Agenda packet — Redlands City Council, February 6, 2024 (part 1 of 3)

CITY OF REDLANDS

CITY COUNCIL

A G E N D A
FEBRUARY 6, 2024

EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MARIO SAUCEDO
Council Member
***

JEANNE DONALDSON
City Clerk

PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN JR.

City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
Recycled Paper
Redlands Regular Meeting of 02-06-24
1 of 857

A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:

TUESDAY, FEBRUARY 6, 2024
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org or
to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.

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

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

To provide comment while participating from Council Chambers:

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

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

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

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

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

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
Recycled Paper
Redlands Regular Meeting of 02-06-24
2 of 857
5:00 P.M.

A. Call City Council Meeting to Order
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session

1. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Two Cases:

California Department of Housing and Community Development v. Shangri-la Industries, LLC, et al., Los Angeles Superior Court, Case No. 24STCV00629 a.

City of Redlands v. Coyote Aviation, Inc., San Bernardino Superior Court, Case No.

LLTVA2200544
b.

2. Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: APN 0292-063-38-0000; (former Goodnight Inn) Agency
Negotiators:

Charles M. Duggan, Jr., City Manager; Chris Boatman, Assistant City Manager
Negotiating Party: Andrew Meyers Abdul-Wahab; 1675 Industrial Park, LP.

Under Negotiation: Terms of payment and price for possible purchase of property by the City.

Recycled Paper
Redlands Regular Meeting of 02-06-24
3 of 857
6:00 P.M.

D. Reconvene City Council Meeting
E. Invocation by Council Member Guzman-Lowery
The Civil Air Patrol Color Guard will present colors and lead the Pledge of Allegiance (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations

1. Redlands Pet Adoption (Redlands Animal Services)

2. Presentation of Black History Month proclamation to Jina Imani, Josiah Bruny, Ken Ford, Joe Richardson, and Pastors Dr. Jackie Green and Anthony Green

3. Recognition of Achievement certificate presented to Esteban Matute for Eagle Scout ranking H. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve the regular meeting minutes of January 16, 2024, and the special meeting minutes of January 16, 2024 (City Clerk Donaldson)

2. Authorize issuance of a proclamation declaring the month of February to be Black History Month in the City of Redlands (Council Member Davis)

3. Approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement, and approve the incremental increase in member dues to $50,139 (City Manager Duggan)

4. Adopt Resolution No. 8524 approving the destruction of certain public records in the City Manager's Office (Assistant City Manager McConnell)

5. Approve the Side Letter of Agreement between the City and Teamsters Local 1932 modifying language in Article 27 of the Memorandum of Understanding to clarify sick leave benefits at the time of retirement (Assistant City Manager McConnell)
Recycled Paper
Redlands Regular Meeting of 02-06-24
4 of 857

6. Accept the 2021 Homeland Security Grant Program Funding award in the amount of $18,679 for the purchase of portable radios and authorize an additional appropriation for the same amount (Fire Chief Sessler)

7. Approve the sole source purchases of the Collision Report Writer application from Crossroads Software in the amount of $39,900, and the Spillman Crossroads Accident Computer Aided Dispatch (CAD) Interface from Motorola Solutions in the amount of $37,612.23 for a total cost of $77,512.23 (Police Chief Tolber)

8. Approve the Agreement with CRS Redlands for $180,000, paid from the Encampment Resolution Funding Grant, to provide temporary shelter beds to the homeless, and determine that the agreement is exempt from environmental review pursuant to Section 15301 of the State’s Guidelines for Implementing the California Environmental Quality Act (Assistant City Manager Boatman)

9. Approve a $51,684.08 sole source purchase from Thermo Fisher Scientific, LLC for laboratory equipment (Municipal Utilities and Engineering Director Harris)

10. Approve a Non-Professional Services Agreement with R&J Construction LLC for the Wastewater Control Building Remodel Project, in an amount not to exceed $70,000 and determine that this project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

11. Approve a Cooperative Agreement with the San Bernardino County Flood Control District; and a Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. to extend the project completion to December 31, 2024, and increase the agreement amount by $162,415, for the California Street and Redlands Boulevard Intersection Widening Project, and determination that these actions are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

12. Approve the Equipment Rental Agreement with C5 Equipment Rentals for the 5-month rental of a D8 Dozer in the amount of $90,000, and a sole source purchase order and that approval of the rental agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of CEQA Guidelines (Facilities and Community Services Director Crocker)

13. Approve a Professional Services Agreement with Community Works Design Group for the design of the City's Sylvan Park BMX Pump Track project for an amount not to exceed $99,279, approve an additional appropriation in the amount of $99,279, and determine that approval of the agreement is exempt from environmental review pursuant to Section 15301 of the State’s Guidelines Implementing the California Environmental Quality Act( Facilities and Community Services Director Crocker)

14. Approve the Facility Use Agreement with Civil Air Patrol, Redlands Cadet Squadron 411 at the Redlands Municipal Airport for a period of 5 years (Facilities and Community Services Director Crocker)

15. Approve the Facility Use Agreement with the AARP Foundation for use of the Community Center and Joslyn Senior Center to provide tax assistance and a driver safety program to senior citizens and determine that approval of the agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines (Facilities and Community Services Director Crocker) Recycled Paper
Redlands Regular Meeting of 02-06-24
5 of 857
J. Communications

1. Annual Report of the Airport Advisory Board by Chair Jason Golembeski (Facilities and Community Services Director Crocker)

2. Annual Report of the Street Tree Committee by Vice Chair Christine Sedmack (Facilities and Community Services Diretor Crocker)

3. Conference Report- 2024 League of California Cities Mayors and Council Members Academy (Council Member Saucedo)

4. Discussion and possible action relating to the Bicycle Rideshare Program (Facilities and Community Services Department Director Crocker)
K. New Business

1. Consideration of the 2024-2025 Community Development Block Grant Program Year proposed project listing, and authorization for submittal of the 2024-2025 Cooperating City Recommended Projects Form to the County of San Bernardino Community and Housing Division (Development Services Director Desatnik)

2. Consideration of a Public Work Contract with Matich Corporation for the Pavement Management Program (PMP) 2023 Street Resurfacing Project for an amount not-to-exceed $4,381,606, approval of a $381,606 additional appropriation from the unassigned PARIS Fund balance, and determination that the Project is categorically exempt from environmental review pursuant to Section 15301 of the State's Guidelines for Implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

3. Consideration of a purchase order modification with Enterprise FM Trust for a vehicle lease and maintenance program for an amount not to exceed $1,878,305, and approval of the list of authorized signers for the Enterprise Fleet Management Program (Facilities and Community Services Department Director Crocker)

4. Consideration of an Assignment and Assumption Agreement between the City of Redlands, Southern California Fleet Services, Inc., and SVT Fleet, LLC, for Onsite Fleet Maintenance and Repair Services (Facilities and Community Services Director Crocker)

5. Adoption of Resolution No. 8547, amending Resolution No. 8331 and rescinding Resolution No. 8496, to approve the First Amendment to the Agreement with P & S Truck Center for heavy-duty truck repair parts, increasing the total compensation to an amount not-to-exceed $147,854; and a Second Amendment to the Agreement with Ken Grody Ford for Ford Original Equipment Manufacturer (OEM) parts and repair services, increasing the total compensation to an amount not-to-exceed $524,242 and make the determination that adoption is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines (Facilities and Community Services Director Crocker)

6. Consideration of the Public Work Contract with Superior Roofing Systems, Inc. for an amount not-to-exceed $260,925 for the Citrus Center Building Roof Repairs Project, approval of an additional appropriation in the amount of $287,017, and determination that the project is exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) L. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
Recycled Paper
Redlands Regular Meeting of 02-06-24
6 of 857
M. Adjournment
The next regular meeting of the City Council will be held on February 20, 2024.

If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.

Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.

Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org
. Agendas, staff reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org.

Recycled Paper
Redlands Regular Meeting of 02-06-24
7 of 857
City Council Meeting I. 1.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of January 16, 2024, and the special meeting minutes of January 16, 2024 (City Clerk Donaldson) MOTION:

I move to approve the regular and special meeting minutes of January 16, 2024.

Attachments
Regular meeting minutes of January 16, 2024
Special meeting minutes of January 16, 2024
Redlands Regular Meeting of 02-06-24
8 of 857

MINUTES

Regular meetings of the City Council and the Redlands Financing Authority of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on January 16, 2024 at 5:00 P.M.

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

Mayor Tejeda called the meeting to order at 5:07 p.m. and explained that comments could be presented in-person, via Zoom, via cell phone or landline. The Mayor read a statement summarizing a timeline related to the ground lease of Coyote Aviation, Inc. and then offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT

Coyote Aviation - Seven people, including Joel Rothschild, Carol Brown, Gil Brown, Scot Weiner, Michael Paisner, Eric Paul, and Barry Neumayer voiced their displeasure with the City's treatment of Coyote Aviation, stating they thought it seemed the City was determined to unfairly shutter the local business. The group suggested that the Council may be receiving misinformation, and they urged them to diligently review everything again and renegotiate the lease. They asked the City to stop the eviction proceedings and respect the personal property at stake.

CLOSED SESSION

Conference with legal counsel: Initiation of Litigation - Government Code §54956.9(d)(4):

Two (2) Cases.

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Four Cases:

City of Redlands v. Coyote Aviation, Inc., San Bernardino Superior Court, Case No.

LLTVA2200544

Scates v. City of Redlands, San Bernardino Superior Court, Case No. CIVSB 2127794

CC_RFA_January 16, 2024

Page 1 ends

Redlands Regular Meeting of 02-06-24
9 of 857
Rogers, et al. v. City of Redlands, San Bernardino Superior Court, Case No.

CIVSB2126031

California Department of Housing and Community Development v. Shangri-la Industries, LLC, et al., Los Angeles Superior Court, Case No. 24STCV00629 d.

Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)

Property: APNs 0292-063-38-0000

Agency
Negotiators:

Charles M. Duggan, City Manager; Chris Boatman, Assistant City Manager
Negotiating Party: Andrew Meyers Abdul-Wahab; 1675 Industrial Park, LP Under Negotiation: Terms of payment and price for possible purchase of property by City.

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 6:46 P.M. with Mayor Tejeda leading the pledge of allegiance to the American flag.

CLOSED SESSION REPORT

City Attorney Garcia announced, under Item C-1, Consideration of Two Cases of Initiation of Litigation, the City Council unanimously authorized in the first case, by motion of Council Member Saucedo and seconded by Mayor Pro Tem Barich, to initiate litigation, which once filed will be available in the City Clerk’s office. There was no reportable action in the second case of Initiation of Litigation. Furthermore, she announced there was no reportable action on all remaining items under Closed Session.

PRESENTATIONS

Proclamation Declaring January 5th as a Day of Remembrance Gail Howard and the families of Quinn McCaleb and Andrew Jackson accepted Proclamations from Mayor Tejeda and Mayor Pro Tem Barich, declaring January 5th as a Day of Remembrance of the Lives of Quinn McCaleb and Andrew Jackson, victims of a tragic act of gun violence at the Cinnamon Creek Apartments on the night of January 5, 2011. Each Council Member read from the proclamation as a way to honor and remember the victims and their families.

PUBLIC COMMENT

Open Government - Stephen Rogers read from an email sent to the City Council earlier in the day, concerning an LA Times article indicating that the State's housing department has filed suit for $114 million against Shangri-La Industries, LLC, and has named as defendants the cities that applied with the developer for the grants, including Redlands. Mr. Rogers went on to say he thought this was evidence that the City's projects are being mishandled by unqualified staff, who do not have the appropriate training or engineering background to manage the CC_RFA_January 16, 2024

Page 2 ends

Redlands Regular Meeting of 02-06-24
10 of 857
due diligence process, valuation and appraisals involving the city’s numerous real property transactions, and construction contract development. In response, City Manager Duggan expressed with strong displeasure, the unsubstantiated use of the word fraudulent made by Mr. Rogers and urged him to stop attacking staff.

CONSENT CALENDAR

Minutes

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the regular meeting minutes of December 19, 2023.

Vote: 5 - 0 Passed

Proclamation Declaring January 5th as a Day of Remembrance

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring January 5th as a Day of Remembrance of the Lives of Quinn McCaleb and Andrew Jackson, victims of the tragedy at the Cinnamon Creek Apartments.

Vote: 5 - 0 Passed

2024 Utilities Advisory Committee Appointments

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously appointed, by roll call vote, the following individuals to serve two-year terms on the 2024 Utilities Advisory Committee ending January 16, 2026: Desiree Reyes, Brandon Lopez, Sid Jain, Aholibama Ojeda, Dan Jimenez, John James and Richard Corneille.

Vote: 5 - 0 Passed

Resolution No. 8541 CFD Annexation No. 29

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and adopted Resolution No. 8541, Annexation No. 29 declaring intent to annex territory into Community Facilities District 2004-1. A public hearing is scheduled for the City Council meeting on February 20, 2024.

Vote: 5 - 0 Passed

Purchase and Installation Bay Doors at Fire Stations

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the CC_RFA_January 16, 2024

Page 3 ends

Redlands Regular Meeting of 02-06-24
11 of 857
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, a non-professional services agreement with JT Lewis, Inc. doing business as National Garage Door in the amount of $490,205 for the purchase and installation of bay doors at Fire Stations 261, 262, and 263.

Vote: 5 - 0 Passed

Amazon Fulfillment Center Donation

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously authorized, by roll call vote, a donation of sixteen (16) CTECHi ST2000 portable power stations valued at $25,584 from Amazon Fulfillment Center ONT9; and approved an additional appropriation in such amount for the same.

Vote: 5 - 0 Passed

Reject Bids Streetlight Poles, Bollards, & Fixtures Painting

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously rejected, by roll call vote, all Bids for Streetlight Poles, Bollards, and Fixtures Painting Project FCS10022023JBII, to permit staff to augment the bid specs and re-post on the bid board.

Vote: 5 - 0 Passed

In-Kind Request Stronger Together Now Giving Sunday February 25, 2024

Facilities and Community Services Director Crocker introduced the request for a street closure of a portion of 5th Street from 9:00 a.m. to 7:00 p.m. and a request for commercial vendors for the Giving Sunday Event, hosted by Stronger Together Now (STN) to be held on February 25, 2024, within Ed Hales Park. Staff recommended expenditure of city resources and in-kind support in the amount of $1,969 related to the event.

As public comment, MaLynda Cooper, Michael Paisner, Ulysses Mora, Titus R. Smith, and Janelle Guerrero voiced their support of the group's efforts to be a positive force, and they added the Giving Sundays events promote peace, unity and inclusion within the community.

Joshua Hall opposed granting the request because, in his opinion, the events promoted the LGBTQ+ agenda. Council Member Guzman-Lowery clarified that STN holds events throughout the region, not just in Redlands. Council Member Saucedo suggested the group consider holding the Giving Sundays at a different site in Redlands, where the underserved population might have more accessibility.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that this event is categorically exempt from environmental review pursuant to Section 15311 of the State's guidelines implementing the California Environmental Quality Act; authorized the closure of a portion of 5th Street from 9:00 a.m. to 7:00 p.m. on February 25, 2024; and approved the expenditure of city resources and in-kind support in the amount of $1,969.00 related to the event for the Stronger Together Now Giving Sunday within Ed Hales Park.

Vote: 5 - 0 Passed
CC_RFA_January 16, 2024

Page 4 ends

Redlands Regular Meeting of 02-06-24
12 of 857
Vote: 5 - 0 Passed

Sale of South Mountain Water Company Shares

Municipal Utilities and Engineering Director Harris provided background of the Agreement to sell 250 South Mountain Water Company shares to The Dangermond Park Foundation for $125,000, fifteen (15) South Mountain Water Company shares to the Yucaipa Valley Water District for $7,500. In February 2023, the City Council authorized the City Manager to solicit purchase offers and terms for the sale of all or a portion of the City's 911 SMWC shares. After conducting a thorough due diligence process, the Dangermond Park Foundation (DPF) offered to purchase 250 of the City-owned SMWC shares for $500 per share, for a total purchase price of $125,000. Approval of the DPF Agreement will reduce the number of SMWC shares owned by the City to 661.

An unsolicited proposal from the Yucaipa Valley Water District (YVWD) stating that YVWD was interested in purchasing the City's 661 remaining SMWC shares but was currently conducting its pre-purchase due diligence effort. They requested to purchase fifteen of the City's remaining SMWC shares for $500 per share, for a total of $7,500, to allow YVWD representatives to attend the 2024 SMWC Annual Stockholders Meeting while they finalize their due diligence effort. As public comment, Stephen Rogers was unclear whether proper due diligence was performed and thought this item did not belong on the Consent Calendar. Bruce Laycook said the staff report was thorough and explained that YWD was performing the proper due diligence, and he supported the City selling the shares.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Mario Saucedo, the City Council unanimously determined, by roll call vote, that approval of the Stock Sale Agreements to sell two hundred and fifty (250) South Mountain Water Company shares to The Dangermond Park Foundation for a total sale price of $125,000, and fifteen (15) South Mountain Water Company shares to the Yucaipa Valley Water District is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; approved a Stock Sale Agreement to sell 250 South Mountain Water Company shares to The Dangermond Park Foundation for a total sale price of $125,000; and approved a Stock Sale Agreement to sell fifteen (15) South Mountain Water Company shares to the Yucaipa Valley Water District for a total sale price of $7,500.

Vote: 5 - 0 Passed

COMMUNICATIONS

Parks and Recreation Advisory Commission Annual Report

Chair Doug Gonzales presented the Annual Report of the Parks and Recreation Advisory Commission (PRC). He shared notable achievements of the Commission including, the acceptance of the 'Peloton Takes the Curve' sculpture generously offered by the talented Kathleen King-Page with an installation which coincided with the 2023 Redlands Bicycle Classic event, and the approval of a proposal for the donation of the Orange Street Alley umbrellas to enhance the aesthetic appeal of the downtown. The Commission recommended the initiation of plans for the development of a BMX pump track at Sylvan Park and the initiation of plans for a comprehensive redesign of Texonia Park. They accomplished the approval of field allocations for both the Summer/Fall and Winter/Spring seasons, ensuring CC_RFA_January 16, 2024

Page 5 ends

Redlands Regular Meeting of 02-06-24
13 of 857
approval of field allocations for both the Summer/Fall and Winter/Spring seasons, ensuring organized sporting activities, and lastly, they recommended for approval the vendor lists for Morning Market to foster a vibrant and diverse marketplace for the community. Council Member Saucedo congratulated the Commission on their commitment to the city.

2024 Regional SCAG Conference Voting Delegate

Mayor Tejeda opened the discussion to consider designating a Voting Delegate to represent the City at the 2024 Regional Conference of the Southern California Association of Governments (SCAG) and General Assembly in Palm Desert. As public comment, Stephen Rogers stated that SCAG was one of the most important agencies in the region, and he was disheartened that Mayor Tejeda was not attending the conference. Council Member Saucedo reminded everyone this item was to consider the selection of a voting delegate and any Council Member could attend. Mayor Tejeda stated he had every confidence in Council Member Saucedo and Mayor Pro Tem Barich echoed the sentiment. He looked forward to attending, as did Council Member Davis.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously designated, by roll call vote, Council Member Mario Saucedo to serve as the voting delegate at the 2024 Regional Conference of the Southern California Association of Governments (SCAG); and designated Mayor Pro Tem Barich to serve as the alternate voting delegate at the 2024 Regional Conference of the Southern California Association of Governments (SCAG).

Vote: 5 - 0 Passed

PUBLIC HEARINGS

Resolution No. 8540 Weed Abatement Proceedings

Mayor Tejeda declared the meeting open as a public hearing and called on Fire Marshal Vince Anderson, who reported on the Council action taken December 19, 2023 declaring weeds to be a public nuisance, and he detailed a report of Resolution No. 8540, overruling objections and proceeding with abatement of subject properties. Upon no further comments, Mayor Tejeda closed the Public Hearing. Council Member Saucedo thanked Fire Marshal Anderson for his diligent efforts to keep the city safe.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted, by roll call vote, Resolution No. 8540, overruling objections and proceeding with the abatement of subject properties.

Vote: 5 - 0 Passed

NEW BUSINESS

CC_RFA_January 16, 2024

Page 6 ends

Redlands Regular Meeting of 02-06-24
14 of 857
Termination Agreement Citibank & Reimbursement Agreement Property One, LLC

Assistant City Manager Boatman presented the Termination Agreement with Citibank, N.A. and the Reimbursement Agreement with Property One, LLC. The City partnered with Citibank to locate an alternative, mutually beneficial location. The suite is the largest in the building and is planned to house the future City Council Chambers, the Permit Center, and the City Clerk's office. Staff worked closely with Property One, LLC and Citibank to explore options for relocation. Citibank determined that there was a benefit to relocating to 333 Orange Street after FedEx relocates into the adjacent, new building. To facilitate the relocation, the City will contribute $1,100,000 toward tenant improvements to the new Citibank facility. This amount is only a portion of the total tenant improvement costs. However, the support in offsetting costs is necessary to facilitate the relocation of Citibank. With the Reimbursement and Termination agreements, Property One LLC will initiate renovations to 333 Orange Street once FedEx relocates to its new building. The move is anticipated to occur in the second half of 2025, at which time the City will complete renovations to the current Citibank tenant suite at the new City Hall. The City will work closely with Citibank and Property One, LLC to ensure a smooth transition and will make every effort to move up the time frame, if possible.

As public comment, Stephen Rogers said he was unaware the City purchased 300 E State Street, and he wondered why an engineer was not overseeing this project. Joshua Hall stated he thought the City should be spending money on improving services rather than on a new city hall. Assistant City Manager Boatman clarified that the City Engineer and his staff have been working closely on this project and have attended all monthly meetings. The expense will be offset through a release of the Future Facilities reserve in the General Fund. The current available balance is $24,811,486.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Termination Agreement with Citibank, NA, and the Reimbursement Agreement with Property One, LLC; determined that the Reimbursement Agreement with Property One, LLC serves a public benefit because the funds will be used to relocate Citibank, NA from its current location at the future City Hall, located at 300 E State Street, to its new location at 333 Orange Street, thereby vacating space required by the City for development of the future City Hall facility; and approved the additional appropriation of $1,100,000.00.

Vote: 5 - 0 Passed

Landfill Gas Engineering Support, Stormwater Compliance & On-Call Services

Facilities and Community Services Department Director Crocker introduced an agreement with American International Environmental Inc. to provide consulting services for landfill gas engineering support, stormwater compliance services, on-call services and reporting for the California Street Landfill in an amount not-to-exceed $448,877 for a period of one year, with two additional one-year renewal options for a total compensation amount not-to-exceed $1,346,631. Sufficient funding for this service is included in the Solid Waste Division's budget for fiscal year 2023-2024 as approved by City Council.

CC_RFA_January 16, 2024

Page 7 ends

Redlands Regular Meeting of 02-06-24
15 of 857
On motion of Council Member Mario Saucedo, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the agreement with American International Environmental Inc. is exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and approved the agreement with American International Environmental Inc. to provide consulting services for landfill gas engineering support, stormwater compliance services, on-call services and reporting for the California Street Landfill in an amount not-to-exceed $448,877 for a period of one (1) year, with two (2) additional one-year renewal options for a total compensation amount not-to-exceed $1,346,631.

Vote: 5 - 0 Passed

Processing Commingled Recyclable Material

Facilities and Community Services Director Crocker reviewed the need for an agreement with Burrtec Waste Industries, Inc. to provide processing of commingled recyclable material in an amount not-to-exceed $624,346 for a period of one year, with two additional one-year renewal options for a total agreement amount not-to-exceed $2,057,659. As public comment, Stephen Rogers wondered whether recyclables were processed in the past, and he urged the City to add this under the engineering function and not under the purview of FCS. Assistant City Manager Boatman explained that that City has maintained a contract for recycling services and has maintained engineering contracts to be in full compliance with the regulations governing the Landfill.

On motion of Council Member Mario Saucedo, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the agreement with Burrtec Waste Industries, Inc. to provide processing of commingled recyclable material in an amount not-to-exceed $624,346 for a period of one year, with two additional one-year renewal options for a total agreement amount not-to-exceed $2,057,659.

Vote: 5 - 0 Passed

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Mayor Pro Tem Barich and Council Member Saucedo proudly represented the city for the Grand Opening/Ribbon Cutting event at the Public Safety Training Center of Crafton Hills College.

Council Member Saucedo announced that the Community Day of Service was scheduled for March 9, 2024.

ADJOURNMENT

There being no further action required the meeting adjourned at 8:07 P.M. The next regular meeting of the City of Redlands City Council will be held on February 6, 2024.

REDLANDS FINANCING AUTHORITY
CC_RFA_January 16, 2024

Page 8 ends

Redlands Regular Meeting of 02-06-24
16 of 857
REDLANDS FINANCING AUTHORITY

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

PUBLIC COMMENT
None forthcoming

Minutes

On motion of Board Member Davis, seconded by Vice Chair Barich, the minutes of the regular meeting of September 19, 2023 were unanimously approved by roll call vote.

Vote: 5 - 0 Passed

ADJOURNMENT
There being no further business, the Redlands Financing Authority adjourned at 8:08 P.M. The next regular meeting of the Agency will be held on May 21, 2024.

CC_RFA_January 16, 2024

Page 9 ends

Redlands Regular Meeting of 02-06-24
17 of 857

MINUTES

Special meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on January 16, 2024 at 4:30 P.M.

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

PUBLIC COMMENT

None forthcoming

CLOSED SESSION

Conference with legal counsel: Initiation of Litigation - Government Code §54956.9(d)(4):

Two (2) Cases.

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Three Cases:

Scates v. City of Redlands, San Bernardino Superior Court, Case No. CIVSB 2127794

Rogers, et al. v. City of Redlands, San Bernardino Superior Court, Case No. CIVSB2126031

California Department of Housing and Community Development v. Shangri-la Industries, LLC, et al., Los Angeles Superior Court, Case No. 24STCV00629 c.

Conference with real property negotiators - Government Code §54956.8 Special Closed CC_January 16, 2024

Page 1 ends

Redlands Regular Meeting of 02-06-24
18 of 857
Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)

Property: APNs 0292-063-38-0000

Agency
Negotiators:

Charles M. Duggan, City Manager; Chris Boatman, Assistant City Manager Negotiating Party: Andrew Meyers Abdul-Wahab; 1675 Industrial Park, LP Under Negotiation: Terms of payment and price for possible purchase of property by City.

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 5:07 P.M.

CLOSED SESSION REPORT

There was no reportable action taken during the closed session.

ADJOURNMENT
The special meeting adjourned at 5:07 P.M.

Special Closed CC_January 16, 2024

Page 2 ends

Redlands Regular Meeting of 02-06-24
19 of 857
City Council Meeting I. 2.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a proclamation declaring the month of February to be Black History Month in the City of Redlands (Council Member Davis)
MOTION:

I move to authorize the issuance of a Proclamation declaring the month of February to be Black History Month in the City of Redlands.

Attachments
Black History Proclamation 2024
Redlands Regular Meeting of 02-06-24
20 of 857
Redlands Regular Meeting of 02-06-24
21 of 857
City Council Meeting I. 3.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement, and approve the incremental increase in member dues to $50,139 (City Manager Duggan)
MOTION(S):

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

I move to approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority Agreement and approve the incremental increase in member dues to $50,139.

RECOMMENDATION:

Staff recommends City Council approve Amendment No.4 to the San Bernardino Associated Governments Joint Powers Authority Agreement and approve the incremental increase in member dues to $50,139.

DISCUSSION:

The San Bernardino Council of Governments (SBCOG) speaks with a collective voice on important issues that affect its member agencies. Representatives from cities and towns, including the City of Redlands, and the San Bernardino County Board of Supervisors have a seat on SBCOG Board of Directors. Recognizing that many issues and concerns are not constrained by political boundaries, the goal of the SBCOG is to ensure a collaborative approach is taken on regional issues.

In January 2024, staff was informed that the San Bernardino Council of Government, acting as the San Bernardino Associated Governments, accepted the SBCOG Ad Hoc Committee recommendation to increase work capacity, Redlands Regular Meeting of 02-06-24
22 of 857
the SBCOG Ad Hoc Committee recommendation to increase work capacity, including adding staff and increasing the budget of the SBCOG, and approved Amendment No. 4 to the Agreement for the Joint Exercise of Powers relative to the San Bernardino Associated Governments to amend language by which member agency dues are assessed.

SBCOG identified these changes as necessary to be able to continue their current projects and programs, such as the Emergency Communication System, the Inland Regional Energy Network and the SMART County Master Plan, as well as fund the creation of new programs. Additionally, the increase in dues received will enable SBCOG to allocate additional resources toward identifying and pursuing more grant funding for the region and its member cities.

In total, the baseline budget for the SBCOG will increase from $470,941 to $1.5 million, a shortfall of $1,029,059, and will be based upon increasing the cost to each SBCOG member agency by the 50% Population/50% General Fund Tax formula accepted and approved by the SBCOG Board in January 2024. This formula is calculated as follows: at 72,585 residents, Redlands represents

3.318% of the total member agencies’ population of 2,187,655; Redlands’ tax revenues of $66,223,275 equals 2.838% of the total member agencies revenues ($2,333,448,755). The total of both percentages (6.156%) is then divided in half to correspond to the 50%/50% formula to arrive at the 3.078%. This rate of

3.078% is calculated against the total shortfall of $1,029,059 to provide the new assessment of $31,673. When combined with previous assessments, the City's annual budget commitment to the SBCOG budget going forward is now $50,139.

ALTERNATIVES:

City Council may elect not to approve Amendment No. 4 to the San Bernardino Associated Governments Joint Powers Authority.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Redlands Regular Meeting of 02-06-24
23 of 857
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Ross Wittman, Project Manager
Fiscal Impact
Fiscal Year: 23/24
Appropriation Required Y/N: N
Amount: $50,139
Budgeted Y/N: N
Account No.: 101100-6909
Discussion:

The increased amount was not budgeted for FY 2023/24. However, the proposed increase will not take effect until FY 24/25, as such the amount cannot yet be appropriated. Staff will include the amount in the 24/25 FY budget allocations.

Attachments
SBOG General Assessment Dues & Potential Increase
JPA Amendment 4
Redlands Regular Meeting of 02-06-24
24 of 857
New
Assessed Value Base Sales Tax + Total Current Tax Population Assessment Total Current Population Population Fiscal Year Property Tax Original 2016 2022 Assessments Tax Revenues & Revenues 50% Population/ Assessments + Jurisdiction 2022 Allocation % 2022/2023 Revenues (1) Assessment (2) Assessment (3) Assessment (4) (2)+(3)+(4) Revenues (5) Allocation % Allocation % 50% Revenue New Assessment (6) Adelanto 36,357 1.662% $3,011,709,510 8,290,201 $1,856 $5,337 $8,000 $15,193 8,290,201 0.355% 1.009% $10,379 $25,572 Apple Valley 75,628 3.457% $7,557,490,866 25,206,081 $4,166 $5,337 $8,000 $17,503 25,206,081 1.080% 2.269% $23,345 $40,848 Barstow 25,202 1.152% $1,724,738,920 19,590,846 $1,200 $5,337 $8,000 $14,537 19,590,846 0.840% 0.996% $10,247 $24,784 Big Bear Lake 5,041 0.230% $4,416,276,035 18,299,262 $1,204 $5,337 $8,000 $14,541 18,299,262 0.784% 0.507% $5,221 $19,762 Chino 91,998 4.205% $17,295,592,739 75,528,060 $6,985 $5,337 $8,000 $20,322 75,528,060 3.237% 3.721% $38,292 $58,614 Chino Hills 77,964 3.564% $14,639,278,992 32,696,782 $5,915 $5,337 $8,000 $19,252 32,696,782 1.401% 2.483% $25,546 $44,798 Colton 53,617 2.451% $5,016,940,896 31,398,593 $2,873 $5,337 $8,000 $16,210 31,398,593 1.346% 1.898% $19,534 $35,744 Fontana 212,809 9.728% $27,019,267,552 108,183,439 $13,084 $5,337 $8,000 $26,421 108,183,439 4.636% 7.182% $73,906 $100,327 Grand Terrace 13,042 0.596% $1,347,509,349 5,765,052 $729 $5,337 $8,000 $14,066 5,765,052 0.247% 0. 422% $4,339 $18,405 Hesperia 100,324 4.586% $8,075,905,550 23,814,083 $5,065 $5,337 $8,000 $18, 402 23,814,083 1.021% 2.803% $28,847 $47,249
Highland 56,546 2.585% $4,500,367,999 21,881,584 $2,843 $5,337 $8,000 $16,180 21,881,584 0.938% 1.761% $18,124 $34,304 Loma Linda 25,349 1.159% $2,827,789,573 12,255,309 $1,466 $5,337 $8,000 $14,803 12,255,309 0.525% 0.842% $8,664 $23,467 Montclair 37,846 1.730% $4,280,071,001 31,424,075 $2,203 $5,337 $8,000 $15,540 31,424,075 1.347% 1.538% $15,830 $31,370 Needles 4,876 0.223% $495,248,695 8,921,710 $270 $5,337 $8,000 $13,607 8,921,710 0.382% 0.303% $3,114 $16,721 Ontario 179,516 8.206% $36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 243,176,826 10.421% 9.314% $95,842 $123,395 Rancho Cucamonga 174,476 7.975% $32,965,855,079 87,561,737 $13,287 $5,337 $8,000 $26,624 87,561,737 3.752% 5.864% $60,344 $86,968 Redlands 72,585 3.318% $12,032,086,055 66,216,730 $5,129 $5,337 $8,000 $18,466 66,216,730 2.838% 3.078% $31,673 $50,139 Rialto 103,954 4.752% $13,115,586,958 111,985,260 $6,372 $5,337 $8, 000 $19,709 111,985,260 4.799% 4.775% $49,142 $68,851 San Bernardino 220,840 10.095% $19,097,789,522 129,701,848 $11,462 $5,337 $8,000 $24,799 129,701,848 5.558% 7.827% $80,540 $105,339 Twentynine Palms 27,685 1.
266% $1,137,526,790 10,674,796 $1,139 $5,337 $8,000 $14,476 10,674,796 0.457% 0.861% $8,865 $23,341 Upland 79,139 3.618% $11,532,952,948 41,173,743 $5,217 $5,337 $8,000 $18,554 41,173,743 1.765% 2.691% $27,692 $46,246 Victorville 136,561 6.242% $11,444,656,207 65,149,801 $7,001 $5,337 $8,000 $20,338 65,149,801 2.792% 4.517% $46,484 $66,822 Yucaipa 54,494 2.491% $5,524,015,696 19,954,046 $3,020 $5,337 $8,000 $16,357 19,954,046 0.855% 1.673% $17,217 $33,574 Yucca Valley 21,813 0.997% $2,270,934,302 11,976,891 $1,223 $5,337 $8,000 $14,560 11,976,891 0.513% 0.755% $7,771 $22,331 County 300,003 13.713% $42,962,663,648 1,122,622,000 $19,598 $5,330 $8,000 $32,928 1,122,622,000 48.110% 30.912% $318,100 $351,028 2,187,665 100.000% $290,515,911,972 2,333,448,755 $137,523 $133,418 $200,000 $470,941 2,333,448,755 100% 100.000% $1,029,059 $1,500,000 NOTES:
(1) Base sales tax (7.75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducted for Barstow, Montclair, Redlands, San Bernardino, Vic (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY2015/2016, the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year thereafter of the lower of CPI factor or 2%. (5) $991,873 total sum of current assessments plus the net amount of $520,932 distributed based on 50% Population/50% Revenue. (5) $1.5M total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% Population/50% Revenue.

SBCOG General Assessment Dues & Potential Increase
Redlands Regular Meeting of 02-06-24
25 of 857
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024

JPA-Amndmnt4 1 of 3

This Amendment No. 4 to the Agreement for the Joint Exercise of Powers (“Agreement”) Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Lo ma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.

RECITALS

1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;

2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and

3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and

4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and

5. WHEREAS, the Agreement’s funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.

NOW, THEREFORE, the parties hereto agree as follows:

1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments (“SBCOG”). All instances of “San Bernardino Associated Governments” in the Agreement are replaced with “San Bernardino Council of Governments.” All instances of “SANBAG” are replaced with “SBCOG.” All instances of “the Association” or “the association” in reference to the joint powers entity are replaced with “the COG.”

2. The article titled “ASSESSMENTS” is removed and replaced in its entirety with the following:

ASSESSMENTS

10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying how member agency dues shall be assessed , and will also allow for optional, subscription Redlands Regular Meeting of 02-06-24
26 of 857
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024

JPA-Amndmnt4 2 of 3

assessments that member agencies may opt in to on a voluntary basis , based on a Board- adopted budget or budget amendment and a subscription work program.

Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. Asses sments shall be payable on or before August 1 for the fiscal year starting July 1.

In addition to the assessments referenced in the preceding paragraph s, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.

When such advances are made, they shall be repaid from the first available funds.

The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.

All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget.”

3. This Amendment No. 4 shall become binding upon each party hereto upon that party’s execution.

Signed and attested by the following:

Jurisdiction Date

City of Adelanto

City of Apple Valley

City of Barstow

City of Big Bear Lake

City of Chino

City of Chino Hills

City of Colton

City of Fontana

City of Grand Terrace

City of Hesperia
Redlands Regular Meeting of 02-06-24
27 of 857
Amended Agreement for the Joint Exercise of PowersRelative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4 01/03/2024

JPA-Amndmnt4 3 of 3

City of Highland

City of Loma Linda

City of Montclair

City of Needles

City of Ontario

City of Rancho Cucamonga

City of Redlands

City of Rialto

City of San Bernardino

City of Twentynine Palms

City of Upland

City of Victorville

City of Yucaipa

Town of Yucca Valley

County of San Bernardino

Board Adopted: January 3, 2024

Redlands Regular Meeting of 02-06-24
28 of 857
City Council Meeting I. 4.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8524 approving the destruction of certain public records in the City Manager's Office (Assistant City Manager McConnell)
MOTION:

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

I move to adopt Resolution No. 8524.

RECOMMENDATION:

Resolution No. 6576, a resolution of the City Council of the City of Redlands Adopting Regulations Governing the Retention and Disposition of Records, was adopted by the City Council on February 20, 2007. The resolution establishes a records retention and destruction policy to meet the City’s requirements under the law and to provide staff with a thorough and useful tool to manage, retain and dispose of public records. In accordance with Resolution No. 6576, Exhibit A Section 6.02 approval by City Council and City Attorney is required when public records are destroyed without making a duplicate record. An application by the City Manager's Office requesting the destruction of public records was submitted to the City Attorney for review and has been approved by her for presentation to the City Council. A description of the records is included as Exhibit “A” to Resolution No. 8524.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

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

Redlands Regular Meeting of 02-06-24
29 of 857
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
PREPARED BY:

Jennifer Macias, Management Analyst
Attachments
Reso. No. 6576 Records Retention
Reso. No. 8524 Destruction of Certain Records
Exhibit A
Redlands Regular Meeting of 02-06-24
30 of 857
RESOLUTION NO. 6576

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ADOPTING REGULATIONS GOVERNING THE RETENTION AND

DISPOSITION OF RECORDS
WHEREAS, the City of Redlands (the "City") is required by law to maintain public records, as defmed by law, for certain periods of time; and
WHEREAS, the City may dispose of certain public records after the records have been maintained for the required period of time; and
WHEREAS, the City desires to update its records retention policy to ensure that the City satisfies its requirements under law and provides staff with a thorough and useful tool to manage, retain and dispose of public records;

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

SECTION 1. That the Regulations Governing the Retention and Disposition of Records, and the associated Retention Schedule, as attached in Exhibit "A,"are hereby adopted.

ADOPTED, SIGNED AND APPROVED this 20th day of February, 2007.

AfÉyor of the ity oÊRedlands
ATTEST:

City lerk, City lands
I, Lorrie Poyzer, City Clerk ofthe City ofRedlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 20th day ofFebruary 2007, by the following vote:

AYES: Councilmembers Gilbreath, Gil, Gallagher, Aguilar; Mayor Harrison NOES: None
ABSTAIN: None
ABSENT: None
Cit{Clerk
I:\cclerk\Resolutions\6576.wpd
Redlands Regular Meeting of 02-06-24
31 of 857

EXHIBIT A

REGULATIONS GOVERNING THE RETENTION AND DISPOSITION OF

RECORDS FOR THE CITY OF REDLANDS
The following shall constitute the Regulations Governing the retention and disposition of records for City of Redlands (the "City").

Section 1. Purpose of Rules and Regulations.

1.01. Guidelines. Public records, and other records governed by these regulations, shall be retained for a specified period of time as required by law. These regulations set forth the period oftime during which a public record shall be retained by the City. The City may retain such records indefinitely or the City may, after the expiration of such mandatory retention periods, destroy or otherwise dispose of the records in accordance with these regulations and applicable law. These regulations provide guidelines that should be followed if the City elects to destroy a public record after the record has been retained for the period oftime mandated by law. Questions regarding the application of these regulations should be directed to the City Attorney.

1.02 Retention of Documents for Longer Periods ofTime. A City department head may elect to maintain certain records for a period of time that is longer than that called for in the Retention Schedule (attached hereto) if the record is of value for historical, reference, legal, or administrative reasons.

Section 2. Governing Law.

2.01 Rules. The retention and disposition of public records of the City shall be made pursuant to these regulations ("Regulations") and applicable law.

Section 3. Definitions.

3.01 Department. A department of the City of Redlands.

3.02 Duplicate Record. The original record, paper, or document as photographed, micro-photographed, reproduced by electronically recorded video images recorded in an electronic data-processing system, recorded on optical disk, reproduced on film or any other medium that does not permit additions, deletions or changes to the original document, or reproduced on film or optical disk.

3.03 Public Records. Any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any Department of the City regardless of physical form or characteristics, as defined by the Public Records Act, and any amendments to that Act. A writing means any handwriting, typewriting, printing, photostating, photographing, I:\cclerk\Resolutions\6576.wpd 2
Redlands Regular Meeting of 02-06-24
32 of 857
photocopying, transmitting by electronic mail or facsimile, and every other means ofrecording upon any tangible thing, any form ofcommunication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. Computer software developed by the City is not itself a public record. Computer software includes computer mapping systems, computer programs, and computer graphics systems. "Public records" do not include materials not kept in the ordinary course of business, such as transitory documents, voicemail, e-mail, unofficial copies of documents kept only for convenience or reference, working papers, stocks of publications and blank forms, and library or museum material intended solely for reference or exhibition. Also, documents such as rough notes, calculations or drafts assembled or created and used in the preparation or analysis of other documents. NOTE: A draft that contains substantive comments from a project applicant, an applicant's attorney, consultant or agent, should be treated as a record of comments received from that source, and the draft or portions showing the substantive comments should ordinarilybe retained accordingly.

3.04 Record Appraisal. The act ofdetermining the relative activity in the use ofrecords, value of records with regard to administrative, legal, fiscal, or historical interest, adequate, and essential periods of retention, and whether destruction of the record is appropriate.

3.05 Record Retention Schedule. A timetable or roster of records by classification category that lists the minimum periods of time that must elapse, as required by these Regulations and state law, before records may be destroyed. The Records Retention Schedule shall be considered a part of these Regulations and is incorporated herein.

Section 4. Responsibility for Retention and Disposition.

4.01 Heads of City Departments. The head of each City Department shall be responsible for the identification, classification, record appraisal, maintenance, protection, preservation, retention, and disposition ofpublic records and other records in accordance with these Regulations and applicable law. The head of each City Department shall:

A. Categorize the Department's records using the attached Records Retention Schedule.

B. Maintain the Department's records in accordance with the Records Retention Schedule, these Regulations, and applicable law.

C. Preserve and protect records and information collected and retained in the regular course of the City's business.

D. Prepare and submit the appropriate forms for the destruction of records to the City Council and City Attorney, as required by these Regulations prior to the destruction of the record.

E. Conform to and implement the duplicate record requirements, standards, procedures, and limitations as set forth in these Regulations.

I:\cclerk\Resolutions\6576.wpd 3
Redlands Regular Meeting of 02-06-24
33 of 857
Section 5. Classification of Records.

5.01 Categorization ofRecords. The head ofeach Department, or an authorized designee, shall identify and designate records maintained by his or her department according to one or more of the classifications identified in the Records Retention Schedule. Once so classified, each record shall be retained for the retention time period specified in the Records Retention Schedule. If a record does not fit clearly into a specific category, the head of the Department shall request the advice of the City Attorney.

Section 6. General Approval Procedure for the Destruction of Public Records and Other Records Governed by These Regulations.

6.01 General Rule Prohibiting Destruction of Records. Except as otherwise provided in these Rules or state law, no officer or employee of the City shall destroy, cause to be destroyed, or permit to be destroyed, any public record as that term is defmed in these Rules and the California Public Records Act, except in accordance with these Regulations, the Records Retention Schedule, and state law.

6.02 Approval by City Council and City Attorney is Required When Public Records Are Destroyed Without Making a Duplicate Record.

A. Standard. In accordance with Government Code section 34090, unless otherwise provided by law, with the approval ofthe City Council by resolution and the written consent of the City Attorney, the head of a City Department may destroy any City record, document, instrument, book, orpaper without making a copy thereof, after the same is no longer required. This section does not authorize the destruction of:
(1) Records affecting the title to real property or liens thereon; (2) Court records;
(3) Records required to be kept by statute;
(4) Records less than two (2) years old; or
(5) The minutes, ordinances, or resolutions ofthe City Council or ofa City board or commission.

B. Procedure.
(1) Request for Document Destruction. In the event a City Department head, or an authorized designee, determines a public record has been retained for the requisite time period pursuant to the Records Retention Schedule and is no longer required, the head of the City Department, or authorized designee, shall prepare a request form as provided in subsection "C" below, to obtain approval for destruction.
(2) Submission to City Attorney. The request form and certification constitute the application for destruction ofpublic records and shall be submitted to the I:\cclerk\Resolutions\6576.wpd 4
Redlands Regular Meeting of 02-06-24
34 of 857
City Attorney for approval, conditional approval, or denial. Written approval ofthe City Attorney is a mandatory condition precedent to the destruction of public records.
(3) Submission to City Council. The City Attorney shall forward his or her decision to the head of the Department that submitted the application. Ifthe City Attorney approves or conditionally approves destruction, the head ofthe City Department shall submit the application to the City Council. The City Council may approve, conditionally approve, or disapprove, either in whole or in part, the destruction of those records for which the City Attorney has provided his or her written consent. The City Council shall approve or conditionally approve the destruction of public records by adopting a resolution that so states. The resolution of the City Council is a mandatory condition precedent to the destruction of public records. (4) Destruction ofDocuments. Upon receipt ofthe written approval ofthe City Attorney and resolution of the City Council approving or conditionally approving the destruction ofpublic records, the head ofthe Department may arrange for such destruction in accordance with the standards set forth in these Regulations. Ifany conditions are attached to the approval by the City Attorney or the resolution ofthe City Council, those conditions must be fully satisfied prior to the destruction of any public record.

C. Request Forms. Requests for the authority to destroy public records shall be submitted on forms supplied by the City Clerk, which shall require the following information:
(1) The title or description of the Department requesting record destruction. (2) The title or subject matter description of the records. (3) The location of such records.
(4) The number or quantity of such records.
(5) Whether the records are originals or duplicates.
(6) Dates of each record or inclusive dates of each record series listed for destruction.
(7) Date, job title, and signature ofthe Department head, or authorized designee, requesting the destruction of records.

D. Certification. The head of the City Department, or authorized designee, shall make the following certifications and attach the certification to the request form for the destruction ofthe records:
(1) The record is under the management or control of the Department head; (2) To the best of his or her knowledge, the descriptive titles, information, and classifications contained in the request form are true and accurate; (3) The minimum retention time periods required by these Regulations have been satisfied for all records included in the request form; (4) Retention ofthe record is no longer required for operation ofthe Department, I:\cclerk\Resolutions\6576.wpd 5
Redlands Regular Meeting of 02-06-24
35 of 857
or to satisfy a City Council policy adopted by resolution, or a City Council request, or by the City for administrative, historical, research, fiscal, legal, or cultural purposes;
(5) The destruction or other disposition of the record will not violate state law, these Regulations, or other applicable law; and
(6) A recommendation by the head of the applicable City Department that the record(s) be destroyed.

E. Destruction of Records After Reproduction. In accordance with Government Code section 34090.5, the City Department head having custody of any public records may, without the approval of the City Council or the approval of the City Attorney, cause the public record to be destroyed, if all of the following conditions are met:
(1) The public record is photographed, micro-photographed, reproduced by electronically-recorded video images, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Government Code section 12168.7 for recording of permanent or nonpermanent records;
(2) The device used to reproduce the public record is one that accurately and legibly reproduces the original in all details and does not permit additions, deletions, or changes to the original document image;
(3) The reproductions are made as accessible to the public as were the original records; and
(4) A true copy of archival quality of the reproduction shall be kept in the same manner as the original public record.

No page of a public record, or any part thereof, shall be destroyed under this section if any page cannot be reproduced with full legibility. Every page that cannot be satisfactorily reproduced shall be permanently preserved in the same manner as a similar public record.

7.03 Declaration of Duplication.

A. The head of each Department shall cause a declaration to be prepared for the duplication of an original public record contemplated to be destroyed that states with respect to the duplicated record that:
(1) The original public record has been duplicated prior to destruction; (2) The reproduction is a true and correct copy of the original document; and (3) The reproduction was made under the direction or control ofa City employee.

I:\cclerk\Resolutions\6576.wpd
Redlands Regular Meeting of 02-06-24
36 of 857
B. The declaration shall be contained within the image or array of images of the reproduction and shall be signed by the City employee responsible for supervision ofthe duplicationor by the corporate officer or manager of an entity performing the reproduction service.

7.04 Term of Maintenance of Original Records. If a reproduction of the original publicrecord is made and preserved, and if the necessary declaration is completed as set forth above, the original public record may be destroyed without reference to the retention periods set forth in these Regulations and the Records Retention Schedule.

7.05 Duplicate Record Deemed an Original. Compliance with these duplication procedures ensures that every reproduction is deemed an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original.

Section 8. Retention of Email.

8.01 Generally. Email is temporary in nature and is not a permanent repository for City documents. The City's limited computer storage capacity prohibits the extended storage of email.

All emails that need to be preserved shall be done so pursuant to the City's Policy for Use of Electronic Communications. To preserve documents for pending litigation, the City Attorney mayorder that email or other electronic records be retained for a longer period then provided by this section or the City's Policy for Use of Electronic Communications.

8.02 Deletion of Email. Except as stated in section 8.02, email shall be deleted pursuantto the City's Policy for Use of Electronic Communications.

8.03 Email Messages to be Retained. Email messages shall be retained pursuant to the City's Policy for Use of Electronic Communications.

Section 9. Force and Effect.

9.01 If any provision of these Regulations is held to be invalid by a court of competent jurisdiction, that provision shall be deemed stricken from these regulations and all other provisions shall remain in full force and effect.

