required to possess the necessary legal authority to:

a. Prevent illicit discharges into its sanitary sewer system; b. Require that sewers and connections be properly designed and constructed; c. Ensure access for maintenance, inspection, or repairs fo r portions of the lateral owned or maintained by the Public Agency;
d. Limit the discharge of fats, oils, and grease and other debris that may cause blockages; and e. Enforce any violation of its sewer ordinances.

The City has established legal authority by way of City Code, Title 1 -19. The City of Redlands Municipal Code (RMC) is maintained electronically and the most current version is available at https://codelibrary.amlegal.com/codes/redlandsca/latest/redlands_ca/0-0-0-1. In addition, the City has adopted the California Plumbing Code.

Requirement Legal Authority
Prevent illicit discharges into the wastewater collection system. RMC 13.52.030(A)(1-17)
Require that sewers and connections be properly designed and constructed.

RMC 15.08
CA Plumbing Code
Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency.

RMC 13.44.160

Order Sec. D.13.(iii) Legal Authority: Each Enrollee must demonstrate, through sanitary sewer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to:
a) Prevent illicit discharges into its sanitary sewer system (examples may include infiltration and inflow (I/I), storm water, chemical dumping, unauthorized debris and cut roots, etc.…);
b) Require that sewers and connections be properly designed and constructed; c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency;
d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and
e) Enforce any violation of its sewer ordinances.

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Sewer System Management Plan Revised April 2023 Limit the discharge of fats, oils, and grease and other debris that may cause blockages.

RMC 13.52.40 (B) (3)
CA Plumbing Code
Enforce any violation of its sewer ordinances. RMC 1.22.030 RMC 13.52.010
RMC 13.52. (110-130)
Table 8: Summary of Legal Authority

4. OPERATIONS AND MAINTENANCE PROGRAM

The City has developed certain Operation and Maintenance (O&M) elements to allow for effective management of its wastewater collection system and to achieve the goals outlined in the SSMP.

4.1 GIS MAPPING

The Management Services Department, Division of Innovation & Technology department is responsible for maintaining an up -to-date map of the sanitary sewer system using Geographic Information System (GIS) technology which has enhanced the City’s ability to adapt to future changes in infrastructure and land use. The wastewater collection system GIS map includes all wastewater collection system line segments, manholes, pumping facilities, pressure pipes, valves, and the City’s stormwater conveyance system. The City has a technical team in place to perform routine mapping updates and add new and modified assets as they are received from the Planning Department, Buil ding and Safety , and MUED staff. In addition, the GIS mapping system can Order Sec. D.13.(iv) Operation and Maintenance Program. The SSMP must include those elements listed below.
a) that are appropriate and applicable to the Enrollee’s system:
b) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and man holes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities;
c) Describe routine preventive operation and maintenance activities by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders;
d) Develop rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short -term and long -term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent
e) blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short - and long-term plans plus a schedule for developing the funds needed for the capital improvement plan;
f) Provide training on a regular basis for staff in sanitary sewer system operations, maintenance, and require contractors to be appropriately trained; and g) Provide equipment and re placement part inventories, including identification of critical replacement parts.

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Sewer System Management Plan Revised April 2023 maintain individual collection points in the field for information updates, corrections, and comments. Any change, additions, and comments to the system made in the field are sent automatically to th e GIS team so that they can be incorporated into the GIS mapping system.

Features included in the GIS mapping system include:

Manhole GIS Map Information
✓ ID number or another unique identifier
✓ Location, with reference to streets and property
lines
✓ Depth
✓ GPS coordinates
✓ Size
✓ Date built
✓ Rim elevation
✓ Invert elevation
✓ Material Type
Pump Stations GIS Map
Information
✓ ID number
✓ Location
✓ Capacity

Pipes and Siphon GIS Map Information
✓ ID number or another unique identifier
✓ Location, with reference to streets, surface waters,
property lines and manholes
✓ Size
✓ Direction of flow
✓ Length
✓ Material type
✓ Date built
✓ Slope
✓ Pipe invert elevations Service laterals
Force Main GIS Map Information
✓ ID number or another unique
identifier
✓ Location, with reference to streets,
surface waters, and property lines
✓ Direction of flow and pump station
associated
✓ Length
✓ Material type
✓ Location of air release valves
✓ Date built
✓ Capacity
✓ Slope
✓ Invert elevations
✓ Plan or as-built ID number
Additional GIS Map Information
Historical information online maintenance and
inspection activities, sewer overflows, and anomalies
Table 9: GIS Wastewater Collection System Information

4.2 PREVENTATIVE MAINTENANCE PROGRAM

The City performs routine preventive operation and maintenance activities that includes a system for scheduling regular inspection and cleaning activities related to the wastewater collection system.

Fiscal Year CCTV, miles Percent of
System Cleaning, miles Percent of
System
Manhole
Inspections
(estimated)
18/19 36 14% 125 50% 50
19/20 37 15% 106 42% 50
20/21 56 22% 143 58% 50
21/22 52 21% 194 78% 50
Totals 180 373 200
Average Per Year 45 18% 142 57% 50
Table 10: Historical Inspection and Cleaning Activities Redlans Regular Meeting of 09-05-2023
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4.2.1 DOCUMENTATION AND WORK ORDER SYSTEM

The City uses several types of data management to document wastewater collection system activities which include excel, word, and PDF documents along with a computer program data management and filing system and GIS mapping. Work orders are issued by MUED customer service staff for sewer related call outs or other non -routine activities . Wastewater collection system staff respond s accordingly and document s activities on the work order. Once the work order is completed a report is prepared and submitted to the originator and the work order is closed out. Documentation and data as a result of the work order are placed on-file on the MUED common drive for regulatory and historical purposes.

4.2.2 WASTEWATER COLLECTION SYSTEM RANKING PROCESS

Wastewater collections system staff delegated to perform wastewater collection system assessments include those certified through National Associations of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP), Lateral Assessment Certification Program (LAC P), and Manhole Assessment Certification Program (MACP) . This allows fo r proper and consistent assessment condition coding of pipelines, laterals, and manholes. This ranking system is used in evaluations for rehabilitation and replacement, Capital Improvement Projects (CIP), and future design and development.

4.2.3 WASTEWATER COLLECTION SYSTEM CLEANING PROGRAM

Routine Cleaning is performed on the collections s ystem pipelines with the objective of cleaning the entire system within a three-year period at approximately 87 miles of pipeline each year along with targeted repeat cleaning activities. Achieving this objective is dependent on the availability of resources and allocation of those resources to other projects within the City. Cleaning results are documented and submitted to the WCSS for review. Documentation and data from the cleaning activities are placed on-file on the MUED common drive for regulatory and historical purposes.

Targeted repeat cleaning, referred to as high frequency cleaning, is performed throughout the year.

The wastewater collection system is continually assessed to determine areas that may need to be added to the high frequency cleaning list and if repairs or replacement is warranted. Part of the assessment includes a rating system for repair and replacement needs. These results are used to prioritize rehabilitation and replacement projects and to determine the need for CIP. Additionally, high frequency locations are reassessed from time-to-time to determine if the frequency of cleaning is sufficient or if there is a need to modify frequency or remove the area from the list. The cleanings are performed at monthly, quarterly, semi-annual, and annual intervals.

Type Clear Light Moderate Heavy
Code Code: CL Code: DL Code: DM Code: DH
Debris
No
observable
amount
Minor amounts < 5 gallons per line segment > 5 gallons per line segment 15 minutes or less to clean 15-30 minutes to clean > 30 minutes to clean 1 pass 2-3 passes More than 4 passes
Concern for future stoppage
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No
observable
amount
Minor amounts Small "chunks" Big "chunks" or "logs"
15 minutes or less to clean No "logs" > 30 minutes to clean 1 pass 15-30 minutes to clean More than 4 passes
2-3 passes Concern for future stoppage
Roots
No
observable
amount
Minor amounts Thin "stringy" roots Thick roots
15 minutes or less to clean No "clumps" Large "clumps"
1 pass 15-30 minutes to clean > 30 minutes to clean
2-3 passes More than 4 passes
Concern for future stoppage
Other: Pipe
wall
fragments
soil/rock/dirt
No
observable
amount
Specify material if
possible Specify material Specify material
Minor amounts < 5 gallons per line segment > 5 gallons per line segment Concern for future stoppage
Table 11: Sewer Line Cleaning Observation Codes

4.2.4 WASTEWATER COLLECTION SYSTEM INSPECTION PROGRAM

Routine and non-routine inspections are performed on the collections system each year. Achieving this objective is dependent on the availability of resources and allocation of those resources to other projects within the City. Inspection results are used to prioritize rehabilitation and replacement projects and to determine the need for CIPs. Documentation and rating data from the inspections are filed appropriately for regulatory and historical purposes.

4.2.5 MAINTENANCE HOLE/ MANHOLE INSPECTION

Routine inspection is performed on all maintenance holes/ manholes to allow for the identification of worn-out frame and cover assemblies, damaged concrete cones, and other deficiencies. Findings are documented and submitted to the WCSS for review. Most re pairs to manholes are performed by a contractor on an as needed basis. In addition, contractor performing work within the City is responsible for raising covered manholes to grade after street improvements.

4.2.6 VISUAL SEWER LINE INSPECTION

The wastewater collections system is visually inspect ed during routine cleaning and at the indication of a sewer line issue to observe flow levels, the condition of assets, and all other indicators of a potential problem. Findings are documented and submitted to the WCSS for review.

4.2.7 VIDEO INSPECTION

Video inspection is performed using advanced inspection equipment and vehicles on a routine bases with the objective of inspecting approximately 45 miles of gravity sewer line per year with more frequent inspections performed in suspected or known problem areas. Certain activities and conditions warrant non-routine inspection such as pretreatment program investigations, indication Redlans Regular Meeting of 09-05-2023
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Figure 3: CCTV Inspection Return Frequency

4.2.8 CONDITIONS REQUIRING IMMEDIATE ACTION

In the event a condition is found during cleaning and inspection activities or during a sewer call out that requires immediate action the WCSS evaluates the need for an outside contractor to perform emergency repairs. For the protection of the public and the environment as well as City personnel and assets the City maintains a service agreement with an outside contractor to provide emergency repair services. Once a determination is made the contractor is notified and an emergency response is initiated.

4.2.9 ON-CALL SEWER LINE MAINTENANCE

In the event the City’s wastewater collection system resources are temporarily compromised or deemed insufficient for a particular situation or project the City maintains a service agreement with an outside contractor to provide support. Once a determination is made the contractor is contacted and a support response is initiated.

4.2.10 SIPHON MAINTENANCE PROGRAM

Every three months a visual inspection is performed by experienced Wastewater Collection System Workers and results are documented in the GIS system to ensure each siphon is cleared of Redlans Regular Meeting of 09-05-2023
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4.2.11 FORCE MAIN/ LIFT STATION

The Mountain View Lift Station has a current design capacity of 3. 5 Million Gallons per Day (MGD). The sanitary flow from the lift station is pumped through one of two force main s, one with a 12-inch diameter and the other with a 14-inch diameter pipeline . The lift station is maintained and operated by WWTP operations and maintenance staff and continually monitored through Supervisory Control’s and Data Acquisition , otherwise referred to as SCADA. A daily walkthrough is performed by wastewater operations staff to obtain flow and other readings.

Weekly inspections are performed by wastewater maintenance staff and include routine greasing of pumps and motors.

4.2.12 ROOT CONTROL

To control sewer pipeline damage and sewer line blockages and back-ups related to root intrusion the City maintains a service agreement with a third-party contract to apply a chemical root control agent designed specifically to kill the root growth present in the lines . The treatment also inhibits root re-growth and sewer line intrusion without permanently damaging the vegetation producing the roots and without disrupting the waste water treatment plant processes. Each year approximately 14,300 liner feet of main sewer line is serviced.

4.2.13 ROACH CONTROL

To control roach infestation within the wastewater collection system which, if left untreated has the potential to lead to a public nuisance and a health hazard, the City maintains a service agreement with a third-party contractor to apply a coating to upper portion of the manhole cone using a chemical designed not to interrupt the wastewater treatment plant p rocess. Each year approximately 2300 manholes are treated.

4.3 REHABILITATION AND REPLACEMENT PLAN

The City has a routine rehabilitation and replacement process to identify and prioritize wastewater collection system deficiencies. This includes the development and implementation of multi -year CIPs to meet the needs identified so that the City can forecast funding sources, prioritize improvements based on funding available, and estimate a timeline for completion of individual improvements, both short and long term. The wastewater collections system preventative maintenance program is utilized to pr ovide the necessary information though visual and video inspections with a ranking system to document findings. Priority is given to areas of the wastewater collection system that are at risk of collapse, prone to more frequent blockages due to defects, or other at-risk conditions that do not meet the qualifications for emergency repair.

4.4 TRAINING

The City considers training to be a high priority. Proper training ensures that the employee will be capable of performing their job in a safe and effective manner. Training is accomplished in Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 several ways and tends to be either job specific or general in nature. The employees are encouraged to seek additional training to improve their skills and technical trade on a continual basis. Training records are maintained for each employee electronically.

Skills training includes, but is not limited to:

• Routine Line Maintenance
• Heavy Equipment Operation
• Maintenance Equipment Operation
• Line Testing and Inspection
• Infrastructure Installation
• Pump Station Operation and Maintenance
• Electrical and Instrumentation
• Emergency Response
• Public Relations
• Safety
• SSO Response & Volume Estimation
• NASSCO

Safety training is obtained from qualified internal staff as well as contract safety trainers. The City expects employee’s adherence to the following written safety policies and procedures:

• Illness & Injury Prevention Plan
• Confined Space Entry
• Seat Belt Policy
• Respiratory Protection Program
• Traffic Control
• Defensive Driving Program
• Cell Phone Policy

The wastewater collection system maintains appropriate safety equipment including protective clothing, safety glasses, hard hats, gloves, harnesses, tripods, hoists, fire extinguishers , atmospheric testing equipment and the City provides funding for safety boots. Lights, barricades, signage, and exhaust fans are also available at the wastewater collection system office and City corporation yard.

Some positions require a particular level of certification. Certifications can be achieved through organizations such as the California Water Environmental Association or other organizations that use Knowledge Skills and Ability assessments for certification purposes. Through the certification program the operators must obtain continuing education units which are achieved by attending a certain amount of technical training per certification term.

The following is a schedule of trainings that are completed at the indicated frequencies by the appropriate personnel using field training, technical training courses, webinars, and other training outlets:

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Sewer System Management Plan Revised April 2023 • Safety Tailgates: Every Week
• Safety Equipment Training: Annually
• SSO Training: Annually
• Confined Space Entry: Annually
• Blood Borne Pathogens: Annually
• Hazardous Material Training: Annually
• Combination Vehicle Training: Annually
• CCTV Training: Annually
• Supervisor Training: Annually
• Traffic Control: Annually
• Cardiopulmonary Resuscitation and Arterial Defibrillation: Every Three Years • National Associations of Sewer Service Companies (NASSCO): Every Three Years • Pipeline Assessment Certification Program (PACP) Every: Three Years • Lateral Assessment Certification Program (LACP): Every Three Years • Manhole Assessment Certification Program (MACP): Every Three Years

4.5 EQUIPMENT REPLACEMENT PLAN

For the wastewater collection system lift station, the City maintains an adequate inventory of replacement parts which are warehoused at the location. The critical parts as well as other parts and equipment inventory are based on the manufacture operations manual for the specific equipment or device and general working knowledge of the system.

For cleaning and insp ection activities within the wastewater collection system the v arious tools and equipment needed are warehoused at the WWTP. This includes two combination vehicles, one video inspection vehicle, an easement cleaner, and an air compressor trailer.

Regular inspections are performed on equipment and replacement parts to ensure that they can be used when needed. For those parts not readily accessible the City has vendors with open purchase orders that are utilized as needed and access to budget revenue. The City also maintains an open purchase order with a vendor to provide routine and as needed maintenance and repair for the combination and video inspection vehicles and the air compressor trailer.

Planned improvements and emergency repairs to the wastewater collection system are completed either through CIPs or through an open purchase order with a contractor for as needed emergency repairs. As such, the City does not maintain an inventory of parts and equipment related to those types of improvements and repairs.

4.5.1 CRITICAL PARTS INVENTORY

Description Year Purchased # Available Location
Centrifugal Pump 2022 1 Lift Station
Pump Motor 2022 1 Lift Station
Table 12: Critical Parts Inventory

4.5.2 REPLACEMENT PARTS INVENTORY
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Manhole frame and cover 30 WWTP
Hose- Wastewater Collection System 2 spools WWTP
Nozzles 6 WWTP
Valves 4 Lift Station
Hoses- Lift Station 3 Lift Station
Auto Switches 7 Lift Station
Power Supply 4 Lift Station
Relays 12 Lift Station
Table 13: Replacement Parts Inventory

4.6 CAPITAL IMPROVEMENT PROGRAM
The City’s Capital Improvement Program includes both short- term and long-term capital planning with the goal of addressing necessary improvements identified through an assessment process to ensure that the wastewater collection system is reliable and sustainable and adequately designed and sized to meet future needs. The projects listed below include historical, current, and future CIPs.

Job
Ledger Project Description 2018/2019 2019/2020 2020/2021 2021/2022 2022/2023 Near-Term (2030)
73343
2018 Sewer Pipeline
Cleaning and Inspection
Services
$142,535
73422 2019 CIP Sewer Pipeline
Replacement $973,060
71353 2020 On-Call Sewer
Repair
$250,000 $250,000
521021 2021 CIP Sewer Pipeline
Replacement $266,062
521010 Wastewater Master Plan
Upgrade $193,960
P-0 System-wide Flow
Monitoring $162,000
P-1 Cajon St, Cypress to Fern
Ave, Pipeline Upsizing $827,000
P-2 Cajon St at Citrus Ave
Pipeline Upsizing $141,000
P-3 Alabama St Pipeline
Upsizing and Realignment $4,967,000
P-4 Brockton Ave Pipeline
Upsizing $445,000
P-5 Citrus Plaza Dr Pipeline
Upsizing $671,000
P-6 Nevada St Pipeline
Upsizing $2,452,000
P-7
San Bernardino Mountain
View Lift Station
Optimization Study
$40,000
TBD Sewer Pipeline
Replacement Project $3,000,000
Total $142,535 $973,060 $443,960 $516,062 $9,137,000 $3,568,000 Table 14: CIP Project-Historical and Projected
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5. DESIGN AND PERFORMANCE PROVISIONS

The City has established design and performance provisions through the Sewer System Standard Specifications, the adoption of the California Plumbing Code and the development of Sewer Notes that are required to be included in all plans and specifications for sewer impro vements. These standards and specifications apply to the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. Current standard details and specifications can be found on the City’s website at www.cityofredlands.org/post/standard-details-specifications.

6 Overflow Emergency Response Plan

D.13.(v) Design and Performance Provisions:
a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and
b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.

D.13.(vi) Overflow Emergency Response Plan - Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following:
a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner;
b) A program to ensure appropriate response to all overflows; c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities ( e.g., health agencies, regional water boards, water suppli ers, etc.…) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Wat er Board WDR or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification;
d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and
f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.

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Sewer System Management Plan Revised April 2023 The City has developed an Overflow Emergency Response Plan (OERP), here in referred to as Sewer Spill Emergency Response Plan (SERP), and it is included in Appendix C. The objective of having a separate document is to provide a tool that can be used in the field as a reference while performing cleaning and inspection activities and emergency functions. The scope of the SERP is broader than the required scope of the SSMP and has been developed to satisfy the requirements of the Order.

6.1 PURPOSE

The purpose of the City’s SERP is to support an orderly and effective response to SSOs. The SERP provides guidelines for City personnel to follow in responding to, cleaning up, and reporting SSOs that may occur within the City's service area and to comply with the Order.

6.2 POLICY

The City's employees are required to report all SSOs found and to take the appropriate action to secure the area, properly report to the appropriate regulatory agencies, relieve the cause of the overflow, and ensure that the affected area is cleaned as soon as possible to minimize health hazards to the publ ic and protect the environment. The City will follow reporting procedures in regard to sewer spills as set forth by the RWQCB and the SWRCB.

6.3 GOALS

The goals with respect to responding to SSOs are as follows:

• Work safely;
• Respond quickly to minimize the volume of the SSO;
• Eliminate the cause of the SSO;
• Prevent SSOs or leaks from entering the storm drain system or receiving waters to the maximum extent practicable;
• Contain the SSO to the extent feasible;
• Minimize public contact with the SSO;
• Mitigate the impact of the SSO;
• Meet the regulatory reporting requirements;
• Evaluate the causes of failure related to certain SSOs; and • Revise response procedures resulting from the debrief and failure analysis.

6.5 AUTHORITY

This SERP is written in accordance with the Statewide Sanitary Sewer Systems General Order 2022-0103-DWQ which becomes in effect on June 5, 2023. In the event of a spill prior to the effective date of the new Order, the City will continue to categorize, report, and sam ple spills in accordance with:
• State Water Resources Control Board Order No. 2006-0003-DWQ; and • State Water Resources Control Board Order No. 2013-0058-EXEC

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Sewer System Management Plan Revised April 2023

7. FATS, OILS AND GREASE CONTROL PLAN

The Order requires that a Fats, Oils, and Grease (FOG) program be developed and included as part of the dischargers SSMP, if deemed necessary . The City has determined that c ontrolling FOG discharges from Food Service Establishments (FSEs) is an essential element in controlling SSOs, ensuring proper operations of the collection system and waste treatment facility , and to avoid negative impact from SSOs on human health and the environment. The FOG program is managed as part of the City’s approved pretreatment program under RWQCB Order No. 98-54.

7.1 LEGAL AUTHORITY

The City of Redlands Municipal Code 13.52 (RMC) provides the legal authority to implement the FOG program. A summary of the applicable RMC from Ordinance No. 2268 are as follows:

Number Municipal Code Section

13.52.010
General Provisions: ( B) Administration “This Chapter shall apply to all discharges, whether direct or indirect, to the Wastewater Treatment Facilities, and authorizes the issuance of wastewater discharge permits; provides for monitoring, complian ce, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the establishment of fees for the equitable distribution of costs resulting from the program established herein. Except as otherwise provided herein, the City's Director of Municipal Utilities shall administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed upon the Director by this Chapter may be delegated by the Director to other City personnel”

13.52.020 Definitions: (T) Interceptor or Gravity Separation Interceptor, Order Sec. D.13.(vii) Fats, Oils, and Grease (FOG) Control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate:
a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG;
b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area; c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG;
d) Requirements to install grease removal devices (such as traps or interceptors) design standards for the remo val devices, maintenance requirements, BMP requirements, record keeping and reporting requirements;
e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; f) An identification of sanitary sewer system sections subject to FOG blockages and establish a cleaning maintenance schedule for each section; and
g) Development and implementation of source control measures, for all sources of FOG discharged to the sanitary sewer system, for each section identified in (f) above.

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Sewer System Management Plan Revised April 2023

13.52.030
Prohibited Discharge Standards: (A) (1) “…material in quantities or volume which will obstruct the flow of sewer or sewage in the public sewer or any object that will cause clogging of sewage pumps or sewage sludge or cause pumps or interfere pass through with the normal operation of the Wastewater Treatment Facilities…”

13.52.040
Pretreatment of Wastewater: Pretreatment Facilities (A) “Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions of this Chapter within the time limit specified by EPA, the State, or the Director, whichever is more stringent.

Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense…”

13.52.040
Pretreatment of Wastewater: (B) Additional Pretreatment Measures (3) “All non - domestic users shall be required to ins tall and maintain a grease, oil and/or sand interceptor when the Director finds that such facility is necessary for the proper handling of liquid waste containing grease, flammable wastes, sand, or other harmful constituents which may be properly eliminate d from the wastewater collection system by use of an interceptor…”

13.52.040
Pretreatment of Wastewater: (B) Additional Pretreatment Measures (3) “Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at its expense. When an interceptor is cleaned, the removed sediment, liquid and floating material shall be legally disposed of other than to the City's POTW or storm drain.

13.52.040
Pretreatment of Wastewater: (B) Additional Pretreatment Measures (3) “All interceptor units shall be of the type and capacity approved by the Director and shall be so located to be easily accessible for cleaning and inspection

13.52.050
Waste Discharge Permit Application: (B) Waste Discharge Permit Requirements (2) “The Director ma y require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.”

13.52.080
Compliance Monitoring (A) Right of Entry: Inspection and Sampling. “The Director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of examination and inspection, sampling, records copying, and the performance of any additional duties.”

13.52.110 Administrative Enforcement Remedies: (A) Notice of Violation, (B) Compliance Order, (C) Emergency Suspension, and (D) Termination of Discharge

13.52.120 Judicial Enforcement Remedies: (A) Injunction Relief (B) Civil Penalties

13.52.120 Judicial Enforcement Remedies: (A) Injunction Relief (C) Criminal Penalties

13.52.130 Supplemental Enforcement Action: (C) Water Supply Severance and (D) Public Nuisance (D)

13.52.140 Miscellaneous Provisions: (A) Pretreatment Charges and Fees Table 15: Legal Authority

7.2 GREASE REMOVAL DEVICE REQUIREMENTS

RMC section 13.52.40 (B) (3) requires that all grease generating facilities install a grease removal device if deemed necessary. The device shall be of the type and capacity approved and shall be so located to be easily accessible for cleaning and inspection . In addition, a sample box is to be installed downstream from the device, prior to connections with the sanitary sewer line. The grease interceptor and sample box must be of adequate capacity to sufficiently remove FOG from the wastestream and comply with City’s standard design and specifications , California Plumbing Code, and no less than 750 gallons . The use of a hydro-mechanical device (or small grease trap) Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 is prohibited except under limited circumstances and requires approval in advance. If a variance is granted the alternative grease removal device type, design, capacity, and location must be accepted by the City and comply with County of San Bernardino Environmental Health Services Department requirements. Grease removal devices are not permitted in confined spaces or in other areas with the potential for hazards.

7.3 GREASE REMOVAL DEVICE MAINTENANCE

RMC section 13.52.40 (B) (3 ) requires that grease removal devices be inspected, cleaned, and repaired regularly and as needed, by the user at its expense to ensure proper operation, which may be established by the City. They are to be pumped and cleaned in their entirety at each service and contents removed are to be disposed of appropriately in accordance with applicable regulations.

At no time shall a grease removal device be bypa ssed or otherwise disabled unless it is for maintenance and repair and no discharge to the sewer will occur. Records of service and maintenance are to be kept on -site for a minimum of three (3) years and made available for inspection upon request.

7.4 BEST MANAGEMENT PRACTICES

The City ’s educational outreach encourages the implementation of the following Best Management Practices (BMPs) that are enforceable if it is determent that the site is not properly maintained which results in a violation of certain provisions of RMC 13.52:

• Employee Training: Train staff annual and upon new hire on performing daily tasks in a manner that will reduce FOG in the facilities waste discharge and prevent deposits of FOG in outdoor areas.
• Drain Screens : Provide screens to protect drains from debris and food particles with openings no larger than 3/8” in any direction . They shall be cleaned frequently with the screenings deposited in the appropriate trash receptacle. Replace screens immediately after cleaning.
• Spill Prevention: Develop and post spill clean-up procedures and training employees. Used oil and other chemicals and other liquids shall be stored away from drains and stormwater conveyance systems, providing 110% containment when necessary. Close containers when not in use.
• Spill Cleanup: If a spill occurs, block off any drains where the spill may enter the sewer or stormwater conveyance and isolate the spill. Implement the use of dry-cleaning methods for spills whenever possible such as towels, absorbent material, broom, and dustpan. If additional cleaning is necessary, limit the use of chemicals and water and use a mop and bucket. If the area must be hosed down, contain, and recollect wash water and dispose of in the mop sink unless it contains a hazardous material. N o wash water is to enter a stormwater conveyance or be left on the ground outside. Hazardous waste spills are to be cleaned, contained, a nd disposed of appropriately in accordance with applicable regulations.
• Routine Cleaning : Limit the u se of chemicals when cleaning by diluting to the proper concentration and consider substituting with dish soap . The use of enzymes should be limited to the maximum extent possible. Use dry cleaning methods to remove e xcessive Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 deposits of used oil and grease prior to cleaning the area with water. Scr ape all pans and dishes into the proper trash receptacles prior to washing. Discharge water temperature should not exceed 140 degrees.
• Used Oil and Grease Handling and Disposal: Properly dispose of u sed oil and other oily liquids in a recycle container, such as a grease tallow bin. Ensure the material is properly contained and managed until removed from the site. If stored outdoors, make sure the container and surrounding ground is free from spills and stored away from stormwater conveyance systems.
• Record Keeping: Maintain records of grease removal device cleaning, maintenance, and repair and used oil and grease recycling for a minimum of three (3) years and make available upon request.

7.5 AUTHORITY TO INSPECT AND ACCESS

RMC 13.52.080 section (A) provides the City with the authority to enter the premises of any user to determine whether the user is complying with all requirements of RMC and any wastewater discharge permit or other order. Access to all parts of the premises for the purposes of examination and inspection, sampling, records copying, and the performance of any additional duties are to be granted during business hours and other times as arranged. Grease removal devices are to be free from material or objects that will impede inspection during business hours.

7.6 INSPECTION PROCEDURES

The RMC and Enforcement Response Plan includes provisions for inspection for FOG generating facilities and subsequent enforcement actions in the event of a violation of RMC 13.52.

Routine inspections of facilities are conducted to ensure compliance with RMC 13.52 and other regulatory requirements. Th e inspections are generally unannounced and at a frequency that is determined by the site’s compliance history, the presence of a grease removal device, and other determining factors. A typical inspection includes v isual inspection of the inside and outside of the facility, physical inspection of the grease removal device (periodically), verification of proper BMP implementation, and review of records. Wastestream monitoring may be performed when necessary.

Inspections are also performed on a non-routine basis and are generally prompted by complaints or other issues identified which includes odor complaints, private lateral spills , and non - stormwater discharges. Procedures performed during non -routine inspection will vary and are based on the type of complaint or issue and may include activities performed during routine inspection as well as dye test ing, drain inspections, wastestream monitoring, photographs, and interviews.

7.7 PLANS AND PLAN CHECK INSPECTIONS

Plans submitted by a FSEs for approval through the City of Redlands Building and Safety are reviewed to ensure that proposed grease removal devices conform to City standards and specifications and California Plumbing Code, and that sanitary and grease wast e lines are Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 adequately segregated. Plan check inspections are conducted on an as needed basis to ensure that the site is built in accordance with the approved plans.

7.8 ENFORCEMENT ACTION

Enforcement action is available for facilities found to be in non -compliance with the RMC in accordance with the Enforcement Response Plan. The intent of enforcement action is to guide the facility into compliance. The type of enforcement is dependent on t he nature of the violation, the facilities intent, the history of compliance of the facility, the effects of the violation on public safety and the environment, the safety of City staff, and the POTW.

Violations may include , and are not limited to , verbal warning, corrective action, Notice of Violation, compliance orders, emergency suspension, termination of discharge, civil and criminal penalties, supplemental enforcement actions and monetary compensation to remediate a nuisance.

The City may take a combination of enforcement actions specified, as well as any other enforcement remedies that are available. Additionally, installation of, or improvements to, grease removal device may be required.

7.9 FOG DISPOSAL

The City does not provide a method for FOG disposal at the WWTP. FSEs are encouraged to check with San Bernardino County to obtain a current list of permitted haulers capable of transporting grease waste.

7.10 SERVICE AREA EVALUATION

Sewer mainlines that tend to have frequent blockages caused by deposits of FOG are identified based on qualitative findings such as tracking locations of repeat sewer blockages, significant grease collected on hydro-jetting nozzles during cleanings, or through CCTV findings. I dentified trouble spots in the sewer mainline are put on a more frequent preventive maintenance cleaning schedule which may include monthly, bi -monthly, quarterly, or annual cleanings based on the likelihood of the issue contributing to or causing an SSO a s well as other determining factors.

These locations are inspected to determine the source of the issue and to perform educational outreach.

7.11 OUTREACH TO FOOD SERVICE ESTABLISHMENTS

Routine inspections of FSE s provide an opportunity to observe the effectiveness of Best Management Practices (BMPs) being implemented and to identify deficiencies that may lead to discharges of FOG, solids, or other pollutants. Education on the proper implementation and maintenance of BMP’s and a FOG brochure is provide d at that time . In addition, FSEs that are submitted for plan check review receive FOG brochure that includes BMPs and other resources.

7.12 OUTREACH TO RESIDENTS

Residents that use oils and grease for cooking may also contribute to potential sewer line blockages and spills. The City distributes educational outreach material to residents during special events and Redlans Regular Meeting of 09-05-2023
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Sewer System Management Plan Revised April 2023 downtown vendor fairs that includes a brochure with BMPs related to management of FOG, private lateral maintenance, and what not to dispose o f in the sanitary sewer. Promotional giveaways designed to complement the outreach material and engage the residents are also provided.

8. SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN

The City’s most recent Wastewater Master Plan was completed in December 2021 by Dudek. The wastewater collection system capacity was evaluated by determining the maximum depth over diameter (d/D) values in the system estimated during peak flows. The existing and future capacity analyses resulted in approximately 10,500 linear feet (LF) of pipeline being identified for improvement based on a d/D trigger criterion of 1.0 (100% full flow) under anticipated peak wet weather flow conditions. Recommended upsizing of pipelines is based on meeting pipeline design criteria under anticipated ultimate (2070) peak wet weather flow conditions.

The Master Plan included the development of a hydraulic model using the Innovyze InfoSewer software. The average dry weather flow s measured at the WWTP in August 2020 assisted in determining the model’s dry weather scenarios. Similarly, wet weather flows measured at the WWTP on March 12,2020 were used to determined loads in the model’s wet weather scenarios.

The hydraulic model’s ho urly flows and 24 -hour flows are withing 10% of field measurements, meaning the model is calibrated.

Order Sec. D.13.(viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include:
a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events;
b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in “a” above to establish appropriate design criteria; and c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term capital improvement plan (CIP) to address identified hydraulic deficiencies including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a-c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D.

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Sewer System Management Plan Revised April 2023 The capacity enhancement measures established as a result of the master plan and the schedule of completion is included in the Operations and Maintenance Program under the Capital Improvement Program section.

9. MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS

The City tracks several performance measures through tracking logs and annual reports. These logs and reports include information such as the number call outs , cause for the call out , call resolution and the location of the incident. The documentation includes the response time, customer complaint, key times of the event, potential reasons for the issue, results of inspection and investigation, the type of pipe in the affected area, and type of debris found. If the call out is due to an SSO, the findings, reports and notification are included along with any p hotographs, CCTV records and other data.

Periodic review of the wastewater collection system maintenance performance measures compared to the overflow events and the bi -annual SSMP audits are used to determine if any further monitoring, measures, or modifications are needed. Historical SSO trends and findings are also factored into the need for action. T his allows the City to prioritize appropriate SSMP activities , assess its effectiveness, and identify any deficiencies.

9.1 PERFORMANCE INDICATORS

The following types of performance indicators are used in the evaluation to assess the effectiveness of the SSMP:
• Annual number of sanitary sewer overflows
• Annual number of dry weather overflows events
• Annual number of wet weather overflow events
• Total annual volume of overflows including recovered volumes • Annual Number of SSOs by cause
• Annual linear feet of line cleaning by type – regular and high frequency • Annual CCTV miles of pipeline condition assessments completed • Number of customer complaints received and completed
• Average response time to overflow events.

SSMP Element Summary of Element Purpose Example Performance Indicators for Tracking Effectiveness
Order Sec. D.13.(ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall:
a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities;
b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP;
c) Assess the success of the preventative maintenance program; d) Update program elements, as appropriate, based on monitoring or performance evaluations; and
e) Identify and illustrate SSO trends, including frequency, location, and volume.

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Sewer System Management Plan Revised April 2023 Goals Establish priorities and provide focus for
staff
Review of goals based upon results of
performance evaluations.

Organization Document organization and chain of
command & communication for SSO
response
Review of Organization Chart and all
contact information, making any changes
identified
Legal Authority Ensure sufficient legal authority to
properly maintain and protect the
integrity of the system
Review of codes and/or ordinances for
revisions, including schedule for
identified updates.

Operations
and
Maintenance
Program
Minimize blockages and SSOs by
properly operating and maintaining the
system
Review of
• Total number and volume of SSOs
• Number of repeat SSOs (from same
location as any previous SSO)
• Number of lateral SSOs (if known
for private laterals)
• Number of main linesSSOs
• Total volume spilled
• Total amount recovered
• Total amount estimated to reach
surface waters
• Percent reaching surface water
• Number of pipe failures
• Total length of pipe camera inspected
• Total length of pipe hydro-cleaned
• Total length of pipe repaired or
replaced
Design &
Construction
Standards
Ensure new facilities are properly
designed and constructed
Review of new technologies and materials
for collection systems assets.

Overflow
Emergency
Response Plan
(OERP)
Provide timely and effective response to
SSO emergencies and comply with
regulatory reporting requirements
▪ Average response time from call to
arrival
▪ Average response time from arrival to
SSO stoppage and cleanup
▪ Percent of total SSO volume contained
or returned to sewer
Fats, Oils &
Grease (FOG)
Control
Minimize blockages and overflows due
to FOG
▪ Number of blockages due to FOG
▪ Number of SSOs due to FOG
▪ Inspections of FOG-producing
facilities
Monitoring,
Measurement,
& Program
Modifications
Evaluate effectiveness of SSMP, keep
SSMP up-to- date, and identify
necessary changes to SSMP Elements
▪ Prepare and update
performance results in
Elements 4, 6 & 7.
▪ Review and update callout forms as
needed.
▪ Conduct annual review of CIWQS data.

Program
Audits
Formally identify SSMP effectiveness,
limitations, and necessary changes on an
annual basis
▪ Date of completion of last annual
audit
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on Plan
Communicate with the public and
satellite agencies.

Place audit on webpage.

Table 16: Example SSMP Monitoring Performance Indicators

9.2 SSO Evaluation

Historical data for the previous 5 years is reviewed, and the following types of tables and graphs are used to evaluate the data and demonstrate the effectiveness of the SSMP:
• SSOs by Category
• Gravity, Force Main, & Lift Station SSO Data
• SSO Recovery Data
• SSO by Cause

Graph 1: SSO by Category

Table 17: SSO by Category
0 1
2 3
4 5
6 7
2018 2019 2020 2021 2022
SSOs by Catagory
Category 1 Category 2 Category 3
Calendar Year Category 1 Category 2 Category 3
2018 1 0 6
2019 1 0 3
2020 0 1 2
2021 0 0 3
2022 0 0 3
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Graph 2: Gravity, Force Main, & Lift Station SSO Data

Calendar Year Gravity Sewer SSOs Pump Station SSOs Force Main SSOs 2018 7 0 0
2019 2 0 0
2020 3 0 0
2021 1 0 0
2022 2 0 0
Table 18: Gravity, Force Main, & Lift Station SSO Data

Graph 3:SSO Recovery Data
0 1
2 3
4 5
6 7
8 2018 2019 2020 2021 2022
Gravity Sewer, Force Main, & Lift Station SSO
Gravity Sewer SSOs Pump Station SSOs Force Main SSOs
0 1000
2000
3000
4000
5000
6000
7000
8000
9000
2018 2019 2020 2021 2022
SSO Recovery Trend in Gallons
Recovered Unrecovered Total Spill
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Calendar Year Total Volume SSO Returned to
Sewers Unrecovered
2018 6784 3610 3084
2019 8195 1055 7140
2020 1626 427 1199
2021 261 261 0
2022 860 860 0
Table 19:SSO Recovery Data

Graph 4:SSO by Cause

Calendar
Year Roots Debris Rags FOG Combination Pipe
Failure Capacity Contractor Other
2018 1 0 0 0 4 0 0 1 1
2019 0 0 0 2 0 0 0 0 0
2020 0 0 0 0 1 1 0 1 0
2021 0 0 1 0 0 0 0 0 0
2022 0 0 0 0 1 0 0 1 0
Table 20:SSO by Cause

0 0.5
1 1.5
2 2.5
3 3.5
4 4.5
2018 2019 2020 2021 2022
SSOs by Cause, 2018-2022
Roots Debris Rags FOG Combination Pipe Failure Capacity Contractor Other Redlans Regular Meeting of 09-05-2023
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10. SSMP PROGRAM AUDITS

The goal of each bi-annual SSMP Program Audit is to ensure that it is appropriate and implemented properly and that any deficiencies in the plan are identified and addressed. The historical sewer system performance and overflow results are used to determine the SSMP effectiveness over the proceeding audit period. The audit also includes a review of related regulations to determine if any changes are necessary for compliance . The audit team consisted of RCO and WCSS and may be expanded to other relevant City staff based on scope of the audit and the complexity of the findings.

