Agenda packet — Redlands City Council, March 5, 2024 (part 1 of 5)

CITY OF REDLANDS

CITY COUNCIL

A G E N D A S
MARCH 5, 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
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:

TUESDAY, MARCH 5, 2024
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Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

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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.

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

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PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
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5:00 P.M.

A. Call City Council Meeting to Order.

B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess until 6:00 P.M. Open Session.

There are no Closed Session matters.)
6:00 P.M.

E. Reconvene City Council Meeting
F. Invocation by Council Member Davis
Pledge of Allegiance by RUSD eAcademy, ASB students
(In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
G. Presentations

1. Redlands Pet Adoption (Redlands Animal Services)
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 February 20, 2024 and the special meeting minutes of February 21, 2024 (City Clerk Donaldson)

2. Approve recommendation for appointment to the Human Relations Commission (Council Member Saucedo)

3. Adopt Resolution No. 8558 Delegating Investment Authority to the City Treasurer Pursuant to Government Code Section 53607 (Management Services/Finance Director Garcia)

4. Approve the Memorandum of Understanding between the City of Redlands and the City of Victorville for the loan of a Fire Tiller Truck to Victorville Fire Department (Fire Chief Sessler)

5. Approve the Memorandum of Understanding with the San Bernardino County Department of Recycled Paper
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5. Approve the Memorandum of Understanding with the San Bernardino County Department of Public Health Environmental Health Services to provide Edible Food Recovery Inspection and Enforcement per Senate Bill1383 (Facilities and Community Services Director Crocker)

6. Approve the request for commercial vendors and the temporary closure of a portion of 5th Street for the Stronger Together Now Giving Sunday event within Ed Hales Park on Sunday, March 31, 2024; approve a request for in-kind support in the amount of $1,969, and determine that the event is categorically exempt from environmental review pursuant to Section 15311 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

7. Approve a request for in-kind support in the amount of $112,769.88 related to the Redlands Bicycle Classic event hosted by the Redlands Bicycle Classic Inc. to be held on April 12, 2024, through April 14, 2024; authorize temporary street closures related to the event; authorize the sale and consumption of alcoholic beverages at the event; and determine that the sale and consumption of alcoholic beverages at the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) J. Communications

1. Annual Report of the Cultural Arts Commission presented by Chair Daniel Gohman (Facilities and Community Services Director Crocker)

2. Annual Report of the Municipal Utilities/Public Works Commission presented by Commissioner Adekunle Ojo (Municipal Utilities and Engineering Director Harris)

3. Discussion and possible action relating to the Mid-Year General Fund Budget Review for Fiscal Year 2023-24 (Management Services/Finance Director Garcia)

4. Discussion and possible action regarding a potential ordinance to ban the use of gas-powered leaf blowers within the City of Redlands (Facilities and Community Services Director Crocker)

5. Discussion and possible action concerning a loan to Redlands Historical Museum Association for the construction of the Museum of Redlands (City Manager Duggan) K. Public Hearings

1. Public Hearing to consider the following applications for the Lugonia Village residential project located at the northwest corner of West Lugonia Avenue and Karon Street (APNs 0167-171-04-0000, 0167-171-05-0000, and 0167-171-06-0000) within the Specific Development (EV/SD) District of the East Valley Corridor Specific Plan, by applicant Redlands Summit, LLC.
(Mayor to declare meeting open as a public hearing)
Reso No. 8551 - Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study prepared for the project in accordance with Section 15074 of the California Environmental Quality Act and Measure "U."
A.

Reso No. 8552 - General Plan Amendment No. 143 - A request to amend the General Plan land use designation of approximately 17.9 acres from Commercial to High Density Residential (up to 27 dwelling units per acre), and amend the land use designation of approximately one acre from Parks/Golf Course to High Density Residential (up to 27 dwelling units per acre).

Reso No. 8553 - Specific Plan Amendment No. 40 Amendment No. 48 - A request to amend the East Valley Corridor Specific Plan (Specific Plan No. 40) to remove 24.4 acres from the boundaries of East Valley Corridor Specific Plan area.

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Ordinance No. 2960 (Zone Change No. 469) - A request to change the zoning designation of the 24.4 gross acre project site to 18.89 gross acres of High Density Residential (R-3) District and 5.51 gross acres to Single Family Residential (R-1) District for development purposes.

Reso. No. 8554 - Tentative Parcel Map No. 20469 - A request to subdivide the entire project site into three parcels (3.38 net acres, 4.75 net acres, and 14.48 net acres in size) for development purposes and further subdivision with tentative tract maps; and approval of Commission Review and Approval No. 941 to construct a 451-unit multifamily apartment complex fronting along Lugonia Avenue, including parking, landscaping, open space, recreation areas, and related onsite and frontage improvements.

Reso. No. 8555 - Tentative Tract Map No. 20490 - A request to subdivide 3.47 net acres into 20 lots, ranging in size from 5,995 to 10,518 sq. ft., with 18 numbered lots for single-family residential development, one lettered lot utilized as a private park, and one lettered lot for stormwater facilities; and approval of Commission Review and Approval No. 940 to construct a total of 18 single family homes fronting Karon Street and related onsite and frontage improvements.