I:\cclerk\Resolutions\6576.wpd 7
Redlands Regular Meeting of 02-06-24
37 of 857
City of Redlands' Records Retention Schedule
The Records Retention Schedule specifies the retention period for City ofRedlands records to ensure that legal, regulatory, fiscal, historical, and administrative record retention requirements are met, that records that are essential to the City are protected, and that proper procedures are followed in the retention and/or destruction of City records.

The attached schedule lists the type of record and includes the legally required retention period, a staffrecommended retention period, and the appropriate legal citation, if applicable. The records listed in this Schedule have a legal, fiscal, administrative or historical value to the City. In most cases, public records not addressed in the attached schedule should be considered routine in nature and retained for two (2) years unless specific laws, decisions, or opinions would apply to the record. If a particular record is not addressed in the attached schedule and the department believes other legal requirements apply or it is an essential record for legal, historical, fiscal or administrative value, then that record can be added to the retention schedule with the assistance of the City Attorney's Office.

I:\cclerk\Resolutions\6576.wpd 8
Redlands Regular Meeting of 02-06-24
38 of 857
LEGEND
Records Retention:

A = Active
Ad = Adoption
AU = Audit
C = Current
CL = Closed
Co = Completion
E = Election
L = Life (of the equipment, structure, or item)
O = Obsolete
P = Permanent
S = Supersede
T = Termination

CITATIONS
B&P = California Business & Professions Code
CCP = Code of Civil Procedure
CCR = California Code of Regulations
CEQA = California Environmental Quality Act
CFR = Code of Federal Regulations
EC = Elections Code
EV = Evidence Code
GC = Government Code
H&S = Health & Safety Code
HUD = Housing & Urban Development
Local Government Guidelines = California Secretary of State's February 2006 Local Government Records Management Guidelines
LC = Labor Code
OMB = Federal Office of Management and Budget
OSHA = Occupational Safety & Health Agency
PC = Penal Code
POST = Police Officers Standards Training
UFC = Uniform Fire Code
USC = United States Code
WIC = Welfare & Institutions Code
I:\cclerk\Resolutions\6576.wpd 9
Redlands Regular Meeting of 02-06-24
39 of 857

RECORDS RETENTION SCHEDULE

CITY OF REDLANDS
City Department/ Legal Staff Authority DescriptionRecord Series Title Retention Recommended In Years Retention In
Years
ADMINISTRATIVE SERVICES DIcPARTMENT
Building Maintenance
Bids: Are public records under GC § 4004.

Successful: 2 2 GC § 34090 Includes repairs and maintenance of Unsuccessful: 2 2 GC § 34090 City facilities
Capital improvements, L P GC § 34090, Contains records re: planning,construction H&S § 19850 design, construction, conversion or modification of local government-
owned facilities, structures and
systems. These are public records
under GC § 4004, 4005.

Facility rentals/use 2 5 GC § 34090 Permits, contracts, diagrams, insurance binders
Maintenance & 2 3 GC § 34090, Service requests, invoices, Operations CCP § 338 supporting documentation; buildings, equipment, field engineering, public
facilities work orders
Schedules, class and 2 C+5 GC § 34090 Enrollment, liability releases, event evaluations, attendance, fliers in
personnel files
Equipment
Maintenance
Accident reports 2 3 GC § 34090, Memos and working documents.

CCP § 338
Fueling 4 4 GC § 34090, Fuel consumption reports, invoices, CCP § 337 receipts and records pertaining to
refueling operations.

Hazardous waste C+10 C+10 Local Government Documentation re the handling and disposal Guidelines; 40 CFR disposal of hazardous waste. § 122.21
Inventory, equipment, 2 L+2 GC § 34090 Includes vehicles and related parts and supplies documents re repairs.

Inventory, vehicle L L+2 GC § 34090, Owner's manual, warranty ownership and title VC § 9900 et seg. documents, DMV title and registration and related documents.

I:\cclerk\Resolutions\6576.wpd 10
Redlands Regular Meeting of 02-06-24
40 of 857
Licenses, permits 2 2 GC § 34090 Forms, related documentation re licenses and permits required by
federal and state agencies.

Maintenance/ 2 L+2 GC § 34090 Related to requests for service and operations work orders for fuel, vehicle and
equipment maintenance and repairs.

Vehicle assignment 2 2 GC § 34090 Log books, request forms, lists.

Personnel
Action Line Reports Later of 2 7 years after GC § 12946; 29 May include complaints, grievances, years or 2 personnel CFR § 1602.14; 29 sexual harassment and civil rights years after action CFR § 1627.3(b)(3) violations. *Final disposition is date personnel of expiration of statutory period
action within which action may be brought
or the date on which litigation is
terminated
Action Line Reports Later of 2 10 years after GC § 34090 log years or 2 personnel
years after action
personnel
action
Administrative Later of 2 After greater of GC § 12956; 29 Miscellaneous misconduct; often line investigation records years or 2 7 years after CFR § 1602.14; 29 department or City Manager will years after case closure or CFR § 1627.3(b)(3) forward these records to HR for personnel 3 years after storage
action subject
separates from
City
employment
Discrimination/ Later of 2 After greater of 29 CFR § 1602.14; Harassment years or 2 7 years after 29 CFR § 1602.31;
complaints and years after case closure or 29 CFR §1627.3 investigative reports personnel 3 years after (b)(3); GC § 12946 action subject
separates from
City
employment
Discrimination/ Later of 2 10 years after GC §§ 34090,
Harassment years or 2 complaint date 12946
complaints log years after
personnel
action
I:\cclerk\Resolutions\6576 wpd i l
Redlands Regular Meeting of 02-06-24
41 of 857
EEOC/DFEH 3 After greater of 29 CFR § 1602.14;
complaints and City 7 years after 29 CFR § 1602.32
responses case closure or
3 years after
subject
separates from
City
employment
EEOC/DFEH 3 10 years after 29 CFR § 1602.14;
complaint log complaint date 29 CFR § 1602.32
Eligibility lists Later of 2 7 years from GC § 34090
years or 2 certification
years after date
personnel
action
Employee benefits 1 year after T+5 29 CFR Destroy 5 years after expiration of contracts for services termination §1627.3(b)(2) contract. for current and former of plan
vendors (medical
plans, etc.)
Hearing transcripts 2 years or 5 years after 29 CFR § 1602.14; and related records re until final final disposition 29 CFR § 1627.3 PERS appeal disposition (b)(2)
Informal complaints Later of 2 7 years after GC § 12946 (per Personnel Rules) years or 2 date of
years after complaint
personnel
action
Informal complaint Later of 2 10 GC § 12946; 29 "Grievance log" log years or 2 CFR § 1602.14; 29
years after CFR § 1627.3(b)(3)
personnel
action
Meet and confer 3 20 29 USC §§ 211(c), Notes, correspondence, contracts, agreements, notes and 203(m), 2009(g) MOAs.
minutes
Personnel files for 2 years 10 years after 29 CFR § 1627 separated regular full after date date of 3(a); GC § 12946; time and part time of separation 29 CFR § 1602.31
employees separation
Personnel files for 2 years 2 years after
separated temporary after date date of
employees of separation
separation
I:\cclerk\Resolutions\6576.wpd 12
Redlands Regular Meeting of 02-06-24
42 of 857
Recruitment records Later of 2 5 years after GC § 12946; 29 Employment applications, resumes, years or 2 exam final CFR § 1602 et seq.; examination materials and test years after filing date 29 CFR § 1607; 29 answer sheets, correspondence, personnel CFR § 1627.3; 40 eligibility lists, ethnicity disclosures,action job bulletins, electronic database

CITY ATTORNEY
Chronological files 2 2 GC § 34090
Claims 2 CL+2 GC § 34090
Contract 4 4 GC § 34090
Damage reports 2 CL+2 GC § 34090
Department budget 2 2 GC § 34090
Department personnel 2 4 GC § 34090,
records CCP § 337, § 338
Insurance documents 2 4 GC § 34090,
CCP § 337
Litigation files 2 CL+2 GC § 34090
Real property 2 2 GC § 34090 Unless affecting title, then P. documents

CITY CLERK
Elections
Affidavit, originals C+5 C+5 EC § 17000(a)
Affidavit index C+5 C+5 EC § 17001
(County Elections
Dept. maintains)
Applications, absentee E+22 if E+ 22 EC §§ 17505; From date of election. Includes those ballots and envelopes federal 17302 spoiled, canceled and surrendered. (ROV maintains) election on
ballot, else
E+6
months
Assisted challenged E+22 if E+22 months EC §§ 17303(b), From date of election. voters list (ROV. federal 17304
maintains) election on
ballot, else
E+6
months
Ballots (ROV. E+22 if E+22 months EC §§ 17302, From date of election. maintains) federal 17303(b), 17304
election on
ballot, else
E+6
months
I:\cclerk\Resolutions\6576.wpd }3
Redlands Regular Meeting of 02-06-24
43 of 857
Ballots - Prop 218 2 P GC § 34090; Property related fees (assessment (Assessment Districts) California ballot proceedings)
Constitution, Art.

XIII
Calendar, Election 2 2 GC § 34090
Campaign statements P P GC § 81009 (b)(g) FPPC filings
Elected
Campaign statements: E+5 E+5 GC § 81009 (b)(g) FPPC filings. If for state office, Not elected, local indefinitely
office
Campaign statements: E+7 E+7 GC § 81009 (c)(g) FPPC filings PACs
Candidate statements E+4 E+4 EC § 17100 Sample ballot retained permanently.

Canvass P P EC § 15300 Records used to compile final
(ROV maintains) election results, including tally
sheets, voting machine tabulation,
detailed breakdown of results;
special election results.

History 2 P GC § 34090 History of elections, sample ballots, certificates of destruction, other
resolutions re elections.

Maps, precincts/ voter E+6 E+6 GC § 34090;
information (ROV. EC § 17503
maintains)
New Resident Voters E+22 E+22 months EC § 17506
List months
Nomination papers: EC § 17100
Successful: T+4 T+4 EC § 17100
Unsuccessful: T+4 T+4
Oaths of office 2 T+6 GC § 34090, 29 Elected officials
USC § 1113
Petitions E+8 E+8 months EC §§ 17200, From date of certification of results months 17400 of election, initiative, referendum,
recall.

Precinct records E+6 E+6 months EC § 17503(b) From date of election: Precinct (ROV maintains) months official material; declaration of intention, precinct board member
applications, orders appointing
members of precinct boards and
designating polling places. Includes
notice of appointment of office and
record of service.

I:\cclerk\Resolutions\6576.wpd i4
Redlands Regular Meeting of 02-06-24
44 of 857
Roster (of voters) E+5 E+5 EC § 17300 From date of election, initiative, (ROV maintains) referendum, recall, general municipal
election.

Statement of E+4 E+4 GC § 81009 (d) (f) FPPC filings. For state office, economic interest, indefinite. (copies, originals filled copies, elected, local. with FPPC).

Statement of 7 7 GC § 81009 (e) FPPC filings (originals). economic interest,
originals, not elected;
and City employees
General Subject
Annexation files 2 P GC § 34090 (a) Reports, agreements, public notices.

Bids, RFPs, RFQs, 2 3 GC § 34090 (d), Successful bids are filed in contract unsuccessful/ rejected CCP § 338 or public file.

Budget, official 2 P GC § 34090 City annual operating budget.

Budget information 2 2 GC § 34090 (d) Documents used to prepare department department budget.

Claims log 2 4 GC § 34090 (d), Log of claims against City, claims CCP § 337 forwarded to City Attorney.

Correspondence 2 2 GC § 34090 (d) If not attached to agreement or project file.

Deeds, easements P P GC § 34090 (a)
Goals/Objectives 2 2 GC § 34090 Departmental goals and objectives.

Oaths of office 2 T+6 GC § 34090
employee
Policies and C+2 S+5 GC § 34090 (d) Retain while current. procedures
Proclamations 2 2 GC § 34090
Reports: Special/final summary; review or
Departmental: 2 2 GC § 34090 evaluation. Non agenda related, Staff: 2 2 GC § 34090 includes supporting documentation.

Speaker slips 2 2 GC § 34090
Special projects 2 2 GC § 34090
Travel records 2 2 GC § 34090
Legal
Affidavit of 2 2 GC § 34090
publication, public
hearing notices
I celerk Resolunom6576 upd 15
Redlands Regular Meeting of 02-06-24
45 of 857
Affidavit of 2 2 GC § 34090
publication,
ordinances
Agenda 2 2 GC § 34090 (d) City Council agenda
Agenda reports 2 2 GC § 34090 (d) Documentation received, created (master, subject files) and/or submitted to Council; retain agenda reports regarding
development projects, planning,
zoning matters, ordinances and other
significant projects permanently in
project file.

Agreements excluding C+2 T+5 GC § 34090, Includes leases, equipment,subdivision CCP §§ 337.2, 343 Agreements, 2 P GC § 34090 (a) Records potentially affecting title to development real property.

Agreements, 2 P GC § 34090 (a) Records potentially affecting title to subdivision real property.

Appeals, civil 3 3 CCP § 583.320 Appeals, civil.

Applications, boards,
commissions,
committees: 2 T+2 GC § 34090
Appointed: 2 2 GC § 34090
Not Appointed:

Articles of 2 P GC § 34090;
incorporation CCP § 337.2
Assessment districts 2 P GC § 34090 Original documentation Claims log 2 4 GC § 34090,
CCP § 337
Contracts, capital 2 P GC § 37090 (a);
improvement 4004; H&S § 19850
Contracts, real . P P GC § 34090, Can affect title to real propertyproperty CCP § 337 Contracts, street 4 P CCP § 337
improvement
Insurance policies T+2 P CCP § 337
Legal Advertising 2 P CCP §§ 343, 349 et Includes public notices, legal seq.; GC § 911.2; publications.

GC § 40801
Minutes P P GC § 34090 (d); GC Official minutes and hearing § 368.14; GC proceedings of governing body or
§ 40801, GC board. commission or committee.
§ 54957.2
I:\celerk\Resolutions\6576.wpd I Ó
Redlands Regular Meeting of 02-06-24
46 of 857
Notices, meetings 2 2 GC §§ 34090.7, Special meetings.
54960.1(c)(1)
Notices, public 2 2 GC § 34090
hearing
Ordinances P P GC § 40806 Municipal Code.

Petitions 2 2 GC § 50115 Submitted to legislative bodies.

Real property P P GC § 34090 Can affect title to property.contracts Resolutions P P GC §§ 34090 (d), Legislative actions.
40801
Tapes, CDs, When used for minute preparation;
recordings: otherwise-2 years.Audio: 30 days 30 days GC §§ 54953.5 Video: 90 days 90 days (b), 34090.7
Inventory, records 2 2 GC § 34090 Inventory of non-current or inactive records holdings and location,
indices. Tapes may be recycled.

Municipal Code P P GC § 34090 Supplements included.

Public records request 2 2 GC § 34090
Records management 2 2 GC § 34090 Document includes retrieval, transfers - inactive.

I celerk Resolunons 05 o upd 17
Redlands Regular Meeting of 02-06-24
47 of 857

CITY COUNCIL / COVIMISSIONS
Agenda 2 P GC § 34090(d) City Commission agenda
Agenda reports 2 2 GC § 34090 Documentation received, created (master subject files) and/or submitted to City Council or City Commission, retain agenda
reports regarding development
projects, planning, zoning matters,
ordinances and other significant
projects permanently in project file.

Agreements C+2 T+4 CCP §§ 337.2, 343 Includes leases, equipment, services,, or supplies
Applications, boards,
commissions,
committees: 2 2 GC § 34090
Appointed: 2 2
Not appointed:

Contracts, capital C+2 P GC § 37090(a); Construction
improvements 4004; H&S § 19850
Correspondence 2 2 GC § 34090
General subject files 2 5 GC § 34090 (d) Internal working files including correspondence. Some files may
require retention longer than
prescribed here.

Legal advertising 2 2 CCP § 343, 349 et Includes public notices, legal seq; GC § 911.2; publications
GC § 34090
Minutes P P GC § 34090 (d); GC Official minutes and hearing § 36814; GC proceedings of governing body,
§ 40801 board or commission.

Notices, meeting 2 2 GC § 34090.7; GC Special meetings
§ 54960. 1c(1)
Petitions 2 2 GC § 34090 (d); GC Submitted to legislative bodies § 50115; GC § 6253
Policies and 2 2 GC § 34090 Includes rules, regulations, standards procedures
.Resolutions P P GC § 34090 (d); Legislative actions
§40801
Tapes, CDs, GC § 54953.5 (b); When used for minute preparation; recordings GC § 34090.7 otherwise-2 years
Audio: 30 days 30 days
Video: 30 days 90 days
Request for proposals 2 2 GC § 34090
(RFPs)
I:\celerk\Resolutions\6576.wpd 18
Redlands Regular Meeting of 02-06-24
48 of 857
Brochures, 2 2 GC § 34090
publications,
newsletter, bulletins

CITY MANAGER
Reports to Council 2 2 GC § 34090(d), GC
§ 50115
Speeches 2 2 GC § 34090(d)
Subject Files / 2 2 GC § 34090(d)
Projects & Issues
General administrative 2 S+3 GC §§ 34090, All City policies and procedures. 40801, CCP § 338
Policy, City Council 2 S+3 GC § 34090, CCP Policies, directives rendered by City § 338 Council not assigned a resolution or
ordinance number.

COMMUNITY DEVELOPMENT DEPARTMENT
Administration
Agendas 2 P GC § 34090 (d) City Planning Commission agendas.

Agenda reports 2 P GC § 34090 (d) Documentation received, created, and/or submitted to City
Commissions.

Bids and proposals: 2 2 GC § 34090 (d)
Unsuccessful
Code books P P GC § 34090 (e) National Electrical Code, Uniform Building Code, Fire Code,
Mechanical Code, Plumbing Code
and supplements.

Committees 2 P GC § 34090 Member lists, minutes/agendas, informational material, reports.

General subject files 2 2 GC § 34090 (d) Internal working files including correspondence. Some files may
require retention longer than
prescribed here.

Grants, community/ CL+4 P 24 CFR Project files, contracts, proposals,urban development § 570.490(d), statements, reports, sub-recipient(includes CDBG) 24 CFR dockets, environmental review, grant § 570.502(b)(3); documents, applications, inventory,
24 CFR § 85.42 & consolidated plan, etc. Includes
OMB Cir. I 10, Section 108 loan guarantee. *OMB
Attachment C;* A-102 & 128; HUD Regulations.

Legal advertising 2 P CCP §§ 343, 349 et Legal publications (public notices seq.; are part ofproject files).

I:\cclerk\Resolutions\6576.wpd I 9
Redlands Regular Meeting of 02-06-24
49 of 857
Historic preservation 2 P GC § 34090 (d) Historic structures and landmarks. inventory
Logs 2 P GC § 34090 Logs, registers or similar records
listing permits, certificates of
occupancy issued (may include
inspection, building activity, daily
plan check, utility).

Maps and plats 2 P GC § 34090 (a) Engineering and field notes and profiles; cross-section of roads,
streets, rights-of-way, bridges (may
include annexations, parks, tracts,
block, storm drains, water easements,
bench marks, trees, grading landfill,
fire hydrants, base maps, etc.).

Master plans, annual 2 P GC § 34090 Special or long-range program plan for municipalities - coordination of
services; strategic planning.

Minutes p P GC §§ 34090 (2), Official minutes and hearing 36814, 40801 proceedings of board, commission or
committee.

Policies and S+2 P GC § 34090 Includes rules, regulations, standards. procedures
Project files P P GC § 34090 (a); Pertains to real property, new H&S §§ 19850; construction, storefront
4003, 4004 improvements, rehabilitation
projects, and promotions. May
include blueprints, drawings, maps,
photos (including negatives), plans,
reports, evaluations, correspondence,
uses, permits, variances, studies,
appeals, compliance certificates, lot
line adjustments, or other planning-
related matters brought before the
legislative body.

Project files not 2 P GC § 34090 (d) Building, engineering, planning. completed or denied
.Resolutions P P GC § 34090 Board, commission or committee.

Speaker slips 2 2 GC § 34090
Seismic retrofit 2 .P GC § 34090 (a)
program
Street names and 2 P GC § 34090 (a) Street dedications, closings, address house numbers assignment/changes.

Studies, special 2 P GC § 34090 (d) Engineering, joint powers, noise. projects and areas
I:\cclerk\Resolutions\6576.wpd 20
Redlands Regular Meeting of 02-06-24
50 of 857
Subdivision P P GC § 34090 Potentially affecting title to real agreements property,
Tapes, CDs, GC §§ 54953.5 (b); When used for minute preparation; recordings: 34090.7 otherwise-2 years.

Audio: 30 days 30 days
Video: 30 days 90 days
California 2 P GC § 34090 (a) and Exemptions, environmental impact Environmental Quality CEQA Guidelines report, mitigation monitoring, Act (CEQA) negative declaration, notices of
completion and determination,
comments, statements of overriding
considerations.

Environmental review 2 P GC § 34090 (d) Correspondence, consultants, issues, conservation.

Soils reports 2 P GC § 34090 (d) Final reports.

I celerk l<esoluüons os76mp<l 21
Redlands Regular Meeting of 02-06-24
51 of 857
Building and Safety
Blueprints, L L H&S § 19850 Submitted by contractor for permits specifications, for requiring plans.
building in which
permit issued
Blueprints, 2 2 GC § 34090 (d) Submitted by contractors with specifications, permit application for permit never issued. not issued
Certificates 2 P GC § 34090 (a) Compliance, elevation, occupancy that affect real property.

Flood reports 2 P GC § 34090
Inspection 2 P GC § 34090 (d) Correspondence, fees, appeal requests, reports.

Permits 2 P GC § 34090; H&S New commercial and residential § 19850 construction, tenant improvements,
room additions, spa, signs, block
wall, remodel (including security
bonds, plans, building, signs).

Signs (temporary) 2 2 GC § 34090 (d) Home occupations, off-premise signs.

Planning
Case files, Planning & P P GC § 34090 (a); Pertains to real property. May Zoning H&S §§ 19850, include blueprints, drawings, maps, 4003, 4004 plans, reports, evaluations,
correspondence, uses, permits,
variances, studies, appeals,
compliance certificates, lot line
adjustments, or other planning-
related matters brought before
Zoning Administrator, commission
or legislative body.

Correspondence 2 2 GC § 34090 (d) Working documentation.

Development L, but not P GC § 34090 Mitigation measures; filed with case conditions less than 2 files.

Development P .P CCP §§ 337, Infrastructure contracts, franchises, agreements 337.l(a), 337.15; original maintained for seven years.

GC § 34090; 48
CFR § 4.703
Development 2 P GC § 34090 (a) Landscape mediums, parkwayStandards landscape development, public works construction.

Drawings, project plan 2 P GC § 34090 (d) Does not include those usually filed th case or project.

I:\cclerk\Resolutions\6576.wpd 22
Redlands Regular Meeting of 02-06-24
52 of 857
Findings and decisions P P GC § 34090 Board, commission, committee or City staff.

General Plan and P P GC § 34090 Includes sphere of influence. elements and specific
plans
General and Specific GC §§ 34090,
Plan Amendments: 65103, 50110
Approved: .P .P
Denied: P P
Maps, Plans, .P .P GC § 34090; H&S Zoning, tentative subdivision, parcel,drawings, exhibits, § 19850; GC land use map, aerial photos, specificphotos § 34090.7 plans.

Minutes P P GC § 34090 Planning and ARB.

FINANCE DEPARTMENT / TREAGURER'S OFFIC
Accounting and
Administration
Audit Report P P GC § 34090
Audited Financial 2 P GC § 34090 Independent auditor analysisStatements Bonds Account CL+10 CL+10 GC § 34090; CCP Final bond documentation, monthlyStatements § 337.5 statement of transactions Bonds, coupons and CL+2 P GC §§ 34090; Paid/canceled
other securities 53921
Budget AU+2 P GC § 34090 Annual operating budget approved by Legislative Body (original budget
retained by City Clerk)
Hearing or review 2 7 GC § 34090 Documentation created and/or received in connection with audit
hearing or review
Reports 2 7 GC § 34090 Internal and/or external
Reviews, internal/ 2 7 GC § 34090 Daily, weekly, monthly, quarterly, orexternal periodic other summary, review, evaluation, log, list, statistics, except a report
Accounts payable AU+4 AU+4 GC § 34090 Invoices from and payments to vendors, check copies, supporting
documents
Agenda reports 2 2 GC § 34090 Council discretionary fund, City Manager discretionary fund,
Investment policy, monthly
investment reports, formal quotations
for supplies and services
I:\cclerk\Resolutions\6576.wpd 23
Redlands Regular Meeting of 02-06-24
53 of 857
Accounts receivable AU+4 AU+4 GC § 34090 Cash receipts for payments made to the City
Assessment districts P P GC § 34090 Collection information; original documentation filed with City Clerk
Bank statements AU+5 AU+5 GC § 34090; 26 Statements, reconciliations CFR 16001-1
.Budget adjustments, 2 2 GC § 34090(d) Documents used to prepare journal entries department budget
Checks AU+5 AU+5 GC § 34090; Includes payroll, canceled and CCP § 337 . voided checks
Deposits, receipts AU+4 AU+4 GC § 34090; Checks, coins, currency CCP § 337
Invoices AU+2 AU+2 GC § 34090 Copies sent for fees owed, billing, related documents
Ledger, general P P GC § 34090;
CCP § 337
Voucher AU+4 AU+4 GC § 34090; Account postings with supporting CCP § 337 documents
Petty cash AU+2 AU+2 GC § 34090
reimbursements
Taxes, receivable AU+2 AU+2 CCP § 338
Warrant register AU+2 AU+2 GC § 34090
Licenses
Business C+2 7 GC § 34090; Paid and reports
CCP § 337
Parking Citations
Citations P P GC § 34090
I:\cclerkkResolutions\6576.wpd 24
Redlands Regular Meeting of 02-06-24
54 of 857
Payroll
Adjustments AU+4 AU+4 GC § 34090; 29 Audit purposes
CFR § 516.5-516.6
Deferred T+5 T+5 GC § 34090; 26 Records of employee contributions compensation CFR § 16001-1* and City payments *29 CFR § 1627.3(2)
Employee time sheets AU+6 AU+6 GC § 34090; 29 Signed by employee for audit and CFR § 516.2* FEMA reports
*CFR § 516.6(1); IRS Reg. 31.6001-
1(e)(z); R&T 19530; LC 1174(d)
Federal and State tax AU+4 AU+4 GC § 34090 Forms 1096, 1099, W-4s and W-2s forms *26 CFR § 31.6001-1(2)(2); R&T §
19530; 29 CFR § 516.5-516.6
Payroll system history; 3 P 29 CFR §1627.3(a); Time cards, payroll records roster of former City 29 CFR § 516.6
employees (regular
employees)
Payroll system history; 3 P 29 CFR § 516.5; 29
roster of former City CFR § 1627.3(a)
employees (temporary
employees)
PERS Employee T+4 T+4 GC § 34090; Record of deductions (PERS-Public deduction reports CAC § 22; 1085-2 Employee Retirement System) *26 CFR § 516.5, 516.6; LC § 1174(d)
Register P P GC § 34090; Labor costs by employee and
GC § 37207 program
Salary records T+3 T+3 GC § 34090; 29 Deduction authorization, beneficiary CFR § 516.2, 516.5 designations, unemployment claims,
garnishments
Purchasing
Purchase orders 2 7 GC § 34090; Original documents
CCP § 337
Vendor register 2 7 GC § 34090 Alpha vendor listing of purchase orders, invoices, account numbers,
and check date
I:\cclerk\Resolutions\6576.wpd 25
Redlands Regular Meeting of 02-06-24
55 of 857
Reports
Audits P P GC § 34090
Investment P P GC § 34090; CCP Summary of transactions, inventory transactions § 337; GC § 53607 and earnings report
Labor Distribution AU+2 AU+2 GC § 34090 Costs by employee and program State Controller P P GC § 34090 Controller may destroy after five years
Stores
Inventory AU+6 AU+6 GC § 34090; Reflects purchase date, cost, account number
Auction AU+2 AU+2 GC § 34090 Listing of property
Disposal AU+2 AU+2 GC § 34090; Sealed bid sales of equipment CCP § 337
Risk Management
Accident report - City CL+7 CL+7 29 CFR § 1904 .2; Reports and related records assets 29 CFR § 1904.6
Bonds, insurance P P CCP §§ 337.2; 343 Bond and insurance policies insuring City property and other assets
Claims, damage CL+5 CL+5 GC § 34090 Paid/denied
Incident reports CL+7 CL+7 29 CFR § 1904 .2; Theft, arson, vandalism, property 29 CFR § 1904.6 damage or similar occurrence
(excluding fire/law enforcement)
Insurance, joint P P GC § 34090 Accreditation/MOUs/agreements, powers agreement agendas
Insurance, certificates P P GC § 34090 Insurance certificates filed separately from contracts, includes insurance
filed by licensees.

Insurance, liability/ P P GC § 34090 May include liability, property, property Certificates of Participation,
deferred, use of facilities
Insurance, Workers P P LC § 5405, Local Indemnity; Claims Files, Reports, Compensation Government Incidents, P.ERS - working files, Guidelines originals with Administrator
Photographs, CL+2 CL+2 GC § 34090
negatives, film
Risk Management 2 C+5 OMB § 1220-0029; Federal OSHA forms; loss analysis Reports 29 CFR § 1904.4; report; safety reports; actuarial GC 4 34090 studies
Grants
I:\cclerk\Resolutions\6576.wpd 26
Redlands Regular Meeting of 02-06-24
56 of 857
Community CL+4 CL+4 24 CFR Project files, contracts, proposals, Development Block § 570.502(b)(3); statements, reports,Grant and urban 24 CFR 85.42 & sub-recipient dockets, Environmental development OMB Cir. A- review, grant
110, Attach. documents, applications, inventory,
C*; OMB Cir. consolidated plan,
A-102 & 128, HUD etc. Includes Section 108 loan
regulations guarantee *
Federal and State CL+5 CL+5 GC § 34090 Refer to grant application close-out procedure.

Financial records CL+5 CL+5 GC § 34090 Refer to grant application close-out procedure.

Unsuccessful CL+2 CL+2 GC § 34090 Application not entitled.

FIRE DEPARTMENT

ADMINISTRATIVE SERVICES
Books, Fire Code S+3 S+3 GC § 34090; Include OPS manuals CCP 340.5
General Orders, S+2 P GC § 34090
Policies/Procedures
Inspections, Fire CL+3 CL+3 UFC § 103.34 Alarm/sprinkler systems, preventionPrevention efforts Investigations, P P PC § 799 Support prosecution resulting in Evidence Arson homicide
Investigations, CL+6 CL+6 PC § 800 Great bodily harm, inhabited Evidence Arson structure or property
Journals, Fire Station C+2 C+2 GC § 34090 Activities, personnel, engine company
Permits, Uniform Fire CL+2 CL+2 GC § 34090
Code
Chemical Emissions C+2 C+2 GC § 34090
I:\celerk\Resolutions\6576.wpd 27
Redlands Regular Meeting of 02-06-24
57 of 857

EMERGENCY MANAGEMENT
OPERATIONS/EMERCENCY MEDI ~'AL SERVICES
Mutual Aid, Strategic S+2 S+2 GC § 34090
Plans
Exposure T+30 T+30 29 CFR Sampling results, collection
§ 1910.1020 methodology, background
Exposure T+1 T+1 29 CFR Laboratory reports and worksheets § 1910.1020
Medical T+30 T+30 29 CFR
§ 1910.1020
Medical T+2 T+2 29 CFR Employees less than one year
§ 1910.1020 GC § 34090
Training T+2 T+2 GC § 34090 Certifications/designations

HAZARDOUS

MATERIALS
Hazardous Waste C+10 C+10 Local Government Documentation re handling and Disposal Guidelines; disposal of hazardous waste
40 CFR § 122.21
Permits, Hazardous C+2 C+2 GC § 34090 Departments consistently recommend Materials Storage permanent retention of
environmentally sensitive materials
Programs, Household S+2 S+2 GC § 34090
Hazardous Waste
Training Materials S+2 S+2 GC § 34090;
8 CCR § 3204(d),
et seq.

Underground Storage P P GC § 34090(a) Documents re: storage Tank Location, installation, removal,
Compliance GC § 34090 remediation
Maintenance & C+2 C+2
Operation.

PROPERTY
Apparatus/Vehicle C+2 C+2 GC § 34090 Repair and Maintenance CCP § 340.5* *8 CCR 3203(b)(1)
Inventory, Equipment C+2 C+2 GC § 34090
and Supplies
Logs, Fire C+2 C+2 GC § 34090
Equipment/Gear

REPORTS
1:\cclerkiResolutions\6576.wpd 28
Redlands Regular Meeting of 02-06-24
58 of 857
Incident CL+3 CL+3 GC34090 Dispatch and daily logs
CCP § 338 * *CCP 340.5
Field, Non-fire and C+2 C+2 GC § 34090
Logs
Fire, Non-arson and C+2 C+2 GC § 34090
Logs
Investigations, CL+3 CL+3 PC § 801; Structure
Evidence Arson UFC § 104.32
Weed Abatement CL+2 CL+2 GC § 34090 Reports, assessments, resolutions, documentation

LIBRARY
Borrower Registration 2 5 GC § 34090
Records
Records documenting
the registration of
authorized borrowers.

Cash Receipts 2 7 GC § 34090;
(for Daily deposit of
monies from Library)
Circulation Records 2 5 GC § 34090
Records documenting
the circulation of
library materials to
individual borrowers
Circulation Statistical 2 5 GC § 34090
Reports
Library Catalog 2 5 GC § 34090
Lost and Paid 2 7 GC § 34090
Receipts
Copies of receipts
issued when patron
pays for a lost book
Overdue Records 2 5 GC § 34090
Library Fines
Information
Purchase Orders 2 5 GC § 34090
Records of Missing 2 5 GC § 34090
Books in Circulation
Vouchers - 2 7 GC § 34090
Vendor Invoices,
Reference Information
and Proof of payment
I:\celerk\Resolutions\6576.wpd 29
Redlands Regular Meeting of 02-06-24
59 of 857

MUNICIPAL UTILITIF S DEPARTMENT

AIRPORT
Accident and CL+8 CL+8 Local Accidents, injuries, propertyIncident .Reports Government damages, general conditions re pilot(Aircraft) Guidelines and aircraft Agreements T+4 T+4 CCP § 337 Including concessionaire, slip rental, facility storage
Airport Certification P P 14 CFR Federal Aviation Administration § 139.207b; (FAA) required manuals
§§ 17.1.13-
171.213
Airport P P Local Annual and special reports to federal Operational Reports Government and state regulatory agencies. (Regulatory) Guidelines
Airport C+2 C+2 Local Logs, statistical summaries;
Operational Reports Government administrative records
(Administrative) Guidelines
Airport Noise C+10 C+10 Local Correspondence, studies, memos, Monitoring and Government reports, log books, documents related Complaint Guidelines to assessment of noise levels at
airports and resolution of complaints
Applications T+2 T+2 GC § 34090 Payment invoices, inventory listings,Aircraft Storage billing correspondence and other Parking related documents
Slip Rentals
Special Events C+2 C+2 GC § 34090 Permits, correspondence, related documents re use of rights of way
Fueling 4 4 GC § 34090,
CCP § 337
Hazardous Waste C+10 C+10 Local Documentation re: the handling and Disposal Government disposal of hazardous waste
Guidelines;
40 CFR 122.21
Inspection, Runway C+10 C+10 Local Maintenance including Inspection Government reports, work orders and related
Guidelines records
Inspection, Safety Self C+2 C+2 14 CFR Safety inspection and related § 139.327 document include reviews and
analysis of all aspects of airport
operation
Inventory, Equipment L+2 L+2 GC § 34090 Includes vehicles, aircraft, vessels and Parts & Supplies related documents re repairs
I: celerk\Resolutions\6576.wpd 30
Redlands Regular Meeting of 02-06-24
60 of 857
Inventory, Vehicle L+2 L+2 GC § 34090 Owners manual, warranty documents, Ownership and Title Department of Motor Vehicle title
and registration, and related
documents
Licenses, Permits C+2 C+2 GC § 34090 Forms, related documentation re:
licenses and permits required by
federal and state agencies
Maintenance, FAA P P 14 CFR Forms and reports required by FAA § 17L 13- including Forms FAA-198, -418, -
171.213 6030-1, -6790-4
Maintenance/ L+2 L+2
. GC § 34090 Related to requests for service and
Operations work orders for fuel, vehicle and
equipment maintenance and repairs
NOTAM (Notice to C+3 C+3 Local Reports re: conditions affectingAirmen) Government airport maintenance/operations Guidelines
Report, Accident C+2 C+2 GC § 34090 Memos and working documents (Copies)
Vehicle Assignment C+2 C+2 GC § 34090 Log books, request forms, lists Cemetery
Burial records P P GC § 34090
Pre-Need Lot purchase CL+2 CL+2 GC § 34090
Customer Service
Accounts Receivable 2 5 GC § 34090
Customer Records C+2 C+2 GC § 34090 Billing, correspondence, complaints Rates C+2 C+2 GC § 34090
Refunds 2 5 GC § 34090
Solid Waste
Collections / Landfill C +2 C +2 GC § 34090 Daily records, usage Facilities C +2 C +2 GC § 34090 Correspondence, maps
History, Sanitation P P .

GC § 34090
Maintenance and C +2 C+2 GC § 34090
Operations
Maps P P GC § 34090 Location maps
Reports, studies CL+2 CL+2 GC § 34090
Reports, tonnage C+2 C+2 GC § 34090
I:\cclerk\Resolutions\6576.wpd 31
Redlands Regular Meeting of 02-06-24
61 of 857
Wastewater
Facilities C+2 C+2 GC § 34090 Correspondence, maps, patron list History, Sanitation P P GC § 34090 Where City-owned
Maintenance and C +2 C+2 GC § 34090
Operations
Maintenance and C+2 C+2 GC § 34090 Includes work orders, inspection, Operations repairs, cleaning, reports, complaints
Maps P P GC § 34090 Location maps
Maps, Septic Tank P P GC § 34090 Location maps
Rates C+2 C+2 GC § 34090
Recycling Programs S+2 S+2 GC § 34090
Regulations S+2 S+2 GC § 34090 Includes legislation
Reports, Studies CL+2 CL+2 GC § 34090
Sludge C +2 C+2 40 CFR § 61.54 Sludge, sampling, charging rate to measure mercury content
Treatment Plant C+2 C+2 40 CFR § 60.153 Gas flow through wet scrubbing, oxygen content of exhaust gas, sludge
rate, temperatures, fuel flow, total
solids and volatile solids
Water
Billing/Customer C+2 C+2 GC § 34090 Billings, correspondence, complaintsRecords Connection Records P P GC § 34090 Maps, water line connections Inventory, Equipment C+2 C+2 GC § 34090
Locations P P GC § 34090 Mains, valves, hydrants, wells Maintenance and C+2 C+2 GC § 34090 Includes work orders, inspection, operations repairs, cleaning, reports, complaints
Service C+2 C+2 GC § 34090 Includes work orders, entry cards, manholes, service to property owners
Well & Pumping C+2 C+2 GC § 34090 Times operational, power used and quantity
Maps P P GC § 34090 Line location; easements
Master Plans C+2 C+2 GC § 34090 Copies
Meter Operations C+2 C+2 GC § 34090 Reader reports, orders, tests Maintenance Reports
Permits
I:\cclerk\Resolutions\6576.wpd 32
Redlands Regular Meeting of 02-06-24
62 of 857
National P P GC § 34090 40 Compliance with Clean Water Act re:

Pollutant CFR § 122.28 pollutants
Discharge
Elimination
System
NPDES
Others C+2 C+2 GC § 34090 May depend on terms of state or federal agency
Policies and Procedures S+2 S+2 GC § 34090 Includes rules and regulations Rates S+2 S+2 GC § 34090
Reclamation C+5 C+5 40 CFR § 122.41 Daily operations including sewage flow, grit removal, chlorine usage, lab
analysis results, etc.

Reports
Conservation C+2 C+2 GC § 34090
Consumption C+2 C+2 GC § 34090
Corrosion Control C+12 C+12 40 CFR § 141.91 Compliance documentation Discharge C+5 C+5 40 CFR § 122.41 Average amount ofpollution Monitoring discharged into waters of
municipality.

Drinking Water C+10 C+10 40 CFR § 141.33
Corrections
Hydrograph P P GC § 34090 Daily flow of streams
Lead Service Line C+12 C+12 40 CFR § 141.91 Compliance documentation Public Education C+12 C+12 40 CFR § 141.91 Compliance documentation Quality Parameters C+12 C+12 40 CFR § 141.91 Compliance documentation Sanitary Surveys C+10 C+10 40 CFR § 141.33 Statistics, reports, correspondence Source Water C+12 C+12 40 CFR § 141.91 Compliance documentation, e.g. lead & copper
State Certification C+12 C+12 40 CFR § 141.91 Compliance documentation Variances, Water C+5 C+5 40 CFR § 141,33
System
Well Level C+2 C+2 GC § 34090
Sources C+2 C+2 GC § 34090 May include wells, rivers, lakes, districts
Surveyor Field Notes P P GC § 34090 Notes preparatory to maps of water installations
I:\cclerk\Resolutions\6576.wpd 33
Redlands Regular Meeting of 02-06-24
63 of 857
Surveys, Water System C+10 C+10 40 CFR § 141.33 Statistics, reports, correspondence Sanitary
Tests
Bacteriological C+5 C+5 40 CFR § 141.33 Compliance records include location, Analysis date, method and results; corrections,
analysis ofbacterial content
Chemical Analysis C+10 C+10 40 CFR § 141.33 Compliance records include location, date, method used and results;
corrections, analysis of chemical
content
Quality C+12 C+12 40 CFR § 141.91 Compliance documentation including sampling data, analysis, reports,
surveys, documents, evaluation,
schedules, valves, etc.

Valve Main Records P P GC § 34090
Violations, Drinking C+3 C+3 40 CFR § 141.33 Retention applies to each violation Water
POLICE

ADMINISTRATION
Accounting/Cash C+2 C+2 GC § 34090
Reconciliation
Alarm Records C+2 C+2 GC § 34090
Chemical Emissions C+2 C+2 GC § 34090
Claim Files CL+5 CL+6 PC § 832.5; Claim copy, correspondence, Local photographs, supporting documents
Government relative to incidents involving the
Guidelines Police Department filed by citizens
Department Manual S S Local Changes to manual are recorded in Government the General Orders (permanent)
Guidelines
.Equipment T+2 T+2 GC § 34090 Retained until termination of Communication equipment use; Manuals, instructions,
procedures
Inventory S+2 S+2 GC § 34090 Listing of equipment assigned to division, to whom it is assigned
Reports - Activity C+2 C+2 GC § 34090 Weekly/monthly/quarterly/annual activity/statistical reports by division.

Retain only one form for retention
period
Survey Response Files C+2 C+2 GC § 34090 Surveys, responses, correspondence with other agencies requesting
statistical data
I:\cclerk\Resolutions\6576.wpd 34
Redlands Regular Meeting of 02-06-24
64 of 857

INVESTIGATIONS
Administrative/ CL+5 CL+5 PC § 832.5 Initiated by citizens complaints or Internal EV § 1045 internally initiated; includes
GC § 12946 complaint, reports, findings
PC § 801.5;
PC § 803(c)
VC § 2547
Asset Forfeiture CL+2 CL+2 GC § 34090
Investigations/
Proceedings
Case File
Notifications C+2 C+2 GC § 34090 To legal property owner prior to case filing that property is subject to asset
forfeiture proceedings. If case is
filed, notification becomes part of
forfeiture case file.

Case Books, CL+2 CL+2 GC § 34090 Retained by division until a case is Investigative suspended/closed; transfer to Records
Division to be filed with associated
Daily Report (DR) file
Case Files P P PC § 799
Homicide
Investigator's
File
Narcotics (No arrest, CL+2 CL+2 GC § 34090 Retained by division until no longerNarcotics Cases) useful for investigative purposes Officer Involved CL+25 CL+25 GC § 34090;
Shootings Local
Government
Guidelines
Court C+1 C+l GC § 34090.7 Printouts of daily court scheduling Daily
Schedule
Sign-In Logs C+2 C+2 GC § 34090 Logs officers' names, time in/out for court appearances
Tracking C+2 C+2 GC § 34090 Database records subpoena number, System Records officer name, case number, defendant
name, district attorney name, court
information disposition
Evidence, Disposition Local Attach to duplicate Property Report,Forms Government file w/DR in Records Division Guidelines
Fingerprint T+2 T+2 GC § 34090 Paperwork authorizing fingerprinting Applicants Files and background checks for city
employment applicants and business
license applicants
I:\cclerk\Resolutions\6576.wpd 35
Redlands Regular Meeting of 02-06-24
65 of 857
Inked/Palm AC+20 AC+20 GC § 34090; Persons booked into detention Cards Local facility; (Copies distributed to county,
Government state, federal agencies)
Guidelines
Records Appropriate PC 1) Retain for applicable case statute Latents Section of limitation; 2) or until evidence in
case is destroyed; Hard copy and
digitized
Suspect, CL CL Law Adults/juveniles suspected of a crime,Adult/Juvenile Enforcement taken for comparison. Destroy after .Management original purpose achieved
Guide by POST
Guns, Dealers Record of C+6 C+6 PC § 12070 Applicants, Monthly Gun Audits,Sale Applications Denied, Stolen (DOG File)
Informant Files T+10 T+10 Local Legal notifications, identification Government information, payment information,
Guidelines activities information
Jail C+6 C+6 GC § 34090 Daily report of staffing,
Daily Logs bookings/releases, transfers,
transportation
Inmate Record Local Dependent on facility's classification; Government see Laws and Guidelines for Local
Guidelines Detention Facilities by Board of
Corrections (State of California)
Inspection Files CL+6 CL+6 Local Inspections by various agencies Government
Guidelines
Surveys CL+2 CL+2 GC § 34090 Prepared quarterly, forwarded to State Board of Corrections
Licenses C+2 C+2 GC § 34090
Bicycle
.Bingo, Mace C+2 C+2 GC § 34090
Duplicate (Pink), C+2 C+2 GC § 34090
Secondhand Dealer,
Pawn Brokers
Logs S S Local
Auto Theft Government
Guidelines
Case Assignment C+l C+l Local
Government
Guidelines
Daily Activity C+2 C+2 GC § 34090
I:\cclerk\Resolutions\6576.wpd 3Ó
Redlands Regular Meeting of 02-06-24
66 of 857
Officer C+2 C+2 GC § 34090 Daily activity of incidents not reported by use of official report
Report Summary C+2 C+2 GC § 34090 Report numbers, type, names, dates retained for research value
Investigative (Pre- CL+10 CL+10 GC § 34090 Retained by division until cases are Arrest) suspended and closed
Juvenile Detention C+2 C+2 GC § 34090 Logs document juvenile processing per CYA
Property Control C+2 C+2 GC § 34090 Logs items coming into and going out of property room
.Rap Sheet CL+2 CL+2 GC § 34090 Requests for criminal history Subpoena C+2 C+2 GC § 34090 Subpoenas received/served daily Pawn Slips/Tickets C+3 C+3 B&P § 21628
Photographs Local Crime Scene, Registrant/Applicant,
Government Photo file, Accident. Retain according
Guidelines to practical and functional
association.

Daily Report T T GC § 34090 Assigned DR number, retained as (Negatives) form of evidence, destroyed at same
time evidence for associated case is
destroyed
Inmates C+20 C+20 Local By Prisoner number
(Negatives) Government
Guidelines
Registration Files, Life of Life of Fingerprint Card, photo, information Arson, Sex and registrant registrant within Local also forwarded to DOJ Narcotics within jurisdiction Government
jurisdiction Guidelines
Arrest/Conviction 2 (Mandatory 2 (Mandatory H&S § 11361.5 Applicable to convictions occurringH&S Section 11357 destruction destruction after January 1, 1996 or arrests not (b), (c), (d), (e) or from date of from date of followed by a conviction occurringH&S Section 11360 conviction or conviction or after January 1, 1996; Exception:
(b) violations date of arrest date of arrest .H&S 11357(e), the record shall be (Occurring after with no with no retained until a juvenile offender January 1, 1996) conviction) conviction) attains the age of 18 years, then destroyed pursuant to 11361.5
Arrest/Conviction Mandatory Mandatory H&S Applicable to convictions occurringH&S Section 11357 Destruction Destruction § 11361.5(c) prior to January 1, 1996 or arrests not (b), (c), (d), (e) or (Upon notice (Upon notice followed by a conviction occurringH&S Section I 1360 (b) from from prior to January 1, 1996 for violations violations (Occurring Department Department of of H&S Code 11357, 11364, 11365 before of Justice) Justice) and 11550
January 1, 1996)
I telerk Resolutions 6576 wpd 37
Redlands Regular Meeting of 02-06-24
67 of 857
Crime See See descriptor PC § 800 Prosecution for an offense punishable Felony Crimes descriptor PC § 801 by imprisonment in state prison for With or Without eight years or more must commence
Arrests within 6 years after offense
commission. Commencement of
prosecution defined in PC 804.

Exception: See PC 803 -
Tolling/Extension of time periods;
Appeals process and "Three Strikes"
also considerations in assigning
retention.

Misdemeanor/ CL+2 CL+2 GC § 34090 No arrests, identifiable property or Infractions missing persons (See: Note 1)
Supplemental P P PC § 799 No statutory limitation for
Felony Capital prosecution. Includes Murder,
Crimes, Crimes kidnapping for ransom, treason,
Punishable by procuring execution by perjury, train
Death, Life wrecking, assault with a
Imprisonment
Destruction P P Local
Guns Government
Guidelines
Narcotics P P Local
Government
Guidelines
Disposition of Arrest/ Local Retention determined by action taken;Court Action Government i.e., recordable arrest or detention Guidelines (released no arrest)
False Alarm (Duplicate) C+2 C+2 GC § 34090
Non-Criminal C+2 C+2 GC § 34090 Injured or sick persons; missingOccurrences persons where person has been returned; traffic collision reports not
used as the basis for criminal charges
Property Original Until case is Until case is Local Copy retained in records case file; adjudicated/d adjudicated/dis Government Refer to Managing Property in Law isposition position Guidelines Enforcement Agencies (By POST) determined determined
.Range Inventory S+2 S+2 GC § 34090 Quarterly reports of inventories of weapons and ammunition held by
Department .Range
I:\cclerk\Resolutions\6576.wpd 38
Redlands Regular Meeting of 02-06-24
68 of 857
Reports C+2 C+2 GC § 34090 Arrest & Citation Register: Arson Offenses; Crimes Against Senior
Citizens: Death in Custody; Domestic
Violence; FBI Include Return
A/Supp; Hate Crime Incidents;
Homicide Reports, Supp.; Officers
Killed or Assaulted; Original to FBI -
DOJ; Uniform Crime Reports
Research Project Files CL+2 CL+2 GC § 34090 May include request forms, background materials, staÆreports,
final project reports and supporting
data
Sealed Mandatory Mandatory PC § 851.8 General provision: Upon petition,Adult Found Destruction Destruction records of agency must be sealed and Factually Innocent Upon and Upon and destroyed in accordance with the Pursuant to Pursuant to provisions set by court record; Court Order Court Order exceptions.