The following outline is used as a guide for each audit:

▪ Determine the lead auditor.
▪ Determine the audit team.
▪ Determine the scope of the audit.
▪ Prepare an audit outline which shall include the various approaches. ▪ Distribute tasks amongst the audit team.
▪ Establish timelines for tasks.
▪ Review findings and recommendations as a team.
▪ Itemize corrective actions and establish due dates.
▪ Document findings, recommendations, corrective actions, and corrective action results and include in the SSMP Internal Audit Report.
▪ Include any needed plan updates that shall be included in the next SSMP update. ▪ Share the results of the completed audit with affected staff. ▪ Update the SSMP Change Log for any revisions or changes identified.

11. Communication Program

The City has established communication lines through several means to ensure that the public has ample access to the City’s sewer program activities, current and future plans and projects, community outreach and general public information. The City also provides public outreach to D.13.(x) SSMP Program Audits - As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13.), including identification of any deficiencies in the SSMP and steps to correct them.

D.13.(xi) Communication Program. The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented.

The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system.

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Sewer System Management Plan Revised April 2023 educate the residents on important issues such as FOG program, water conservation, stormwater pollution prevention, safety, and emergency preparedness. The City routinely uses the outlets listed below to help provide its residents, businesses, satellite agencies, and other interested parties with the most up-to-date information possible:

• Public Relations Coordinator
• Cable TV Channel
• Website
• Local Media (TV and Newspaper)
• City Council Agenda & Meeting Minutes
• Public Hearings
• Personal Visits / Phone Calls
• Door Hangers
• Sign Postings
• Customer Mailings
• During Crew Interactions with the Public
• Public Events

The City’s official website, www.cityofredlands.org, provides the public has access to relevant documents as well as public services, City business, community outreach, budget information, and other related public education such as:

• Annual budget
• Sewer Use Ordinances
• SSMP
• SERP
• Claims Process
• Public education related to FOG control, illegal dumping, lateral maintenance, and other pollution prevention measures.

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Sewer System Management Plan Revised April 2023 Appendix A:

Sewer System Management Plan
Change Log

Date
SSMP
Element/
Section
Description of Change/Revision Made Updated By:

July 14, 2009 Original Development of SSMP Jorge Ramirez January 15, 2010 Various SSMP Annual Review Update Jorge Ramirez March 30, 2011 Various SSMP Audit Review Update Jorge Ramirez April 18, 2012 Various SSMP Annual Review Update Jorge Ramirez May 21, 2013 Various SSMP Audit Review Update Jorge Ramirez November 21, 2014 Various SSMP Annual Review Update Jorge Ramirez December 04, 2017 Various SSMP Audit Review Update Shannon Simmers December 12, 2019 Various SSMP Audit Review Update Shannon Simmers December 12, 2021 Various SSMP Audit Review Update Shannon Simmers April 10, 2023 Various SSMP Audit Review Update Shannon Simmers September 5, 2023 SSMP SSMP Adoption/Recertification City Council

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Sewer System Management Plan Revised April 2023 Appendix B:

SSMP Adoption and Recertification Documents

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Sewer System Management Plan Revised April 2023 Appendix C:

Sewer Spill Emergency Response Plan
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1 STATE WATER RESOURCES CONTROL BOARD
1001 I Street, Sacramento, California 95814
ORDER WQ 2022-0103-DWQ

STATEWIDE WASTE DISCHARGE REQUIREMENTS

GENERAL ORDER FOR SANITARY SEWER SYSTEMS
This Order was adopted by the State Water Resources Control Board on December 6, 2022.

This Order shall become effective 180 days after the Adoption Date of this General Order, on June 5, 2023.

The Enrollee shall comply with the requirements of this Order upon the Effective Date of this General Order.

This General Order does not convey any property rights of any sort or any exclusive privileges.

The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, protect the Enrollee from liability under federal, state, or local laws, nor create a vested right for the Enrollee to continue the discharge of waste.

CERTIFICATION
I, Jeanine Townsend, Clerk to the Board, do hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted by the State Water Board on December 6, 2022.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
for
Jeanine Townsend
Clerk to the Board
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2 Table of Contents

1. Introduction .................................................................................................................... 4

2. Regulatory Coverage and Application Requirements .................................................... 5

2.1. Requirements for Continuation of Existing Regulatory Coverage ....................... 5

2.2. Requirements for New Regulatory Coverage ...................................................... 5

2.3. Regulatory Coverage Transfer ............................................................................ 7

3. Findings ......................................................................................................................... 7

3.1. Legal Authorities ................................................................................................. 7

3.2. General ............................................................................................................. 11

3.3. Water Quality Control Plans, Policies and Resolutions ..................................... 14

3.4. California Environmental Quality Act ................................................................. 16

3.5. State Water Board Funding Assistance for Compliance with Water Board Water Quality Orders ................................................................................................... 16

3.6. Notification to Interested Parties ....................................................................... 17

4. Prohibitions .................................................................................................................. 17

4.1 Discharge of Sewage from a Sanitary Sewer System ....................................... 17

4.2. Discharge of Sewage to Waters of the State..................................................... 17

4.3. Discharge of Sewage Creating a Nuisance ....................................................... 18

5. Specifications ............................................................................................................... 18

5.1. Designation of a Legally Responsible Official ................................................... 18

5.2. Sewer System Management Plan Development and Implementation ............... 18

5.3. Certification of Sewer System Management Plan and Plan Updates ................ 19

5.4. Sewer System Management Plan Audits .......................................................... 19

5.5. Six-Year Sewer System Management Plan Update .......................................... 21

5.6. System Resilience ............................................................................................. 22

5.7. Allocation of Resources .................................................................................... 22

5.8. Designation of Data Submitters ......................................................................... 22

5.9. Reporting Certification ....................................................................................... 22

5.10. System Capacity ............................................................................................... 23

5.11. System Performance Analysis .......................................................................... 23

5.12. Spill Emergency Response Plan and Remedial Actions ................................... 23

5.13. Notification, Monitoring, Reporting and Recordkeeping Requirements ............. 24

5.14. Electronic Sanitary Sewer System Service Area Boundary Map ....................... 26

5.15. Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems ................................................................................... 26

5.16. Voluntary Notification of Spills from Privately-Owned Laterals and/or Systems to the California Office of Emergency Services ..................................................... 27

5.17. Unintended Failure to Report ............................................................................ 27 Redlans Regular Meeting of 09-05-2023
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3 5.18. Duty to Report to Water Boards ........................................................................ 27

5.19. Operation and Maintenance ............................................................................... 27

6. Provisions .................................................................................................................... 27

6.1. Enforcement Provisions .................................................................................... 27

6.2. Other Regional Water Board Orders ................................................................. 30

6.3. Sewer System Management Plan Availability ................................................... 31

6.4. Entry and Inspection ......................................................................................... 31

Table of Attachments
Attachment A – Definitions ..................................................................................................... A-1 Attachment B – Application for Enrollment ............................................................................. B-1 Attachment C - Notice of Termination ..................................................................................... C-1 Attachment D – Sewer System Management Plan – Required Elements .............................. D-1 Attachment E1 – Notification, Monitoring, Reporting and Recordkeeping Requirements ..... E1-1 Attachment E2 – Summary of Notification, Monitoring and Reporting Requirements ........... E2-1 Attachment F – Regional Water Quality Control Board Contact Information .......................... F-1

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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER

ORDER 2022-0103-DWQ December 6, 2022
4 1. INTRODUCTION
This General Order regulates sanitary sewer systems designed to convey sewage. For the purpose of this Order, a sanitary sewer system includes, but is not limited to, pipes, valves, pump stations, manholes, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks. A sanitary sewer system includes:
• Laterals owned and/or operated by the Enrollee;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.

Sewage is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.

Sewage contains high levels of suspended solids, non-digested organic waste, pathogenic bacteria, viruses, toxic pollutants, nutrients, oxygen-demanding organic compounds, oils, grease, pharmaceuticals, and other harmful pollutants.

For the purpose of this General Order, a spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Sewage and its associated wastewater spilled from a sanitary sewer system may threaten public health, beneficial uses of waters of the State, and the environment.

This General Order serves as statewide waste discharge requirements and supersedes the previous State Water Resources Control Board (State Water Board) Order 2006-0003-DWQ and amendments thereafter. All sections and attachments of this General Order are enforceable by the State Water Board and Regional Water Quality Control Boards (Regional Water Boards). Through this General Order, the State Water Board requires an Enrollee to:
• Comply with federal and state prohibitions of discharge of sewage to waters of the State, including federal waters of the United States;
• Comply with specifications, and notification, monitoring, reporting and recordkeeping requirements in this General Order that implement the federal Clean Water Act, the California Water Code (Water Code), water quality control plans (including Regional Water Board Basin Plans) and policies;
• Proactively operate and maintain resilient sanitary sewer systems to prevent spills; • Eliminate discharges of sewage to waters of the State through effective implementation of a Sewer System Management Plan;
• Monitor, track, and analyze spills for ongoing system-specific performance improvements; and
• Report noncompliance with this General Order per reporting requirements.

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5 An Enrollee is a public, private, or other non-governmental entity that has obtained approval for regulatory coverage under this General Order, including:
• A state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems:
o greater than one (1) mile in length (each individual sanitary sewer system); o one (1) mile or less in length where the State Water Board or a Regional Water Board requires regulatory coverage under this Order; or • A federal agency, private company, or other non-governmental entity that owns and/or operates a sanitary sewer system of any size where the State Water Board or a Regional Water Board requires regulatory coverage under this Order in response to a history of spills, proximity to surface water, or other factors supporting regulatory coverage.

For the purpose of this Order, a sanitary sewer system includes only systems owned and/or operated by the Enrollee.

2. REGULATORY COVERAGE AND APPLICATION REQUIREMENTS

2.1. Requirements for Continuation of Existing Regulatory Coverage To continue regulatory coverage from previous Order 2006-0003-DWQ under this General Order, within the 60-days-prior-to the Effective Date of this General Order, the Legally Responsible Official of an existing Enrollee shall electronically certify the Continuation of Existing Regulatory Coverage form in the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. The Legally Responsible Official will receive an automated CIWQS-issued Notice of Applicability email, confirming continuation of regulatory coverage under this General Order. All regulatory coverage under previous Order 2006-0003-DWQ will cease on the Effective Date of this Order.

An Enrollee continuing existing regulatory coverage is not required to submit a new application package or pay an application fee for enrollment under this General Order.

The annual fee due date for continued regulatory coverage from previous Order 2006-0003-DWQ to this General Order remains unchanged.

A previous Enrollee of Order 2006-0003-DWQ that fails to certify the Continuation of Existing Regulatory Coverage form in the online CIWQS database by the Effective Date of this Order is considered a New Applicant, and will not have regulatory coverage for its sanitary sewer system(s) until:
• A new application package for system(s) enrollment is submitted per section 2.2 (Requirements for New Regulatory Coverage) below; and
• The new application package is approved per section 2.2.2 (Approval of Application Package (For New Applicants Only)).

2.2. Requirements for New Regulatory Coverage
No later than 60 days prior to commencing and/or assuming operation and maintenance responsibilities of a sanitary sewer system, a duly authorized representative that Redlans Regular Meeting of 09-05-2023
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6 maintains legal authority over the public or private sanitary sewer system is required to enroll under this General Order by submitting a complete application package as specified below and as provided in Attachment B (Application for Enrollment Form) of this General Order.

Unless required by a Regional Water Board, a public agency that owns a combined sewer system subject to the Combined Sewer Overflow Control Policy (33 U.S. Code § 1342(q)), is not required to enroll, under this Order, the portions of its sanitary sewer system(s) that collects combined sanitary wastewater and stormwater.

2.2.1. Application Package Requirements
The Application for Enrollment package for new applicants must include the following items:
• Application for Enrollment Form. The form in Attachment B of this General Order must be completed, signed, and certified by a Legally Responsible Official, in accordance with section 5.1 (Designation of a Legally Responsible Official) of this General Order. If an electronic Application for Enrollment form is available at the time of application, a new applicant shall submit its application form electronically; and
• Application Fee. A fee payable to the “State Water Resources Control Board” in accordance with the Fee Schedule in the California Code of Regulations, Title 23, section 2200, or subsequent fee regulations updates.

The application fee for this General Order is based on the sanitary sewer system’s threat to water quality and complexity designations of category 2C or 3C, which is assigned based on the population served by the system. The current Fee Schedule for sanitary sewer systems is listed under subdivision (a)(2) at the following website:

Fee Schedule (https://www.waterboards.ca.gov/resources/fees/water_quality/).

2.2.2. Approval of Application Package (For New Applicants Only) The Deputy Director of the State Water Board, Division of Water Quality (Deputy Director) will consider approval of each complete Application for Enrollment package.

The Deputy Director will issue a Notice of Applicability letter which serves as approved regulatory coverage for the new Enrollee.

If the submitted application package is not complete in accordance with section 2.2.1 (Application Package Requirements) of this General Order, the Deputy Director will send a response letter to the applicant outlining the application deficiencies. The applicant will have 60 days from the date of the response letter to correct the application deficiencies and submit the identified items necessary to complete the application package to the State Water Board.

2.2.3. Electronic Reporting Account for New Enrollee
Within 30 days after the date of the Approval of Complete Application Package for System Enrollment, a duly authorized representative for the Enrollee shall obtain a CIWQS Sanitary Sewer System Database user account by clicking the “User Registration” button and following the directions on the CIWQS Login Page Redlans Regular Meeting of 09-05-2023
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7 (https://ciwqs.waterboards.ca.gov). If additional assistance is needed to establish an online CIWQS user account, contact State Water Board staff by email at [email protected]. The online user account will provide the Enrollee secure access to the online CIWQS database for electronic reporting.

2.3. Regulatory Coverage Transfer
Regulatory coverage under this General Order is not transferable to any person or party except after an existing Enrollee submits a written request for a regulatory coverage transfer to the Deputy Director, at least 60 days in advance of any proposed system ownership transfer. The written request must include a written agreement between the existing Enrollee and the new Enrollee containing:
• Acknowledgement that the transfer of ownership is solely of an existing system with an existing waste discharge identification (WDID) number; • The specific ownership transfer date in which the responsibility and regulatory coverage transfer between the existing Enrollee and the new Enrollee becomes effective; and
• Acknowledgement that the existing Enrollee is liable for violations occurring up to the ownership transfer date and that the new Enrollee is liable for violations occurring on and after the ownership transfer date.

The Deputy Director will consider approval of the written request. If approved, the Deputy Director will issue a Notice of Applicability letter which serves as an approved transfer of regulatory coverage to the new Enrollee.

3. FINDINGS

3.1. Legal Authorities

3.1.1. Federal and State Regulatory Authority
The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the waters of the United States (33 U.S.C. 1251). The Water Code authorizes the State Water Board to implement the Clean Water Act in the State and to protect the quality of all waters of the State (Water Code sections 13000 and 13160).

3.1.2. Discharge of Sewage
A discharge of untreated or partially treated sewage is a discharge of waste as defined in Water Code section 13050(d) that could affect the quality of waters of the State and is subject to regulation by waste discharge requirements issued pursuant to Water Code section 13263 and Chapter 9, Division 3, Title 23 of the California Code of Regulations.

A discharge of sewage may pollute and alter the quality of the waters of the State to a degree that unreasonably affects the beneficial uses of the receiving water body or facilities that serve those beneficial uses (Water Code section 13050(l)(1)).

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8 3.1.3 Water Boards Authority to Require Technical Reports, Monitoring, and Reporting Water Code sections 13267 and 13383 authorize the Regional Water Boards and the State Water Board to establish monitoring, inspection, entry, reporting, and recordkeeping requirements. Water Code section 13267(b), authorizes the Regional Water Boards to “require any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region… or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of water within its region shall furnish, under penalty of perjury, technical or monitoring reports which the regional board requires…In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports and shall identify the evidence that supports requiring that person to provide the reports.” Water Code section 13267(f) authorizes the State Water Board to require this information if it consults with the Regional Water Boards and determines that it will not duplicate the efforts of the Regional Water Boards. The State Water Board has consulted with the Regional Water Boards and made this determination.

The technical and monitoring reports required by this General Order and Attachment E (Notification, Monitoring, Reporting and Recordkeeping Requirements) are necessary to evaluate and ensure compliance with this General Order. The effort to develop required technical reports will vary depending on the system size and complexity and the needs of the specific technical report. The burden and cost of these reports are reasonable and consistent with the interest of the state in protecting water quality, which is the primary purpose of requiring the reports.

Water Code section 13383(a) authorizes the Water Boards to “establish monitoring, inspection, entry, reporting, and recordkeeping requirements… for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge.” Section 13383(b) continues, “the state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required.”
Reporting of spills from privately owned sewer laterals and systems pursuant to section

5.15 (Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems) of this General Order is authorized by Water Code section 13225(c) and encouraged by the State Water Board, wherein a local agency may investigate and report on any technical factors involved in water quality control provided the burden including costs of such reports bears a reasonable relationship to the need for the report and the benefits to be obtained therefrom. The burden of reporting private spills under section 5.15 (Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems) is minimal and is outweighed by the benefit of providing Regional Water Boards an opportunity to respond to these spills Redlans Regular Meeting of 09-05-2023
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9 when an Enrollee, which in many cases has a contractual relationship with the owner of the private system, has knowledge of the spills.

3.1.4. Water Board Authority to Prescribe General Waste Discharge Requirements Water Code section 13263(i) provides that the State Water Board may prescribe general waste discharge requirements for a category of discharges if the State Water Board finds or determines that:
• The discharges are produced by the same or similar operations; • The discharges involve the same or similar types of waste; • The discharges require the same or similar treatment standards; and • The discharges are more appropriately regulated under general waste discharge requirements than individual waste discharge requirements.

Since 2006, the State Water Board has been regulating over 1,100 publicly owned sanitary sewer systems (See section 3.1.5 (Previous Statewide General Waste Discharge Requirements) of this General Order). California also has a large unknown number of unregulated privately owned sanitary sewer systems. All waste conveyed in publicly owned and privately owned sanitary sewer systems (as defined in this General Order) is comprised of untreated or partially treated domestic waste and/or industrial waste. Generally, sanitary sewer systems are designed and operated to convey waste by gravity or under pressure; system-specific design elements and system-specific operations do not change the common nature of the waste, the common threat to public health, or the common impacts on water quality. Spills of waste from a sanitary sewer system prior to reaching the ultimate downstream treatment facility are unauthorized and enforceable by the State Water Board and/or a Regional Water Board. Therefore, spills from sanitary sewer systems are more appropriately regulated under general waste discharge requirements.

As specified in Water Code sections 13263(a) and 13241, the implementation of requirements set forth in this Order is for the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each Regional Water Board and take into account the environmental characteristics of sewer service areas and hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect water quality, costs associated with compliance with these requirements, the need for developing housing within California, and the need to protect sources of drinking water and other water supplies.

3.1.5. Previous Statewide General Waste Discharge Requirements On May 2, 2006, the State Water Board adopted Order 2006-0003-DWQ serving as Waste Discharge Requirements pursuant to Article 4, Chapter 4, Division 7 of the Water Code (commencing with section 13260) for inadvertent discharges to waters of the State. Order 2006-0003-DWQ prohibited discharges of untreated or partially treated sewage. Order 2006-0003-DWQ also required system-specific management, operation, and maintenance of publicly owned sewer systems greater than one mile in length.

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10 To decrease the impacts on human health and the environment caused by sewage spills, the previous Order required enrollees to develop a rehabilitation and replacement plan that identifies system deficiencies and prioritizes short-term and long-term rehabilitation actions. The previous Order also required enrollees to:

1. Maintain information that can be used to establish and prioritize appropriate Sewer System Management Plan activities; and

2. Implement a proactive approach to reduce spills.

The previous Order required Sewer System Management Plan elements for “the proper and efficient management, operation, and maintenance of sanitary sewer systems, while taking into consideration risk management.”
On July 30, 2013, the State Water Board amended General Order 2006-0003-DWQ with Order WQ 2013-0058-EXEC, Amending Monitoring and Reporting Program for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.

Many enrollees of Order 2006-0003-DWQ have already implemented proactive measures to reduce sewage spills. Other enrollees, however, still need technical assistance and funding to improve sanitary sewer system operation and maintenance for the reduction of sewage spills.

3.1.6. Existing Memorandum of Agreement with California Water Environment Association
The California Water Environment Association is a nonprofit organization dedicated to providing water industry certifications, training, and networking opportunities. The Association’s Technical Certification Program provides accredited sanitary sewer system operator certification for collection system operators and maintenance workers.

On February 10, 2016, the State Water Board entered into a collaborative agreement with the Association titled Memorandum of Agreement Between the California State Water Resources Control Board and the California Water Environment Association - Training Regarding Requirements Set Forth in Statewide General Waste Discharge Requirements for Sanitary Sewer Systems. The Memorandum sets forth collaborative training necessary for regulated sanitary sewer system personnel to operate and maintain a well operating system and ensure full compliance with statewide sewer system regulations.

On March 15, 2018, the State Water Board and the California Water Environment Association amended the existing Memorandum of Agreement to include collaborative outreach and expand training needs associated with further updates to Water Board regulations for sanitary sewer systems. The State Water Board encourages further Agreement updates as necessary to support improved sewer system operations and the professionalism of collection system operators.

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11 3.2. General

3.2.1. Waters of the State
Waters of the State include any surface water or groundwater, including saline waters, within the boundaries of the state as defined in Water Code section 13050(e), and are inclusive of waters of the United States.

3.2.2. Sanitary Sewer System Spill Threats to Public Health and Beneficial Uses Sewage contains high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. Sewage spills may cause a public nuisance, particularly when sewage is discharged to areas with high public exposure such as streets and surface waters used for drinking, irrigation, fishing, recreation, or other public consumption or contact uses.

More specifically, sanitary sewer spills may:
• Adversely affect aquatic life and/or threaten water quality when reaching receiving waters;
• Inadvertently release trash, including plastics;
• Impair the recreational use and aesthetic enjoyment of surface waters by polluting surface water or groundwater;
• Threaten public health through direct public exposure to bacteria, viruses, intestinal parasites, and other microorganisms that can cause serious illness such as gastroenteritis, hepatitis, cryptosporidiosis, and giardiasis; • Negatively impact ecological receptors and biota within surface waters; and • Cause nuisance including odors, closure of beaches and recreational areas, and property damage.

Sanitary sewer system spills may pollute receiving waters and threaten beneficial uses of surface water and groundwater. Potentially threatened beneficial uses include, but are not limited to the following (with associated acronym representations as included in statewide water quality control plans and Regional Water Boards’ Basin Plans):
• Municipal and Domestic Supply (MUN)
• Water Contact Recreation (REC-1) and Non-Contact Water Recreation (REC-2) • Cold Freshwater Habitat (COLD)
• Warm Freshwater Habitat (WARM)
• Native American Culture (CUL)
• Wildlife Habitat (WILD)
• Rare, Threatened, or Endangered Species (RARE)
• Spawning, Reproduction, and/or Early Development (SPWN) • Wetland Habitat (WET)
• Agricultural Supply (AGR)
• Estuarine Habitat (EST)
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12 • Commercial and Sport Fishing (COMM)
• Subsistence Fishing (SUB)
• Tribal Tradition and Culture (CUL)
• Tribal Subsistence Fishing (T-SUB)
• Aquaculture (AQUA)
• Marine Habitat (MAR)
• Preservation of Biological Habitats of Special Significance (BIOL) • Migration of Aquatic Organisms (MIGR)
• Shellfish Harvesting (SHELL)
• Industrial Process Supply (PROC)
• Industrial Service Supply (IND)
• Hydropower Generation (POW)
• Navigation (NAV)
• Flood Peak Attenuation/Flood Water Storage (FLD)
• Water Quality Enhancement (WQE)
• Fresh Water Replenishment (FRSH)
• Groundwater Recharge (GWR)
• Inland Saline Water Habitat (SAL)

3.2.3. Proactive Sanitary Sewer System Management to Eliminate Spill Causes Finding 3 of the previous Order, 2006-0003-DWQ, states: “Sanitary sewer systems experience periodic failures resulting in discharges that may affect waters of the state.

There are many factors (including factors related to geology, design, construction methods and materials, age of the system, population growth, and system operation and maintenance), which affect the likelihood of an SSO [sanitary sewer overflow].

A proactive approach that requires Enrollees to ensure a system-wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state. This approach will in turn decrease the risk to human health and the environment caused by SSOs.”
Many spills are preventable through proactive attention on sanitary sewer system management using the best practices and technologies available to address major causes of spills, including but not limited to:
• Blockages from sources including but not limited to:
o Fats, oils and grease;
o Tree roots;
o Rags, wipes and other paper, cloth and plastic products; and o Sediment and debris.
• Sewer system damage and exceedance of sewer system hydraulic capacity from identified system-specific environmental, and climate-change impacts, including but not limited to:

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13 o Sea level rise impacts including flooding, coastal erosion, seawater intrusion, tidal inundation and submerged lands;
o Increased surface water flows due to higher intensity rain events; o Flooding;
o Wildfires and wildfire induced impacts;
o Earthquake induced damage;
o Landslides; and
o Subsidence.
• Infrastructure deficiencies and failures, including but not limited to:
o Pump station mechanical failures;
o System age;
o Construction material failures;
o Manhole cover failures;
o Structural failures; and
o Lack of proper operation and maintenance.
• Insufficient system capacity (temporary or sustained), due to factors including but not limited to:
o Excessive and/or increased storm or groundwater inflow/infiltration; o Insufficient capacity due to population increase and/or new connections from industrial, commercial and other system users; and
o Stormwater capture projects utilizing a sanitary sewer system to convey stormwater to treatment facilities for reuse.
• Community impacts, including but not limited to:
o Power outages;
o Vandalism; and
o Contractor-caused or other third party-caused damages.

3.2.4. Underground Sanitary Sewer System Leakage
Portions of some sanitary sewer systems may leak, causing underground exfiltration (exiting) of sewage from the system. Exfiltrated sewage that remains in the underground infrastructure trench and/or the soil matrix, and that does not discharge into waters of the State (surface water or groundwater) may not threaten beneficial uses.

Underground exfiltrated sewage may threaten beneficial uses if discharged to waters of the State. Exfiltrated sewage that discharges to groundwater may impact beneficial uses of groundwater and pollute groundwater supply. Additionally, if in close proximity, exfiltrated sewage may enter into a compromised underground drainage conveyance system that discharges into a water of the United States, or into groundwater that is hydrologically connected to (feeds into) a water of the United States, thus potentially causing: (1) a Clean Water Act violation, (2) threat and impact to beneficial uses, and/or (3) surface water pollution.

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14 3.2.5. Proactive Sanitary Sewer System Management to Reduce Inflow and Infiltration Excessive inflow (stormwater entering) and infiltration (groundwater seepage entering) to sanitary sewer systems is preventable through proactive sewer system management using the best practices and technologies available. The efficiency of the downstream wastewater treatment processes is dependent on the performance of the sanitary sewer system. When the structural integrity of a sanitary sewer system deteriorates, high volumes of inflow and infiltration can enter the sewer system. High levels of inflow and infiltration increase the hydraulic load on the downstream treatment plant, which can reduce treatment efficiency, lead to bypassing a portion of the treatment process, cause illegal discharge of partially treated effluent, or in extreme situations make biological treatment facilities inoperable (e.g., wash out the biological organisms that treat the waste).

3.3. Water Quality Control Plans, Policies and Resolutions The nine Regional Water Boards have adopted region-specific water quality control plans (commonly referred to as Basin Plans) that designate beneficial uses, establish water quality objectives, and contain implementation programs and policies to achieve those objectives. The State Water Board has adopted statewide water quality control plans, policies and resolutions establishing statewide water quality objectives, implementation programs and initiatives.

3.3.1. State Water Board Antidegradation Policy
On October 28, 1968, the State Water Board adopted Resolution 68-16, titled Statement of Policy with Respect to Maintaining High Quality of Waters in California, which incorporates the federal antidegradation policy. Resolution 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings.

The continued prohibition of sewage discharges from sanitary sewer systems into waters of the State aligns with Resolution 68-16. A sewage discharge from sanitary sewers to waters of the State is prohibited by this Order. Therefore, this Order does not allow degradation of waters of the State. In addition, this Order: (1) further expands the existing prohibition of sewage discharges to include waters of the State, in addition to waters of the United States as provided in previous Order 2006-0003-DWQ, and (2) enhances the ability for Water Board enforcement of violations of the established prohibitions.

3.3.2. State Water Board Sources of Drinking Water Policy On May 19,1988, the State Water Board adopted Resolution 88-63 (amended on February 1, 2006), titled Sources of Drinking Water, establishing state policy that all waters of the State, with certain exceptions, are suitable or potentially suitable for municipal or domestic supply.

3.3.3. State Water Board Cost of Compliance Resolution
On September 24, 2013, the State Water Board adopted Resolution 2013-0029, titled Directing Actions in Response to Efforts by Stakeholders on Reducing Costs of Redlans Regular Meeting of 09-05-2023
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15 Compliance While Maintaining Water Quality Protection. Through this resolution, the State Water Board committed to continued stakeholder engagement in identifying and implementing measures to reduce costs of compliance with regulatory orders while maintaining water quality protection and improving regulatory program outcomes.

3.3.4. State Water Board Human Right to Water Resolution On February 16, 2016, the State Water Board adopted Resolution 2016-0010, titled Adopting the Human Right to Water as a Core Value and Directing its Implementation in Water Board Programs and Activities, addressing the human right to water as a core value and directing Water Board programs to implement requirements to support safe drinking water for all Californians.

On November 16, 2021, the State Water Board adopted Resolution 2021-0050 titled Condemning Racism, Xenophobia, Bigotry, and Racial Injustice, and Strengthening Commitment to Racial Equity, Diversity, Inclusion, Access, and Anti-racism. Among other actions, through Resolution 2021-0050, the State Water Board, in summary as corresponding to this General Order, reaffirms its commitment to its Human Right to Water resolution, upholding that every human being in California deserves safe, clean, affordable, and accessible water for human consumption, cooking, and sanitation purposes. Resolution 2021-0050 provides the State Water Board commitment to:
• Protect public health and beneficial uses of waterbodies in all communities, including communities disproportionately burdened by wastes discharge of waste to land and surface water;
• Restore impaired surface waterbodies and degraded aquifers; and • Promote multi-benefit water quality projects.

Through Resolution 2021-0050, the State Water Board also commits to expanding implementation of its Climate Change Resolution to address the disproportionate effects of extreme hydrologic conditions and sea-level rise on Black, Indigenous, and people of color communities, prioritizing:
• The right to safe, clean, affordable, and accessible drinking water and sanitation; • Sustainable management and protection of local groundwater resources; • Healthy watersheds; and
• Access to surface waterbodies that support subsistence fishing.

On June 7, 2022, the State Water Board adopted a Resolution, titled Authorizing the Executive Director or Designee to Enter into One or More Multi-Year Contracts Up to a Combined Sum of $4,000,000 for a Statewide Wastewater Needs Assessment, supporting the equitable access to sanitation for all Californians and implementation of Resolutions 2016-0010 and 2021-0050.

This General Order supports the State Water Board priority in collecting a comprehensive set of data for California’s wastewater systems, including sanitary sewer systems. Data reported per the requirements of this Order will be used with data from other Water Boards’ programs, to further develop criteria and create a statewide risk Redlans Regular Meeting of 09-05-2023
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16 framework to prioritize critical funding and infrastructure investments for California’s most vulnerable populations, including disadvantaged or severely disadvantaged communities with inadequate or failing sanitation systems and threatened access to healthy drinking water supplies.

3.3.5. State Water Board Open Data Resolution
On July 10, 2018, the State Water Board adopted Resolution 2018-0032, titled Adopting Principles of Open Data as a Core Value and Directing Programs and Activities to Implement Strategic Actions to Improve Data Accessibility and Associated Innovation, directing regulatory programs to assure all monitoring and reporting requirements support the State Water Boards’ Open Data Initiative.

3.3.6. State Water Board Response to Climate Change
On March 7, 2017, the State Water Board adopted Resolution 2017-0012, titled Comprehensive Response to Climate Change, requiring a proactive response to climate change in all California Water Board actions, with the intent to embed climate change consideration into all programs and activities.

3.4. California Environmental Quality Act
The adoption of this Order is an action to reissue general waste discharge requirements that is exempt from the California Environmental Quality Act (Public Resources Code section 21000 et seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment (Cal. Code Regs., Title 14, section 15308). In addition, the action to adopt this Order is exempt from CEQA pursuant to Cal. Code Regs., Title 14, section 15301, to the extent that it applies to existing sanitary sewer collection systems that constitute “existing facilities” as that term is used in sections 15301 and 15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity.

3.5. State Water Board Funding Assistance for Compliance with Water Board Water Quality Orders
The State Water Board, Division of Financial Assistance administers the implementation of the State Water Board financial assistance programs, per Board-adopted funding policies. Among other funding areas, the Division administers loan and grant funding for the planning and construction of wastewater and water recycling facilities per funding program-specific policies and guidelines. Applicants may apply for Clean Water State Revolving Fund low-interest loan, Small Community Wastewater grant funding assistance, and other funding available at the time of application, for some of the costs associated with complying with this General Order.

Funding applicants may obtain further information regarding current funding opportunities, and Division of Financial Assistance staff contact information at the following website: Financial Assistance Funding - Grants and Loans | California State Water Resources Control Board.
(https://www.waterboards.ca.gov/water_issues/programs/grants_loans/) Redlans Regular Meeting of 09-05-2023
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ORDER 2022-0103-DWQ December 6, 2022
17 Section 13477.6 of the Water Code authorizes the Small Community Grant Fund.

The Small Community Grant Fund allows the State Water Board to provide grant funding assistance to small, disadvantaged communities and small severely disadvantaged communities that may not otherwise be able to afford a loan or similar financing for projects to comply with requirements of this General Order. The State Water Board also considers loan forgiveness on a disadvantaged community-specific basis.

For disadvantaged communities’ wastewater needs, the State Water Board places priority on the funding of projects that address:
• Public health;
• Violations of waste discharge requirements and National Pollutant Discharge Elimination System (NPDES) permits;
• Providing sewer system service to existing septic tank owners; and • High priority public health and water quality concerns identified by a Regional Water Board.

3.6. Notification to Interested Parties
On January 31, 2022, the State Water Board notified interested parties and persons of its intent to reissue Sanitary Sewer Systems General Order 2006-0003-DWQ by issuing a draft General Order for a 60-day public comment period. State Water Board staff conducted extensive stakeholder outreach and encouraged public participation in the adoption process for this General Order. On March 15, 2022, the State Water Board held a public meeting to hear and consider oral public comments. The State Water Board considered all public comments prior to adopting this General Order.

THEREFORE, IT IS HEREBY ORDERED, that pursuant to Water Code sections 13263, 13267, and 13383 this General Order supersedes Order 2006-0003-DWQ, Order WQ 2013-0058-EXEC, and any amendments made to these Orders thereafter, except for enforcement purposes and to meet the provisions contained in Division 7 of the Water Code (commencing with section 13000) and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, the Enrollee shall comply with the requirements in this Order.

4. PROHIBITIONS

4.1 Discharge of Sewage from a Sanitary Sewer System
Any discharge from a sanitary sewer system that has the potential to discharge to surface waters of the State is prohibited unless it is promptly cleaned up and reported as required in this General Order.

4.2. Discharge of Sewage to Waters of the State
Any discharge from a sanitary sewer system, discharged directly or indirectly through a drainage conveyance system or other route, to waters of the State is prohibited.

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ORDER 2022-0103-DWQ December 6, 2022
18 4.3. Discharge of Sewage Creating a Nuisance
Any discharge from a sanitary sewer system that creates a nuisance or condition of pollution as defined in Water Code section 13050(m) is prohibited.

5. SPECIFICATIONS

5.1. Designation of a Legally Responsible Official
The Enrollee shall designate a Legally Responsible Official that has authority to ensure the enrolled sanitary sewer system(s) complies with this Order, and is authorized to serve as a duly authorized representative. The Legally Responsible Official must have responsibility over management of the Enrollee’s entire sanitary sewer system, and must be authorized to make managerial decisions that govern the operation of the sanitary sewer system, including having the explicit or implicit duty of making major capital improvement recommendations to ensure long-term environmental compliance.

The Legally Responsible Official must have or have direct authority over individuals that:
• Possess a recognized degree or certificate related to operations and maintenance of sanitary sewer systems, and/or
• Have professional training and experience related to the management of sanitary sewer systems, demonstrated through extensive knowledge, training and experience.

For example, a sewer system superintendent or manager, an operations manager, a public utilities manager or director, or a district engineer may be designated as a Legally Responsible Official.

The Legally Responsible Official shall complete the electronic CIWQS “User Registration” form (https://ciwqs.waterboards.ca.gov/ciwqs/newUser.jsp). A Legally Responsible Official that represents multiple enrolled systems shall complete the electronic CIWQS “User Registration” form for each system.

The Enrollee shall submit any change to its Legally Responsible Official, and/or change in contact information, to the State Water Board within 30 calendar days of the change by emailing [email protected] and copying the appropriate Regional Water Board as provided in Attachment F (Regional Water Quality Control Board Contact Information) of this General Order.

5.2. Sewer System Management Plan Development and Implementation To facilitate adequate local funding and management of its sanitary sewer system(s), the Enrollee shall develop and implement an updated Sewer System Management Plan.

The scale and complexity of the Sewer System Management Plan, and specific elements of the Plan, must match the size, scale and complexity of the Enrollee’s sanitary sewer system(s). The Sewer System Management Plan must address, at minimum, the required Plan elements in Attachment D (Sewer System Management Plan – Required Elements) of this General Order. To be effective, the Sewer System Management Plan must include procedures for the management, operation, and maintenance of the sanitary sewer system(s). The procedures must: (1) incorporate the Redlans Regular Meeting of 09-05-2023
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19 prioritization of system repairs and maintenance to proactively prevent spills, and (2) address the implementation of current standard industry practices through available equipment, technologies, and strategies.

For an existing Enrollee under Order 2006-0003-DWQ that has certified its Continuation of Existing Regulatory Coverage, per section 2.1 (Requirements for Continuation of Existing Regulatory Coverage) of this General Order:

Within six (6) months of the Adoption Date of this General Order:
• The Legally Responsible Official shall upload the Enrollee’s existing Sewer System Management Plan to the online CIWQS Sanitary Sewer System Database.

For a new Enrollee:

Within twelve (12) months of the Application for Enrollment approval date:
• The governing entity of the new Enrollee shall approve its Sewer System Management Plan; and
• The Legally Responsible Official shall certify and upload its Sewer System Management Plan to the online CIWQS Sanitary Sewer System Database.

5.3. Certification of Sewer System Management Plan and Plan Updates The Legally Responsible Official shall certify and upload its Sewer System Management Plan and all subsequent updates to the online CIWQS Sanitary Sewer System Database.

5.4. Sewer System Management Plan Audits
The Enrollee shall conduct an internal audit of its Sewer System Management Plan, and implementation of its Plan, at a minimum frequency of once every three years. The audit must be conducted for the period after the end of the Enrollee’s last required audit period. Within six months after the end of the required 3-year audit period, the Legally Responsible Official shall submit an audit report into the online CIWQS Sanitary Sewer System Database per the requirements in section 3.10 (Sewer System Management Plan Audit Reporting Requirements) of Attachment E1 of this General Order.

Audit reports submitted to the CIWQS Sanitary Sewer System Database will be viewable only to Water Boards staff.

The internal audit shall be appropriately scaled to the size of the system(s) and the number of spills. The Enrollee’s sewer system operators must be involved in completing the audit. At minimum, the audit must:
• Evaluate the implementation and effectiveness of the Enrollee’s Sewer System Management Plan in preventing spills;
• Evaluate the Enrollee’s compliance with this General Order; • Identify Sewer System Management Plan deficiencies in addressing ongoing spills and discharges to waters of the State; and
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20 • Identify necessary modifications to the Sewer System Management Plan to correct deficiencies.

The Enrollee shall submit a complete audit report that includes:
• Audit findings and recommended corrective actions;
• A statement that sewer system operators’ input on the audit findings has been considered; and
• A proposed schedule for the Enrollee to address the identified deficiencies.

A new Enrollee of this General Order (that did not have a sanitary sewer system enrolled in the previous State Water Board Order 2006-0003-DWQ) shall conduct its first internal Sewer System Management Plan audit for the time period between the date of submittal of its certified Sewer System Management Plan and the third subsequent December 31st date. The audit report must be submitted into the online CIWQS Sanitary Sewer System Database by July 1 of the following calendar year.

See the following tables for clarification:

Initial Audit Period and Audit Due Date for New Enrollees Audit Period Audit Due Date
New Enrollee
Certified Sewer System Management
Plan Submittal Date
through
the third subsequent December 31st date
July 1st date after
audit period
Example
Certified Sewer System Management
Plan Submittal Date of August 2, 2025
Audit Period of August 2, 2025 through
December 31, 2027
July 1, 2028
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ORDER 2022-0103-DWQ December 6, 2022
21 Initial Audit Period for Transition from 2-Year Audit Required in Previous Order 2006-0003-DWQ to 3-Year Audit Required in this General Order Audit Period Audit Due Date
An Enrollee
previously
regulated by Order
2006-003-DWQ
A 3-year period starting from the end of
last required 2-year Audit Period
Within six months
after end of 3-year
Audit Period
Example
Last required Audit Period start date of
August 2, 2021;
Audit Period of August 2, 2021 through
August 1, 2024
February 1, 2025
Three-Year Ongoing Audit Period
Audit Period Audit Due Date
Each Enrollee A 3-year period starting from the end of
last required Audit Period
Within six months
after end of 3-year
Audit Period

5.5. Six-Year Sewer System Management Plan Update
At a minimum, the Enrollee shall update its Sewer System Management Plan every six (6) years after the date of its last Plan Update due date. (For an Enrollee previously regulated by Order 2006-0003-DWQ, the six-year period shall commence on the due date identified in section 3.11 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this Order. The Updated Sewer System Management Plan must include:
• Elements required in Attachment D (Sewer System Management Plan – Required Elements) of this Order;
• Summary of revisions included in the Plan update based on internal audit findings; and
• Other sewer system management-related changes.

The Enrollee’s governing entity shall approve the updated Plan. The Legally Responsible Official shall upload and certify the approved updated Plan in the online CIWQS Sanitary Sewer System Database in accordance with section 3.11 (Sewer System Management Plan Reporting Requirements) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order. During the time period in between Plan updates, the Enrollee shall continuously document changes to its Sewer System Management Plan in a change log attached to the Plan.

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ORDER 2022-0103-DWQ December 6, 2022
22 5.6. System Resilience
The Enrollee shall include and implement system-specific procedures in its Sewer System Management Plan to proactively prioritize: (1) operation and maintenance, (2) condition assessments, and (3) repair and rehabilitation, to address ongoing system resilience, as specified in Attachment D (Sewer System Management Plan – Required Elements) of this General Order.

5.7. Allocation of Resources
The Enrollee shall:
• Establish and maintain a means to manage all necessary revenues and expenditures related to the sanitary sewer system; and
• Allocate the necessary resources to its sewer system management program for:
o Compliance with this General Order,
o Full implementation of its updated Sewer System Management Plan, o System operation, maintenance, and repair, and
o Spill responses.

5.8. Designation of Data Submitters
The Legally Responsible Official may designate one or more individuals as a Data Submitter for reporting of spill data. The Legally Responsible Official shall authorize the designation of Data Submitter(s) through the online CIWQS database (https://ciwqs.waterboards.ca.gov) prior to the individuals establishing a CIWQS user account (https://ciwqs.waterboards.ca.gov/ciwqs/newUser.jsp) and entering spill data into the online CIWQS Sanitary Sewer System Database.

The Legally Responsible Official shall submit any change to its Data Submitter(s), and/or change in Data Submitter contact information, to the State Water Board within 30 calendar days of the change, by emailing [email protected] and copying the appropriate Regional Water Board as provided in Attachment F (Regional Water Quality Control Board Contact Information) of this General Order.

5.9. Reporting Certification
The Legally Responsible Official shall electronically certify, on the Enrollee’s behalf, all applications, reports, the Sewer System Management Plan(s) and corresponding updates, and other information submitted electronically into the online CIWQS Sanitary Sewer System Database, as follows:
“I certify under penalty of perjury under the laws of the State of California that the electronically submitted information was prepared under my direction or supervision.

Based on my inquiry of the person(s) directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete, and complies with the Statewide Sanitary Sewer Systems General Order.

I am aware that there are significant penalties for submitting false information.” Redlans Regular Meeting of 09-05-2023
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23 Hardcopy submittals to the State Water Board must be accompanied by the above certification statement.

5.10. System Capacity
The Enrollee shall maintain the system capacity necessary to convey: (1) base flows during dry weather conditions, and (2) wet weather peak flows consistent with designated local historic storms. Design storms must take into account system-specific stormwater contributions via inflow and infiltration, and location-specific depth of groundwater and storm frequencies. The Enrollee shall implement capital improvements to provide adequate hydraulic capacity to:
• Meet or exceed the design criteria as defined in the Enrollee’s System Evaluation and Capacity Assurance element of its Sewer System Management Plan; and • Prevent system capacity-related spills, and adverse impacts to the treatment efficiency of downstream wastewater treatment facilities.

5.11. System Performance Analysis
The Enrollee shall include a running 10-year system performance analysis in its Annual Report. The analysis must include two CIWQS-generated graphs presenting the following information:

Graph 1 – Total Spill Volume per Year:

X axis: A 10-year period which includes the current calendar year and the nine previous calendar years;
Y axis: The total spill volume, per Spill Category, for each calendar year.

Graph 2 – Total Number of Spills per Year:

X axis: A 10-year period which includes the current calendar year and the nine previous calendar years;
Y axis: The total number of spills, per Spill Category, for each calendar year.

The current calendar year is the calendar year covered in the Annual Report.

The Enrollee shall generate the graphs in CIWQS, using the existing data in the online CIWQS Sanitary Sewer System Database at the following graph generation link:
(https://ciwqs.waterboards.ca.gov/ciwqs/readOnly/PublicReportSSOServlet?reportActio n=criteria&reportId=sso_operation_report).

5.12. Spill Emergency Response Plan and Remedial Actions For Existing Enrollees (with regulatory coverage under Order 2006-0003-DWQ):

Within six (6) months of the Adoption Date of this General Order, the Enrollee shall update and implement its Spill Emergency Response Plan, per Attachment D, section 6 (Spill Emergency Response Plan) of this General Order.

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ORDER 2022-0103-DWQ December 6, 2022
24 For New Enrollees:

Within six (6) months of the Application for Enrollment approval date, the Enrollee shall develop and implement a Spill Emergency Response Plan, per Attachment D, section 6 (Spill Emergency Response Plan) of this General Order.

The Enrollee shall certify, in its Annual Report, that its Spill Emergency Response Plan is up to date.

The Spill Emergency Response Plan shall include measures to protect public health and the environment. The Enrollee shall respond to spills from its system(s) in a timely manner that minimizes water quality impacts and nuisance by:
• Immediately stopping the spill and preventing/minimizing a discharge to waters of the State;
• Intercepting sewage flows to prevent/minimize spill volume discharged into waters of the State;
• Thoroughly recovering, cleaning up and disposing of sewage and wash down water; and
• Cleaning publicly accessible areas while preventing toxic discharges to waters of the State.

5.13. Notification, Monitoring, Reporting and Recordkeeping Requirements The Enrollee shall comply with notification, monitoring, reporting, and recordkeeping requirements in Attachment E1 of this General Order.

5.13.1. Spill Categories
Individual spill notification, monitoring and reporting must be in accordance with the following spill categories:
• Category 1 Spill
A Category 1 spill is a spill of any volume of sewage from or caused by a sanitary sewer system regulated under this General Order that results in a discharge to:
o A surface water, including a surface water body that contains no flow or volume of water; or
o A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.

Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.

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ORDER 2022-0103-DWQ December 6, 2022
25 A spill from an Enrollee-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the Enrollee shall report all Category 1 spills per section

3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
• Category 2 Spill
A Category 2 spill is a spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.

A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill. • Category 3 Spill
A Category 3 spill is a spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.

A spill of equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill.
• Category 4 Spill
A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.

A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.

5.13.2. Annual Report
The Enrollee shall submit an Annual Report (previously termed as Collection System Questionnaire in Order 2006-0003-DWQ) as specified in section 3.9 (Annual Report) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.

For new Enrollees: Within 30 days of obtaining a CIWQS account, a new Enrollee shall submit its initial Annual Report, as specified in section 3.9 (Annual Report) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.

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ORDER 2022-0103-DWQ December 6, 2022
26 5.14. Electronic Sanitary Sewer System Service Area Boundary Map For continuing enrollees, starting on July 1, 2025, and no later than December 31, 2025:

For new enrollees – no earlier than July 1, 2025, or within 12 months of the Application for Enrollment approval date, whichever date is later:

The Legally Responsible Official shall submit, to the State Water Board, geospatial data detailing the locations of the Enrollee’s sanitary sewer system service area boundary, per the required content and specifications in section 3.8 (Electronic Sanitary Sewer System Service Area Boundary Map) of Attachment E1 of this General Order, for each system identified by a WDID number.

An Enrollee of a disadvantaged community that may need assistance developing an electronic map to comply with this requirement, may contact State Water Board staff for assistance at [email protected].

5.15. Voluntary Reporting of Spills from Privately-Owned Sewer Laterals and/or Private Sanitary Sewer Systems
Within 24 hours of becoming aware of a spill (as described below) from a private sewer lateral or private sanitary sewer system that is not owned/operated by the Enrollee, the Enrollee is encouraged to report the following observations to the online CIWQS Sanitary Sewer System Database at the following link:
https://ciwqs.waterboards.ca.gov:
• A spill equal or greater than 1,000 gallons that discharges (or has a potential to discharge) to a water of the State, or a drainage conveyance system that discharges to waters of the State; or
• Any volume of sewage that discharges (or has a potential to discharge) to surface waters.

In the CIWQS module, the Enrollee is encouraged to identify:
• Time of observation;
• Description of general spill location (for example, street name and cross street names);
• Estimated volume of spill;
• If known, general description of spill destination (for example, flowing into drainage channel, flowing directly into a creek, etc.); and
• If known, name of private system owner/operator.

The CIWQS database will make the name and contact information of the entity voluntarily reporting a private spill, accessible to State and Regional Water Board staff only. The CIWQS database will only make information regarding the actual spill, accessible to the public.

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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER

ORDER 2022-0103-DWQ December 6, 2022
27 5.16. Voluntary Notification of Spills from Privately-Owned Laterals and/or Systems to the California Office of Emergency Services
Upon observing or acquiring knowledge of any of the following from a private sewer lateral or private sanitary sewer system that is not owned/operated by the Enrollee, the Enrollee is encouraged to notify the California Office of Emergency Services (as provided by Health and Safety Code section 5410 et. seq. and Water Code section 13271), or inform the responsible party that State law requires such notification to the Office of Emergency Services by any person that causes or allows a sewage discharge to waters of the State:
• A spill equal to 1,000 gallons or more that discharges (or has a potential to discharge) to waters of the State, or a drainage conveyance system that discharges to waters of the State; or
• A spill of any volume to surface waters.

5.17. Unintended Failure to Report
If an Enrollee becomes aware that they unintentionally failed to submit relevant facts in any report required in this General Order, the Enrollee shall promptly notify Regional Water Board and State Water Board staff. Regional Water Board contact information is included in Attachment F of this Order. State Water Board staff shall be contacted by email at [email protected] for assistance in formally amending the corresponding report(s) in the online CIWQS Sanitary Sewer System Database.

5.18. Duty to Report to Water Boards
In accordance with Water Code section 13267 and/or section 13383, upon request by the State Water Board Executive Director (or designee) or a Regional Water Board Executive Officer (or designee), the Enrollee shall provide the requested information which the State or Regional Water Board deems necessary to determine compliance with this General Order.

5.19. Operation and Maintenance
To prevent discharges to the environment, the Enrollee shall maintain in good working order, and operate as designed, any facility or treatment and control system designed to contain sewage and convey it to a treatment plant.

6. PROVISIONS

6.1. Enforcement Provisions
The following enforcement provisions are based on existing federal and state regulations, laws and policies, including the federal Clean Water Act, the state Water Code and the State Water Board Enforcement Policy.

6.1.1. Enforceability of Clean Water Act and Water Code Violations Noncompliance with requirements of this General Order or discharging sewage without enrolling in this General Order constitutes a violation of the Water Code and a potential Redlans Regular Meeting of 09-05-2023
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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER

ORDER 2022-0103-DWQ December 6, 2022
28 violation of the Clean Water Act and is grounds for an enforcement action by the State Water Board or the applicable Regional Water Board. Failure to comply with the notification, monitoring, inspection, entry, reporting, and recordkeeping requirements may subject the Enrollee to administrative civil liabilities of up to $10,000 a day per violation pursuant to Water Code section 13385; up to $1,000 a day per violation pursuant to Water Code section 13268; or referral to the Attorney General for judicial civil enforcement. Discharging waste not in compliance with the requirements of this General Order or the Clean Water Act may subject the Enrollee to administrative civil liabilities up to $10,000 a day per violation and additional liability up to $10 per gallon of discharge not cleaned up after the first 1,000 gallons of discharge; up to $5,000 a day per violation pursuant to Water Code section 13350 or up to $20 per gallon of waste discharged; or referral to the Attorney General for judicial civil enforcement.

6.1.2. Monetary Penalties
The Water Code provides the State and Regional Water Boards the authority to pursue formal enforcement actions, including imposing administrative liability and civil monetary penalties, for non-compliance with the requirements of this General Order and violations of the Clean Water Act.

6.1.3. Falsifying or Failure to Report
The Water Code provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this General Order, or falsifying any information provided in the technical or monitoring reports is subject to administrative liability and civil monetary penalties. Any person who knowingly fails or refuses to furnish technical or monitoring program reports or falsifies any information provided in reports required by this General Order is subject to criminal penalties.

6.1.4. Severability of General Order
The provisions of this General Order are severable; if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this Order shall not be affected thereby.

6.1.5. Indirect Discharges
In the event that a spill enters into a drainage conveyance system, the Enrollee shall take all feasible steps to prevent discharge of sewage into waters of the State by blocking or redirecting the flow in the drainage conveyance system, removing the sewage from the drainage conveyance system, and cleaning the system in a manner that does not inadvertently impact beneficial uses of the receiving water body.

6.1.6. Water Boards’ Considerations for Discretionary Enforcement Consistent with the State Water Board Enforcement Policy, when considering Water Code section 13327 factors, the State Water Board or a Regional Water Board may consider the Enrollee’s efforts to contain, control, clean up, and mitigate spills. In assessing the factors, the State Water Board or the applicable Regional Water Board will consider:

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ORDER 2022-0103-DWQ December 6, 2022
29 • The Enrollee’s compliance with this General Order with a focus on compliance with reporting requirements;
• The Enrollee’s provision of adequate funding to implement the requirements of this General Order;
• The Enrollee’s compliance with providing a complete and updated Sewer System Management Plan;
• The Enrollee’s compliance with implementing its Sewer System Management Plan; • The overall effectiveness of the Enrollee’s Sewer System Management Plan with respect to:
o System management, operation, and maintenance,
o Adequate treatment facilities, sanitary sewer system facilities, and/or components with an appropriate design capacity, to reasonably prevent spills (e.g. adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow, etc.),
o Preventive maintenance (including cleaning, root grinding, and fats, oils, and grease control) and source control measures,
o Implementation of backup equipment,
o Inflow and infiltration prevention and control,
o Appropriate sanitary sewer system capacity to prevent spills, and o The Enrollee’s responsiveness to stop and mitigate the impact of the discharge; • The Enrollee’s compliance with identifying the cause of the spill; • The Enrollee’s use of available information and observations to accurately estimate the spill volume and identify the affected or potentially affected receiving waters; • The Enrollee’s thoroughness of cleaning up sewage in drainage conveyance systems after the spill(s);
• The Enrollee’s use of water quality and biological monitoring and assessment to determine the short-term and long-term impacts to beneficial uses and the environment;
• The Enrollee’s follow up actions to improve system performance; • The Enrollee’s implementation of feasible alternatives to prevent spills, such as:
o Use of temporary storage or waste retention,
o Reduction of system inflow and infiltration,
o Collection and hauling of waste to a treatment facility, o Prevention of and/ or containment of spills due to a design storm event identified in the Enrollee’s Sewer System Management Plan,
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ORDER 2022-0103-DWQ December 6, 2022
30 o Implementation of available equipment, technologies, strategies, and recommended industry practices for maintaining and managing sewer systems to prevent spills, and contain and eliminate discharges to waters of the State; and • The spill duration and factors beyond the reasonable control of the Enrollee causing the event.

6.1.7. Enforcement Discretion Based on Reporting Compliance Consistent with the State Water Board Enforcement Policy, the State Water Board or a Regional Water Board may consider the Enrollee’s efforts to comply with spill reporting requirements when determining compliance with Water Code section 13267 and section 13383. When assessing Water Code section 13227 factors, the State Water Board or the applicable Regional Water Board will consider:
• The Enrollee’s diligence to comply with all reporting requirements in this General Order;
• The use of best available information for the Enrollee’s reporting of spill start date and start time in which the release of sewage from the sanitary sewer system initiated;
• The Enrollee’s reporting of spill end date, and end time to be the date and time in which the release of sewage from the sanitary sewer system was stopped; • The Enrollee’s diligence to accurately estimate and report spill volumes; • The Enrollee’s subsequent verification and/or updates to initial Draft Spill Reports in accordance with this General Order; and
• The Enrollee’s timely certification of required spill reports.

Consistent with Water Code section 13267 and section 13383, the State Water Board or a Regional Water Board may require an Enrollee to report the results of a condition assessment of a specified portion of the Enrollee’s sanitary sewer system.

6.2. Other Regional Water Board Orders
It is the intent of the State Water Board that sanitary sewer systems be regulated in a manner consistent with federal and state regulations. This Order will not be interpreted or applied:
• In a manner inconsistent with the federal Clean Water Act; • To authorize a spill or discharge that is illegal under either the Clean Water Act, the Water Code, and/or an applicable Basin Plan prohibition or water quality standard; • To prohibit a Regional Water Board from issuing an individual National Pollutant Discharge Elimination System (NPDES) permit or individual waste discharge requirements superseding an Enrollee’s regulatory coverage under this General Order for a sanitary sewer system authorized under the Clean Water Act or Water Code;
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ORDER 2022-0103-DWQ December 6, 2022
31 • To supersede any more specific or more stringent waste discharge requirements or enforcement orders issued by a Regional Water Board; or • To supersede any more specific or more stringent state or federal requirements in existing regulation, an administrative/judicial order, or Consent Decree.

6.3. Sewer System Management Plan Availability
The Enrollee’s updated Sewer System Management Plan must be maintained for public inspection at the Enrollee’s offices and facilities and must be available to the public through CIWQS and/or on the Enrollee’s website, in accordance with section 3.8 (Sewer System Management Plan Reporting Requirements) of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.

6.4. Entry and Inspection

6.4.1. Entry and Availability of Information
The Enrollee shall allow State and Regional Water Board staff, upon presentation of credentials and other documents as may be required by law, to:
• Enter upon the Enrollee’s premises where a regulated facility or activity is located or conducted, or where records are kept under the requirements of this General Order; • Have access to and reproduce any records required to be maintained by this General Order;
• Inspect any facility and/or equipment (including monitoring and control equipment), practices, or operations required in this General Order; and • Sample or monitor substances or parameters for assuring compliance with this General Order, or as otherwise authorized by the Water Code.

6.4.2. Pre-Inspection Questionnaire
The Enrollee shall provide pre-inspection information to State and Regional Water Board staff through the completion of a Pre-Inspection Questionnaire provided by Water Board staff.

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ATTACHMENT A – DEFINITIONS December 6, 2022 A - 1

ATTACHMENT A - DEFINITIONS
Annual Report
An Annual Report (previously termed as Collection System Questionnaire in Order 2006-0003-DWQ) is a mandatory report in which the Enrollee provides a calendar-year update of its efforts to prevent spills.

Basin Plan
A Basin Plan is a water quality control plan specific to a Regional Water Quality Control Board (Regional Water Board), that serves as regulations to: (1) define and designate beneficial uses of surface and groundwaters, (2) establish water quality objectives for protection of beneficial uses, and (3) provide implementation measures.

Beneficial Uses
The term “Beneficial Uses” is a Water Code term, defined as the uses of the waters of the State that may be protected against water quality degradation. Examples of beneficial uses include but are not limited to, municipal, domestic, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.

California Integrated Water Quality System (CIWQS)
CIWQS is the statewide database that provides for mandatory electronic reporting as required in State and Regional Water Board-issued waste discharge requirements.

Data Submitter
A Data Submitter is an individual designated and authorized by the Enrollee’s Legally Responsible Official to enter spill data into the online CIWQS Sanitary Sewer System Database. A Data Submitter does not have the authority of a Legally Responsible Official to certify reporting entered into the online CIWQS Sanitary Sewer System Database.

Disadvantaged Community
A disadvantaged community is a community with a median household income of less than eighty percent (80%) of the statewide annual median household income.

For the purpose of this General Order, there is no differentiation between a small and large disadvantaged community.

Drainage Conveyance System
A drainage conveyance system is a publicly- or privately-owned separate storm sewer system, including but not limited to drainage canals, channels, pipelines, pump stations, detention basins, infiltration basins/facilities, or other facilities constructed to transport stormwater and non-stormwater flows.

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ATTACHMENT A – DEFINITIONS December 6, 2022 A - 2
Enrollee
An Enrollee is a public, private, or other non-governmental entity that has obtained approval for regulatory coverage under this General Order, including:
• A state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems:
• greater than one (1) mile in length (each individual sanitary sewer system); • one mile or less in length where the State Water Resources Control Board or a Regional Water Quality Control Board requires regulatory coverage under this Order, or • A federal agency, private company, or other non-governmental entity that owns and/or operates a sanitary sewer system of any size where the State Water Resources Control Board or a Regional Water Quality Control Board requires regulatory coverage under this Order in response to a history of spills, proximity to surface water, or other factors supporting regulatory coverage.

Environmentally Sensitive Area
An environmentally sensitive area is a designated agricultural and/or wildlife area identified to need special natural landscape protection due to its wildlife or historical value.

Exfiltration
Exfiltration is the underground exiting of sewage from a sanitary sewer system through cracks, offset or separated joints, or failed infrastructure due to corrosion or other factors.

Flood Control Channel
A flood control channel is a channel used to convey stormwater and non-stormwater flows through and from areas for flood management purposes.

Governing Entity
A governing entity includes but is not limited to the following:
• A publicly elected governing board, council, or commission of a municipal agency; • A Department or Division director of a federal or state agency that is not governed by a board;
• A governing board or commission of an organization or association; and • A private system owner/manager that is not governed by a board.

Hydrologically Connected
Two waterbodies are hydrologically connected when one waterbody flows, or has the potential to flow, into the other waterbody. For the purpose of this General Order, groundwater is hydrologically connected to a surface water when the
groundwater feeds into the surface water. (The surface
waterbody in this example is termed a gaining stream as it gains flow from surrounding groundwater.)
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ATTACHMENT A – DEFINITIONS December 6, 2022 A - 3
Lateral (including Lower and Upper Lateral)
A lateral is an underground segment of smaller diameter pipe that transports sewage from a customer’s building or property (residential, commercial, or industrial) to the Enrollee’s main sewer line in a street or easement. Upper and lower lateral boundary definitions are subject to local jurisdictional codes and ordinances, or private system ownership.

A lower lateral is the portion of the lateral located between the sanitary sewer system main, and either the property line, sewer clean out, curb line, established utility easement boundary, or other jurisdictional locations.

An upper lateral is the portion of the lateral from the property line, sewer clean out, curb line, established utility easement boundary, or other jurisdictional locations, to the building or property.

Legally Responsible Official
A Legally Responsible Official is an official representative, designated by the Enrollee, with authority to sign and certify submitted information and documents required by this General Order.

Nuisance
For the purpose of this General Order, a nuisance, as defined in Water Code section 13050(m), is anything that meets all of the following requirements:
• Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; • Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and
• Occurs during, or as a result of, the treatment or disposal of wastes.

Private Sewer Lateral
A private sewer lateral is the privately-owned lateral that transports sewage from private property(ies) into a sanitary sewer system.

Private Sanitary Sewer System
A private sanitary sewer system is a sanitary sewer system of any size that is owned and/or operated by a private individual, company, corporation, or organization. A private sanitary sewer system may or may not connect into a publicly owned sanitary sewer system.

Potential to Discharge, Potential Discharge
Potential to Discharge, or Potential Discharge, means any exiting of sewage from a sanitary sewer system which can reasonably be expected to discharge into a water of the State based on the size of the sewage spill, proximity to a drainage conveyance system, and the nature of the surrounding environment.

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ATTACHMENT A – DEFINITIONS December 6, 2022 A - 4
Receiving Water
A receiving water is a water of the State that receives a discharge of waste.

Resilience
Resilience is the ability to recover from or adjust to adversity or change, and grow from disruptions. Resilience can be built through planning, preparing for, mitigating, and adapting to changing conditions.

Sanitary Sewer System
A sanitary sewer system is a system that is designed to convey sewage, including but not limited to, pipes, manholes, pump stations, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks, including:
• Laterals owned and/or operated by the Enrollee;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.

For purpose of this Order, sanitary sewer systems include only systems owned and/or operated by the Enrollee.

Satellite Sewer System
A satellite sewer system is a portion of a sanitary sewer system owned or operated by a different owner than the owner of the downstream wastewater treatment facility ultimately treating the sewage.

Sewer System Management Plan
A sewer system management plan is a living document an Enrollee develops and implements to effectively manage its sanitary sewer system(s) in accordance with this General Order.

Sewage
Sewage, and its associated wastewater, is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.

Spill
A spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Exfiltration of sewage is not considered to be a spill under this General Order if the exfiltrated sewage remains in the subsurface and does not reach a surface water of the State.

Training
Training is in-house or external education and guidance needed that provides the knowledge, skills, and abilities to comply with this General Order.

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ATTACHMENT A – DEFINITIONS December 6, 2022 A - 5
Wash Down Water
Wash down water is water used to clean a spill area.

Waste
Waste, as defined in Water Code section 13050(d), includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

Waste Discharge Identification Number (WDID)
A waste discharge identification number (WDID) identifies each individual sanitary sewer system enrolled under this General Order. A WDID number is assigned to each enrolled system upon an Enrollee’s approved regulatory coverage.

Waters of the State
Waters of the State are surface waters or groundwater within boundaries of the state as defined in Water Code section 13050(e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions.

Waters of the State include waters of the United States.

Waters of the United States
Waters of the United States are surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act.

Water Quality Objective
A water quality objective is the limit or maximum amount of pollutant, waste constituent or characteristic, or parameter level established in statewide water quality control plans and Regional Water Boards’ Basin Plans, for the reasonable protection of beneficial uses of surface waters and groundwater and the prevention of nuisance.

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ATTACHMENT B – APPLICATION FOR ENROLLMENT December 6, 2022 B - 1
ATTACHMENT B – APPLICATION FOR ENROLLMENT

1. Enrollment Status: (Mark only one item)
☐ New Enrollee
☐ New Enrollee with previous regulatory coverage under Order 2006-0003-DWQ (that failed to certify continuation of coverage in CIWQS per Order 2022-XXXX-DWQ) Existing WDID Number: __________________________________________________

2. Applicant Information:

Legally Responsible Official Submitting Application
First and Last Name: ____________________________________________________ Title: _________________________________________________________________ Phone: _______________________________________________________________ Email: ________________________________________________________________ System Owner/Operator Name: ______________________________________________ Mailing Address: ________________________________________________________ City, State, Zip: _________________________________________________________ County: _______________________________________________________________ Sanitary Sewer System Name: ____________________________________________ Regional Water Quality Control Board(s): ____________________________________ Signature and Date: _____________________________________________________

3. Applicant Type (Check one):
☐ City ☐ County ☐ State ☐ Federal ☐ Special District
☐ Government Combination ☐ Private ☐ Other Non-governmental Entity

4. Wastewater Treatment Plant Receiving Sanitary Sewer System Waste:

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ATTACHMENT B – APPLICATION FOR ENROLLMENT December 6, 2022 B - 2

5. Billing Information
Billing Address: ___________________________________________________________ City, State, Zip: ___________________________________________________________ Billing Contact Person and Title: ______________________________________________ Phone and Email Address: __________________________________________________

6. Application Fee:

The application fee, as required by Water Code section 13260, is based on the daily population served by the sanitary sewer system. See updated Fee Schedule. (https://www.waterboards.ca.gov/resources/fees/water_quality/) Check one of the following and enter fee amount:
☐ Population Served < 50,000 – Total Fee submitted: $ ___________ ☐ Population Served ≥ 50,000 – Total Fee submitted: $ ___________ Make the fee payment payable to the State Water Resources Control Board and mail the complete application package to:

State Water Resources Control Board, Accounting Office
P. O. Box 1888
Sacramento, CA 95812-1888
Attention: Statewide Sanitary Sewer System Program

7. Application Submittal Certification
I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge and belief, the information in the submitted application package is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment.

Print Name: ______________________________________________________________ Title: ___________________________________________________________________ Signature: __________________________________________ Date: ________________ Redlans Regular Meeting of 09-05-2023
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ATTACHMENT C – NOTICE OF TERMINATION December 6, 2022
C - 1

ATTACHMENT C - NOTICE OF TERMINATION

1. Enrollee Information
Enrollee Name: ___________________________________________________________ WDID No: ________________________________________________________________ Legally Responsible Official Requesting Termination of Coverage: ___________________ First and Last Name: ____________________________________________________ Title: _________________________________________________________________ Phone: _______________________________________________________________ Email: ________________________________________________________________ Mailing Address: __________________________________________________________ City, State, Zip: ___________________________________________________________ County: _________________________________________________________________ Sanitary Sewer System Name(s) or Unique Identifier(s): ___________________________ Regional Water Quality Control Board(s): _______________________________________ Signature and Date: ________________________________________________________

2. Basis of Termination
Explanation of termination, including subsequent regulatory coverage and subsequent owner/operator of enrolled sanitary sewer system, as applicable:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

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ATTACHMENT C – NOTICE OF TERMINATION December 6, 2022
C - 2

3. Regulatory Coverage Termination Certification
I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge: 1) the sanitary sewer system I officially represent is not required to be regulated under the Statewide Waste Discharge Requirements for Sanitary Sewer Systems Order 2022-XXXX-DWQ, and 2) the information submitted in this Notice of Termination is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. Additionally, I understand that the submittal of this Notice of Termination does not release sanitary sewer system agencies from liability for any violations of the Clean Water Act.

Print Name: ______________________________________________________________ Title: ___________________________________________________________________ Signature: __________________________________________ Date: ________________ For State Water Board Use Only
☐ Approved for Termination ☐ Denied and Returned to Enrollee Deputy Director of Water Quality Signature: _____________________________________ Date: ____________________ Notice of Termination Effective Date: __________________

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ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN
REQUIRED ELEMENTS December 6, 2022
D - 1
ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN – REQUIRED ELEMENTS Table of Contents

1. Sewer System Management Plan Goal And Introduction ............................................ D-2

1.1. Regulatory Context ........................................................................................... D-2

1.2. Sewer System Management Plan Update Schedule ......................................... D-3

1.3. Sewer System Asset Overview ......................................................................... D-3

2. Organization ................................................................................................................ D-3

3. Legal Authority ............................................................................................................. D-4

4. Operation And Maintenance Program .......................................................................... D-4

4.1. Updated Map of Sanitary Sewer System .......................................................... D-4

4.2. Preventive Operation and Maintenance Activities ............................................. D-4

4.3. Training ............................................................................................................. D-5

4.4. Equipment Inventory ......................................................................................... D-5

5. Design And Performance Provisions ........................................................................... D-5

5.1. Updated Design Criteria and Construction Standards and Specifications ......... D-5

5.2. Procedures and Standards ................................................................................ D-5

6. Spill Emergency Response Plan .................................................................................. D-6

7. Sewer Pipe Blockage Control Program ........................................................................ D-7

8. System Evaluation, Capacity Assurance and Capital Improvements ........................... D-7

8.1 System Evaluation and Condition Assessment ................................................. D-7

8.2. Capacity Assessment and Design Criteria ........................................................ D-8

8.3. Prioritization of Corrective Action ...................................................................... D-9

8.4. Capital Improvement Plan ................................................................................. D-9

9. Monitoring, Measurement and Program Modifications ................................................. D-9

10. Internal Audits ............................................................................................................ D-10

11. Communication Program ........................................................................................... D-10

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ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN
REQUIRED ELEMENTS December 6, 2022
D - 2
ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN – REQUIRED ELEMENTS A Sewer System Management Plan (Plan) is a living planning document that documents ongoing local sewer system management program activities, procedures, and decision-making – at the scale necessary to address the size and complexity of the subject sanitary sewer system(s). This Plan may incorporate other programs and other plans by reference, to address short-term and long-term system resilience through:
• Proactive planning and decision-making;
• Local government ordinances;
• Updated operations and maintenance activities and procedures; • Implementation of capital improvements;
• Sufficient local budget to support staff resources, contractors, equipment, and training; and • Updated training of staff and contractors.

The Enrollee’s development, update, and implementation of a Sewer System Management Plan addressing the requirements of this Attachment is an enforceable component of this General Order. As specified in Provision 6.1 (Enforcement Provisions) of this General Order, consistent with the Water Code and the State Water Board Enforcement Policy, the State Water Board or a Regional Water Board may consider the Enrollee’s efforts in implementing an effective Sewer System Management Plan to prevent, contain, control, and mitigate spills when considering Water Code section 13327 factors to determine necessary enforcement of this General Order.

This Attachment includes the following required elements that the Enrollee shall address in its Plan and subsequent updates. The Enrollee shall identify any requirement in this Attachment that is not applicable to the Enrollee’s sewer system and shall explain in its Plan why the requirement is not applicable.

1. SEWER SYSTEM MANAGEMENT PLAN GOAL AND INTRODUCTION
The goal of the Sewer System Management Plan (Plan) is to provide a plan and schedule to: (1) properly manage, operate, and maintain all parts of the Enrollee’s sanitary sewer system(s), (2) reduce and prevent spills, and (3) contain and mitigate spills that do occur.

The Plan must include a narrative Introduction section that discusses the following items:

1.1. Regulatory Context
The Plan Introduction section must provide a general description of the local sewer system management program and discuss Plan implementation and updates.

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ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN
REQUIRED ELEMENTS December 6, 2022
D - 3

1.2. Sewer System Management Plan Update Schedule
The Plan Introduction section must include a schedule for the Enrollee to update the Plan, including the schedule for conducting internal audits. The schedule must include milestones for incorporation of activities addressing prevention of sewer spills.

1.3. Sewer System Asset Overview
The Plan Introduction section must provide a description of the Enrollee-owned assets and service area, including but not limited to:
• Location, including county(ies);
• Service area boundary;
• Population and community served;
• System size, including total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump stations and siphons; • Structures diverting stormwater to the sewer system;
• Data management systems;
• Sewer system ownership and operation responsibilities between Enrollee and private entities for upper and lower sewer laterals;
• Estimated number or percent of residential, commercial, and industrial service connections; and
• Unique service boundary conditions and challenge(s).

Additionally, the Plan Introduction section must provide reference to the Enrollee’s up- to-date map of its sanitary sewer system, as required in section 4.1 (Updated Map of Sanitary Sewer System) of this Attachment.

2. ORGANIZATION
The Plan must identify organizational staffing responsible and integral for implementing the local Sewer System Management Plan through an organization chart or similar narrative documentation that includes:
• The name of the Legally Responsible Official as required in section 5.1 (Designation of a Legally Responsible Official) of this General Order; • The position titles, telephone numbers, and email addresses for management, administrative, and maintenance positions responsible for implementing specific Sewer System Management Plan elements;
• Organizational lines of authority; and
• Chain of communication for reporting spills from receipt of complaint or other information, including the person responsible for reporting spills to the State and Regional Water Boards and other agencies, as applicable. (For example, county Redlans Regular Meeting of 09-05-2023
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ATTACHMENT D – SEWER SYSTEM MANAGEMENT PLAN
REQUIRED ELEMENTS December 6, 2022
D - 4
health officer, county environmental health agency, and State Office of Emergency Services.)

3. LEGAL AUTHORITY
The Plan must include copies or an electronic link to the Enrollee’s current sewer system use ordinances, service agreements and/or other legally binding procedures to demonstrate the Enrollee possesses the necessary legal authority to:
• Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages;
• Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure; • Require that sewer system components and connections be properly designed and constructed;
• Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the Enrollee;
• Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures; and
• Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable.

4. OPERATION AND MAINTENANCE PROGRAM
The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system.

4.1. Updated Map of Sanitary Sewer System
An up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities within the sewer system service area boundaries.

4.2. Preventive Operation and Maintenance Activities
A scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors.

The scheduling system must include:
• Inspection and maintenance activities;
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• Higher-frequency inspections and maintenance of known problem areas, including areas with tree root problems;
• Regular visual and closed-circuit television (CCTV) inspections of manholes and sewer pipes.

The data collection system must document data from system inspection and maintenance activities, including system areas/components prone to root-intrusion potentially resulting in system backup and/or failure.

4.3. Training
In-house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:
• The requirements of this General Order;
• The Enrollee’s Spill Emergency Response Plan procedures and practice drills; • Skilled estimation of spill volume for field operators; and • Electronic CIWQS reporting procedures for staff submitting data.