Juvenile Mandatory Mandatory WIC § 826 (a) & Upon petition, local laws enforcement Destruction Destruction (b) WIC § 781 records, within WIC 826(b) may be upon and upon and (a) destroyed as ordered by the court, if pursuant to pursuant to related probation and juvenile court court order court order records have been destroyed by the probation officer. Records involving
arrests, detention and/or petitioning
juvenile before juvenile court
Statistical (Crime C+2 C+2 GC § 34090 Internally generated information Analysis) using activity logs, citizen calls,
current and past crime statistic
reports, finance dept expenditure and
budget records: citations, crime
reports, accident reports, permits,
receipts. Reports created for variety
of purposes including
increases/decreases in criminal
activity; officer workload,
deployment, time usage
I:\cclerk\Resolutions\6576.wpd 39
Redlands Regular Meeting of 02-06-24
69 of 857
Statistical (UCR), C+2 C+2 GC § 34090 Originals sent to FBI, DOJ Uniform Crime Reports
Mandatory to DOJ
(LEIC); FBI Include
Return A/Supplement;
Supplementary
Homicide Report; Law
Enforcement Officers
Killed or Assaulted;
Monthly Return of
Arson Offenses Know to
Law Enforcement;
Number of Violent
Crimes Committed
Against Senior Citizens;
Monthly Report of
Domestic violence
Related Calls for
Assistance; Monthly
Arrest and Citation
Register; Monthly Hate
Crimes Incidents' Death
In Custody Reporting.

Subpoenas (Duplicate) C+2 C+2 GC § 34090
Tapes C + 180 days C + 180 days GC § 34090.6 Exception: Recordings used as Audio, Telephone evidence in a criminal prosecution or
and Radio claim filed or litigation or potentialCommunications claims and litigation shall be preserved for 100 days after
conclusion of the court action
Surveillance/ C+13 mos. C+13 mos. GC § 34090.6
Security Video (Jail)
Use of Force C+2 C+2 GC § 34090 Includes review forms, arrest report Supervisory Review copies, logs
Files
Warrants Recall after Recall after 10 Local Recommended by the California Law Felony 10 years. years. Government Enforcement Warrant Officer's Exception: Exception: Guidelines Association
Murder/ Murder/
Escape Escape
.Misdemeanor Recall after 5 Recall after 5 Local Recommended by the California Law Criminal years years Government Enforcement Warrant Officer's Guidelines Association
Served C C Local Includes Warrant Service Information
Government Card, alpha index card
Guidelines
Unserved Until served, Until served, Local
(Local) recalled or recalled or Government
purged purged Guidelines
I:\cclerk\Resolutions\6576.wpd 40
Redlands Regular Meeting of 02-06-24
70 of 857
PATROL
California Vehicle Code C+90 days C+90 days GC § 34090 Original is forwarded to court Infractions (Duplicates)
Parking/Traffic, C+2 C+2 GC § 34090 Griginals are forwarded to court after Duplicates agency processing; includes citations
electronically created
Transmittals C+2 C+2 GC § 34090 Listing of citations forwarded to court, filed for reference
Cards C+2 C+2 GC § 34090
Dispatch
Field Interview CL+2 CL+2 GC § 34090
Citations CL+2 CL+2 H&S § 11361 5
11357(e),
Juvenile
1 1357b H&S, CL+2 L+2 H&S § 11361.5 CA Admin Code, Chapter 1, Title II, 11357c H&S, Sec 708
11360b H&S
Violations
Cite and Release CL+2 CL+2 GC § 34090
Equipment C+2 C+2 GC § 34090 Documents problems, malfunctions, Radio Logs resolution to provide equipment
(Communication) performance history
General Orders P P GC § 34090;
Local
Government
Guidelines
Patrol Requests C+2 C+2 GC § 34090; From citizens for patrol presence (Correspondence)
Radar Calibration T+2 T+2 GC § 34090 Documentation ofRadar instruments Records retained during use/ownership
Reports
. CL+2 CL+2 GC § 34090 Non-Jury
Accident
Traffic Collision . P P Local
Fatalities Government
Guidelines
Vehicle S S Local Record of assignments
Assignment Government
Reports Guidelines
Down Reports C+1 C+l Local Printouts reporting which vehicles are Govemment down for repair, maintenance, etc.

Guidelines
I: celerk Resolutions 6576mpd 41
Redlands Regular Meeting of 02-06-24
71 of 857
Repossession/ C+2 C+2 GC § 34090
Private Impounds
Service Schedules S S GC § 34090
Vests, Bulletproof C+2 C+2 GC § 34090 Authorization to purchase Letters
Warrants Recall after 1 Recall after 1 Local Recommended by the California Law Parking year year Government Enforcement Warrant Officer's Guidelines Association
Traffic Recall after 5 Recall after 5 Local Recommended by the California Law years years Government Enforcement Warrant Officer's
Guidelines Association
Weapons, Database P P Local Departmentally-owned weapons, Government personal weapons, alternate weapons,
Guidelines secondary handguns; produces
inventory reports

SERVICES
Chemicals/Film S S Local
Inventories Government
Guidelines
Equipment T T Local
Inventory/Sign-out Government
Cards - Photo Lab Guidelines
Operations Files - P P Local Retain until equipment no longer Photo Lab Government owned/used by department; Manuals, Guidelines instructions, procedures for
use/operations of photographic
equipment
Grievance Files S S GC § 34090 Grievance filed by employees, supporting documentation
Investigations, C+1 C+l GC § 34090 Non hired
Background
Background C+2 C+2 Local Include original reports re: PC 832.5 Hired Government investigations
Guidelines
Parades & Special S S GC § 34090 Reports, memos, correspondence, Events File scripts, supplier information,
assignments, deployments, supporting
documentation
Permits L+2 L+2 GC § 34090 Approval Process
Alcoholic Beverage
Control
License
Concealed Weapons CL+2 CL+2 GC § 34090
I: ederk Resolutions M-hpd 42
Redlands Regular Meeting of 02-06-24
72 of 857
Photographs S+2 S+2 GC § 34090
Personnel
Negative Log C+2 C+2 GC § 34090
Negatives, Misc. C+2 C+2 GC § 34090 Not case-related (Public relations, promotions, events, ceremonies, staff
photos)
Press Releases C+2 C+2 GC § 34090
Press, Video Programs C+2 C+2 GC § 34090 Collection of videos of programs and (Community Relations) events; outside press coverage of department
Property Files C+2 C+2 GC § 34090 Original reports and supplemental documentation (Lost, Found,
Safekeeping)
Property, Pawn C+2 C+2 GC § 34090 Sales, slips. Dealer required to file Broker/Secondhand duplicate with agency
Reports C+6 mos. C+6 mos. GC § 34090.7 Original maintained by DOJ. Dealer Dealer of Gun Sales, required to file duplicate with agency Duplicate
Restraining Orders, C C Local Destroy after law enforcement actions Emergency Protective Government described in PC 273.5, 273.6, 646.9, Orders, Temporary Guidelines 12028.5, 13700 and Family Code Restraining Orders, Sections 6380-6383 are fulfilled and Legal Stipulations, effective date of restraining order has Orders After Hearing expired.

Rosters (Divisional) S+2 S+2 GC § 34090 Personnel assigned to division.

Schedules P P GC § 34090
Daily
Watch S S GC § 34090
Assignment/
Timekeeping
Records
Speaker Requests C+l C+1 GC § 34090 Community and business requests for public appearances, speakers
Tests, Densitometer C+2 C+2 GC § 34090 Daily tests of development Results (Photo Lab) chemicals/processes for quality
control.

Training GC § 34090
.Bulletins S S
Event Files Recall after 1 Recall after 1 GC § 34090 Correspondence, brochures, year year promotional materials, info on
speakers, guests, supporting
documents
Lesson Plans, Range T+2 T+2 Scope, content, time period of courses I:\cclerk\Resolutions\6576.wpd 43
Redlands Regular Meeting of 02-06-24
73 of 857
Personnel (by name) CL+2 CL+2 GC § 34090 Paperwork documenting officers' internal and external training
Schedules, Range P P GC § 34090 Daily, weekly, monthly schedules of training events at range
Volunteer Card Files S S GC § 34090 Volunteers' identification, contact information
Animal Control
Complaints CL+2 3 GC § 34090 (d)
Bite Report P 3 GC § 34090 (d)
Citations S CO + 2 GC § 34090 (d)
Daily Logs C+l 3 GC § 34090 (d)
Impound records C+2 3 GC § 34090 (d)
Spay and Neuter S 3 GC § 34090 (d)
Refunds
Code EnforCeMent
Abandoned vehicles Recall after 1 2 GC § 34090 (d)
year
Case files 2 P GC § 34090 (d) Building, housing, and mobile home code violation records (including
inspections, public nuisance, rubbish
and weed abatement, vehicle
abatement, citations, massage parlor
permits, general).

Liens and releases, P P GC § 34090 Abatement.
supporting
Logs 2 2 GC § 34090 (d) Lien recovery, citations, complaints.

Regulations 2 P GC § 34090 (d) Includes rules.

Reports, federal and 2 .P GC § 34090 (a) Code enforcement statistics (.may state contain records affecting title to real
property or liens thereon).

Violations, building, 2 P GC § 34090 (d) Supporting code enforcement activity, property, and zoning
Management Information Systems
Inventory, information 2 2 GC § 34090 Hardware/software inventory logs; systems systems manuals.

I:\cclerk\Resolutions\6576.wpd 44
Redlands Regular Meeting of 02-06-24
74 of 857
Program files and GC §§ 34090,
directories: 34090.7
Annual backup: 2 2
Daily backup; C+2 mos. C+2 mos.

Monthly backup: C+1 C+1
Weekly backup: C+5 C+5
Tapes, information 2 2 GC § 34090 System generation.
systems
Public Information
.Publications 2 2 GC § 34090 Brochures, newsletter, bulletins, press releases.

Recreation
Inventory, records 2 2 GC § 34090 Inventory of non-current or inactive records holdings and location, indices
Public Records Requests 2 2 GC § 34090
TAXIS T+4 T+4 GC § 34090 License, permits for Taxicabs, shuttles, etc.

Note 1: The destruction of felony, misdemeanor and infraction Crime/Supplemental Reports permitted providing:

1. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S violations;

2. They do not relate to unserved warrants;

3. They do not involve identifiable items which have not been recovered;

4. They do not relate to PC 290, PC 457.1, or H&S 11590 registrants;

5. They do not relate to violations listed in PC Sections 799 and 800;

6. The cases are not presently involved in either a civil or criminal litigation.

PUBLIC WORKS DEPARTMENT
Administration
Agendas C+2 P GC § 34090 (d) City Planning Commission agendas.

Agenda Reports C+2 P GC § 34090 (d) City Council and Planning Commission.

Committees 2 P GC § 34090 Member lists, minutes/agendas, informational material, reports.

Correspondence 2 P GC § 34090 (d) Working documentation.

General subject files 2 C+5 GC § 34090 (d) Internal documentation.

Minutes P P GC §§ 34090 Official minutes and hearing
(d), 36814, proceedings of board or commission.
40801
Permits 2 2 GC § 34090 Tree removal.

I:\cclerk\Resolutions\6576.wpd 45
Redlands Regular Meeting of 02-06-24
75 of 857
Photographs ? P GC § 34090 (d) Aerial photographs.

Policies and procedures 2 2 GC § 34090 Includes, rules, regulations, standards.

Resolutions P P GC § 34090 Board, commission, or committee.

Request for proposals 2 2 GC § 34090
(RFPs)
Speaker slips 2 2 GC § 34090 Information submitted by speakers at commission and committee meetings.

Studies and special 2 2 GC § 34090 (d)
reports
Tapes, CDs, recordings: GC § 54953.5 When used for minute preparation; Audio: (b); otherwise-2 years.

Video: 30 days 30 days GC § 34090. 7
90 days 90 days
Engineering
Bridges and overpasses L L GC § 34090 Life of Structure.

Inspection 2 2 GC § 34090 Includes intersection, sidewalks, bridges, and overpasses.

Capital improvement 2 CL+10 CCP § 337.15 Supporting documents, including projects bidders' list, specifications, reports,
plans, work orders, schedules, etc.

Construction traffic 2 CL+10 CCP § 337.15 Daily tracking. control plan
Drawings, traffic control 2 P GC § 34090 Signs, signing and striping, road plan construction.

Flood control 2 2 GC § 34090 (d) Storm drains.

Drainage P P GC § 34090 Includes dams, lakes, basins, creeks Facilities
Flood Zones P P GC § 34090 Includes flood maps
Insurance Programs S+2 S+2 GC § 34090 Includes copies of policies, rules, programs
Policies/Procedures S+2 S+2 GC § 34090 Rules and Regulations Reports/Studies CL+2 CL+2 GC § 34090
Flood records 2 P GC § 34090
Permits 2 P GC § 34090 Grading, encroachment.

Photographs 2 P GC § 34090 Includes aerials.

Plans, capital 2 P GC § 34090 Streets, curbs, gutters, sidewalks, improvement, projects storm drains, water, sewer, parks. celerk Resolutions 05~6mpd 46
Redlands Regular Meeting of 02-06-24
76 of 857
Policies and procedures 2 P GC § 34090 Includes rules, regulations, standards.

Relocation files 2 CL+2 GC § 34090 Redevelopment.

Special districts 2 P GC § 34090 (a) Supporting documents re improvement, lighting, underground
utility; bonds, taxes, and construction.

Street/alley P .P GC § 34090 (a) Relinquishment of rights and fee title. (abandonment/
vacation)
Street naming and 2 P GC § 34090
numbering
Studies 2 2 GC § 34090 Traffic volume, accident history, requests, statistics, drawings,
supporting traffic devices.

Surveys 2 P GC § 34090 (a) Recording data and maps.

Parks and Street Trees
Accident reports - T+2 T+5 GC § 34090 Employees - kept in personnel file. employees
Accident reports - CL+2 CL+2 GC § 34090 Accidents of patrons using park patrons facilities.

Inventory, equipment AU+2 AU+2 GC § 34090 Warranties, purchase orders.

Landscape C+2 C+2 GC § 34090 Contracts, complaints, specifications, photos, reports.

Landscape drawings C+2 P GC § 34090 Drawings.

Maintenance and 2 C+5 GC § 34090 Includes work orders, inspection, operations repairs, cleaning, reports, complaints.

Maps P P GC § 34090 Irrigation, plot plans.

Pest Control 2 2 GC § 34090 (d) Pesticide applications, inspections and sampling, documents.

Photographs 2 P GC § 34090
Plans, proposed CU+2 2 GC § 34090 Future plans, new sites, expansions or until superceded.

Policies and Procedures S+2 S+2 GC § 34090 Includes rules and regulations Schedules, class and CU+2 CU+2 GC § 34090 Enrollment, liability releases, events evaluations, attendance, fliers in
personnel file.

Studies CL+2 CL+2 GC § 34090 Future sites, expansions.

Streets and Electrical
I:\cclerk\Resolutions\6576.wpd 47
Redlands Regular Meeting of 02-06-24
77 of 857
Abandonments/ P P GC § 34090
Vacations
Closures P P GC § 34090
Easements, dedications, P P GC § 34090
rights-of-way
Field books P P GC § 34090
Intersection records C+2 C+2 GC § 34090 Includes correspondence, volume counts, accident history.

Landscaping C+2 C+2 GC § 34090 Plants, tree maintenance, work orders.

Lighting C+2 C+2 GC § 34090 Maintenance, work orders.

Maintenance/ C+2 C+2 GC § 34090 Includes work orders, inspection, Operations repairs, cleaning, reports, complaints,
signals, striping.

Maps P P GC § 34090 Fire hydrants, lighting districts,
wheelchair ramps, storm drains,
streets, sidewalks, utilities.

Master Plans CU+2 P GC § 34090 Copies.

Parking: GC § 34090
Lots/garages 2
Regulations: S+2 P
Parking meters: 2 2
Permit, parking 2 5 GC § 34090 Residential.

Signage 2 L+2 GC § 34090 Log books, index register cards, inventory lists, records of traffic
signs.

Speed limits S+2 L GC § 34090
Traffic count 2 2 GC § 34090 Evaluation of traffic volume.

Traffic safety 2 2 GC § 34090 Pedestrian safety, bicycle lanes.

Traffic signals 2 L GC § 34090 Logs, drawings, wiring diagrams, codes, circuit numbers, installation
records, testing and maintenance.

REDEVELOPMENT AGENCY
Bonds 2 P CCP § 337 Revenue bond documentation.

Loans P P GC § 34090 Promissory notes, deeds of trust,
detail information.

Programs CL+3 P 24 CFR § 570. Includes comprehensive Housing 502(b)(3); 24 Authority strategy, meeting credit
CFR § 85.42, certificate, housing bond advisory, in-
and OMB Cir. A- lien housing mitigation, low/moderate
110, No. C housing, rental housing assistance.

I:\cclerk\Resolutions\6576.wpd 48
Redlands Regular Meeting of 02-06-24
78 of 857
Reports 2 P GC § 34090 Activity, periodic.

Reports, federal and 2 P GC § 34090 (a) Grants, community/urbanstate development (includes CDBG) 1:\cclerk\Resolutions\6576.wpd 49
Redlands Regular Meeting of 02-06-24
79 of 857
1 I:\cmo\Resolutions\8524 Destruction of Certain Public Records.docx-ms

RESOLUTION NO. 8524

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING

THE DESTRUCTION OF CERTAIN PUBLIC RECORDS

WHEREAS, the City Council of the City of Redlands adopted Resolution No. 6576 on February 20, 2007, which established regulations governing the retention and disposition of records; and

WHEREAS, in accordance with the requirements of Resolution No. 6576, the Office of the City Manager has submitted an application for the destruction of certain public records which are described in Exhibit “A” to this Resolution;

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

Section 1. That the application for the destruction of public records as described in Exhibit “A” is hereby approved.

ADOPTED, SIGNED, AND APPROVED this 6th day of February 2024.

______________________________
Eddie Tejeda, Mayor

Attest:

______________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 02-06-24
80 of 857
2 I:\cmo\Resolutions\8524 Destruction of Certain Public Records.docx-ms

I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 6th day of February, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 02-06-24
81 of 857
Redlands Regular Meeting of 02-06-24
82 of 857
Redlands Regular Meeting of 02-06-24
83 of 857
Redlands Regular Meeting of 02-06-24
84 of 857
Redlands Regular Meeting of 02-06-24
85 of 857
Redlands Regular Meeting of 02-06-24
86 of 857
Redlands Regular Meeting of 02-06-24
87 of 857
Redlands Regular Meeting of 02-06-24
88 of 857
Redlands Regular Meeting of 02-06-24
89 of 857
City Council Meeting I. 5.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Side Letter of Agreement between the City and Teamsters Local 1932 modifying language in Article 27 of the Memorandum of Understanding to clarify sick leave benefits at the time of retirement (Assistant City Manager McConnell)
MOTION(S):

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

I move to approve the side letter of agreement between the City of Redlands and Teamsters Local 1932 modifying language in Article 27 to clarify sick leave benefits at the time of retirement.

RECOMMENDATION:

Staff recommends that the Council approve the Side Letter of Agreement between the City of Redlands and Teamsters Local 1932.

DISCUSSION:

On July 25, 2023, the Council approved a Memorandum of Understanding (MOU) between the City and Teamsters Local 1932. This MOU included the option for employees to deposit their sick leave balance into a Post- Employment Health Plan (PEHP), cash out a portion of their sick leave, or utilize sick leave towards service credit at the time of retirement. After further review of the PEHP with the plan administrator, it was determined that the option of cashing out sick leave is not allowable. The City met with representatives of the Teamsters and agreed to modify Article 27 of the current MOU. This new language clarifies the benefit provided to unit members. All employees in the unit will deposit the balance of their sick leave into the PEHP or utilize sick leave towards service credit at the time of retirement. All other provisions of the MOU remain unchanged.

Redlands Regular Meeting of 02-06-24
90 of 857
remain unchanged.

ALTERNATIVES:

N/A
STRATEGIC PLAN:

N/A
SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

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

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

Tommi Ng, Assistant Director, HR/Risk Management
Fiscal Impact
Discussion:

There is no fiscal impact associated with this item.

Attachments
Side Letter Agreement
Redlands Regular Meeting of 02-06-24
91 of 857
1 CITY OF REDLANDS AND TEAMSTER LOCAL 1932
SIDE LETTER OF AGREEMENT (2024)

This Side Letter of Agreement amending the July 1, 20 23 – June 30, 202 6 Memorandum of Understanding between Teamsters Local 1932 (Teamsters) and the City of Redlands (“City”) is made and entered into this 6th day of February, 2024. Teamsters and the City are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS

WHEREAS, on July 25, 2023 , Teamsters and the City agreed to a Memorandum of Understanding (“Teamster MOU”) for the period of July 1, 2023 to June 30, 2026; and

WHEREAS, the Parties now wish to clarify their intentions with respect to Article 27, Sections D, E, and F of the Teamsters MOU; and

WHEREAS, representatives of the City and Teamsters have met and conferred in good faith, and now wish to effect changes with respect to Article 27, Section D, E, and F.

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

AGREEMENT

Section 1. Article 27, Sections D, E, and F of the Teamsters MOU, entitled “ Sick Leave” is hereby amended to read as follows:

D. AT SEPARATION OF SERVICE: Upon voluntary separation of service (excluding retirement), or layoff with the City, Unit employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula:

YEARS OF SERVICE PERCENT
10 – 15 25 %
16 – 20 35 %
21+ 50 %

E. UPON SERVICE RETIREMENT: Upon service retirement under the PERS retirement plan, Unit employees may elect to have all remaining sick leave accrued at the time of retirement converted to cash value at their final rate of pay, and deposited in the Post Employment Health Plan (PEHP) where it can be used for covered expenses such as applicable premiums payable under the City’s medical insurance program for the employee and the employee’s eligible dependents. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.

Redlands Regular Meeting of 02-06-24
92 of 857
2 F. CONVERSION TO SERVICE CREDIT: In lieu of benefit E above, Unit employees may elect to have all remaining sick leave accrued at the time of service retirement converted to PERS service credit.

CITY OF REDLANDS TEAMSTERS Local 1932

________________________________ _______________________________ Eddie Tejeda, Mayor Rich Smith, Business Agent

Attest:

_________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 02-06-24
93 of 857
City Council Meeting I. 6.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Accept the 2021 Homeland Security Grant Program Funding award in the amount of $18,679 for the purchase of portable radios and authorize an additional appropriation for the same amount (Fire Chief Sessler)
MOTION(S):

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

I move to accept the Federal Emergency Management Agency 2021 Homeland Security Grant Program funds in the amount of $18,679 for the purchase of portable radios, and approve an additional appropriation for the same amount.

RECOMMENDATION:

Staff recommends that City Council accept the Federal Emergency Management Agency 2021 Homeland Security Grant Program funds in the amount of $18,679 for the purchase of portable radios, and approve an additional appropriation.

DISCUSSION:

To keep up with changing technology and ensure proper communication ability during major emergencies, the Redlands Fire Department sought funding for the purchase of three (3) APX6000 XE 800 MHz Portable Radios, chargers, and accessories. These new portable radios will replace current XTS5000 radios that have been in service for 15 years. The new APX6000 radios also have the ability to interface with our self-contained breathing apparatus (SCBA). The ability for our SCBA to link directly to our portable radios will improve the clarity of radio transmissions, as well as enhance overall incident communications during emergent events, including acts of terrorism. Surrounding agencies are also upgrading their portable radios to the newer Motorola radios, which will improve interoperability and communications when responding to a multi-agency Redlands Regular Meeting of 02-06-24
94 of 857
improve interoperability and communications when responding to a multi-agency incident. The APX6000 radios will coincide with the programming capabilities and format that our current radio shop supports. These new APX6000 radios will allow the department to transition away from obsolete technology, while improving interoperability with local, state and federal agencies.

ALTERNATIVES:

Not accept funding from the FEMA FY202 Homeland Security Grant Program for portable radios.

STRATEGIC PLAN:

Priority B - Public Health & Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

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

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 20203-2024
Appropriation Required Y/N: Y
Amount: 18679
Discussion:

The FEMA 2021 Homeland Security Grant Program does not require matching funds. The additional appropriation in the amount of $18,679 is entirely offset by an increase of the same amount in grant revenue.

Attachments
FY21 Authorization to Spend Letter
Additional Appropriation
Redlands Regular Meeting of 02-06-24
95 of 857
Redlands Regular Meeting of 02-06-24
96 of 857
Redlands Regular Meeting of 02-06-24
97 of 857
Redlands Regular Meeting of 02-06-24
98 of 857
City Council Meeting I. 7.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the sole source purchases of the Collision Report Writer application from Crossroads Software in the amount of $39,900, and the Spillman Crossroads Accident Computer Aided Dispatch (CAD) Interface from Motorola Solutions in the amount of $37,612.23 for a total cost of $77,512.23 (Police Chief Tolber) MOTION(S):

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

I move to approve the sole source purchases of the Collision Report Writer application from Crossroads Software, and the Spillman Crossroads Accident Computer Aided Dispatch (CAD) Interface from Motorola Solutions for a total cost of $77,512.23.

RECOMMENDATION:

Staff recommends City Council approve the sole source purchases of the Collision Report Writer application from Crossroads Software in the amount of $39,900.00 and the Spillman Crossroads Accident Computer Aided Dispatch (CAD) Interface from Motorola Solutions in the amount of $37,612.23 for a total cost of $77,512.23.

DISCUSSION:

Over the past three years, Redlands Police Department personnel have been tasked with several new state and federal mandates which have reduced time previously allocated for proactive policing. In addition to the recently implemented mandates, traffic collisions continue to encompass many of the calls for service handled by police department personnel. In an effort to identify additional resources which may enhance department efficiency and ensure personnel may focus on public service efforts, the department has conducted Redlands Regular Meeting of 02-06-24
99 of 857
personnel may focus on public service efforts, the department has conducted research on technologies available to streamline the collision writing process and is recommending the purchase of the Crossroads Software Collision Report Writer application and Spillman Crossroads Accident CAD Interface.

The Crossroads Software Collision Report Writer application is a report writing system for mobile and desktop computers which provides an all-in-one for writing, reviewing, and approving collision reports. The software provides up-to-date access to the approved California Highway Patrol Accident Investigation forms, can produce sketches, and has a dupe function to allow involved party information to be copied to the injury page. The application transmits collision data to the California Highway Patrol for upload to the Statewide Integrated Traffic Records System, eliminating an additional task for Police Department Records personnel. The Crossroads Software Collision Report Writer application is a one-time cost that can be installed on as many devices as deemed necessary.

Coupled with the Motorola Spillman Crossroads Accident CAD Interface, collision data can be exported into the department’s CAD and Record Management System (RMS). The Spillman Interface parses out data and populates the correct fields, eliminating the need to manually populate required data fields.

The Police Department requests approval to purchase the Crossroads Software Collision Report Writer application and Spillman Crossroads Accident CAD Interface as sole source purchases in order to streamline internal collision report writing and report workflow processes, timelier uploading into the California Highway Patrol's Statewide Integrated Traffic Records System, reduce timely data input for staff, and direct data importation into the department's CAD-RMS.

ALTERNATIVES:

Do not approve the sole source purchases of the Collision Report Writer application from Crossroads Software and the Spillman Crossroads Accident Computer Aided Dispatch (CAD) Interface from Motorola Solutions.

STRATEGIC PLAN:

Not applicable.

Redlands Regular Meeting of 02-06-24
100 of 857
SUBMITTED BY:

Rachel Tolber, Chief of Police
RECOMMENDED BY:

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

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

Shayna Walker, Operations Manager
Fiscal Impact
Fiscal Year: 2023/24
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $77,512.23
Budgeted Y/N: Y
Account No.: 101201-6703
Discussion:

The cost associated with these products and services is $77,512 and this expense is included in the Police Department's budget for FY 2024.

Attachments
Crossroads Software Quote
Crossroads Sole Source
Spillman Crossroads Accident Interface Quote
Spillman Sole Source
Redlands Regular Meeting of 02-06-24
101 of 857
Crossroads Software
407 W Imperial Hwy STE H #378
Brea, CA 92821 US
714-990-6433
[email protected]
www.crossroadssoftware.com
Cost
Proposal

ADDRESS
Redlands Police Department
1270 W Park Ave
Redlands, CA 92373

SHIP TO
Redlands Police Department
1270 W Park Ave
Redlands, CA 92373
COST PROPOSAL # DATE EXPIRATION DATE
1138 06/01/2023 06/30/2024

ACTIVITY DESCRIPTION QTY RATE AMOUNT
Report Writer - desktop Crossroads Report Writer for collision reporting (desktop) - site license
1 9,800.00 9,800.00
Report Writer - mobile Crossroads Report Writer for collision reporting (mobile) - site license
1 3,900.00 3,900.00
CHP Upload Interface to Upload Collision Report Data and Documents to the CHP SWITRS System
1 24,800.00 24,800.00
RMS Interface Interface to Output Collision Records to RMS (Spillman)
1 3,900.00 3,900.00
Project Management
and Training
Project Management (dedicated PM) and Training (via
on demand training videos)
1 300.00 300.00
Maintenance and
Support-Collision
Annual Maintenance and Support (Includes upgrades
to new versions as they become available)
1 2,900.00 2,900.00
Agency Discount Agency Discount (mobile collision app discount) 1 -5,700.00 -5,700.00 TOTAL $39,900.00
Accepted By Accepted Date
Redlands Regular Meeting of 02-06-24
102 of 857
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition #
___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a s
pecific brand, where substitutes to the recommended vendor or brand are unacceptable, must be
accompanied by a written justification explaining the circumstances that make alternatives un
acceptable.

The City M anager w ill de termine whether t he justification is appropriate. R equ ests for exception must be supported by factual statements tha t will pass an audit.

Redlands Regular Meeting of 02-06-24
103 of 857
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS

1. P
lease check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory c ompatible with existing equipment.

Existing Equipment:

Manufacturer/Model Number:

Age:

Current Estimated Value:
b. The requested product has unique design/performance specifications or quality r
equirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. T he requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-than- new cost.
f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

Redlands Regular Meeting of 02-06-24
104 of 857
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:

4. List
below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary.

5. Explain what action(s) the department would take if the sole/single source services were no longer available

6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available for audit in my department _________________________________________________________ Pr
epared by Date _________________________________________________________ Dep
artment Director Date Purch
asing Approvals
______________________________________________________
P
urchasing Agent Approval Date
_______________________________________________________

City Manager Approval Date
Redlands Regular Meeting of 02-06-24
105 of 857
Quote and Purchase Addendum
Quoted Date: Quote Number: 1378657
Quote Expiration: April 15, 2024 Prepared By: Tally Gochis Services Include
 First-year Maintenance – For the specific module(s) listed in this document, all upgrades and live phone support services are included for the entire first year.  Project Management and Installation – Motorola Solutions will assign a Flex Project Manager as the agency’s single point of contact. This individual will coordinate Motorola's expert staff as needed to ensure a smooth upgrade transition.

Included in Quote

Package Quote
*Sales Tax Not Included
 Future maintenance is estimated for your planning purposes and is not included in the first year purchase amount.
 2nd-year maintenance will begin 12 months from production implementation.

Year 2 Support & Maintenance Total (Due 12 months after implementation) Year 3 Support & Maintenance Total (Due 24 months after implementation) Year 4 Support & Maintenance Total (Due 36 months after implementation) Year 5 Support & Maintenance Total (Due 48 months after implementation) Total Years 2-5 Support & Maintenance
December 7, 2023
$2,906
$3,022
$3,143
$3,269
$12,340
5 Year Total: $37,612.23
Crossroads Interface:

Accident Interface
$25,272.23
Support & Maintenance Years 2-5
Redlands Regular Meeting of 02-06-24
106 of 857
Payment Terms

project completion
 Customer agrees to pay all invoices within thirty (30) business days of invoice date
The Customer’s signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein.

Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

Redlands Police Department
Customer Name Authorized Signature
Date Print Name and Title
Bill To Address Ship To Address
$25,272.23 First year payment amount due net 30 upon receiving invoice after Redlands Regular Meeting of 02-06-24
107 of 857
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

The City M anager w ill de termine whether t he justification is appropriate. R equ ests for exception must be supported by factual statements tha t will pass an audit.

Redlands Regular Meeting of 02-06-24
108 of 857
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS

Existing Equipment:

Manufacturer/Model Number:

Age:

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

Redlands Regular Meeting of 02-06-24
109 of 857
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:

5. Explain what action(s) the department would take if the sole/single source services were no longer available

City Manager Approval Date
Redlands Regular Meeting of 02-06-24
110 of 857
City Council Meeting I. 8.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Agreement with CRS Redlands for $180,000, paid from the Encampment Resolution Funding Grant, to provide temporary shelter beds to the homeless, and determine that the agreement is exempt from environmental review pursuant to Section 15301 of the State’s Guidelines for Implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move to determine that approving the agreement for Homeless Resource Services is exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines; and

1. I move to approve the Agreement with CRS Redlands for $180,000, paid from the Encampment Resolution Funding Grant.

2. RECOMMENDATION:

Staff recommends City Council approve the Homeless Resource Services agreement with the Church of Religious Science of Redlands, doing business as CRS Redlands as identified in the Encampment Resolution Funding Grant proposal and award to provide temporary shelter beds to the homeless population in Redlands.

Staff further recommends that the City Council determine that the approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) State’s guidelines implementing the California Environmental Quality Act.

Redlands Regular Meeting of 02-06-24
111 of 857
DISCUSSION:

The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) which is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds for Continuum of Care and/or Local Jurisdictions. To date, there have been two rounds of the Encampment Resolution Funding Program.

The City of Redlands has been awarded $4,529,069 in ERF funds to resolve the experience of unsheltered homelessness for people residing in encampments.

Resolving these experiences of homelessness has the intent of addressing the safety and wellness of people within encampments, resolving critical encampment concerns, and transitioning individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.

As part of the City of Redlands grant proposal, the Church of Religious Science of Redlands, doing business as CRS Redlands was identified as a partner capable and willing to provide temporary shelter beds in Redlands, one of the first steps in transitioning chronically and literally homeless individuals into permanent housing solutions. Placement in these shelter beds will be coordinated through the Homeless Solutions Outreach teams and are a critical step in meeting our granted milestone of placing 200 individuals in permanent housing.

Church of Religious Science of Redlands doing business as CRS Redlands will be providing 500 shelter bed nights to homeless individuals in Redlands over the term of the agreement, which will be from February 2024 through June 2026.

ALTERNATIVES:

The City Council may direct staff to find alternative shelter placement options needed to meet the grant milestone requirements.

Redlands Regular Meeting of 02-06-24
112 of 857
STRATEGIC PLAN:

Priority B.4 Homelessness
SUBMITTED BY:

Assistant City Manager Boatman
RECOMMENDED BY:

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

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

Don Craw, Senior Manager FCS
Fiscal Impact
Fiscal Year: 2023-24
Revenue Generating: NO
Appropriation Required Y/N: NO
Amount: $180,000
Budgeted Y/N: YES
Account No.: 200120
Discussion:

Grant funds have been budgeted based on award.

Attachments
Homeless Service Agreement
NOFA
Associated Grant Agreement
Redlands Regular Meeting of 02-06-24
113 of 857
1 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

HOMELESS RESOURCE SERVICES AGREEMENT

This agreement for the provision of Homeless Resource Services (“Agreement”) is made and entered in this 6th day of February, 2024 “Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Church of Religious Science of Redlands dba CRS Redlands, a California non-profit corporation (“Provider”). City and Provider are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Provider agree as follows:

ARTICLE 1 – ENGAGEMENT OF PROVIDER

1.1 This Agreement is being funded by grant funding from the State of California Encampment Resolution Funding Program (“ERF Grant”) and administered by the California Interagency Council on Homelessness (“Cal ICH”). City is a grantee of the ERF Grant.

1.2 City hereby engages Provider to provide homeless resource s and services for City (the “Services”).

1.3 The Services shall be performed by Provider in a professional manner, and Provider 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 Providers in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF PROVIDER

2.1 The Services that Provider shall provide are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

2.2 Provider shall comply with applicable federal, state , and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. This Agreement is subject to any additional restrictions, limitations, conditions or statutes, regulations or any other laws whether federal, State of California or any agency, department or any political subdivision of the federal or State of California which may affect the provisions, terms or funding of the ERF Grant and this Agreement in any manner.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Provider information in its possession that may reasonably assist Provider in providing the Services.

3.2 City designates David Rabindranath, Homeless Solutions Coordinator, as City’s representative with respect to performance of the Services, and such person shall have the Redlands Regular Meeting of 02-06-24
114 of 857
2 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

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 Provider shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services” (“Services”) which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be from the Effective Date through June 30, 2026, until all available ERF Grant funds have been expended, or unless terminated earlier as provided herein.

4.3 Provider shall provide all information required by City to conform to the reporting and auditing requirements of the ERF Grant for which Services are associated as required by this Agreement

4.4 If Provider’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 Provider to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO PROVIDER

5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred eighty thousand dollars ($180,000). City shall pay Provider in the amount of sixty thousand dollars ($60,000) upon execution of this Agreement so tha t Services can be expedited to the homeless population. Two additional disbursements of sixty thousand dollars ($60,000) will be made when reconciliation reports have been submitted and approved that show expenditures of eighty -five percent (85%) of the previous distribution.

5.2 Provider shall submit monthly reconciliation reports to City describing the Services provided during the preceding month in accordance with Exhibit “B” titled “ Rate Sheet,” which is attached hereto and incorporated herein by this reference. Provider’s reconciliation reports shall include a brief description of the Services performed, client identification, the dates the Services were performed, the value of resources expended, and any other pertinent information related to the Services. Additional ERF Grant auditing and reporting documents requirements are described in Exhibit “C” titled “ ERF Grant Reporting” which is attached hereto and incorporated herein by this reference. Any additional required information or reporting will be requested in writing by the City as needed and shall be provided by Provider in a timely manner.

Redlands Regular Meeting of 02-06-24
115 of 857
3 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

5.3 Upon termination of Agreement, any unexpended funds shall be returned to the City within 15 days. If at any time during the term of the Agreement, Provider determines or anticipates unexpended funds will be present at termination, Provider is to contact the City in writing and coordinate possible reallocation of funds to ensure service goals of the ERF Grant are met.

5.4 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first c lass, 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 PROVIDER
City Clerk Edward Torres, President
City of Redlands Church of Religious Science of Redlands 35 Cajon Street 602 Church St
P.O. Box 3005 (mailing) Redlands, CA 92374
Redlands, CA 92373 [email protected]
[email protected] 760-567-3259 – Cell Ed Torres (909) 798-7531 Fax: 760-359-0235 (Efax)

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Provider for the duration of its performance of the Services. Provider shall not perform any Services unless and until the required insurance listed below is obtained by Provider.

Provider shall provide City with 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 Provider is self-insured or exempt from the workers’ compensation laws of the State of California. Provider shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability 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 Redlands Regular Meeting of 02-06-24
116 of 857
4 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

be primary and non-contributing to any insurance or self-insurance maintained by City.

C. 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 Provider owned vehicles used in connection with Provider’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.

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

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Provider 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 Provider’s Services. Provider further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Provider agrees it is not a designated employee within the meaning of the Political Reform Act because Provider:

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.

Redlands Regular Meeting of 02-06-24
117 of 857
5 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

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

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of City to enforce at any time the provisions of this Agreement, or to require at any time, performance by Provider of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right City to enforce the provisions of this Agreement.

8.2 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 fe es for the use of in - house counsel by a Party.

8.3 Provider shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discr etion of City, results in City’s immediate termination of this Agreement.

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

8.5 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Provider of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Provider’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Provider at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Provider. Upon receipt of a termination notice, Provider 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 d ata, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Provider in performing the Redlands Regular Meeting of 02-06-24
118 of 857
6 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

Services. Provider shall be compensated on a pro -rata basis for Services completed up to the date of termination.

8.6 This Agreement is valid and enforceable only if sufficient funds are made available from the State of California by legislative appropriation to continue funding the ERF Grant. If the ERF G rant funding is not appropriated by the Legislature or the ERF G rant is terminated or cancelled, the City may terminate this Agreement pursuant to Section 8.4.

8.7 Provider shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years, or for any longer period required by law, from the date of final payment to Provider pursuant to this Agreement. City shall have the right to review, obtain and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

Such books shall be available upon reasonable notice and during normal business hours for examination, inspecting and copying of records and documentation related to the Services provided under this Agreement, by City at the office of Provider.

8.8 During the performance of this Agreement, Provider and its employees and subcontractors shall not unlawfully discriminate, harass, or allow harassment against an employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ances try, religion, creed, national origin, pregnancy, physical disability, mental disability, medical condition, age, genetic information, marital status, military and veteran status, denial of medical and family care leave, pregnancy disability leave or any other protected class under state or federal law. Provider shall ensure that the valuation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Provider shall comply with the provisions of California law against discriminatory practices relating to such protected classes.

8.9 Provider agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace.

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

8.11 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.

8.12 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 Redlands Regular Meeting of 02-06-24
119 of 857
7 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

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.

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

CITY OF REDLANDS CHURCH OF RELIGIOUS SCIENCE OF

REDLANDS

By: ___________________________ By: ______________________________ Eddie Tejeda, Mayor Edward Torres, President of the Board

By: ______________________________
Holly Bocanegra, Church Board Secretary

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 02-06-24
120 of 857
8 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

EXHIBIT "A"

SCOPE OF SERVICES

Provide temporary shelter beds for City Homeless Solutions referred clients during transition to permanent housing solutions.

Shelter bed shall include the following:

• Occupation of space during a minimum of 7pm – 7am daily • Bed (Floor Mats / Cots)
• Access to restroom
• Heating/Cooling
• Access to food resources or meals.
• Case management and client support services.

Provider to post all rules and guidelines for occupancy and make copy available to clients at time of check-in.

Provider shall maintain onsite staff at all times during occupancy.

Provider to maintain current occupancy report of clients and provide to City weekly.

Provider shall make available 500 bed nights as requested by City outreach teams during the term of the agreement. Beds shall be available for either men or women in separate locations.

Redlands Regular Meeting of 02-06-24
121 of 857
9 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

EXHIBIT "B"

RATE SHEET

Shelter Bed / Room Nightly Cost $32.00 per night
Staff Hourly Rate (Fully Burdened) for Case Management / Housing Navigation
$28.75 per hour
Supplies / Services Provided Directly to Client Actual Cost Admin Cost 5%

Redlands Regular Meeting of 02-06-24
122 of 857
10 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

EXHIBIT "C"

ERF GRANT AUDITING AND REPORTING
Provider shall submit to all reporting and auditing requirements of the ERF Grant including but not limited to the following:

Provide monthly reports of expenditures and services provided that include outreach and service path data at the anonymized level.

Maintain housing status data for persons served in the aggregate.

Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.

Provider shall maintain and make available, individual, client -level data for persons served by grant funding to the City, in addition to any data reported through local Homeless Management Information System, as required by the ERF Grant for the purposes of research.

Provider shall comply with the data entry requirements of AB977, located at Welfare and Institutions Code section 8256(d).

Provider shall participate in a program evaluation regarding implementation of the ERF Grant is requested.

For the purpose of evaluation, Cal ICH, or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee’s site visit terms during any site visits. Provider should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation of the ERF Grant.

Provider shall coordinate and cooperate with City provided independent certified public accountant for audit purposes if requested.

Record Inspection: Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under the ERF Grant and this agreement. The Provider agrees to provide the City, Cal ICH, or its designee, with any relevant information requested. The Provider agrees to give the City, Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, Cal ICH guidance or directives, the ERF Grant, and this Agreement.

Record Retention: The Provider further agrees to retain all records described above for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced be fore the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

Redlands Regular Meeting of 02-06-24
123 of 857
11 I:\cmo\Agreements\CRS Redlands Homeless Service Agreement FY23-0013.docx-ms

EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

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

CHECK ONE

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

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

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

CONTRACTOR

By: Date: ___________________
Edward Torres, Church Board President

By: Date: ___________________
Holly Bocanegra, Church Board Secretary

Redlands Regular Meeting of 02-06-24
124 of 857

Encampment Resolution Funding Program,
Round 2,
Second Disbursement
(ERF-2-R)

Notice of Funding Availability (NOFA)

December 01, 2022
Redlands Regular Meeting of 02-06-24
125 of 857

1 Table of Contents
I. GRANT OVERVIEW ...................................................................................................................... 2 A. ERF-2-R Objective ...................................................................................................................... 2 B. Authority ...................................................................................................................................... 2 C. Background ................................................................................................................................. 3 D. Eligible Applicants ....................................................................................................................... 3 E. Eligible Population to Serve ........................................................................................................ 3 F. Rounds of Funding ...................................................................................................................... 3 G. Available Funds ........................................................................................................................... 4 H. Key Dates ................................................................................................................................... 4 I. Applicant Conference: ................................................................................................................. 5 II. REQUIRED APPLICATION ELEMENTS, EVALUATION CRITERIA, AND PRIORITIZED FACTORS ...................................................................................................................................... 5 A. Required Application Elements ................................................................................................... 5 B. Evaluation Criteria ....................................................................................................................... 6 C. Prioritized Factors ....................................................................................................................... 6 III. ELIGIBLE USES ............................................................................................................................ 6 A. Eligible Uses ................................................................................................................................ 6 B. Budgets ....................................................................................................................................... 7 IV. Application .................................................................................................................................... 8 A. ERF-2-R Application ................................................................................................................... 8 V. APPLICATION SUBMISSION ...................................................................................................... 10 A. Submission Portal Requirements............................................................................................... 10 VI. REVIEW, SCORING, AND AWARD ............................................................................................. 10 A. Review ...................................................................................................................................... 10 B. Scoring ...................................................................................................................................... 11 C. Awa
rd ........................................................................................................................................ 13 D. Appeals ..................................................................................................................................... 14 VII. PERFORMANCE AND REPORTING ........................................................................................... 14 A. Performance .............................................................................................................................. 14 B. Reporting .................................................................................................................................. 14 VIII. Addendum 1: Q&A...................................................................................................................... 15

Redlands Regular Meeting of 02-06-24
126 of 857

2 California Interagency Council on Homelessness (Cal ICH)

Encampment Resolution Funding Program, Round 2, Second
Disbursement (ERF-2-R)

Notice of Funding Availability (NOFA)
I. GRANT OVERVIEW

A. ERF-2-R Objective
The Encampment Resolution Funding (ERF) Program will fund actionable, person- centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data- informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.

Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

B. Authority
Under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.), the Encampment Resolution Funding Program (Program) was established to increase collaboration between the California Interagency Council on Homelessness (Cal ICH), Local Jurisdictions, and Continuums of Care for the following purposes:
• Assist L ocal Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.

• Provide grants to Local Jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing.

• Encourage a data-informed, coordinated approach to address encampment concerns.

The ERF Program was initially authorized in 2021 through Assembly Bill (AB) 140 (Chapter 111, Statutes of 2021), which allocated $50 million for what would become the first round of funding. SB 197 (Chapter 70, Statutes of 2022) amended the program and AB 178 (Chapter 45, Statutes of 2022) allocated an additional $300 million for Round 2 of ERF funding.

Redlands Regular Meeting of 02-06-24
127 of 857

3 C. Background
Cal ICH was created in 2017 to oversee the implementation of Housing First policies, guidelines, and regulations to reduce the prevalence and duration of homelessness in California. Cal ICH’s mission is to develop policies and to identify and coordinate resources, benefits, and services to prevent and work toward ending homelessness in California.

The ERF Program is a 4-year grant program that includes two rounds of funding: $50 million in Fiscal Year (FY) 2021-22 (ERF-1) and $300 million in FY 2022-23 (ERF-2) to provide grants to Local Jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing.

The first disbursement from the $300 million of ERF-2 funds was provided to applicants from ERF-1 that satisfactorily met all program requirements but had not been awarded grants due to lack of available funds.

This NOFA is for the remaining $237,301,738 of ERF-2 funds. Applications will be accepted on a rolling basis until June 30, 2023, or until all funds are exhausted, whichever comes first. Up to $150 million will be prioritized for proposals that serve people living in encampments on state right-of-ways.

D. Eligible Applicants
• Local Jurisdiction – means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

• Continuum of Care (CoC) – as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

o Per statute (AB 178, Budget Act of 2022), Local Jurisdictions have priority to apply for ERF programs on state right-of-ways, over CoC applicants, until a date specified by Cal ICH. If a CoC applies for an ERF proposal located on a state right-of-way before May 1, 2023, the CoC must provide a Letter of Local Acknowledgment from each overlapping Local Jurisdiction that identifies the prioritized encampment and confirms that the CoC has communicated with each Local Jurisdiction and that no Local Jurisdiction intends to apply for ERF- 2-R funds for the prioritized encampment.

E. Eligible Population to Serve
ERF-2-R funds may only be used for proposals that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing.

F. Rounds of Funding
• ERF-1 is Round 1 of the Encampment Resolution Funding Program. It featured one disbursement totaling $48 million to 19 jurisdictions.

• ERF-2 is Round 2 of the Program. It features at least two disbursements.

Redlands Regular Meeting of 02-06-24
128 of 857

4 o ERF-2’s first disbursement (ERF-2-L) was made available to jurisdictions that applied for ERF-1, satisfactorily met all applicable program requirements, but did not receive awards due to lack of available funds. $47.7 M was awarded to eight jurisdictions (ERF-2-L indicates a lookback to unfunded ERF-1 applicants).

o ERF-2’s second disbursement (ERF-2-R) is made available through this NOFA (ERF-2-R indicates a rolling application process).

G. Available Funds
• Up to $237,301,738 are available for award through ERF-2-R.

o Applications will be accepted on a rolling basis until June 30, 2023, or until funds are exhausted, whichever is sooner.

o Pursuant to the Budget Act of 2022 (Section 20 of AB 178), up to 50 percent of the $300 million authorized for ERF-2 shall be prioritized for Local Jurisdictions with proposals that address encampments on state right-of-ways and that meet priority criteria established by Cal ICH in consultation with the Department of Transportation.

H. Key Dates
The rolling Application Window will open upon the release of this NOFA and the accompanying ERF-2-R application on December 1, 2022, and will remain open until June 30, 2023, or until all program funds have been exhausted, whichever comes first.

Applications will be reviewed in batches as illustrated in the table and diagram below.

Applications for projects on state right-of-ways will be prioritized in this review process.

If a CoC applies for an ERF proposal located on a state right-of-way (SROW) before May 1, 2023 (during Application Window #1 or #2), the CoC must provide a Letter of Local Acknowledgment from each overlapping Local Jurisdiction that identifies the prioritized encampment and confirms that no Local Jurisdiction intends to apply for funding for the prioritized encampment.