4.4. Equipment Inventory
An inventory of sewer system equipment, including the identification of critical replacement and spare parts.

5. DESIGN AND PERFORMANCE PROVISIONS
The Plan must include the following items as appropriate and applicable to the Enrollee’s system:

5.1. Updated Design Criteria and Construction Standards and Specifications Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.

5.2. Procedures and Standards
Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances.

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6. SPILL EMERGENCY RESPONSE PLAN
The Plan must include an up to date Spill Emergency Response Plan to ensure prompt detection and response to spills to reduce spill volumes and collect information for prevention of future spills. The Spill Emergency Response Plan must include procedures to:
• Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner;
• Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State;
• Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; • Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained;
• Address emergency system operations, traffic control and other necessary response activities;
• Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
• Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State;
• Remove sewage from the drainage conveyance system;
• Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters; • Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery;
• Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event; • Conduct post-spill assessments of spill response activities; • Document and report spill events as required in this General Order; and • Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed.

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7. SEWER PIPE BLOCKAGE CONTROL PROGRAM
The Sewer System Management Plan must include procedures for the evaluation of the Enrollee’s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide justification in its Plan for why a program is not needed.

The procedures must include, at minimum:
• An implementation plan and schedule for a public education and outreach program that promotes proper disposal of pipe-blocking substances; • A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area; • The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages;
• Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, recordkeeping and reporting requirements; • Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the fats, oils, and grease ordinance;
• An identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section; and • Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each section identified above.

8. SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL IMPROVEMENTS The Plan must include procedures and activities for:
• Routine evaluation and assessment of system conditions; • Capacity assessment and design criteria;
• Prioritization of corrective actions; and
• A capital improvement plan.

8.1 System Evaluation and Condition Assessment
The Plan must include procedures to:
• Evaluate the sanitary sewer system assets utilizing the best practices and technologies available;
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• Identify and justify the amount (percentage) of its system for its condition to be assessed each year;
• Prioritize the condition assessment of system areas that:
o Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deficiencies; o Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas; o Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List;
• Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods;
• Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State;
• Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and
• Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions.

8.2. Capacity Assessment and Design Criteria
The Plan must include procedures to identify system components that are experiencing or contributing to spills caused by hydraulic deficiency and/or limited capacity, including procedures to identify the appropriate hydraulic capacity of key system elements for:
• Dry-weather peak flow conditions that cause or contributes to spill events; • The appropriate design storm(s) or wet weather events that causes or contributes to spill events;
• The capacity of key system components; and
• Identify the major sources that contribute to the peak flows associated with sewer spills.

The capacity assessment must consider:
• Data from existing system condition assessments, system inspections, system audits, spill history, and other available information; • Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions;
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• Capacity of systems subject to increased infiltration and inflow due to larger and/or higher-intensity storm events as a result of climate change; • Increases of erosive forces in canyons and streams near underground and above- ground system components due to larger and/or higher-intensity storm events; • Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and • Necessary redundancy in pumping and storage capacities.

8.3. Prioritization of Corrective Action
The findings of the condition assessments and capacity assessments must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills.

8.4. Capital Improvement Plan
The capital improvement plan must include the following items:
• Project schedules including completion dates for all portions of the capital improvement program;
• Internal and external project funding sources for each project; and • Joint coordination between operation and maintenance staff, and engineering staff/consultants during planning, design, and construction of capital improvement projects; and Interagency coordination with other impacted utility agencies.

9. MONITORING, MEASUREMENT AND PROGRAM MODIFICATIONS
The Plan must include an Adaptive Management section that addresses Plan- implementation effectiveness and the steps for necessary Plan improvement, including:
• Maintaining relevant information, including audit findings, to establish and prioritize appropriate Plan activities;
• Monitoring the implementation and measuring the effectiveness of each Plan Element;
• Assessing the success of the preventive operation and maintenance activities; • Updating Plan procedures and activities, as appropriate, based on results of monitoring and performance evaluations; and
• Identifying and illustrating spill trends, including spill frequency, locations and estimated volumes.

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10. INTERNAL AUDITS
The Plan shall include internal audit procedures, appropriate to the size and performance of the system, for the Enrollee to comply with section 5.4 (Sewer System Management Plan Audits) of this General Order.

11. COMMUNICATION PROGRAM
The Plan must include procedures for the Enrollee to communicate with:
• The public for:
o Spills and discharges resulting in closures of public areas, or that enter a source of drinking water, and
o The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates.
• Owners/operators of systems that connect into the Enrollee’s system, including satellite systems, for:
o System operation, maintenance, and capital improvement-related activities.

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ATTACHMENT E1 – NOTIFICATION, MONITORING, REPORTING AND

RECORDKEEPING REQUIREMENTS
Table of Contents

1. Notification Requirements ......................................................................................... E1-3

1.1. Notification of Spills of 1,000 Gallons or Greater to the California Office of Emergency Services ...................................................................................... E1-3

1.2. Spill Notification Information ........................................................................... E1-4

1.3. Notification of Spill Report Updates ................................................................ E1-4

2. Spill-Specific Monitoring Requirements .................................................................... E1-5

2.1 Spill Location and Spread .............................................................................. E1-5

2.2 Spill Volume Estimation.................................................................................. E1-5

2.3. Receiving Water Monitoring ............................................................................ E1-5

2.4. Safety and Access Exceptions ........................................................................ E1-8

3. Reporting Requirements ............................................................................................ E1-8

3.1. Reporting Requirements for Individual Category 1 Spill Reporting ................. E1-8

3.2. Reporting Requirements for Individual Category 2 Spill Reporting ............... E1-12

3.3. Monthly Certified Spill Reporting for Category 3 Spills .................................. E1-14

3.4. Monthly Certified Spill Reporting for Category 4 Spills .................................. E1-16

3.5. Amended Certified Spill Reports for Category 3 Spills .................................. E1-16

3.6. Annual Certified Spill Reporting of Category 4 and/or Lateral Spills ............. E1-16

3.7. Monthly Certification of “No-Spills” or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” ................................................................................................ E1-16

3.8. Electronic Sanitary Sewer System Service Area Boundary Map ................... E1-17

3.9. Annual Report (Previously termed as Collection System Questionnaire in General Order 2006-0003-DWQ) .................................................................. E1-17

3.10. Sewer System Management Plan Audit Reporting Requirements ................ E1-19

3.11. Sewer System Management Plan Reporting Requirements ......................... E1-19

4. Recordkeeping Requirements ................................................................................. E1-20

4.1. Recordkeeping Time Period .......................................................................... E1-20

4.2. Availability of Documents .............................................................................. E1-20

4.3. Spill Reports .................................................................................................. E1-20

4.4. Recordkeeping of Category 4 Spills and Non-Category 1 Lateral Spills ....... E1-21

4.5. Sewer System Telemetry Records ................................................................ E1-22

4.6. Sewer System Management Plan Implementation Records ......................... E1-22

4.7. Audit Records ................................................................................................ E1-23 Redlans Regular Meeting of 09-05-2023
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4.8. Equipment Records ....................................................................................... E1-23

4.9. Work Orders .................................................................................................. E1-23

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ATTACHMENT E1– NOTIFICATION, MONITORING, REPORTING AND RECORDKEEPING

REQUIREMENTS
The Notification Requirements (section 1), Spill-specific Monitoring Requirements (section 2), Reporting Requirements (section 3) and Recordkeeping Requirements (section 4) in this Attachment are pursuant to Water Code section 13267 and section 13383, and are an enforceable component of this General Order. For the purpose of this General Order, the term:
• Notification means the notifying of appropriate parties of a spill event or other activity. • Spill-specific Monitoring means the gathering of information and data for a specific spill event to be reported or kept as records.
• Reporting means the reporting of information and data into the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. • Recordkeeping means the maintaining of information and data in an official records storage system.

Failure to comply with the notification, monitoring, reporting and recordkeeping requirements in this General Order may subject the Enrollee to civil liabilities of up to $10,000 a day per violation pursuant to Water Code section 13385; up to $1,000 a day per violation pursuant to Water Code section 13268; or referral to the Attorney General for judicial civil enforcement.

Water Code section 13193 et seq. requires the Regional Water Quality Control Boards (Regional Water Boards) and the State Water Resources Control Board ( State Water Board ) to collect sanitary sewer spill information for each spill event and make this information available to the public. Sanitary sewer spill information for each spill event includes but is not limited to: Enrollee contact information for each spill event, spill cause, estimated spill volume and factors used for estimation, location, date, time, duration, amount discharged to waters of the State, response and corrective action(s) taken.

1. NOTIFICATION REQUIREMENTS

1.1. Notification of Spills of 1,000 Gallons or Greater to the California Office of Emergency Services
Per Water Code section 13271, for a spill that discharges in or on any waters of the State, or discharges or is deposited where it is, or probably will be, discharged in or on any waters of the State, the Enrollee shall notify the California Office of Emergency Services and obtain a California Office of Emergency Services Control Number as soon as possible but no later than two (2) hours after:
• The Enrollee has knowledge of the spill; and
• Notification can be provided without substantially impeding cleanup or other emergency measures.

The notification requirements in this section apply to individual spills of 1,000 gallons or greater, from an Enrollee-owned and/or operated laterals, to a water of the State.

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1.2. Spill Notification Information
The Enrollee shall provide the following spill information to the California Office of Emergency Services before receiving a Control Number, as applicable:
• Name and phone number of the person notifying the California Office of Emergency Services;
• Estimated spill volume (gallons);
• Estimated spill rate from the system (gallons per minute); • Estimated discharge rate (gallons per minute) directly into waters of the State or indirectly into a drainage conveyance system;
• Spill incident description:
o Brief narrative of the spill event, and
o Spill incident location (address, city, and zip code) and closest cross streets and/or landmarks;
• Name and phone number of contact person on-scene;
• Date and time the Enrollee was informed of the spill event; • Name of sanitary sewer system causing the spill;
• Spill cause or suspected cause (if known);
• Amount of spill contained;
• Name of receiving water body receiving or potentially receiving discharge; and • Description of water body impact and/ or potential impact to beneficial uses.

1.3. Notification of Spill Report Updates
Following the initial notification to the California Office of Emergency Services and until such time that the Enrollee certifies the spill report in the online CIWQS Sanitary Sewer System Database, the Enrollee shall provide updates to the California Office of Emergency Services regarding substantial changes to:
• Estimated spill volume (increase or decrease in gallons initially estimated); • Estimated discharge volume discharged directly into waters of the State or indirectly into a drainage conveyance system (increase or decrease in gallons initially estimated); and
• Additional impact(s) to the receiving water(s) and beneficial uses.

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2. SPILL-SPECIFIC MONITORING REQUIREMENTS

2.1 Spill Location and Spread
The Enrollee shall visually assess the spill location(s) and spread using photography, global positioning system (GPS), and other best available tools. The Enrollee shall document the critical spill locations, including:
• Photography and GPS coordinates for:
o The system location where spill originated.

For multiple appearance points of a single spill event, the points closest to the spill origin.
• Photography for:
o Drainage conveyance system entry locations,
o The location(s) of discharge into surface waters, as applicable, o Extent of spill spread, and
o The location(s) of clean up.

2.2 Spill Volume Estimation
To assess the approximate spill magnitude and spread, the Enrollee shall estimate the total spill volume using updated volume estimation techniques, calculations, and documentation for electronic reporting. The Enrollee shall update its notification and reporting of estimated spill volume (which includes spill volume recovered) as further information is gathered during and after a spill event.

2.3. Receiving Water Monitoring

2.3.1. Receiving Water Visual Observations
Through visual observations and use of best available spill volume-estimating techniques and field calculation techniques, the Enrollee shall gather and document the following information for spills discharging to surface waters:
• Estimated spill travel time to the receiving water;
• For spills entering a drainage conveyance system, estimated spill travel time from the point of entry into the drainage conveyance system to the point of discharge into the receiving water;
• Estimated spill volume entering the receiving water; and • Photography of:
o Waterbody bank erosion,
o Floating matter,
o Water surface sheen (potentially from oil and grease), Redlans Regular Meeting of 09-05-2023
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o Discoloration of receiving water, and
o Impact to the receiving water.

2.3.2. Receiving Water – Water Quality Sampling and Analysis For sewage spills in which an estimated 50,000 gallons or greater are discharged into a surface water, the Enrollee shall conduct the following water quality sampling no later than 18 hours after the Enrollee’s knowledge of a potential discharge to a surface water:
• Collect one water sample, each day of the duration of the spill, at:
o The DCS-001 location as described in section 2.3.4 (Receiving Water Sampling Locations) of this Attachment, if sewage discharges to a surface water via a drainage conveyance system; and/or
o Each of the three receiving water sampling locations in section 2.3.4 (Receiving Water Sampling Locations) of this Attachment;
If the receiving water has no flow during the duration of the spill, the Enrollee must report “No Sampling Due To No Flow” for its receiving water sampling locations.

The Enrollee shall analyze the collected receiving water samples for the following constituents per section 2.3.3 (Water Quality Analysis Specifications) of this Attachment:
• Ammonia, and
• Appropriate bacterial indicator(s) per the applicable Basin Plan water quality objectives, including one or more of the following, unless directed otherwise by the Regional Water Board:
o Total Coliform Bacteria
o Fecal Coliform Bacteria
o E-coli
o Enterococcus
Dependent on the receiving water(s), sampling of bacterial indicators shall be sufficient to determine post-spill (after the spill) compliance with the water quality objectives and bacterial standards of the California Ocean Plan or the California Inland Surface Water Enclosed Bays, and Estuaries Plan, including the frequency and/or number of post-spill receiving water samples as may be specified in the applicable plans.

The Enrollee shall collect and analyze additional samples as required by the applicable Regional Water Board Executive Officer or designee.

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2.3.3. Water Quality Analysis Specifications
Spill monitoring must be representative of the monitored activity (40 Code of Federal Regulations section 122.41(j)(1)).

Sufficiently Sensitive Methods
Sample analysis must be conducted according to sufficiently sensitive test methods approved under 40 Code of Federal Regulations Part 136 for the sample analysis of pollutants. For the purposes of this General Order, a method is sufficiently sensitive when the minimum level of the analytical method approved under 40 Code of Federal Regulations Part 136 is at or below the receiving water pollutant criteria.

Environmental Laboratory Accreditation Program-Accredited Laboratories The analysis of water quality samples required per this General Order must be performed by a laboratory that has accreditation pursuant to Article 3 (commencing with section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code. (Water Code section 13176(a).) The State Water Board accredits laboratories through its Environmental Laboratory Accreditation Program (ELAP).

2.3.4. Receiving Water Sampling Locations
The Enrollee shall collect receiving water samples at the following locations.

Sampling of Flow in Drainage Conveyance System (DCS) Prior to Discharge Sampling
Location Sampling Location Description
DCS-001 A point in a drainage conveyance system before the drainage conveyance system flow discharges into a receiving water.

Receiving Surface Water Sampling (RSW)1

Sampling
Location Sampling Location Description
RSW-001
Point of Discharge
A point in the receiving water where sewage initially enters the receiving water.

RSW-001U:

Upstream of Point
of Discharge
A point in the receiving water, upstream of the point of sewage discharge, to capture ambient conditions absent of sewage discharge impacts.

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Sampling
Location Sampling Location Description
RSW-001D:

Downstream of
Point of Discharge
A point in the receiving water, downstream of the point of sewage discharge, where the spill material is fully mixed with the receiving water.
1 The Enrollee must use its best professional judgment to determine the upstream and downstream distances based on receiving water flow, accessibility to upstream/downstream waterbody banks, and size of visible sewage plume.

2.4. Safety and Access Exceptions
If the Enrollee encounters access restrictions or unsafe conditions that prevents its compliance with spill response requirements or monitoring requirements in this General Order, the Enrollee shall provide documentation of access restrictions and/or safety hazards in the corresponding required report.

3. REPORTING REQUIREMENTS
All reporting required in this General Order must be submitted electronically to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov), unless specified otherwise in this General Order. Electronic reporting may solely be conducted by a Legally Responsible Official or Data Submitter(s) previously designated by the Legally Responsible Official, as required in section 5.8 (Designation of Data Submitters) of this General Order.

The Enrollee shall report any information that is protected by the Homeland Security Act, by email to [email protected], with a brief explanation of the protection provided by the Homeland Security Act for the subject report to be protected from unauthorized disclosure and/or public access, and for official Water Board regulatory purposes only.

3.1. Reporting Requirements for Individual Category 1 Spill Reporting

3.1.1. Draft Spill Report for Category 1 Spills
Within three (3) business days of the Enrollee’s knowledge of a Category 1 spill, the Enrollee shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.

The Draft Spill Report must, at minimum, include the following items:

1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;

2. Spill location name;

3. Date and time the Enrollee was notified of, or self-discovered, the spill;

4. Operator arrival time;
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5. Estimated spill start date and time;

6. Date and time the Enrollee notified the California Office of Emergency Services, and the assigned control number;

7. Description, photographs, and GPS coordinates of the system location where the spill originated;
o If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;

8. Estimated total spill volume exiting the system;

9. Description and photographs of the extent of the spill and spill boundaries;

10. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry location(s); o Estimated spill volume fully recovered from the drainage conveyance system; o Estimated spill volume remaining within the drainage conveyance system;

11. Description and photographs of all discharge point(s) into the surface water;

12. Estimated spill volume that discharged to surface waters; and

13. Estimated total spill volume recovered.

3.1.2. Certified Spill Report for Category 1 Spills
Within 15 calendar days of the spill end date, the Enrollee shall submit a Certified Spill Report for Category 1 spills, to the online CIWQS Sanitary Sewer System Database.

Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.

The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report per section 3.1.1 (Draft Spill Report for Category 1 Spills) above:

1. Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;

2. Spill end date and time;

3. Description of how the spill volume estimations were calculated, including at a minimum:
o The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
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4. Spill cause(s) (for example, root intrusion, grease deposition, etc.);

5. System failure location (for example, main, lateral, pump station, etc.);

6. Description of the pipe material, and estimated age of the pipe material, at the failure location;

7. Description of the impact of the spill;

8. Whether or not the spill was associated with a storm event;

9. Description of spill response activities including description of immediate spill containment and cleanup efforts;

10. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;

11. Spill response completion date;

12. Detailed narrative of investigation and investigation findings of cause of spill;

13. Reasons for an ongoing investigation (as applicable) and the expected date of completion;

14. Name and type of receiving water body(s);

15. Description of the water body(s), including but not limited to:
o Observed impacts on aquatic life,
o Public closure, restricted public access, temporary restricted use, and/or posted health warnings due to spill,
o Responsible entity for closing/restricting use of water body, and o Number of days closed/restricted as a result of the spill.

16. Whether or not the spill was located within 1,000 feet of a municipal surface water intake; and

17. If water quality samples were collected, identify sample locations and the parameters the water quality samples were analyzed for. If no samples were taken, Not Applicable shall be selected.

3.1.3. Spill Technical Report for Individual Category 1 Spill in which 50,000 Gallons or Greater Discharged into a Surface Water
For any spill in which 50,000 gallons or greater discharged into a surface water, within 45 calendar days of the spill end date, the Enrollee shall submit a Spill Technical Report to the online CIWQS Sanitary Sewer System Database. The Spill Technical Report, at minimum, must include the following information:

1. Spill causes and circumstances, including at minimum:
o Complete and detailed explanation of how and when the spill was discovered; Redlans Regular Meeting of 09-05-2023
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o Photographs illustrating the spill origin, the extent and reach of the spill, drainage conveyance system entrance and exit, receiving water, and post-cleanup site conditions;
o Diagram showing the spill failure point, appearance point(s), the spill flow path, and ultimate destinations;
o Detailed description of the methodology employed, and available data used to calculate the discharge volume and, if applicable, the recovered spill volume; o Detailed description of the spill cause(s);
o Description of the pipe material, and estimated age of the pipe material, at the failure location;
o Description of the impact of the spill;
o Copy of original field crew records used to document the spill; and o Historical maintenance records for the failure location.

2. Enrollee’s response to the spill:
o Chronological narrative description of all actions taken by the Enrollee to terminate the spill;
o Explanation of how the Sewer System Management Plan Spill Emergency Response Plan was implemented to respond to and mitigate the spill; and o Final corrective action(s) completed and a schedule for planned corrective actions, including:
▪ Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable,
▪ Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences, and ▪ Necessary modifications to the Emergency Spill Response Plan to incorporate lessons learned in responding to and mitigating the spill.

3. Water Quality Monitoring, including at minimum:
o Description of all water quality sampling activities conducted; o List of pollutant and parameters monitored, sampled and analyzed; as required in section 2.3 (Receiving Water Monitoring) of this Attachment; o Laboratory results, including laboratory reports;
o Detailed location map illustrating all water quality sampling points; and o Other regulatory agencies receiving sample results (if applicable).

4. Evaluation of spill impact(s), including a description of short-term and long-term impact(s) to beneficial uses of the surface water.

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3.1.4. Amended Certified Spill Reports for Individual Category 1 Spills The Enrollee shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database.

The Enrollee shall certify the amended report.

After 90 calendar days, the Enrollee shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.

3.2. Reporting Requirements for Individual Category 2 Spill Reporting

3.2.1. Draft Spill Report for Category 2 Spills
Within three (3) business days of the Enrollee’s knowledge of a Category 2 spill, the Enrollee shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.

The Draft Spill Report must, at minimum, include the following items:

1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;

2. Spill location name;

3. Date and time the Enrollee was notified of, or self-discovered, the spill;

4. Operator arrival time;

5. Estimated spill start date and time;

6. Date and time the Enrollee notified the California Office of Emergency Services, and the assigned control number;

7. Description, photographs, and GPS coordinates of the system location where the spill originated;
If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;

8. Estimated total spill volume exiting the system;

9. Description and photographs of the extent of the spill and spill boundaries;

10. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry location(s); o Estimated spill volume fully recovered from the drainage conveyance system; o Estimated spill volume remaining within the drainage conveyance system; Redlans Regular Meeting of 09-05-2023
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o Estimated spill volume discharged to a groundwater infiltration basin or facility, if applicable; and

11. Estimated total spill volume recovered.

3.2.2. Certified Spill Report for Category 2 Spills
Within 15 calendar days of the spill end date, the Enrollee shall submit a Certified Spill Report for the Category 2 spill, to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov). Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.

The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report per section 3.2.1 (Draft Spill Report for Category 2 Spills) above:

1. Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;

2. Spill end date and time;

3. Description of how the spill volume estimations were calculated, including at a minimum:
o The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;

4. Spill cause(s) (for example, root intrusion, grease deposition, etc.);

5. System failure location (for example, main, pump station, etc.);

6. Description of the pipe/infrastructure material, and estimated age of the pipe material, at the failure location;

7. Description of the impact of the spill;

8. Whether or not the spill was associated with a storm event;

9. Description of spill response activities including description of immediate spill containment and cleanup efforts;

10. Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;

11. Spill response completion date;

12. Detailed narrative of investigation and investigation findings of cause of spill;

13. Reasons for an ongoing investigation (as applicable) and the expected date of completion; and
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14. Whether or not the spill was located within 1,000 feet of a municipal surface water intake.

3.2.3. Amended Certified Spill Reports for Individual Category 2 Spills The Enrollee shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database.

The Enrollee shall certify the amended report.

After 90 calendar days, the Enrollee shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.

3.3. Monthly Certified Spill Reporting for Category 3 Spills The Enrollee shall report and certify all Category 3 spills to the online CIWQS Sanitary Sewer System Database within 30 calendar days after the end of the month in which the spills occurred. (For example, all Category 3 spills occurring in the month of February shall be reported and certified by March 30th). After the Legally Responsible Official certifies the spills, the online CIWQS Sanitary Sewer System Database will issue a spill event identification number for each spill.

The monthly reporting of all Category 3 spills must include the following items for each spill:

1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;

2. Spill location name;

3. Date and time the Enrollee was notified of, or self-discovered, the spill;

4. Operator arrival time;

5. Estimated spill start date and time;

6. Description, photographs, and GPS coordinates where the spill originated:
o If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;

7. Estimated total spill volume exiting the system;

8. Description and photographs of the extent of the spill and spill boundaries;

9. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry locations(s); o Estimated spill volume fully recovered from the drainage conveyance system; and Redlans Regular Meeting of 09-05-2023
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o Estimated spill volume discharged to a groundwater infiltration basis or facility, if applicable.

10. Estimated total spill volume recovered;

11. Description of the spill event destination(s), including GPS coordinates, if available, that represent the full spread and reaches of the spill;

12. Spill end date and time;

13. Description of how the spill volume estimations were calculated, including, at minimum:
o The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology and type of data relied upon to estimate the spill start time, on-going spill rate at time of arrival (if applicable), and the spill end time;

14. Spill cause(s) (for example, root intrusion, grease deposition, etc.);

15. System failure location (for example, main, pump station, etc.);

16. Description of the pipe/infrastructure material, and estimated age of the pipe/infrastructure material, at the failure location;

17. Description of the impact of the spill;

18. Whether or not the spill was associated with a storm event;

19. Description of spill response activities including description of immediate spill containment and cleanup efforts;

20. Description of spill corrective actions, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of the major milestones for those steps; including, at minimum:
o Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable, and
o Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences at the same spill event location, including:
▪ Adjusted schedule/method of preventive maintenance,
▪ Planned rehabilitation or replacement of sanitary sewer asset, ▪ Inspected, repaired asset(s), or replaced defective asset(s), ▪ Capital improvements,
▪ Documentation verifying immediately implemented system modifications and operating/maintenance modifications,
▪ Description of spill response activities,
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▪ Spill response completion date, and
▪ Ongoing investigation efforts, and expected completion date of investigation to determine the full cause of spill;

21. Detailed narrative of investigation and investigation findings of cause of spill.

3.4. Monthly Certified Spill Reporting for Category 4 Spills The Enrollee shall report and certify the estimated total spill volume exiting the sanitary sewer system, and the total number of all Category 4 spills to the online CIWQS Sanitary Sewer System Database, within 30 calendar days after the end of the month in which the spills occurred.

3.5. Amended Certified Spill Reports for Category 3 Spills Within 90 calendar days of the certified Spill Report due date, the Enrollee may update or add additional information to a certified Spill Report by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The Enrollee shall certify the amended report.

After 90 calendar days, the Legally Responsible Official shall contact the State Water Board at [email protected] to request to amend a certified Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the 90-day timeframe for amending the certified Spill Report, as provided above.

3.6. Annual Certified Spill Reporting of Category 4 and/or Lateral Spills For all Category 4 spills and spills from its owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the Enrollee shall:
• Maintain records per section 4.4. of this Attachment; The Enrollee shall provide records upon request by State Water Board or Regional Water Board staff.
• Annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.

A spill from an Enrollee-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the Enrollee shall report all Category 1 spills per section 3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.

3.7. Monthly Certification of “No-Spills” or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills”
If either (1) no spills occur during a calendar month or (2) only Category 4, and/or Enrollee-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the Enrollee shall certify, within 30 calendar days after Redlans Regular Meeting of 09-05-2023
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the end of each calendar month, either a “No-Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” certification statement, in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Lateral Spills that will be reported annually (per section 3.6 of this Attachment) for the designated month.

If a spill starts in one calendar month and ends in a subsequent calendar month, and the Enrollee has no further spills of any category, in the subsequent calendar month, the Enrollee shall certify “no-spills” for the subsequent calendar month.

If the Enrollee has no spills from its systems during a calendar month, but the Enrollee voluntarily reported a spill from a private lateral or a private system, the Enrollee shall certify “no-spills” for that calendar month.

If the Enrollees has spills from its owned and/or operated laterals during a calendar month, the Enrollee shall not certify “no spills” for that calendar month.

3.8. Electronic Sanitary Sewer System Service Area Boundary Map The Legally Responsible Official shall submit, to the State Water Board, an up-to-date electronic spatial map of its sewer system service area boundaries. The map must be in accordance with section 5.14 (Electronic Sanitary Sewer System Service Area Boundary Map) of this General Order and the specification provided on the statewide Sanitary Sewer Systems program website. The map must include the location of wastewater treatment facility(ies) that treats the sewer system waste, if in the same sewer service boundary.

By the Effective Date of this General Order, specifications for the electronic sanitary sewer service area boundary map format will be provided on the statewide Sanitary Sewer Systems Order program website.

3.9. Annual Report (Previously termed as Collection System Questionnaire in General Order 2006-0003-DWQ)
A new Enrollee shall complete and submit its first certified Annual Report into the online CIWQS Sanitary Sewer System Database, within 30 days of obtaining a CIWQS account; Subsequent Annual Reports are due by April 1 of each year.

All enrollees shall update their previous year’s Annual Report, by April 1 of each year after the Effective Date of this General Order, for each calendar year (January 1 through December 31).

The Annual Report must be entered directly into the online CIWQS Sanitary Sewer System Database. The Enrollee’s Legally Responsible Official shall certify the Annual Report as instructed in CIWQS;
The Annual Report must address, and update as applicable, the following items:
• Population served;
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• Updated sewer system service area boundary map, if service area boundary has changed from original map submitted per section 5.14 (Electronic Sanitary Sewer System Service Area Boundary Map) of this General Order; • Number of system operation and maintenance staff:
o Entry level (less than two years of experience),
o Journey level (greater than two years of experience), o Supervisory level, and
o Managerial level;
• Number of operation and maintenance staff certified as a certified collection system operator by the California Water Environmental Association (CWEA), with:
o Corresponding number of certified collection system operator grade levels (Grade I, II, III, IV, and V);
• System information:
o Miles of system gravity and force mains,
o Number of upper and lower service laterals connected to system, o Estimated number of upper and lower laterals owned and/or operated by the Enrollee,
o Portion of laterals that is Enrollee’s responsibility, o Average age the major components of system infrastructure, o Number and age of pump stations, and
o Estimated total miles of the system pipeline not accessible for maintenance; • Name and location of the treatment plant(s) receiving sanitary sewer system’s waste;
• Name of satellite sewer system tributaries;
• Number of system’s gravity sewer above or underground crossings of water bodies throughout system;
• Number of force main (pressurized pipe) above or underground crossings of water bodies throughout system;
• Number of siphons used to convey waste throughout the sewer system; • Miles of sewer system cleaned;
• Miles of sewer system video inspected, or comparable (i.e., video closed-circuit television or alternative inspection methods);
• System Performance Evaluation as specified in section 5.11 (System Performance Analysis) of this General Order;
• Major spill causes (for example, root intrusion, grease deposition); Redlans Regular Meeting of 09-05-2023
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• System infrastructure failure points (for example, main, pump station, lateral, etc.); • Ongoing spill investigations; and
• Actions taken to address system deficiencies.

3.10. Sewer System Management Plan Audit Reporting Requirements The Enrollee shall submit its Sewer System Management Plan Audit and other pertinent audit information, in accordance with section 5.4 (Sewer System Management Plan Audits) of this General Order, to the online CIWQS Sanitary Sewer System Database by six (6) months after the end of the 3-year audit period.

If a Sewer System Management Plan Audit is not conducted as required: the Enrollee shall:
• Update the online CIWQS Sanitary Sewer System Database and select the justification for not conducting the Audit; and
• Notify its corresponding Regional Water Board (see Attachment F (Regional Water Quality Control Board Contact Information)) of the justification for the lapsed requirements.

The Enrollee’s reporting of a justification for not conducting a timely Audit does not justify non-compliance with this General Order. The Enrollee shall:
• Submit the late Audit as required in this General Order; and • Comply with subsequent Audit requirements and due dates corresponding with the original audit cycle.

3.11. Sewer System Management Plan Reporting Requirements For an Existing Enrollee previously regulated by Order 2006-0003-DWQ: Within every six (6) years after the required due date of its last Plan Update, the Legally Responsible Official shall upload and certify a local governing entity-approved Sewer System Management Plan Update to the online CIWQS Sanitary Sewer System Database. If the electronic document format or size capacity prevents the electronic upload of the Plan, the Legally Responsible Official shall report an electronic link to its updated Sewer System Management Plan posted on its own website.

Order 2006-0003-DWQ required each enrollee to develop its initial Sewer System Management Plan per the following schedule, with required Plan updates at a frequency of 5-years thereafter:

Systems serving populations: Greater than 100,000: May 2, 2009 Between 100,000 and 10,000: August 2, 2009
Between 10,000 and 2,500: May 2, 2010
Less than 2,500: August 2, 2010
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This Order carries forth the previously-required Plan Update schedule per Order 2006-0003-DWQ. Per the six-year Plan Update frequency required in this Order, the Enrollee shall upload and certify its first Plan Update, to the online CIWQS Sanitary Sewer System Database by the following due dates, with subsequent Plan Updates at the frequency of six years thereafter:

Systems serving populations: Greater than 100,000: May 2, 2025 Between 100,000 and 10,000: August 2, 2025
Between 10,000 and 2,500: May 2, 2026
Less than 2,500: August 2, 2026
For a New Enrollee: Within twelve (12) months of its Application for Enrollment Approval date, the Legally Responsible Official of a new Enrollee shall upload and certify a local governing entity-approved Sewer System Management Plan to the online CIWQS Sanitary Sewer System Database. If electronic document format or size capacity prevents the electronic upload of the Plan, the Legally Responsible Official shall report an electronic link to its Sewer System Management Plan posted on its own website. The due date for subsequent 6-year Plan updates, is six (6) years from the submittal due date of the new Enrollee’s first Sewer System Management Plan.

4. RECORDKEEPING REQUIREMENTS
The Enrollee shall maintain records to document compliance with the provisions of this General Order, and previous General Order 2006-0003-DWQ as applicable, for each sanitary sewer system owned, including any required records generated by an Enrollee’s contractor(s).

4.1. Recordkeeping Time Period
The Enrollee shall maintain records of documents required in this Attachment, including records collected for compliance with this General Order, and records collected in accordance with previous General Order 2006-0003-DWQ, for five (5) years.

4.2. Availability of Documents
The Enrollee shall make the records required in this General Order readily available, either electronic or hard copies, for review by Water Board staff during onsite inspections or through an information request.

4.3. Spill Reports
The Enrollee shall maintain records for each of the following spill-related events and activities:
• Spill event complaint, including but not limited to records documenting how the Enrollee responded to notifications of spills. Each complaint record must, at a minimum, include the following information:
o Date, time, and method of notification,
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o Date and time the complainant first noticed the spill, if available, o Narrative description of the complaint, including any information the caller provided regarding whether the spill has reached surface waters or a drainage conveyance system, if available,
o Complainant’s contact information, if available, and
o Final resolution of the complaint;
• Records documenting the steps and/or remedial action(s) undertaken by the Enrollee, using all available information, to comply with this General Order, and previous General Order 2006-0003-DWQ as applicable;
• Records documenting how estimate(s) of volume(s) and, if applicable, volume(s) of spill recovered were calculated;
• All California Office of Emergency Services notification records, as applicable; and • Records, in accordance with the Monitoring Requirements in this Attachment.

4.4. Recordkeeping of Category 4 Spills and Non-Category 1 Lateral Spills An Enrollee must maintain the following records for each individual Category 4 spill and for each individual non-Category 1 Enrollee-owned and/or operated lateral spill, and report in accordance to section 3.6 (Annual Certified Spill Reporting of Category 4 and/or Lateral Spills) of this Attachment.

Recordkeeping of Individual Category 4 Spill Information:

1. Contact information: Name and telephone number of Enrollee contact person to respond to spill-specific questions;

2. Spill location name;

3. Description and GPS coordinates for the system location where the spill originated;

4. Did the spill reach a drainage conveyance system? If Yes:
o Description of drainage conveyance system location,
o Estimated spill volume fully recovered within the drainage conveyance system, and
o Estimated spill volume remaining within the drainage conveyance system;

5. Estimated total spill volume exiting the sanitary sewer system;

6. Spill date and start time;

7. Spill cause(s) (for example, root intrusion, grease deposition, etc.);

8. System failure location (for example, main, pump station, etc.);

9. Description of spill response activities including description of immediate spill containment and cleanup efforts;

10. Description of how the volume estimation was calculated, including, at minimum:

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o The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and o The methodology and type of data relied upon to estimate the spill start time, on- going spill rate at time of arrival (if applicable), and the spill end time;

11. Description of implemented system modifications and operating/maintenance modifications.

Recordkeeping of Individual Lateral Spill Information:

1. Date and time the Enrollee was notified of, or self-discovered, the spill;

2. Location of individual spill;

3. Estimated individual spill volume;

4. Spill cause(s) (for example, root intrusion, grease deposition, etc.); and

5. Description of how the volume estimations were calculated.

Total Annual Spill Information:

1. Estimated total annual spill volume;

2. Description of spill corrective actions, including at minimum:
o Local regulatory enforcement action taken against the sewer lateral owner in response to a spill, as applicable, and
o System operation, maintenance and program modifications implemented to prevent repeated spill occurrences at the same spill location.

4.5. Sewer System Telemetry Records
The Enrollee shall maintain the following sewer system telemetry records if used to document compliance with this General Order, and previous General Order 2006-0003-DWQ as applicable, including spill volume estimates:
• Supervisory control and data acquisition (SCADA) system(s); • Alarm system(s);
• Flow monitoring device(s) or other instrument(s) used to estimate sewage flow rates, and/or volumes;
• Computerized maintenance management system records; and • Asset management-related records.

4.6. Sewer System Management Plan Implementation Records The Enrollee shall maintain records documenting the Enrollee’s implementation of its Sewer System Management Plan, including documents supporting its Sewer System Management Plan audits, corrections, modifications, and updates to the Sewer System Management Plan.

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4.7. Audit Records
The Enrollee shall maintain, at minimum, the following records pertaining to its Sewer System Management Plan audits, and other internal audits:
• Completed audit documents and findings;
• Name and contact information of staff and/or consultants that conducted or involved in the audit; and
• Follow-up actions based on audit findings.

4.8. Equipment Records
The Enrollee shall maintain a log of all owned and leased sewer system cleaning, operational, maintenance, construction, and rehabilitation equipment.

4.9. Work Orders
The Enrollee shall maintain record of work orders for operations and maintenance projects.

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MONITORING AND REPORTING REQUIREMENTS
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ATTACHMENT E2 – SUMMARY OF NOTIFICATION, MONITORING AND REPORTING

REQUIREMENTS
This Attachment provides a summary of notification, monitoring and reporting requirements, by spill category, and for Enrollee-owned and/or operated laterals as required in Attachment E1 of this General Order, for quick reference purposes only.

Table E2-1
Spill Category 1: Spills to Surface Waters
Spill
Requirement Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of
a Category 1 spill of 1,000 gallons or greater,
discharging or threatening to discharge to surface
waters:

Notify the California Office of Emergency Services
and obtain a notification control number.

California Office
of Emergency
Services at:
(800) 852-7550
(Section 1 of
Attachment E1)
Monitoring
• Conduct spill-specific monitoring;
• Conduct water quality sampling of the receiving
water within 18 hours of initial knowledge of spill of
50,000 gallons or greater to surface waters.
(Section 2 of
Attachment E1)
Reporting
• Submit Draft Spill Report within three (3)
business days of the Enrollee’s knowledge of the
spill;
• Submit Certified Spill Report within 15 calendar
days of the spill end date;
• Submit Technical Report within 45 calendar days
after the spill end date for a Category 1 spill in
which 50,000 gallons or greater discharged to
surface waters; and
• Submit Amended Spill Report within 90 calendar
days after the spill end date.
(Section 3.1 of
Attachment E1)

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MONITORING AND REPORTING REQUIREMENTS
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Table E2-2
Spill Category 2: Spills of 1,000 Gallons or Greater That Do Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of
a Category 2 spill of 1,000 gallons or greater,
discharging or threatening to discharge to waters of
the State:

Notify California Office of Emergency Services and
obtain a notification control number.

California Office of
Emergency
Services at: (800)
852-7550
(Section 1 of
Attachment E1)
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• Submit Draft Spill Report within three (3)
business days of the Enrollee’s knowledge of the
spill;
• Submit Certified Spill Report within 15 calendar
days of the spill end date; and
• Submit Amended Spill Report within 90 calendar
days after the spill end date.
(Section 3.2 of
Attachment E1)

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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT E2 – SUMMARY TABLES FOR NOTIFICATION, December 6, 2022

MONITORING AND REPORTING REQUIREMENTS
E2 - 3
Table E2-3
Spill Category 3: Spills of Equal or Greater than 50 Gallons and Less than 1,000 Gallons That Does Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification Not Applicable Not Applicable
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• Submit monthly Certified Spill Report to the online
CIWQS Sanitary Sewer System Database within
30 calendars days after the end of the month in
which the spills occur; and
• Submit Amended Spill Reports within 90 calendar
days after the Certified Spill Report due date.
(Section 3.3 and 3.5 of
Attachment E1)
Table E2-4
Spill Category 4: Spills Less Than 50 Gallons That Do Not Discharge to Surface Waters Spill
Requirements Due Method
Notification Not Applicable Not Applicable
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• If, during any calendar month, Category 4 spills
occur, certify monthly, the estimated total spill
volume exiting the sanitary sewer system, and the
total number of all Category 4 spills into the online
CIWQS Sanitary Sewer System Database, within
30 days after the end of the calendar month in
which the spills occurred.
• Upload and certify a report, in an acceptable digital format, of all Category 4 spills to the online CIWQS
Sanitary Sewer System Database, by February 1st
after the end of the calendar year in which the
spills occur.
(Section 3.4, 3.6, 3.7
and 4.4 of Attachment
E1)

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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT E2 – SUMMARY TABLES FOR NOTIFICATION, December 6, 2022

MONITORING AND REPORTING REQUIREMENTS
E2 - 4
Table E2-5
Enrollee Owned and/or Operated Lateral Spills That Do Not Discharge to Surface Waters Spill
Requirements Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of a
spill of 1,000 gallons or greater, from an enrollee-
owned and/or operated lateral, discharging or
threatening to discharge to waters of the State:

Notify California Office of Emergency Services and
obtain a notification control number.

Not applicable to a spill of less than 1,000 gallons.

California Office of
Emergency Services
at: (800) 852-7550

(Section 1 of Attachment
E1)
Monitoring Conduct visual monitoring. (Section 2 of Attachment E1)
Reporting
• Upload and certify a report, in an acceptable digital format, of all lateral spills (that do not discharge to a surface water) to the online CIWQS Sanitary
Sewer System Database, by February 1st after the
end of the calendar year in which the spills occur.
• Report a lateral spill of any volume that discharges
to a surface water as a Category 1 spill.
(Sections 3.6, 3.7 and

4.4 of Attachment E1)

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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT F – REGIONAL WATER QUALITY CONTROL December 6, 2022

BOARD CONTACT INFORMATION
F - 1

ATTACHMENT F – REGIONAL WATER QUALITY CONTROL BOARD CONTACT

INFORMATION
This Attachment provides a map, list of counties, and contact information to assist the Enrollee in identifying the corresponding Regional Water Quality Control Board office, for all Regional Water Board notification requirements in this General Order.

Region 1 -- North Coast Regional Water Quality Control Board:

Del Norte, Glenn, Humboldt, Lake, Marin, Mendocino, Modoc, Siskiyou, Sonoma, and Trinity counties.

[email protected] or (707) 576-2220
Region 2 -- San Francisco Bay Regional Water Quality Control Board:

Alameda, Contra Costa, San Francisco, Santa Clara (Northern most part of Morgan Hill), San Mateo, Marin, Sonoma, Napa, Solano counties.

[email protected] or (510) 622-2369
Region 3 -- Central Coast Regional Water Quality Control Board:

Santa Clara (most of Morgan Hill), San Mateo (Southern portion), Santa Cruz, San Benito, Monterey, Kern (small portions), San Luis Obispo, Santa Barbara, Ventura (Northern portion) counties.

[email protected] or (805) 549-3147
Region 4 -- Los Angeles Regional Water Quality Control Board:

Los Angeles, Ventura counties (small portions of Kern and Santa Barbara counties). [email protected] or (213) 576-6600
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STATEWIDE SANITARY SEWER SYSTEMS GENERAL ORDER 2022-0103-DWQ ATTACHMENT F – REGIONAL WATER QUALITY CONTROL December 6, 2022

BOARD CONTACT INFORMATION
F - 2

Region 5 -- Central Valley Regional Water Quality Control Board:

Rancho Cordova (Sacramento) Office: Colusa, Lake, Sutter, Yuba, Sierra, Nevada, Placer, Yolo, Napa, (North East), Solano (West), Sacramento, El Dorado, Amador, Calaveras, San Joaquin, Contra Costa (East), Stanislaus, Tuolumne counties.

[email protected] or (916) 464-3291 Fresno Office: Fresno, Kern, Kings, Madera, Mariposa, Merced, and Tulare counties, and small portions of San Benito and San Luis Obispo counties.

[email protected] or (559) 445-5116 Redding Office: Butte, Glen, Lassen, Modoc, Plumas, Shasta, Siskiyou, and Tehama counties.

[email protected] or (530) 224-4845 Region 6 -- Lahontan Regional Water Quality Control Board:

Lake Tahoe Office: Alpine, Modoc (East), Lassen (East side and Eagle Lake), Sierra, Nevada, Placer, El Dorado counties.

[email protected] or (530) 542-5400 Victorville Office: Mono, Inyo, Kern (East), San Bernardino, Los Angeles (North East corner) counties.

[email protected] or (760) 241-6583 Region 7 -- Colorado River Basin Regional Water Quality Control Board:

Imperial county and portions of San Bernardino, Riverside, San Diego counties.

[email protected] or (760) 346-7491
Region 8 -- Santa Ana Regional Water Quality Control Board:

Orange, Riverside, San Bernardino counties.

[email protected] or (951) 782-4130
Region 9 -- San Diego Regional Water Quality Control Board:

San Diego county and portions of Orange and Riverside counties.

[email protected] or (619) 516-1990

End of Order 2022-0103-DWQ
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City Council/Successor Agency Meeting J. 15.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a sole source purchase and Professional Services Agreement with Virtual Project Manager, LLC for construction management software and software training for an amount not to exceed $36,000 for an initial period of three (3) years with two (2) additional one-year renewal options for $12,000 annually, for a total agreement amount not to exceed $60,000 (Municipal Utilities and Engineering Director Harris)
MOTION(S):

I move that the City Council approve a sole source purchase and Professional Services Agreement with Virtual Project Manager, LLC to furnish and provide construction management software and software training for an amount not-to-exceed $36,000 for an initial period of three (3) years with two (2) additional one-year renewal options for $12,000 annually for a total agreement amount not to exceed $60,000.

RECOMMENDATION:

Staff recommends City Council approval of a sole source purchase and Professional Services Agreement with Virtual Project Manager, LLC for construction management software and software training for an amount not-to-exceed $36,000 for an initial period of three (3) years with two (2) additional one-year renewal options for $12,000 annually for a total agreement amount not to exceed $60,000.

DISCUSSION:

Each year, the Municipal Utilities and Engineering Department (MUED) manages the construction of dozens of Capital Improvement Projects (CIP) valued from less than $50,000 to more than $8,000,000 each. Efficient project management is necessary to ensure projects are delivered on-time and on-budget each year. In September 2018, MUED staff began using a Redlans Regular Meeting of 09-05-2023
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on-budget each year. In September 2018, MUED staff began using a construction project management tool produced by Virtual Project Manager, LLC (VPM) to improve project communication with construction contractors. The agreement with VPM will expire in mid September 2023.

VPM is a construction management tool that uses a centralized database that may be updated in real time by contractors and MUED staff. VPM includes standard project documents as well as project specific summary reports and documents, change order requests, submittals, requests for information, daily logs, project contacts, payment tracking, and task assignments. VPM also provides automated email notifications, which reduces paperwork and improves construction management processes. Continuing to use VPM ensures continuity of operations since MUED staff are very familiar with the product and only periodic renewal training is necessary. Therefore, staff recommends City Council approval of a sole source purchase and agreement with VPM for construction management software and support services. The VPM Professional Services Agreement includes an initial term of three (3) years for $36,000 and allows for two (2) additional one-year extensions for $12,000 each year, for a total potential term of five (5) years and value of $60,000.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

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

Goutam K. Dobey, City Engineer
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Fiscal Impact
Fiscal Year: FY 23/24
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 211400; 501900; 521900
Discussion:

The VPM Professional Services Agreement includes an initial term of three (3) years for $36,000 and allows for two (2) additional one-year extensions for $12,000 each year, for a total potential term of five (5) years and value of $60,000. The FY 23/24 MUED budget includes funding for the first year of the agreement and future fiscal year budgets will include funding for the remaining years of this agreement.

Attachments
Virtual Project Manager Agreement
VPM Sole Source Form
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of Construction Management Software and Software Training (“Agreement”) is mad e and entered in this 5th day of September, 20 23 (“Effective Date”), by and between the City of Red lands, a mun icipal corporation (“Ci ty”) and Virtual Project Manager, LLC , an Oregon Limited Liability Company (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide construction management software and software training services for City (the “Services”).

1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it h as the skill and the professional expertise necessary to prov ide the Services to City at a level of co mpetency presently maintained by other pra cticing professional consultants in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONSULTANT

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

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

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s rep resentative with respect to performance of the Services, and such person shall have the autho rity to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

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

4.2 The Term of this Agreement shall be for a period of three (3) years from the Effective Date of this Agreement (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one (1) year extensio ns (each, an Redlans Regular Meeting of 09-05-2023
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2 I:\cmo\Agreements\Virtual Project Manager FY22-0211.doc-jm “Extended Term”), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term.

4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available t o City, consistent with City Council-adopted policy for the same. It sh all be the obligation of Consultant t o obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 The total compensation for Consultant’s performance of the Services shall be as follows:

Initial Term: not to exceed the amount of thirty-six thousand dollars ($36,000).

Extended Term: not to exceed the amount of twelve thousand dollars ($12,000) annually.

The total contract, with extensions shall not exceed sixty thousand dollars ($60,000). City shall p ay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “ A,” titled ( “Scope of Services and Fee Schedule ”) which is attached hereto and incorporated herein by reference.

5.2 Consultant s hall submit mont hly invoi ces to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of ho urs spent and by wh om, and a descri ption of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

5.3 Any n otice or other communicati on required, or which may be gi ven, 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 reque sted; (iii) on the ac tual delivery date if depo sited wit h an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail ; in each case prop erly posted and fully pre paid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Lex Zuber, CEO-President
City of Redlands Virtual Project Manager, LLC
35 Cajon Street P.O. Box 8127 (mailing)
P.O. Box 3005 (mailing) Bend, OR 97701
Redlands, CA 92373 [email protected]
(760) 881-6627

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6.1 The following insurance coverage required by this Agreement shall b e maintained by Consultant for the duration of its performance of the Ser vices. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement o f the Services. Insurance policies shall i nclude a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meet s statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “B,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,0 00) per occurrence and Two Million Dollars ($2,000,000) aggregate , for public liability, property damage and personal injury is required. Ci ty shall be name d as an additional insured and such insurance shall be pri mary and non -contributing to any insurance or sel f-insurance maintained by City.

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

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

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

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property Redlans Regular Meeting of 09-05-2023
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ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant covenants and represents that it does not have any inves tment or interest in any real property tha t may b e the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant f urther covenants and represents that in th e perfo rmance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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

A. Does not make a governmental decision whether to:

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

B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmen tal decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

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

ARTICLE 8 – GENERAL CONSIDERATIONS

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

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

8.3 Consultant is for all p urposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduc t of Consultant or Consultant’s employees, except as herein set forth. Con sultant shall supply all necessary tools an d inst rumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the accoun t of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor sh all Consultant have any authority, express or implied, to bind City to any obligation.

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

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

8.6 This Agreement, includi ng the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters c ontained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are supe rseded by this Agreement. Except as otherwise provided for herein, an y amendment to this Agreement shall be in writing, approved by City an d signed by City and Consultant.

8.7 This Agreement shall be governed by and construed in accordance with the laws of th e State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in con nection with thi s Agreement shall be tried Redlans Regular Meeting of 09-05-2023
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6 I:\cmo\Agreements\Virtual Project Manager FY22-0211.doc-jm and litigated only in the state courts located in San Bernardino County, C alifornia, and the federal courts located in Riverside County, California.

8.8 If one or more of the sentences, clauses, paragraphs or section s contained in t his Agreement is declared invalid, void or unenforceable b y a court of competent jurisdiction, the sa me shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, claus es, paragraphs o r sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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

CITY OF REDLANDS Virtual Project Manager, LLC

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Lex Zuber, CEO-President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 I:\cmo\Agreements\Virtual Project Manager FY22-0211.doc-jm EXHIBIT "A"

SCOPE OF SERVICES
AND

FEE SCHEDULE

The proposed construction management software shall provide the follow ing integ rated functionality (meaning the individual components utilize a shared repository of information and processes to ensure that all users have access to the same information, that redundant data entry is not required and that each of the components has a similar “look and feel”:
1) Consultant shall provide the ap propriate resources to modify or enhance applications to ensure the software will support City’s business requirements; 2) Consultant shall customize standard forms (up to 10 forms) to meet the Ci ty’s need. The City will provide markups on various standard f orms within the City. The Consultant will be required to create the forms with the City provided files;
3) Consultant shall develop document management system for incoming and outgoing correspondence including provided recommendations;
4) Consultant shall provid e training to City staff consisting of up to 40 hours of onsite training for various functions within the software including, but not limited to, change management, change orders, progress paym ent proce ssing, submittal review, requests for information revi ew and documentation of correspondence. The training period may be broken into various phases, based on City needs;
5) Consultant shall provide support for troubleshooting, problem resolution, enh ancement and support services for the software;
6) At the discreti on of City, consultant support shall be assigned and resided at the City’s office during business hours;
7) Software shall allow an unlimited number of users;
8) Software shall have a place to store/ attach al l documents pertinent to the project; plans, specifications, notice to proceed, City forms, etc.;
9) Software shall allow daily logs to be entered in the field and have a place to track labor, material and equipment on each day with pull -downs entered at the start of a job, as well as attach all necessary documents while in the field;
10) Daily logs shall time stamp all documents entered;
11) Software shall produce weekly statement of working days; 12) Software shall have the option of calendar days or working da ys and ca lculate the completion date given the start date and number of days in contract; 13) Software shall allow both the City and contractor to enter requests for information (RFI’s), submittals, payment applications and change orders;
14) Software shall allow an unlimited number of users;
15) Software shall have a storm water module;
16) Software shall send out “ball-in-court” emails to remind people of outstanding tasks; 17) Software shall track each submittal review and provide a summary of how many reviews, comments made and days associated with the review;
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8 I:\cmo\Agreements\Virtual Project Manager FY22-0211.doc-jm 18) Software shall have an approval process for change orders and payments; 19) Software shall allow certified payroll (CPR) to be submitted from contractor and check CPR for violations;
20) Software shall have a place to attach preliminary notices so contractor is aware of the releases they will need;
21) Data migration that occurs in the future shall be planned and managed by City personnel with consultants assistance;
22) The City is currently using LASERFICHE for document management, upon termination of the contract, consultant shall work with the City and/or LASERFICHE directly (or current document management consultant) to migrate all necessary data;
23) Software shall be guaranteed a 99.999% uptime;
24) At any given time, should the City n eed a copy of the software database, the vendor shall be able to export all databases into a backup file that can be imported into a Microsoft Structured Query Language (SQL) Server database;
25) The hosted site must provide a secure connection using Secure Sockets Layer (SSL); 26) Services shall be made available through redundant datacenters to increase system availability; 27) Software systems shall be backed up daily to ensure City data is protected in anticipation of disaster recovery; and
28) Technical support must b e availab le for City Staff at a minimum during norm al business operations Mon-Fri 7:30 – 5:30 PST.

Year 1-5: $12,000/year

Software License (Unlimited Concurrently running projects open and closed)
$1,000.00/Month
Users can be set up on an as needed basis at no additional cost. $0 Unlimited users $0
Unlimited Storage $0
Unlimited Projects $0
Technical support (8-5 PST) No additional cost $0

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EXHIBIT B

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

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

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or t o underta ke self - insurance in accordance with the provisions of that Code, and I will comply with s uch 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 emp loy any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any ti me, if I employ an y person such that I become subject to the workers’ compensation laws of California, immediately I shall provide th e City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

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

Virtual Project Manager, LLC

By: Date: ___________________
Lex Zuber, CEO-President

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City Council/Successor Agency Meeting J. 16.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support for $2,625 related to the The Artlands Walk event hosted by The Artlands Creative to be held on September 30, 2023; approve a request to temporarily close East Vine Street from Cajon Street to 6th Street and Civic Center parking lot; authorize the request for the sale and consumption of alcoholic beverages at the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

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

1. I move to authorize and approve a request for in-kind support in the amount of $2,625 related to this event; and

2. I move to authorize the temporary street closure of East Vine Street from Cajon Street to 6th Street and Civic Center parking lot; and

3. I move to approve the request for the sale and consumption of alcoholic beverages for The Artlands event to be held on September 30, 2023.

4. RECOMMENDATION:

Staff recommends that City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary closure of East Vine Street from Cajon Street to 6th Street Civic Center parking lot on September 30, 2023, for the Artlands event.

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concerning the request for in-kind support and the request for the sale and consumption of alcoholic beverages.

DISCUSSION:

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

The Artlands Creative is requesting approval to temporarily close East Vine Street from Cajon Street to the 6th Street Civic Center parking lot for the event.

Additionally, they are requesting in-kind support in the amount of $2,625 for departmental resources including Facilities and Community Services and Police Personnel. The Artlands Creative is a non-profit organization operating out of the City of Redlands. The Artlands Creative will be responsible for operating the proposed pouring station and for obtaining the daily license to serve alcohol from the Office of Alcohol Beverage Control. The Artlands Creative is requesting permission to serve beer at the event that will end no later than 7:00 p.m. The City Council's approval is necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559; therefore, the granting of this request is outside city staff's purview.

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

ALTERNATIVES:

The City Council may deny the request or waive a portion of the fees.

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:

Christopher Boatman, 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
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:

The 2022-2023 FY Actuals column displays the total in-kind support costs incurred by the City for events held by the requesting organization last fiscal year. The 2023-24 column itemizes the costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources estimated to support the current proposed event. Departmental Charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
Estimated In-Kind
Support Costs
Type 2022-23 FY
Actuals
Police Personnel1 $1,500.00 Hard
Cost
$2,250.00
Fire Personnel1 $ Hard
Cost
$
Fire Equipment $ Soft
Cost
$
Facilities & Community
Services Personnel1
$1,125.00 Hard
Cost
$1,680.00
Facilities & Community
Services Equipment
$ Soft
Cost
$
Personnel & Equipment
Subtotal
$2,625.00 $3,930.00
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Fees Established by City
Council
Resolution
$0 $0
Total Departmental Charges
and Fees
$2,625.00 (hard)
$0 (soft)
$2,625.00 (Total)
$3,930.00
(Total)
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 waiver of fees 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
Waiver
Amount
Net
Amount
$83,077.00 $6,018.00 $0.00 $89,095.00 $89,095.00
Attachments
In-kind Request
Authorization to Serve Alcohol
Verification of non-profit
Artland Closure area
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CITY OF REDLANDS

APPLICATION REQUESTING AUTHORIZATION TO SERVE ALCOHOL

TYPE/NAME OF EVENT: ___________________________________________________________________________ DATE OF EVENT: ______________________________ HOURS: ____________________________ LOCATION: ___________________________________________________________________________ APPLICANT’S INFORMATION:

INDIVIDUAL/ORGANIZATION NAME: __________________________________________________________________ CONTACT PERSON: ________________________________________ PHONE: ______________________________ EMAIL: ______________________________________ ADDRESS: ________________________________________ EVENT INFORMATION:

ARE FEES BEING CHARGED FOR EVENT? YES NO PRICE: __________________ ARE FEES BEING CHARGED FOR ALCOHOL? YES NO PRICE: _______________ TYPE OF ALCOHOL BEING SERVED: BEER WINE DISTILLED SPIRITS

RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE
I, the undersigned, representing _______________________________________ and in consideration of being permitted to conduct the Event, agree that the members/participants of ___________________________________________ shall defend, indemnify and hold harmless the City of Redlands, its elected officials, officers, boards, commissions, agents and employees from and against any and all claims, demands, actions, suits, damages, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of the use of City of Redlands’ facilities.

The members/participants of __________________________________________ hereby release, discharge and agree not to sue the City of Redlands for any injury, death or damages to or loss of property arising out of or in connection with this event from whatever cause.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO USE AND FULLY UNDERSTAND ITS CONTENTS. I

REPRESENT I HAVE THE FULL AUTHORITY TO EXECUTE THIS FULL RELEASE OF LIABILITY ON BEHALF OF THE MEMBERS/PARTICIPANTS OF _______________________________________________________________AND THAT I HAVE SIGNED THIS AGREEMENT ON:

Date: ______________ Signature: _______________________________________________

AUTHORIZATION
Pursuant to the use of alcohol within the City property noted above, the City of Redlands grants you permission to do so with the following conditions set forth by the City Council:

ALCOHOL RELATED TO PARKS:

Redlands Municipal; Code, Section 12.44.270 does allow, pursuant to a written permit from the Quality of Life Director, a person or persons to drink or consume alcoholic beverages in public parks, only in enclosed public areas as defined by resolution of the City Council. Any other locations within the City’s property requires the City Council approval and designation of the place for the sale and consumption thereof.

Tape or fencing of some kind shall be used for setting off the area for which the alcoholic beverages are served and consumed. Alcohol sales and distribution shall cease one hour prior to end of the event unless otherwise directed by RPD or ABC office.

ALCOHOL RELATED TO AIRPORT:

12.56.090: USE OF INTOXICATING LIQUOR OR DRUGS: No person shall operate or assist in the operation of any aircraft while under the influence of, or using, any intoxicating liquor or habit forming or hallucinatory or narcotic drug. No alcoholic beverage may be consumed or sold on the airport unless the city council shall have approved and designated the place for the sale and consumption thereof.

APPROVED: __________________________ DATE: _______ DENIED: _______________________ DATE: ______ CITY COUNCIL DATE (if applicable): _______________
1pm - 7pm

ARTLANDS
9/30/2023
East Vine Street, City Hall Breezeway/Parking Lot
The Artlands Creative
Daniel Gohman (909) 519-0783
[email protected] 18 E. Vine St., Redlands, CA 92373 $8-$15
The Artlands Creative

ARTLANDS

ARTLANDS

ARTLANDS
6/26/2023







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Artlands Crea�ve Artwalk Street/ Area Closure

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City Council/Successor Agency Meeting J. 17.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for commercial vendors and the temporary closure of State Street for the Art-On-State-Street event on September 24, 2023, and determination that the event is categorically 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 request is appropriate, the following motions are provided:

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

1. I move to approve the special event and authorize the temporary closure of East State Street from 6th Street to 7th Street on September 24, 2023 for the Art-On-State-Street event hosted by the Redlands Art Association.

2. RECOMMENDATION:

Staff recommends that the City Council direct staff accordingly regarding the event, commercial vendors and temporary street closure request of East State Street from 6th Street to 7th Street for the Art-On-State-Street event hosted by the Redlands Art Association on September 24, 2023.

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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 issuing 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.

The non-profit organization, Redlands Art Association, has hosted other events in Redlands and is requesting to hold the Art-On-State-Street event on Sunday, September 24th, on East State Street between 6th and 7th Streets from 10:00 a.m. to 4:00 p.m. The Redlands Art Association is a 501(c)3 organization that intends to use proceeds from the event to further art education at their art center downtown. The Redlands Art Association is also requesting to have commercial vendors with various sales of artwork, approximately 39 artists or vendors. City Council approval is required for the event because of the request for the temporary street closure and because the Municipal Code prohibits commercial activity and special events to take place within a city street.

The City Council has approved commercial activity within a city street for non-profit events in the past. Therefore, the Council's approval is needed for this request. Should the City Council elect to approve the event, the following conditions of approval will apply: the event will be held on East State Street from 6th Street to 7th Street, all commercial vendors shall have a current City of Redlands business license to participate in the event, and the event shall comply with all County of San Bernardino Health Permit regulations.

ALTERNATIVES:

The City Council may elect to deny the event, commercial activity, or temporary street closure.

STRATEGIC PLAN:

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

Enhance community events to better reflect Redlands' diversity and demographics.

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SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

Christopher Boatman, Assistant City Manager
Rachel Tolber, Police Chief
PREPARED BY:

Michelle Groenke, Administrative Assistant
Fiscal Impact
Fiscal Year: 2023/24
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:

If the event is approved, the applicant will pay any applicable fees associated with the event.

Attachments
Special Event Application
Non-Profit Verification
Art-On-State St Closure
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Redlands Art Association
EIN: 23-7292598 | 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
Auto-Revocation List
Organizations whose federal tax exempt status was automatically revoked for not filing a Form 990-series return or notice for three consecutive years.

Important note: Just because an organization appears on this list, it does not mean the organization is currently revoked, as they may have been reinstated.

Exemption Type: 501(c)(3)
Exemption Reinstatement Date: 11-15-2020
Revocation Date: 11-15-2020
Revocation Posting Date: 07-12-2021
Determination Letter
A favorable determination letter is issued by the IRS if an organization meets the requirements for tax-exempt status under the Code section the organization applied.

Final Letter(s)
FinalLetter_23-7292598_REDLANDSARTASSOCIATION_11092021_00.tif [https://apps.irs.gov/pub/epostcard/dl/FinalLetter_23-
7292598_REDLANDSARTASSOCIATION_11092021_00.tif]
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Art-On-State Street Closure

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City Council/Successor Agency Meeting J. 18.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request for the temporary closure of Clay Street, between Lugonia Avenue and Western Avenue, for the Boys and Girls Club of Greater Redlands-Riverside Day for Kids event on September 16, 2023, from 8:00 am to 4:00 pm, and determine that the event is categorically 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 request is appropriate, the following motions are provided:

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

1. I move to authorize the temporary closure of Clay Street, between Lugonia Avenue to Western Avenue, on September 16, 2023 for the Day for Kids event hosted by the Boys and Girls Club of Greater Redlands-Riverside.

2. RECOMMENDATION:

Staff recommends 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. Staff also recommends that the City Council authorize the temporary street closure request of Clay Street between Lugonia Ave and Western Ave for the Day for Kids event hosted by Boys and Girls Club of Greater Redlands-Riverside.

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DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for temporary street closures in areas of the City. Upon issuing a street closure permit, the event may take place contingent on the event organizer paying the required fees. The Boys and Girls Club of Greater Redlands-Riverside is requesting to hold the Day for Kids event on Saturday, September 16, 2023, at the Boys and Girls Club from 8:00 a.m. to 4:00 p.m.

City Council approval is required for the event because of the request for the temporary street closure. The City's Municipal Code prohibits commercial activity and special events from taking place within a city street. The City Council has approved commercial activity within a city street for non-profit events in the past. Therefore, the Council's approval is needed for this request. Should the City Council elect to approve the event, the following condition of approval will apply; the event will be held on Clay Street between Lugonia Avenue and Western Avenue.

ALTERNATIVES:

The Council may deny this request.

STRATEGIC PLAN:

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

Enhance community events to better reflect Redlands' diversity and demographics.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

Christopher Boatman, Assistant City Manager
Rachel Tolber, Police Chief
PREPARED BY:

Michelle Groenke, Administrative Assistant
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Fiscal Impact
Fiscal Year: 2023/24
Discussion:

There is no fiscal impact for this event.

Attachments
Verification of Non-Profit
Boys & Girls Club St Closure
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Boys & Girls Clubs of Greater
Redlands-Riverside
EIN: 95-6187083 | Redlands, California, United States
Other Names

BOYS AND GIRLS CLUBS OF GREATER REDLANDS RIVERSIDE

BOYS AND GIRLS CLUBS OF GREATER REDLANDS- RIVERSIDE
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
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 2020 Form 990
Tax Year 2019 Form 990
Tax Year 2018 Form 990
Tax Year 2017 Form 990
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Tax Year 2016 Form 990
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Boys & Girls Club Street Closure

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City Council/Successor Agency Meeting J. 19.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement with Geo-Logic Associates, Inc. to provide construction quality assurance, observation, regulatory compliance and documentation for Gas Extraction Wells Installation Phase 2 & 3 at the California Street Landfill in a total agreement amount not-to-exceed $194,138.16 (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move to approve an agreement with Geo-Logic Associates, Inc. for construction quality assurance, observation, regulatory compliance, and documentation for the Gas Extraction Wells Installation Phase 2 & 3 at the California Street Landfill in a total agreement amount not-to-exceed $194,138.16.

RECOMMENDATION:

Staff recommends that the City Council approve the agreement with Geo-Logic Associates, Inc. for construction quality assurance, observation, regulatory compliance, and documentation for Gas Extraction Wells Installation Phase 2 & 3 at the California Street Landfill.

DISCUSSION:

The Facilities and Community Services Department operates the City’s California Street Landfill (Landfill) located at the northerly terminus of Nevada Street, adjacent to the Santa Ana River Wash. The California Street Landfill is required by Federal, State, and County agencies to remain in compliance with regulatory requirements associated with the daily operations, monitoring, routine gas flare emissions, as well as reporting of the landfill gas extraction systems Redlans Regular Meeting of 09-05-2023
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gas flare emissions, as well as reporting of the landfill gas extraction systems and other reporting requirements. Although methane levels remain in compliance, gas concentrations have increased due to the insufficient number of wellheads located in phases 2 & 3. Thus, additional wellheads must be installed to mitigate gas control. If the City Council approves the construction contract for the project, construction quality assurance (CQA) will be required.

The Gas Extraction Wells Installation Phase 2 & 3 will be constructed according to approved plans which will require CQA observation, regulatory compliance, and documentation from a third party. CQA is implemented to ensure that the project is constructed to specifications, and all potential environmental impacts are addressed within regulatory compliance requirements. Construction of the Gas Extraction Wells Installation Phase 2 & 3 is expected to commence in late September 2023, with anticipated completion within 120 days of commencement.

In July 2023, City staff issued a request for proposals (RFP) in accordance with the City’s procurement policy. A total of 3 firms responded, as depicted in the following table:

Firm Name Responsive
Bidder
Responsible
Proposer
Project
Cost
Proposal
Geo-Logic Associates, Inc. X X X
LFG Engineering, Inc. X X X
Universal Engineering
Sciences
X X X
Geo-Logic Associates, Inc. was deemed to be the most qualified firm based on their demonstrated competence and qualifications necessary for the satisfactory performance of the services required, and the cost for such services. Staff recommends that the City Council approve the agreement with Geo-Logic Associates, Inc. for construction quality assurance, observation, regulatory compliance, and documentation for the California Street Landfill Gas Extraction Wells Installation Phase 2 & 3 project.

ALTERNATIVES:

City Council may elect not to approve the agreement with Geo-Logic Associates, Inc., and provide alternate direction for staff.

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STRATEGIC PLAN:

Supports Priority D- Sustainability.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

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

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: Yes
Appropriation Required Y/N: N
Amount: $194,138
Budgeted Y/N: Yes
Account No.: 511910-8501
Discussion:

Sufficient funding for this service is included in the Solid Waste Division's project budget (511910) for Fiscal Year 2023-24 as approved by City Council.

Attachments
Agreement with Geologic Assoc.

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1 I:\cmo\Agreements\Geo-Logic Associates, Inc.FY22-0227.docx-jm

AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for construction quality assurance services for the California Street Landfill Gas Extraction Wells Installation Phase 2 & 3 (“Agreement”) is made and entered in this 5th day of September 2023 (“Effective Date”), by and between the City of Redlands, a mun icipal corporation (“City”) and Geo-Logic Associates, Inc , a (“Consultant”). City and Consultant are sometimes individually referred to her ein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide construction quality assurance services for the California Street Landfill Gas Extraction Wells Installation Phase 2 & 3 services for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONSULTANT

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

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

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates Tabitha Crocker, Facilities and Community 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 the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one hundred twenty (120) days commencing as of the effective Date, unless terminated earlier as provided herein.

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

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2 I:\cmo\Agreements\Geo-Logic Associates, Inc.FY22-0227.docx-jm ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Total compensation for the Consultant’s performance of the Services shall not exceed the amount of One Hundred Ninety-Four Thousand One Hundred Thirty-Eight Dollars and Sixteen Cents. ($194,138.16). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “ B,” titled “Fee Schedule” which is attached hereto and incorporated herein by reference.

5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbur sable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.

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

CITY: CONSULTANT:

City Clerk David Harich, Principal In Charge
City of Redlands Geo-Logic Associates, Inc.
35 Cajon Street 2777 East Guasti Road, Suite 1
P.O. Box 3005 (mailing) Ontario, CA 91761
Redlands, CA 92373 [email protected]
[email protected] Phone: 909-626-2282
Phone: (909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.

Consultant shall provide City with certificates of insurance and endorsements ev idencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to Redlans Regular Meeting of 09-05-2023
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3 I:\cmo\Agreements\Geo-Logic Associates, Inc.FY22-0227.docx-jm City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consult ant shall execute and provide City with Exhibit “ C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate , for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

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

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

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

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

ARTICLE 7 – CONFLICTS OF INTEREST

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

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

A. Does not make a governmental decision whether to:

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

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

7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, State ment 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 the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in - house counsel by a Party.

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

8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity Redlans Regular Meeting of 09-05-2023
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8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consul tant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed S ervices, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the 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, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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

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

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

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, 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 herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS GEO-LOGIC ASSOICATES, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor David Harich, Principal In Charge

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

Consultant Construction Quality Assurance (CQA) services during the California Street Landfill Gas Extraction Wells Installation Phase 2 & 3 will include monitoring through observation, regulatory compliance, and documentation along with technical specifications, construction drawings, and the following provisions:
• Survey, Layout and protection of Existing Facilities
• Landfill Gas Well Drilling
• Single, Landfill Gas Extraction Wellhead Installation and Backfill • Landfill Gas Extraction Wellhead Installation and Connection to Lateral • Drill/Abandon Unusable Well Borings
• Provide and Install LFG Well Lateral Pipe, with Supports and Guides • Provide and Install Fittings, Valves, and Other Appurtenances • Provide and Install 4-inch Fittings, Valves, and Other Appurtenances • Provide and Install Soil Ramps and Road Crossings
• Traffic Control
• Construction and Site Management

The following tasks provide a description of how Construction Quality Assurance will be completed.

Project Management
Consultant will assign technical professionals experienced with landfill Gas Collection and Control System (GCCS) construction to monitor gas well construction and piping installation as required by the project. Consultant will coordinate construction oversight with the City’s Solid Waste Manager, third party design engineer and will coordinate and attend weekly construction meetings. Consultant will assign a project manager/certifying engineer that will assist the City with submittal and RFI review and prepare and certify the Final CQA Report for agency submittal. The Project Manager will provide daily CQA reports in the field that will be organized and presented to the City during weekly construction meetings and made available to the agencies as required for the duration of the project. All management and administrative hours for the project are included in this task and provided in the Fee Schedule.

CQA Field Services
Consultant will provide an experienced full time professional CQA technician for the duration of the project. The technician will observe and monitor the Phase 2 & 3 construction in accordance with the project plans, specifications, and special provisions. Consultant will monitor project layout, drilling, record drilling using well logs or similar, well construction, and waste disposal.

If the construction contractor schedules additional construction activities, Consultant will assign a part time CQA monitor to provide observation for those activities, e.g., landfill gas header/lateral conveyance piping installation, pipe anchoring, trenching and backfilling, well head installation, and connection to the existing GCCS. Consultant technicians will monitor Redlans Regular Meeting of 09-05-2023
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Final Construction Documentation Report
Consultant will compile and prepare a Final CQA Report using daily and weekly construction activity logs and observation activities, submittals, job site photos, weekly meeting minutes, and project as built for submittal to the City within 30 days of completion. Consultant will respond to one round of City comments and submit the Final CQA Report to the Santa Ana Regional Water Quality Control Board ( RWQCB). The Final CQA report will include a Certification Page sealed by a professional Civil Engineer verifying that the project was constructed in conformance with the Construction Drawings, Specifications, and Special Provisions or approved changes and meets the requirements for GCCS expansion as intended.