Table, ERF-2-R Events Responsible
Party
Date(s)
NOFA Release Date Cal ICH 12/01/2022
Application Release Date Cal ICH 12/01/2022
Application Window #1 Applicant 12/1/2022 - 2/28/2023
Application Window #2

Review and Award Window #1 Applications
Applicant

Cal ICH

3/1/2023 - 4/30/2023
Letter of Local Acknowledgement No Longer
Required for CoC Applications on SROW

Applicant

5/1/2023
Application Window #3

Review and Award Window #2 Applications
Applicant

Cal ICH

5/1/2023 - 6/30/2023
Review and Award Window #3 Applications Cal ICH 7/1/23 - 8/31/23 Deadline to Expend 50 Percent of Allocation Applicant 6/30/2024 Deadline to Obligate 100 Percent of Allocation Applicant 6/30/2024 Deadline to Expend 100 Percent of Allocation Applicant 6/30/2026 Redlands Regular Meeting of 02-06-24
129 of 857

5 Diagram, Application Window and Review
2022 2023

DEC JAN FEB MAR APR MAY JUN JUL AUG
Application Window 1
Review of Window 1
Applications
Application Window 2
Review of Window 2
Applications
Application Window 3
Review of Window 3
Applications

I. Applicant Conference:

General questions may be submitted by email to [email protected], with a heading “ERF-2-R” for the duration of the rolling application period. Please know that Cal ICH will likely respond to any inquiries through official channels that are directed to the entire eligible applicant pool (i.e., Applicant Conference, FAQ, or if necessary, an addendum to this NOFA). A non-mandatory Applicant Conference is a space for Cal ICH to walk through the application and submitted questions and answer live questions, as time permits. This conference will last an hour and is for informational purposes only.

Attendance is voluntary and the conference will be recorded and posted on Cal ICH’s website for viewing as your schedule permits.

To have y
our question answered in the Applicant Conference, please email questions to [email protected] with subject line: ERF- 2-R by 5pm 12/21/2022.

Conference date and time: 1/05/2023 @ 10:00 – 11:00 AM Pacific Time

Applicant Conference Agenda:
• Welcome and Introduction
• NOFA Overview
• Answer Questions Submitted to Cal ICH
• Live Questions (as time permits)
II. REQUIRED APPLICATION ELEMENTS, EVALUATION CRITERIA, AND PRIORITIZED

FACTORS

A. Required Application Elements
Eligible applicants must submit an Application in a form and manner specified by Cal ICH; the Application must include minimum elements as described in HSC Section 50252.1(c)(4). The Application made available through the Cognito Submission Portal includes all the minimum elements.

Redlands Regular Meeting of 02-06-24
130 of 857

6 B. Evaluation Criteria
In determining which Applications to fund, Cal ICH shall evaluate and score proposals based on specific criteria as described in HSC Section 50251(c)(2). These specific criteria are operationalized through and located in the ERF-2-R Scoring Matrix at Section VI.A and B of this NOFA.

C. Prioritized Factors
In accordance with HSC Section 50252.1(c)(5), in awarding grants, funding shall be prioritized for both of the following:

• Applications that demonstrate cross-systems collaboration, including collaborations with state and federal entities, and innovative efforts to resolve encampment issues, while focusing on protecting the health and well-being of the individuals living in those encampments.

• Applications that represent the diversity of communities across the state, including, but not limited to, rural, urban, and suburban communities.

III. ELIGIBLE USES

A. Eligible Uses
Applicant’s program design and objective and their proposed eligible uses must advance ERF-2-R’s objective, which is set forth at Section I.A of this NOFA.

Proposal design may include any combination of the following ten Eligible Use categories:

Eligible
Use
Category
Non-Exhaustive List of Eligible Activities Applied to the Eligible Population
Rapid
Rehousing
Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating
Subsidies
Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

Street
Outreach
Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services
Coordination
Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Redlands Regular Meeting of 02-06-24
131 of 857

7 Systems
Support
Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of
Permanent
Housing
Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention
and Shelter
Diversion
Prevention and shelter diversion to permanent housing, including fle
xible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim
Sheltering
Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements
to Existing
Emergency
Shelters
Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administrative
Costs
Administrative costs incurred by the city, county, continuum of care, to administer its program allocation. Up to 5% of grant funds may be applied to administrative costs.

Site restoration is not a permitted Eligible Use for ERF-2-R funds.

B. Budgets
Applicants must use the standardized budget template available at Box.com:
(https://dca.app.box.com/s/3hil5rn8zp4g4q91r619fjlt2lrc6qvl) Where nec essary, applicants may modify the budget template.

These bud
gets will be submitted through the Cognito submission portal:
(https://www.cognitoforms.com/CaliforniaInteragencyCouncilOnHomelessness/ERF2 RApplication).

Applicants must demonstrate a reasonable effort to correctly categorize their budgets into the appropriate Eligible Uses. Additionally, if one larger proposal may fall within two or more Eligible Use categories, applicants should split up the line item so that Cal ICH staff can track and better understand proposal components.

Redlands Regular Meeting of 02-06-24
132 of 857

8 IV. APPLICATION

A. ERF-2-R Application
The ERF-2-R Application is a questionnaire style survey and has three required parts. A submitted Application that deviates from the following requirements may be considered nonresponsive and may be disqualified from the evaluation.

1. Part 1: Administrative Information
Requires the applicant to provide information pertaining to jurisdiction type, implementing organization, and contacts.

2. Part 2: Proposal Overview
Requires the applicant to provide information on three main areas:

a) P eople Served: including metrics on how many people are living in the prioritized encampment and how many people are proposed to be served.

b) E ncampment Information: including a description of the people living in the prioritized encampment, the physical characteristics of the encampment, why the site and the people residing there are being prioritized, and whether the encampment is located entirely or partially on a state right-of-way. This includes:

• Attachment, Map: Applicants must submit a map of the encampment site proposed to be served with ERF-2-R funds.

• If applicable, Attachment, Caltrans Letter of Support: Projects entirely or partially on a state right-of-way must include a Letter of Support from Caltrans.
 This letter must include confirmation from Caltrans that they are aware of and in support of the ERF project, including the projected timeline, and that they will only take action on that encampment site in collaboration with and with at least two weeks-notice to the ERF grantee, unless critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed.
 This letter should be signed by the local Caltrans Deputy District Director of Maintenance (DDDM) or their designee.
 This letter may also include Caltrans role in the proposal and what Caltrans resources are being leveraged.

c) P
roposal’s Outcomes : including a description of the proposal’s planned outcomes, activities to support meeting these outcomes, and how the applicant will measure their progress.

Redlands Regular Meeting of 02-06-24
133 of 857

9 3. Part 3: Implementation
Requires the applicant to provide details around proposal implementation around five key areas:

a) C entering People: includes data, evidence, etc. that informed the proposal’s design, how input from people with lived expertise was meaningfully incorporated into the proposal, the proposal’s adherence to Housing First, the proposal’s delivery of trauma informed housing services and supports, as well as how the proposal will prioritize the dignity, health and safety of people experiencing homelessness in the encampment.

b) C
ore Service Delivery and Housing Strategies: including the proposed outreach strategies and/or service coordination for the persons experiencing homelessness while they continue to reside in the encampment, the proposed living situations immediately following the encampment, displacement mitigation strategies, commitment and ability to deliver permanent housing, service pathways to permanent housing, and strategies to mitigate returns to unsheltered homelessness.

c) B
udget and Resource Plan: including the total amount of ERF-2-R funds requested, the amount and description of non-ERF resources that will support the proposal, and an explanation for how the requested amount was determined based on the number of people served and the housing options provided. This includes:

•
Attachment, Standardized Budget: Applicants must use the standardized budget template available at Box.com:
(https://dca.box.com/s/3hil5rn8zp4g4q91r619fjlt2lrc6qvl). Where necessary, applicants may modify the budget template. For guidance on Eligible Uses and categorization, see Eligible Uses in Section III.A.

d) Ke
y Entities and Staff: including the experience and qualifications for the implementing organization and key partners, evidence of collaboration between Local Jurisdiction(s) and the CoC, as well as identification of the primary parties with rights to and/or control of the property upon which the encampment resides (Caltrans, Union Pacific, private landowner, etc.) and their shared understanding of and commitment to the implementation of the proposal. For proposals on state right-of-ways, applicants must describe how they collaborated with Caltrans on their program design, implementation plans, and projected timeline.

•
If applicable, Attachment, Letter of Local Acknowledgement: Local Jurisdictions have priority to apply for ERF programs on state right-of- ways. If a CoC is applying for an ERF project for an encampment that is entirely or partially on a state right-of-way before May 1, 2023, the CoC must include a Letter of Local Acknowledgment from each overlapping jurisdiction. This letter must confirm that the applicant has communicated with each overlapping Local Jurisdiction and that no overlapping jurisdiction intends to apply for ERF-2-R funds for this particular encampment.

Redlands Regular Meeting of 02-06-24
134 of 857

10 e) Accelerated Timeline: including how your community will act urgently and efficiently while prioritizing the dignity, safety and wellness of people experiencing homelessness within the encampment site and proposal milestones. This includes:

•
Attachment, Timeline: Applicants must use the standardized timeline template for the appropriate application window available at Box.com:
 Timeline for Application Window 1 (through February 28, 2023) (https://dca.box.com/s/44esrb8roe0pc3lmm3y7h1v4qkja8qbk)  Timeline for Application Window 2 (through April 30, 2023) (https://dca.box.com/s/mn0oepvjshisp6asdg32g0duxfhy0phy)  Timeline for Application Window 3 (through June 30, 2023) (https://dca.box.com/s/kl1r5ndssno0uygi66sz7b4zooweolts) V. APPLICATION SUBMISSION

A. Submission Portal Requirements
Applicants will utilize the Cognito submission portal:
(https://www.cognitoforms.com/CaliforniaInteragencyCouncilOnHomelessness/ERF2RA pplication).

Applications will be accepted on a rolling basis beginning on December 1, 2022, until June 30, 2023, or until all funds have been exhausted, whichever occurs first. As detailed above in the Key Dates table, this rolling application period will span three possible application submission windows. Complete applications submitted and received by 5:00 p.m. on the last day of the corresponding application window, will be reviewed and evaluated as a batch for that window. Applications received after 5:00 p.m. on the last day of the application window will be reviewed and evaluated during the following application window. Because Cal ICH does not have control over the platform’s timing apparatus and uploading speed, and to mitigate for unforeseen occurrences, applicants are strongly encouraged to submit by noon on the last day of the corresponding application window. For example, applications submitted during application window #1 for the period of December 1, 2022 through February 28, 2023, must be submitted no later than 5:00 p.m. on February 28, 2023, and applicants are encouraged to submit by noon on that day to mitigate any unforeseen occurrences in the Cognito application portal. Applicants are permitted to submit a “test” submission at a time of their choosing to familiarize themselves with the Application and the Cognito platform. The Cognito platform will instruct applicants how to navigate this process.

VI. REVIEW, SCORING, AND AWARD

A. Review
Phase 1 – Administrative Review: Applications will be reviewed and evaluated for completeness of NOFA specifications, including checking that the application was submitted on behalf of an eligible applicant. In this review stage, reviewers will compare the contents of each application to ensure that all required items are populated and / or received. Applications that are not complete or do not contain all the required items and attachments will be considered non-responsive and may be disqualified from the evaluation.

Redlands Regular Meeting of 02-06-24
135 of 857

11 Phase 2 – Scoring Review: Cal ICH and/or its designee will convene an evaluation panel of three qualified individuals who have knowledge and experience of the state grantmaking process and subject matter of the Program (Evaluation Panel). The Evaluation Panel will review and score applications in accordance with the ERF Scoring Matrix below. This panel will produce an application’s average score. Applications eligible for funding must score an average of at least 70 of the possible 100 points. In addition to receiving an average total score of at least 70, all applicant scores must average no less than the minimum scoring threshold for each of the following sections:
1) People Served and Encampment Information (must receive 3 out of the 5 possible points)
2) Proposal’s Outcomes (must receive 10 out of the 15 possible points) 3) Centering People (must receive 16 out of the 20 possible points) 4) Core Service Delivery and Housing Strategies (must receive 11 out of the 15 possible points)
5) Budget and Resource Plan (must receive 10 out of the 15 possible points) 6) Key Entities and Staff (must receive 10 out of the 15 possible points) 7) Accelerated Timeline (must receive 10 out of the 15 possible points)

B. Scoring

The Evaluation Panel will review and consider the totality of the information in the Application when determining whether the Application satisfies the minimum scoring threshold. However, applicants should respond to each Application criteria in the proper Application section to ensure all requirements are met.

ERF-2-R Scoring Matrix
Proposal Overview Factors that satisfy minimum scoring threshold:

People Served and
Encampment
Information
(Must receive 3 out
of the 5 possible
points)
• C learly describes the characteristics and demographics of the people living in the prioritized encampment and the physical aspects of the encampment including location, size of area, types of structures onsite, and vehicles present.
• M akes a logical and compelling case for why the identified encampment site is being prioritized.

Proposal’s
Outcomes
(Must receive 10 out
of the 15 possible
points)
• Proposal’s outcomes meaningfully align with ERF-2-R's objective (set forth at Section I.A of this NOFA).
• O utcomes are specific, measurable, realistic, and time-based. • L ogically describes how progress will be measured and outcomes achieved.
• Applicant demonstrates an above average likelihood of achieving the Proposal’s Outcomes.

Redlands Regular Meeting of 02-06-24
136 of 857

12 Implementation Factors that satisfy minimum scoring threshold:

Centering People
(Must receive 16 out
of the possible 20
points)
• Uses well-informed analyses or the perspectives of people with lived experience of homelessness to inform the proposal’s decisions, processes, and actions which should advance the wellbeing of people experiencing unsheltered homelessness in the identified encampment.
• Aligns with and exemplifies Housing First approaches. • Provides trauma informed services and supports,
operationalizes harm reduction, and centers an individual’s choice and preferences.
• Prioritizes the dignity, health, and safety of people experiencing homelessness in the encampment.
• Details the controls in place to not “penalize homelessness.”

Core Service
Delivery and
Housing Strategies
(Must receive 11 out
of the possible 15
points)
• Includes a comprehensive outreach and engagement strategy including case management and service coordination for
people currently residing in the encampment.
• Details identified interim shelter and permanent housing options and includes a description of how many individuals are projected to be served with each interim and permanent
housing solution.
• Includes compelling evidence of an applicant’s demonstrated ability and commitment to deliver permanent housing for people residing in the prioritized encampment. Compelling evidence may include identification, availability, and
prioritization of permanent housing resources.
• Describes how the proposed service delivery model is tailored to meet the needs and preferences of the people residing in the encampment site.
• Uses data and input from people with lived experience of homelessness to inform housing and service needs,
preferences, and the availability of resources to meet those needs and preferences.
• D etails strategies likely to prevent displacement from the prioritized encampment to another unsheltered location and prevent returns to unsheltered homelessness.
• Details operable plans to support individuals with the storage of their property and care of their pets.

Budget and
Resource Plan
(Must receive 10 out
of the possible 15
points)
• Demonstrates a sustainable, prudent, and effective use of requested funding.

• B udget aligns with achieving the proposal's outcomes, services and housing options, and number of people served.
• Identifies non-ERF-2-R resources that will be leveraged to Redlands Regular Meeting of 02-06-24
137 of 857

13 support proposal implementation including coordination of resources from other systems that would increase services and housing options.

Key Entities and
Staff
(Must receive 10 out
of the possible 15
points)
• I ncludes a detailed description of the lead entity that will oversee the implementation of activities in the proposal. Describe lead entity’s mission, goals, values, geographic service area and existing efforts related to serving persons living in
encampments.
• Demonstrates the ability to recruit and deploy personnel with experience and expertise needed to support the success of the proposal.
• Demonstrates commitment to cross-systems collaboration with descriptions of key contributions of each organization and local community partners including their experience and expertise in serving persons experiencing unsheltered homelessness with a range of service needs.
• Demonstrates collaboration between Local Jurisdiction(s) and the CoC for this proposal.
• Demonstrates capacity to carry out the proposal.
• I dentifies
the primary parties with rights to and / or control of the property upon which the encampment resides and their shared understanding of and commitment to the implementation of the proposal.
• If the encampment is on a state right-of-way, the proposal describes how the applicant collaborated with Caltrans on their program design, implementation plan, and projected timeline.

Accelerated
Timeline
(Must receive 10 out
of the possible 15
points)
• D emonstrates how the community will act urgently and efficiently while prioritizing the dignity, safety and wellness of people experiencing homelessness within the encampment site. • Demonstrates likelihood of meeting proposal milestones and objectives.

C. Award
After each application window has closed and all applications received during the window have been reviewed and scored, a Notice of Intent to Award shall be posted on the Cal ICH website and shall be sent by email to the proposed awardees.

Once awards have been determined by Cal ICH, a contract packet including the Standard Agreement and Request for Funds Form (RFF) form will be prepared and sent to the grantee. The grantee will return the signed Standard Agreement and RFF. Funds will be disbursed to the grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller’s Office (SCO). The RFF must include the total amount of funds Redlands Regular Meeting of 02-06-24
138 of 857

14 proposed for expenditure. Grant funds will be disbursed via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.

Applications that are denied funding will be provided Evaluation Panel feedback.

Applicants are encouraged to incorporate this feedback and reapply in the next Application Window. Projects on state right-of-ways will be prioritized in this feedback process.

D. Appeals
Pursuant to HSC Section 50251(c)(1), Cal ICH’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final and is not subject to appeal.

VII. PERF ORMANCE AND REPORTING

A. Performance
Performance shall start no later than 30 days, or on the express date set by Cal ICH and the grantees, after all approvals have been obtained and the Standard Agreement is fully executed. Should the grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

ERF-2-R funds not expended by the 6/30/26 deadline shall be returned to Cal ICH and will revert to the fund of origin.

B. Reporting
The grantee shall submit quarterly reports to Cal ICH with fiscal and programmatic data reflecting the progress of their ERF program in a format provided by Cal ICH. These quarterly reports will include an anonymized person served list illustrating the housing outcomes of each person served by the grantee’s ERF program. Grantees may also receive ad hoc requests for information from Cal ICH or its contractors in support of program monitoring, research, and evaluation. Grantees with projects on state right-of- ways may also be required to provide programmatic data to Caltrans.

At the end of the grant period, or upon request by Cal ICH, all grantees shall provide information and products developed with grant funds on service delivery models including any materials that may be necessary to study the program or replicate it for implementation across the state.

Redlands Regular Meeting of 02-06-24
139 of 857

15 VIII. ADDENDUM 1: Q&A
STATE OF CALIFORNIA – BUSINESS CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS
Encampment Resolution Funding Program, Round 2 (ERF-2-R) 801 Capitol Mall
Suite 601
Sacramento, CA 95814
(916) 651-2895
https://bcsh.ca.gov/calich
January 18, 2023
Encampment Resolution Funding Program, Round 2 (ERF-2-R) Questions and Answers
ADDENDUM #1
To all Prospective Applicants:

The following questions were submitted by email or asked during the Applicant’s Conference on January 5, 2023. The answers that follow are part of the Notice of Funding Availability (NOFA) referenced above and serve as an addendum to the information originally published on Thursday, December 1, 2022.

The answers below provide general direction in direct response to questions submitted for this NOFA and are given without consideration for impact to an applicant’s score. Please reference the NOFA for the potential impact on scoring of the applications.

Questions
Application Eligibility and Requirements

1. Can Local Jurisdictions or CoCs that already received ERF awards apply for ERF-2-R? Does prior award affect the likelihood of award of ERF-2-R funds?

Answer: Yes, ERF-1 and ERF-2-L Grantees are eligible to apply for ERF-2-R funding. Prior awards do not affect the likelihood of receiving an award for ERF-2-R funding.

2. If we can’t begin implementation of our proposed ERF project until late summer or early fall of 2023, which window should we apply in?

Answer: Generally, the award process (including contract execution) takes approximately three to five months from the close of the application period. While grantees are expected to begin implementing their ERF project within 30 days after receiving funding, they will have the opportunity to explain their project timeline in their application and request an extension if necessary.

3. What is the definition of encampment for this Program?

Answer: Generally, it is up to an eligible jurisdiction to describe the prioritized encampment.

While no explicit definition is provided in statute, available HUD resources (see resources and guidance below) frequently refer to people staying in temporary structures that are not intended for long-term, continuous occupancy on an ongoing basis. Furthermore, you’ll find the Redlands Regular Meeting of 02-06-24
140 of 857

16 NOFA focuses on the people experiencing unsheltered homelessness in encampments (See Section I.A. “ERF-2-R Objective” and Section I.E “Eligible Population to Serve”).

HUD Resources: Understanding Encampments of People Experiencing Homelessness and Community Responses, Emerging Evidence as of Late 2018 (huduser.gov) An encampment typically includes the following:
• A group of people sleeping outside in the same location for a sustained period. • The presence of some type of physical structures (e.g., tents, tarps, lean-tos). • The presence of personal belongings (e.g., coolers, bicycles, mattresses, clothes). • The existence of social support or a sense of community for residents.

Unsheltered Homelessness and Homeless Encampments in 2019 (huduser.gov)

4. Is there a minimum size requirement for how many people must currently reside within an encampment?

Answer: No, there is no minimum size requirement in this round of funding.

5. How many applications should a jurisdiction submit when considering a project which serves multiple encampments?

Answer: If multiple encampments are connected by way of the same needs, resources, services, housing strategies, etc., we encourage a single application which provides clear, strategic, and compelling evidence that supports serving the identified encampments as a larger local project. On the other hand, if the sites are too dissimilar in scope, need, geography, and/or services and housing strategies, it may be more appropriate to submit separate applications.

6. Is there a limit on how many applications an eligible jurisdiction can submit?

Answer: There is no limit on the number of applications an eligible jurisdiction may submit.

Please see the response to the previous question #5 for considerations of when jurisdictions may want to complete separate applications. Additionally, each funded ERF project will have separate reporting requirements and contracts with Cal ICH. Applicants that are denied may also improve their program design and reapply during a subsequent application window.

7. Can an eligible applicant apply more than once for two different encampments?

Answer: Yes; however, if multiple encampments are connected by way of the same needs, resources, services, housing strategies, etc., we encourage a single application which provides clear, strategic, and compelling evidence that supports serving the identified encampments as a larger local project. On the other hand, if the sites are too dissimilar in scope, need, geography, and/or services and housing strategies, it may be more appropriate to submit separate applications.

8. Can an eligible applicant submit a new application in each application window?

Answer: Yes.

9. Can one application cover two or more non-contiguous areas?

Answer: Yes, if multiple encampments are connected by way of the same needs, resources, Redlands Regular Meeting of 02-06-24
141 of 857

17 services, housing strategies, etc., we encourage a single application which provides clear, strategic, and compelling evidence that supports serving the identified encampments as a larger local project. On the other hand, if the sites are too dissimilar in scope, need, geography, and/or services and housing strategies, it may be more appropriate to submit separate applications.

10. Will ERF-2-R fund “scatter site” encampments or smaller, scattered, unhoused populations?

Answer: Generally, it is up to an eligible jurisdiction to describe the prioritized encampment.

Please see question #3 above for HUD guidance on what constutes an encampment.

If multiple encampments are connected by way of the same needs, resources, services, housing strategies, etc., we encourage a single application which provides clear, strategic, and compelling evidence that supports serving the identified encampments as a larger local project. On the other hand, if the sites are too dissimilar in scope, need, geography, and/or services and housing strategies, it may be more appropriate to submit separate applications.

Finally, Cal ICH expects an applicant to describe a current, existing encampment site and to describe the people residing there, their needs, and the proposal to serve, shelter, and house those people. Furthermore, it takes approximately two months for Cal ICH to review applications and make award determinations and another three months to execute a contract and disburse funds. Therefore, sites that are regularly disbanded may not be well-suited to this grant and its timeline. The one exception is for “high return probable” sites on State right-of- ways. CalTrans has identified “high return probable” sites as designated by the local Caltrans Districts are considered the highest priority for the Department to support.

11. Is there a maximum amount of funding jurisdictions can apply for?

Answer: No, there is no limit on the amount of funding that a Jurisdiction can request; however, Cal ICH encourages eligible Jurisdictions to provide compelling justification for a large ask. We intend to award a variety of projects as directed by Statute and in alignment with the Program’s objectives.

12. Would a single application for funding submitted by Jurisdiction A to serve a project that crosses over into Jurisdiction B but is not part of Jurisdiction B’s own application be viable?

Answer: Yes, Cal ICH would consider such an application viable, provided the applicant provides evidence of communication and collaboration with their neighboring and/or overlapping jurisdiction(s). Cal ICH will not accept multiple applications for the same encampment, so if an encampment crosses over multiple jurisdictions, these jurisdictions must collaborate and determine who will apply as lead agency over the proposed ERF project.

13. Would Cal ICH support ERF projects dedicated towards encampment management only (e.g., ensuring safety and habitability) to assist those within the encampment?

Answer: Cal ICH will fund projects that create pathways to or directly connect people to permanent housing. While encampment management services are eligible activities under ERF, in order to be fundable, the project must also include both interim and permanent housing solutions.

Redlands Regular Meeting of 02-06-24
142 of 857

18 14. Can tribes apply independently for ERF-2-R funding?

Answer: No. Per statute, ERF-2-R eligible applicants include Local Jurisdictions (Counties and Cities of any size) and Continuums of Care; however, tribes and local jurisdictions are encouraged to collaborate and partner whenever possible. Federally Recognized Tribes are encouraged to apply for Tribal HHAP funding, which is flexible in nature and may be used to address unsheltered homelessness in tribal communities.

15. Are other types of crisis intervention programs allowed, such as slope paving to bridge abutment and fencing to deter encampments in close proximity to traffic?

Answer: Cal ICH authorizes crisis intervention programs under the condition that all associated activities engaged in improve the safety of people residing in encampments as they are being served and navigated towards placement in permanent housing. We encourage eligible applicants looking to deter encamping in close proximity to traffic or dangerous conditions to work with Caltrans to fund these efforts. You may reach out to your local Caltrans Encampment Coordinator for more information on available resources.

16. When will Cal ICH begin reviewing applications?

Answer: Cal ICH will officially begin ERF-2-R application reviews March 1, 2023, after the Window 1 application deadline, February 28, 2023. Please see the Diagram illustrating the Application Window and Review timelines on page 5 of this NOFA.

17. Is the Program reimbursement-based?

Answer: No, the ERF-2-R Program is not reimbursement-based. All awardees will receive a check accounting for their total allocation amount upfront.

18. Can several jurisdictions submit a joint application for funding to fund a singular emergency shelter/navigation center?

Answer: Yes; however, proposals should demonstrate how expenditures will directly support a service and housing pathway for the people proposed to be served. Wherever possible, applicants should leverage funds from other Local, State, Federal, and/or Private sources and demonstrate sustainability.

19. Do character limits within the application include spaces?

Answer: Yes.

20. Does Cal ICH award partial funding, or decline funding a proposal in its entirety?

Answer: For the purposes of this Program, Cal ICH will not award partial funding for an application which partially meets the minimum scoring thresholds.

21. To what level of depth should an applicant identify leveraged funding? For example, should the applicant describe services, or should they list all leveraged dollar amounts for permanent supportive housing that clients will transition into?

Redlands Regular Meeting of 02-06-24
143 of 857

19 Answer: In Part 3 of the application (Core Service Delivery and Housing Strategies), eligible applicants should identify and describe the interim shelter and permanent housing resources proposed to support the proposal. In Part 3 (Budget and Resource Plan) applicants are encouraged to provide enough detail around their Budget and Resource plan to convey an effective and sufficient amount of information within the confines of the respective 1000- character limit to describe the non-ERF-2-R resources supporting the proposal and explain how their proposal is an effective use of ERF-2-R funds. The required standardized budget will provide a space for eligible applicants to list key funding sources (and associated dollar amounts, ERF and leveraged) which will be used to support implementation of their proposed ERF-2-R projects.

22. Given the 6/30/2026 deadline to expend funds, are Grantees allowed to continue their ERF projects through 6/30/2026 as long as funds are obligated by 6/30/2024?

Answer: Yes, Grantees are expected to obligate 100% of ERF-2-R funds by 6/30/2024 and expend all funds by 6/30/2026.

23. If a jurisdiction intends to subcontract with non-profits to provide services, does the admin cost maximum apply to the admin cost of the applicant with whom the ERF contract is entered into, or does it extend to the subcontractors as well?
Answer: For the purposes of this Program, “administrative costs” do not include staff or other costs directly related to implementing activities funded by the Program allocation. It is permissible to include indirect costs in subrecipient budgets, but we recommend that they align with the limit set for Grant Administration of 5%. However, Indirect/Administrative Costs will not be counted toward the 5% cap for grant administration outlined in statute because their purpose is still to support the program rather than administer the grant.

24. Is there any guidance on how a jurisdiction can obligate funds if the jurisdictions that administer the services do so internally rather than contracting with a provider?

Answer: “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF-2-R funding. A “similar transaction” as mentioned would include any internal budgets, MOU’s, or estimates for planned purchases/ services. These documents should convey internal costs and budgets, which meet the definition of “obligated”. Grantees, and the subrecipients who receive awards from those Grantees, must obligate 100% of the funds by the statutory deadline of 6/30/2024.

25. How can eligible jurisdictions ensure that individuals being served are offered housing given the long wait for others who are already in the queue?

Answer: Grantees are encouraged to tap into all available housing, including Homekey projects, vouchers, and any units available through the Coordinated Entry System. Additionally, we encourage jurisdictions to consider costs associated with creating additional units needed to address and prioritize this most vulnerable population.

26. How are obligated and expended defined? If funds are committed, are they considered expended?

Answer: “Obligate” means that the Grantee has placed orders, awarded contracts, received Redlands Regular Meeting of 02-06-24
144 of 857

20 services, or entered into similar transactions that require payment using ERF-2-R funding.

Grantees, and the subrecipients who receive awards from those Grantees, must obligate 100% of the funds by the statutory deadline of 6/30/2024.

“Expend” means all ERF-2-R funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.

27. Are all applications submitted within a singular application window prior to the deadline on equal footing, or are applications reviewed and scored in the order they were submitted?

Answer: Yes, all applications submitted within a singular application window prior to the deadline are on equal footing and are reviewed together, with the exception of projects on State right-of-ways, which will be prioritized.

28. If an ERF-1 or ERF-2-L Grantee’s ERF project continues to expand in size due to inflow into the encampment, can the Grantee apply for additional funds to serve individuals at the same ERF site?

Answer: Yes, in addition to being eligible to apply for ERF-2-R funding, an ERF-1 or ERF-2-L Grantee may apply for additional funds to serve individuals at their ERF encampment site under the circumstances described above.

29. Does an eligible applicant’s local governing board need to enact a resolution as part of their application for ERF-2-R?

Answer: Cal ICH does not require a resolution by a local governing board in order to apply for or accept ERF-2-R funding. If awarded, the ERF-2-R contract must be signed by an official authorized to contract on behalf of the eligible applicant (authorized official).

30. Who should the Authorized Representative be?

Answer: The Authorized Representative should be the individual with authority to contract on behalf of the awardee.

State Right-of-W
ay Projects

31. How do I collaborate with Caltrans if I would like to apply to serve an encampment on a State right-of-way?

Answer: Caltrans has a new division of Homelessness and Encampments Department under the Maintenance Division of Caltrans. The Department’s main goal is to keep people experiencing homelessness from sheltering on the State right-of-way.

Applicants should reach out to the local Caltrans District Encampment Coordinator. This coordinator is responsible for engaging partners to help connect people experiencing homelessness with available shelter and other services and will serve as the primary point of contact.

Redlands Regular Meeting of 02-06-24
145 of 857

21 32. The ERF NOFA indicates that projects entirely or partially on a state right-of-way should have a letter of support signed by the Deputy District Director of Maintenance for the local Caltrans District. How do I get this support letter?

Answer: For proposals on state right-of-way, applicants must describe how they collaborated with Caltrans on their program design, implementation plans, and projected timeline.

Applicants should be working with the local Caltrans District Encampment Coordinator to develop proposals. The Encampment Coordinator can facilitate getting a letter of support from the Deputy Director of Maintenance.

33. How does an eligible jurisdiction determine if an encampment is part of a State right-of-way?

Answer: Pursuant to Health and Safety Code Section 50250(I), “State right-of-way” means any real property, or interests therein, used for rights of way of any highway in California including all traversable highways which have been adopted or designated as state highways and includes all, or any part, of the entire width of the right-of-way of a state highway, whether or not the entire area is actually used for highway purposes.

If an applicant needs assistance determining whether a site is on a State right-of-way, they should contact their local Encampment Coordinator.

34. Caltrans has a number of sites where they have removed encampments but that are quickly repopulated by people experiencing homelessness who did not move to more suitable shelter following their displacement from the encampment on the state right-of-way. The area may or may not have people currently occupying the site, but they are likely to return. Can our proposal include areas like this for consideration of an ERF grant?

Answer: Yes, ERF-2-R prioritizes proposals from local jurisdictions that address encampments on state right-of-way and that meet priority criteria established by Cal ICH in consultation with the Department of Transportation. These sites include areas that may not currently have individuals sheltering there at the time of the application, but that are located on “high return probable sites” as designated by the local Caltrans Deputy District Director of Maintenance or their designee.

35. What types of projects is Caltrans most interested in supporting?

Answer: Caltrans is interested in helping people experiencing homelessness who frequently shelter on the state right-of-way connect with service providers and transition to safer and more stable shelter and ultimately permanent housing. The department’s main goal is to keep people experiencing homelessness from sheltering on the state right-of-way. Projects that target “high return probable sites” as designated by the local Caltrans District are considered the highest priority for the Department to support. Other proposals that will help deliver immediate emergency shelter capacity and a path to permanent housing, and that result in fewer encampments on our highways will likely be supported by the Department. These projects could include safe camping/safe parking proposals, tiny home projects, navigation centers and other emergency capacity building projects. Funding for street outreach and marketing materials to support these efforts are also considered positive proposal attributes by the Department.

Redlands Regular Meeting of 02-06-24
146 of 857
22 36. What about projects that propose utilizing Caltrans property to locate temporary emergency facilities
for providing shelter to people experiencing homelessness? Answer:

Yes! Governor Newsom issued Executive Order N-23 -20 to immediately and urgently provide state government assets to provide shelter and housing for those who are homeless, including state excess land. Please reach out to your local Caltrans Encampment Coordinator to identify
any parcels of state land that jurisdictions could use to help provide emergency shelter.

37. If an encampment is located on a state right-of -way, do applicants have to wait until the third application window to apply?
Answer: No. Local jurisdictions may apply during any application window. CoCs may also apply to serve an encampment on a State right-of-way but must submit a Letter of Local Acknowledgement if applying before May 1, 2023.

Please note, if an encampment is not on a state-right -of way, any eligible applicant may apply to serve that encampment during any application window.

38. In order to address state right-of -way encampments and city-wide encampments, can an eligible applicant apply for a city-wide program?
Answer: Generally, and for the purposes of this Program, no. However, if a small City provides j
ustification for serving multiple encampments, including a clear demonstration that they are connected by way of the same needs, resources, services, housing strategies, etc., such an application may
be eligible for ERF-2-R funding.

39. Is an encampment located next to a highway, but on a city-owned property (e.g., rest area, bathroom) eligible to be served by ERF-2-R Program funds? Answer: Yes, this encampment is eligible to be served by ERF-2-R f unds. We recommend reaching out
to your local Caltrans Encampment Coordinator to determine whether this encampment is on a State right-of-way, as this will determine required application attachments and influence prioritization.

40. Do encampments need to be contiguous, or could it focus on Caltrans corridors? Answer:

If multiple encampments located on Caltrans State right-of -way are connected by way of
the same needs, resources, services, housing strategies, etc., we encourage a single applicati
on which provides clear, strategic, and compelling evidence that supports serving the identified encampments as a larger local project. On the other hand, if the sites are too dissimilar
in scope, need, geography, and/or services and housing strategies, it may be more appropriate
to submit separate applications.

41. If an eligible jurisdiction does not currently have an encampment outreach coordinator, who should they reach out to?
Answer:

Please reach out to Caltrans Statewide Homelessness and Encampment Coordinator, Warren Alford, at [email protected] for further assistance.

42. Is there a Caltrans map that outlines Caltrans service areas? Answer:

This Caltrans District Map will help you identify which Caltrans District covers your community. This information will help you identify which local Caltrans Encampment Redlands Regular Meeting of 02-06-24
147 of 857

23 Coordinator to reach out to. We encourage you to reach out to your local Caltrans Encampment Coordinator for help determining whether an encampment is partially or fully located on a State right-of-way.

43. Are buffer areas and vacant parcels owned by Union Pacific Railroad considered State right- of-way sites?
Answer: We recommend contacting your local Caltrans District Coordinator for help determining whether the described sites are considered to be partially or fully located on a State right-of-way.

Eligible Uses

44. Are capital development costs, improvements to existing shelters, and operating subsidies for Homekey Programs eligible uses of Program dollars?

Answer: Yes, Cal ICH considers these costs eligible uses of ERF-2-R funds. However, we encourage eligible applicants to consider the brevity of the ERF Program when developing proposals for the use of these funds. Furthermore, proposals should demonstrate how expenditures will directly support a service and housing pathway for the people proposed to be served. Wherever possible, applicants should leverage funds from other Local, State, Federal, and/or Private sources and demonstrate sustainability.

45. When are operating reserves considered expended? Is there any other guidance around operating reserves that an applicant should know?

Answer: Operating reserves are considered expended upon deposit in the reserve account. .

Proposals should demonstrate how expenditures will directly support a service and housing pathway for the people proposed to be served (See question #43).

Operating reserves should follow local policies and procedures. Funds may remain in the operating reserves account past the ERF-2-R expenditure date as the purpose of operating reserves is to provide a long-term (usually 10, 15, 20 years) reserve.

Additionally, Cal ICH recommends that funding set aside for operating reserves be kept in an interest-bearing account. Money accrued from those accounts must be used for ERF-2-R eligible activities and reported on as required by Agency.

46. Does funding allow for multi-year projects like leasing a motel for a couple of years to focus on Caltrans properties first, then continuing to use funding for other encampments as clients transition into permanent housing?

Answer: Yes, provided all people served were experiencing unsheltered homelessness in encampments. We also encourage you to braid other leveraged resources when considering these proposals and any associated costs.

47. Are preventative services an eligible use of ERF dollars?

Answer: Yes, preventative services may be an eligible use of Program dollars when serving people who have been housed through the ERF Program so that they can maintain housing Redlands Regular Meeting of 02-06-24
148 of 857

24 stability.

Best Practices

48. Do ERF projects have to work through the local Coordinated Entry System?

Answer: Communities should plan their ERF Program as an enhancement and expansion to the local homelessness crisis response system, not as a stand-alone program. Communities should work with their local Continuum of Care to identify how encampment residents can be best prioritized and served through their coordinated entry system.

49. Are there any resources around best practices for addressing unsheltered homelessness that my community can review as we design our ERF program?

Answer: The United States Interagency Council on Homelessness (USICH) has outlined Seven Principles For Addressing Encampments t hat can act as a roadmap for communities as they plan their program design. Communities can also refer to USICH’s Planning Checklist t o shape the design of their interventions.

50. W
hat is the relationship between harm reduction and Housing First? Are there specific harm reduction practices that my community must include in their ERF project, such as needle exchange programs?
Answer: Harm reduction is an important part of the Housing First model as it is based on principles of self-determination and individual choice. Harm reduction can include a wide array of services to protect people from harm while using substances, such as needle exchanges, OD prevention services, safe injection sites, vaccine outreach and education, and mental wellness and healing support programs. While all communities are required to follow the Housing First modal, and harm reduction services can play an important role in saving lives, no specific harm reduction services are required under the ERF program.

Redlands Regular Meeting of 02-06-24
149 of 857
Redlands Regular Meeting of 02-06-24
150 of 857
Redlands Regular Meeting of 02-06-24
151 of 857
Redlands Regular Meeting of 02-06-24
152 of 857
Redlands Regular Meeting of 02-06-24
153 of 857
Redlands Regular Meeting of 02-06-24
154 of 857
Redlands Regular Meeting of 02-06-24
155 of 857
Redlands Regular Meeting of 02-06-24
156 of 857
Redlands Regular Meeting of 02-06-24
157 of 857
Redlands Regular Meeting of 02-06-24
158 of 857
Redlands Regular Meeting of 02-06-24
159 of 857
Redlands Regular Meeting of 02-06-24
160 of 857
Redlands Regular Meeting of 02-06-24
161 of 857
Redlands Regular Meeting of 02-06-24
162 of 857
Redlands Regular Meeting of 02-06-24
163 of 857
Redlands Regular Meeting of 02-06-24
164 of 857
Redlands Regular Meeting of 02-06-24
165 of 857
Redlands Regular Meeting of 02-06-24
166 of 857
Redlands Regular Meeting of 02-06-24
167 of 857
Redlands Regular Meeting of 02-06-24
168 of 857
Redlands Regular Meeting of 02-06-24
169 of 857
Redlands Regular Meeting of 02-06-24
170 of 857
Redlands Regular Meeting of 02-06-24
171 of 857
Redlands Regular Meeting of 02-06-24
172 of 857
Redlands Regular Meeting of 02-06-24
173 of 857
Redlands Regular Meeting of 02-06-24
174 of 857
Redlands Regular Meeting of 02-06-24
175 of 857
Redlands Regular Meeting of 02-06-24
176 of 857
City Council Meeting I. 9.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a $51,684.08 sole source purchase from Thermo Fisher Scientific, LLC for laboratory equipment (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move City Council approval of a $51,684.08 sole source purchase from Thermo Fisher Scientific, LLC for laboratory equipment.

RECOMMENDATION:

Staff recommends City Council approval of a $51,684.08 sole source purchase from Thermo Fisher Scientific, LLC for laboratory equipment and installation.

DISCUSSION:

State and federal regulatory agencies continue to mandate increasingly comprehensive accountability from utility providers by requiring water and wastewater sampling, testing, and analysis with the goal of identifying and mitigating the presence of emerging contaminants. Consequently, third-party laboratory support services from reliable providers is becoming difficult to secure. The Joint Utilities Laboratory (JUL) has adapted by performing more of these services in-house. The JUL must now acquire a discrete analyzer to perform testing and analysis of several analytes.

Thermo Fisher Scientific manufactures and is the sole U.S. distributor and service provider for the Gallery Aqua Master discrete analyzer. This equipment analyzes thirty-four (34) analytes, eighteen (18) of which the JUL will test and analyze in-house in lieu of relying on a third-party laboratory services provider.

This will ensure the City's water and wastewater utilities remain compliant with Redlands Regular Meeting of 02-06-24
177 of 857
This will ensure the City's water and wastewater utilities remain compliant with regulatory agency standards and will reduce third-party laboratory services provider costs by approximately $4,000 annually.

This equipment is unique because it is able to perform up to 200 tests per hour with minimal sampling and reagent consumption, which will reduce operating costs for the JUL by reducing hazardous waste byproducts. Thermo Fisher Scientific, LLC is also contracted to service and maintain other JUL equipment.

Purchasing a discrete analyzer from another manufacturer would require a separate service and maintenance contract with that provider. Therefore, staff recommends City Council approval of a $51,684.08 sole source purchase from Thermo Fisher Scientific, LLC for this laboratory equipment. The purchase price also includes installation and JUL staff training.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

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

Jungjoon Park, Laboratory Manager
Fiscal Impact
Fiscal Year: FY 23/24
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $46,405
Budgeted Y/N: Y
Account No.: 521900
Redlands Regular Meeting of 02-06-24
178 of 857
Discussion:

There is no fiscal impact associated with this action. Funding for this purchase is included in the FY 23/24 MUED Wastewater Service Budget (521900).

Fiscal Year: FY 23/24
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $5,280
Budgeted Y/N: Y
Account No.: 501900
Discussion:

There is no fiscal impact associated with this action. Funding for this purchase is included in the FY 23/24 MUED Water Service Budget (501900) Attachments
Laboratory Equipment Quote
Sole Source Form
Redlands Regular Meeting of 02-06-24
179 of 857
Customer Info:

Sales Contact Info:

Customer Name:

Jung Park

Contact Name: Simon Sheng

Company Name:

City of Redlands

Phone: 408-218-3348

Address:

1950 Nevada Street
Redlands Calif
ornia 92374
United States

Email:
shijun.sheng@ther
mofisher.com

Phone:

Email: [email protected]

Gallery Aqua Master Discrete Analyzer

Item

Description

Unit Price

Qty

Unit Discount

Disc %

Total Price

1.1 MG98610005-1

$48,800.00 1 $14,640.00 30.00 $34,160.00

Gallery Aqua Master

1.2 MG981704

$224.00 1 $0.00 0.0 $224.00

IQ Kit - Dispensing

1.4 MG9860121

$3,360.00 1 $672.00 20.00 $2,688.00

PC Acc. (Touch, BCR, US cord, US Keyb.)

1.5 702-028402

$6,600.00 1 $1,320.00 20.00 $5,280.00

2 DAYS DIA ONSITE SUPPORT

1.3 MG986100

$764.00 1 $0.00 0.0 $764.00

Start-up kit

Quote Subtotal:

$59,748.00

Promotions / Discounts:

- $16,632.00

Quote total less discounts:

$43,116.00

Shipping:

$2,657.00

Surcharge:

$2,391.20

Tax:

$3,519.88

Quotation Totals:

$51,684.08

Sales Quotation

Quote Number

Version

Quotation Date

Page

Thermo Electron North America LLC
5225 V
erona Road
Madison WI 53711
1400 Northpoint Parkway
West Palm Beach FL 33407

CPQ-00634528

1.00 December 12, 2023

1 Lead Time

Payment Terms

Freight Terms

Expiration Date

6-8 weeks

NET 30 DAYS UPON
INV

OICE DATE

Origin - Prepay And
Add

March 10, 2024

Company Name

Customer Name

City of Redlands

Jung Park

* See end pages of quote for PO Submission details

Thermo Electron North America LLC

Redlands Regular Meeting of 02-06-24
180 of 857

Taxes are estimated and are to be confirmed upon or at the time of purchase.

Please see belo
w for monthly payment options and contact [email protected] or call (800) 986-9731 e xt. 7 for more information. Please note: Payments are estimates only and availability of lease financing is subject to credit approval and acceptance of terms.

Terms and interest rates may vary based on customer's financial profile.

Leasing estimate is based on a total cost of $51,684.08; y ou may choose from the monthly payment options below:

Lease Term (months)

24 36

48 60

Fair Market Value Purchase Option:

$1,913.86

$1,413.56

$1,044.02

$895.69

$1.00 Purchase Option:

$2,258.08

$1,542.77

$1,183.57

$971.14

Number of Advance Payments:

1 1

Choosing the Lease that Best Meets Y our Needs:

Fair Market Value (FMV) Purchase Option

The intent of this lease is not to own but to gain the benefits of the equipment in exchange for a low monthly payment. Y our End-of-Lease Options are: contin
ue to lease the equipment, purchase a fair market value or return/upgrade the equipment.

$1.00 Purchase Option

This is a lease-to-own option where you would own the equipment after all monthly payments have been made. It is similar to a finance ag
reement and provides you a defined payment schedule over the lease term.

Options / Recommendations
Item

Description

Unit Price

Qty

Unit Discount

Disc %

Total Price

1.6 701-061156

$2,921.00 1 $0.00 0.0 $2,921.00

Fac War PM - Gallery with Filter Sets

• Annual standard Preventive Maintenance visit and a standard Preventive Maintenance Kit

Options Total: $2,921.00
Sales Quotation

Quote Number

Version

Quotation Date

Page

Thermo Electron North America LLC
5225 V
erona Road
Madison WI 53711
1400 Northpoint Parkway
West Palm Beach FL 33407

CPQ-00634528

1.00 December 12, 2023

2 Lead Time

Payment Terms

Freight Terms

Expiration Date

6-8 weeks

NET 30 DAYS UPON
INV

OICE DATE

Origin - Prepay And
Add

March 10, 2024

Company Name

Customer Name

City of Redlands

Jung Park

* See end pages of quote for PO Submission details

Thermo Electron North America LLC

Redlands Regular Meeting of 02-06-24
181 of 857
To place your order and expedite shipment, please 1) sign and date the last page of this document; and 2) fax or e-mail it along with y
our Purchase Order to one of the addresses below.

Please note-all Purchase Orders must show the vendor name of Thermo Electron North America LLC Thermo Electron North America LLC

Thermo Electron North America LLC

5225 Verona Road
Madison WI 53711

1400 Northpoint Parkway
W
est Palm Beach FL 33407

Complete System Orders:

Parts or Service Orders:

Fax: 412-200-6542

Fax: 877-680-2565

e-mail: [email protected]

Notes:
• Items mar
ked with an asterisk (*) on the face of the quotation are non-Thermo Electron North America LLC products. • Prices, warranty, installation and service on the items quoted herein are available only in the United States and may not be otherwise assigned.
• Tax exemption certificates or direct pay permits must be provided with the order documents, if applicable. If tax exemption documentation is not provided, buyer shall pay federal, state and local taxes in addition to the price stated on this quotation. • Buyer shall not export or re-export technical data or products supplied by Thermo Electron North America LLC in violation of applicable export regulation. Buyer who exports products purchased hereunder assumes all responsibility for obtaining required export documentation, authorization, and payment of all applicable fees. • All prices are quoted in USD
Purchase Order - Submission Details

Quote Number

Version

Quotation Date

Page

Thermo Electron North America LLC
5225 V
erona Road
Madison WI 53711
1400 Northpoint Parkway
West Palm Beach FL 33407

CPQ-00634528

1.00 December 12, 2023

3 Lead Time

Payment Terms

Expiration Date

6-8 weeks

NET 30 DAYS UPON INVOICE DATE

March 10, 2024

Inco Terms 1

Inco Terms 2

Shipping Method

Origin - Prepay And
Add

Fed Ex Ground

See below

Thermo Electron North America LLC

Redlands Regular Meeting of 02-06-24
182 of 857

TERMS AND CONDITIONS OF SALE FOR PR ODUCTS AND SERVICES

This quotation, and Seller's Terms and Conditions of Sale for Products and Services (which are hereby incorporated by reference into this quotation and any resulting contract), set out the terms on which Seller is offering to sell the product(s) and/or service(s) listed in this quotation. By issuing a purchase order or otherwise ordering or accepting product(s) and/or services, Buyer expressly confirms that it agrees to be bound by and agrees to the terms of this quotation and the Terms and Conditions of Sale for Products and Services to the exclusion of all other terms not expressly agreed to in writing by an authorized representative of Seller, and that the purchase and sale transaction between Buyer and Seller is governed by this quotation and Terms and Conditions of Sale for Products and Services. Any new or different provisions contained in any document issued by Buyer in response to this offer are expressly rejected. Seller's Terms and Conditions of Sale for Products and Services can be found on the Thermo Fisher Scientific website at
www.thermofisher.com/terms-tena and will be sent to Buy er via mail or e-mail upon request. The Terms and Conditions of Sale for Products and Services are subject to change by Seller, from time to time.

As an Authorized representative of the Buyer, your signature below creates an agreement to buy the products and services listed herein and your acceptance of the Seller's Standard Terms and Conditions of Sale included herein as the sole and exclusive terms for your purchase.