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FEE SCHEDULE

PROFESSIONAL STAFF
Staff Professional I …………………………………………………………………………….$128.00/Hour Staff Professional II …………………………………………………………………………….142.00/Hour Staff Professional III …………………………………………………………………………....156.00/Hour Project Professional I …………………………………………………………………………...170.00/Hour Project Professional II …………………………………………………………………………..185.00/Hour Project Professional III ………………………………………………………………………….200.00/Hour Senior Professional I …………………………………………………………………………….215.00/Hour Senior Professional II …………………………………………………………………………...230.00/Hour Senior Professional III …………………………………………………………………………..245.00/Hour Principal Professional I ………………………………………………………………………… 260.00/Hour Principal Professional II …………………………………………………………………………274.00/Hour Principal Professional III ……………………………………………………………………….. 289.00/Hour Court Appearance (Expert Witness, Deposition, etc.; four-hour minimum)………………...…...2 x Hourly Rate

FIEL/LABORATORY STAFF
Technician I …………………………………………………………………………………….95.00/Hour Technician II ……..…………………………………………………………………………….108.00/Hour Technician III (or Minimum Prevailing Wage)….……………………… …………….............122.00/Hour Technician IV…………………………………………………………………………………...135.00/Hour Laboratory Manager………………………………………………………………………….....169.00/Hour Principal Technician …………………………………….……………………………………...170.00/Hour

CADD/GIS
CADD/GIS/Database Manager I……………………………………………………………….108.00/Hour CADD/GIS/Database Manager II………………………………………………………………128.00/Hour CADD Designer……………..……………………………............................. .………...............142.00/Hour GIS Specialist…………………………………………………………………………………...142.00/Hour

SUPPORT STAFF
Administrative Assistant I ………………………………………………………………….….108.00/Hour Administrative Assistant II…………………………………………………………………..…125.00/Hour Administrative Assistant III……………..…………………………….......………....................122.00/Hour Technical Editor………………………………………………………………………………...101.00/Hour Senior Technical Editor……………..……………………............................ ………..................142.00/Hour *Overtime Premium is 35% of PERSONNEL CHARGE

EQUIPMENT CHARGES
BAT Permeameter ………………………………………………………………………………200.00/Day Compaction Testing Equipment & Supplies………………………………………………….... 50.00/Day Peel & Shear Strength Apparatus (FML Seams) ………….………………………….……........900.00/Month Portable Laboratory (8’ x 32’ trailer) with equipment……………………………………..........1,200.00/Month Portable Laboratory (mobilization/demobilization)……………………………………….... ......1,500.00 ReMi/Refraction Seismograph ………………………………………………………………….600.00/Day Sealed Single Ring Infiltrometer (SSRI)…………………………………………………200.00/Day or 750.00/Month Sealed Double Ring Infiltrometer (SDRI)……………………………………………………...Call for Quote Slope Inclinometer ……………………………………………………………………………..250.00/Day Unmanned Aerial Vehicle (Drone) Reconnaissance……………………………………………130.00/Day

EXPENSES
Vehicle Use for Field Services………………………………………………………….…15.00/Hour or 350.00/week Soil Sampling Equipment & Drilling Supplies………………………………………...… ……..5.00/Hour Redlans Regular Meeting of 09-05-2023
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10 I:\cmo\Agreements\Geo-Logic Associates, Inc.FY22-0227.docx-jm Groundwater Sampling Equipment and Supplies …….…….………………….……..... ..................15.00/Hour Per Diem………………………………………………….…Lesser of (Cost + 15%) or (Local Government Rate) Outside Services (Consultants, Surveys, Chemical lab Tests, etc.)…………… ……………………Cost + 15% Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.)……………………………..…Cost

TESTING TEST METHOD UNIT RATE Moisture Content, gravimetric……………………………………………..D2216/D4643…………..$25/Test Moisture Content (volumetric and gravimetric) and Bulky Density………D7263…………………..$40/Test Porosity…………………………………………………………………….…………………….…... $250/Test Particle Size Analysis
Standard Sieves and Hydrometer……………………………......D422………………….....$230/Test Particle Size Analysis – Dry Sieve.…………………………...…D421…………………….$105/Test Particle Size Analysis – Aggregate, no hydrometer…………......D422/C136/CT202……...$180/ Test Particle Size Analysis with Gravel with hydrometer…………….D422……………………$250/Test Percent Passing #200 Sieve………………………………...........D1140/C117…………….$90/Test Atterberg Limits
Liquid Limit, Plastic Limit, Plasticity Index (LL, PL, and PI)….D4318 ……………………$190/Test Liquid Limit……………………………………………………..D4318……………………$105/Test Plastic Limit……………………………………………………..D4318/CTM 204……….. $105/Test Specific Gravity, Fine (<4.75mm diameter materials)……………………D854……………………. $110/Test Specific Gravity, Coarse (>4.75mm diameter materials)…………………C127……………………..$130/Test Proctor Compaction Test
Method A or B (<25% retained on a 3/8”sieve)…………………D698/D1557……………$225/Test Method C (>25% retained on a 3/8”sieve)………………………D698/D1557……………$265/Test Moisture Density Single Point, std/mod (proctor check point)… D698/D1557…………....$90/Test Moisture Density Curve…………………………………………………..CTM 216………………..$225/Test Percent Organic Matter by Muffle Furnace……………………………….D2974…………………..$105/Test Hydraulic Conductivity, Fixed Wall, up to 6” Diameter Cell…………….Modified………………..$315/Test Flexible Wall Method, 1” to 4” Diameter Sample………………………..D5084…………………..$370/Test Consolidation Test (single point)…………………………………………D2435…………………..$105/Test Consolidation Test (without rate data)……………………………………D2435…………………..$190/ Test Test rate data per load increment…………………………………………D2435…………………..$70/Test -Load Expansion Index of Soils…………………………………………………D4829…………………..$180/Test Expansion Indext Test w/Cement of Lime treated soils………………….D4829…………………..$220/Test Unconfined Compressive Strength (UC), 2-3”…………………………...D2166…………………..$110/Test Unconsol.-Undrained Triax. Compression (UU), 2-3”, 1-pt test………...D2850…………………..$215/Test Consolidated Undrained Triax. Compressions (CU), 2-3” (per point)…...D4767…………………..$500/Point Consolidated Drained Triax. Compressions (CD), 2-3” (per point)…….. D7181…………………..$745/Point Direct Shear Test (saturated)……………………………………………..D3080…………………...$90/Point Direct Shear Test (saturated, recycled – strain rate 0.0042”/min)………..D3080…………………..$155/Point Direct Shear Test (consolidated drained)…………………………………D3080…………………..$205/Point Direct Shear Test (consolidated drained, residual)……………………….D3080…………………..$315/Point Direct Shear Test (at natural moisture) …………………………………..D3080 …………………..$80/Point R-Value………………………………………………………………….. D2844/CTM301………..$265/Test Sand Content…………………………………………………………….. D2419/CMT217………. $100/Test Durability Index (coarse)…………………………………………………D3744/CMT229………..$200/Test Durability Index (fine)……………………………………………………D3744/CMT229………..$160/Test R-Value (lime- or cement-treated soild)………………………………….D2844/CTM301………..$315/Test Compressive Strength, Soil-Cement……………………………………...D1633/D1632…………. $205/Point Pocket Penetrometer…………………………………………………………………………………$20/Test pH of Soil…………………………………………………………………………………………….$25/Test
Chloride Content (subcontracted)…………………………………………CTM422……………….$65/Test Sulfate Content (subcontracted)………………………………………….. CTM417……………….$65/Test Soil Resistivity (subcontracted)…………………………………………...G57/CTM643………….$125/Test Corrosion Series (Min. resistivity, pH, SO4 , CI; subcontracted) ……………………………………$205/Test Special sample preparation and laboratory testing not listed above will be charged at applicable personnel r ates.

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All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders will be subject to a 25 percent premium. Manpower requirements or test protocol may preclude the granting of a rush request.

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EXHIBIT C

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer , or as one employer in a group of employers, which may be given upon furnishi ng proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

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

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

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

Geo-Logic Associates, Inc.

By: Date: ___________________
David Harich, Principal In Charge

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City Council/Successor Agency Meeting J. 20.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids for the Runway and Apron Pavement Treatment Project at the Redlands Municipal Airport, Project No.

FCS662023JN (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council reject all bids received for the Runway and Apron Pavement Treatment Project at the Redlands Municipal Airport.

RECOMMENDATION:

Staff recommends that the City Council reject all bids received on July 20, 2023 for the Runway and Apron Pavement Treatment Project.

DISCUSSION:

The bids received for this project exceeded the estimated cost and Federal Aviation Administration (FAA) Airport Capitol Improvement Plan (ACIP) entitlement funds allocated to Redlands Municipal Airport. For this reason, all bids are being rejected. The project will be rebid in January 2024 once the upcoming FAA/ACIP entitlement funds for 2023/24 are allocated. At that time, the two allocations will be combined to provide sufficient funding to complete the project.

The scope of the project consists of the removal of the existing markings, removal of weeds, crack sealing/filling of runway 8-26 and the west apron, asphalt seal coating of runway 8-26, asphalt slurry sealing (Type II) of the west apron, and pavement re-markings for both the runway and west apron. City staff prepared the plans and specifications and advertised the project on June 13, Redlans Regular Meeting of 09-05-2023
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prepared the plans and specifications and advertised the project on June 13, 2023. On July 20, 2023, the City Clerk's office received and opened two (2) bids for the project. Staff reviewed the bids and identified that the lowest bid price exceeded the available funding.

BID OPENING REPORT SUMMARY
Bidder Bid Schedule Total
Price

1. All American Asphalt, Corona, CA $785,585.00

2. VSS International, West
Sacramento, CA
$788,887.00
ALTERNATIVES:

Not Applicable
STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:

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Allocated FAA ACIP funds are insufficient to cover the bids received for the project. Additional funds will be available in FAA fiscal year 2024 and the project will be re-bid at such time that funds are allocated and approved.

Attachments
Bid Opening Report
Bid Analysis
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ATTACHMENT "C"
PROJECT NO.FCS662023JN BID DATE: 20-Jul-2023
EST. START DATE: 1-Oct-2023
Unit Price Item Price Unit Price Item Price
1 Mobilization 1 LS $20,000.00 $20,000.00 $27,494.56 $27,494.56 2 Safety and Traffic Control 1 LS $225,000.00 $225,000.00 $74,800.00 $74,800.00 3 Runway 8-26 crack seal/fill per FAA AC 150-
5370-10H Item P-605 14,300 LF $3.50 $50,050.00 $1.22 $17,446.00 4 Runway Emulsified asphalt seal coat per FAA AC
150/5370-10H Item P-608 41,755 SY $3.00 $125,265.00 $7.64 $319,008.20 5 Install 18" wide white Runway edge marking 8,964 LF $3.00 $26,892.00 $0.84 $7,529.76 6 Install 10' wide white Runway threshold bar
marking 150 LF $18.00 $2,700.00 $12.32 $1,848.00
7 Install 3' wide yellow blastpad marking 1,020 LF $5.00 $5,100.00 $4.03 $4,110.60 8 Install 12" wide white Runway centerline marking 4,322 LF $2.00 $8,644.00 $1.29 $5,575.38 9 Install yellow Runway holding position marking 450 LF $18.00 $8,100.00 $8.51 $3,829.50 10 Install double yellow Taxiway solid edge marking 1,336 LF $2.00 $2,672.00 $1.29 $1,723.44 11 Install runway designation white marking 2 EA $2,200.00 $4,400.00 $2,100.06 $4,200.12 12 Install 6" wide yellow Taxiway centerline marking 2,526 LF $1.50 $3,789.00 $0.73 $1,843.98 13 Runway 8-26 Pavement markings removal 1 LS $50,000.00 $50,000.00 $34,059.20 $34,059.20 Total Base Bid
14 W Apron crack seal/fill per FAA AC 150-5370-
10H item P-605 9,100 LF $5.50 $50,050.00 $1.22 $11,102.00 15 Apron Emulsified asphalt slurry seal (type ll) per
FAA AC 150/5370-10H item P-626 64,100 SY $3.00 $192,300.00 $4.21 $269,861.00 16 Install 6" wide yellow Taxiway centerline marking 2,362 LF $1.50 $3,543.00 $0.73 $1,724.26 17 Install 6" wide yellow parking marking 2,280 LF $2.00 $4,560.00 $0.73 $1,664.40 18 Install yellow movement/non-movement marking 100 LF $9.00 $900.00 $3.70 $370.00 19 Install 12" wide white vehicle driveway edge
marking 540 LF $3.00 $1,620.00 $1.29 $696.60
Total Bid Additive
Total Base Bid Plus Additive Bid
$788,887.00$785,585.00
$532,612.00 $503,468.74

CITY OF REDLANDS

FACILITIES AND COMMUNITY SERVICES DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit All American Asphalt VSS International, Inc.

RUNWAY AND APRON PAVEMENT TREATMENT PROJECT
Bid Additive
$252,973.00 $285,418.26
Low Bidders #1, #2
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City Council/Successor Agency Meeting K. 1.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize expenditure of funds for travel to Sister Cities Hino,Japan, for Mayor Tejeda to attend the 60-year celebration of Hino's establishment, and the anniversary of the Sister Cities relationship (Mayor Tejeda)
MOTION:

I move to approve and authorize the expenditure of funds for travel to Hino, Japan by Mayor Tejeda.

DISCUSSION:

Redlands Sister Cities Association is a 501 (c) (3) non-profit organization that collaborates with the City of Redlands to "promote education, understanding, and friendship at home and abroad." The City of Redlands and the City of Hino, Japan began their sisterhood at Hino's establishment, nearly 60 years ago.

Minutes from the August 6, 1962 Redlands City Council meeting note that retired City Clerk Harry R. Whaley, while visiting Japan as a representative of the City of Redlands, contacted Hino city officials relative to an affiliation as a "sister city" to Redlands. The minutes further describe that the Council agreed that the undertaking was worthwhile. In September 1963, Redlands City Council approved underwriting the program "in the amount of $500 to enable the committee to function until it becomes self-supporting." Then Redlands Mayor Charles C. Parker asserted that the Sister Cities program had its origin in the State Department and participation was encouraged in the interest of world peace and understanding. In 1966, the City Council, under the leadership of Mayor Waldo F. Burroughs, proclaimed May 15-21 as Hino Week in the City of Redlands. In 2003, Councilmember Jon Harrison accepted an invitation to visit Hino to celebrate their 40th year anniversary. At the time, Councilmember Harrison reported that he was a member of a group of 11 people representing the City of Redlands, including then and current Sister City Association President Roy Cencirulo. Gifts from the trip are on display in the Japanese Redlans Regular Meeting of 09-05-2023
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Showcase located in the Council Chambers. The firmly established relationship between the two cities has provided the opportunity not only for officials to travel to and experience the sister cities, but also for Hino students to visit and tour the City of Redlands.

During a presentation to the City Council during its May 16, 2023 meeting, Caitlin Arakawa, of Sister Cities Hino, Japan, extended an invitation to Mayor Tejeda from Hino City Mayor Otsubo to attend Hino's 60th anniversary celebration this November. In addition to goodwill and cultural exchange, the trip will provide insight into the differences between the daily operations of the two cities, and an opportunity to learn what efficiencies might be implemented. The itinerary will include visitations to the following municipal locations:

Hino City Hall
Hino Municipal Clean Center Plastic Recycling Facility
Hino Community Center and Sports Facility
Tokyo Metropolitan Fire Station, in Hino
Hino Shinsengumi Historical Museum
Takahata Fudo Shrine and Museum
In accordance with Resolution No. 7938, Section 1, Mayor Tejeda is seeking City Council authorization for the expenditure of funds for his trip of goodwill to Hino, Japan in November 2023.

SUBMITTED BY:

Mayor Eddie Tejeda
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
PREPARED BY:

Jennifer Macias, Management Analyst
Fiscal Impact
Discussion:

Expense Cost
Flight $1,625.25
Lodging (estimated) $2,100
Incidentals (meals, transportation, baggage fees) $ 600 Total (estimated) $4,325.25
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Attachments
Hino, Japan Invitation
Resolution No. 7938
Hino Itenerary
Delta Flight
1966 Proclamation
1963 Funding Request
Aug. 6, 1962 Minutes
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RESOLUTION NO 7938

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ADOPTING AN EXPENSE AND USE OF PUBLIC RESOURCES POLICY
Whereas, the City Council ( the " Council") of the City of Redlands ( the " City") takes its stewardship oN•ei the use of its limited public resources seriously, and Whereas, public i esources should only be used when there is a substantial benefit to the City Council and the City of Redlands. and
Whereas, such benefits include ( 1) the opportunity to discuss the City' s concerns with state and federal officials, ( 2) participating in i egionaI state and national organizations whose activities affect the City, ( 3) attending educational seminars designed to improve officials' skill and information levels, and (4) promoting public service and moi ale by recognizing such service, and
Whereas, ( 1) legislative and other regional, state and fedei al City business is frequently conducted over meals ( 2) sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City' s policy concerns, and ( 3) each meal expenditure must comply with the limits and reporting requirements of local, state and federal law, and Whereas, this policy has been established to provide guidance to the Council on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured and
Whereas, this policy satisfies the requirements of Government Code sections 53232 2 and 53232 3, and
Whereas, this policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public i esources, and Whereas, this policy also supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax laws and Whereas this policy also applies to any charges made to a City credit card used by Council members and advances provided to Council members of the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows
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Section 1 Authoirzed Expenses City funds, equipment, supplies ( including letteihead), titles and staff time must only be used foi authorized City business The following types of expenses generally constitute authorized expenses, piovided the othei requn ements of this policy ai e met
A Communicating with representatives of regional state and national government on City adopted policy positions,
B Attending educational seminars designed to impiove officials` skill and information Levels,
C Participating in iegional, state and national organizations whose acts' sties affect the City' s interests,
D Recognizing service to the City ( foi example, thanking a longtime official oi employee with a retirement gift or celebration of nominal value and cost), E Attending City events,
F Implementing a City- appi oved sti ategy foi atti acting oi i etaming businesses to the City of Redlands, which will typically involve at least one staff member, All othei expenditui es, including international and out- of- state travel, i equn e pi ioi appi oval by the City Council.

Examples of personal expenses that the City will not reimburse include, but are not limited to
A The personal portion of any hip
B Political oi charitable contributions or events,
C Family expenses, including partner` s expenses when accompanying the Council membei on City - related business, as well as children or pet related expenses, D Entertainment expenses, including theater, movies ( either in -room oi at the theatei), sporting events ( including gym, massage and/ oi golf i elated expenses), of othei cultui al events,
E Non - mileage personal automobile expenses, including repairs, traffic citations insurance oi gasoline, and
F Alcohol and personal bar expenses and
G Personal lossesincurred while on City business Ariy questions 1egarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incuned
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Section 2 General Standards/ Cost Control The intent of this policy is to emphasize economy and piacticality with seasonable subsistence and accommodations while on City business The policy is not intended to address every issue; exception 01 contingency that may arise in the cour se of City ti avel oi attendance at meetings Accordingly, the basic standard that should prevail is to use good judgment m the use and stewardship of City funds Any deviations from the policy should be approved by theCity Council To conserve City resources and keep expenses within community standards foi public officials, Council members should adhere to the guidelines provided within this policy
Section 3. Piocedures foi Requesting TiainingtTiavel on City Business A Mandatory Use of the TiainingiTiavel Request Form
Completion of the Tialning/ Travel Form prior to traveling on City business is required whether or not one expects to receive an advance 01 reimbuisement for business related traming%travel expenses Not only does this document serve as authonzation to travel on City business, but it also serves as a summarization of the total cost of attending conferences meetings and seminals, and provides documentation of cash advances vendor payments and credit caid purchases The completed form shouldpiovide
a The purpose of the expendituie( s),
b The benefits of such expenditure to the City,
c The anticipated amount ofthe expenditure( s) ( foi example hotel rates, meal costs, and transportation expenses), and
d The dates of the expenditure( s)
2 Approval of the training/ travel for ni.may be made by the Redlands City Manager or his/ hei designee and must be obtained prior to submittal to the Finance Division B Methods of Payment for Tiaining/ Travel Expenses
1 The City will pay all legitimate expenses of training! tiavel foi City- ielated business, including transportation, lodging, registration fees, meals, and any other expenses incurred for official City business and in accordance with these guidelines There are four methods of payment that maybeused foi trami.ng/travel- ielated expenses individually oi in combination
a Direct payments to \• endois by check may be used to pay for specific costs related to the trip, usually for registration fees, lodging, and airfare b The City does not issue individual credit caids to Council members, however payments by a City credit card may be used to prepay travel expenses, including registration fees, lodging and airfai e, or may be used to cover business expenses as they arise on the trip City credit cards shall not be used for personal expenses, 3 l 1Resolutions\ Res 7900 7999\ 7938 Expense and Use of Pubitc Resources Policy updated ( 003) docx Redlans Regular Meeting of 09-05-2023
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even if the Council member subsequently reimburses the City e Reimbursement foi out- of- pocket expenses incurred by the Council membei is allowed and is preferred to a cash advance foi expenses whei e a specific d.ollai amount is not known m advance
d Cash advances may be paid to a Council member prior to his/ hertrip to covei expenses expected to ai Ise on the trip Cash advances should only be made for the maximum allowable meal allowance pei day, as defined herein, and any other expenses where the clonal amount is known in advance 1athei than based on estimation
Section 4 Allowable Types of Expenses
A Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and trine - efficient route In the event that a moie expensive transportation form 01route is used the cost borne by the City will be limited to the cost of the most economical, direct, efficient and reasonable transportation form unless otherwise approved by the City Council
1 kny chaige for an unused reservation shall be considered the personal responsibility of the Council member, unless failure to cancel the reservation was due to cn cuinstances beyond the Council member' s control Final determination on whethei such an expense becomes the personal responsibility of the Council membei will be made by the City Council
Automobile mileage is reimbursable at Internal Revenue Service rates presently in effect ( see WWW irs gov) These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with opeiating the vehicle This amount does not include bridge and road tolls which are also rerrxlbuisable with receipts
1 Airport parking may be used during travel on official City business and is reimbursable with receipts In accoidance with the intent and standaids set forth in this policy the most economical mode should be used ( i e long -teen parking whenevei reasonably practicable) Any other paticing required during the course of official City business is reimbursable with receipts
4 If car rental is required, a Council member may use a City credit caid or receive i eiinbursennent upon return from his/hei trip When determining the type of rental car to be used consideration should be given to the economic standards set forth in this policy and the appropriate use and stewardship of City funds 5 If local ground transportation is needed during a trip, the use of public transit such asairport shuttles buses, streetcars and subways is appropriate Use of hotel courtesy 4 I 1Resolut, ons\ Res 7900 7999\ 7938 Expense and Use of Public Resources Policy updated ( 003). docx Redlans Regular Meeting of 09-05-2023
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buses and local shuttles is also allowed and encouraged Use of taxis are allowed when other public transit 01 common carriers are not reasonably available Reimbursement iequests may include tips incuned as part of the ground transportation costs Receipts are required If a ieceipt is unavailable, the Council membei shall submit a reimbursement request that includes a rneinoi andum to the Redlands City Manager and Finance Director indicating- the type of ground transportation used. the distance tiaveled, the amount, and the reason a receipt is not being submitted ( Note Cash advances for ground transportation will only be given ‘ vhen the cost is known and documented prior to travel If amounts are unknown, reimbursement foi out- of- pocket expenses rs appiopnate ) B Lodging Lodging costs v ill be reimbursed or paid foi \ Ahen travel on official City business reasonably requires an overnight stay If such lodging is in connection with a conference, lodging costs should not exceed the gioup rate published by the conference sponsor foi the meeting in question For overnight stays in other contexts, reasonable rates foi a given ai ea will be reimbursed Consideration will be given to the distance fi om the hotel to the training 01meeting site Any chaige for anunused reservation shall be considered the personal responsibility of the Council membei, unless failure to cancel the reservation was due to cncumstances beyond the Council member' s contiol Final determination on whethei such an expense becomes the personal responsibility of the Council membei will be made by the City Council
C Meals and Incidentals ( Pei Diem) Pei Diem ieimbursement will be issued foi meals and incidentals for travel that is fifty ( 50) miles of more from City Hall The City' s per diem rates are based on the U S General Services Administration Guidelines_ which vary by location, and are listed online at www gsa gov In addition to meals, these rates shall govein reimbursement foi incidental expenses such as service tips ( e g housekeeping or porter tips) Incidental expenses, unless specifically cited below, will not be reimbursed
The maximum reimbursable giaturties foi meals is twenty percent ( 20%) of allowable meal expenses and taxes
O
For the first and last days of. travel, seventy five percent ( 75%) of the applicable GSA daily per diem rates will apply
Ef a complimentary meal is served on the plane, included in a conference registration fee, included within a standard, single hotel room rate, 01ieplaced by a business meal. the pei diem allowance for that meal may not be claimed Receipts are not required foi pei diem allowances
D Telephone/ Fax/ Cellular City Council members will be reimbursed foi actual telephone and fax expenses rncun ed on City business Telephone bills should identify which calls were made on City business
E Other expenses not already discussed in this policy, but reasonably incurred in the course of official City business may be reimbursed with the appi oval of the Redlands City Manager or his/ her designee and/ or the City Council Appropriate documentation 5 I \ Resolutions\ Res 7900 7999\ 7938 Expense and Use of Public Resources Policy updated ( 003). docx Redlans Regular Meeting of 09-05-2023
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should be provided with the reimbursement request Expenses for which Council members receive reimbuiseinent fiomanothei City are not reimbursable Section 5 Expense Report Content and Submission Deadline A Expense reports must document that the expense rn question met the requn ements of this policy For example. if the meeting is with a legislator, the Council membei should explain whose meals were purchased, what issues were discussed and how those relate to the City' s adopted legislative positions and priorities B Council members must submit then expense reports on an Expense Reimbursement Claim Form, whether of not they are receiving reimbursement of out- of- pocket expenses or whether they are clearing a cash advance within sixty (60) calendai days from the date the travel/ naming- was completed. accompanied by receipts documenting each expense
C The Expense Reimbursement Clain? Form should be signed by the Council member( s) whopal trcipated in the traimng/ travel, approved by the Redlands City Manager of his her designee and submitted to the Finance Department for review D Following reviewbythe Finance Department, the ExpenseReimbursem ent Claim Form will be returned to the Council membei who will then submit the form to the Ti easurei for cash reimbursement 01 to clear a cash advance
E Inability to plcA,ide such documentation in time required by this policy may result m the expense being borne by the Council membei
Section 6 Audits of Expense Reports All expenses are subject to verification of compliance with this policy
Section 7. Reports to City Council. At the following Council meeting, each Council membei shall bi lefly ieport, eithei veibally 01by written ieport on meetings attended at City expense If multiple Council members attended the meeting, anoint verbal 01 written report may be made Notice of the report shall be add to the agenda foi purposes of reminding the official to report and foi compliance with the Ralph M Brown Act Section 8 Compliance with Laws Council members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws All City expenditures ate public records subject to disclosure under the Public Records Act Section 9 Violation of this Policy Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following ( I) loss of reimbursement privileges, ( 2) a demand foi restitution to the City ( 3) the City' s reporting the expenses as income to the Council membei to state and fedei al tax authorities, ( 4) civil penalties of up to 1,000 per day and three times the value of the resources used, and ( 5) prosecution for misuse of public resources
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Section 10. Rescission of Prior Policy Resolution No 6467 of the City Council of the City of Redlands is hereby rescinded
ADOPTED, SIGNED AND APPROVED this 19th day of Novernbei, 2019 ATTEST
Donaldson, City Clerk
7 i.\ Resolutions\ Res 7900 7999/ 7938 Expense and Use of Public Resources Policy updated ( 003). docx aul W Foster, Mayor
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I, JeanneDonaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of November, 2019, by the following vote
AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster NOES None
ABSENT None
ABSTAIN None
Donaldson, City Clerk
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Hino City Welcome Plan for Mayor Eddie Tejeda of Redlands (Draft)

① Official welcome at City Hall
Date & Time: November 1, 2023（Wed）, 13:00 – 13:30
Place: City Hall conference rooms, etc.

Hosts: Mayor Otsubo, two Deputy Mayors, Education Director, City Council Chairperson

② Outings to facilities of historical, cultural and other interest Date & Time: Same day, 14:00 – 17:00
Facilities: About four choices from among Hinojuku Honjin, History Museum, Takahata -fudo Temple, Minami-daira Gym., Kojima Zentar o Memorial House, Kawasemi House, and Combustible Waste Processing Center.

Facilitators: City staff responsible for planning, peace & human rights, Shinsen-gumi programs, etc.

③ Networking reception for the Redlands delegation
Date & Time: Same day, 18:00 – 20:00
Hosts: High city officials, Education Director, City Council Chairperson, Planning Director, Peace & Human Rights manager
Place: To be fixed (Sushi restaurant, Unagi house, etc.)

④ Attendance to the 6oth Anniversary Commemoration of Hino’s City Incorporation Date & Time: Friday (Day of Culture), November 3, 2023, 10:00 – 12:00 (ceremonial proceedings) Place: Main auditorium of the City Hall

⑤ Networking with representatives from Shiwacho, Iwate Prefecture -another sister city of Hino Date & Time: Same day, 17:00 – 19:00
Attendees: Mayor, Education Director and City Council Chairperson from Shiwacho Facilitators: High officials of Hino, Education Director, City Council Chairperson, Industry & Sports Director, Industrial Promotion Manager

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Date of Purchase: Aug 07, 2023
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MINUTES of a regular meeting of the City Council , City of Redlands , he the Council Chambers, Safety hall , 212 Brookside Avenue , on Ma PRESENr Waldo F . Burroughs , Mayor
William T. Hartzell , Vice— Mayor
Norman N . Martinez , Councilman
Jack B. Cummings , Councilman
Charles G. DeMirjyn, Councilman
Ralph P. Merritt , Jr. , City Manager
Edward F. Taylor, City Attorney
Peggy A. Moseley , City Clerk
Ron Ribby , Redlands Daily Facts
Chuck Palmer, San Bernardino Sun
ABSENT None
The meeting was opened with the pledge of allegiance followed invocation by Reverend Elizabeth Reed of the Church of Religio Science .

Mayor Burroughs welcomed Miss Helene Villard and Mr. James Har who teach the Adult Education Class in American Government in night school. These teachers were present with their students Ronald Stutt , who teaches a high school government class and w also present with members of his class .

Phe minutes of the meeting of April 19 , Igoo , were approved as mitLed.

BIDS This being the date advertised for the opening of bids on the Avenue Sanitary Sewer installation, the following proposals we opened and publicly declared in the office of the City Clerk a Pioneer
U . M. , this date and referred to the Department of Public Works Avenue
Sewer study and recommendation :

Montclair Sewer Construction Co . 12 . 119. 10
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Sewer Service Inc . 7 , 173 . 03
Pomona , California
Mornarich Cons truct. LOTI GO . 9 , 339 - 25
Rialto , California
It is the recommendation of the Department of Public Works to accept the low qualified bid of Lloyd R. Johnson in the amount of 6 , 985 . 90 . On motion of' Councilman Martinez , seconded by Councilman Hartzell , the recommendation was approved by the City Council , HEA1UNGS
This being the time and place set for public hearing on Ordinance No. 1315 , an ordinance of the City of Redlands establishing the regula- Lions of excavation and fills on any lot , subdivision or parcel of finance ground an(-] repealing Ordinance Nos . 1235 , 1262 and 1283 . Mayor 1315 Burroughs at this time declared the meeting open as a public hearing ailing
of any protests or comment . City Manager Merritt presented two recommended changes in the Ordinance submitted to his office . Fol- lowing discussion, Attorney Taylor recommended that , if' it were the decision of the Council to accept the recommended changes , the Urdi- nance be given first reading at th- ts t- Lme and i ubllc hearing on this amended ordinance be set for May 17 , 1966 , at 7 : 00 P- M. Council con- curred on the recommended changes , gave Urdiriance No. 131 _ 5 first reading and laid it over under the rules with public hearing set for May 17, 1966.
i, TITIUNS
Mr. kobert Chambers , 1710 Country Club Drive , addressecl the Council concerning flooding of his property during a storm in August , 1965 , Mr. Chambers requested the City to install a drain adjacent to his ition property to divert storm waters in the future . Also speaking were bert Mr. Wilbur Hartzell of 1716 Country Club, Mrs . Robert Chambers and ambers
Dr . Norris Aardappel , 1797 Country Club Drive .

Manager Merritt pointed out to the Council that the problem arises due to runoff water and sand from the adjacent County area which has been recently developed for home sites . With the denuding of the land, substantial quantities are washed from the County area into Country Club Drive in front of these properties . The City has noti- fied the County on numerous occasions as to the problem, and is in nc way responsible for the condition . The flow of sand will stop only when plantings have grown in these denuded areas .

City Attorney Taylor stated that the City incurs no liability what- ever to owners and developers as a result of the issuance of subdi- vision maps , arid the application of building and development require- stents . Such recommendations establish minimum standards of construe tion, and the owners and subdividers have a legal duty to develop to even higher standards if necessary to avoid private liability to Redlans Regular Meeting of 09-05-2023
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appiicaLion.

PLANNING COMMISSION RECOMMENDATIONS
As considered by the City Council at a regular meeting thereof May 3 , 1966 , at 3 : 00 P. M.

Present : Councilmen Martinez , Hartzell , Cummings , DeMirjyn, M Burroughs ; Attorney Carl Davis
Before the Council conslderOd the agenda for this meeting, Mr.

John Wagner, Assistant to the City Manager, presented the Capi tal Improvement Budget for fiscal year 1966- 67 and the Long Range Capital Improvement Program, which blueprints facilities necessary for the next twenty years , based on an estimated 4 per cent per year growth in population. On motion of Council- man Hartzell , seconded by Councilman Cummings , Council will study this recommendation and consider it at the meeting of May 17 , 1966 .
1 . R. P. C . 260 - Precise Street Plan No . 6 That R. P. C. 260 - Precise Street Plan No . 6 - Precise Street Beautification Plan for the area generally bounded by Third Street on the west , Seventh Street on the east , Redlands Boulevard on the north and Citrus Avenue on the south, be ap- proved. Following description of the Plan by Mr. Robert Van Roekel and a report on the financial cooperation by the mer- chants given by Mr. Zafon Hartman of the Downtown Redlands Association, on motion of Councilman Cummings , seconded by Councilman Martinez , R. P. C. A0 was approved and Resolution No, 2519, a resolution of the City of Redlands for adoption of Precise Street Plan No . 6 was presented, with public hear- ing thereon set for May 17, 1966 .

The City Council unanimously authorized the Downtown Redlands Association to be in charge of maintenance of the beautified areas and agreed to reimburse the DRA in the amount of $ 1 , 725 annually. ( watering to be done when little traffic is on the sidewalk, )

21. R. P. C . 259 - Amendment No . 68 to Ordinance No . 1000 That R. P. C . 259 , Amendment No . 68 to Ordinance No . 1000 - FP Flood Plain) District - be approved. On motion of Councilman Hartzell , seconded by Councilman Cummings , R. P. G . 259 was ap- proved, and Ordinance No. 1316, an ordinance of the City of Redlands , Amendment No. o8 to Ordinance No. 1000, was intro- duced, given first reading of the title and laid over with public hearing set for May 17 , 1966 , at 7 : 00 P. M. 3 . Commission Review and Approval No . 194 - University of Redland Prior to Council discussion of C. R. A. No, 194 , Councilman Cummings absented himself from discussion and vote .

Mr . Larry Hendon of the University of Redlands appealed some of the requirements of Commission Review and Approval No . 194 , as stated in Planning Commission minutes dated April 26, 1966.

Following lengthy discussion, on motion of Councilman Martinez seconded by Councilman DeMirjyn, Commission Review and Approva No . 194 was approved, subject to the requirements of all depar ments as stated in Planning Commission minutes , dated April 26 1966 , with the deletion of Water Department Requirement Nos . 1 and 2 , by the following roll call vote :

AYES : Councilmen Martinez , DeMirjyn, Mayor Burroughs NOES: Councilman Hartzell
ABSTAIN : Councilman Cummings
ABSENT: None
4 . Tentative Map - Tract No. 77b5 - Chester Salisbury Redlans Regular Meeting of 09-05-2023
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InSLallea improvements In une manner aesygnatea by the Director Of Public Works , " and deleting Ilaaning Recommendation No . 3 .

On motion of Councilman Hartzell, seconded by Councilman Mar- tinez , the recommendation of the Planning Commission was adopted by the City Council .
5 . Lot Split No. 37) - John ' Tyler
That the request of John Tyler for permission to split property located on the east side of New York Street , south of freeway , M- 1 Zone - Lot Split No . 373 - be approved, subject to the recom- mendations of all departments as contained in Planning Commission minutes , dated April 26 , 1966 . At this time , Mr. Tyler addressed Council , requesting that Water Department requirements be de- ferred until such time as the property was built upon. Attorney Davis informed Council that this requirement could not be placed as a convenant on the land. Following discussion, this matter was tabled for further study by the Department of Public Works.

U. Lot Line Adjustment No . 58 - James and Flol hinr, That the request of James and Floy ping for approval of Lot Line Adjustment No . 58 for property located at 111 Carden Hill , R- E Zone , be approved subject to the recommendations of all depart- ments as contained In Planning Commission minutes , dated April 26, 1966. At this time , Mr. ping addressed Council questioning Engineering Department Requirement I - C and L . Mr. Ling was in- formed that the Advisory Committee could be requested to consider both items . On motion of Councilman Martinez , seconded by Coun- cilman Cummings , the recommendation of the Planning Commission was adopted by the City Council .

AY COMMITTEE RECUM19ENDATION
As considered by the City Council at a regular meeting thereof held May 3 , 1966 , at 3 : 00 P. M.
chat the request of Mr. J. Y. Lujan for permission to sign the Improvement Ordinance Agreement in lieu of improvements as re- quired in Ordinance No . 1193 for property known as 1147 Lawton Street , be approved for the reason that installation at this time would create drainage problems . On motion of Councilman Hartzell , seconded by Councilman Martinez , the recommendation of the Advisory Committee was adopted by the City Council.

LCATIONS
Mayor Burroughs read a letter from Assemblyman Stewart Hinckley stating that legislation is being presented for the next session of the legislature to adopt a recommendation made in 1960 to the Depart- ment of the Interior that the name of Cedar Springs Reservoir be changed to 6ilverwood Lake in honor of the late Mr. W. E. Silverwood.

SUED BUSINESS
City Manager Merritt reported that a new location for the Redlands Lance Ambulance Service was under consideration at 516 Texas Street . For sw the reason that this comprises both residential and commercial use , ation
it was referred to the Planning Commission for approval Of this to cation.

Ordinance No . 1314 , an ordinance of the City of Vedlands amending Ordinance No . 1300, which grants a franchise to Leroy A. Gish to lance
operaLe authorized emergency ambulance vehicles in the City of Red- 104
Lance
lands , was given second reading of the title and adopted with waiver vice of the reading in full , on motion of Councilman Cummings , seconded b l Redlans Regular Meeting of 09-05-2023
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Regulations to Council for second reading and adoption and that no further hearing is required under the law. Attorney Robert J . Simpson North Arrowhead Avenue , San Bernardino , asked permission to s behalf of Mr. Ray Staff, developer of the North Redlands Shop:

Center. Mr. Simpson requested Council to reconsider the recon sion in the ordinance under the section A- 2 df Section 24 . 20 Goods ) which now reads : " Portable appliances ( that which can ried in the hand byy one person) - sales and services . " FolloA, discussion, on motion of Councilman Cummings , seconded by Courl Martinez , Ordinance No . 1313 , an ordinance of the City of Redl amending Zoning Ordinance No . 1000 - C- 1 and C- 2 Shopping Cent Regulations - was adopted by the City Council with waiver of r in full , by the followind roll call vote :

AYES , Councilmen Martinez , Hartzell , Cummings
NOES : Councilman DeMirjyn
ABSTAIN : Mayor Burroughs
ABSENT: None
Mayor Burroughs read the following Proclamation declaring " HK Proclamation to be May 15 to May 21 , 1966 , in honor of Redlands Slater City Hino Week Japan , and urged all citizens to join in participation. The C unanimously approved the Proclamation :

P R 0 C L A M A T 1 0 N
1111INO WEEK"
WHEREAS, the City of Redlands wishes to promote friendshi understanding between the citizens of Redlands and the citizen her Sister City , Hino Japan, and
WHEREAS, the citizens of Redlands wish to honor Hino , Jar Sister City , and
WHEREAS, special activities toward this and are planned b Redlands City officials , citizens and students to further the City relationship between Redlands and Dino ;
NOW , _' HEREFORE, 1 , WALDO F. BURROUGHS, Mayor of the City Redlands , California , do hereby proclaim May 15 to May 21 as

DINO WEER
in this city and urge all citizens to join in participation, IN WITNESS WHEREOF, I have hereunto set my hand and cause affixed the seal of the City of Redlands .
s/ Waldo F. Burroughs
Mayor

NEW BUSINESS
Mayor Burroughs requested that the Council authorize the City Feasibility and staff to make a feasibility study and report concerning ne Study
methods of financing the purchase of Prospect Park as recommen Park
the " Part Study Report . " On motion of Councilman Martinez , se Purchase
by Councilman Hartzell , unanimous approval was given this matt Mayor Burroughs made the following Council appointments for th Appointments two years :

I- k. 1-..+- -
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City half of the City:

To the City from Union Oil Company of California - corner oil Co. Citrus and Eureka - on motion of Councilman Hartzell , seconded by Councilman Martinez .

To the City from Orland J. and Ruth G. Fowler - for alley ler from Center Street 260 feet west, on motion of Council- man Cummings , seconded by Councilman Hartzell .

To the City from A. F. and Doris Willbite, C. Gross, J. W. sity and E. J. Dye, J . and G. P. Mercer, It. 1-1. and N. Van et
Eneen, B. and A. 14. Block, W . It. and D. Ni. Lawson, E. M. and N. Campbell, R. E. and A. Morse - University Street improvements - on motion of Councilman Cummings, seconded by Councilman DeMirjyn.

On motion of Councilman Hartzell , seconded by Councilman Cummings , ent an agreement between the City and Donald Hanson and Jean Hanson; and ina the City and Dr. T. 11. Crittenden and Jean Crittendon for dedication and
of right- of- way and improvements on Terracina Boulevard was approved by the City Council , with, the Mayor and City Clerk authorized to negotiate in behalf of the City.

The Traffic Commission has recommended that , because of creating a traffic hazard with a sudden narrowing of the street , the seven- foot r widening of Center Street and two- foot widening of Cypress Street , t
as required in Conditional Use Permit No. 108, not be done at this ng time. Ott motion of Cottncllman Cummings , seconded by Councilman Hartzell , Council moved to request Mr. Gerrard to sign the improve- ment ordinance agreement to widen the street at a later date ; that he install sidewalks at this time and repair the existing curbing.

The relocation of street trees will. be at the discretion of the Park Superintendent .

Bills and salaries were ordered paid as approved by the Finance Committee .

No further business demanding attention at this time , on motion, the Council adjourned to tin adjourned regular meeting at 2-. 00 P. M. , May 4, 1966.

Next regular meeting May 17 , 1966.
el

7.11 Ma'* OP Ise City of j1? CJands
r6
0- 0- 0- 0- 0- 0- 0- 0- 0- 0
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r2 86
PLANNING COMMISSION RECOMMENDATIONS ( Continued)
Councilman Martinez , this recommendation was adopted by the City Council.

8. Lot Split No. 331 - Westside Church of Christ That the request of the Westside Church of Christ for permission to split il!
property located on the southeast corner of West Olive Avenue and Bellevue Avenue - Lot Split No. 331 - be approved subject to the recommendations of all departments as contained in the Planning Commission minutes dated September 10, 1963, but changing planning division item 3 as follows : Width of parcel 11 B" to be increased by 35 feet to provide additional side yard. On motion ; I of Councilman Wagner, seconded by Councilman Martinez , the recommendation of the Planning Commission was adopted by the City Council, with the added provision that Parcel " AY be extended from 110 feet to 170 feet, and that the Church sign a participation agreement to dedicate and improve Bellevue Avenue concurrent with the development of the abutting property on the South.

9. Tract No. 6584 - Citation Construction Co. - Final Approval All provisions as contained in Council minutes dated September 3, 1963 having, been complied with, it is the recommendation of the Planning Department that ', final approval De given for Tract No. 6584. Because the McGraw lot split , originally a part of this tract, had never been finalized, Councilman Wagner I moved that final approval not be given until the requirements for the lot split are complied with. The Planning Director pointed out that the present , developer is the innocent party in this case, and that recordation of the final tract map would make the split a matter of legal record. No second toy Councilman Wagner' s motion. Councilman Hartzell then moved that final approval be given for Tract No. 6584. Motion was seconded by Councilman Martinez, and carried, with Councilman Wagner voting " No" .

COMMUNICATIONS
The following communications were presented and read:

Base- From Baseball for Boys, a letter which had accompanied a check for $ 600. 00, ball
the second installment payment on the loan the City made to Baseball for Boys'for Boys for the construction of the concession stand at the Community Baseball Field.

Remaining balance on the $ 3, 000. 00 note is now $ 1 , 800. 00.

KCHU From the San Bernardino Sunlit invitation to Council members to attend opening TV
Station of KCHU - TV station of September 29, 1963 at 7 : 00 P. M.

From Col. Joseph Wogen, Chairman of the Sister City Committee, a request that the City underwrite the program in the amount of $ 500. 00 to enable the commit- tee to function until it becomes self supporting. Col. Paul Jacobs spoke Sister
from the floor in opposition to the program. Mayor Parker outlined the pro- City
Program gram for Col. Jacobs , informing him that these projects had their origin in I the State Department and participation is encouraged in the interest of world peace and understanding. Councilman Hartzell moved that the City advance the requested amount to the Committee With an understanding that if the drive for funds is successful, the amount , or any part of it, could be repaid. The motion was seconded by Councilman Wagner and carried.

UNFINISHED BUSINESS
Ordinance No. 1235, an ordinance of the City of Redlands establishing the regulation of excavations and fills for any lot, subdivision or parcel of ground, presented, second detailed reading waived on motion of Councilman Wagner, seconded by Councilman Martinez , and the ordinance adopted with the following vote :

AYES : Councilmen Martinez, Wagner, Hartzell, Mayor Parker NOES : None
ABSENT: Councilman Burroughs

CITY MANAGER
Resolution No. 2321, a resolution of the City of Redlands establishing a schedule of rates to be charged by the Disposal Department, presented by Manager Workman and adopted on motion of Councilman Wagner, seconded by Councilman Hartzell.

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City Council/Successor Agency Meeting K. 2.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to the request to fly the Pride flag at City Hall for one week, Sept. 6-12, 2023, in honor of Laura Ann Carleton (Council Member Davis)
MOTION:

The following motion is provided:

I move to approve flying the Pride flag at City Hall at City Hall for one week, Sept. 6-12, 2023, in honor of Laura Ann Carleton
DISCUSSION:

This item is on the agenda to honor the life of Laura (Lauri) Ann Carleton, who died at her Lake Arrowhead business on August 18th. Carleton was shot and killed by a man who made "several disparaging remarks about a rainbow flag that stood outside the store,” San Bernardino County Sheriff’s Department officials said in a news release. Carleton, 66, is survived by her husband and 9 children. She was a beloved business owner and a fierce ally to the LGBTQ community.

From the LA Times: "Carleton had a long and notable career in L.A.’s fashion world, working at Fred Segal, Joseph Magnin Century City and Kenneth Cole, according to the
biography posted on Mag.Pi’s website.
'Mag.Pi for Lauri is all about tackling everyday life with grace and ease and continuing to dream,' her biography says, adding that she and her family 'nourished a passion for architecture, design, fine art, food, fashion, and have consequently learned to drink in and appreciate the beauty, style and brilliance of life.”
The Human Rights Campaign has declared a state of emergency for LGBTQ Americans in 2023, and Lauri's death is a stark reminder of the fact that hate Redlans Regular Meeting of 09-05-2023
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crimes are on the rise. National State of Emergency for LGBTQ+ Americans - Human Rights Campaign (hrc.org)
This item seeks to honor Lauri's life by flying the flag outside of Redlands City Hall for one week. It will serve as a sign of support for Lauri and for the LGBTQ community in Redlands and beyond.

This item aligns with Priority C. Equity and Inclusion of the City's Strategic Plan .

Attachments
Redlands Strategic Plan
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REDLANDS
City of

STRATEGIC PLAN
FY 22 – 23 through FY 27 – 28
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REDLANDS
2 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

TABLE OF CONTENTS
Mayor’s Message 3
City C
ouncil
3 L
etter from the City Manager
4 Mis
sion, Vision and Values
5 Multi-
Year Strategic Priorities
6 Priority A: Quality of Lif
e
7 Priority B: P
ublic Health and Safety
11 Priority C: E
quity and Inclusion
16 Priority D: Sus
tainability
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REDLANDS
3 MAYOR’S MESSAGE
The City of Redlands, its elected officials, its management team and its employees take seriously the stewardship entrusted to us for the City’s resources along with the City’s rich history and the promise of a bright future.

This strategic plan is an essential tool in understanding who we are, who we want to be and – importantly – how we get there! But a plan alone won’t get us anywhere. It is only a starting point. Its success depends on all of us working together – City Council, City staff and our residents – to implement the plan, report and evaluate its progress and make the adjustments necessary to continue moving the City of Redlands forward.

I want to thank my City Council colleagues for their thoughtful vision for our future and City Manager Charlie Duggan and the Executive Team, as well as the consultants from BerryDunn for taking that vision and creating this living document.

And I want to thank you, the residents, for participating and sharing your dreams and aspirations for what Our Town is and all that we can be.

Sincerely,
Mayor Paul Barich
City Council
The City Council is dedicated to responding to the changing needs in our community and to ensuring that Redlands remains a distinctive place in which to live and work. The City of Redlands is a general law city incorporated in 1888. It is governed by the City Council/City Manager form of government.

The City Council consists of five representatives chosen by district by the electorate. The Mayor and Mayor Pro Tempore are then elected by the Council. The Mayor and Council set policy, enact legislation, and adopt the budget under which the city operates. The City Manager, appointed by the Council, is the chief administrator of the City.

E
ddie Tejeda
Denise Da
vis
Jenna Guzman-L
owery
Mick G
allagher
MA

YOR PRO TEM
C

OUNCIL MEMBER
C

OUNCIL MEMBER
C

OUNCIL MEMBER
Paul Barich
MAYOR
Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28
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REDLANDS
Dear Citizens of Redlands
I am proud to present the City of Redlands six-year Strategic Plan for FY 2022-23 through FY 2027-28. More than a blueprint for City oper- ations, this Strategic Plan is an aspirational endeavor for the future of Redlands and a framework for achieving our vision for the community:
“a connected, conscientious, safe community with a small town feel in which all people and businesses can thrive.”
While your City government continues with a clear focus on delivering excellent service each and every day, this document represents our commitment to work at a higher level of operation to expand and achieve Redlands’ full potential.

This Strategic Plan resulted from a collaborative process that engaged our community. We invited you, our residents and businesses, to let us know how we are doing, to share your ideas and to envision the future of Redlands. We reached out and met with a wide array of community stakeholders, including residents, community organizations and service clubs, business groups, educators, faith-based communities and churches, minority groups, youth organizations, labor groups as well as our own advisory boards and commissions and City staff.

We took what we learned from all of you and presented those findings to our City Council, who honed in on the vision and goals for the City and guided this effort to outline a mission, a vision, core values and strategic priorities. This plan is a living document that will focus our energy and resources, ensure that City officials and staff are working toward common goals, establish consensus around intended outcomes and allow us to regularly assess and adjust the organization’s direction in a changing environment.

I would like to thank Mayor Barich and the City Council for their support and leadership in this process.

I would also like to recognize the members of the City’s Executive Leadership Team for their thoughtful and conscientious contributions to this plan. Finally, I would like to recognize our steering committee and our partners at BerryDunn who participated in countless meetings and approached the project with diligence and seriousness of purpose and a healthy dose of good humor.

In Redlands, we realize that by stretching ourselves we reach new levels of excellence. We also realize that striving to be perfect, although unachievable, can still be a useful target which prompts us to ask “What are we doing on our journey toward perfection?” This plan represents the next step on that journey.

Sincerely,
Charles M. Duggan, Jr.
4 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

LETTER FROM THE CITY MANAGER
Charles M. Duggan Jr.

CITY MANAGER
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REDLANDS
5 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

MISSION, VISION AND VALUES
Redlands City Values
Vision
“In Redlands, we envision a connected,
conscientious, safe community with
a small town feel in which all
people and businesses can thrive.”
Mission
“Providing superior services to elevate
the quality of life, to cultivate community
and encourage a thriving economy
while preparing for the future.”
We strive for excellence and are innovative
We aim to deliver the best service possible
and measure quality outcomes and results.

We strive to exceed expectations and to
bring out the best in each other.

We are flexible and adapt to the
ever-changing needs of our community.

We seek traditional as well as non-traditional
solutions and embrace creativity.

We are fiscally responsible
We take seriously financial stability and our
stewardship in carefully managing and
constantly ensuring the best use of all
public funds and other resources.

We seek sustainability
We pursue sustainability as the key
to optimal use of all resources.

We measure progress through improvement
to the health and well-being of our residents,
environment, and local economy.

We are responsive
As public servants we exist to serve
Redlands citizens and to exceed expectations.

That is and should always be our constant focus.

We listen, are empathetic and
take appropriate action.

We pursue good and timely solutions,
and are alert to modifying strategies in
response to unintended consequences.

We are fair, honest, and act with integrity
We align our values, words and actions.

We are honorable, trustworthy and sincere.

We consistently go not just beyond the
legal minimum to do what is right, but strive
for the highest moral and ethical behavior.

We are accountable and make
sound decisions based on clear rationale
We take responsibility for
our decisions and actions.

We are accountable to our community
and to each other so that future generations
will have as many opportunities available
to them as we do today.

We encourage and practice servant leadership.

We treat everyone with respect
We acknowledge the dignity of every employee,
citizen, resident, and visitor in our City.

We work actively to eliminate barriers
to full participation in community life.

We conduct City business with
courtesy, civility, and respect.

We embrace diversity and inclusiveness
We value the strengths that result from
varied experiences, ideas and perspectives.

Our collective histories, both employee
and citizen, and natural setting create the
fabric that makes Redlands a
special place to live, work, and play.

We communicate openly,
clearly and frequently
We seek shared understanding with our
community and across City organizations.

We are engaged and our interactions
are meaningful.

We engage in participatory governance
and transparent processes.

We strive to create a culture of collaboration
that encourages innovation, sharing of resources,
and jointly shared accountability for results.

We take pleasure in the work we do
While maintaining a professional environment,
we recognize the importance of building and
maintaining an enjoyable workplace that
will attract and retain employees.

We value a sense of humor and remember
not to take ourselves too seriously.

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REDLANDS
6 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

MULTI-YEAR STRATEGIC PRIORITIES
A. Quality of Lif e
Ensur e Redlands continues to be a vibrant community that honors its heritage and pr
ovides a broad range of opportunities to live, work and play.

B Public Health and Saf ety
Enhanc e services and programs so that all community members are safe, sheltered and ha
ve access to Redlands’ core services.

C E quity and Inclusion
Cultiv ate wide-ranging community engagement and a work force that strives to ensur
e everyone in the community has access to City services and facilities.

D Sustainability
Pr eserve and protect what makes Redlands special by maintaining core services, infr
astructure and community values.

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PRIORITY A
7 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

QUALITY OF LIFE
Current State
Redlands is imbued with a cultural richness that comes from its historical background, its social diversity, an active contemporary art scene and a varied business community that consists of retail, entertainment, manufacturing, health care, education, technology and logistics. The City’s physical setting, iconic architecture and citrus heritage have all contributed to the community’s development in ways that are evident in its historic districts, characteristic structures and neighborhoods, its greenbelt and working private and municipal citrus groves. The community’s long tradition of celebrating arts and culture remains strong through its festivals— such as the Redlands Bowl Summer Music Festival, Redlands Theatre Festival and Redlands Art Festival—and the eclectic public art that documents its history of agriculture, commerce, architecture, creativity and civic pride.

Redlands’ unique pride of place is exemplified by the many philanthropic contributions to the community including the A. K. Smiley Public Library, the Redlands Bowl, Heritage Park, Lincoln Memorial Shrine and many others. Redlanders also take pride in their community and the distinct neighborhoods that define the City. Redlands’ history remains strongly visible in the form of mature street trees, citrus groves and exquisitely detailed historic buildings. Many Redlands residents feel strongly about preserving the community’s rich agricultural heritage and architectural character. There are some physical challenges to unity in the city: sections of the community are divided by Interstate 10 and Highway 210, which contributes both in fact and in perception to a lingering north/south division with roots in historic cultural, racial, ethnic and economic factors. With the City’s active civic cultures, residents are interested in creating more opportunities to nurture a stronger and more cohesive community, embracing diversity and social interaction, and ensuring that a physical and cultural environment with ample gathering places and community-wide events exists to foster these qualities. Residents want to embrace the qualities that make their neighborhoods special—including landmarks, art, cultural events, gathering places, activity centers, as well as the size, scale, and architectural features of buildings—in order to preserve and strengthen their identities. Community members seek stronger linkages between neighborhoods to ensure that no part of the community feels isolated or neglected and that the entire City is connected as a whole.

Redlands provides opportunities to promote the health of its residents with its park and trail system, its recreational areas, and community centers that help promote active lifestyles for residents of diverse ages and abilities. The Redlands community takes advantage of these features to organize events such as A Run Through Redlands, the Redlands Bicycle Classic and the Believe Walk that provide opportunities to enjoy the outdoors and socialize with fellow residents.

The City has charted a path of fiscal responsibility while expanding services to its residents. It has embraced technology to improve efficiency in delivering those services. The diversity of Redlands’ business community has made the economy more resilient in the face of downturns. The City boasts a vibrant Downtown, which provides retail, services, restaurants, entertainment, arts and civic spaces in the heart of the community. Our vibrant business community provides opportunities for work in addition to play.

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PRIORITY A
8 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

QUALITY OF LIFE
Future State
Redlands recognizes the importance of preserving our community’s rich agricultural heritage and architectural character. The City is committed to the preservation of our historic citrus groves.

We continue to protect and value our historic districts, distinctive neighborhoods and the philanthropic contributions throughout our community. Redlanders believe in nurturing a stronger and more cohesive community that embraces diversity and social interactions. The City has enhanced community-wide events that reflect Redlands’ diversity and shifting demographics. Redlands is a cohesive and connected community that surpasses physical barriers. The community is unified and provides opportunities that consider all cultural, racial and socio-economic factors in order to provide access and opportunities to our diverse residents and businesses. Redlands’ improved parks and open spaces provide accessible opportunities for everyone in the community to enjoy trails, parks and an active, healthy lifestyle.

Our business community is vibrant, diverse and resilient and provides opportunities for residents to live and work right here in Redlands.

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PRIORITY A
9 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

QUALITY OF LIFE
Ensure Redlands continues to be a vibrant community that honors its heritage and provides a broad range of opportunities to live, work and play.

Strategic Objectives

1. Beautifica tion, Arts and Culture
•
Enhanc
e community events to better reflect Redlands’ diversity and demographics. •
Cr
eate a strategic vision for the arts within the community.

•
Ensur
e that the Redlands Bowl remains a vibrant cultural centerpiece for the City

b
y updating and modernizing Bowl facilities.
•
Enhanc
e the Art in Public Places Program.

2. Economic Vitality
•
Implement electr
onic plan review and permitting process.
•
Incr
ease accessibility to businesses and essential services through improvements

t
o mobility and parking.
•
Implement policies and pr
ograms to expand the City’s affordable housing opportunities. •
Enc
ourage redevelopment efforts in the transit corridor (i.e. University Village and mall site).

3. His toric Preservation and Small Town Feel
•
A
dopt Historic Design Guidelines to assist property owners with improvements

t
o historic resources.
•
Expand his
toric surveys to include areas that were not previously surveyed and

pr
operties with historically eligible buildings built in the 1950s and 1960s. •
Pr
omote the City’s historic preservation programs through new user-friendly

educa
tional materials.

4. P arks, Recreation and Open Space
•
De
velop an assessment and improvement plan for City parks and open spaces

tha
t includes adherence to industry standards.
•
Pr
omote awareness of recreational opportunities through a Citywide recreation newsletter. •
Enhanc
e recreational program opportunities
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PRIORITY A
10 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

QUALITY OF LIFE
Outcome Measure Examples
• Seek and support thr ee new community events that reflect Redlands’ diverse community. •
A
dopt an Arts Master Plan.
•
R
edlands Bowl
–
Ins
tall new sound and lighting system.
–
R
eplace bench seating.
–
A
esthetically improve the Prosellis.
•
Fund an art-on-loan pr
ogram to complete the installation of art pieces at the designa
ted locations within the City.
•
Electr
onic Plan Review and Permitting processes implemented.
•
R
educe time frames for plan review by 30%.
•
Incr
eased accessibility to businesses and essential services through improvements t
o mobility and parking.
•
Implementa
tion of a wayfinding sign program to direct the public to parking facilities t
o increase utilization of available parking lots and garages, with a goal of increasing oc
cupancy of underused lots/garages by 50%.
•
A
dopt strategies to promote development of affordable housing units, which may include f
ee waivers, density bonuses, inclusionary housing requirements, and streamlining of Accessory Dw
elling Unit (ADU) construction, with the goal of adopting three new strategies and/or programs. •
W
ork with developers to secure entitlements to redevelop the 12 acre Redlands Mall site and the 16 acr
e University Village site south of the University of Redlands campus, to provide new c
ommercial and residential opportunities that support the community and local economy. •
Incr
eased community satisfaction with the City’s parks and open spaces, as measured periodically thr
ough a citizen survey.
•
R
ecreational program offers expanded by 25%.

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PRIORITY B
11 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

PUBLIC HEALTH AND SAFETY
Current State
The City of Redlands is a full-service City that, in addition to providing police and fire services, operates its own water and wastewater utilities, cemetery, airport, landfill and solid waste services.

For more than 90 years, the City of Redlands has been in charge of providing high quality drinking water to more than 75,000 local residents. By supplying a blend of local groundwater, local surface water, and imported water from the State Water Project, Redlands Municipal Utilities & Engineering Department is able to meet the daily demands of these customers.

As Southern California often faces the challenges of prolonged droughts that strain water supplies, improving water conservation is becoming more important. The City of Redlands maintains a robust Water Conservation effort that includes non-potable water systems, commercial and residential watering restrictions, conservation programs, drought tolerant landscaping and education programs.

The City’s Wastewater Treatment Plant, originally built in 1962, treats an average of six million gallons of wastewater daily. In the last 60 years, multiple upgrades to the existing infrastructure and new construction have taken place. In 2019 the City embarked on an assessment and developed a plan to implement immediate and long-term improvements to the plant. The current two-phase expansion project produces high-quality water at half the energy cost and will satisfy stringent air quality regulations and reduce the use of natural gas. The City is currently in a design phase for a project that will address additional required upgrades to all critical areas to keep up with regional growth. Over the next five years, the City of Redlands is slated to begin and complete upgrades to 12 treatment plant processes that will secure a sustainable and innovative approach to wastewater treatment.

The California Street Landfill is owned and operated by the City of Redlands. The County of San Bernardino began waste disposal operations at the site in 1963. In 1970, the City took possession of the site and continued waste disposal operation. In 2017, the City Council adopted a new solid waste rate structure, which included funding designated for capital improvement projects and the purchase of more efficient landfill equipment. Many routine alterations and additions to the landfill infrastructure and equipment have occurred throughout City ownership of the landfill; however, the recent rate adjustment provided the most significant positive impact on the landfill of the last 25 years. Landfill airspace, the amount of remaining space available for waste, is limited by the size of the site and its design. The more debris that is received, the faster that airspace is consumed.

Proactive measures by the City to improve the life expectancy of the landfill, including equipment upgrades and operational changes, have increased the usable capacity of the landfill by 42 percent, saved approximately $8.5 million in avoided soil purchase import costs over the life of the landfill, and provided annual savings in equipment and operator costs of $63,000 annually. In 2012, the City received a report indicating that the landfill would reach its capacity in the year 2042. With the recent improvements, the life of the landfill has been extended another 11 years to 2053. Improvements to the California Street Landfill ensure that this valuable asset will continue to serve Redlands residents for many more years.

The City has met and exceeded all required state mandates outlined in SB1383. The City of Redlands began offering food waste collection for commercial businesses in 2016 and a voluntary drop-off program for residential customers in September 2021.

Over the next few years significant improvements are planned to the landfill collection and control systems that will accommodate new and existing environmental regulations.

New residents to Redlands often cite safety as one of their primary reasons for moving to Redlands and longtime residents say it is one of the reasons they stay. The City’s police and fire services are exemplary and enjoy tremendous support from the community. Under local control, the community is ensured that its public safety services focus on the priorities of the community and remain dedicated to local service.

In recent years, the City dedicated funding to modernizing and upgrading both Police and Fire vehicles and equipment. The City has identified the need for new public safety facilities. Currently the Police Department operates out of multiple locations, each of them inadequate to the department’s needs.

The City is in the process of purchasing an existing commercial site that will be converted to a modern Police facility. The City is also exploring plans for new Fire stations, strategically located throughout the City to address the growth in population and both residential and commercial/retail buildings.

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PRIORITY B
12 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

PUBLIC HEALTH AND SAFETY
In 2021, the annual Point-In-Time-Count of unsheltered individuals identified Redlands as the City with the third highest population of individuals experiencing homelessness in San Bernardino County. The issue of homelessness is a multifaceted problem that affects the individuals involved as well as other residents, visitors and local businesses. For many years, the City has addressed the issue with limited resources including dedicated police teams and partnerships with social service agencies and non-profits to provide resources and services to the homeless while addressing the concerns of businesses and residents. A Homeless Emergency Aid Program (HEAP) grant provided for two Community Outreach Coordinators and additional resources until the grant ended in March 2021.

Periodically the City partners with other agencies to perform cleanups of multiple encampments on state and county land. None of these efforts addressed the scale of the problem facing the City and those individuals affected. In November 2021 the City Council approved an MOU with two non-profits and a joint application to participate in the Homekey Grant Program. If successful, the City will convert an existing 99-unit hotel into permanent supportive housing for families and individuals experiencing homelessness that incorporates an all-inclusive model framework of wrap-around support provided by local partner agencies.

Future State
Redlands remains committed to providing safety, shelter and excellent core services to the residents and businesses in our community. Our city recognizes that in order to provide excellent core services, sustainability and water conservation must continue to be a priority. We have completed upgrades to 12 water treatment plant processes to secure sustainable and innovative ways to treat wastewater.

Our City has also invested in more efficient landfill equipment that allows us to continue to increase capacity at the California Street Landfill. These efficiencies have enabled Redlands to continually extend the life expectancy of the site and increase landfill airspace. Significant improvements to the landfill’s collection and control systems have also been completed. With these improvements, Redlands is proud to be able to meet all new and existing environmental regulations. We are also proud of our continued excellence in public safety services to our community. Our Police Department is now housed in a modern facility that allows our officers to better respond to and support the community. We have also focused on locating fire stations throughout our growing community. Our firefighters are now better equipped to more quickly respond to calls throughout the City. Our community is not only even safer, but more sheltered. The success of the Homekey Grant Program allows Redlands to provide shelter and wrap-around services to families and individuals experiencing homelessness.

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PRIORITY B
13 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

PUBLIC HEALTH AND SAFETY
Enhance services and programs so that all community members are safe, sheltered and have access to Redlands’ core services.

Strategic Objectives

1. W ater/Wastewater/Solid Waste
• C
omplete Wastewater Treatment Plant Phase 2 Project Construction. •
R
educe non-revenue water (water loss) by 25%.
•
C
omplete California Landfill flair upgrade project to ensure facility compliance.

2. Police
•
C
omplete steps to prepare for construction of a police station. •
R
educe public safety response times by 10%.

•
E
valuate public safety workforce to determine if staffing levels are consistent with

popula
tion growth. Develop a plan for workforce growth based upon results.

3. Fire
•

Complete process for the construction of additional fire stations which will maintain critical

r
esponse times based on the distribution and concentration of resources and ensure that service

le
vels are being maintained based on call volume impacts, community growth and development •

Provide additional emergency response personnel to ensure an effective response force is

maintained t
o meet City development and population growth.
•

Determine current and projected administrative staffing needs. Develop and implement

adminis
trative growth based upon findings.

4. Homelessness
•
De
velop and implement a method by which to measure the success of the Homeless Housing Plan. •
De
velop methods to reduce and prevent homelessness.

Outcome Measure Examples
• W astewater Plant upgrades completed.
•
Impr
oved police response time to emergency calls for service. •
P
olice staffing plan developed.
•
S
teps for construction of new public safety facilities are identified •
L
ocations for additional fire stations identified and procured. •
Fir
e staffing plan developed.
•
S
teps for construction of additional fire stations identified. •
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PRIORITY C
14 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

EQUITY AND INCLUSION
Current State
The City of Redlands Communications and Community Relations Office provides outreach through various methods and platforms to provide information regarding City operations, programs and events to all segments of the community. Current communication methods include a variety of social media platforms and pages that combine to reach more than 27,000 followers; the City’s website, which saw more than 690,000 individual visits in 2021 alone; Redlands TV government access channel which, in addition to televising City Council and Planning Commission meetings, produces videos in house regarding a wide variety of City programs and functions as well as a community bulletin board; and a variety of periodic publications and outreach efforts to inform the public about individual department operations. The Communications and Community Relations Office also provides frequent information to a variety of local and regional media.

The City of Redlands Human Resources Division develops and administers programs designed to increase the effectiveness of staff and the organization. Human Resources staff facilitates the recruitment and selection, development and retention of individuals to promote a talented, diverse and inclusive workforce with the goal of representing the community we serve. Currently, the City recruits through various electronic means and websites that reach a large group of individuals. The City has implemented training on gender identity, inclusion and bias for all new employees and recognizes the need to increase the education of our workforce to ensure equity and inclusivity. Our current workforce demographics are 49.3% White, 32.1% Hispanic, 2.4% Black, and 2.18% Asian, with the remaining personnel listed as other or undisclosed. Additional efforts are needed to help bring the overall workforce in line with the demographics of our surrounding area. The City is implementing policies and practices that reflect a con- scious effort to ensure equity of access and services and further ensure the equitable treatment of all people.

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PRIORITY C
15 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

EQUITY AND INCLUSION
Future State
The City of Redlands recognizes the importance of community engagement with Redlands stakeholders to ensure the City’s initiatives are properly communicated to them. Moreover, the City recognizes the importance stakeholders play in the development of these initiatives to ensure the City’s vision aligns with the vision of the community. It is only through this collaboration that stakeholders can ensure the City is not only hearing the needs and wants of the community, but also that the City is implementing policies that promote the Redlands where they desire to live and work. In order to increase outreach to a greater segment of the community, the Communications and Community Relations Office has implemented a strategic communications and engagement plan that serves as a guide for the City in its pursuit of forward thinking initiatives and explains what Redlands stakeholders can expect from the City.

It establishes the structure for communication and engagement of stakeholders in the development of initiatives and identifies strategies for seeking out involvement and establishing measureable goals to de- termine the success of the City’s collaborative efforts with stakeholders. Finally, it serves as a living tool for community engagement that may be followed in the development of any City goal, objective or initiative.

The City of Redlands understands the importance of providing an environment where diversity, equity and inclusion are key considerations in the recruitment and retention of a talented workforce that reflects the community it serves and brings a variety of perspectives to citywide decision making. Continually implementing policies and procedures that provide access and equity for applicants, residents and staff is imperative in maintaining the representation of the workforce. Job descriptions, personnel rules and regulations, and recruitment strategies are reviewed regularly and evaluated to determine bias or adverse impact. The City engages in targeted recruitments to increase the diversity of our applicant pools and ensure that the workforce reflects the demographics of the City’s population. The City’s workforce is trained regularly on topics specific to equality, bias, gender identity, harassment and inclusion.

This training provides a culture that is focused on valuing employees and providing an environment where different perspectives can be shared openly. The City engages in workforce strategies that include initiatives to create a diverse and inclusive workplace in a sustainable way.

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PRIORITY C
16 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

EQUITY AND INCLUSION
Cultivate wide-ranging community engagement and a work force that strives to ensure everyone in the community has access to city services and facilities.

Strategic Objectives

1. C ommunication and Engagement
•
E
valuate alternative and/or additional means of communication to help ensure all parts

of the c
ommunity have the opportunity to receive, understand and participate in City life. •
De
velop centralized messaging, outreach and awareness campaigns that focus on identifying

and r
eaching all residents within the community.

2. Workforce
•
Pr
ovide diversity, equity and inclusion (DEI) training for all City staff. •
R
ecruit, hire and train a diverse and inclusive workforce that represents the community.

Outcome Measure Examples
• De velop and implement a Communications Plan by December 31, 2022. •

Method established to measure effectiveness of City’s communication methodology t
o provide baseline for improvement in future years.
•
100% of City s
taff receive initial DEI training by December 31, 2023. •
C
omprehensive employee training plan developed.
•
Es
tablish baseline metrics for current staffing demographics in comparison to community. •

Identify gaps or areas of focus for future recruiting, hiring and training. –
De
velop plan to address the identified gaps.
•
Incr
eased diversity of City workforce.

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PRIORITY D
17 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

SUSTAINABILITY
Current State
A sustainable city is one that ensures a livable environment for its residents over the long term through thoughtful stewardship of its resources, including financial resources.

For more than a decade following the Great Recession of 2008 the City of Redlands worked diligently to implement sustainable fiscal and financial policies, including consistently balanced budgets, based on recurring revenue sources and sound management, focusing on core services and capital needs, building healthy reserves and reducing debt.

In the spring of 2020, the COVID-19 pandemic created not only a public health crisis but a financial crisis for local governments. Working essentially in emergency-response mode to prevent the spread of COVID-19 while also providing municipal services in pandemic conditions, the City of Redlands drastically reduced its budget and staffing levels in response to the impact COVID had on its revenue streams and the impact it had on taxpayers. By June of 2021 when the City Council approved the Fiscal Year 2021-2022 budget, however, the City’s fiscal picture was quite different. Revenues began approaching pre-pandemic levels and Redlands voters approved a one-cent sales tax. The City began restoring staffing levels and resources in areas such as Police, Fire, Library and Facilities.

Additionally, the City not only restored previous cuts, it also enhanced services in the areas of public safety and general infrastructure needs.

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PRIORITY D
18 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

SUSTAINABILITY
Future State
The budgeting process is one of the most important activities a City undertakes. In order to align the City’s resources with the future vision for the community, the City developed a Biennial Budgeting process that links objectives to the resources necessary to accomplish them, sets meaningful objectives with realistic timelines for completion and incorporates a multifaceted approach toward developing the strategic vision for Redlands, including this Six-Year Strategic Plan and regular Citizen Satisfaction Surveys. The City continues to consider the long-term extent of the economic impact resulting from the COVID-19 pandemic and the effects of CalPERS investment earnings/losses and potential policy changes they would have on future pension costs. The revenues from Measure T, post-pandemic economic gains and the strategic planning process have positioned the City to provide the services and programs valued by the community.

The City understands the need to be a competitive employer and maintain a sustainable workforce to ensure its future success. The City provides an environment where employees feel engaged and encouraged and have opportunities for growth. The City’s onboarding program for new employees begins that engagement from day one. The year-long onboarding program is centered on acclimating new employees to their roles and the City’s culture, giving employees a sense of belonging and commitment to the City and increasing retention. As part of the City’s efforts to maintain its workforce and develop a succession plan, the City has created a focus on training and professional development for staff that increases engagement of employees at all levels, improves employee skill levels, enables career progression and results in employees who stay longer with the City and minimizes the institutional knowledge loss when long-term employees transition out of the organization.

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PRIORITY D
19 Redlands Strategic Plan
FY 22 – 23 through FY 27 - 28

SUSTAINABILITY
Preserve and protect what makes Redlands special by
maintaining core services, infrastructure and community values.

Strategic Objectives

1. Fiscal

•
De
velop a Long-Term Financial Plan that sustains core services and programs

and helps prioritiz
e funding for new initiatives.

2. Environmental

•
Expand the non-potable w
ater system

•
De
velop a landscape ordinance to provide guidelines for commercial and residential

pr
operties to include drought tolerant or water conservation landscaping measures.

3. Infrastructure

•
De
velop and implement Water and Wastewater Utility Master Plans to ensure facilities

ar
e improved and maintained to meet the needs of our expanding community

•
Engineer and c
onstruct transportation facilities to accommodate all potential users –

mot
orists, cyclists and pedestrians

•
De
velop a facilities capital improvement program to ensure that adequate funding

is planned f
or industry standard maintenance.

4. Workforce

•
Cr
eate an onboarding plan for new employees.

•
Cr
eate an employee retention plan that addresses career development and

mid-car
eer development.

•
Cr
eate a succession plan that addresses knowledge transfer.

5. Climate Change

•
Explor
e City initiatives to address the effect of climate change.

Outcome Measure Examples
• L ong-Term Finance Plan developed.
•
F
our additional miles of nonpotable water system constructed by December 31, 2024. •
W
ater and Wastewater Utility Master Plans developed and implemented •
Landscape Or
dinance adopted by December 31, 2023.
•
F
acilities capital improvement program developed.
•
Onboar
ding program developed and implemented for new employees by January 2023. •
Emplo
yee Retention and Succession Plan Developed and Implemented by December 31, 2024. •
C
omprehensive climate change briefing delivered to the City Council by December 2023.

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We strive for excellence
and are innovative
We are fiscally responsible
We seek sustainability
We are responsive
We are fair, honest, and
act with integrity
We are accountable and
make sound decisions
based on clear rationale

We treat everyone with respect

We embrace diversity
and inclusiveness
We communicate openly,
clearly and frequently
We take pleasure
in the work we do

Redlands City Values
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City Council/Successor Agency Meeting L. 1.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8491 Establishing a Pension Management Policy (Management Services/Finance Director Garcia)
MOTION(S):

I move to adopt Resolution No. 8491 establishing a Pension Management Policy.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 8491 establishing the City’s Pension Management Policy.

DISCUSSION:

The City of Redlands is dedicated to ensuring fiscal sustainability and, as such, periodic reviews of financial policies are important to confirm that policies are relevant and up-to-date with industry practices and legal provisions.

The City currently has a contract with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for all full-time miscellaneous and safety employees. As part of the Contract, the City is obligated to pay any unfunded accrued liability (UAL) under each of the Pension Plans. UAL is the amount by which CalPERS is short of the amount that will be necessary, without further payments from the City, to pay benefits already earned by current and former employees covered by CalPERS (collectively, the “UAL Obligation”).

To better manage the City’s pension plans, staff is recommending the establishment of a pension management policy to, among other things, set forth the following goals and objectives:

Establish, attain, and maintain targeted pension plan funding levels; Redlans Regular Meeting of 09-05-2023
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Provide sufficient assets to permit the payment of all benefits under the Pension Plans;
Seek to manage and control future contribution volatility to the extent reasonably possible;
Set forth all possible cost mitigation measures (“Mitigation Measures”) available to the City;
Strive to make Annual Discretionary Payments to accelerate UAL pay-down, reduce interest costs, and stabilize future payments; Maintain the City’s sound financial position and creditworthiness; Provide guidance in making annual budget decisions;
Create sustainable and fiscally sound future budgets;
Demonstrate prudent financial management practices; and Ensure that pension funding decisions protect both current and future stakeholders.

There are 3 categories into which the City's employees are classified: Fire, Police, and Miscellaneous. Fire and Police employees are further classified into sub-groups: Classic (those hired before 1/1/2013) and PEPRA (those hired after 1/1/2013 when the Public Employees Pension Reform Act of 2012 went into effect). So the City participates in a total of five (5) plans with CalPERS. They are listed below along with their corresponding "funded" levels. Funded level is measured by subtracting pension fund obligations (which includes the current and future amounts owed to retirees) from the plan's assets. These levels are measured as of June 30, 2022 and these figures were released last month, August 2023.

Fire Classic - 65.4%
Police Classic - 67.3%
Fire PEPRA - 86.6%
Police PEPRA - 88.5%
Miscellaneous - 71.4%
However, each year, the possibility exists that CalPERS will accrue new pension liabilities due to several factors, including:

Changes in actuarial assumptions and experience changes (e.g., market fluctuations, longer life expectancies, etc.).

Changes in actuarial gains and losses due to asset returns being higher or lower than expected.

Changes in plan benefits.

Based upon CalPERS's report of a -7.4% investment return for the fiscal year 2022, the funded levels across all City plans have decreased by roughly 10%.

This negative performance has added $61 million to the City's existing $106 million outstanding unfunded liability.

In an effort to ensure that any future pension liabilities do not grow to unmanageable levels, staff has developed a proposed Pension Management Redlans Regular Meeting of 09-05-2023
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Policy for Council consideration. If approved, the Pension Management Policy would require that any new increase or decrease in the liability resulting from the annual CalPERS actuarial valuation be explicitly identified each year during the budget cycle, and that the City consider making discretionary contributions with City resources (or other legally available resources), with the objectives of increasing each of the Pension Plan’s funded status, by reducing the unfunded actuarially accrued liability, and reducing ongoing pension costs.