BUYER

SELLER

By:

Print Name:

Print Title:

Date:

_____ Initial here to indicate Buyer’s agreement to automatically apply Seller's Standard Terms and Conditions of Sale for Products and Ser
vices to all future orders of Products and Services from Seller, whether or not the Agreement is referenced on Seller’s quote or Buyer’s Purchase Orders, for _______ (write # of years) from later date of the parties’ signature, or until either party provides written notice that this Agreement is terminated.

Purchase Order - Submission Details

Quote Number

Version

Quotation Date

Page

Thermo Electron North America LLC
5225 V
erona Road
Madison WI 53711
1400 Northpoint Parkway
West Palm Beach FL 33407

CPQ-00634528

1.00 December 12, 2023

4 Lead Time

Payment Terms

Expiration Date

6-8 weeks

NET 30 DAYS UPON INVOICE DATE

March 10, 2024

Inco Terms 1

Inco Terms 2

Shipping Method

Origin - Prepay And
Add

Fed Ex Ground

See below

Thermo Electron North America LLC

Redlands Regular Meeting of 02-06-24
183 of 857
Redlands Regular Meeting of 02-06-24
184 of 857
Redlands Regular Meeting of 02-06-24
185 of 857
Redlands Regular Meeting of 02-06-24
186 of 857
Redlands Regular Meeting of 02-06-24
187 of 857
City Council Meeting I. 10.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Non-Professional Services Agreement with R&J Construction LLC for the Wastewater Control Building Remodel Project, in an amount not to exceed $70,000 and determine that this project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council determine that approval of the Non-Professional Services Agreement with R&J Construction LLC is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and I move that City Council approve a Non-Professional Services Agreement with R&J Construction LLC, in an amount not to exceed $70,000 for the Wastewater Control Building Remodel Project.

RECOMMENDATION:

Staff recommends that City Council determine that approval of a Non-Professional Services Agreement with R&J Construction LLC is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of a Non-Professional Services Agreement with R&J Construction LLC in an amount not to exceed $70,000 for the Wastewater Control Building Remodel Project.

Redlands Regular Meeting of 02-06-24
188 of 857
DISCUSSION:

The Wastewater Treatment Plant (WWTP) operations control building serves as the hub for our Supervisory Control and Data Acquisition System (SCADA) and provides shared office space for eight (8) WWTP Operators. The existing floorplan was not revised as the WWTP staff expanded in the past and does not provide an efficient workspace for WWTP employees. The proposed remodel will optimize available space to provide a comfortable, safe work space for current and future employees.

In accordance with the City's procurement policy, MUED staff issued a Request for Quotations (RFQ) to qualified contractors and received the following four (4) responses by the December 20, 2023 submittal deadline:

BIDDER NAME/COMPANY BID AMOUNT
Construction Station Flooring & Design $168,520.00
Final Touch Construction & Design, Inc $100,530.00
R. Dependable Construction Inc. $99,950.00
R&J Construction LLC $64,675.00
Staff reviewed each submittal and determined that the R&J Construction, LLC submittal meets all RFQ requirements. Therefore, staff recommends City Council approval of a Non-Professional Services Agreement with R&J Construction LLC in an amount not to exceed $70,000 for the Wastewater Control Building Remodel Project, which includes $5,325 as a contingency allowance. Approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act since it can be seen with certainty that the Project will not cause any significant effect on the environment.

ALTERNATIVES:

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

STRATEGIC PLAN:

N/A
Redlands Regular Meeting of 02-06-24
189 of 857
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
PREPARED BY:

Fernando Mata, Wastewater Utility Manager
Fiscal Impact
Fiscal Year: FY 23/24
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $70,000
Budgeted Y/N: Yes
Account No.: 521900
Discussion:

There is no fiscal impact associated with this action. Sufficient funding remains in the FY 23/24 Wastewater Service Budget for this expenditure.

Attachments
Plan Holders List
Agreement
Redlands Regular Meeting of 02-06-24
190 of 857

CITY OF REDLANDS

MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT

WASTEWATER CONTROL BUILDING REMODEL
PROJECT NO.: 20231213-JH
BID DUE DATE: December 20, 2023@ 11:00 A.M

No.

Plan Holder's Name Bid
Signed
Bid
Bond
(1) Addenda
Issued

Base Bid
1 CONSTRUCTION STATION FLOORING & DESIGN Y $ 168,520.00 2 FINAL TOUCH CONSTRUCTION & DESIGN, INC Y $ 100,530.00 3 R. DEPENDABLE CONSTRUCTION INC. Y $ 99,950.00
4 R&J CONSTRUCTION LLC Y $ 64,675.00
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 Redlands Regular Meeting of 02-06-24
191 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS

This agreement for the provision of Wastewater Control Building Remodel Project (“Agreement”) is made and entered in this 6th day of February, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City ”) and R&J Construction LLC , a California limited li ability c ompany (“Contractor”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, a s the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform Wastewater Control Building Remodel Project services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

1.2 The Services shall be performed by Contractor in a professional manner, and Contractor 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 Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR

2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all appli cable Labor Code and prevailing wage laws and non -discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director o f the California Departmen t of Industrial Relations for each craft, classification or type of worker need ed to undertake the Services are on file at City’s Munici pal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.

2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.

2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.

2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.

Redlands Regular Meeting of 02-06-24
192 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 2 2.5 Contractor acknowledges that eig ht (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.

2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.

2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all caus es of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act ( Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates John R. Harris , Municipal Utilities and Engineering 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 Services shall commence as the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated by this reference.

4.2 Contractor shall complete the Services by March 29, 2024, unless the Services are earlier terminated as permitted herein.

4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of Seventy Thousand Dollars ($70,000). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by reference.

Redlands Regular Meeting of 02-06-24
193 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 3 5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’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 deliver ed (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 fi rst class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other addre ss as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk Ruben Sierra, Owner
City of Redlands R&J Construction LLC
35 Cajon Street P.O. Box 556
P.O. Box 3005 (mailing) Mentone, CA, 92359
Redlands, CA 92373 [email protected]
[email protected] (909) 435-5903
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.

Contractor shall provide City with certifi cates 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 Ci ty, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “ D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability insurance with carriers accept able 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.

Redlands Regular Meeting of 02-06-24
194 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 4 C. 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 Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self - insurance maintained by City.

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

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor 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 othe r source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Contractor agrees it is not a designated e mployee within the meaning of the Political Reform Act because Contractor:

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 appro val 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 Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, State ment of Redlands Regular Meeting of 02-06-24
195 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 5 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 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict 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, results in City’s immediate termination of this Agreement.

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentaliti es required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shal l Contractor or per sonnel retained by it be d eemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, e xpress or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminat ed by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s int ent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the da te of the terminati on notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calcula tions, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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

Redlands Regular Meeting of 02-06-24
196 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 6 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 herei n, an y amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

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 conne ction with this Agr eement 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 deem ed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses , paragraphs or sec tions 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 r epresentatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS R&J Construction LLC

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Ruben Sierra, Owner

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 02-06-24
197 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 7 EXHIBIT "A"

SCOPE OF SERVICES

Scope of Service
The City of Redlands Municipal Utilities and Engineering Department engages R&J Construction LLC for the remodel of the wastewater operations control room. The project is to adhere to the City's provided design. Any necessary adjustments due to unforeseen issues will be directed by City staff. Project completion should align with the anticipated expenses and tasks outlined in the City's design plan.

The total work area of 1000 sq. ft.

Site Prep/Demo:

Before commencing construction, special emphasis will be placed on protecting all office furniture and city belongings by covering them with plastic sheaths. Additionally, plastic dust barriers will be installed to minimize and control construction dust.

Framing:

Rough framing will adhere to the layout and design plans provided by the City, with all measurements and dimensions derived from these plans. The framing will be installed in accordance with the plans to create new walls for the kitchen/breakroom spaces.

Rough Electrical/ IT:

Runs will be brought down from above the T-Bar grid to supply city-standard outlets on each wall. Additionally, a drywall box for fiber cable will be installed in an area designated by the city. This includes switches for LED lights, and all electrical installations will adhere to City plans.

T-Bar Grid:

The grid will be painted and refurbished for reuse, restoring its appearance to a like-new condition. Subsequent tile installation will follow, using tiles specified by material number and information discussed during the job walk.

Alternatively, questions can be submitted within the deadline for clarification. The final decision on the T-bar grid tiles' material will be made during installation, ensuring alignment with the budget scope of the project.

Drywall Hanging and Finish:

Drywall will be hung to cover all walls and ceilings, followed by skimming and level 4 finishing with multiple coats and mud applications. The work will be executed to match the existing wall finish.

Desk:

The project includes the supply and installation of designated desks, with one custom-made 'ELITE AIR 24/7 Control Room Console' provided by FountainHead ControlRooms. These desks, serving as the primary controls for the shop, are sole source products exclusively sold and distributed by Fountainhead Control Rooms, Inc., as specified in the plans and/or by City staff.

Countertops:

Countertops, crafted from butcher block, will be installed in areas designated by plans or city staff. Four walls will feature countertops, ensuring a consistent style throughout the workstations.

Flooring:

LVT flooring will be supplied and installed. Work hours will be adjusted to coincide with minimal staff presence for the relocation of desks and furniture.

Painting:

All paint will be applied to the walls of each suite, including those in new construction. The City will select and provide the paint. Multiple coats will be applied to achieve a Level 4 paint finish.

Shall & Must Follow
The contractor shall not interfere with the SCADA system operations and staff work at any time during construction.

The contractor shall coordinate with the City of Redlands IT Department and TESCO, the city's integrator, to facilitate the relocation of (2) two SCADA computers to the new control desk.

The contractor shall coordinate with the City of Redlands IT Department to facilitate the removal and relocation of the existing 42-inch monitor to the South wall.

Redlands Regular Meeting of 02-06-24
198 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 8 EXHIBIT "B"

LABOR AND MATERIAL BOND

Whereas, the City of Redlands, State of California, and R&J Construction LLC (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to Remodel Project for the Wastewater Control Building (the “Work”), which said agreement, dated February 6, 2024, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Seventy Thousand Dollars ( $70,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereo f, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that thi s bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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

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

In witness whereof, this instrument has been duly executed by the Principal and surety above named , on ___________________, 2024.

(SEAL) (SEAL)

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

Address:
_______________________________________
________________________________________

(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________

Redlands Regular Meeting of 02-06-24
199 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 9 EXHIBIT “C”
Price and Fee Bid

The total work area of 1000 sq. ft.

Site Prep/Demo:

Framing:

Rough Electrical/ IT:

T-Bar Grid:

Drywall Hanging and Finish:

Drywall will be hung to cover all walls and ceilings, followed by skimming and level 4 finishing with multiple coats and mud applications. The work will be executed to match the existing wall finish.

Desk:

Countertops:

Countertops, crafted from butcher block, will be installed in areas designated by plans or city staff. Four walls will feature countertops, ensuring a consistent style throughout the workstations.

Flooring:

LVT flooring will be supplied and installed. Work hours will be adjusted to coincide with minimal staff presence for the relocation of desks and furniture.

Painting:

Total: $64,675.00

Redlands Regular Meeting of 02-06-24
200 of 857
NPS-2.2 (2/22)

I:\cmo\Agreements\R&J Construction LLC Agreement FY23-0012.docx-ms 10 EXHIBIT “D”

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

CHECK ONE

_____I am aware of the provi sions 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 perform ance 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 p erson in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

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

R&J Construction LLC

By: Date: _________________
Ruben Sierra, Owner

Redlands Regular Meeting of 02-06-24
201 of 857
City Council Meeting I. 11.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Cooperative Agreement with the San Bernardino County Flood Control District; and a Second Amendment to the
Professional Services Agreement with CASC Engineering and Consulting, Inc. to extend the project completion to December 31, 2024, and increase the agreement amount by $162,415, for the California Street and Redlands Boulevard Intersection Widening Project, and determination that these actions are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council determine that approval of the Cooperative Agreement with the San Bernardino County Flood Control District; and the Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the Cooperative Agreement with the San Bernardino County Flood Control District; and

2. I move to approve the Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project

3. Redlands Regular Meeting of 02-06-24
202 of 857
RECOMMENDATION:

Staff recommends City Council approve the Cooperative Agreement with the San Bernardino County Flood Control District, and a Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project and determine that these actions are exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

California Street and Redlands Boulevard are major corridors within the City's transportation network and their intersection serves as a western gateway into the City. The California Street and Redlands Boulevard Intersection Widening Project (Project) will construct a dedicated right turn lane on the northwest corner of the intersection for southbound California Street vehicles turning west onto Redlands Boulevard, widen the west side of California Street from the intersection to a point approximately 770 feet north, and install a reinforced concrete box culvert over a portion of the Mission Channel. The remainder of the intersection was fully improved by a multi-jurisdictional project executed by the cities of Redlands and Loma Linda. On November 1, 2022, City Council approved a Professional Services Agreement (Agreement) with CASC Engineering and Consulting, Inc. (CASC) to provide Project engineering services for an amount not-to-exceed $231,930.

In October 2023, San Bernardino County Flood Control District (District) staff proposed to expand the original Project scope of work to improve the entire culvert crossing within the Mission Channel to its ultimate condition. This change in scope requires a Cooperative Agreement with the District to reimburse the City for additional engineering and construction costs. In December 2023, City Council approved the First Amendment to the CASC Agreement to extend the completion term by eight (8) months to August 31, 2024, to allow for the development of the Cooperative Agreement. The Second Amendment to the CASC Agreement extends the Project engineering services completion term by four (4) months to December 31, 2024, and increases the consultant's services fee by $162,415.

The preliminary construction cost estimate for this Project is $4,300,000 and the Cooperative Agreement terms obligate the District to reimburse the City for half the actual Project costs, which is $2,150,000 based on the current construction cost estimate. Reimbursable Project costs include engineering services, permitting, utility relocation, materials testing, construction inspection and management, construction services, and contingency allowances. The Cooperative Agreement also obligates the District to reimburse the City for half Redlands Regular Meeting of 02-06-24
203 of 857
of any Project cost overuns. MUED staff recommends City Council approval of this Cooperative Agreement with the District, as well as approval of the Second Amendment to the CASC Agreement.

Approval of the Cooperative Agreement with the District and a Second Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. are exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act because this activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

ALTERNATIVES:

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

STRATEGIC PLAN:

Strategic Priority D, Strategic Objective 3 - Infrastructure. Engineer and construct transportation facilities to accommodate all potential users – motorists, cyclists and pedestrians.

SUBMITTED BY:

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

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

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

Goutam K. Dobey, City Engineer
Redlands Regular Meeting of 02-06-24
204 of 857
Fiscal Impact
Fiscal Year: FY 23/24
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 252400
Discussion:

Funding for the engineering services phase of the Project is included in the FY 23/24 MUED Arterial Street Construction Budget (252400). Construction funding will be included in a future fiscal year budget.

Attachments
A. Cooperative Agreement with SBCFCD
B. Second Agreement Amendment CASC
C. CASC Agreement (Reference only)
D. CASC 1st Amendment (Reference only)
Redlands Regular Meeting of 02-06-24
205 of 857
Standard Contract Page 1 of 10

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

San Bernardino County
Flood Control District

Department Contract Representative Michael B. Fam
Telephone Number 909-387-8120

Contractor City of Redlands
Contractor Representative Gerard Nepomuceno, P.E.

Telephone Number 909-798-7584 ext. 4
Contract Term Not Applicable
Original Contract Amount $2,150,000
Amendment Amount
Total Contract Amount $2,150,000
Cost Center 1930002526 - F02870

IT IS HEREBY AGREED AS FOLLOWS:

WITNESSETH

WHEREAS, the San Bernardino County Flood Control District ( DISTRICT) and the City of Redlands (REDLANDS) are signatories to this AGREEMENT , and may hereinafter be individually referred to as a “PARTY” and, collectively referred to as the “PARTIES”; and

WHEREAS, the PARTIES desire to cooperate and jointly participate in the development, funding, and construction of improvements to the flood control facility, generally referred to as the Mission Channel Box Culvert Crossing at the intersection of Redlands Boulevard and California Street (hereinafter referred to as the “PROJECT”); and

WHEREAS, the PROJECT has been recognized as a significant Secondary Flood Protection Facility with regional impacts and the funding was recommended as a part of the DISTRICT’s Zone 3 Priority Project List and Ten-Year Construction Funding Program; and

WHEREAS, the PARTIES agree that the PROJECT will be of mutual benefit to the PARTIES; and

Contract Number

SAP Number

Redlands Regular Meeting of 02-06-24
206 of 857
Revised Page 2 of 10
WHEREAS, the estimated PROJECT cost is Four Million Three Hundred Thousand Dollars ($4,300,000) as shown on Exhibit A; and

WHEREAS, the PARTIES agree that the participation funding ratio ( RATIO) for the PROJECT shall be fifty percent (50%) by the DISTRICT and fifty percent (50%) by REDLANDS; and

WHEREAS, the PARTIES agree that the DISTRICT will contribute to the total PROJECT costs by reimbursing REDLANDS 50% of the estimated PROJECT cost, in an amount not to exceed Two Million One Hundred Fifty Thousand Dollars ($2,150,000) as illustrated in Exhibit A; and

WHEREAS, the PARTIES agree that REDLANDS will share in the total PROJECT costs by contributing 50% of the estimated PROJECT cost, in the amount of Two Million One Hundred Fifty Thousand Dollars ($2,150,000) as illustrated in Exhibit A; and

WHEREAS, the PARTIES agree that the PROJECT costs include engineering design, inspection, materials testing, construction management, environmental permitting, utility relocation, construction, and contingencies of the PROJECT; and

WHEREAS, REDLANDS will act as the Lead Agency on the PROJECT; and

WHEREAS, the PARTIES understand that the DISTRICT does not currently have the full funding available for its share of the cost to fund the PROJECT within its Flood Control Zone 3 construction budget and , therefore, will reimburse REDLANDS per the reimbursement schedule, as stipulated under Section 2.1 and outlined in Exhibit B; the DISTRICT does reserve the right to amend the reimbursement schedule should an event occur that requires the DISTRICT to re- allocate funding from improvement projects, such as this PROJECT, to maintenance and repair of its facilities; and

WHEREAS, as the Lead Agency, REDLANDS is willing to advance the total funding for the PROJECT and will be responsible for all costs including engineering design, inspection, materials testing, construction management, environmental permitting, property acquisition, utility relocation, construction, and contingencies of the PROJECT; and

WHEREAS, upon completion of the PROJECT, the PARTIES agree that REDLANDS shall own, operate, and maintain the PROJECT within its
jurisdictions accordingly; and

WHEREAS, the PARTIES desire to set forth their respective responsibilities and obligations regarding construction of the PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

SECTION I

1.0 REDLANDS AGREES TO:

1.1 Act as the Lead Agency to prepare all environmental documents, construction plans, specifications, engineer’s estimates , and administer construction, including advertisements for bids, bid reviews, contract awards, construction, and all other needed inspections of the PROJECT.

1.2 Submit to the DISTRICT contract plans, specifications, engineer’s cost estimates , invoices, and progress reports regarding the PROJECT for review and approval prior to reimbursement.

REDLANDS shall not commence advertising for the PROJECT contract bids until DISTRICT has reviewed and approved the contract plans, specifications, and engineer’s cost estimates for the PROJECT in writing.

Redlands Regular Meeting of 02-06-24
207 of 857
Revised Page 3 of 10

1.3 Process necessary environmental documents as required, including but not limited to, pursuant to the California Environmental Quality Act, and obtain all necessary environmental agencies’ clearances for the construction of the PROJECT.

1.4 Provide all services to acquire any right-of-way needed for the PROJECT, including, but not limited to, eminent domain procedures, contacting owners or occupants, entering properties, inspecting, negotiating right-of-way takes, negotiating easements or replacement property for impacted trees, fences, drive approaches, and other property structures.

1.5 Provide reasonable timely notification to the DISTRICT of any meetings related to the PROJECT and schedule Project Development Team (PDT) meetings periodically before and during construction to ensure that DISTRICT have the opportunity to be represented.

1.6 Provide the DISTRICT with copies of all reports and other technical documents related to the PROJECT and allow the DISTRICT to comment prior to accepting such report or document.

1.7 Arrange for relocation of any utilities that may interfere with construction of the PROJECT within the PROJECT sites.

1.8 Obtain a no- cost encroachment permit from the DISTRICT for the portion of the PROJECT constructed within DISTRICT owned land and right-of-way.

1.9 Ensure PROJECT is constructed in accordance with the plans and specifications approved by the DISTRICT.

1.10 Enter into construction contract(s) with contractor(s) for the PROJECT.

1.11 Advertise, award, administer, and fund construction of the PROJECT in accordance with all applicable laws, including but not limited to, the Public Contract Code, the Civil Code, the Labor Code, and the Business and Professions Code.

1.12 Perform inspections of all items of work performed under the construction contract(s) with REDLANDS’ contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing made available for review to the DISTRICT. REDLANDS shall provide copies of all records of inspection including inspection notes and materials testing to the DISTRICT within ten (10) business days of REDLANDS ’ receipt of written request from the DISTRICT for such records.

1.13 Provide the DISTRICT the opportunity to inspect the PROJECT during all phases of construction in accordance with the provisions of the encroachment permit, obtained per Section 1.8 above.

1.14 Pay all costs for the PROJECT including the DISTRICT’s share as set forth in Section 2.3.

REDLANDS, at its sole discretion, may advance the DISTRICT's share of the cost of the PROJECT, which shall be reimbursed by the DISTRICT as set forth in Section 2.1.

1.15 Submit progress reports on a regular and consistent basis to meet the DISTRICT 's requirement for reimbursement of funds. The reporting period shall not exceed one quarter of the year in length.

The progress reports may be sent via email; however, an official hardcopy shall be sent to the DISTRICT's Project Manager. The progress reports shall provide a brief description of the work performed during the reporting period including activities, milestones achieved, major accomplishments and any problems encountered in the performance of the PROJECT.

1.16 Provide the DISTRICT invoices on a quarterly basis for cost incurred on the PROJECT and shall include at minimum the following information:

Redlands Regular Meeting of 02-06-24
208 of 857
Revised Page 4 of 10
a. Cost incurred for work performed in implementing the PROJECT during the period identified in the particular invoice, including the RATIO of costs to be allocated between the PARTIES as set forth in Exhibits A and B.
b. Cost incurred for any interest in real property (land or easement) that have been necessarily acquired for the PROJECT during the period identified in the particular invoice for the implementation of the PROJECT.
c. Invoices submitted shall meet the following format requirements:

1. Cover letter with signature from the responsible REDLANDS official.

2. Invoice must contain date of invoice, time period covered by the invoice, and the total amount due.

3. A cost breakdown in table format with Vendor (Contractor, Invoices and Staff Time), description of costs, total costs for each line item and the DISTRICT’s and REDLANDS’ cost share for every invoice.

4. Invoices must be itemized.

5. Sufficient backup documentation (e.g. receipts, copies of checks, time sheets, labor reports, cost accounting reports,) as reasonably determined by the DISTRICT must be provided to support all charges and all costs included in the invoice. Additional cost share shall be accounted for separately in the progress reports. d. Cost incurred for the relocation of any utility associated with PROJECT before or during construction.
e. Submit the original, signed, invoice to the following address:

Michael Fam, P.E.

Flood Control Planning Division
825 East Third Street, Room 122
San Bernardino, CA 92415-0835

1.17 O wn, operate, and maintain the PROJECT within REDLANDS’s jurisdiction, upon completion of the PROJECT and acceptance of the PROJECT work by DISTRICT, pursuant to Section 3.5.

1.18 Require all contractors and vendors working on the PROJECT to:

1.18.1 H ave appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. DISTRICT and San Bernardino County (COUNTY) shall be added as an additional insured on all contracts awarded by REDLANDS. The limits of liability in the Public Liability and Property Damage policy or policies shall not be less than $1,000,000 combined single limit;

1.18.2 Add DISTRICT as an obligee, to the Payment and Performance Bonds provided for the PROJECT and name DISTRICT as express third-party beneficiaries to the PROJECT contract documents; and

1.18.3 Indemnify, defend, and hold the PARTIES and COUNTY harmless from all claims and liabilities resulting in whole or in part from the acts or omissions of the contractor or vendor, to the full extent permitted by law.

1.19 Provide status reports regarding the PROJECT to the DISTRICT within fourteen (14) calendar days of REDLANDS’ receipt of written request from the DISTRICT for such reports.

1.20 Provide to the DISTRICT, upon completion of PROJECT, one (1) set of Mylar drawings , and one (1) electronic set of “Record Drawings” of the PROJECT.

1.21 Retain or cause to be retained for audit by the DISTRICT, or other government auditors for a period of three (3) years from the date of the final payment, all records and accounts relating to the PROJECT.

SECTION II

2.0 DISTRICT AGREES TO:

Redlands Regular Meeting of 02-06-24
209 of 857
Revised Page 5 of 10

2.1 Pay to REDLANDS the amounts within the given Fiscal Year upon availability of funds as outlined in Exhibit B starting in Fiscal Year 2024/2025 for DISTRICT’s share of the cost of the PROJECT.

DISTRICT’s total funding participation under this AGREEMENT shall not exceed $2,150,000.

DISTRICT’s reimbursement payments will be made no more frequently than quarterly, pursuant to Section 1.16. The DISTRICT shall be responsible for and pay its respective share for the PROJECT and pre -approved contingencies per the RATIO and as stipulated in this Section.

DISTRICT’s financial obligations for payments are subject to and limited by the DISTRICT’s Board of Supervisors budgetary and appropriation process.

2.2 Pay for additional work to approved plans and specifications only when such additional work is requested by the DISTRICT and authorized in writing by the DISTRICT pursuant to Section 3.11 and the DISTRICT has received a request for payment with adequate documentation from REDLANDS pursuant to Section 1.16.

2.3 Pay its share of PROJECT costs based on the RATIO as shown in Exhibit A; the DISTRICT’’s share of funding for the PROJECT shall not exceed $2,150,000, unless costs in excess of the total PROJECT costs are agreed upon by both PARTIES in writing, then the DISTRICT’s share of such additional costs shall be at the RATIO set forth in Exhibit A.

2.4 Promptly review and comment on contract plans, specifications and engineer’s estimates prepared and submitted by REDLANDS or by its representatives , and upon REDLANDS satisfactorily addressing all of DISTRICT's comments, issue all necessary encroachment permits.

2.5 Issue no fee encroachment permit(s), after review of construction plans, when necessary, to REDLANDS for work within DISTRICT right-of-way.

SECTION III

3.0 IT IS FURTHER UNDERSTOOD AND AGREED:

3.1 The Effective Date of the AGREEMENT shall be the first date upon which all the following has occurred: (1) REDLANDS’ Council and DISTRICT’s Board have approved the AGREEMENT; and (2) the authorized representative of each PARTY has signed the AGREEMENT.

3.3 All payments shall be made via electronic funds transfer (EFT) directly deposited into the PARTIES’ designated checking or other bank account. PARTIES shall promptly comply with directions and accurately complete forms provided to process EFT payments.

3.4 Indemnification and Insurance.

3.4.1 Indemnification
a. Pursuant to Government Code Section 895.4, each PARTY (“Indemnitor”) shall indemnify, defend (with counsel reasonably approved by Indemnitee), and hold harmless each of the other PARTIES, the COUNTY, and each of their authorized officers, employees, agents and volunteers (each an “Indemnitee,” collectively, “Indemnitees”) from and against any and all claims, actions, losses, damages, and/or liability arising out of the acts or omissions of Indemnitor, or its authorized officers, employees, agents and volunteers, under this Agreement.

3.4.2 Insurance
a. Waiver of Subrogation Rights – If not self-insured REDLANDS shall require the carriers of required coverage to waive all rights of subrogation against the DISTRICT , COUNTY, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit REDLANDS and their employees or agents from waiving the right of subrogation prior to a loss or claim.

Redlands Regular Meeting of 02-06-24
210 of 857
Revised Page 6 of 10
REDLANDS hereby waive all rights of subrogation against the DISTRICT and/or County, except for the gross negligence of DISTRICT and COUNTY, its officers, employees, agents, volunteers, contractors, and subcontractors.

b. Self-Insurance – The PARTIES are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self -insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this AGREEMENT.

3.5 Default Provisions.

A. REDLANDS will be in default under this AGREEMENT if any of the following occur:
a. Material breaches of the AGREEMENT, or any supplement or amendment to it. b. Making any false warranty, representation, or statement with respect to this AGREEMENT.
c. Failure to make any remittance required by this AGREEMENT. d. Failure to submit timely progress reports.
e. Failure to routinely invoice the DISTRICT.

Should an event of default occur, the DISTRICT shall provide written notice of default to REDLANDS and shall give REDLANDS at least ninety (90) calendar days to cure the default from the date the notice is sent via first-class mail to REDLANDS; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within a ninety (90) day period, REDLANDS shall not be deemed in default if it diligently commences such cure within such period and thereafter diligently proceed to rectify and cure said default as soon as possible. If REDLANDS fails to cure the default within the time prescribed by the DISTRICT , the DISTRICT may do any of the following:

1. Terminate any obligation to make future payments to REDLANDS.

2. Terminate the AGREEMENT.

3. Take any other action that it deems necessary to protect its interest.

B. The DISTRICT will be in default under this AGREEMENT if any of the following occur:
a. Material breaches of the AGREEMENT, or any supplement or amendment to it. b. Making any false warranty, representation, or statement with respect to this AGREEMENT.
c. Failure to make any undisputed payment required by this AGREEMENT.

Should an event of default occur, REDLANDS shall provide written notice of default to the DISTRICT and shall give the DISTRICT at least ninety (90) calendar days to cure the default from the date the notice is sent via first-class mail to the DISTRICT; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within a ninety (90) day period, DISTRICT shall not be deemed in default if it diligently commences such cure within such period and thereafter diligently proceed to rectify and cure said default as soon as possible. If the DISTRICT fails to cure the default within the time prescribed by REDLANDS, REDLANDS may do any of the following:

1. Terminate the AGREEMENT.

2. Take any other action that it deems necessary to protect its interest.

3.6 If, upon opening of bids for the PROJECT submitted, the bids indicate a cost overrun of no more than 25% of the estimated construction cost, REDLANDS may award the contract(s), notwithstanding any provision herein to the contrary, after a written concurrence from DISTRICT.

Redlands Regular Meeting of 02-06-24
211 of 857
Revised Page 7 of 10

3.7 If, upon opening of bids for the PROJECT , bids indicate the actual cost of the PROJECT will exceed either 25% of the estimated cost of construction or the available funding, PARTIES shall endeavor to agree upon an alternative course of action. If, after thirty (30) days, an alternative course of action is not mutually agreed upon in writing, this AGREEMENT shall be deemed to be terminated by mutual consent.

3.8 This AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the PARTIES.

3.9 If the performance by any PARTY of any part of this AGREEMENT is prevented, hindered or delayed by any reason beyond the control of the PARTY whose performance is so affected, and this effect cannot be overcome by due diligence, the PARTY affected is excused from performance to the extent that performance is necessarily prevented, hindered or delayed, during the continuance of the happening or event, and this AGREEMENT is suspended so long as and to the extent that the cause prevents or delays that PARTY’s performance. The PARTY claiming to be affected shall give written notice to the other PARTIES within a reasonable time after the happening of the cause which they contend affects their performance. None of the PARTIES shall be liable for failure or delay of fulfilling their obligations if hindered or prevented by acts of God, fire, strikes, earthquakes, pandemic, and flooding.

3.10 The PARTIES acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increase bid prices or change orders (but not unforeseen conditions or requested additional work by a PARTY which are addressed in Section 3.11 below) over the estimated total PROJECT cost shall be borne by REDLANDS as provided in Exhibit A.

Notwithstanding the foregoing, the DISTRICT’s share of the PROJECT cost shall not exceed $2, 150,000 under any circumstances unless a written amendment to this AGREEMENT is approved by the DISTRICT’s Board.

3.11 If a PARTY requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the PARTY requesting the work.

3.12 In the event that change orders are required during the course of the PROJECT, said change orders must be in writing and approved by the PARTIES within two (2) working days of submittal.

If working conditions do not allow two working days for a written approval, then PARTIES agree to work diligently to come up with a speedy resolution in the field.

3.13 Since the PARTIES or their agents have participated fully in the preparation of this AGREEMENT, the language of this AGREEMENT shall be construed simply, according to its fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days or period for performance shall be deemed workdays, unless expressly stated otherwise. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this AGREEMENT.

3.14 No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed in writing and signed by all PARTIES.

3.15 All notices, approvals, consents, or other documents required or permitted under this AGREEMENT shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage fully prepaid, addressed as follows:

City of Redlands
Municipal Utilities and Engineering Dept.
35 Cajon St. Ste. 15A
Redlands, CA 92374
San Bernardino County
Flood Control District, Room 122
825 East Third Street
San Bernardino, CA 92415

Attn: Gerard Nepomuceno, P.E. Attn: Michael Fam, P.E.

Redlands Regular Meeting of 02-06-24
212 of 857
Revised Page 8 of 10

3.16 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.

3.17 This AGREEMENT shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this AGREEMENT invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this AGREEMENT is frustrated. Any dispute or action to enforce any obligation under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of litigation arising f rom this AGREEMENT, each PARTY to the AGREEMENT shall bear its own costs, including attorney’s fees, except as provided for in Section 3.4.1.

3.18 Except with respect to the PARTIES’ operation, maintenance and indemnification obligations contained herein, this AGREEMENT shall terminate upon the completion of the PROJECT and final payment by the DISTRICT to REDLANDS.

3.19 This AGREEMENT contains the entire AGREEMENT of the PARTIES with respect to the subject matter hereof, and supersedes all other prior negotiations, understandings, or contracts. This AGREEMENT may only be modified in writing, signed by all PARTIES.

3.20 Time is of the essence for each and every provision of this AGREEMENT.

3.21 This AGREEMENT may be cancelled upon thirty (30) days written notice of any PARTY, provided however, that no PARTY may cancel this AGREEMENT without cause after REDLANDS awards contract(s) to construct the PROJECT.

3.22 The Recitals preceding the terms of this AGREEMENT are incorporated into the terms hereof by this reference and constitute constructive terms of this AGREEMENT.

3.23 This AGREEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same agreement. The PARTIES shall be entitled to sign and transmit an electronic signature of this AGREEMENT (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each PARTY providing electronic signature agrees to promptly execute and deliver to the other party an original signed AGREEMENT upon request.

Redlands Regular Meeting of 02-06-24
213 of 857
Revised Page 9 of 10

IN WITNESS WHEREOF , this AGREEMENT has been fully executed on behalf of the DISTRICT and REDLANDS by their duly authorized officers, effective as of the last date hereunder written.

Approved as to Legal Form Attested by the CITY Clerk

______________________________________
The CITY Attorney

______________________________________
The CITY Clerk
Date Date

CITY OF REDLANDS
(Print or type name of corporation, company, contractor, etc.)

(Authorized signature - sign in blue ink)
Name

(Print or type name of person signing contract)

Title
(Print or Type)
Dated:

Address

Redlands Regular Meeting of 02-06-24
214 of 857
Revised Page 10 of 10

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by District

Sophie A. Curtis, Deputy County Counsel Andy Silao, P.E. Noel Castillo, Chief Flood Control Engineer Date Date Date

SAN BERNARDINO COUNTY

FLOOD CONTROL DISTRICT

Dawn Rowe, Chair, Board of Supervisors
Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell, Clerk of the Board
By

Deputy

Redlands Regular Meeting of 02-06-24
215 of 857
EXHIBIT "A"

CITY OF REDLANDS DRAINAGE IMPROVEMENTS

TRIPLE REINFORCED BOX CULVERT, LOCATED ON MISSION CHANNEL AT THE INTERSECTION OF

CALIFORNIA STREET AND REDLANDS BOULEVARD, TO BE CONCURRENTLY CONSTRUCTED WITH THE

WIDENING OF THE NORTHWEST PORTION OF CALIFORNIA STREET, IN THE CITY OF REDLANDS

DESCRIPTION TOTAL COST OF
PROJECT*

DISTRICT
SHARE*

CITY OF REDLANDS
SHARE*

TRIPLE REINFORCED

BOX CULVERT WITH

WIDENING OF

CALIFORNIA STREET
$4,300,000 $2,150,000 $2,150,000
50% 50%

*IN THE EVENT THE TOTAL ACTUAL COST OF THE PROJECT IS LESS THAN $4,300,000, THE DISTRICT AND CITY OF REDLANDS SHARE WILL BE 50% AND 50%, RESPECTIVELY. *IN THE EVENT THE TOTAL ACTUAL COST OF THE PROJECT IS MORE THAN $4,300,000, AND AGREED UPON BY BOTH PARTIES, THE DISTRICT AND REDLANDS SHARE WILL COVER EXCESS COSTS 50% AND 50%, RESPECTIVELY.

Redlands Regular Meeting of 02-06-24
216 of 857
EXHIBIT "B"

CITY OF REDLANDS DRAINAGE IMPROVEMENTS

TRIPLE REINFORCED BOX CULVERT, LOCATED ON MISSION CHANNEL AT THE INTERSECTION OF

CALIFORNIA STREET AND REDLANDS BOULEVARD, TO BE CONCURRENTLY CONSTRUCTED WITH THE

WIDENING OF THE NORTHWEST PORTION OF CALIFORNIA STREET, IN THE CITY OF REDLANDS

DISTRICT* PAYMENT SCHEDULE
Fiscal Year Maximum Payment Amount
FY 24-25 $2,150,000

TOTAL $2,150,000

*FY24/25 - FIRST REIMBURSEMENT PAYMENT TO BE MADE UPON FIRST QUARTERLY INVOICE RECEIVED PURSUANT TO SECTION 2.1.
*THE DISTRICT DOES RESERVE THE RIGHT TO AMEND THE REIMBURSEMENT SCHEDULE SHOULD THE EXPECTED FUNDING NOT BE AVAILABLE.

Redlands Regular Meeting of 02-06-24
217 of 857
1 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This second amendment (“Second Amendment”) to the agreement for Engineering services related to the California Street and Redlands Boulevard Intersection Widening Project dated November 1, 2022 (“Agreement”), by and between the City of Redlands, a municipal corporation (“City”), and CASC Engineering and Consulting, Inc., a California corporation (“Consultant”), is made and entered into this 6th day of February 2024.

RECITALS

WHEREAS it is the desire of the City and Consultant to Article 2.1 of their existing Agreement, specifically described in Exhibit “A,” “Scope of Services” to include an amended “Scope of Services,” which is attached hereto by reference, and

WHEREAS, it is the desire of the City and Consultant to amend Article 4.1 of their existing Agreement, specifically described in Exhibit “B,” “Project Schedule” to include an amended “Project Schedule,” which is attached hereto by reference, and

WHEREAS, it is the desire of the City and Consultant to amend Article 4.2 of their existing Agreement to extend contract until December 31, 2024, and

WHEREAS, it is the desire of the City and consultant to amend Article 5.1 of their existing Agreement, specifically described in Exhibit “C,” “Fee Schedule” to include an amended “Fee Schedule,” which is attached hereto by reference, and

WHEREAS, it is the desire of the City and Consultant to amend Article 5.1 of their existing Agreement to increase Consultant’s present total compensation of three hundred ninety -four thousand three hundred forty-five dollars ($394,345).

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

AGREEMENT

Section 1. The scope of work performed by Consultant pursuant to Exhibit “A” of the Agreement, entitled “Scope of Services,” is hereby amended and replaced by an amended Exhibit “A,” which is attached hereto and incorporated herein by this reference as Attachment 1.

Section 2. The project schedule set forth in Exhibit “B” of the Agreement, entitled “Project Schedule,” is hereby amended and replaced by an amended Exhibit “B”, which is attached hereto and incorporated herein by this reference as Attachment 2.

Section 3. The fee schedule set forth in Exhibit “C” of the Agreement, entitled “Fee Schedule,” is hereby amended and replaced by an amended Exhibit “C”, which is attached hereto and incorporated herein by this reference as Attachment 3.

Redlands Regular Meeting of 02-06-24
218 of 857
2 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

Section 4. Subsection 4.2 of Article 4 of the Agreement, titled “Performance of Services” is hereby amended to read as follows:

“4.2 Consultant shall complete the Services by December 31, 2024, unless the Services are terminated earlier as provided for herein.”

Section 5. Subsection 5.1 of Article 5 of the Agreement, titled “Payments to Consultant,” is hereby amended to read as follows:

“5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of three hundred ninety -four thousand three hundred forty-five dollars ($394,345). City shall pay Consultant in accordance with Exhibit “C,” titled “Fee Proposal,” which is attached hereto and incorporated herein by this reference.”

Section 6. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of February 6, 2024.

CITY OF REDLANDS CASC Engineering and Consulting, Inc.

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

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 02-06-24
219 of 857
3 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

ATTACHMENT 1
EXHIBIT "A"

SCOPE OF SERVICES
The consultant will develop plans, specifications, and estimates (PS&E) adhering to the requirements of the City of Redlands, the General Plan, the current Standard Specifications for Public Works Construction (Greenbook), Caltrans Standard Specifications, and San Bernardino County Flood Control District (SBCFCD) Standard Specifications. Please review the project carefully and submit your proposal in accordance with the instructions provided in the Request for Proposals (RFP). The as-built plans for the 2017 previously completed “California Street/Redlands Intersection Improvement Project” has been attached to be used as an example only.

The scope of work that follows is intended as a guide only. The proposer is advised to add any critical tasks or elements which may have been overlooked, or delete any extraneous tasks deemed not necessary to the success of the project:

A. Project Coordination:

Consultant shall include Project Management as one of the work tasks. The Consultant shall act as a manager of the Consultant’s team, including any Subconsultants. The Consultant shall manage and coordinate all components of the Project and take a proactive role in keeping all tasks on schedule and on budget and ensure timely completion of the project. Consultant shall give prior notice to the City, and obtain acceptance from same, before performing work outside the contract work scope and thereby contract budget amount.
a. Hold a design kick-off meeting with City representatives to review the project in detail, design requirements, schedule, potential concerns and cost limitations. b. Maintain continuous communication with the City, including meetings to review the preliminary plan and project status at 60%, and 90% completion. c. Provide agendas for each project status meeting including items for discussion and meeting minutes listing action items.
d. Provide an updated project schedule at each progress meeting. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties within the critical path. f. Provide a presentation to City Council and additional committees as requested by City staff.

B. Agency and Utility Coordination:
a. Coordinate with utility companies within the project limits as necessary. b. Prepare an initial request for utility information such as atlas sheets, mapping, or as- built plans, and notify of the need to install planned facilities around the project. c. Coordinate with utility companies to upgrade facilities, as needed. d. Review utility information to determine the impact of the project on the various utilities, including contacting each affected utility company to determine facilities that may interfere with proposed construction.
e. Maintain a utility matrix documenting contacts, issues, etc. with utility companies. f. Deliverables:
- Digital submission of utility matrix.

Redlands Regular Meeting of 02-06-24
220 of 857
4 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

C. Preliminary Engineering:
a. Design Survey
i. Perform research for survey information.
ii. Perform survey and conduct data collection.
iii. Obtain topographic feature locations for a complete and accurate representation of existing conditions within the public right-of-way.
iv. Obtain complete record drawings and other documents to show location of all utilities, location and dimensions of all sidewalks and driveways, location of all trees and landscaping which may be affected by the improvements; and v. The survey and datum will be tied into the state plane coordinate system and City benchmark.
vi. Review and analyze existing conditions.
b. Additional Design Survey
i. CASC will provide a design survey of the area outlined in red on Figure 1 located below. This will include establishment of horizontal and vertical survey control for the complete length of the project. The basis of bearings will be referenced to the California Coordinate System of 1983, and the elevations will be referenced to the nearest City or County Benchmarks. CASC will provide spot elevations at a minimum of a 50’ x 50’ grid and locate all existing physical features. Physical features shall include but are not limited to curbs, flow-lines, centerlines, grade breaks, low points, angle points, spandrels, pavement striping, surface utilities, structures, walls, trees, poles, catch basins, signs, manhole lids, and irrigation boxes. CASC will extend the design survey previously performed and obtain invert information as requested on figure 2 below. Survey data will be compiled into a CAD base map with a 3D surface and one-foot contours generated. CAD base map provided by CASC will be in model space, will not include an exhibit with sheets and points scaled to size.

Figure 1
Redlands Regular Meeting of 02-06-24
221 of 857
5 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

Figure 2
c. Field Review
i. Research and review base data documents including as-built improvement plans, utility information and other available record data; and ii. Conduct a design review field meeting with City staff at 60% design completion to evaluate design recommendations against existing conditions. iii. Field Review Deliverables:
- Minutes of design review field meeting.

The Consultant shall take the leadership role in all steps required for the approval of the Environmental Documents, include spearheading timely approvals from Army Corps of Engineers, California Department of Fish and Wildlife, SBCFCD, California State Water Resources Control Board, etc. Consultant will be the sole entity to perform research, surveys, studies, graphics, and coordination with the appropriate entitles and agencies, and shall not expect or rely on City staff to perform this work or to supplement the Consultant’s work.
d. The consultant shall determine whether environmental work anticipated with this project is required or whether CEQA Categorical Exemption Section 15301 (c) applies to this project.
e. Environmental surveys, technical studies, public meetings. Consultant to prepare considering the Project needs.
f. Environmental Documents: Prepare and process the appropriate environmental documents for approval by the City and appropriate entities respectively.

Environmental mitigation. plans and agreements.
g. Consultant prepares with applicable resource agencies and process approvals of the plans through regulatory agencies.
h. TRANSPORTATION PROJECT BMP DOCUMENT (TPBD) - If it is determined that Transportation Project BMP Document is required, the Consultant will prepare the TPBD in accordance with the requirements set forth in the Guidance. The TPBD will generally follow the template structure included in the Guidance. The Template includes constraints analysis that may produce the conclusion that none of the listed BMPs in the Guidance are feasible. If a BMP is feasible, the Consultant will incorporate them into the design to meet the Maximum Extent Practicable (MEP) Redlands Regular Meeting of 02-06-24
222 of 857
6 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

standard based on the site-specific constraints for the project. The proposed project is in an area that is required to address Hydrologic Conditions of Concern (HCOC) as defined in the Guidance. The HCOC analysis and the design of appropriate Best Management Practices (BMPs) to address HCOC will be part of the TPBD if necessary. At least three submittals will be required regardless of BMP feasibility.

Consultant will provide an electronic copy of the TPBD for submittal with project plans. Consultant will then revise the TPBD to incorporate comments within the scope of services and provide revised electronic copies for each subsequent submittal for review and acceptance.

i. REVISION TO JURSIDICTIONAL DELINEATION As the Project footprint has expanded to include the area south of Redlands Boulevard within Mission Zanja Creek, the jurisdictional limits of this reach of the creek will need to be delineated.

To identify potential jurisdictional features, a three-parameter delineation will be conducted according to the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region and the 1987 Corps Wetland Delineation Manual. The biologists will delineate the jurisdictional limits of non- wetland waters of the United States following the procedures set forth in 33 Code of Federal Regulations 328.3(e). CASC anticipates that a routine delineation (as defined by the United States Army Corps of Engineers [USACE]), which is tailored to the site characteristics, will be adequate. The delineation will consider any additional information needs based on the State’s Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State as administered by the Regional Water Quality Control Board (RWQCB). Further, the extent of any streambed and associated riparian areas subject to review by the California Department of Fish and Wildlife (CDFW) under Section 1602 of the California Fish and Game Code will be determined. One site visit will be performed to obtain data and record on-site conditions. Results of the draft jurisdictional delineation will require verification and approval by the USACE, the RWQCB, and the CDFW.
i. Deliverable: Consultant previously provided the City with a Jurisdictional Delineation Report (dated August 2023) for the reach of the Creek that is north of Redlands Boulevard. Consultant will amend the August 2023 report to include the results of these field studies, update all geospatial data, and figures in an amended Jurisdictional Delineation Report. The report will be suitable for submittal to the involved agencies for purposes of jurisdictional delineation approval, permit applications, and for inclusion as a technical appendix. The report will identify and quantify jurisdictional areas and features, including a breakdown of wetlands and non-wetland waters of the United States, waters of the State, and CDFW jurisdictional areas. The report will also identify features as earthen or concrete. An estimate of permanent and temporary impacts (as well as earthen versus concrete) resulting from the discharge of fill material into jurisdictional areas will not be included in this delineation report but will be provided upon request. Upon receipt of comments from the resource agencies, Consultant will revise the draft report and submit a final report. This task includes responses to one round of consolidated comments. Should project plans and/or the project description change after the impact analysis has been Redlands Regular Meeting of 02-06-24
223 of 857
7 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

conducted, and/or if additional rounds of comments and/or additional coordination is required, a budget augment will be necessary to complete the additional work.

j. Additional Biological permitting services - Consultant will prepare permit applications accordingly. Changes to Project design during or after preparation of the package may necessitate a budget augment. Each application packet will be reviewed with the Project team prior to submittal to the respective agencies. Any additional coordination and requests by agencies for additional information not available to Consultant prior to submittal may necessitate a budget augment.

Consultant anticipates up to three correspondence efforts with the agencies for this scope of work. Consultant assumes the Project will only require a nationwide permit and not an individual permit (which would require more environmental and an alternatives analysis).

k. Consultant will update the Initial Study according to the revisions to the Project.

This includes updating the Project Description, text, tables, and exhibits. If additional revisions are requested outside of this service, they will be provided under separate authorization.

l. Based on the proposed revisions to the Project, Consultant will update applicable technical studies (Geotechnical, Cultural, Paleontological, Air Quality, GHG, Construction Noise, and Biological) accordingly. This includes updates to the Project Description, text, tables, and exhibits. If the proposed changes require updates to the analyses, services will be provided under separate authorization.

D. Final Engineering:

Plans, specifications, and estimates shall be provided at levels of completion of approximately 60%, 90%, and 100% (Mylar). The City will provide review comments at the concept, 60% and 90% design stage. It is expected that 100% plans will be complete.

Plans shall conform to the requirements of the City of Redlands, the General Plan, the current Standard Specifications for Public Works Construction (Greenbook), Caltrans Standard Specifications, and County of San Bernardino Flood Control District (SBCFCD) Standard Specifications. and shall be prepared utilizing AutoCAD software. All work identified herein shall be approved by a Professional Engineer registered within the State of California.

Project plans shall include, but are not limited, to the following:
i. Title and construction detail sheets;
ii. Civil design plans. Plans shall include removals, existing and proposed improvements, utility base mapping, etc. Where necessary, the plans shall define limits of repairs to pavement, curb, gutter, sidewalk, ADA upgrades, etc. The plans shall be at a horizontal scale of 1"=20' or 1”=40’ where appropriate; iii. Signing and striping plans at a horizontal scale of 1"=40'. Signing and striping plans shall be prepared and meet criteria established in the MUTCD, latest Redlands Regular Meeting of 02-06-24
224 of 857
8 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

edition;
iv. Submit 60% and 90% completion plans for City's review and comments. Revise plans based on City comments; and
v. Submit 100% plans (mylars) and project specifications. vi. Revisions to Final Engineering – Update drawings to extend the proposed triple RCP upstream to meet the existing triple RCB under California Street. These revisions will include the following:
• Removal of approximately 92 linear feet of existing 7.6’Hx25’W RCB. • Removal of the existing upstream pcc transition structure. • Install approximately 145 additional linear feet of new 11’Hx18’W triple RCB with connection to existing triple RCB.
• Provide existing storm drain lateral connections to new triple RCB.