The Pension Management Policy will also provide guidance in making annual budget decisions, demonstrate prudent financial management practices, help create fiscally sustainable budgets for pensions in future years, and help reassure bond rating agencies and investors that the City is being proactive in the management of its fiscal affairs.

The Policy was developed to improve the quality of decision-making, provide justification for addressing pension liabilities over time, identify goals, and to validate the City’s commitment to strategic long-term financial planning.

Maintaining compliance with the Policy may demonstrate to rating agencies and to capital markets that the City is well managed and should be able to meet its financial obligations on a timely basis.

ALTERNATIVES:

Council may deny the motion and provide alternate direction to staff.

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
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Fiscal Impact
Fiscal Year: 2024
Revenue Generating: N/A
Appropriation Required Y/N: N/A
Amount: N/A
Budgeted Y/N: N/A
Account No.: N/A
Discussion:

There is no fiscal impact associated with the adoption of this policy. The Policy provides that future pension obligation funding decisions are considered within the Policy's framework, but not cash commitments are directly made through the establishment of the Policy.

Attachments
Resolution No. 8491 Establishing a Pension Management Policy Redlans Regular Meeting of 09-05-2023
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1 I:\cmo\Resolutions\8491 Pension Management Policy.docx-jm RESOLUTION NO. 8491

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ESTABLISHING A PENSION MANAGEMENT POLICY

WHEREAS, the City Council (the “Council”) of the City of Redlands (the “City”) is obligated by the Public Employees’ Retirement Law, commencing with Section 20000 of the Government Code of the State of California, as amended (the “Retirement Law”), to make payments to the California Public Employees’ Retirement System (“CalPERS”) relating to pension benefits accruing to current and former City employees who are CalPERS members, including retired employees (the “CalPERS Obligations”); and

WHEREAS, the City currently has an unfunded accrued liability (the “UAL”) of around $167 million, which is required to be paid off during the next 23-year period at 7% interest; and

WHEREAS, in an effort to stabilize the overall pension fund, CalPERS has instituted new programs that require employers such as the City to accelerate payments to pay -down existing UAL account balances; and

WHEREAS, CalPERS provides the City with new actuarial valuations on an annual basis that calculates the City’s total pension liability as of the new valuation date; and

WHEREAS, each year it is possible that the City will incur new UAL costs if the City’s market value of plan assets are not equivalent to the actuarially determined liability amounts; and

WHEREAS, the City desires to establish a framework for funding new UAL costs that may arise in the future with the objective of funding the Pension Plans at certain targeted funded status levels whenever possible; and

WHEREAS, to facilitate payment of future UAL costs in a timely manner and to reduce the risk that future UAL costs pose to the City’s financial position, the City desires to adopt the Unfunded Accrued Liability Pension Management Policy , attached hereto (the “Pension Management Policy”); and

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

Section 1. The Council hereby specifically finds and declares that all of the facts set forth in the Recitals of this Resolution are true and correct.

Section 2. The Board hereby finds and declares that the Pension Management Policy, attached as Exhibit “A” hereto, is hereby approved and adopted as the official City of Redlands Unfunded Accrued Liability Pension Management Policy.

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2 I:\cmo\Resolutions\8491 Pension Management Policy.docx-jm Section 3. This Resolution shall take effect from and after the date of its passage and adoption.

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

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Resolutions\8491 Pension Management Policy.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 regular meeting thereof held on the 5th day of September, 2023, by the following vote:

____________________________________
Jeanne Donaldson, City Clerk

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A-1
EXHIBIT “A”

CITY OF REDLANDS

PENSION MANAGEMENT POLICY

Section 1. Purpose

The purpose of this Pension Management Policy (the “Policy”) is to strategically address the existing and any future unfunded accrued liability (the “UAL”) associated with the City of Redlands’s (the “City”) California Public Employees’ Retirement System (CalPERS) pension plans (the “Pension Plans”). This Policy also addresses some of the principal elements and core parameters central to the policy objectives discussed in this Policy. In the development of thi s Policy, the City strives to reduce its UAL and the associated financing costs in the most cost - efficient and fiscally responsible manner possible.

The City is committed to fiscal sustainability by employing long -term financial planning efforts, maintaining appropriate reserve levels, and employing prudent practices in governance, management, budget administration, and financial reporting. This Policy is intended to make all relevant information readily available to decision-makers and the public to improve the quality of decisions, identify policy goals, and to demonstrate a commitment to long-term financial planning.

Adherence to this Policy signals to rating agencies and capital markets that the City is well managed and able to meet its obligations in a timely manner.

The Policy is intended to reflect a reasonable and conservative approach to managing the UAL costs associated with the Pension Plans. This Policy recognizes that the Pension Plans are subject to market volatility and that actual economic and demographic experience of the plans will differ from the actuarial assumptions. Accordingly, it is intended to allow for adaptive responses to changing circumstances, providing flexibility to address such volatility in a financially sound manner. As suc h, the City is required to continually monitor its Pension Plans and the corresponding UAL.

Section 2. Policy Goals and Objectives

The overarching goals and objectives of this Policy are as follows:

• Establish, attain, and maintain targeted pension plan funding levels

• Provide sufficient assets to permit the payment of all benefits under the Pension Plans

• Seek to manage and control future contribution volatility to the extent reasonably possible

• Strive to make Annual Discretionary Payments to accelerate UAL pay -down, reduce interest costs, and stabilize future payments

• Maintain the City’s sound financial position and creditworthiness Redlans Regular Meeting of 09-05-2023
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A-2

• Provide guidance in making annual budget decisions

• Create sustainable and fiscally sound future budgets

• Demonstrate prudent financial management practices

• Ensure that pension funding decisions protect both current and future stakeholders

• Create transparency as to how and why the Pensions Plans are funded

Section 3. Background and Discussion

In General. Each Pension Plan is a multiple -employer defined benefit pension plan administered by the California Public Employee Retirement System (“CalPERS”). All full-time and certain part- time City employees are eligible to participate in the CalPERS retir ement and disability benefits, annual cost of living adjustments and death benefits offered to plan members and their beneficiaries. CalPERS acts as a common investment and administrative agent for participating public entities within the State of Californ ia. Benefit provisions and all other requirements are established by state statute.

The financial objective of a defined benefit pension plan is to fund the long -term cost of benefits provided to the plan participants. In order to assure its financial sou ndness and sustainability, the plan should accumulate adequate resources in a systematic and disciplined manner to ensure sufficient resources are available to meet employee benefit requirements. This Policy outlines the practices the City will use to proactively manage any unfunded liabilities determined by CalPERS actuaries in order to efficiently fund the long-term cost of benefits to the Pension Plan participants and annuitants.

Pension Costs and Liabilities. In order to fund its employees’ pension benefits, the City is required to make contributions (a portion of which comes from the employees) to CalPERS. CalPERS then invests these contributions to generate returns to help fund the pension benefits. The regular required contributions, known as the “no rmal cost,” are calculated as a percent of salaries and represent the annual cost of service accrual for the upcoming fiscal year for active employees. If, for any reason, the actual Pension Plan experience and investment performance fall short of the actuarial assumptions, the Pension Plan can become underfunded (i.e., the Pension Plan’s Normal Accrued Liability exceeds the Plan’s market value of assets). This shortfall is known as the Unfunded Accrued Liability (the “UAL”) and has to be covered by the Cit y through a series of UAL Payments, which are above and beyond the “normal cost” contributions. The UAL Payments are calculated in total dollar amounts, not as a percent of salaries.

The UAL can be caused by multiple factors, including but not limited to , changes to CalPERS’ actuarial amortization policy, retroactive pension benefit enhancements, investment underperformance, actuarial assumption changes, demographic factors, and discount rate reductions.

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A-3

UAL is Debt. The UAL balance at any given point in time is a debt of the City owed to CalPERS which is amortized over a set period of time with interest accruing at the then current CalPERS discount rate (the “Discount Rate”). However, this debt can be prepaid at any time without penalties. Recognizing th e UAL as debt helps the City identify proper steps to address it and minimize the associated financing costs.

Ongoing CalPERS Practices . Every year CalPERS prepares updated actuarial valuation reports for each of the City’s Pension Plans wherein it calculates the City’s total pension liability as of the end of the prior fiscal year (each a “Valuation Report”). If the investment performance during that fiscal year was different from the Discount Rate, or if CalPERS made any changes to its actuarial assumptions, or if the actual demographic or compensation experience within the Pension Plans was different from the actuarial assumptions, new line items, or UAL amortization “bases,” may be added to the plan and result in a change to the UAL balance. Such UAL amortization bases may be positive (indicating funding shortfall for the Pension Plans) or negative (indicating funding surplus for the Pension Plans). Since CalPERS can add new UAL amortization bases every year, the Pension Plans must be monitored annually and managed continually – there is no one -time solution.

CalPERS has adopted the UAL amortization methods that were meant to help public agencies “ease into” paying for the UAL increases. New UAL amortization bases are implemented incrementally, with a five-year ramp-up period, and at times include additional small increases in each of the subsequent years. The ramp-up period, while reducing the cash flow impact in the near term, increases the overall UAL repayment costs for the City by delaying repayment. Since the UAL balances accrue interest at the rate that is equal to the then current Discount Rate, the delayed payments prior to the commencement of the amortization and the reduced payments during the ramp-up period that do not fully cover the interest costs result in negative amortization, causing further increases to the UAL balance. To help reduce the overall costs of the UAL repayment, this Policy encourages level annual payments (i.e., no ramp-up) whenever possible.

Section 4. Policy

A. Funding Level Objective. It is the City’s policy to strive to achieve and maintain a Pension “Funded Ratio” (being the ratio by which the Market Value of Assets —as set forth in the most recently published Valuation Report --exceeds the Entry Age Normal Accrued Liab ility or “EANAL”—as set forth in the most recently published Valuation Report) for each Pension Plan of [85]%, but never dropping below [75]% (the “Funding Level Objective”).

Funding Level Objective = [85]%

Achieving and maintaining the [85]% Funding L evel Objective ensures that the ongoing contributions of the City and its employees, and therefore the taxpayer funds, are properly and adequately funding the retirement benefits of retirees and today’s workers. This concept is commonly referred to as the intergenerational equity. Falling short of this funded level forces future City Council to pay the costs of the poor planning and execution of today’s Pension Plans.

The reason for a Funding Level Objective of [85]% rather than 100% is to allow some cushion for Redlans Regular Meeting of 09-05-2023
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the possibility that good investment returns by CalPERS in a given year might push the Funded Ratio of a Pension Plan above 100% (commonly referred to as “superfunded status”), which means that the City and its employees had contributed into the Pens ion Plan more than was necessary.

Thus, while the City remains committed to maintaining a 100% funded level, it shall manage the [15]% differential (i.e., the difference between [85]% and 100%) through its own investment process by creating the “Pension Rate Stabilization Fund” discussed herein.

Guidance: To achieve the Funding Level Objective, this Policy provides the following guidance:

1. Pre-Pay the Entire Annual UAL Payment by July 31 st of each year . On or before July 1st of each year, the City receives its annual CalPERS UAL invoice. The City has two payments options. The invoice can (1) be paid in equal monthly increments or (2) be fully pre-paid at the beginning of the fiscal year by July 31st. By prepaying the entire invoice amount due by July 31st, the City can concurrently save approximately 3.3% compared to making the monthly payments. As such, every effort should be made to pre-pay the UAL payment upon receipt of the annual invoice.

2. Pre-Pay UAL from Reserves, One -Time Revenues and Fund Surpluses . Reserves (often invested in the Local Area Investment Fund) regularly do not earn returns that can offset the interest rate that CalPERS charges on the outstanding UAL balance.

Supplemental contributions into the Pension Plans from available reserves, one -time revenues and fund surpluses can generate substantial long -term net savings. Each supplemental contribution, referred to by CalPERS as an Additional Discretionary Payment (ADP), reduces the UAL balance, the Annual Required Contributions (ARC) for future years, and the total interest costs associated with the UAL. CalPERS does not apply any prepayment penalties to ADPs. Therefore, during each budget cycle, the City staff shall review all available reserves, one-time revenues and fund surpluses to determine whether any such funds could be used to make an ADP to pay down the UAL, keeping in mind operational and capital budgetary constraints while maintaining adequate reserves and balancing the fis cal soundness of eliminating the high -interest UAL debt. ADPs should not adversely affect the general operations and fiscal soundness of the City.

3. Capital Financing . When considering capital projects, staff regularly reviews and plans for reserving capital to cash fund current and future projects. When considering how to pay for current and future capital projects, staff should review the current tax- exempt market to assess if it would be more cost effective to borrow at tax -exempt rates to pay for the capital projects and redirect the reserved funding (and/or such other appropriate funds of the City) to make ADPs to CalPERS.

If there are projected cost savings by using this method, and a capital financing strategy is to be implemented, the City Coun cil would need to approve of the ADPs being paid to CalPERS prior to the financing to ensure that the annal savings generated by implementing the strategy are applied to UAL paydowns.

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4. Utilize Savings Achieved from Refunding Outstanding Non -Pension Related Debt to Pre-Pay UAL. During each budget cycle, staff should review all outstanding long- term non-pension related debt of the City to determine whether a refunding of such debt might result in net present value (NPV) savings of greater than 3%, and if so, consider a structure and strategy that frontloads the savings from such debt refunding, which can then be used to pay down the UAL. This strategy should only be used if the interest rates on the currently outstanding debt is sufficiently below the then -current Discount Rate to ensure that overall NPV savings of greater than 3% are achieved by the City.

5. Sources of Revenue. All fees, rates and charges should incorporate full allocation of pension costs for employees providing associated services. While som e funds cannot contribute more than their fair share (i.e., enterprise funds), they should not contribute less than their fair share. Staff shall review allocation of labor costs to proprietary and other funds to ensure full reimbursement of the pension co st burden. Staff shall provide, or cause to be provided, consistent and well -documented methodology for pension cost allocation to all funds.

6. Pension Obligation Financing . The City shall consider issuing taxable municipal debt obligations (generically h ereafter referred to as “Pension Obligations”) to refinance the UAL, in part or in whole, if such bond obligations are expected to produce minimum cash flow savings of at least [10]%, taking into account all debt service and costs of issuance associated with such bond obligations, in comparison to CalPERS’ respective UAL amortization schedule and the then-current Discount Rate.

Pension Obligations shall not utilize swaps or derivatives of any kind and should be structured with reasonable and flexible call provisions (with a maximum of 10 -year call provision). Pension Obligations shall be used only to prepay the UAL liabilities, and shall not be used to finance normal cost payments. The issuance of Pension Obligations must be voted upon and approved by the City Council.

7. Annual Review of the CalPERS Actuarial Valuation Reports and Associated Tasks. The City staff shall review or cause to be reviewed the annual CalPERS actuarial valuation reports within 30 days of their release by CalPERS, which usually takes place during the month of August. The review should focus on identifying the annual changes to each of the Pension Plans UAL, and quantifying the associated cost implications and the corresponding impact on the Funded Ratio. Staff should annually reach out to the City’s CalPERS actuary to request a calculation of flat payments (rather than ramp-up payments) for all outstanding and new UAL amortization bases.

In making ADPs, the City staff shall determine or cause to be determined the optimal application of the ADPs to the outstanding UAL amortization bases to achieve the Funding Level Objective as well as desired budgetary outcomes.

8. ADPs Shared Between All Benefiting City Funds . Whenever an ADP is made, the City will endeavor to ensure that all benefitting funds (the “Benefiting Funds”) Redlans Regular Meeting of 09-05-2023
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contribute their fair share in accordance with the City’s allocation method of charging off its pension costs for each City fund.

B. Establishment and Operation of a Pension Rate Stabilization Fund.

1. Establishment of a Pension Rate Stabilization Fund . The City shall establish a Pension Rate Stabilization Fund, either self -managed or a Section 115 trust fund managed by a third -party investment manager (the “Investment Manager”). The Pension Rate Stabilization Fund will receive Sequestered Savings (defined below in section B2a) and Sequestered Surplus (defined below in section B2b) as well as any other funds deposited into it at the discretion of the City Council, based on recommendations made by the City staff during the annual budget process. Funds in the Pension Rate Stabilization Fund should only be used to manage the City’s pension benefits costs to maintain each of the Pension Plans at the Funding Level Objective in accordance with the goals and objectives set forth in this Policy.

2. Funding the Pension Rate Stabilization Fund.

(a) Sequestered Savings . Upon the issuance of any series of Pension Obligations, the City will calculate, or cause to be calculated, the forecasted savings generated through the issuance of Pension Obligations. Of these projected savings, which are the difference between what the City was forecast to owe for CalPERS UAL at the time the Pension Obligations were issued and the debt service of the Pension Obligations, a fixed dollar amount equal to [50%] (or such other percentage as deemed appropriate by the City Council at the time of any issuance of Pension Obligations) of the total savings achieved by issuing Pension Obligations (the “Sequestered Savings”), shall be transferred from the Benefiting Funds (as established in section A8 above) and so long as the Funding Level Percentage has been achieved by all Plans, deposited into the Pension Rate Stabilization Fund on an annual basis until such time that the Pension Rate Stabilization Fund reaches the Pension Rate Stabilization Fund Maximum (as outlined in sectio n B3 below), and thereafter all Sequestered Savings will be directed to a “Pension Obligation Prepayment Fund” which will be established and maintained by the City for the purpose of prepaying any outstanding Pension Obligations.

(b) Sequestered Surplus. Each Fiscal Year during the City’s normal budget adoption process, beginning with the 2022-23 Fiscal year budget, and for each of the following 9 years, a percent between 0% and 10% of any available surplus from the prior Fiscal Year (the “Sequestered Surplus”) shall be set aside, transferred and, assuming that all Pension Plans are at or above the Funding Level Objective, deposited into the Pension Rate Stabilization Fund. If the Funding Level Objective has not been met by any plan, Sequestered Surpluses should first be directed to make ADPs sufficient to achieve the Funding Level Objective.

3. Operation of the Pension Rate Stabilization Fund . Sequestered Surplus and Sequestered Savings (and any other amounts contributed by the City ) shall be Redlans Regular Meeting of 09-05-2023
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deposited in the Pension Rate Stabilization Fund and used solely for the purpose of making ADP’s (and Normal Cost payments during a Fiscal Hardship, and/or to the extent the amount therein exceeds the Pension Rate Stabilization Fund Maximum, as described below) to CalPERS for the purpose of achieving and maintaining Funding Level Objective.

With the goal of achieving and maintaining the Funding Level Objective, each year during the budget cycle, City staff shall calculate, or cause to be calcu lated, the upcoming Fiscal Year’s estimated Funded Ratio by taking into account the most recent Valuation Report’s statement of Funded Ratio and adjusting for the estimated UAL amortization base that will be either added or subtracted due to the prior Fiscal Year’s investment result of either exceeding or falling short of the then current Discount Rate for that Fiscal Year (the “Estimated Funded Ratio”). If the Estimated Funded Ratio is estimated to be less than the Funding Level Objective, to the extent funds are available in the Pension Rate Stabilization Fund, the appropriate member of staff shall either make, or shall direct the Investment Manger to make, an ADP to CalPERS in the amount necessary to bring the Funded Ratio back up to the Funding Level Objective.

Additionally, if sufficient funds are available in the Pension Rate Stabilization Fund, staff shall assess whether to fully amortize any new UAL amortization bases in order to reduce the long-term interest costs associated with the “ramping” proced ures used by CalPERS.

Moneys in the Pension Rate Stabilization Fund shall not be used for normal costs until such time as the amount therein, when combined with the Market Value of Assets (as set forth in the most recently published Valuation Report) exc eeds the Entry Age Normal Accrued Liability (as set forth in the most recently published Valuation Report) by [110]% (the “Pension Rate Stabilization Fund Maximum”). To the extent monies in the Pension Rate Stabilization Fund on June 31st exceed the Pensio n Rate Stabilization Fund Maximum (after consideration has been given to the amounts therein required to be paid to CalPERS for the ensuing Fiscal Year to maintain the Estimated Funded Ratio at or above the Funding Level Objective), any accrued surplus over [110]% may be used to offset the City’s Normal Cost payment made to CalPERS in such Fiscal Year, and any Sequestered Savings will be directed to the Bond Call Fund.

4. Fiscal Hardship. In the event of a Fiscal Hardship (as defined below), transfers of Sequestered Savings may be abated and/or the Pension Rate Stabilization Fund may be utilized for either normal or UAL costs until the Fiscal Hardship is no longer in effect.

“Fiscal Har dship” means an economic hardship, or other unanticipated fiscal emergency, that has been declared by resolution of the City Council.

C. Transparency and Reporting. Funding of the Pension Plans should be transparent to all stakeholders, including plan pa rticipants, annuitants, the City Council, and City residents. To achieve this Policy objective, copies of the annual actuarial valuation reports for each Pension Plan Redlans Regular Meeting of 09-05-2023
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shall be made available to the City Council and shall be posted on the City’s website. Th e City’s audited financial statements shall also be posted on the City’s website because they include, among other things, information on the City’s current and future annual Pension Plan contributions as well as the funded status of each Pension Plan.

D. Annual Budget to Contain Policy Directed Information . The City’s annual operating budget shall consider the items specified in this Policy for inclusion in each such annual budget.

E. Review of Policy . Funding a defined benefit pension plan requires a long -term horizon planning approach. This Policy is intended to provide general objectives and guidelines, which will require periodic review to consider changes in the City’s financial position and Pension Pl an funded status over time. As such, City staff will review the policy for implementation of new best practices and will provide to City Council for adoption on an as needed basis, not to exceed 5 years.

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City Council/Successor Agency Meeting L. 2.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at university football games for the 2023-2024 school year (Fire Chief Sessler)
MOTION(S):

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

I move to approve the Memorandum of Understanding with the University of Redlands for standby paramedic services during the 2023-2024 school year.

RECOMMENDATION:

Staff recommends the City Council approve a Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at all university football games during the 2023-2024 school year.

DISCUSSION:

The University of Redlands has requested standby paramedic services at all football games during the 2023-2024 school year. The Redlands Fire Department has agreed to provide a Medic Squad or All Risk Vehicle, staffed with two personnel, to provide Advanced Life Support paramedic services at five football games during the 2023-2024 school year. The University of Redlands will compensate the City for these services at rates that will reflect the actual and reasonable costs incurred by Fire Department personnel to provide these services. In addition, should there be any playoff games, Fire Department emergency personnel will be available for any additional games.

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Staff is seeking City Council approval of a Memorandum of Understanding with the University of Redlands for the standby paramedic services to formalize the partnership between the City and the University.

ALTERNATIVES:

Not approve MOU for the provision of standby paramedic services.

STRATEGIC PLAN:

Priority B - Public Health and Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

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

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

The University of Redlands will compensate the City for the provision of the standby paramedic services for two Fire Department personnel for six hours each game at the rates reflected in Exhibit A of the MOU.

Attachments
MOU
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1 I:\cmo\Agreements\University of Redlands-Standby Paramedic Services FY22 -0229.doc-jm

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF REDLANDS AND

THE UNIVERSITY OF REDLANDS

FOR STANDBY PARAMEDIC SERVICES

This Memorandum of Understanding is made and entered into this 5th day of September, 2023 (the Effective Date) by and between the City of Redlands ( “City”) and the Un iversity of Redlands (“University”), who each are sometimes individually referred to herein as a “Party”, and collectively, as the “Parties.”

RECITALS

WHEREAS, the University has requested that the City enter into this Memorandum of Understanding to allow for the provision of standby paramedic services provided by the Redlands Fire Department to provide first response medical care at five University football games during the 2023-2024 school year; and

WHEREAS, the Univers ity agrees to compensate City for the provision of standby emergency services by the Redlands Fire Department at each University football game; and

WHEREAS, the Fire Chief concurs with, and consents to this M emorandum o f Understanding;

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

AGREEMENT

1. The Redlands Fire Department shall provide Advanced Life Support (ALS) standby Paramedic services (“Services”) at five (5) football games at the University for a duration of six hours each game during the 20 23-2024 school year beginning September 16, 202 3 through November 11, 2023. The Services shall include the following:

A. Provide ALS (Paramedic) service with a standby crew consisting of a Paramedic Squad or All Risk Vehicle (ARV) staffed by two (2) Redlands Fire Department personnel for ALS medical care at University football games.

B. The standby crew will be present at Ted Runner Stadium, 1200 E Colton Ave, Redlands, CA 92374 he following scheduled dates a nd times , unless advised differently by the University:

1. September 16, 2023 – 5:00 P.M. to 11:00 P.M.

2. October 7, 2023 - 5:00 P.M. to 11:00 P.M.

3. October 14, 2023 - 5:00 P.M. to 11:00 P.M.

4. October 28, 2023 – 5:00 A.M. to 11:00 P.M.

5. November 11, 2023 - 11:00 A.M. to 5:00 P.M.

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C. University shall make a written request to the Fire Chief for additional Services for playoff games which may be scheduled by the University.

2. The University shall compensate the City for the Services at the City rates in Exhibit A which are in effect on the Effective Date of this Memorandum of Understanding. The City rates reflect the actual and reasonable costs incurred by the City in providing the Services.

3. The University will provide the Fire Chief with any additional changes in scheduling, cancellations, reporting location, special instructions or guidelines, and point of contact information.

4. Either party may terminate this Memorandum of Understanding in th e event that the Redlands Fire Department could not provide the appropriate staff to provide the services due to a city-wide emergency or a department staffing shortage at any time by giving fourteen (14) days prior written notice of termination to the other Party. All outstanding charges for Services rendered up to the date of termination shall be paid to City on the effective date of termination.

5. City shall hold harmless, defend and indemnify the University, and its officers, board members, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the City’s performance under this Memorandum of Understanding, provided that any s uch claim , loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or injury to or destruction of property, and arises out of or is connected with the performance of the Services by City under this Memorandum of Understanding. Nothing herein shall be interpreted to obligate City to indemnify and defend the University and its officers, board members, employees and agents for the University’s sole negligence or willful misconduct.

The University shall hold harmless, defend and indemnify City, and its officers, employees, and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the University’s performance under this Memorandum of Understanding, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, dis ease, death or injury to or destruction of property, arises out of or is connected with the performance of the of University under this Memorandum of Understanding. Nothing herein shall be interpreted to obligate the University to indemnify and defend the City and its officers, employees, and agents for the City’s sole negligence or willful misconduct.

In the event o f concurrent negligence, the liability for any and all claims for injuries or damages to persons and/or property which arise out of or relate t o this Memorandum of Understanding shall be apportioned under the California theory of comparative n egligence as established presently, or as may be hereafter modified.

6. Both Parties shall self-insure or maintain a policy or policies of insurance as set forth below for the term of this Memorandum of Understanding:

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3 I:\cmo\Agreements\University of Redlands-Standby Paramedic Services FY22 -0229.doc-jm A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements or certification of self-insured or exemption from the workers’ compensation laws of the State of California.

B. Comprehensive General Liability insurance in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required.

C. Business Auto L iability coverag e, wit h minimum limits of O ne Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all owned vehicles, hired and non-owned vehicles, and employee non-ownership vehicles.

7. The University’s Department of Public Safety shall cooperate with the City and its Fire Department in any emergency incidents relating to actions pursuant to the authority provided by this Memorandum of Understanding.

8. In the event any action is commenced to enforce or interpret the terms or conditions of this Memorandum of Understanding, the prevailing party in such action shall be entitled to recover, in addition to its costs and other relief, its reasonable attorneys ’ fees, including fees for in-house counsel of the respective Parties at rates prevailing in San Bernardino County, California.

9.. This Memorandum of Understanding r epresents the entire ag reement of the Parties hereto as to the matters contained herein, and any prior negotiations, verbal and written agreements with regard to the subject matter hereof between the City and the University are superseded by this Memorandum of Understanding. Any amendment to this Memorandum of Understanding shall be in writing, approved by City and signed by City and University.

CITY OF REDLANDS

Date
Eddie Tejeda, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

CONCUR:

Date
Rich Sessler, Fire Chief

UNIVERSITY OF REDLANDS
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___ Date Donna Eddleman, Dean of Student Affairs
University of Redlands
RATE 6 HRS
FF/PM 36.17 217.005
FF/PM 36.17 217.005
TOTAL: 434.01$
Fire Engineer 41.79 250.74
FF/PM 36.17 217.01
TOTAL: 467.75$
Fire Captain 48.12 288.72
FF/PM 36.17 217.01
TOTAL: 505.73$

SCENARIOS
Two FF/PMs
Engineer & FF/PM
Captain & FF/PM

EXHIBIT A

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City Council/Successor Agency Meeting L. 3.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility for an amount not to exceed $3,000,000; approval of an additional appropriation of the same; and determination that approval of the agreement is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council find that approval of a Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines; and

1. I move that the City Council approve the Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility in an amount not to exceed $3,000,000; and

2. I move that the City Council approve an additional appropriation in the amount of $3,000,000.

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RECOMMENDATION:

Staff recommends that the City Council find that approval of a Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility in an amount not to exceed $3,000,000. is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Staff further recommends that City Council approve the Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility in an amount not to exceed $3,000,000 and approve an additional appropriation of the same.

DISCUSSION:

In December 2021, the City Council approved a Purchase and Sale Agreement for the acquisition of the property located at 1625 W. Redlands Blvd for the future development of a public safety facility to be utilized by the Redlands Police Department. The Police Department currently occupies two facilities: 30 Cajon Street (Annex) for administrative and support staff and 1270 Park Ave (Corporate Yard) for sworn personnel. This facility will house all of the current Police Department staff, consisting of approximately 90 sworn personnel and 59 support and volunteer staff, while allowing for future growth.

In February 2023, the City Council awarded a contract to Holt Architects, Inc., for the design and construction management of the City's Police Department Safety Hall Facility. In May 2023, staff advertised a Request for Proposal for Master Construction Services (Multiple Prime) for this project. A total of 14 consultants were solicited and eight responsive bids were received. A selection committee reviewed and ranked each organization in accordance with the City's procurement policy. Based on these evaluations, Tilden-Coil Constructors was selected as the most qualified firm, based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required.

The traditional model for cities to undergo a construction project is referred to as "design-bid-build." That process includes hiring an architect, bidding the project, and awarding a construction contract to a contractor. However, many public agencies are beginning to use a method referred to as construction management/ multiple prime delivery to better manage large projects and mitigate risk. CM Multi-Prime, as it is commonly referred, is a project delivery method in which the professional contractor/ construction manager ("CM") serves as a consultant on a project from inception to completion. The City also Redlans Regular Meeting of 09-05-2023
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enters into separate construction contracts directly with subcontractors who are managed by the CM.

During the design phase, the contractor collaborates with the architect to ensure that the project is reconstructable and cost estimates are accurate. The CM will also assist the City with bidding the construction contracts and reviewing subcontractor qualifications. During the construction phase, the contractor manages the project and helps ensure timely delivery. “Multi-Prime” refers to the City’s direct contracting with more than one trade contractor as opposed to utilizing a General Contractor to procure trade contractor services. The advantages of this method include access to an independent, construction-based perspective during the design phase; competitive bidding processes; reduced change orders; greater control over schedule; and use of the CM as the City's representative/advocate throughout the construction process. For these reasons, the CM/Multiple Prime approach is recognized and widely used in the public and private sectors as an effective and efficient means of achieving successful delivery of construction projects.

This action includes approval of a professional services agreement and payment is based on time and materials expended, not to exceed $3,000,000. The actual cost will be largely dependent on the project scope which is currently under design. The architect will provide progress updates through staff to the City Council throughout the design process.

The proposed project is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15061(b)(3). Section 15061(b)(3) applies to those activities where it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Approval of the Professional Services Agreement will not result in any physical change to the environment.

ALTERNATIVES:

City Council may elect not to approve the agreement and direct staff accordingly.

STRATEGIC PLAN:

Supports Priority B - Public Health and Safety, Strategic Objective 2 - Complete steps to prepare for construction of a police station.

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SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

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

Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: FY 2023-24
Appropriation Required Y/N: Y
Amount: $3,000,000
Account No.: 406501 8501
Discussion:

This expense will be offset with a release of the Future Facilities Reserve from the General Fund. The current balance of that reserve is $22,111,486.

Attachments
A. Agreement
B. Additional Appropriation Form
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1 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR

AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for Master Construction Management Services (“Agreement”) is made and entered in this 5th day of September 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Tilden-Coil Constructors, Inc. , a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide and perform services in connection with the preconstruction, bidding, and construction management of the projects in connection with the Redlands Police Department Safety Hall Facility Project as assigned from time-to-time by the City to the Consultant under this Agreement (the “Services. The specific terms and conditions for each task assigned to Consultant as an assigned project (“Assigned Project”) will be as set forth in the Task Order Form set forth in the form attached hereto as Exhibit “B”, which is attached hereto and incorporated herein by this reference.

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

ARTICLE 2 – SERVICES OF CONSULTANT

2.1 The Construction Management (CM) Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference and as assigned by City in the Task Order Form for the Assigned Project.

2.2 Standard of Performance. Consultant shall at all times faithfully and competently perform the Services in accordance in a manner satisfactory to the City and consistent with the skill and standard of care generally exercised by like professionals under similar circumstances.

2.3 Time of Performance. Consultant shall commence the Services upon receipt of a written notice to proceed from City and shall perform all Services in conformance with the timeline set forth in the Task Order Form for the Assigned Project or as otherwise established by the Parties in writing.

2.4 Personnel. Consultant has, or shall secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services shall be performed by Consultant or under its supervisions, and all personnel engaged in the work shall be qualified to perform such Services.

2.5 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agr eement including, but not limited to, any applicable State prevailing wage laws.

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2.6 Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of t he Services under this Agreement, including a business license.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates Chris Boatman, Assistant City Manager , 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 the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the timelines set forth in the Task Order Form for the Assigned Project or as otherwise established by the Parties in writing.

4.2 The Term of this Agreement shall commence on September 6, 2023, and shall terminate sixty (60) months thereafter on September 6, 2028 . Notwithstanding expiration of the Term, if at such time, there are remaining Services or Additional Services authorized by City in advance pursuant to Section 5.3 to be performed by the Consultant in connection with an Assigned Project pursuant to a Task Order Form issued prior to expiration of this Agreement, the Consultant shall continue to diligently perform and complete all such remaining Services or authorized Additional Services for the Assigned Project subject to such a Task Order Form; notwithstanding expiration of this Agreement, the City will continue to make payment for the Services and authorized Additional Services performed in connection with an Assigned Project after expiration of this Agreement in accordance with the terms of the Task Order Form for such an Assigned Project.

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

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Compensation: Total compensation for Consultant’s performance of the Services shall be in an amount not to exceed Three Million Dollars ($3,000,000) without written authorization by the City. City shall pay Consultant in accordance with Exhibit “C,” titled “Fee Schedule and Hourly Rates” which is attached hereto and incorporated herein by this reference. The compensation due the Consultant for Services for each Assigned Project shall be as set forth in the Task Order Form for each Assigned Project. Payment of the Task Order Contract Price for an Assigned Project will be made by the City in accordance with the terms hereof. The Contract Price includes the fee of the Consultant, and personnel expenses of the Consultant and sub-consultants, inclusive of all benefits and burdens, travel for personnel of the Consultant and sub-consultants to and from the Site, travel within the Counties of Los Angeles, Orange, Riverside and San Bernardino, insurance and other Redlans Regular Meeting of 09-05-2023
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3 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR overhead costs associated with or arising out of performance and completion of Services for an Assigned Project. The Contract Price due the Consultant for an Assigned Project shall be establ ished by mutual agreement of the Consultant and the City, and shall be determined using the following:

1. Consultant Fee. Consultant Fee shall be calculated for each Task Order Form based on the anticipated sum of prime contracts for the Assigned Project at the rates identified in Exhibit C.

2. Preconstruction Labor. A not to exceed budget based upon Consultant’s rates listed in Exhibit C shall be included, if applicable, in the Task Order Form for each Assigned Project.

3. General Conditions – A not to exceed budget base upon Consultant’s rates listed in Exhibit C and agreed upon reimbursable expenses to support the Assigned Project shall be included in the Task Order Form for each Assigned Project.

5.2 Expenses. City shall reimburse Consultant for those expenses expressly set forth in the Task Order Form for each Assigned Project. Any expenses incurred by Consultant which are not expressly authorized by this Agreement or the Task Order Form will not be reimbursed by City.

5.3 Additional Services. City shall not allow any claims for Additional Services performed by Consultant, unless the City Council or City Representative, as applicable, and the Consultant Representative authorize the Additional Services in writing prior to Consultant’s performance of the Additional Services or incurrence of additional expenses.

Any Additional Services or expenses authorized by the City Council or City Representative shall be compensated at the rates set forth in Exhibit C, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for Additional Services and expenses in accordance with Section 5 of this Agreement.

5.4 Invoices. The Consultant will submit monthly billings for payment of the Contract Price due under each Task Order Form for an Assigned Project in accordance with the following:

Consultant Fee: Upon commencement of the Construction Phase of the Assigned Project, the CM may invoice the City for twenty five percent (25%) of its Services Fee. The CM shall thereafter invoice the balance of the Services Fee in monthly increments based upon the percent complete of the Assigned Project

Preconstruction and General Conditions: The Consultant’s billings shall: (i) identify each member of the Consultant’s personnel who performed any Services or authorized Additional Services in the preceding month; (ii) a detailed description of the services, tasks or other activities for each time entry; (iii) time entries shall be in increments of no more than one -half hour; all reimbursable costs i dentified in the Task Order Form shall be supported by an invoice, receipt or acceptable documentation. If the compensation due the Consultant under a Task Order Form for an Assigned Project is a lump sum fixed price, the Consultant’s monthly billings shall be for the portion of the lump sum, fixed price due for the immediately preceding month, as set forth in the Task Order Form for the Assigned Project. If requested by the City, the Consultant shall provide reasonably satisfactory substantiating data for payment requested by the Consultant.

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5.5 Payment. City shall pay all undisputed invoice amounts within 30 business days after receipt. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other ta xes, or other similar deductions, from payments made to Consultant.

5.6 Audit of Records . Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

ARTICLE 6 – NOTICES

6.1 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 del ivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other a ddress as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Dayne Brassard, President & CEO
City of Redlands Tilden-Coil Constructors, Inc.
35 Cajon Street 3612 Mission Inn Ave.

P.O. Box 3005 (mailing) Riverside, CA 92501
Redlands, CA 92373 Email: [email protected]
[email protected] Phone: 951-684-5901
Phone: (909) 798-7531

ARTICLE 7 – INSURANCE AND INDEMNIFICATION

7.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.

Consultant shall provide City wi th certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “ E,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

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B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($ 4,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of Two Million Dollars ($2,000,000) per claim made.

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

Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add suc h assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. This provision 7.1 shall survive termination or expiration of this Agreement.

7.2 Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify, defend and hold harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultants in the role of City officials (“Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, are claimed to arise out of, pertain to, or relate, in whole or in part, to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, servants, emp loyees, subcontractors, material men, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement. C onsultant’s duty to defend shall consist of reimbursement of defense costs incurred by Indemnitees in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agr ee to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Indemnitees. Notwithstanding, the provisions of this section pertaining to the duty and cost to defend shall not apply where a project -specific general liability policy insures all project participants for general liability exposures on a primary Redlans Regular Meeting of 09-05-2023
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7.3 Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages , costs, expenses, liabilities, claims, demands, causes of action and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages and whet her for personal or bodily injury and/or death, property damage, or economic injury (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omis sions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performanc e of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in co nnection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. This provision 7. 3 shall survive termination or expiration of this Agreement.

7.4 Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 7 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole n egligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. This provision 7.4 shall survive termination or expiration of this Agreement.