In performing said service, the consultant shall use, whenever possible, the boilerplate specifications prepared and approved by the City. All drawings and specifications shall be adequate and sufficient for the City to solicit bids for the award of the construction contract for said work.
i. Deliverables:
- Two sets of full size plan submittals at 60% and 90% completion milestones; - One full size Mylar set of 100% drawings; and
- DVD containing bid package in PDF, AutoCAD and Microsoft Word.

E. Cost Estimates:

Prepare quantity calculations and final construction cost estimates in accordance with City requirements to meet established project budget.
i. Deliverables:
- Cost estimate at Concept, 60%, 90% and 100% design; and - Electronic files of 100% cost estimates.

F. Specifications:

Prepare Technical Specifications to be used in conjunction with the City boilerplate specifications. Preparation of all required Federal/State documents to be included in the specifications.
i. Deliverables:
- Specifications at the 60%, 90% and 100% completion milestones; and - Electronic files of 100% specifications.

G. Project Advertisement Services:

Consultant shall provide support during bidding. Work includes, but is not limited to, the following:
i. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses. All communication shall be directed to the City for issuance to the bidders, at no time shall the consultant respond directly to bidders; and
ii. Prepare addenda as necessary with coordination and issuance by the City.

Redlands Regular Meeting of 02-06-24
225 of 857
9 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

iii. Deliverables:
- Tabulated Response to RFIs & Addendums, as necessary.

H. Construction Support Services:

Consultant shall provide support during construction. Work includes, but is not limited to, the following:
i. Provide response to contractor's requests for information (RFI) regarding the project forwarded to the consultant by the City. This task includes conferring with the City's Construction Manager regarding the RFI, as appropriate. All communication shall be directed to the City for issuance to the Contractor, at no time shall the Consultant respond directly to Contractor; ii. Review and approve shop drawings; and
iii. Regularly scheduled construction observation is specifically excluded from this scope of work.

I. Prepare Record Drawings (As-built):

Within sixty days following the completion and acceptance of the project, furnish City with a complete set of revised original tracings showing as-built conditions. Revisions will be solely based on as-built information provided by the City's Construction Manager and the Contractor. Consultant assumes no responsibility for the accuracy of the information provided by the City's Construction Manager and the Contractor. i. Deliverables
a. Furnish a complete set of revised original record drawings. b. Revise record drawings based on the revised design scope. These revisions will be limited to the sewer main re-alignment at the intersection of California Street and Redlands Blvd.

Redlands Regular Meeting of 02-06-24
226 of 857
10 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

ATTACHMENT 2

EXHIBIT “B”
Project Schedule
Redlands Regular Meeting of 02-06-24
227 of 857
11 I:\cmo\Agreements\CASC Engineering and Consulting, Inc. Second Amendment FY23-0020.docx-ms

ATTACHMENT 3

EXHIBIT "C"
Fee Schedule

Redlands Regular Meeting of 02-06-24
228 of 857
Redlands Regular Meeting of 02-06-24
229 of 857
Redlands Regular Meeting of 02-06-24
230 of 857
Redlands Regular Meeting of 02-06-24
231 of 857
Redlands Regular Meeting of 02-06-24
232 of 857
Redlands Regular Meeting of 02-06-24
233 of 857
Redlands Regular Meeting of 02-06-24
234 of 857
Redlands Regular Meeting of 02-06-24
235 of 857
Redlands Regular Meeting of 02-06-24
236 of 857
Redlands Regular Meeting of 02-06-24
237 of 857
Redlands Regular Meeting of 02-06-24
238 of 857
Redlands Regular Meeting of 02-06-24
239 of 857
Redlands Regular Meeting of 02-06-24
240 of 857
Redlands Regular Meeting of 02-06-24
241 of 857
Redlands Regular Meeting of 02-06-24
242 of 857
Redlands Regular Meeting of 02-06-24
243 of 857
Redlands Regular Meeting of 02-06-24
244 of 857
City Council Meeting I. 12.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Equipment Rental Agreement with C5 Equipment Rentals for the 5-month rental of a D8 Dozer in the amount of $90,000, and a sole source purchase order and that approval of the rental agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of CEQA Guidelines (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 approval of the rental agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

1. I further move to approve the equipment lease with C5 Equipment Rentals for the 5-month rental of a D8 Dozer in the amount of $90,000, and a sole source purchase order.

2. RECOMMENDATION:

Staff recommends that City Council determine that approval of the rental agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and approve a sole source purchase order with C5 Equipment Rentals for the provision of a 5-month rental of a D8 Dozer in the amount of $90,000.

Redlands Regular Meeting of 02-06-24
245 of 857
DISCUSSION:

The City uses a D8 Dozer at the City landfill on a daily basis that plays a crucial role in daily landfill operations. It is utilized for pushing waste into active cells in preparation for proper waste placement and cover. The Dozer is essential to maintain regulatory compliance for the city facility. Unfortunately, the City's Dozer is in need of immediate repairs and will be out of service for an estimated time frame of 3 to 4 months. As a result, staff is requesting a sole source purchase order with C5 Equipment Rentals for a 5-month rental while the required repairs take place.

Pursuant to the City’s Purchasing guidelines, a purchase order was requested on November 30, 2023 for C5 Equipment Rentals in the amount of $36,840 for two months to have the equipment rental as soon as possible. Quinn Company, another equipment vendor, was contacted and provided a quote; however, per the quote the equipment would not be available for another two to three weeks.

Due to the urgency of the matter, C5 Equipment Rentals was selected as the sole source vendor as they were able to provide the equipment within a week, avoiding additional weeks of non-compliance and unnecessary fines. No other vendor within a 30-mile radius has the requested heavy machinery equipment readily available.

The rental of the D8 Dozer provides an essential service that protects the public health, welfare, safety, and property of the City and provides an essential service to maintain regulatory compliance at the City's landfill. The City would like to request the sole source purchase order for the D8 Dozer rental for an additional 5 months through June 2024 in order to ensure that repairs are completed on the City-owned dozer.

ALTERNATIVES:

The City Council may choose to reject the sole source purchase order with C5 Equipment Rentals and provide alternative direction to staff.

STRATEGIC PLAN:

Supports Priority D - Sustainability.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director Redlands Regular Meeting of 02-06-24
246 of 857
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

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

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

Nathalie Ayala, Senior Administrative Assistant
Redlands Regular Meeting of 02-06-24
247 of 857
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: No
Appropriation Required Y/N: N
Amount: 90,000.00
Budgeted Y/N: Y
Account No.: 511900-6708
Discussion:

Sufficient funding for this service is included in the Solid Waste Division's budget (511900) for Fiscal Year 2023-2024 as approved by City Council.

Attachments
A. Sole Source Form
B. Sole Source Form Ctd
C. C5 Equipment Rentals Agreement
Redlands Regular Meeting of 02-06-24
248 of 857
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.

Date:_______________________
TO: Purchasing Division
FROM: ________________________________
Purchase Requisition #
___________________
Estimated Total Cost: $_________________
Proposed Vendor: ______________________
Request Term: _________________
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a s
pecific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives u
nacceptable.

The City M anager w ill de termine whether t he justification is appropriate. Requests for exception must be supported by factual statements tha t will pa ss an audit.

Redlands Regular Meeting of 02-06-24
249 of 857
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
2 INSTRUCTIONS

Existing Equipment:

Manufacturer/Model Number:

Age:

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

Redlands Regular Meeting of 02-06-24
250 of 857
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 1.31.19
3 3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please explain the type of evaluation performed and provide all supporting documentation:

5. Explain what action(s) the department would take if the sole/single source services were no longer available

City Manager Approval Date
Redlands Regular Meeting of 02-06-24
251 of 857
Sole Source Form Continued

2. C5 Equipment Rentals is the sole source vendor with this specific equipment ( D8 Dozer) available for rental at this time. The City-owned D8 dozer requires months of repair and is unusable. The dozer is essential for pushing waste into active cells in preparation for proper waste placement and cover and in order to maintain regulatory compliance at the City landfill. Pursuant to the City’s Purchasing guidelines, a PO was requested on November 30, 2023 in the amount of $35,440.00 for two months in order to have the equipment as soon as possible. Although Quinn Company also provided a quote, they were not able to provide the equipment for another two to three weeks, whereas C5 Equipment Rentals was able to have it in less than a week. Each day without the dozer is another day out of compliance per the City Landfill operating permit. This non-compliance for consecutive days can lead to notices of violation from San Bernardino County, which can lead to unnecessary excessive fines and costs.

5. C5 Equipment Rental is the sole source vendor on heavy machinery rentals readily available for use. If these services were no longer provided, it would be difficult, if not, almost impossible to maintain regulatory compliance at the City landfill as it would not be possible to push waste into active cells in preparation for proper waste placement and cover, something that is done on a daily basis. Without these services, the City would have to wait months without this necessary equipment while the current City-owned D8 dozer is repaired. This could be detrimental to the City landfill as it would not be possible to provide a daily essential service and it would also not be able to maintain regulatory compliance. This can also amount to tremendous non-compliance fees and costs, which is something that can be completely avoided.

Redlands Regular Meeting of 02-06-24
252 of 857
21921 Alessandro Blvd
Moreno Valley, CA 92553
PH. 951-257-3687 FAX 951-656-1816 BARE EQUIPMENT RENTAL AGREEMENT- Please email signed copy to [email protected] Phone:

Customer :

EXT
Contact: LOUIE
EQUIPMENT PO/ JOB: TBD
RATE

MOVE COST

SPECIAL PROVISIONS

START DATE

LOCATION

SPECIAL
Damage Clause: Customer (hereinafter called LESSEE) is responsible for all damage to tracks caused by debris or other job site conditions such as Vandalism, Rock, Rebar, Pipe, Steel, Concrete, etc. If at any time our equipment is stolen or damaged mechanically on the jobsite, you agree to pay all costs to repair or replace damaged or stolen equipment. If equipment is returned excessively dirty there may be a cleaning fee. This does not include normal wear and tear under normal usage.

TERMS AND CONDITIONS: Lessee agrees to rent above referenced equipment at the stated rate, including all transportation charges. Lessor shall not be responsible for any DOWNTIME, loss of time, damage, or injury, to Lessee or any other party caused by, resulting from, or in any way connected with the use or, failure of, including oil spills caused by machine or hose failures, or any defect on the Lessor ’s equipment regardless of cause. In no event, shall the Lessor be responsible for special or consequential damage whatsoever or whosoever caused. Lessee will be responsible for normal servicing and maintenance. Lessee is responsible for any abuse due to lack of any lubricant DEF, COOLANT, and OIL or DIRTY FILTERS. Lessee-+ is responsible for any repairs resulting from lack of these fl uids. Fuel charges will apply for any machine returned with less than a full tank of fuel . Charges may apply to other fluids as well . Lessee will be responsible for damage to TAILGATES, STEP LADDERS, WINDOWS, MIRRORS, POINTS, TEETH, TIRES, CUTTING EDGES an d o r ground engaging tools: above and beyond normal wear. In the event said customer fails to pay for the above equipment or labor, said customer agrees to pay attorney fees, court costs and interest of 2% per month (18% APR) for collection. The terms and conditions herein set forth are agreed by Lessee and Lessor, and the Lessee acknowledges that he or she has fully read and agrees to all these terms and conditions which supersede any purchase order or other writing. This agreement must be signed by an owner or authorized officer of Lessee.

LESSEE OR AGENT LESSOR

CITY OF REDLANDS
C5-82 D8T 909-201-9477
CAT D8T DOZER UNIT # C5-82
Water truck
MOVE IN $700
MOVE OUT $700
12/5/23 7 AM
1950 NEVADA ST
REDLANDS CA 92373

ORDERED BY LOUIE
C5 Equipment Rentals LLC
D- $1,476.66/ W-$5,906.66/ M-$17,720
Eddie Tejeda, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 02-06-24
253 of 857
Redlands Regular Meeting of 02-06-24
254 of 857
City Council Meeting I. 13.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Professional Services Agreement with Community Works Design Group for the design of the City's Sylvan Park BMX Pump Track project for an amount not to exceed $99,279, approve an additional appropriation in the amount of $99,279, and determine that approval of the agreement is exempt from environmental review pursuant to Section 15301 of the State’s Guidelines Implementing the California Environmental Quality Act( Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council find that approval of a Professional Services Agreement with Community Works Design Group for the design of the City's Sylvan Park BMX Pump Track project is exempt from environmental review pursuant to Section 15301 of the State’s Guidelines Implementing the California Environmental Quality Act; and

1. I move that the City Council approve an additional appropriation in the amount of $99,279 from the General Fund Public Benefit Parks and Recreation set aside; and

2. I move that the City Council approve the Professional Services Agreement with Community Works Design Group for the design of the City's Sylvan Park BMX Pump Track project for an amount not to exceed $99,279.

3. RECOMMENDATION:

On March 9, 2023, the Parks and Recreation Advisory Commission unanimously recommended that the City Council direct staff to issue a request for proposal for the design of a BMX pump track and appropriate the necessary funding to pay for the design from the Palmetto Grove Unappropriated Parks funds. On June 6, 2023, City Council further directed staff to solicit proposals for the design of a BMX pump track at Sylvan Park.

Redlands Regular Meeting of 02-06-24
255 of 857
Staff recommends that the City Council approve an additional appropriation of $99,279 and determine that approval of the agreement is exempt from environmental review pursuant to Section 15301 of the State’s Guidelines Implementing the California Environmental Quality Act.

DISCUSSION:

Over the past several years, the Parks and Recreation Commission reviewed and considered many potential projects. As a result, a project priority list was created. The Commission determined that the addition of a BMX pump track at Sylvan Park, adjacent to the skate park, was their top priority project.

On March 9, 2023, the Commission voted to recommend proceeding with design and allocating funds from the Nevada Palmetto Grove fund to fund the project.

The recommendation was considered by City Council and on June 6, 2023, Council directed staff to solicit proposals for the design of a BMX Pump track at Sylvan Park.

The BMX pump track will complement the skate park and provide an additional amenity to the park and the City, utilizing an underdeveloped portion of Sylvan Park just east of the current skate park. A pump track is a circuit of rollers, banked turns, and features designed for "pumping," i.e. generating momentum by up and down body movements, instead of pedaling or pushing. Pump tracks were originally designed for the mountain bike and BMX scene but can also accommodate skate boards, scooters, and other equipment. Pump tracks are relatively simple to use and cheap to construct, and cater to a wide variety of rider skill levels.

Under the direction of City Council, in August 2023, staff advertised a Request for Proposals for the development of drawings and specifications for the Sylvan Park BMX pump track and two responsive proposals were received. A selection committee reviewed and ranked each organization in accordance with the City's procurement policy. Based on these evaluations, Community Works Design Group, was selected as the most highly qualified firm, due to the demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required. Attached to this report is a Professional Services Agreement with Community Works Design Group to perform design services for the City's Sylvan Park BMX Pump Track project for an amount not to exceed $99,279.

ALTERNATIVES:

City Council may elect not to approve the agreement and direct staff accordingly.

Redlands Regular Meeting of 02-06-24
256 of 857
STRATEGIC PLAN:

Priority A - Quality of Life
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Joe Bierma, Administrative Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Account No.: 101303
Discussion:

The remaining available funds within the un-appropriated Nevada Palmetto Grove proceeds fund is $552,741.00
Attachments
A. Professional Services Agreement - Community Works Design Group B. Additional Appropriation Form
Redlands Regular Meeting of 02-06-24
257 of 857
1 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms

AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of design services (“Agreement”) is made and entered in this 6th day of February, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City ”) and Community Works Design Group , LLC a California 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 design 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 practici ng 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 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 Tabitha Crocker, Facilities and Community Services Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, 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 manne r in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by reference.

4.2 Consultant shall complete the Services by August 9 , 2024 , unless the Services are terminated earlier as provided for herein.

4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to Cit y, consistent with City Redlands Regular Meeting of 02-06-24
258 of 857
2 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms 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 not exceed the amount o f Ninety -Nine Thousand Two Hundred Seventy-Nine dollars ($99,279). 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 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 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 fir st 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 Scott Rice, President
City of Redlands Community Works Design Group, LLC
35 Cajon Street 7111 Indiana Avenue, Suite 300
P.O. Box 3005 (mailing) Riverside, CA 92504
Redlands, CA 92373 [email protected]
[email protected] Phone: 951-369-0700
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 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.

Redlands Regular Meeting of 02-06-24
259 of 857
3 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms

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 “ 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 amount of One Million Dollars ($1,000,000) per claim made.

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

E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add su ch 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 from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.

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 Redlands Regular Meeting of 02-06-24
260 of 857
4 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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:

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 s pecified 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

8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in s trict compliance with the terms and conditions of this Agreement. Any 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, Redlands Regular Meeting of 02-06-24
261 of 857
5 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms 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 capaci ty whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to 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, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.

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

Redlands Regular Meeting of 02-06-24
262 of 857
6 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.

CITY OF REDLANDS COMMUNITY WORKS DESIGN GROUP, LLC

By: ___________________________ By: _________________________________ Eddie Tejeda, Mayor Scott Rice, President

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

Redlands Regular Meeting of 02-06-24
263 of 857
7 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms EXHIBIT "A"

SCOPE OF SERVICES

Services will include, but are not limited to:

• A complete set of construction drawings for an asphalt pump track suitable for mountain bikes, bmx bikes, and riders of all skill levels.
• Construction documents
• Engineers Estimate suitable for bidding purposes
• Bid package development
• Construction administration
• Preparing and submitting plans and drawings to the City’s Building & Safety Division.

a. Make corrections to the plans as required, until the Plan Check process is approved and signed off. These plans will be used by a contractor to replace the existing equipment and reconfigure the system. Errors, omissions, unworkable, and/or improper design /drafting shall be corrected by the Consultant at no cost to the City. b. The plans and drawings shall be clear, concise, and complete and shall include, where applicable, the Title Sheet, General Notes and Abbreviations, Civil, Utilities, Structural, Mechanical, Electrical Power, and other appropriate and necessary disciplines. The scales for the plans shall be 1” = 4’ or 8’ (as necessary) and 1” = 20’ or 1” = 40’ for site civil, or utilities plan sheets, if desired.
c. The chosen Consultant shall submit three (3) sets of bound copies of the design drawings, specifications and estimate with each submittal for plan checking to the City, along with the previous redlined check prints.
d. The Title Sheet shall include, but not be limited to: Project title, vicinity (location) map, title block, north arrow, scales, general notes, telephone numbers of utilities and other affected agencies and businesses, sheet index and other required notes and information. e. Detail Plans shall be provided where standard plans are not available or where specific dimensioning cannot be readily shown on the improvement plans or provided by description in the project specifications or as needed to ensure project constructability. f. The design shall be plotted using permanent drafting ink on Mylar and drafted on twenty - four inch by thirty -six inch (24" x 36"). The Final Plans shall be signed by a Registered Architect or Engineer (as appropriate in their discipline specialty) registered in the State of California, and shall be complete and ready for proposal purposes. g. No "stickons" will be allowed. All originals and electronic data are to be considered the property of the City at all times and shall be submitted to the City, along with a CD-RW disk in AutoCAD format, upon completion or as and when directed or any other time when the contract is terminated or temporarily stopped or any other time as directed by the City. h. Technical specifications with applicable standard plans as required to complete the construction documents. City to provide “boiler plate” front end general specifications. i. Prior to preparation of final design plans, successful Vendor shall visit project site.

The Engineer’s estimate shall include quantities, schedule of values, and any other assumptions in support of the estimates. The bid documents shall meet all requirements to obtain all necessary and available permits to perform the construction. The design shall meet all local, state, and federal applicable codes and criteria.

Redlands Regular Meeting of 02-06-24
264 of 857
8 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms EXHIBIT "B"

FEE SCHEDULE

Redlands Regular Meeting of 02-06-24
265 of 857
9 I:\cmo\Agreements\Community Works Design Group, LLC Agreement FY23-0010.docx-ms 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 furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

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

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.

COMMUNITY WORKS DESIGN GROUP, LLC

By: Date: ___________________
Scott Rice, President

Redlands Regular Meeting of 02-06-24
266 of 857
DATE
OF REQUEST:

An a
dditional appropriation is hereby requested as follows:

Department:

JUSTIFICATION:

Requested By:

Recommended By Finance Director: Recommended:

Yes No Signed
Comments: Approved by City Council:

Date:

Signed:

City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-

TRANSACTION
NO:

ACCOUNTING PERIOD:

Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY

OF REDLANDS
REQ

UEST FOR ADDITIONAL APPROPRIATION
FINANC

E USE ONLY
Pag
e 1 of 1
Redlands Regular Meeting of 02-06-24
267 of 857
City Council Meeting I. 14.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Facility Use Agreement with Civil Air Patrol, Redlands Cadet Squadron 411 at the Redlands Municipal Airport for a period of 5 years (Facilities and Community Services Director Crocker) MOTION(S):

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

I move to approve the Facility Use Agreement with Civil Air Patrol, Redlands Cadet Squadron 411 at the Redlands Municipal Airport for a period of 5 years.

RECOMMENDATION:

Staff recommends that City Council approve the Facility Use Agreement with Civil Air Patrol, Redlands Cadet Squadron 411 for use of the Redlands Municipal Airport.

DISCUSSION:

The Civil Air Patrol (CAP) requesting the use of the City's hangar lobby at the Redlands Municipal Airport (REI) for a squadron programming class for the youth. CAP is a congressionally chartered, federally supported, non-profit corporation that serves as the official civilian auxiliary of the United States Air Force (USAF). CAP is a volunteer organization with an aviation-minded membership that includes people from all backgrounds, lifestyles, and occupations.

The requested use at the Redlands Municipal Airport will involve the City Hangar Lobby for one class each week, specifically designated for Thursday evenings from 6:30 p.m. to 9:00 p.m. with occasional weekend use for a term of five years. The use of the Hangar Lobby is not exclusive and will remain open to other users during CAP activities. The attached Facility Use Agreement between Redlands Regular Meeting of 02-06-24
268 of 857
other users during CAP activities. The attached Facility Use Agreement between the City and CAP is a no-cost agreement where the organization provides volunteer support to REI projects, facilities, and events and, in turn, is permitted to utilize space for meetings and activities. The agreement will allow for Civil Air Patrol, Redlands Squadron 411 to base a squadron of cadets in Redlands and in turn make the program available to Redlands youth, enhancing opportunities for aviation education and involvement. This agreement is an opportunity to showcase the City's airport assets to the next generation of potential pilots and aviation enthusiasts.

Civil Air Patrol (CAP) carries out three vital congressional missions: emergency services encompassing air and ground search and rescue, as well as disaster relief; aerospace education for both youth and the general public; and cadet programs designed for teenagers. Through these missions, the Civic Air Patrol program offers a multitude of benefits that are instrumental in serving the City of Redlands, such as:

Youth Development: By encouraging and nurturing an interest in aviation among our youth, this program not only provides valuable skills but also fosters a passion for aviation, potentially inspiring future leaders in the field.

Community Engagement: Active involvement with the Civic Air Patrol cultivates a profound sense of service within our community, extending goodwill to both our residents and the entire City of Redlands. The program acts as a bridge, connecting our residents with the City of Redlands Airport, promoting increased participation and comprehension, and ultimately fostering a harmonious relationship between the airport and the local community.

Emergency Assistance: The Civic Air Patrol stands ready as a valuable resource in times of emergency, bolstering the city's response and rescue capabilities.

While sponsored by the USAF, CAP is not a reserve component of the Air Force or the federal government. Membership includes cadets aged 12 to 20 and senior members aged 18 and up. These two groups engage in various activities, with the Cadet program following a structured syllabus based on United States Air Force ranks and pay grades, while senior members serve as instructors, supervisors, and operators. Similar programs and use agreements are also available in Riverside, Hemet, Ontario, Upland, and Fullerton.

ALTERNATIVES:

City Council may choose not to approve the Facility Use Agreement and direct staff accordingly.

Redlands Regular Meeting of 02-06-24
269 of 857
STRATEGIC PLAN:

Supports Priority A - Quality of Life
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Donald Craw, Sr. Manager, FCS
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: N
Discussion:

There is no cost or fiscal impact associated with this agreement.

Attachments
Agreement
Certificate of Insurance
Redlands Regular Meeting of 02-06-24
270 of 857
1 I:\cmo\Agreements\Civil Air Patrol Facility Use Agreement FY23-0014.docx-ms

CITY OF REDLANDS

FACILITY USE AGREEMENT

This Facility Use Agreement ("Agreement") dated the 6th day of February, 202 4, (“Effective Date”), by and between the City of Redlands, a municipal corporation ("City"), and Civil Air Patrol , ("CAP") a District of Columbia nonprofit corporation (for the benefit of the Redlands Cadet Squadron 411). City and CAP are sometimes individually referred to herein as a "Party" and, together, as the "Parties."

ARTICLE 1. PREMISES

Section 1.01. City agrees to permit CAP to use the City hangar lobby at the Redlands Municipal Airport (REI), Redlands, California (the “Premises”) on the terms and conditions hereinafter set forth.

ARTICLE 2. TERM

Section 2.01. This Agreement shall be for a term of five (5) years commencing on its Effective Date, unless earlier terminated as provided for herein.

Section 2.02. Either Party may terminate this Agreement, without cause, by providing thirty (30) days prior written notice to the other Party specifying the date for termination of this Agreement.

ARTICLE 3. RENT

Section 3.01. Except as provided in Section 4.02, below, upon execution of this Agreement, City will waive the use fee for CAP’s use of the Premises during the term of this Agreement. CAP shall assume full responsibility for its personal property used at the Premises, and shall hold City harmless for any theft, damage, and other incidents relating to CAP’s personal property, unless due to the negligence of the City.

Section 3.02. CAP shall support the operation of REI by performing volunteer services and activities to better the premises, support events , and activities at REI, and promote aviation activities at REI for young residents of Redlands.

ARTICLE 4. USE OF PREMISES

Section 4.01. Scope of Use. The Premises shall be used for the exclusive purpose of operating Cadet programs and training and providing an opportunity for youths to explore aviation. CAP shall not use or permit the Premises to be used for any other purpose without the prior written consent of City. CAP will submit a quarterly proposed schedule for review and approval by the Airport Supervisor.

Redlands Regular Meeting of 02-06-24
271 of 857
2 I:\cmo\Agreements\Civil Air Patrol Facility Use Agreement FY23-0014.docx-ms

Section 4.02. Operation of Business. During the term of this Agreement, CAP shall, unless prevented by conditions beyond its control, conduct business of the type and nature specified in Section 4.01 of this Agreement on the Premises in a safe and business-like manner. The Premises shall be used only for the time and dates approved for CAP by the Airport Supervisor and shall not exceed 260 hours annually. CAP shall assume full responsibility for its personal property used at the Premises and shall hold City harmless for any theft or damage relating to CAP’s personal property.

Section 4.03. Volunteers. As part of the facilities agreement, CAP will provide volunteers to perform administrative and field service activities at REI.

Section 4.0 4. User Responsibility . CAP shall be solely responsible for any set up and cleaning associated with its use of the Premises and shall maintain the Premises in a clean and litter free manner.

Section 4.05. Insurance Hazards. CAP shall not commit, or permit the commission of, any acts on the Premises, or use or permit the use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. CAP shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises.

Section 4.06. Waste or Nuisance . CAP shall not commit, or permit the commission by others, of any waste on the Premises. CAP shall not maintain, commit, or permit the maintenance or commission of any nuisance on the Premises, and CAP shall not use or permit the use of the Premises for any unlawful purpose.

Section 4.07. Compliance with Laws. CAP shall, at CAP’s sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state and county or municipal, relating to CAP’s use and occupancy of the Premises for CAP’s operation of business whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by CAP in a proceeding brought against CAP by any government entity that CAP has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and CAP and shall constitute grounds for termination of this Agreement by City.

ARTICLE 5. INDEMNITY AND INSURANCE

Section 5.01 . CAP shall defend, indemnify, and hold harmless City, and its elected officials, officers, employees, and agents from and against any and all claims, causes of action, damages and liability resulting from CAP’s negligent acts or omissions, and the willful misconduct of CAP, and that of CAP’s agents, employees and invitees, during CAP’s occupation and use of the Premises during the term of this Agreement. This section shall survive any termination or expiration of this Agreement.

Redlands Regular Meeting of 02-06-24
272 of 857
3 I:\cmo\Agreements\Civil Air Patrol Facility Use Agreement FY23-0014.docx-ms

Section 5.02 . City shall defend, indemnify, and hold harmless CAP, and its elected officials, officers, employees, and agents from and against any and all claims, causes of action, damages and liability resulting from City’s negligent acts or omissions, and the willful misconduct of City, and that of City’s agents, employees and invitees, during CAP’s occupation and use of the Premises during the term of this Agreement. This section shall survive any termination or expiration of this Agreement.

Section 5.03. CAP shall maintain, at its own cost for the term of this Agreement, public liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, issued by an insurance company acceptable to City.

CAP shall provide City with a certificate of insurance and endorsements evidencing City as an additional insured on the policy prior to CAP’s use and occupancy of the Premises. Such insurance shall be primary with respect to City and non -contributory to any insurance or self -insurance maintained by City. The policy shall specify that, before amending or canceling the policy, the issuing insurance company shall give City at least thirty (30) days prior written notice. City and CAP acknowledge and agree that the insurance required of CAP is subject to annual review by City and subject to increases in the amount and scope of coverage, as reasonably determined by City.

Section 5.04. CAP shall maintain, at its own cost, 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 “A,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to use of Premises.

ARTICLE 6. TAXES AND UTILITIES

Section 6.01. City shall pay, and hold CAP free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities provided to the Premises during the term of this Agreement.

ARTICLE 7. ASSIGNMENT PROHIBITED

Section 7.01. This Agreement is personal to CAP. CAP shall not encumber, assign, sublease or otherwise transfer this Agreement, or any right or interest therein, without the prior written consent of City. Any encumbrance, assignment, sublease or transfer without such prior written consent of City shall cons titute an immediate breach of this Agreement and may notwithstanding any other provision of this Agreement and at the sole discretion of City, result in the immediate termination of this Agreement.

Redlands Regular Meeting of 02-06-24
273 of 857
4 I:\cmo\Agreements\Civil Air Patrol Facility Use Agreement FY23-0014.docx-ms

ARTICLE 8. ATTORNEYS’ FEES

Section 8.01. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, incl uding fees for use of in -house counsel by a Party.

ARTICLE 9. NOTICES

Section 9.01. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other addre ss as a party may provide notice in accordance with this section:

CITY OF REDLANDS CIVIL AIR PATROL
Tabitha Crocker, Director General Counsel
P.O. Box 3005 105 South Hansell St., Building 714
Redlands, CA 92373 Maxwell AFB AL, 36112
[email protected]

ARTICLE 10. TERMINATION

Section 10.01. In the event of any breach of this Agreement by CAP, in addition to any other rights or remedies City may have, City shall have the option of immediately terminating this Agreement. All remedies of City under this section shall be cumulative and in addition to any other legal or equitable rights and remedies which City may have.

ARTICLE 11. ENTIRE AGREEMENT

Section 11.01. No waiver but either Party of any provision of this Agreement, or waiver of any breach of this Agreement, shall be deemed to be a waiver of any other provision of this Agreement, or of any subsequent breach by either Party of the same of any other provision of this Agreement.

Redlands Regular Meeting of 02-06-24
274 of 857
5 I:\cmo\Agreements\Civil Air Patrol Facility Use Agreement FY23-0014.docx-ms

Executed as of the 6th day of February 2024, at Redlands, California.

CITY OF REDLANDS CIVIL AIR PATROL

Eddie Tejeda, Mayor 1st Lt Randall Layne
City of Redlands Civil Air Patrol

ATTEST:

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 02-06-24
275 of 857
6 I:\cmo\Agreements\Civil Air Patrol Facility Use Agreement FY23-0014.docx-ms

EXHIBIT "A"

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State.

(b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self - insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

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

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

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

CIVIL AIR PATROL Date:

By:
1st Lt Randall Layne
Civil Air Patrol
Redlands Regular Meeting of 02-06-24
276 of 857
SUBROGATION WAIVED? (Y / N)
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

CONTRACTUAL LIABILITY

ADVERTISING LIABILITY

PERSONAL INJURY LIABILITY

PREMISES MEDICAL PAYMENTS

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

CANCELLATION

AUTHORIZED REPRESENTATIVE

CERTIFICATE HOLDER

LIMIT APPLIES TOAPPLIES TOLIMITOPTIONS

EXCLUDEDINCLUDED

AGGREA OCC

FIRE LEGAL LIABILITY ANY ONE FIRE

IN FLIGHT

EA OCCEA AIRCRAFT

INCLUDING TAXIHANGARKEEPERS

LEGAL LIABILITY
AGGR
EA OCC

BI EA PEREXTENDEDCOMPLETED

OPERATIONS

LIABILITY
AGGR
EA OCC

BI EA PER

EXTENDED

SALE OF FUEL & OIL

PRODUCTS LIABILITY
EA OCCEA PER$
EA OCC

PDBI EA PER

LIMIT APPLIES TOAPPLIES TOLIMIT

DESCRIPTIONCODE

OPTIONSCOVERAGE

EXPIRATION DATEEFFECTIVE DATEINSURER LETTER
INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. %INSURER(S) AFFORDING COVERAGE NAIC #
INSURER F :

NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

CUSTOMER ID #:

PRODUCER

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:AIRPORT & FBO LIABILITY COVERAGES ADDITIONAL INSURED? (Y / N)POLICY NUMBER
DESCRIPTION OF OPERATIONS / REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

PREMISES LIABILITY

CERTIFICATE OF AVIATION LIABILITY INSURANCE

DATE (MM/DD/YYYY)
1/2/2024
AssuredPartners Aerospace
4582 S
. Ulster St, #600
Denver, CO 80237
Old Republic Insurance Company 50 24147
Starr Indemnity & Liability Company 50 38318
A AV 048517 21 10/1/2023 10/1/2024
✓ 10,000,000
25,000
10,000,000
10,000,000
10,000,000
10,000,000
10,000,000
10,000,000
10,000,000 10,000,000
10,000,000 10,000,000
✓
EXCESS AUTO 3,000,000 EXCESS OF 2,000,000 PRIMARY
EXCESS EMPLOYER 3,000,000 EXCESS OF 1,000,000 PRIMARY
IND CONTRACTORS 10,000,000 EA OCC 10,000,000 AGGREGATE
AIRCRAFT LIABILITY 10,000,000 EA OCC
Kerin Dodd
Civil Air Patrol
Gener
al Counsel
105 South Hansell St., Building 714
Maxwell AFB AL 36112
78025756
N N
City of Redlands Airport
1755 Sessums Dr
.

Redlands CA 92374
Certificate Holder is included as additional insured but only with respects operations of the Named Insured. Certificate Holder is not covered for claims arising out of their liability as a manufacturer, seller, handler, distributor or service facility of any product or service sold, handled, distributed or provided.
78025756 | 23-24 GL Coverages | Giff Treybig | 1/2/2024 8:09:37 AM (MST) | Page 1 of 1 Redlands Regular Meeting of 02-06-24
277 of 857
City Council Meeting I. 15.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Facility Use Agreement with the AARP Foundation for use of the Community Center and Joslyn Senior Center to provide tax assistance and a driver safety program to senior citizens and determine that approval of the agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine that approval of the Facility Use Agreement with the AARP Foundation is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act, and

1. I move that the City Council approve the Facility Use Agreement with the AARP Foundation.

2. RECOMMENDATION:

Staff recommends that the City Council approve the Facility Use Agreement with the AARP Foundation ("AARP"). In addition, staff recommends that the City Council determine that approval of the agreement is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act.

Redlands Regular Meeting of 02-06-24
278 of 857
DISCUSSION:

Since 1968, the AARP volunteer-based tax assistance program has helped nearly 50 million low-to moderate-income taxpayers across the nation. The program offers free tax preparation assistance, and is particularly geared toward those who are 50 and older, offering access to a team of IRS-certified volunteers at no fee. In addition, the driver safety course is designed to help refresh driving skills, such as reducing driver distractions, maintaining proper following distance, and adjusting driving to compensate for age-related physical changes.

The attached Facility Use Agreement ("Agreement") with AARP allows for use of the large multipurpose room located at 21 Grant Street at the Joslyn Senior Center, and the multipurpose room and small classroom located at the Community Center at 111 W. Lugonia Avenue ("Premises"). With the approval of the Agreement, the Recreation Division and the AARP will continue its partnership that allows AARP use of the Premises to provide tax assistance to senior citizens and a driver safety program. In past partnerships with the City, the AARP was able to help over 350 people per year with their income taxes and drive safety course.

The Agreement begins a new agreement term between the City and AARP. The new Agreement is attached for the City Council's consideration. Furthermore, the approval of the Agreement is categorically exempt from environmental review in accordance with California Environmental Quality Act Section 15061 (b)(3). Section 15061 (b)(3) refers to the leasing of existing city facilities.

Approval of the Agreement authorizes the use of an existing city facility and will not result in the expansion of the existing or former use.

ALTERNATIVES:

The City Council may deny the approval of the Agreement.

STRATEGIC PLAN:

Supports Objective E-8: Enhance recreational program services 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
Redlands Regular Meeting of 02-06-24
279 of 857
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
PREPARED BY:

Dave Jaffe, Recreation Supervisor
Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

Should the Agreement be approved, the per hour room fee which covers staff time will be waived. Based on the reported numbers from the previous fiscal year, the value of the room use fees which would normally be collected amounts to $810.00 per year.

Attachments
AARP Letter
Agreement
Redlands Regular Meeting of 02-06-24
280 of 857
Redlands Regular Meeting of 02-06-24
281 of 857
1 I:\cmo\Agreements\AARP Foundation Facility Use Agreement FY23-0008.docx-ms

FACILITY USE AGREEMENT

This Facility Use Agreement (“Agreement”) is made and entered into this 6 th day of February, 2024 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”), and the AARP Foundation, a District of Columbia corporation (“AARP”). City and AARP are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

ARTICLE 1. PREMISES

1.1 City agrees to permit AARP to use City’s auditorium, consisting of approximately two thousand five hundred fifty three (2,553) square feet within the Redlands Joslyn Senior Center located at 21 Grant Street, Redlands, California and City’s multi -purpose room, consisting of approximately one thousand eight hundred forty eighty (1,848) square feet, and City’s small classroom, consisting of approximately eight hundred thirty six (836) square feet within the Redlands Community Center, located at 111 West Lugonia Avenue, Redlands, California (collectively, the “Premises”) on the terms and conditions hereinafter set forth.

ARTICLE 2. TERM

2.1 This Agreement shall be for a term of three (3) years commencing on its Effective Date, unless earlier terminated as provided for herein.

2.2 Either Party may terminate this Agreement, without cause, by providing ninety (90) days prior written notice to the other Party specifying the date for termination of this Agreement.

ARTICLE 3. RENTAL FEE

3.1 Except as provided in Section 4.2 below, City will waive the City’s per hour facility rental fee, and the per hour staff attendant fee, in connection with AARP’s use of the Premises during the term of this Agreement.

ARTICLE 4. USE OF PREMISES

4.1 The Premises shall be used for the exclusive purpose of providing tax assistance to senior citizens and the driver safety program. AARP shall not use or permit the Premises to be used for any other purpose without the prior written consent of City.

4.2 During the term of this Agreement, AARP shall, unless prevented by conditions beyond its control, conduct business of the type and nature specified in Section 4.1 of this Agreement on the Premises in a safe and business-like manner. The Premises shall be used only for the time and dates approved for AARP, as identified on City’s Facility Rental form for the same. In the event that scheduling modifications are necessary, AARP shall make a forty-five (45) day advance schedule change request to City indicating the proposed modification. City shall respond to such requests within two (2) weeks of receipt. City may charge AARP a fee in the amount of sixty-one dollars ($61.00) per hour for any scheduling changes made by AARP without the aforementioned forty-five (45) day notice.

Redlands Regular Meeting of 02-06-24
282 of 857
2 I:\cmo\Agreements\AARP Foundation Facility Use Agreement FY23-0008.docx-ms AARP shall assume full responsibility for its personal property used at the Premises, and shall hold City harmless for any theft or damage relating to AARP’s personal property.

4.3 AARP shall be solely responsible for any set up and cleaning associated with its use of the Premises, and shall maintain the Premises in a clean and litter-free manner.

4.4 AARP shall not commit, or permit the commission of, any acts on the Premises, or use or permit the use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. AARP shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises.

4.5 AARP shall not commit, or permit the commission by others, of any waste on the Premises.

AARP shall not maintain, commit , or permit the maintenance or commission of any nuisance on the Premises, and AARP shall not use or permit the use of the Premises for any unlawful purpose.

ARTICLE 5. INDEPENDENT CONTRACTOR

5.1 It is the express intention of the Parties that AARP is, and shall remain during the term of this Agreement, an independent contractor and not be an agent or employee of City. AARP represents to City that is free from the control of City as to how AARP’s services are provided to the public; the services provided by AARP are not part of City’s business, and AARP is providing the same or similar Services to other persons and entities through AARP’s own business, or through other businesses; and that AARP agrees its provision of the services within the Premises is not AARP’s sole source of business. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between AARP and City. The Parties acknowledge that AARP is not a City employee for State tax, Federal tax, or any other purpose.

ARTICLE 6. COMPLIANCE WITH LAWS

6.1 AARP shall, at AARP’s sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state and county or municipal, relating to AARP’s use and occupancy of the Premises for AARP’s operation of business whether those statutes, ordinances, regulations , and requirements are now in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by AARP in a proceeding brought against AARP by any government entity that AARP has violated any such statute, ordinance, regulation , or requirement shall be conclusive as between City and AARP and shall constitute grounds for termination of this Agreement by City.

ARTICLE 7. INDEMNITY AND INSURANCE

7.1 AARP shall defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against any and all claims, causes of action, damages and liability resulting from AARP’s negligent acts or omissions, and the willful misconduct of AARP, and that of AARP’s agents, employees and invitees, during AARP’s occupation Redlands Regular Meeting of 02-06-24
283 of 857
3 I:\cmo\Agreements\AARP Foundation Facility Use Agreement FY23-0008.docx-ms and use of the Premises during the term of this Agreement. This section shall survive any termination or expiration of this Agreement.

A. Comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage 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. City shall be names as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.

A certificate of insurance with endorsements evidencing such coverage shall be provided to City prior to AARP’s occupancy of the Premises.

B. 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 AARP is self-insured or exempt from the worker’s compensation laws of the State of California. AARP shall provide City with Exhibit “A,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises.

C. AARP shall defend, indemnify and hold harmless City, and its elected officials, officers, employees, agents, and volunteers, from any and all damages, costs, suits, claims, losses and liability for injury to persons including death, and damage to property, arising out of, or in connection with, any act or omission of AARP or its officers, employees, agents or volunteers, in connection with operation of its business at the Premises.

ARTICLE 8. TAXES AND UTILITIES

8.1 City shall pay, and hold AARP free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities provided to the Premises during the term of this Agreement. AARP shall pay, and hold City free and harmless from, all charges for telephone usage by AARP at the Premises.

ARTICLE 9. ATTORNEYS’ FEES

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

ARTICLE 10. NOTICES

10.1 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 delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mai l; 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:

Redlands Regular Meeting of 02-06-24
284 of 857
4 I:\cmo\Agreements\AARP Foundation Facility Use Agreement FY23-0008.docx-ms

CITY: AARP:

City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
[email protected]
(909) 798-7531
Eula T. Mills
District Coordinator 3850
Atlantic Ave, #246
Highland, CA 92346
[email protected]
(909) 425-9103

ARTICLE 11. MISCELLANEOUS

11.1 AARP shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement, or any right or interest in the Premises or any improvements that may now or hereafter be constructed or installed on the Premises. Any encumbrance, assignment, transfer or subletting by AARP without the prior written consent of City, whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the City, result in immediate termination of this Agreement.

11.2 This Agreement constitutes the entire agreement between City and AARP respecting AARP’s use of the Premises, and correctly sets forth the obligations of City and AARP to each other as of its Effective Date. Any agreements or representations between the Parties respecting the Premises not expressly set forth in this Agreement are null and void.

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

11.4 This Agreement may be terminated by either Party by giving ninety (90) days prior written notice to the other Party.

Executed as of the 6th day of February 2024, at Redlands, California.

CITY OF REDLANDS AARP

Eddie Tejeda, Mayor
Eula T. Mills, District Coordinator

ATTEST:

Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 02-06-24
285 of 857
5 EXHIBIT "A"

WORKERS’ COMPENSATION INSURANCE CERTIFICATION

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

CHECK ONE

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.

AARP Date:

By:

Eula T. Mills , District Coordinator
Redlands Regular Meeting of 02-06-24
286 of 857
City Council Meeting J. 1.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Annual Report of the Airport Advisory Board by Chair Jason Golembeski (Facilities and Community Services Director Crocker) DISCUSSION:

For this evening's City Council Meeting, Chair Jason Golembeski will be presenting the Airport Advisory Board's Annual Report.

Redlands Regular Meeting of 02-06-24
287 of 857
City Council Meeting J. 2.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Annual Report of the Street Tree Committee by Vice Chair Christine Sedmack (Facilities and Community Services Diretor Crocker) DISCUSSION:

For this evening's City Council meeting, Vice Chair Christine Sedmack will present the Street Tree Committee Annual Report.

Redlands Regular Meeting of 02-06-24
288 of 857
City Council Meeting J. 3.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Conference Report- 2024 League of California Cities Mayors and Council Members Academy (Council Member Saucedo)
DISCUSSION:

For this evening’s City Council Meeting, Council Member Saucedo will provide a report relating to his attendance at the 2024 League of California Cities Mayors and Council Members Academy held January 24-26, 2026 in Monterey, California.

Attachments
Mayors and Council Members Academy Conference Program
Your Cal Cities
Financial Responsibilities
Effective Advocacy
Redlands Regular Meeting of 02-06-24
289 of 857
Jan. 24-26, 2024
Monterey, CA
Mayors and Council
Members ACADEMY
Redlands Regular Meeting of 02-06-24
290 of 857
League of California Cities 2024 Mayors and Council Members Academy1 NOTES
__________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Find session materials online at
www.calcities.org/MCMAwww.calcities.org/MCMA
WiFi Network: Marriott Events
Passcode: Calcities24
Redlands Regular Meeting of 02-06-24
291 of 857
League of California Cities 2024 Mayors and Council Members Academy2 8:00 a.m. - 5:00 p.m. R egistration Open
San Carlos Foyer
9:00 - 11:00 a.m. Har assment Prevention Training for Supervisors and Officials (AB 1661) San Carlos III-IV
Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.

This informational and interactive workplace harassment prevention training will focus on current and emerging issues and teach officials and supervisors how to identify, prevent, and properly respond to workplace harassment, discrimination, retaliation, and abusive conduct in order to avoid personal and agency liability in compliance with AB 1825, AB 2053, AB 1661 and SB 396.

The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881 Speakers: Emily Gifford, Associate Attorney, Richards, Watson & Gershon Amy Greyson, Senior Attorney, Richards, Watson & Gershon 11:30 a.m. - 12:30 p.m. Y our Cal Cities and How To Use It San Carlos III-IV
As a city official, you are the League of California Cities. Meet the Cal Cities leadership team and learn about the organization’s mission and structure, the advocacy and educational tools Cal Cities provides, and how you can get the most out of your membership.

Opening Remarks: Melissa Hunt, President, Mayors and Council Members Department and Vice Mayor, Anderson
Moderator: Jennifer Whiting, Director of Education and Member Services, League of California Cities Speakers: Carolyn Coleman, Executive Director and CEO, League of California Cities Daniel Parra, President, League of California Cities and Mayor, Fowler 12:30 - 1:45 p.m. Netw orking Luncheon with your Divisions Take this opportunity to sit with members of your regional division, and meet your Cal Cities Regional Public Affairs Manager.

Ferrantes Bay View, 10th Floor: Central Valley, East Bay, Monterey Bay, North Bay, Peninsula, Redwood, Sacramento Valley, South San Joaquin Valley
San Carlos I-II: Channel Counties, Desert Mountain, Inland Empire, Los Angeles County, Orange County, Riverside County
2:00 - 3:30 p.m. De veloping an Effective City Council and City Manager Team: The Key to Good Governance and City Success
San Carlos III-IV
Successful communities require highly effective governance and management, key to which is a positive city council/city manager working relationship guided by good, open communication. This session will help you to better appreciate the roles that the city council governing body, individual council members, and the city manager fulfill in a successful working relationship based on effective communication and sound governance practices.

Moderator: Pat Martel, West Coast Regional Director, ICMA Speakers: Hans Uslar, City Manager, Monterey
Tyller Williamson, Mayor, Monterey
3:45 - 5:15 p.m. Y our Legal Powers and Obligations; Open Government and Conflicts of Interest San Carlos III-IV
You were elected to make things happen in your city. Learn the breadth and limitations of your powers as a city official. Then, acquire a basic understanding of the legal authorities and restrictions under which cities and city officials operate, with a focus on open government laws, such as the Brown Act and the Public Records Act, and laws pertaining to conflicts of interest.

Moderator: Kuldip Thusu, Second Vice President, Mayors and Council Members Department and Council Member, Dinuba
Speakers: Thomas B. Brown, Of Counsel, Burke Williams & Sorensen LLP Joseph Montes, Partner, Burke, Williams & Sorensen LLP
WEDNESDAY, JAN. 24
Redlands Regular Meeting of 02-06-24
292 of 857
League of California Cities 2024 Mayors and Council Members Academy3 THURSDAY, JAN. 25
7:30 a.m. - 5:00 p.m. R egistration Open
San Carlos Foyer
7:30 - 9:00 a.m. Netw orking Breakfast
San Carlos I-II
9:00 - 10:15 a.m. P olicy Role in Land Use Planning
San Carlos III-IV
Land use planning is one of the most important parts of a city official’s responsibilities due to the long-term impacts it can have on a community’s environment, economic vitality, and the physical health of its residents. Learn about tools and processes in land use planning, such as the general plan, zoning, and the California Environmental Quality Act, as well as the role of regional agencies and the state. This knowledge will help you foster a solid working relationship with your city’s planning commission and planning staff.

Moderator: Susannah Meyer, Immediate Past President, Mayors and Council Members Department and Vice Mayor, Brentwood
Speakers: Eric A. Nelson, Planning Commissioner, Dana Point Mark Teague, Managing Principal, PlaceWorks
10:30 a.m. - noon Eff ective Advocacy and Key City Issues San Carlos III-IV
Meet the League of California Cities’ legislative team and learn about the 2023 Cal Cities Action Agenda, legislative calendar, and trending issues in the Legislature. The Cal Cities team will also share ideas for establishing practical skills to develop persuasive arguments and testimony that will serve your city’s interests.

Moderator: Jason Rhine, Director of Legislative Affairs, League of California Cities Speakers: Damon Conklin, Legislative Representative, League of California Cities Caroline Grinder, Legislative Representative, League of California Cities Johnnie Piña, Legislative Representative, League of California Cities Jennifer Quan, Regional Public Affairs Manager, Los Angeles County Division Sara Sanders, Regional Public Affairs Manager, Redwood Empire Division Melissa Sparks-Kranz, Legislative Representative, League of California Cities Ben Triffo, Legislative Representative, League of California Cities Jolena Voorhis, Legislative Representative, League of California Cities noon - 1:15 p.m. Netw orking Lunch
Find your lunch room below and network with colleagues of similar city sizes.

Ferrantes Bay View, 10th Floor: City population under 60,000 San Carlos I-II: City population over 60,000
1:30 - 3:00 p.m. Social Media / Digital C ommunications and Civic Engagement San Carlos III-IV
With constant advancements in social media over the last several years, it can be hard to keep up with the “do’s and don’ts” of every platform. Moreover, as misinformation increases, elected officials need to be quick on their feet and have the necessary skills to proactively manage public perceptions about local governmental affairs. Discover what cities should be doing to communicate with their constituents in the 21st century, and the rules that elected officials must follow.

Moderator: Debbie S. Baker, First Vice President, Mayors and Council Members Department and Council Member, La Palma
Speakers: Gena Burns, Partner, Burke, Williams & Sorensen, LLP Brandon Castillo, Partner, Bicker, Castillo, Fairbanks & Spitz Redlands Regular Meeting of 02-06-24
293 of 857
League of California Cities 2024 Mayors and Council Members Academy4 2023 – 2024 Mayors and Council Members Department Officers President, Melissa Hunt, Vice Mayor, Anderson
First Vice President, Debbie Baker, Council Member, La Palma Second Vice President, Kuldip Thusu, Council Member, Dinuba Department Director, Lori Ogorchock, Council Member, Antioch Immediate Past President, Susannah Meyer, Vice Mayor, Brentwood THURSDAY, JAN. 25
3:15 - 4:45 p.m. Financial R esponsibilities, City Revenues Workshop (Part 1) San Carlos III-IV
Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session.

Speakers: Michael Coleman, Fiscal Policy Advisor, CaliforniaCityFinance.com Christina Turner, City Manager, Morgan Hill
5:00 - 6:00 p.m. Netw orking Reception Planned with
San Carlos Foyer
Take this opportunity to network with your peers from throughout the state after a full day of educational sessions.

League of California Cities Executive Committee
President, Daniel Parra, Mayor, Fowler
First Vice President, Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga Second Vice President, Gabe Quinto, Council Member, El Cerrito Immediate Past President, Ali Sajjad Taj, Mayor Pro Tem, Artesia Executive Director and CEO, Carolyn Coleman, League of California Cities Redlands Regular Meeting of 02-06-24
294 of 857
League of California Cities 2024 Mayors and Council Members Academy5 FRIDAY, JAN. 26
7:15 - 11:00 a.m. R egistration Open
San Carlos Foyer
7:15 - 8:15 a.m. Netw orking Breakfast
San Carlos I-II
8:15 - 9:45 a.m. Financial R esponsibilities, City Revenues Workshop (Part 2) San Carlos III-IV
Learn about your responsibilities as an elected official when exercising fiduciary accountability and transparency in open government. In this enlightening conversation, discuss the local government financial cycle, elected official financial oversight duties, and state and local funding relationships, and the four stages of fiscal meltdown. Plus, learn how to be a better leader by discovering how to avoid micromanagement and manage complacency. The importance of structurally balanced budget tips for setting city council goals and the need for financial policies will be stressed during this session.

Closing Remarks: Debbie S. Baker, First Vice President, Mayors and Council Members Department and Council Member, La Palma
Speakers: Michael Coleman, Fiscal Policy Advisor, CaliforniaCityFinance.com Christina Turner, City Manager, Morgan Hill
10:15 a.m. - 12:15 p.m. Unders tanding Public Service Ethics Laws and Principles (AB 1234) San Carlos III-IV
Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.

State law requires elected and appointed officials to receive two hours of training in specified ethics laws and principles every two years. Newly elected and appointed officials must receive this training within one year of becoming a public servant. Join a panel of experts as they help navigate the ethics laws and principles.

SHARE YOUR
THOUGHTS!
Send us your feedbackfeedback
on the Academy by
scanning this QR code.

Redlands Regular Meeting of 02-06-24
295 of 857
League of California Cities 2024 Mayors and Council Members Academy6

FLOOR PLAN
Save The Dates:
2024 CITY LEADERS SUMMIT
APR. 17-19 | SACRAMENTO
2024 ANNUAL CONFERENCE AND EXPO
OCT. 16-18 | LONG BEACH CONVENTION CENTER
2025 (Nor Cal) MAYORS AND COUNCIL MEMBERS ACADEMY
JAN. 22-24 | SACRAMENTO
2025 (So Cal) MAYORS AND COUNCIL MEMBERS ACADEMY
JAN. 29-31 | GARDEN GROVE

MEZZANINE FLOOR

WHEELCHAIR ELEVATOR

SAN CARLOS I-II
Meals

SAN CARLOS III-IV
General Session

ELEVATORS
STAIRS

FRANKLIN STREET
STAIRS
MEN
WOMEN
STAIRS
STAIRS

SAN CARLOS BALLROOM FOYER

DEL MONTE AVENUE

ELEVATORS
STAIRS
STAIRS

CALLE PRINCIPAL STREET

RESTROOMS FERRANTES BAY VIEW
Please check program
for your specific lunch location
Please check program
for your specific lunch location
Lunch
10th FLOOR
Registration
Redlands Regular Meeting of 02-06-24
296 of 857
Strengthening California Cities
through Advocacy and Education
Redlands Regular Meeting of 02-06-24
297 of 857
Strengthening California Cities
through Advocacy and Education
Your Cal Cities and
How to Use it
Jan. 24, 2024
Daniel Parra, President, Cal Cities
Mayor, Fowler
Carolyn Coleman
Executive Director and CEO, Cal Cities
Redlands Regular Meeting of 02-06-24
298 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Welcome!
Redlands Regular Meeting of 02-06-24
299 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Today’s roadmap
• Who we are
• What we do
• How to get the most
from Cal Cities
Redlands Regular Meeting of 02-06-24
300 of 857
Redlands Regular Meeting of 02-06-24
301 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Cal Cities Mission
To expand and protect local control for cities through
education and advocacy to enhance the quality of life
for all Californians.

Redlands Regular Meeting of 02-06-24
302 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Who we are
476 58 16 10 5
Member
Cities
Board
Members
Regional
Divisions
Municipal
Departments
Diversity
Caucuses
Redlands Regular Meeting of 02-06-24
303 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Cities by population size
• 105 cities under 10,000
• 199 cities with between 10,000 -50,000
• 104 cities between 50,000-100,000
• 51 cities between 100,000-200,000
• 17 cities between 200,000-500,000
• 6 cities between 500,000-4 million
Redlands Regular Meeting of 02-06-24
304 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Cal Cities Officers
Daniel Parra,
President
Mayor, Fowler
Lynne Kennedy,
First Vice President
Mayor Pro Tem, Rancho
Cucamonga
Gabe Quinto,
Second Vice President
Council Member, El
Cerrito
Ali Sajjad Taj ,
Immediate Past President
Mayor Pro Tem, Artesia
Carolyn Coleman
Executive Director and
CEO, League of
California Cities
Redlands Regular Meeting of 02-06-24
305 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org
Inside Cal Cities
Redlands Regular Meeting of 02-06-24
306 of 857
The Cal Cities Team
More than 70 staff serve members in the following areas:
• Executive
• Finance and Operations
• Advocacy
• Public Affairs
• Strategic Communications and Marketing
• Education and Member Services
• Legal
• Institute for Local Government
Redlands Regular Meeting of 02-06-24
307 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org What we do
Legislative and ballot measure
advocacy
• Protect the common interests of cities
statewide.
• Protect and promote local decision-
making.
• Seek and protect state and federal
funding to support cities.

Redlands Regular Meeting of 02-06-24
308 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org What we do
Legal advocacy
• Represent the interest of California cities
in federal and state courts.
• File friend-of-the-court briefs and letters
in appellate courts and with state
Attorney General for cases affecting
city authority.
• Utilize the Legal Advocacy Committee,
comprised of municipal attorneys, to
inform Cal Cities decision-making on
which cases and Attorney General
opinions merit statewide support.

Redlands Regular Meeting of 02-06-24
309 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org What we do
Member Services
• Conferences, seminars, roundtables,
and academies designed for city
officials to learn about new and
emerging practices and to exchange
ideas.
• Webinars on priority policy and legal
issues.
• Listservs for professional departments
that allow the sharing of ideas and
exchange of information.

Redlands Regular Meeting of 02-06-24
310 of 857
Membership
engagement
opportunities
Redlands Regular Meeting of 02-06-24
311 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Regional Public Affairs Managers
Sara Sanders
Redwood Empire
Charles Anderson
Sacramento
Valley
Nancy Hall
Bennett North Bay
Sam Caygill
East Bay
Seth Miller
Peninsula
Deanna Sessums
Monterey Bay
Stephen Qualls
Central Valley
Rajveer Rakkar
South San
Joaquin Valley
David Mullinax
Channel Counties
Jeff Kiernan
Los Angeles
County
Kristine Guerrero
Los Angeles
County
Jennifer Quan
Los Angeles
County
Connor Medina
Orange County
Jesse Ramirez
Riverside County
Laura Morales
Desert Mountain
Inland Empire
Catherine Hill
San Diego County
Imperial County
Redlands Regular Meeting of 02-06-24
312 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Get the most from your Municipal Department
• City Attorneys
• City Clerks
• City Managers
• Fire Chiefs
• Fiscal Officers
• Mayors and Council Members
• Personnel and Employee Relations
• Planning and Community Development
• Public Works
Redlands Regular Meeting of 02-06-24
313 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Explore our Diversity Caucuses
Redlands Regular Meeting of 02-06-24
314 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Be recognized
• Torch Program recognizes mayors and council
members for continuing their education.
• Helen Putnam Award Program recognizes cities that
deliver the highest level of service to residents.
• Outstanding Local Streets and Roads Project Awards
recognizes exceptional achievement in protecting
the public's investment in the local street and road
system.
• Institute for Local Government Beacon Program
honors local government’s efforts to reduce
greenhouse gas emissions and adopt policies that
promote sustainability.

Redlands Regular Meeting of 02-06-24
315 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Join a Policy Committee
• Community Services
• Environmental Quality
• Governance, Transparency, and
Labor Relations
• Housing, Community, and Economic
Development
• Public Safety
• Revenue and Taxation
• Transportation, Communications, and
Public Works
Redlands Regular Meeting of 02-06-24
316 of 857
• The program fosters relationships
between cities and businesses, nonprofits,
and other organizations.
• Cal Cities Partners sponsor other events
and programs hosted by Cal Cities
caucuses, departments, and divisions.
• More than 75 active Cal Cities Partner
organizations.

Connect with Partners
Redlands Regular Meeting of 02-06-24
317 of 857
2024 Premier Cal Cities Partners
Redlands Regular Meeting of 02-06-24
318 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Stay connected with Cal Cities!
• Explore the website: calcities.org.
• Sign up for our weekly newsletter: Cal Cities Advocate • Explore our monthly online magazine: westerncity.com
• Join my.calcities.org to register for Cal Cities events and provide information about important issues
Like, follow, and share Cal Cities news!
@CalCities
Redlands Regular Meeting of 02-06-24
319 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Upcoming events
• Feb. 7-9: City Managers Conference, Hollywood
• March 6-8: Planning Commissioners Academy, Long Beach • March 13-15: Public Works Officers Institute, Monterey • April 17-19: City Leaders Summit, Sacramento
• May 8-10: City Attorneys Spring Conference, Rancho Mirage • Oct. 16-18: Annual Conference and Expo, Long Beach
Redlands Regular Meeting of 02-06-24
320 of 857
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Conclusion (but really, just the beginning)
• We are proud to have you as part of the Cal Cities
family.
• This is your Cal Cities, and we are here to help.

Redlands Regular Meeting of 02-06-24
321 of 857
Strengthening California Cities
through Advocacy and Education
@calcities @calcities @calcities.org
QUESTIONS?
Redlands Regular Meeting of 02-06-24
322 of 857
New Mayor & Councilmember Academy
Financial Responsibilities and City Revenues
January 25 & 26, 2024

As trustees of the city, elected officials and city managers have special and serious obligations to safeguard the fiscal assets of the public. Delve into essential aspects of municipal finance that every city councilmember should know. Learn how cities have gotten into financial trouble and the right questions to ask to know if yours is healthy. Gain insight into major trends, challenges ahead and possible reforms. Obtain essential skills to keep your city budget strong through tough economic times. Determine best practices in financial reporting and identify important questions to ask when building the city budget. Get your questions answered from peers and experts.

Michael Coleman, Fiscal Policy Advisor, League of California Cities, CaliforniaCityFinance.com Christine Turner, City Manager, City of Morgan Hill

Workshop Outline

1. Financial Administration: Your role as council member

2. The Ins and Outs of City Funds: Taxes, Fees and Other Major Revenues

3. Budgets and budget processes

4. Financial reporting and auditing

5. Diagnosing financial health

6. Milestones in municipal finance: a brief history, the state-local relationship

7. Pensions and OPEBs

8. Financial Policies

9. Capital financing

10. Top tips, closing charges, and Q&A

Course Materials - attached
This file:

1. Power point presentation slides.

2. Chapter 1, 2.0 and glossary from The California Municipal Revenue Sources Handbook Fifth Edition Also Recommended

1. Governing Guide to Financial Literacy V 1 & 2: http://www.governing.com/papers/A-Public-Official-s-Guide-to-Financial-Literacy.html and http://www.governing.com/papers/A-Guide-to-Managing-Your-Jurisdiction-s-Financial-Health-1500.html

2. “Six Things to Know When Issuing Municipal Bonds,” Municipal Securities Rulemaking Standards Board. https://www.msrb.org/sites/default/files/MSRBSixThingstoKnow.pdf

3. Public Engagement in Budgeting, ILG http://www.ca-ilg.org/sites/main/files/file-attachments/community_budget_5.5.14.pdf

4. California Legislative Analyst’s Office, “CalFacts” https://lao.ca.gov/reports/2018/3905/calfacts-2018.pdf

5. Multari, Coleman, Hampian and Statler: Guide to Local Government Finance in California, Solano Press 2019

6. The California Local Government Finance Almanac http://californiacityfinance.com/

7. Government Finance Officers Association (GFOA) http://www.gfoa.org/

mjgc rev240112
Redlands Regular Meeting of 02-06-24
323 of 857
Financial Responsibilities
and City Revenues
for Mayors and Council Members
Michael Coleman
CaliforniaCityFinance.com
530-219-3691
[email protected]
2024 New Mayors and Council Members Academy
January 25-26, 2024  Monterey
Christina Turner
City Manager
City of Morgan Hill
408-776-7382
[email protected]
Overview
• Financial Administration: Your Role as Council Member • Ins and Outs of City Funds: Taxes and Major Revenues
• The Budget and Budget Process
• Financial Reporting and Auditing
• Diagnosing Financial Health
• State-Local Relationship, Milestones
• Pensions and OPEBs
• Financial Policies
• Top Tips
2 Redlands Regular Meeting of 02-06-24
324 of 857
• The Fiduciary Role of Mayors
and Councilmembers
• Roles of Key Staff
Financial Administration
and Your Fiduciary Role
Christina Turner
3 Financial Administration and Your Fiduciary Role
Sound financial
policies
 Setting parameters
 Ensure long- and short-
term financial awareness
The Fiduciary Role of Mayors
and Councilmembers
Oversight
 Budget
Review/Approval
 Public Contracts
 Labor Relations
Fiscal & Service
Impacts of Decisions
 Setting precedents and
unintended consequences
Redlands Regular Meeting of 02-06-24
325 of 857
Financial Administration and Your Fiduciary Role
Finance
 Systems Admin.
 Reporting of Expenses
and Revenues
 Auditing
 Annual Comprehensive
Financial Report (ACFR)
Roles of Key Staff
City Manager
 Budget Preparation
 $ Recommendations
 Fiscal Policy
Recommendations
 Year-round Admin.

Dept. Heads / Staff
 Budget proposals
 Tracking and reporting
Financial Administration and Your Fiduciary Role
Public Procurement
• Not designed to
achieve speed, rather
provide a fair and
competitive process
• Locally adopted
ordinances or policies
for supplies and
services
• State law provides
public works project
requirements
• Council should avoid:
o Vouching for business
o Receipt of gifts from would-be
vendor
o Campaign contributions from
would-be vendors
o Gift of public funds
• Council should:
o Establish purchasing
ordinance/policy
o Direct administrative staff to
carry out the process
o Approve final agreements
Redlands Regular Meeting of 02-06-24
326 of 857
Financial Administration and Your Fiduciary Role
Example: Morgan Hill
AuthorityMethodAmount
City Manager  Department
Heads
Informal Bid$10,000 or less
City Manager  Purchasing
Officer (Finance Director)
Informal Bid$10,000 to $25,000
City ManagerCompetitive Bid$25,000 to $60,000
City CouncilCompetitive Bid$60,000 or more
Council Oversight: Quarterly report on all contracts approved within City Manager authority, with amount, purpose, and contractor • Taxes, Fees
and the rest
• Local Property Taxes
• Local Sales Taxes
The Ins and Outs
of City Funds
Michael Coleman
Redlands Regular Meeting of 02-06-24
327 of 857
Cities Vary
… and so do their finances
 Geography: proximity, climate, terrain, access
 Community Character / Vision: Land use
Bedroom? Industrial? Tourist? Rural? etc.
 Size – urban / rural
 Governance / service responsibilities
full-service city - vs.- not full service
Statewide generalizations often
mask trends among sub-groups
The Ins and Outs of State & Local Funds
The Mechanics of
Government Revenue
Who decides?
o Statewide voters /
Constitution
o State law / Legislature
o Local voters
o Local law / City Council
Who pays?
visitors, residents,
businesses, etc.

What rate /
base?
$per gallon, % per price,
depreciated value, etc.

How’s it
allocated?
situs;
pooled/population,
etc.

Who collects?
&e n f o r c e s
payment?
What is the $
used for?
general, water,
roads, parks etc.

The Ins and Outs of State & Local Funds
Redlands Regular Meeting of 02-06-24
328 of 857
Taxes
Charges which pay for public services and facilities that provide general benefits. No need for a direct relationship between a taxpayer’s benefit and the tax paid.
Cities may impose any tax not otherwise prohibited by state law.
(Gov Code § 37100.5)
The state has reserved a number of taxes for its own purposes including:
cigarette taxes, alcohol taxes, personal income taxes.
General & Special
 General Tax - revenues may be used for any purpose.
• Majority voter approval required for new or increased local tax  Special Tax - revenues must be used for a specific purpose. • 2/3 voter approval required for new or increased local tax • Parcel tax - requires 2/3 vote
The Ins and Outs of State & Local Funds
Any levy, charge or exaction of any kind imposed by a California government, is a tax except:
• User Fees and Assessments: for a privilege/benefit, service/product Planning permits, development fees, parking permits, user fees, copying fees, recreation classes, etc. • Regulatory Fees: regulation, permits, inspections
Permits for regulated commercial activities (e.g., dance hall, bingo, card room, check cashing, taxicab, peddlers, catering trucks, massage parlor, firearm dealers, etc.); fire, health, environmental, safety permits; police background checks; pet licenses; bicycle licenses. • Rents: charge for entrance, use or rental of government property Facility/room rental fees, room rental fees, equipment rental fees, on and off-street parking, tolls, franchise, park entrance, museum admission, zoo admission, tipping fees, golf green fees, etc • Penalties for illegal activity, fines and forfeitures, etc.

Parking fines, late payment fees, interest charges and other charges for violation of the law. • A payment that is not imposed by government
Includes payments made pursuant to a voluntary contract or other agreement that are not otherwise “imposed” by a government’s power to coerce.

Fees and the Rest
California Constitution per
Prop218(1996, Prop26(2010), etc.

The Ins and Outs of State & Local Funds
Redlands Regular Meeting of 02-06-24
329 of 857
Taxes and Fees/etc.Approval Requirements
(California Constitution)
The Ins and Outs of State & Local Funds
Property
Tax 13%
Sales Tax
7%
BusnLicTax 2%
Utility User Tax 3%
TransOccTax 2%
Other Tax 3%
Franchises 2%
State&Fed 1%
Other 3%
Benefit Assessments 2%
Special Taxes 4%
State
Grants 4%
Federal
Grants 5%
Investments,
Rents,
Royalties 1%
Fines &
Forfeitures
1%
Licenses
& Permits
<1%
Devpt Fees
& Permits 2%
Other Fees
12%
Utility Fees
(Water, Sewer, Refuse,
Electr, Gas, etc.)
28%
Other
6%
Not
Restricted
35%
 Taxes
 Fees
 State/Fed Aid
 Rents, penalties
 Other
Source: CaliforniaCityFinance.com computations from data from California State Controller (revenues). Does not include data from the following cities that failed to report: Beaumont, Hawthorne, Imperial, La Habra, Lindsay, Placerville, Stockton, Taft, and Westmorland.

California City Revenues
The Ins and Outs of State & Local Funds
Redlands Regular Meeting of 02-06-24
330 of 857
Source: Coleman Advisory Services computations from State Controller reports The Ins and Outs of State & Local Funds
Other
Hotel Tax
BusnLic Tax
Utility
User Tax
Franchises
Sales &
Use Tax
Property
Tax
Other
Planning
Streets
Library
Parks&Rec
Police
Fire
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Revenues Exenditures
Discretionary Revenues and Spending
Typical Full Service City
Property Tax
✔ An ad valorem tax imposed on real property and
tangible personal property
✔ Maximum 1% rate (Article XIIIA) of assessed value,
plus voter approved rates to fund debt
✔ Assessed value capped at 1975-76 base year plus
CPI or 2%/year, whichever is less
✔ Property that declines in value is reassessed to the
lower market value.
✔ Reassessed to current full value upon change in
ownership (with certain exemptions)
✔ Allocation: shared among cities, counties and
school districts according to state law.

The Ins and Outs of State & Local Funds
Redlands Regular Meeting of 02-06-24
331 of 857
Where Your Property Tax Goes
City
21%
Special
Districts
7%
County
27%
Local
Schools
45%
Typical homeowner
in a full service city
not in a redevelopment area.

Source: Coleman Advisory Services computations from Board of Equalization and State Controller data.

Includes Property
Tax in-lieu of VLF.

Shares Vary!
 Non-Full service cities: portion
of city shares go to special
districts (e.g. fire)
 Pre-prop13 tax rates
 Everyone gets Prop-Tax In
Lieu of VLF shares – except
new cities since 2004.

Special
Districts
7%
The Ins and Outs of State & Local Funds
Sales and Use Tax
✔Sales Tax: imposed on the total retail
price of any tangible personal property
✔Use Tax: imposed on the purchaser for
transactions in which the sales tax is not
collected.

The Ins and Outs of State & Local Funds
Redlands Regular Meeting of 02-06-24
332 of 857
Where Your Sales Tax Goes
* For taxable sales in
unincorporated areas,
the local 1% rate goes
to the county.City* 1.00
Co Transp 0.25
Prop172 0.50
Co Realign 1.5625
State GF 3.9375
Total Base 7.25%
City
1%*
State
General
Fund

3.9375%
County
Realignment

1.5625%
County
Transportation
1/4%
Proposition
172 1/2%
Add-On
Transactions &
Use (varies)
The Ins and Outs of State & Local Funds
Sales Tax Collections
as a percent of statewide personal income
Source: California State Board of Equalization (Sales Tax), CA Dept of Finance (Population), CA Dept of Industrial Relations (CPI ) The Ins and Outs of State & Local Funds
Redlands Regular Meeting of 02-06-24
333 of 857
Budgets and
Budget Processes
• What is a budget?
• What is in a budget?
• What is a “fund?”
• Capital Improvement
Program (CIP)
• Budget process
Christina Turner
What is a Budget?
• What: A financial plan projecting
revenues and expenditures for a defined
period of time (usually 1-2 years)
• Types: Operating and Capital
Your budget should:
• Reflect the community’s priorities
• Good estimates of revenues/expenses by Fund
• Anchored to Long Term Forecasts (~5 years)
• Provide actual revenue/expense history
to gauge accuracy of forecasts!
Budgets and Budget Processes
Redlands Regular Meeting of 02-06-24
334 of 857
What is in a Budget?
• A summary or discussion of revenues,
expenses, and current economic conditions
• History of actual revenues and expenses
• Projected revenues by type/source
• Estimates of proposed expenditures by
function ( typically by Department )
• Separate budgets for each and every Fund
• Capital Budget – tied to CIP
Budgets and Budget Processes
What is a “Fund”?
• A fund is a self-balancing set of accounts for
all financial transactions of specific activities.
• Most agency budgets include the following
types of separate “funds”:
-General Fund
-Enterprise Fund(s)
-Special Revenue Fund(s)
-Capital Project Fund(s)
-Others: debt service, trust, agency,
internal service, special assessment
Budgets and Budget Processes
Redlands Regular Meeting of 02-06-24
335 of 857
Budget Alternatives
Terms:
• Typical: One Fiscal Year (July 1 – June 30 )
• Biennial Budget (two fiscal years)
Types:
• Operating
• Capital
Budget Formats:
• Line Item
• Performance
• Program
• Zero Based
Budgets and Budget Processes
Capital Improvement Program (CIP)
• For infrastructure or capital investment
• Revenues come from a variety of sources:
o Impact fees, restricted taxes, grants,
enterprise operations
• Subject to State Law--bidding process and
prevailing wages
• Capital Improvement Program should look
forward five years, preferably ten
Budgets and Budget Processes
Redlands Regular Meeting of 02-06-24
336 of 857
CIP – Policy & Guidelines
Guidelines:
• preserve an existing asset?
• mitigate health or safety
problem?
• mandated by State or Feds?
• contribute to City’s
economic health?
• available funding for capital
plus ongoing operations &
maintenance?
Policy:
• Statement of plans
for capital projects
• Specific goals
o e.g., PCI for roads
• Use of resources
Budgets and Budget Processes
Budget Process
• A budget takes months to prepare
• Performance standards or measures
help ensure investment meets desired
outcomes
• Your budget calendar and review
process should be meaningful
• Your process should allow for needed
input at the appropriate times
• Each agency does it differently!
Budgets and Budget Processes
Redlands Regular Meeting of 02-06-24
337 of 857
Biennial Budget Process
January
1st Year
City Council Goal Setting
Workshop
February – April
Budget Development
April
Recommended Budget
Made Available to the
Public
May
Budget Workshop
June
Public Hearing and
Budget Adoption
January
2nd Year
City Council Goal Setting
Workshop
February – June
In-depth Budget Review Process
Mid-Cycle Update (Yr. 2)
Budget Adjustments, as needed
Budgets and Budget Processes
Long-Term Financial Planning
Combines financial
forecasting with financial
strategizing to identify
future challenges and
opportunities, fiscal
imbalances, and
strategies to secure
financial sustainability.

Why?
Respond to a financial crisis
Bring financial perspective to
planning
Stimulate long-term thinking
Stimulate “big picture” thinking
Address a particular issue or
proposal
Impose discipline
Demonstrate good
fiscal management to all stake
holders
Forecasting and Financial Planning
Redlands Regular Meeting of 02-06-24
338 of 857
• The Annual Comprehensive Financial Report (ACFR)
• Letter of Transmittal
• Independent Auditor’s Report
• Management Discussion and Analysis
• Financial Statements and Notes
• Supplementary and Statistical Information
Financial Reporting
and Auditing
Christina Turner
Annual Comprehensive
Financial Report (The ACFR)
Letter of Transmittal
Independent Auditor’s Report
Management Discussion and
Analysis
Basic Financial Statements and
Note Disclosures
Supplementary Information and
Statistical Section
Financial Reporting and Auditing
Redlands Regular Meeting of 02-06-24
339 of 857
Management’s Discussion and
Analysis (MD&A)
• Narrative overview of Basic Financial Statements
o Explains components
o Highlights year-over-year changes
o Analysis of individual funds
• What to look for:
o Changes in net position
• Capital assets vs. unrestricted net position
• Underlying reasons...One-time occurrences or a trend? o Changes in fund balance
• The change itself is less important than the explanation o Analysis of the General Fund
Financial Reporting and Auditing
Basic Financial Statements
Governmental
Funds
• General Fund
• Special revenue
funds
e.g., impact fee funds
Proprietary
Funds
• Enterprise
funds
e.g., utilities, etc.

Government-wide
This is the agency-wide roll-up
Financial Reporting and Auditing
Note: Fiduciary Funds (trust funds, redevelopment dissolution funds, etc.) are a separate component and do not roll-up into the government-wide financial statements.

Redlands Regular Meeting of 02-06-24
340 of 857
Introducing:

The League of California Cities’
California Municipal
Financial Health Diagnostic
Diagnosing Municipal
Financial Health
Michael Coleman
Bad Brew in Troubled Cities
Over-reliance on
land development
revenue Risky financing
schemesOver-reliance on
redevelopment
revenues
Unsustainable & Intractable
employee compensation
especially public safety pension
and retiree health care
Ceding of management
and policy choices to
others
Toxic
relationships
Fear &
Denial
Unsustainable
decline in core
revenues
Diagnosing Financial Health
Redlands Regular Meeting of 02-06-24
341 of 857
Our Approach
Diagnosing Financial Health
The California Municipal
Financial Health Diagnostic
#1
Diagnosing Financial Health
Redlands Regular Meeting of 02-06-24
342 of 857
Milestones in Municipal
Finance: A Brief History
Michael Coleman

1. One percent rate cap. Property tax rates
capped at 1% of full market value

2. Assessment rollback of property values for tax purposes to 1975-76 levels

3. Assessment growth capped at 2% of property value (or CPI) o reassessment at full market value only upon change of ownership

4. Special taxes (local) require 2/3 voter approval

5. State tax increases require 2/3 vote of Legislature

6. Authority for allocating property tax
revenues transferred to the state
Milestones in Municipal Finance History
Proposition 13 (1978)
nuts & bolts
Redlands Regular Meeting of 02-06-24
343 of 857
K-14
Schools
City
County
Special
Districts
57%
reduction
-57%
Milestones in Municipal Finance History
Proposition 13 (1978)
revenue impacts
01234
Special Districts
Cities
Counties
Schools
Billions/year in 1978-79
Initial Prop13 Impacts
State General Fund
SchoolsProperty TaxCities, Counties,
Special Districts
Milestones in Municipal Finance History
01234
Special Districts
Cities
Counties
Schools
Billions/year in 1978-79
Prop13 Impacts After "Bailout"
The AB8 (1979) Bailout
Shifting Local Property Tax to Cushion Impacts of Prop13 42 Redlands Regular Meeting of 02-06-24
344 of 857
Milestones in Municipal Finance History
The AB8 “Bailout”:

State legislature
• increased non-school
shares,
• reduced school shares,
• paid more state general
fund to schools.

K-14
Schools
City
County
Special Districts
K-14
Schools
City
County
Special Districts
Proposition 13 (1978)
revenue impacts
43 $0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0
Redevelopment
Agencies
Special
Districts
Counties
Cities
Billions per year
E.R.A.F.(1992): Shifting Local Property Tax
to Save the State General Fund
Milestones in Municipal Finance History
SchoolsProperty TaxCities, Counties,
Special Districts
Reduced
general fund
support
$0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0
Redevelopment
Agencies
Special
Districts
Counties
Cities
Billions per year
Prop172 revenue
(for pu blic safety)
Trial
Court &
other
Net Loss $940 million
Net Loss $2,780 million
$590 million
$350 million
State General Fund
Redlands Regular Meeting of 02-06-24
345 of 857
Local Revenue Protection:

Prop1A(‘04), Prop1A(‘06), Prop22(‘10)
Constitutional Protection for:

1. Property taxes: cities, counties, special districts
Protection includes Property Tax in lieu of VLF (VLF swap) May reallocate among cities, counties, special districts with a 2/3 vote of both houses

2. Local sales tax rate, method of allocation
Exception: interstate compact or federal law

3. VLF 0.65% rate to cities and counties … unless replaced VLF may not be diverted to reimburse a state mandate

4. Transportation Funds to locals – no taking, delay or borrowing

5. Prohibitions against unfunded state mandates strengthened

6. Redevelopment Tax Increment - may not be diverted
for other purposes
Milestones in Municipal Finance History
The State-Local Fiscal
Relationship: A Rough Road
2004
Prop 1A
local $
protection
VLF
“CarTax”
cut &
backfill
1999
Prop 172
Public Safety
Sales Tax
Prop 13
Property
Taxes
1978
1979
AB8/
SB154
“Bailout”
1996
ERAF
(Educational Revenue
Augmentation Fund)
1992
Prop 47
VLF must go to
cities/counties
1986
SB2557
County Fees
on Cities
1990
2002
Prop42 State
Sales Tax to
Transportation
Prop 4
Spending
Limits
2010
2011
2008-2010
Redevelopment
Property Tax
Shifts
Prop 57
Sales Tax
“Triple Flip”
VLF-Property
Tax Swap
Fiscal road concept stolen from LAO
Milestones in Municipal Finance History
Fiscal
constraints
Creative
Response
Redlands Regular Meeting of 02-06-24
346 of 857
The State-Local Fiscal
Relationship: A Rough Road
2004
Prop 1A
local $
protection
VLF
“CarTax”
cut &
backfill
1999
Prop 172
Public Safety
Sales Tax
Prop 13
Property
Taxes
1978
1979
AB8/
SB154
“Bailout”
1996
ERAF
(Educational Revenue
Augmentation Fund)
1992
Prop 47
VLF must go to
cities/counties
1986
SB2557
County Fees
on Cities
1990
2002
Prop42 State
Sales Tax to
Transportation
Prop 4
Spending
Limits
2010
2011
2008-2010
Redevelopment
Property Tax
Shifts
Prop 57
Sales Tax
“Triple Flip”
VLF-Property
Tax Swap
Fiscal road concept stolen from LAO
Milestones in Municipal Finance History
State Fiscal
retrenchment,
revenue & cost
shifts
Local revenue
protection,
constitutional
limits
Pensions and Other
Post-Employment
Benefits (OPEB)
• Pension Funding
• Employer Contribution Rates
What Happened?
• GASB changes
• Other Post Employment
Benefits (OPEB)
Christina Turner
Redlands Regular Meeting of 02-06-24
347 of 857
Retirement Plans

1. Defined Contribution
• Employees (and/or employers) contribute a
fixed amount or a percentage of pay in an
account that is intended to fund retirement

2. Defined Benefit
• Employee benefits are computed using a
formula that considers several factors, such as
length of employment and salary history
Pensions and OPEBs
Pension Funding
Defined Benefit Plans are funded from:

1. Contributions from employers
• Variable based on a variety of factors

2. Contributions from employees
• Fixed based on pension formula

3. CalPERS investment earnings
Pensions and OPEBs
Redlands Regular Meeting of 02-06-24
348 of 857
Employer Contribution
Two components
oNormal cost
• Annual cost of future benefit for current employees
• Expressed as a percentage of pay
oPayment on unfunded accrued liability (UAL)
• Required when plan liabilities exceed plan assets
• Expressed as a dollar amount
Pensions and OPEBs
Employer Contribution (Cont’d)
Many factors cause the employer rate to change,
including…
o CalPERS investment earnings
o Benefit changes
• Formula changes applied retroactively
o Changes in actuarial assumptions
• Economic, such as the rate of investment return
• Demographic, such as mortality rates
• Other experience
o Pay increases exceeding assumptions
Pensions and OPEBs
Redlands Regular Meeting of 02-06-24
349 of 857
Employer Contribution (Cont’d)
Actuarial Valuation Reports
o Take into account participant data (active,
transferred/terminated, retired and beneficiaries) and
changes in assumptions
o Provide a snapshot in time of the Plan’s assets and liabilities (usually as of June 30
th) and funded status
o Determines the required contributions for upcoming fiscal year
o Highlight changes from previous year’s valuations
o Risk analysis
Pensions and OPEBs
53 Employer Contribution (Cont’d)
Pensions and OPEBs
For the City of Morgan Hill Misc. Plan (Does not reflect cost-share) Redlands Regular Meeting of 02-06-24
350 of 857
What Happened?
Strong investment returns
in the late 1990s created
momentum for enhancing
benefits But investment losses
combined with more
expensive benefits
created significant
unfunded liabilities
Pensions and OPEBs
-30.0%
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%
CalPERS Investment Returns
The Cost of Doing Business
CalPERS Payments on the Rise
2014-5
Pensions and OPEBs
$2.6 $2.8 $3.2 $3.4 $3.6 $4.1 $4.4 $4.8 $5.0 $5.3 $5.5
$1.6 $1.8
$2.3 $2.5 $2.7
$3.2 $3.4 $3.6 $3.8 $3.4 $3.6
$0
$1
$2
$3
$4
$5
$6
$7
$8
$9
$10Millions
Misc Safety
Net of employee’s share of
employer rate
Redlands Regular Meeting of 02-06-24
351 of 857
Contribution Rates
Pensions and OPEBs
Does not include employee cost sharing
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
0%
5%
10%
15%
20%
25%
30%
Misc Safety UAL $Amount
Response
• Some cities implemented new tiers (different
retirement formulas)
• Public Employees’ Pension Reform Act
(PEPRA)
o Required new tiers for new employees
• Pension obligation bonds- not recommended
• Section 115 Trusts
o Can only be used for pension costs
• Cost Sharing: Employee sharing in employer
contribution rate
Pensions and OPEBs
Redlands Regular Meeting of 02-06-24
352 of 857
Other Post-Employment
Benefits (OPEB)
• Retiree benefits other than pension; can include
life insurance, medical insurance, etc.
• Largely under-the-radar until GASB 45
o Difference between Actuarial Required Contribution
(ARC) and actual contribution on balance sheet
o No requirement to fund, but creates visibility
• GASB 75 (effective fiscal year 2017-18)
o Similar to GASB 68 for pensions
o Liability needs to be portrayed in the financial
statements (full accrual)
Pensions and OPEBs
Other Post-Employment
Benefits (OPEB) (cont’d)
• Significant liability for many cities
• Cost continuing to increase
o More retirees
o Retirees living longer
o Increasing healthcare costs
Pensions and OPEBs
Redlands Regular Meeting of 02-06-24
353 of 857
Financial Policies:

The Foundation
of Fiscal Health
• Plans versus Policies
• Topics for Financial Policies
• Policy versus Practice: Make ‘em Work
• Policies and Financial Ratings
• The Importance of Evaluating
Long Term Financial Health
61 Christina Turner
Plans versus Policies
• Plans can change over time
(like … as soon as the ink is dry)
• Policies, however,…
o Act as your “north star,” guiding your actions
o Make tough decisions easier by formalizing
values and procedures before a crisis hits
o You could decide to do something else
o Bottom line… good policies always give
you a starting point
Financial Policies
Redlands Regular Meeting of 02-06-24
354 of 857
Financial Policy Topics
• Revenue Earmarking
• Capital Financing &
Debt Management
• Financial Reporting
• Investments
• Purchasing, bidding,
contracting
• Travel guidelines
• Credit Card Use
• Balanced Budget
• User Fees &
Cost Recovery
• Enterprise Funds:

To subsidize or not?
• Fund Balance
& Reserves
• Budget
Amendments
• Budget Carryover
Financial Policies
Formal Policies
Put financial policies in writing so that they:
• Can outlive the crisis … or prepare you for one
• Promote stability and continuity
• Create efficiency through standardization
• Save you debt service costs
• Don’t rely on an individual to interpret best
practices
• Help with your ACFR process and reduce
audit findings
Financial Policies
Redlands Regular Meeting of 02-06-24
355 of 857
Crucial Point:

Policy versus Practice
• Policy should include specific objective but
not detailed steps in meeting that objective
• Make policy brief and concise.
o Example: “User fees should be reviewed and
adjusted at least annually to avoid sharp
changes.”
• Include “how to” steps in administrative
procedure, if necessary.
• Leave exact steps of review/adjustment
to staff.

Financial Policies
Capital Financing
• Methods of Financing
• Types of Bonds
Redlands Regular Meeting of 02-06-24
356 of 857
Methods of Financing
Capital Financing
ConsProsMethods
• Long wait time for new
infrastructure
• Large projects may exhaust
agency’s entire budget
• Inflation risk
• Future funds are not tied up
in servicing debt payments
• Interest savings put to other
projects
• Greater budget transparency
• Avoid risk of default
Pay-as-you-go
• Potentially high borrowing
rate
• Debt payments limit future
budget flexibility
• Generations forced to service
debt requirements
• Infrastructure is delivered
when needed
• Spreads cost over useful life
of asset
• Increases capacity to invest
• Beneficiaries pay for projects
Debt Financing (Bonds)
• Loss of operational control
• Changes in scope or
performance standards
• Non-transferable risks
(changes in laws, 3
rd party
governmental agencies etc.)
• Risk transfer
• External funding
• Lower operating costs, and
higher revenues
• Improved user experience
• Accelerated project delivery
Public Private
Partnerships (P3)
Types of Municipal Bonds
• General obligation bonds
o IOU issued by governmental entity to finance large projects o Backed by property tax revenue, to repay bonds over 20–30-year period
o Can increase property tax to repay but requires 2/3rd voter approval
o Generally done to acquire or improve real property
o Example: parks, roads, school facilities etc.
• Revenue bonds
o Issued to acquire, construct or expand public projects o Backed by fees or charges and paid from income generated by the facility or related service
o Example: Water/Wastewater infrastructure financing
Capital Financing
68 Redlands Regular Meeting of 02-06-24
357 of 857
Top Tips
Michael Coleman

2. Develop and Use Financial Policies.

3. Know the difference between a “one-time” solution versus a “defer” solution versus a “sustainable” solution
 One-time solutions fix a current problem, but not an on-going one.  Deferrals “put-off” a problem by fixing a one time problem but create as much or more added costs in future years.
 A sustainable solution fixes an on-going budget problem now and into the future
.

1.Obtain key documents:
 Annual Operating Budget
 Capital Improvement Program
 Annual Comprehensive
Financial Report (ACFR)
 Long Range
Financial Plan
 Interim Financial
Reports
 Investment Reports
Top Tips for Financial Management
Redlands Regular Meeting of 02-06-24
358 of 857
 Exhaust the reserves
 Freeze vacant positions
 Make across the board cuts
 Defer equipment purchases
 Defer essential maintenance

4. Ask hard questions about programs:
1) What is the purpose of this program? Why is it needed? 2) What are the specific intended outcomes of this program? 3) What are the measurable objectives?
4) What are the cost components: personnel, contracts, supplies, equipment, etc.?
5) How will the costs of this program change in the future? 6) What are the alternative service delivery approaches? 7) Where will the money come from to pay for this?
8) What are the consequences of not doing this program?

5. Avoid unsustainable budget practices including:
 Long-term formula driven spending
 Defer pension or capital funding
contributions
 Eliminate training
 Borrow from other funds
 Ignore the small cuts
Top Tips for Financial Management
Resources
 Michael Coleman, The California
Municipal Revenue Sources
Handbook, 2019 Edition.
 Coleman, Hampian, Multari, & Statler,
Guide to Local Government Finance
in California. Solano Press.
 Government Finance Officers
Association GFOA.com
 The California Municipal Finance
Almanac
www.CaliforniaCityFinance.com
Redlands Regular Meeting of 02-06-24
359 of 857
The California Municipal
Revenue Sources Handbook

FIFTH EDITION
Michael Coleman
Redlands Regular Meeting of 02-06-24
360 of 857
i |
Special thanks to the following individuals who contributed time and effort to this publication:

Bob Biery
Director of Finance
City of Westlake Village
Michael G. Colantuono
Colantuono, Highsmith
& Whatley, PC
Harriet Commons
Director of Finance, retired
City of Fremont
Lloyd DeLlamas
Executive Chairman
The HdL Companies
Bill Statler
Director of Finance, retired
City of San Luis Obispo
Betsy Strauss
Special Counsel
League of California Cities
Tim Seufert
Managing Director
NBS

THE CALIFORNIA MUNICIPAL REVENUE

SOURCES HANDBOOK, FIFTH EDITION
Michael Coleman
Excerpts from ...

Redlands Regular Meeting of 02-06-24
361 of 857
| ii

League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
(916) 658-8200
www.cacities.org
To order additional copies of this publication, visit
www.cacities.org/publications.

Printed in the United States of America.

Redlands Regular Meeting of 02-06-24
362 of 857
1 |
Chapter 1

MILESTONES IN
MUNICIPAL REVENUES:

A Historical Perspective
The backdrop of any discussion of municipal revenues must be the state-local relationship and the provisions of the California Constitution that govern the relationship. This relationship has evolved over time, marked in recent decades by several landmark constitutional amendments. Consequently, today’s municipal revenue landscape is not the same as your grandmother’s or even your mother’s.

In California’s early years of statehood, local government authority was strictly controlled by the state government, and local affairs were the frequent subject of meddling by the Legislature. California governors and legislators often displayed a deep distrust of local affairs, while local officials sought more latitude in municipal policy and public services.

Chapter 1
Redlands Regular Meeting of 02-06-24
363 of 857
Chapter 1: Milestones in Municipal Revenues
| 2
The 1879 California Constitution
Thirty years after California’s admission to the union, the second (and current) California Constitution was adopted by the Constitutional Convention during a turbulent period in the state’s political history. That adoption created, for the first time, substantial and meaningful home rule for California’s local governments. The 1879 Constitution included five provisions limiting the power of the Legislature to interfere with the affairs of cities and vested in cities extensive powers of self-government.

This Constitution prohibited the state from imposing a tax for local purposes, but enabled the state to authorize local governments to impose them.

Over the next several decades, local taxation authority was expanded to general law cities. In 1903, in a case upholding the City of Los Angeles’ business license tax, the California Supreme Court stated unequivocally that local taxation is a municipal affair under article XI, §5 of the
California Constitution. Later, in 1982, the Legislature conferred on general law cities by statute the authority to adopt any tax that could be adopted by a charter city.

A 1910 ballot measure known as the “Separation of Sources Act” made the property tax a local government revenue source and established the principle of separate revenue sources for state and local governments.

The property tax was ideally suited to fund critical local general services such as law enforcement, jails, fire protection, parks, libraries, schools, hospitals and public health. This concept of the property tax as the largest, most durable and essential source of local government funding would stand for 68 years, until Proposition 13 drastically altered California local government finance.

In 1914, the California Constitution was amended to provide charter cities with the authority to “make and enforce laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters.” It established the power of charter cities to adopt their own laws with respect to municipal affairs, including flexibility in organizational and program design, latitude to regulate certain activities and the authority to determine spending levels and priorities. But local authority in municipal affairs remained subject to state pre-emption as to matters of statewide concern. In the event of a conflict between a charter city law and state law, the court must decide whether the state law prevails (because it is a matter of statewide concern) or the local law prevails (because it is a municipal affair). Thus, the dynamic interpretation of “matters of statewide concern” and “municipal affairs” controls the scope of home rule.

Property Tax, $8,725, 13%
Sales Tax, $6,349, 9%
Business Lic. Tax, $1,274, 2%
Utility User Tax, $1,794, 3%
Transient Occup. Tax, $1,855, 3%
Doc./Prop.Transfer Tax, $586, 1%
Other Tax, $503, 1%
Franchises, $1,166, 2%
State & Federal, $193, 0%
Other General Revs., $821, 1%
Property Tax - GO Bond, $585, 1%
Licenses & Permits, $839, 1%
Fines & Forfeitures, $400, 1%
Investments, Rents & Royalties $849, 1% State Grants
$2,744 , 4%
Federal Grants
$2,932, 4%
Special Taxes
$2,810, 4%
Development Fees & Permits
$906, 1%
Fees $5,189, 8%
Airports, Ports & Harbors
$2,782, 4%
Sewer Fees
$3,873, 6%
Solid Waste Fees
$1,991, 3%
Water Fees
$4,772, 7%
Electric & Gas
$6,523, 10% Other Non-Discretionary,
$5,031, 8%
Investments, Rents & Royalties, $577, 1%
Source: Author’s computations of data reported to California State Controller.

Beneﬁt Assessments, $963, 1%
California City Revenues
FY 2016–17 (excluding the city and county of San Francisco) Discretionary
Revenues
Redlands Regular Meeting of 02-06-24
364 of 857
Chapter 1: Milestones in Municipal Revenues
3 |
Statewide Concerns and Municipal Affairs
Although cities achieved greater local fiscal authority to determine service levels and levy local taxes and charges, state fiscal rules and constraints have often dominated. In 1935, the state pre-empted the local taxation of motor vehicles as real property and established a statewide uniform value-based tax on motor vehicles, known as the “motor vehicle in-lieu tax” or Vehicle License Fee (VLF), which it then allocated to cities and counties based on their share of county population.

In 1955, the Legislature passed the Bradley-Burns Uniform Sales and Use Tax Act, pre-empting then-existing local sales taxes and providing for a uniform, statewide system of sales taxation and collection. The Bradley-Burns Act authorized cities to adopt local sales and use tax rates up to 1 percent of taxable sales transacted in their jurisdictions to be administered and allocated by the state. The amounts of revenue remained intact, and the use of those revenues remained at local discretion.

These changes attempted to strike a balance between accommodating the needs of the modern industrial economy for uniform practices and procedures with California’s continuing commitment to meaningful local control of local government finance. They also attempted to address the important issues of taxpayer ease, uniformity and simplicity, but had the accompanying effect of centralizing fiscal authority with the Legislature and Governor while constraining local fiscal authority.

Through both Democratic and Republican administrations in the 1950s and 1960s, federal and state policy initiatives meant additional money and additional incentives, but also additional mandates for municipalities. In 1972, the Legislature responded to the vocal concern of local government over the costs of state mandates by passing SB 90 (Chapter 1406, Statutes of 1972), requiring the reimbursement of costs to local agencies for state-mandated programs. The following year, the Legislature required cost estimates of all legislation having a financial impact on local government. In 1979, mandated reimbursement, as required in SB 90, was added to Article XIII B of the California Constitution as a part of Proposition 4. The obligation to reimburse was further strengthened by Proposition 1A in 2004.

Property Tax Limits and Voter Approval of Special
Taxes: Proposition 13 (1978)
In 1978, a simple majority of California voters approved Proposition 13, seeking property-tax relief and uniformity, but with far-reaching consequences, some unintended. Proposition 13 reduced property tax revenues by more than half and effectively abolished any local control with regard to the property tax. Local governments still have wide latitude on the spending of the remaining revenues they receive, but the allocation of the tax is controlled by the Legislature. Occasional proposals by the Legislative Analyst or individual policymakers to delegate more authority over property tax allocation to local governments tend to be met with resistance from local officials who fear the local conflicts and power struggles that would ensue in nearly any discussion of revenue reallocation.

Six Provisions of Proposition 13 Affecting Local Finance

1. One percent rate cap. Proposition 13 capped, with limited exceptions, property tax rates at 1 percent of full cash value at the time of acquisition. Prior to Proposition 13, local jurisdictions independently established their tax rates and the total property tax rate was the composite of the individual rates.

2. Assessment rollback. Proposition 13 rolled back property values as determined for tax purposes to their FY 1975–76 level.

3. Reassessment upon change in ownership. Proposition 13 replaced the practice of annually reassessing property at full cash value with a system based on cost at acquisition. Under Proposition 13, property is assessed at market value for tax purposes only when it changes ownership. Subsequent annual values are limited to this “base year” amount plus an annual growth factor of 2 percent or Consumer Price Index (CPI), whichever is less.

4. Responsibility for allocating property tax transferred to the state. Proposition 13 gave state lawmakers responsibility for allocating property tax revenues among local jurisdictions. Prior to Proposition 13, jurisdictions established their tax rates independently and their property tax revenues depended on the rate levied and the value of the property located within the boundaries of the jurisdiction.

5. Voter approval for special taxes. Proposition 13 requires two-thirds voter approval for taxes raised by local governments for a designated “special” purpose.

6. Taxes imposed by the Legislature require a two-thirds vote of the Legislature.

Redlands Regular Meeting of 02-06-24
365 of 857
Chapter 1: Milestones in Municipal Revenues
| 4
Prior to Proposition 13, effective total property tax rates varied, but averaged about 2.5 percent of market value. The 1 percent limitation and the rollback to FY 1975–76 assessed values resulted in an immediate 57 percent reduction in property tax revenues statewide.

In FY 1979–80, the Legislature used its authority to allocate property tax revenues to cushion the fiscal impact of Proposition 13 on local governments. In what is often called the “bailout,” the state was able to shift about $2.7 billion of annual ongoing financial resources to local governments in part because of the state’s $5 billion surplus (about 40 percent of annual revenues) and the $1 billion-plus annual revenue boost it received from higher personal income taxes due to lower taxpayer deductions for property taxes. As a result, city property tax Effects of Proposition 13 Trends in California Municipal Finance • Lowered tax burden for elderly and
low-income homeowners (proportionate to
income)
• Disparate treatment of similarly situated
properties
• Disconnect between service costs and
revenues deters balanced planning
• Local agency property tax revenues cut
by nearly 60 percent
• Tax rates and shares out of sync with service
demands
• Greater reliance on state General Fund for
county and school spending
• Cities and counties increased reliance on fees
and local taxes
• Decline in predictable discretionary funding
for key services
• Sales tax revenues decreasing in service-
oriented economy
• Population growth increasing service
demands
• Public safety and homeland security costs
increasing
• Infrastructure cracking under neglect
• New technologies leading to new
infrastructure demands
• Environmental degradation (air and water
pollution) requiring expensive mitigation
• Continued fragmentation of local finance
among overlapping agencies
losses from Proposition 13 were about 28 percent less than they might have been.

In addition to the bailout, the Legislature established a system for allocating property taxes. In what was intended as a permanent resolution to the issue of how to distribute significantly reduced property tax revenues, this solution, AB 8 (Chapter 282, Statutes of 1979), reduced school shares of property tax revenues and gave cities, counties and special districts greater shares. In return, the state assumed a larger financial responsibility for K-14 schools. The state also increased its share of costs for a number of social service and health programs operated by counties.

Redlands Regular Meeting of 02-06-24
366 of 857
Chapter 1: Milestones in Municipal Revenues
5 |
Despite these efforts to cushion its impact, Proposition 13 dealt a major blow to local fiscal autonomy. As the California Supreme Court noted in its 1991 decision upholding AB 8’s property tax apportionment system, Proposition 13 “prevails over the preexisting taxing power” of cities. In a 1994 ruling upholding the state’s shift of property tax revenues from local governments (the infamous educational revenue augmentation funds (ERAF) shift), the court noted that the taxing powers of local governments are “derived from the Constitution upon authorization by the Legislature.” The state was handed the authority to determine each local agency’s share within the 1 percent umbrella for all taxing agencies. There is no local authority to reallocate property tax revenue among local agencies (even those providing “city” services such as fire, parks or libraries). Thus, where once a community could devote more or less property tax revenue to fire services versus libraries versus schools, now all communities are constrained by taxing decisions made by leaders of a generation ago, when California was a very different place socially, economically and politically.

By capping the property tax rate at 1 percent, Proposition 13 denied even local voters the authority to impose a higher property tax. The only exception to the 1 percent cap in Proposition 13 was for indebtedness approved prior to July 1, 1978. This effectively repealed the authority of a local agency to, with two-thirds voter approval, levy a rate to repay bonded indebtedness, authority which was established in the 1879 California Constitution. In 1986, California voters altered that aspect of Proposition 13 with the passage of Proposition 46, restoring the authority of local agencies, with two-thirds voter approval, to enact a property tax rate override to repay bonded indebtedness issued for the acquisition or improvement of real property.

The Gann Limit
Following up on their success at limiting taxes, taxpayer advocates in 1979 convinced California voters to approve a measure aimed at limiting government spending. Conceived by tax activist Paul Gann, Proposition 4 set tax expenditure limits on the state and local governments based on the proceeds they received from taxes in FY 1978–79, increasing with changes in population and inflation. In any year, an agency may not appropriate tax proceeds in excess of this limit unless an override, lasting a maximum of four years, is approved by a majority of voters.

In 1990, voters approved Proposition 111, which, among other things, altered the spending limit, making the limit more accommodating of local revenue growth.

The 1980s: State Fiscal Retrenchment,
Local Fiscal Innovation
In the years following Proposition 13, local governments faced substantially constrained revenues both from reduced property tax revenues but also from substantial reductions in state and federal aid. The state, after shifting resources to cushion the local impact of Proposition 13, found itself at times in fiscal trouble and repealed various state aid programs and even shifted local revenues to state coffers. Over the fiscal years 1981–82, 1982–83 and 1983–84, the state shifted more than $700 million of VLF revenues from cities, revenue that had never before gone to the state General Fund.
1 During these years,
the state also repealed an assortment of local aid subventions including:
the Highway Carriers Uniform Business Tax, Liquor License Fees, Financial Aid to Local Agencies (bank in-lieu subvention) and Business Inventory Exemption Reimbursements. Most of these payments had been put in place to reimburse local governments for the state establishing a uniform statewide tax in lieu of local taxes or the state exempting some category of taxpayers.

Local governments responded by increasing various fees to recover full costs and eliminate subsidies. They sought out ways to raise existing taxes such as business licenses and hotel taxes. Many adopted new taxes such as utility user taxes, admission and parking taxes. With statutory authorization from the Legislature, they adopted new forms of assessments to provide needed funds for such things as streets, parks, lighting and landscaping.

The Courts Weaken Local Fiscal Authority
Meanwhile, local control over fiscal matters continued to weaken.

Proposition 13 had shifted the power to allocate what had been the number one source of discretionary local revenue, property taxes, to the Legislature. Subsequent court decisions further weakened local fiscal Redlands Regular Meeting of 02-06-24
367 of 857
Chapter 1: Milestones in Municipal Revenues
| 6
autonomy. In 1991, the California Supreme Court gave the state wider latitude to define a “matter of statewide concern” at the expense of home rule authority in fiscal affairs. In California Federal Savings & Loan v. Los Angeles, the court acknowledged that local taxation is generally a municipal affair, but declared the state’s system of taxation of financial institutions to be a matter of statewide concern. The court concluded that the conflicting charter city measure ceased to be a municipal affair and the Legislature was not prohibited by the Constitution from addressing the statewide dimensions of its own enactments. Assuming that financial institutions should be subject to a limited amount of taxation, the state decided that permitting local governments to receive a portion of these revenues through local taxation would interfere with the state’s ability to raise revenues for its own purposes.

Majority Vote for Taxes in General Law Cities and
Counties: Proposition 62 (1986)
Reacting to the various forms of new local taxes and increases in fees in the wake of Proposition 13, the Howard Jarvis Taxpayers Association and other taxpayer groups responded with several follow- up initiatives. Proposition 62, a statutory initiative, passed in November 1986, restating the super-majority vote requirement for special taxes, imposing a majority vote requirement for general taxes, and prohibiting the imposition of taxes on the transfer of real estate. For nearly a decade, the applicability of Proposition 62 remained uncertain in the face of various court cases. Most provisions were eventually superseded by Proposition 218 in 1996.

Educational Revenue Augmentation Funds
The most dramatic example of the shift of power from local governments to the state is the Legislature’s use of local property tax to balance the state’s budget troubles beginning in the early 1990s.

Despite major changes in local priorities and needs, the apportionment formulas for property taxes had remained largely unchanged since AB 8. In 1978, neither the pundits nor the authors of Proposition 13 envisioned the Legislature using the power to allocate local property tax revenue given to it by Proposition 13 as a means to take local tax revenues to meet its own financial needs. But in 1992, facing a serious state General Fund deficit, the state Legislature turned to these powers as a remedy.

To meet its obligations to fund education at specified levels under the Proposition 98 educational funding formulas, the state enacted legislation that shifted partial financial responsibility for funding education to local government (cities, counties and special districts).

The state did this by instructing county auditors to shift the allocation of local property tax revenues from local government to educational revenue augmentation funds (ERAFs), directing that specified amounts of city, county and other local agency property taxes be deposited into these funds to support schools.

In FY 2011–12, the annual impact of the ERAF shift was a shortstopping of some $7.3 billion from cities, counties, special districts and the citizens those entities serve. Counties have borne some 74 percent of this shift; cities have borne 16 percent.

The state has provided some funding to local governments that is considered by most to be mitigation of ERAF. However, the vast majority of these funds are earmarked for particular purposes. Moreover, a relatively small portion of these funds has gone to cities. In 1992, California voters approved Proposition 172, which provided sales tax funding for police, fire and other public safety programs. (See section

6.05 of Chapter 6.) In FY 2011–12, Proposition 172 funds provided only $2.5 billion annually to local government, leaving a $4.8 billion net ERAF gap. Considering all state subventions that the Legislative Analyst defines as “ERAF mitigation,” the net ERAF impact on cities was nearly $900 million in FY 2017-18.
2 As a part of the budget agreement that put Proposition 1A of 2004 on the ballot to protect city revenues from additional shifts and state takeaways, cities, counties and special districts agreed to contribute an additional $1.3 billion per year in FY 2004–05 and FY 2005–06. Although these ERAF III shifts ended in FY 2006–07, the original ongoing shifts that began in fiscal years 1992–94 have not been reduced.3 Redlands Regular Meeting of 02-06-24
368 of 857
Chapter 1: Milestones in Municipal Revenues
7 |
Voting on Taxes, Assessments and Property
Related Fees: Proposition 218 (1996)
In November 1996, California voters approved Proposition 218, expanding restrictions on local government revenue raising by adding Article XIII C and Article XIII D to the California Constitution. The measure allows voters to repeal or reduce taxes, assessments, fees and charges through the initiative process; reiterates the requirement for voter approval for both “special taxes” and “general taxes;” and imposes procedural and substantive limitations on benefit assessments imposed on real property and on certain types of fees.

Proposition 218:
• Establishes a clear constitutional standard distinguishing locally imposed general taxes from special taxes and imposing a majority voter requirement for general taxes (which had already existed for general law cities under Proposition 62) and a supermajority requirement for special taxes (which had already existed under Proposition 13);
4 • Provides citizens with the power to repeal taxes, assessments, fees and charges that are subject to Proposition 218;
• Establishes a formal balloting procedure for the adoption of benefit assessments imposed on property;
• Requires a distinction between special benefits and general benefits with regard to assessments and prohibits the funding of general benefits from property assessments;
• Requires the assessment of public property within an assessment district;
• Places the burden of proof for demonstrating special benefit on the local agency imposing the property assessment; and
• Establishes a new category of fees called “property-related fees” and requires new approval procedures and substantive provisions for those fees.

Constitutional Protection of Local Revenues:

Proposition 1A (2004) and Proposition 22 (2010)
Reacting to continued state shifts of local property tax revenues, the deterioration of local control of fiscal matters and the substantial limitations imposed by Proposition 218, the League of California Cities, the California State Association of Counties (CSAC) and the California Special Districts Association (CSDA) crafted a local revenue protection initiative, Proposition 65, and garnered enough signatures to qualify the proposition for the November 2004 ballot. Gov. Arnold Schwarzenegger, who had recently taken office in the November 2003 recall of Gov.

Gray Davis, immediately signaled his opposition to the measure but a willingness to support a new mutually crafted local revenue protection measure as a part of a larger state-local fiscal restructuring package to include local contributions to assist the state budget problem over two years.

With the active involvement of legislative leadership, the Schwarzenegger Administration, the League, CSAC and CSDA worked on an alternative to Proposition 65 that became Proposition 1A. The Legislature placed the measure on the November 2004 ballot. As part of the 2004 state-local agreement, the state shifted $1.3 billion of local property tax revenues in FY 2004–05 and again in FY 2005–06 (known as ERAF III). In addition, the state General Fund backfill to cities and counties for state cuts of the VLF was eliminated and instead cities and counties were given additional annual property tax revenues. See section 6.01 of Chapter 6. Finally, local government associations agreed to abandon support of Proposition 65 and Governor Schwarzenegger agreed to actively support Proposition 1A.

In November 2004, the voters of California approved Proposition 1A with an unprecedented 84 percent of the yes vote, constitutionally protecting major city revenues from additional shifts to the state and strengthening local governments’ ability to get reimbursement for unfunded mandates. In 2010, voters passed another measure to protect local government finances. Proposition 22 prohibits the state from borrowing, delaying or taking certain funds allocated to local Redlands Regular Meeting of 02-06-24
369 of 857
Chapter 1: Milestones in Municipal Revenues
| 8
governments and eliminated a provision of Proposition 1A allowing the state to borrow a limited amount of property tax revenue under certain conditions. Together, these measures:
• Strengthen prohibitions against unfunded state mandates by requiring the state to suspend state mandates in any year the Legislature does not fully fund those laws.
5 • Expands the definition of state mandate to include transfer of responsibility of a program for which the state previously had full or partial responsibility.
• Prohibits the state from:
• Reducing the local Bradley-Burns Uniform Sales and Use Tax rate or altering its method of allocation. Exception to comply with federal law or an interstate compact;
• Decreasing VLF revenue from the 0.65 percent rate without providing replacement funding to cities and counties;
• Shifting property taxes from cities, counties or special districts; • Failing to reimburse cities and counties for the 0.25 percent local sales tax shifted under the Proposition 57 Sales Tax Triple Flip; and
• Borrowing, delaying or taking motor vehicle fuel tax allocations, gasoline sales tax allocations, public transportation account funds or redevelopment agency property tax increment.

Sales and Use Tax Rate and Allocation Method. Generally, revenue from the 1 percent Bradley-Burns Local Sales and Use Tax is allocated to the city in which the sale occurs, or, if in an unincorporated area, the county. Proposition 1A prohibits the Legislature from reducing the local sales tax rate or changing the method of allocation of local sales tax revenues. Proposition 1A permits the Legislature to change the method of allocation in order to comply with federal law or an inter-state compact.

Local Transactions and Use Tax Authority. Proposition 1A prohibits the state from restricting the authority of a local government to impose transactions and use taxes pursuant to Revenue and Taxation code §7251 or altering the method of allocation of these tax revenues.

Local Sales Tax Reduction Under the Proposition 57 Triple Flip. In March 2004, California voters approved Proposition 57, the California Economic Recovery Bond Act. Legislative provisions implementing Proposition 57 authorized the state to reduce local sales tax and replace it with a state special fund sales tax to repay the bonds effective July 1, 2004. The so called “triple flip”:

1. Reduced the Bradley-Burns Local Sales and Use Tax Rate by one- quarter cent and simultaneously increased the state’s sales tax rate by one-quarter cent to fund fiscal recovery bond repayment;

2. Repaid to cities and counties with additional local property tax previously allocated to local schools; and

3. Repaid to local schools with state General Fund.

Proposition 1A prohibits the Legislature from extending this reduction in local authority to impose the full Bradley-Burns Sales and use tax rate beyond the period necessary to repay the Proposition 57 bonds. The Proposition 57 Sales Tax Triple Flip ended when the economic recovery bonds were fully paid in 2016.

Redlands Regular Meeting of 02-06-24
370 of 857
Chapter 1: Milestones in Municipal Revenues
9 |
Vehicle License Fee. Proposition 1A requires the Legislature to provide replacement revenue to cities and counties if it reduces the VLF rate below 0.65 percent. California Constitution Article XI §15 requires that VLF revenue be allocated to cities and counties. The state may charge for administrative costs (DMV, Controller) and the Legislature retains the power to change state law allocating the VLF among cities and counties.

See section 6.01 for more on the VLF.

Property Tax. Proposition 1A prohibits the Legislature from reducing the share of property tax revenues going to cities, counties and special districts, and shifting those shares to the schools or any other non-local government function. However, the Legislature may alter the allocation of property taxes among cities, counties and special districts with two- thirds approval in each house. Proposition 1A also contained provisions allowing the state to borrow up to 8 percent of city, county and special district property tax revenues in one year under specific conditions. The Legislature invoked this option as a part of the 2009 Budget Act. The loan, used to finance annual operations in FY 2009–10 was fully repaid with interest according to law in June 2013. Proposition 22 (2010) prevented this from occurring again by eliminating this property tax loan option. See section 2.01 for more on the property tax.

Proposition 1A did not provide local governments with any new revenue nor reduce or alter the ERAF I and II shifts.

Refining the Definition of “Tax”
Proposition 26 (2010)
In November 2010, California voters passed Proposition 26, which added a definition of “tax” to the California Constitution. The new provisions state that a government-imposed charge, levy or exaction of any kind is a tax unless it falls into one of seven express exceptions.

The effect of the measure was to particularly tighten the definition of regulatory fees and certain assessments.

The Great Recession and the Dissolution
of Redevelopment
Despite the substantial protections provided to local governments by Propositions 1A and 22, threats to local finances continued. Local budgets struggled from the impacts of the great recession, mounting costs of pensions and unfunded public employee retiree health benefits.

Three large cities, unable to balance their budgets without violating legal payment obligations and unable to garner sufficient concessions from labor and other creditors, entered into bankruptcy proceedings.

Others cut public services to unprecedented low levels.

Meanwhile, the State Budget Act of 2011 included a major realignment of corrections and law enforcement programs to counties with potential crime impacts in local communities. Counties sought assurances that adequate funding would also be provided. In last minute “gut-and- amend” legislation, all remaining city VLF funds were shifted to pay for state law enforcement grants to locals that had previously been funded by the state general fund. This wiped out allocations to new cities and annexations that had compensated for a flaw in the 2004 VLF-Property Tax swap.

With the 2011 Budget Act, Gov. Jerry Brown also signed into law two bills aimed at extracting revenues from redevelopment agencies to help remedy the state’s ongoing budget deficit. The legislation provided that each redevelopment agency must agree to make substantial annual payments to aid the state or dissolve as of October 1, 2011.

On December 29, 2011, the California Supreme Court upheld the constitutionality of dissolution of redevelopment while striking down the payment scheme. Approximately 400 redevelopment agencies dissolved on February 1, 2012, with the assets and liabilities transferred to successor agencies and successor housing agencies.

Redlands Regular Meeting of 02-06-24
371 of 857
11 |
TAXES
A tax is a monetary imposition by a government on persons or property for the purpose of raising revenue to support the purposes of the government.1 In contrast to an assessment or a fee, a tax need not be levied in proportion to specific benefit to a person or property. Fees or charges will be considered taxes to the extent they exceed the reasonable cost of the service, commodity or facility for which they are imposed.

California cities do not have an inherent power to tax. Charter cities are given the power to tax pursuant to Article XI, §5 of the California Constitution and may levy taxes for municipal purposes without specific authorization from the Legislature. As authorized in state statute, a general law city, with certain exceptions, may levy any tax that a charter city may levy.
2 State law may set certain limits and
procedures and may exempt certain activities from taxes levied by general law cities. These laws apply to charter cities in matters that the courts have determined are of statewide concern.

Chapter 2
“The nation should have a tax system that looks like
someone designed it on purpose.”
— WILLIAM SIMON
Redlands Regular Meeting of 02-06-24
372 of 857
| 12
Chapter 2: Taxes
• A special tax is a tax that is collected and earmarked for a specific purpose and deposited either into a separate account or the General Fund. A two-thirds vote of the electorate is required to impose, extend or increase any special tax.

Proposition 26: Defining a Tax By What it is Not
California voters approved Proposition 26 in November 2010, placing new rules into the California Constitution stating that a government- imposed charge, levy or exaction of any kind is a tax unless it falls into one of seven express exceptions.

1. A charge imposed for a specific benefit conferred or privilege granted directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

Specific Benefit Exception examples include fees for planning permits, restricted neighborhood parking permits and entertainment and street closure permits.

2. A charge imposed for a specific government service or product provided directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.

Government Service or Product Exception examples include user fees for parks and recreation classes, utilities (other than those covered under number 7), public records copying fees, DUI emergency response fees and emergency medical and ambulance transport service fees.

General and Special Taxes
The passage of Proposition 13 in 1978 created a distinction between “general” and “special” taxes. Proposition 218, in 1996, further defined and established procedures for general taxes.3
• A general tax is a tax imposed for general governmental purposes, the proceeds of which are deposited into the General Fund. A majority vote of the electorate (those voting on the measure) is required to impose, extend or increase any general tax.
» An election on a general tax must be consolidated with a regularly scheduled general election of city council members, except in cases of emergency, declared by a unanimous vote of the city council.4
» Single-purpose special districts (special purpose districts) may not impose general taxes.

General Tax Special Tax
Use of Revenues • Unrestricted • Specific purpose
Governing Body
Approval
• General law cities: two-thirds
• Charter cities: majority
• Counties: two-thirds
• Transactions and Use Taxes: two-
thirds See section 2.03 of this
chapter.
• Majority
Voter Approval • Majority • Two-thirds
Other Rules • A general tax election must be
consolidated with a regularly
scheduled general election of
members of the governing body,
unless an emergency is declared
by unanimous vote (among those
present) of the governing body.
• Special tax funds must be deposited in a
separate account. The taxing agency must
publish an annual report including:
1) the tax rate; 2) the amounts of
revenues collected and expended and 3)
the status of any project funded by the
special tax.5
Redlands Regular Meeting of 02-06-24
373 of 857
13 |
Chapter 2: Taxes
mitigation fees.

7. Assessments and property-related fees imposed in accordance with the provisions of Article XIII D (Proposition 218).

Proposition 218 Exception examples include assessments on real property for special benefit conferred, fees imposed upon a parcel or a person as an incident of property ownership, and fees for a property related service such as many retail water and sewer fees.

When is a Tax Imposed, Increased or Extended?
Under Proposition 218, no local government may impose, extend or increase any general tax until such tax is submitted to the electorate and approved.6
A tax is “imposed” when the local tax ordinance is adopted, and each time a tax is collected.7 “Extend” means a decision by an agency to extend the stated effective period for the tax or fee or charge, including amendment or removal of a sunset provision or expiration date.8 A tax is “increased” when an agency either 1) increases the rate used to calculate the tax, or 2) revises the methodology by which the tax is calculated if that revision results in an increased amount being levied on any person or parcel.9 A tax is not “increased” if 1) it is imposed at a rate no higher than the maximum rate previously approved, or 2) it is adjusted in accordance with a schedule of adjustments, including a clearly defined formula for inflation that was adopted prior to November 6, 1996.10 However, a tax which is calculated by using a percentage is “increased” when it is adjusted for inflation even if the voters approve the tax.11

3. A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof.

Permits and Inspections Exception examples include health and safety permits, building licenses, police background checks, pet licenses, bicycle licenses and permits for regulated commercial activities (such as massage establishments, card rooms, taxicabs and tow-truck operators).

For exceptions 1 through 3, the fee imposed must not exceed the agency’s reasonable costs.

4. A charge imposed for entrance to or use of local government property or the purchase rental or lease of local government property.

Local Government Property Exception examples include facility room rentals; equipment rentals; park, museum and zoo entrance fees; golf greens fees; on and off-street parking; and tolls.

5. A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government as a result of a violation of law, including late payment fees, fees imposed under administrative citation ordinances, parking violations, etc.

Penalty for Illegal Activity Exception examples include parking fines, code enforcement fees and penalties, late payment fees, interest charges and other charges for violation of the law.

6. A charge imposed as a condition of property development.

Property Development Exception examples include planning fees, building permit fees, construction and grading permits, development impact fees, fees imposed by California Environmental Quality Act mitigation requirements and Quimby Act and park Redlands Regular Meeting of 02-06-24
374 of 857
| 14
Chapter 2: Taxes
Additional Aspects of Municipal Taxation
in California
• A local tax can be reduced or repealed by initiative unless it supports bonded debt. Many taxes can be imposed or increased by initiative as well.
• Certain types of local taxes are specifically pre-empted by state law. These include taxes on cigarettes, alcohol and personal income.12
• State law provides various additional procedural requirements for the enactment of some taxes depending on the type of tax. • If a local agency wants to collect a previously approved tax at a rate lower than was authorized by the voters, the agency should make it very clear in its official actions that the rate is being “suspended” for a certain period of time and not being permanently lowered. An agency that collects a previously approved tax at a rate lower than was authorized by the voters without a statement clarifying the intent and purpose of the suspension may trigger a Proposition 218 vote requirement when it begins collecting the tax at the previously approved rate.13 For More Information:

Proposition 218 Implementation Guide, League of California Cities, 2007 Edition.

California Municipal Law Handbook, Chapter V, League of California Cities.

Proposition 26 Implementation Guide, League of California Cities, 2011 Edition. www. cacities.org/Prop26Guide.
“The power of taxing
people and their
property is essential to
the very existence of
government.’’
— JAMES MADISON,
U.S. PRESIDENT

Applying Proposition 26
YES
NO
NO
NO
YES
YES
THEN ...

1. The Special Beneﬁt or Privilege Exception. Fees imposed that provide a special beneﬁt to the person paying the fee or directly grants the person some privilege. See Section 4.01.

2. The Government Service or Product Exception. Fees imposed for a speciﬁc government service or product provided directly to the person paying the fee. See Section 4.01.

3. The Regulatory Program Exception. Fees to cover reasonable regulatory costs of issuing licenses and permits, performing investigations, inspections and audits, and enforcement. See Section

4.04. 4. The Local Government Property Exception. Fees for the use of or entrance to local government property. See Section 5.06.

5. The Fines and Penalties Exception. Fines and penalties imposed for violations of the law. See Section 5.05.

6. The Property Development Exception. Fees imposed as a condition of property development. See Section 4.03.

7. The Proposition 218 Exception. Property assessments and property-related fees subject to the approval requirements of Proposition 218. See Section 4.02 (property related fees) or Section

3.01 (Assessments on Property).

If you have a charge imposed by a
government agency ...

It is a “tax.”
Voter approval is required.

See Chapter 2.

Was the fee or charge “imposed” (some government force or authority obliges the payer to pay the fee)
Under Proposition
26, it is NOT a tax
Was it authorized prior to
November 3, 2010 (the
eﬀective date of Prop. 26)
Does one of the seven
exceptions apply?
The fee may be implemented until it is
“increased” or “extended” by legislative
action.

Redlands Regular Meeting of 02-06-24
375 of 857
| 72
Chapter 2: Endnotes
1 People V. McCreery, 34 Cal. 432 (1868).
2 Government Code §37100.5.
3 California Constitution Article XIII A, California Constitution Article XIII C. 4 California Constitution Article XIII C §2, Government Code §53724. 5 Government Code §§50075.1-50075.5.
6 Cal. Const., art. XIII C, §2(b).
7 Howard Jarvis Taxpayers Association v. City of La Habra (2001) 25 Cal. 4th 809, 824. 8 Government Code, §53750(e).
9 “Methodology” has been defined as “a mathematical equation for calculating taxes that is officially sanctioned by a local taxing entity.” A.B. Cellular v. City of Los Angeles (2007) 150 Cal. App. 4th 747. 10 California Constitution Article XIII C, §2(b) and (d); Government Code §53750(h)(2)(A). 11 Government Code §53739.
12 Revenue and Tax Code §17041.5.
13 A.B. Cellular v. City of Los Angeles (2007) 150 Cal. App. 4th 747. 14 California Constitution Article XIII, Section 19. 15 Revenue and Taxation Code, §100.
16 California Constitution Article XIII §11, California Constitution Article XIII. 17 California Constitution Article XIII §3(k), Revenue and Tax Code §218, Government Code §§16120- 16123, California Constitution Article XIII §25. 18 Government Code §51200 et seq., Government Code §16140 et seq., Revenue and Tax Code §421. 19 California Constitution Article XIII §3, Revenue and Tax Code §205.1. 20 California Constitution Article XIII A §2, Revenue and Tax Code §69.5, Proposition 20 (1986), Proposition 90 (1988), Proposition 110 (1990).
21 Proposition 50 (1986), Proposition 171 (1993), Proposition 1 (1998). 22 California Constitution Article XIII A §2, Proposition 3 (1982). 23 California Constitution Article XIII A §2, Revenue and Tax Code §63.1, Proposition 58 (1986), Proposition 194 (1996).
24 California Constitution Article XIII A §2, Proposition 31 (1984). 25 California Constitution Article XIII A §2, Proposition 177 (1994). 26 California Constitution Article XIII A §2, Proposition 7 (1980). 27 California Constitution Article XIII A §2, Proposition 127 (1990). 28 California Constitution Article XIII A §2, Proposition 1 (1998). 29 Proposition 50 (1986), Proposition 171 (1993), Proposition 1 (1998). 30 County of Orange v. Bezaire, 117 Cal. App. 4th 121 (2004). 31 Named after the bill which implemented the first version of this system in 1979 but amended many times since then.
32 SB 2557 (Maddy) Statutes of 1990. California Revenue and Tax Code §95.3& §97.75. 33 The annual CCPI is determined by the California State Board of Equalization. Revenue and Taxation Code §51.
34 Health and Safety Code §33670.
35 Health and Safety Code §33607.5.
36 Cal. Const. art XIII A §1(b)(1).
37 Carman v. Alvord 31 Cal.3d 318 (1982).
38 Those are: the county of Santa Clara and the cities of: Albany, Bell, Beverly Hills, Cloverdale, Coalinga, Compton, El Monte, Eureka, Fairfax, Glendora, Huntington Beach, Huntington Park, Lynwood, Maywood, Monrovia, Montebello, Monterey Park, Oakland, Oxnard, Rialto, Richmond, San Anselmo, San Fernando, San Gabriel, and Watsonville. 39 Howard Jarvis Taxpayers Association v. County of Orange (City of Huntington Beach) 110 Cal. App. 4th 1375 110 Cal. App. 4th 1375 (2003).
40 California State Board of Equalization (BOE) administered sales and use taxes until July 2017. 41 California Constitution Article XIII §25.5(a)(2)(A). 42 California Constitution Article XIII §25.5(a)(6).
43 California Constitution Article XIII §25.5(a)(5).
44 South Dakota v. Wayfair, 138 S.Ct. 2080 (2018) 45 Quill Corp. v. North Dakota, 504 U.S. 298 (1992) 46 Revenue and Taxation Code § 6203.
47 Revenue and Taxation Code § 7262
48 Revenue and Tax Code §7204.3.
49 South Dak ota v. Wayfair, 138 S.Ct. 2080 (2018)
50 Revenue and Taxation Code § 7262
51 Revenue and Taxation Code
52 Uniquely and confusingly, Los Angeles County’s Measure H Homeless 0.25 percent tax stipulates that is will not be imposed in the cities of Compton, Long Beach, Lynwood, Pico Rivera, Santa Monica, and South Gate because doing so would cause the rate in those cities to exceed the 10.25 percent maximum tax rate allowed under the law in Los Angeles County. If and when an existing tax in one of these cities expires, the Measure H tax will be imposed in that city immediately.

The total combined rate in City of Santa Fe Springs is 10.50 percent, the highest rate in the state, exceeding the maximum rate of 10.25 percent in Los Angeles County as authorized by Revenue and Taxation Code section 7286.27.
53 Yuba County’s 0.5 percent Measure K rate, approved in November 2018 is currently subject to legal challenge.
54 Revenue and Tax. Code §17041.5.
55 Revenue and Tax Code §7284.1(a), Business and Professional Code §16000(b). 56 Revenue and Tax Code §23182, California Constitution Article XIII §27, 28. 57 Busn and Prof Code §16000(b).
58 Government Code §37001.5.
59 Government Code §37001.7.
60 Attorney General opinion 94-1204.
61 Government Code §50026.
62 Figures in the table on the following page are inflation adjusted to 2006.

Endnotes
Redlands Regular Meeting of 02-06-24
376 of 857
73 |
Chapter 2: Endnotes
78 Vehicle Code §9250.7(g) provides the requirements for approval by the board of supervisors of the county, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county. The tax approval procedures are provided in California Constitution Article XIII C and Government Code §53724. Under current law, both apply. 79 Government Code §6589.20.
80 Government Code §35089.220(e) states “’countywide transportation planning agency’ means the congestion management agency created pursuant to Chapter 2.6 (commencing with §65088) or the agency designated pursuant to §66531 to submit the county transportation plan.” 81 Government Code §6589.20.
82 Regional transportation plan adopted pursuant to Government Code §65080. 83 Streets and Highways Code §2551(a).
84 Created pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code or council of governments formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. The Metropolitan Transportation Commission functions as the service authority for the counties of Santa Clara, San Mateo, Alameda, Contra Costa, Marin, Solano, Sonoma, Napa, and the city and county of San Francisco. The Sacramento Area Council of Governments functions as the service authority for the counties of Sacramento, Yolo, Yuba, Sutter, and San Joaquin.
85 Streets and Highways Code §2555.
86 Vehicle Code §9250.10.
63 Charter cities: California Constitution Article XI §5; General Law cities: Government Code §37100.5. 64 Revenue and Tax Code §7284.2.
65 42 U.S.Constitution §§4251 et seq.
66 IRS Notice 2006-50.
67 Revenue Bulletin 2007-5 Section 10.
68 4 U.S.Constitution §§116 et seq.
69 Verizon Wireless v. Los Angeles, No. B185373, AB Cellular LA, LLC dba AT&T Wireless v. City of Los Angeles, 150 Cal. App. 4th 747 (2007).
70 Government Code §53750(h).
71 Revenue and Tax Code §§11921-11930.
72 Revenue and Tax Code §11911 et seq. Transactions that are subject to these taxes in these charter cities are then subject to a county documentary transfer tax rate of $1.10 per $1,000 of real property value.
73 Centex Real Estate Corp. v. Vallejo, 19 Cal. App. 4th 1358, 24 Cal. Rptr . 2d 48 (1993). 74 59 Cal. Const. art XIII D.
75 Vehicle Code §2710(a).
76 Vehicle Code §9250.7(a)(1).
77 Vehicle Code §9250.7(a)(2).

Redlands Regular Meeting of 02-06-24
377 of 857
Chapter 1: Milestones in Municipal Revenues
| 10
But in November 2012, the state’s fiscal woes took a major turn for the better. Following substantial cuts in state programs, voters approved Proposition 30, temporarily increasing state sales and income tax rates.

The state budget was more easily balanced and the Legislature began fully paying down over $30 billion in accumulated budgetary debt. In 2016, voters approved Proposition 55 to extend Prop 30 through 2030.

The Road Ahead for California Local Finance
Local revenues are now more stable and protected than ever before.

Substantial constitutional limits have been placed on the Legislature’s ability to take or shift local revenues. The state’s fiscal condition has improved thanks to major program reductions in many areas, an infusion of temporary taxes that will pay off a mountain of accumulated budgetary debt and a gradually improving economy.

But major risks and uncertainties persist. While Proposition 30 and Proposition 55 have seemingly provided a reprieve, the state continues to struggle with the funding of corrections, health care, education, public employee benefits and major infrastructure. Substantial unbudgeted liabilities loom in teacher and state employee retirement systems. The state’s long term budgetary balance remains cloudy.

The finances of local agencies face similar challenges. Many local agencies are grappling with major unbudgeted liabilities in the areas of post employment benefits (especially healthcare) — pension plan cost increases due to lower investment earnings, greater longevity and unsustainable benefit levels previously granted, especially in the areas of police and fire. Local public works systems face major improvement needs in many areas.

Threats to the ability of communities to finance local services through locally levied taxes and other sources of revenue are likely to continue.

Local governments will continue to grapple with evolving local public service needs and a local revenue portfolio that fluctuates with economic and socio/technical changes. Rather than make necessary effective reforms, the Legislature usually chooses expedient, ineffective “band-aid” remedies to serious local finance issues.

While local revenues are returning on the heels of a slowly recovering economy, public employee pensions and retiree health care costs are outpacing this revenue growth. The specter of a recession in the next decade also foreshadows more municipal insolvencies. Municipal fiscal sustainability is a critical issue.

As always, skilled finance and management is essential to move forward through this. This handbook is designed to help you find your way.

For More Information:

Financing California Cities - Overviews and Primers. http://www.californiacityfinance. com/#FINCITIES
Proposition 26 and 218 Implementation Guide. League of California Cities. May 2017. http://www.cacities.org/Prop218andProp26
Proposition 218 Implementation Guide for Special Districts. Kelly Salt. California Special Districts Association. 2013. https://www.waterboards.ca.gov/waterrights/water_issues/ programs/drought/pricing/docs/csda_guide_proposition_218.pdf Current Developments Under Propositions 13, 62, & 218 by Michael G. Colantuono. http://www.cllaw.us/papers-library/#Finance
California Municipal Law Handbook, Chapter V., League of California Cities .

Proposition 26 and Proposition 218 Implementation Guide, League of California Cities, 2019 Edition.

Guide to Local Government Finance in California, Second Edition, Multari, Michael, Michael Coleman, Kenneth Hampian, and Bill Statler, Solano Press Books, 2017.

Endnotes
1 Sub sequently, in 1986, the voters approved Proposition 47 which requires that VLF revenues be allocated to local governments.
2 Cities not including the city and c ounty of San Francisco. 3 Sub sequent to the transfer of these funds, they are reallocated within each county back to cities and counties to compensate for the state’s repeal of the VLF backfill in 2004 and the temporary one-quarter cent sales tax shift to support the state deficit reduction bonds. However, this mechanism does not alter the existence or real effect of the ERAF I and II shifts. 4 In 1982, the State Supreme Court decided City and County of San Francisco v. Farrell, which defined the term special tax as any tax earmarked for a specific purpose. Under Proposition 13, a special tax requires the approval of two-thirds of voters.
5 Pr oposition 1A does not apply to mandates affecting local schools or mandates related to employee relations and collective bargaining.

Redlands Regular Meeting of 02-06-24
378 of 857
Glossary
195 |
Admissions Tax
A tax is imposed on the consumer for the privilege of
attending a show, performance, display or exhibition. See Section 2.08.

Advance Refunding
When restructuring or retiring outstanding bonds, the
refunding is an “advance refunding” if the outstanding
bonds will not be paid off until later than 90 days after sufficient funds have been deposited with a trustee.

Generally, federal law limits advance refundings to one occurrence. See also “current refunding.”
Ad Valorem Tax
A tax assessed based on the dollar value of an item or
activity. Typical examples are property and sales taxes. Ad valorem taxes contrast with per-unit taxes, such as alcoholic beverage and cigarette taxes, which are assessed at a fixed dollar per unit purchased.

Appropriation
A legal authorization granted by the city council to expend monies, and incur obligations for specific purposes.

Appropriations Limit
A maximum amount of revenues that may be appropriated
by a government agency determined under California
Constitution Article XIII B and implementing legislation. See Chapter 10.

Appropriations Subject to Limit
Revenues defined as “proceeds of taxes” under California Constitution Article XIII B and implementing legislation. See Chapter 10.

Arbitrage
A technique used to take advantage of price differences in separate markets. This is accomplished by either by
selling debt instruments at a low interest rate and investing the proceeds at a higher rate or by purchasing securities, negotiable instruments or currencies in one market for
immediate sale in another market at a better price.

Assessed Valuation
The value of real property for the purpose of taxation. See Section 2.01.

Assessment District
Not a separate governmental entity, but rather a defined area of land which will be benefited by the acquisition, construction or maintenance of a public improvement.

Banker’s Acceptance
A highly liquid and safe money market instrument created to facilitate international trade transactions whereby the risk of trade transaction is transferred to the bank which “accepts” the obligation to pay the investor. Local agencies in California may invest up to forty percent of their portfolio in this type of security for a term of 180 days or less.

BANs
See bond anticipation notes.

Benefit Assessment
Charges levied on parcels to pay for public improvements or services provided within a pre-determined district or area according to the benefit the parcel receives from the improvement or services.

Benefit Assessment Act of 1982
The 1982 Act allows cities, counties and special districts to finance a variety of improvements. The act requires
majority voter approval if the proposed assessment area has 12 or more registered voters. If fewer than 12, the owners of at least 60 percent of the land in the assessment area must give written consent to the assessment.

Benefit Assessment Bonds
Bonds levied by cities, counties and special districts to acquire or construct public improvements which convey a special benefit to a defined group of properties.

Block Grant
Federal grant allocated according to predetermined
formulas and for use within a pre-approved broad
functional area such as the CDBG (Community
Development Block Grant).

Bond Anticipation Notes (BANs)
BANs are short-term borrowings by a public entity
appropriate to obtain financing for a project for which bonds are authorized but not yet issued. BANs permit
the issuance of debt in increments as work on a project progresses and before some or all of the bond proceeds are available.

Bond Resolution
A legal order or contract by a governmental unit to
authorize a bond issue. A bond resolution carefully details the rights of the bondholders and the obligations of the issuer.

Bonds
A certificate of debt issued by an entity, guaranteeing payment of the original investment, plus interest, by a specified future date.

Broughton Act
Restricts city collection of franchise payments to 2 percent of the franchise’s gross annual receipts arising from use of the franchise.

Business Improvement District
A public-private partnership in which businesses in a
defined area pay special taxes, fees and/or assessments to fund public facility improvements and programs in the area.

See Section 3.02.

Business Operations Tax
Commonly called a “Business License Tax,” a type of excise tax imposed on businesses for the privilege of conducting business within the city. The tax is most commonly based on gross receipts or levied at a flat rate.

California State Board of Equalization (BOE)
California state agency responsible for the collection and administration of the state’s alcohol and insurance taxes.

In addition, the BOE assesses the value of railroad and utility properties for the purpose of property taxation and provides oversight of property tax assessment practices.

In 2017, many BOE tax administration responsibilities
were transferred to a new Department of Tax and Fee
Administration and to an independent Office of Tax
Appeals.

California Department of Tax and Fee Administration
(CDTFA)
California state agency within the Governor’s
Administration, created by the Taxpayer Transparency
and Fairness Act of 2017, responsible for the collection, administration and distribution of sales, transactions and use, timber yield, tobacco, cannabis, motor vehicle fuel, jet fuel, prepaid mobile telephony and other taxes, as well as various state environmental and occupational health fees and surcharges.

Redlands Regular Meeting of 02-06-24
379 of 857
Glossary
| 196
California State Controller
The Controller is the chief fiscal officer of the state and is elected every four years. The Controller is responsible to:
account and disburse all state funds; determine the legality and accuracy of claims against the state; pay the state’s bills; audit and process all personnel and state payroll transactions; audit various state and local government
programs; administer the Unclaimed Property Law; and
inform the public of financial transactions of city, county and district governments.

Capital Improvement Program (CIP)
Annual appropriations in the city’s budget for capital
improvement projects such as street or park improvements, building construction, and various kinds of major facility maintenance.

Capital Outlay
Expenditures which result in the acquisition of, or addition to, fixed assets.

Categorical Grant
Grant typically allocated either to qualifying applicants according to a formula or to applicants competing for
project grants through an application process. Categorical grants are the most common form of federal aid.

Certificates of Participation (C.O.P .)
Debt instrument, commonly called C.O.P ., that provides long-term financing through a lease (with an option to
purchase) or through an installment agreement.

Charter City
Charter cities have authority over “municipal affairs,” trumping state law governing the same topic. In contrast, a general law city is a city that has not adopted a charter and is therefore bound by the state’s general laws, even with respect to municipal affairs.

Citizens Option for Public Safety (COPS)
A state subvention for local law enforcement initiated in 1996. See Section 6.03.

Community Facilities District (CFD)
See Mello-Roos Community Facilities District.

Community Rehabilitation District Law of 1985
Allows cities and counties to fund the renovation and repair (but not maintenance) of an existing structure.

Concessions
Revenues received from concessionaires for privilege of operating a concession on city property.

Construction/Development Tax
Excise tax imposed on the privilege or activity of
development and/or the availability or use of municipal services. See section 2.10.

Consumer Price Index (CPI)
A statistical description of price levels provided by the U.

S. Department of Labor. The change in this index from year to year is used to measure the cost of living and economic inflation.

COPS
See Citizens Option for Public Safety.

C.O.P .

See certificates of participation.

County Assessor
An elected official whose main duty is to set values on real property for the purpose of taxation within the
county. The Assessor is responsible for the creation and maintenance of assessor parcels from final subdivisions, parcel maps, lot line adjustments, record of survey, deeds and miscellaneous documents.

County Auditor-Controller
The chief accounting officer of the county established to provide various accounting and property tax administration services to the county and other local governments within the county. The Auditor Controller is responsible for budget control, disbursements and receipts, financial reporting and for audits of certain agencies within the county. Auditor- Controllers are nonpartisan elected officials serving four year terms, except in four counties with appointed officers:

San Francisco, Santa Clara, Los Angeles and San Diego.

County Treasurer-Tax Collector
Administers the billing, collection and reporting of property tax revenues and conducts Tax Defaulted Property Sales
for real property tax delinquencies remaining after five years. Treasurer-Tax Collectors are nonpartisan elected officials serving four-year terms except in three counties with appointed officers: Los Angeles, Sacramento and Santa Clara.

Countywide/Statewide Pools
A system used to allocate local sales and use tax payments that cannot be identified with a specific place of sale or use in California. Local tax reported to the pools is distributed to the local jurisdictions in proportion to taxable sales.

Current Refunding
When restructuring or retiring outstanding bonds, if
bonds are paid off within 90 days of depositing either cash on hand or refunding bond proceeds, the refunding is a
“current refunding.” See also “advance refunding.”
Debt Financing
Issuance of bonds and other debt instruments to finance municipal improvements and services.

Debt Instrument
Written pledge to repay debt such as bills, notes and bonds.

Debt Service
Payment of principal and interest on long-term
indebtedness.

Dedication
The donation “dedication” of certain lands (or money) to specific public uses as a requirement for the approval of a development project. The dedications are typically justified as an offset to the future impact the development will have on existing infrastructure. Also called an “exaction.” See section 4.03.

Development Impact Fees
Fees placed on the development of land or conditions
required for the approval of a development project such as the donation “dedication” or “exaction” of certain lands (or money) to specific public uses. The fees are typically justified as an offset to the future impact that development will have on existing infrastructure. See Section 4.03.

D.I.V.C.A.
“The Digital Infrastructure and Video Competition Act of 2006” [AB 2987 (Nunez/Levine)] effectively replaced locally issued franchise agreements for video service with a system of state-issued franchises subject to certain limited, locally imposed conditions and requiring franchise fees to be paid to local agencies where services are provided. See Section

5.01. Redlands Regular Meeting of 02-06-24
380 of 857
Glossary
197 |
Documentary Transfer Tax
Tax imposed on documents recorded in the transfer of
ownership in real estate as distinguished from a Real
Property Transfer Tax which may only be imposed by
charter cities. See section 2.07.

Encumbrance
An anticipated expenditure committed for the payment of goods and services not yet received or paid for.

Earmarked funds
Funds that have been tagged or “earmarked” for a specific purpose.

ERAF: Educational Revenue
Augmentation Fund
Accounts established by the state Legislature to receive shifts of property tax revenues from cities, counties, special districts and redevelopment agencies. The additional ERAF property tax revenues to schools enable the state to reduce support from the state general fund, thereby saving the state billions of dollars annually.

Exactions
See dedications.

Excise Tax
Tax placed on a person for a voluntary act, making the tax avoidable. Includes sales and use tax, business operations tax, transient occupancy tax, utility users tax, etc. Phrase “excise tax” is most commonly used to refer to a parcel tax.

Exemption
The exclusion from the tax base of certain types of
transactions or objects. For example, federally-owned land is exempted from property tax.

Expenditure
The actual payment for goods and services.

Fee
A charge to the consumer for the cost of providing a
particular service. California government fees may not
exceed the estimated reasonable cost of providing the
particular service or facility for which the fee is charged, plus overhead.

Forfeiture
See fines, forfeitures and penalties.

Fines, Forfeitures and Penalties
Revenues received and/or bail monies forfeited upon
conviction of a misdemeanor or municipal infraction.

Fiscal Year
The period designated by the city for the beginning and ending of financial transactions. Nearly all city fiscal years begin on July 1 and end June 30 of the following year.

Franchise Act of 1937
Like the Broughton Act, restricts franchise collections to 2 percent of gross annual receipts, but includes a minimum fee of one-half percent of gross annual receipts for electric franchises or 1 percent of gross annual receipts for gas or water franchises operating within the city limits.

Franchises
Fee paid to a municipality from a franchisee for “rental” or “toll” for the use of city streets and rights-of-way.

Functional Revenue
Revenues that can be associated with and allocated to
one or more expenditure functions and which meet one
of the following criteria: 1) the revenue is generated from direct services, such as revenues from fees or charges; 2) the revenue is associated with a specific service by external requirements, such as grant conditions, bond sale agreements or statutory or charter requirements.

Fund
Accounting entity with a set of self-balancing revenue and expenditure accounts used to record the financial affairs of a governmental organization.

Fund Balance
Difference between the assets (revenues and other
resources) and liabilities (expenditures incurred or
committed to) of a particular fund.

Full Faith and Credit
Pledge by issuer of general obligation bonds to bondholders that issuer guarantees “all available funds” be used to pay bondholders should the project go into default.

Full Service City
A city that is financially responsible for the major categories of municipal services including police, fire, planning and parks services.

GANs
See grant anticipation notes.

Gann Initiative
See Appropriations Limit and Chapter 10.

Gann Limit
See Chapter 10.

Gasoline Tax
See Motor Vehicle Fuel Tax.

General Fund
Fund used to account for all financial resources except those required to be accounted for in another fund (e.g., enterprise or grant funds). Usually, the General Fund is the largest fund in a municipality.

General Law City
A city that has not adopted a charter and is therefore
bound by the state’s general laws, even with respect to municipal affairs. In contrast, charter cities have authority over “municipal affairs,” trumping state law governing the same topic. See also “charter city.”
General Obligation (GO) Bonds
Bonds issued through a governmental entity which has the legal authority to levy a tax on real and personal property located within the governmental boundaries at any rate
necessary to collect enough money each year to pay for
principal and interest due.

General Revenue
Those revenues that cannot be associated with a specific expenditure, such as property tax (other than voter
approved indebtedness), sales tax and business operations tax.

General Revenue Sharing Program
Federal program established in 1972 to share federal
monies with state and local governments. The program
was extended in 1976 and again in 1980, but was ended in 1986.

Redlands City CouncilFebruary 6, 2024

Redlands City Council
February 6, 2024