Reso. No. 8556 - Tentative Tract Map No. 20491 - A request to subdivide Parcel 1 of Tentative Parcel Map No. 20469 map for condominium purposes, to be utilized for the development of 72 residential townhomes (condominium airspace units plus common lots); and approval of Commission Review and Approval No. 942 to construct a 72-unit townhouse development fronting along a proposed extension of Pennsylvania Avenue, includes parking, landscaping, open space, recreation areas, and related onsite and frontage improvements.

Reso. No. 8557 - A Density Bonus and Inclusionary Housing Agreement requested for the project, pursuant to California Government Code section 65915 et seq. and in accordance with Redlands Municipal Chapter 18.230 (Inclusionary Housing). (Development Services Director Desatnik)
H.

L. New Business

1. Consideration of Resolution No. 8550, a requirement of the San Bernardino County Transportation Authority, Transportation Development Act Article 3 Guidelines for acceptance of the $1,282,000 Bicycle and Pedestrian Facilities Program grant; the 15% local match from Public Benefit Trails Reserve funds; the additional appropriation of $1,089,700; and determination that these actions are exempt from environmental review pursuant to Sections 15061(b)(3) and 15301(c) of the State's Guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

2. Consideration of Resolution No. 8560 accepting the dedication of 1.66 acres of parkland from MLC Holdings, Inc., the future reimbursement of $463,312.98 in Park and Open Space Development Impact Fees associated with Tentative Tract Map 20528, and determine that the project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
N. Adjournment
The next regular meeting of the City Council will be held on March 19, 2024.

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

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

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

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

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City Council/Successor Agency Meeting I. 1.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of February 20, 2024 and the special meeting minutes of February 21, 2024 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of February 20, 2024, and the special meeting minutes of February 21, 2024.

Attachments
Regular meeting minutes of February 20, 2024
Special meeting minutes of February 21, 2024
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MINUTES
Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on February 20, 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; Phillip Doolittle, City Treasurer; 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; Robert Meteau, Jr., HR/Risk Management Director
Mayor Tejeda called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.

PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Two Cases:

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

CIVSB2218452

1. Holzer v. City of Redlands, San Bernardino Superior Court, Case No.

CIVSB2322787

2. RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Council Member Saucedo followed by the pledge of allegiance to the American flag.

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

PUBLIC COMMENT
Traffic Congestion - Susan Leonard complained about the City's increase in traffic congestion, which she claimed has become tortuous and has caused the quality of life to be downgraded. She reminded everyone that the voters clearly denied Measure G and yet, she said Council continues to ignore the will of the people.

Consideration of Allowing Cannabis Dispensaries - Dennis Bell thought allowing dispensaries in Redlands would be a bad idea, one that would likely cause staff nightmares with implementation and enforcement. Joshua Hall was glad the item was pulled from the agenda, and he said there was no need for dispensaries in town. Dan Jimenez thanked staff for a very thorough report, adding that he was convinced there were more drawbacks than benefits to allowing dispensaries within the community.

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 February 6, 2024, and the special meeting minutes of January 31, 2024.

Vote: 5 - 0 Passed
Settlement Agreement
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the public disclosure of details of an Agreement of Settlement and General Release between the City of Redlands and Julie Scates. Under the terms of the agreement, the City agrees to pay Ms. Scates $92,500 to settle and dispose of disputes and controversies associated with a civil action pending in the San Bernardino Superior Court and entitled Julie Scates v. City of Redlands, et al., Case No.

CIVSB 2127794.

Vote: 5 - 0 Passed
Mission Creek Zanja Storm Drain Channel
Staff requested this item be pulled from the agenda and it will be presented to the Council for consideration at a future meeting.

Market Match Program
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, CC_February 20, 2024

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On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Agreement for Services with the Ecology Center to participate in their Market Match program to distribute nutrition incentives in the amount of $7,000; approved an additional appropriation of $8,500; and approved an in-kind services grant match of $11,966.51.

Vote: 5 - 0 Passed
In-kind Support The Run Through Redlands Event
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that authorization for the items associated with the Run Through Redlands, hosted by the Kiwanis Club, on March 3, 2024, are categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s Guidelines for Implementing the California Environmental Quality Act; and authorized and approved the expenditure of city resources and in-kind support in the amount of $29,738; approved the temporary street closures, and the sale and consumption of alcoholic beverages all associated with the Run Through Redlands event scheduled for March 3, 2024.

Vote: 5 - 0 Passed
Art-On-State-Street Event
Facilities and Community Services Department Director Crocker introduced the request from the Redlands Art Association for commercial vendors and the temporary closure of State Street for the Art-On-State-Street event on March 24, 2024. As public comment, Joshua Hall was concerned this event was not hosted by the Redlands Art Association, as stated in the report, but instead by Stronger Together Now, and he said this creates a traffic boondoggle when streets are closed.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and approved the Art-On-State-Street event, authorizing the request for commercial vendors and the temporary street closure of State Street on March 24, 2024.

Vote: 5 - 0 Passed
Kid's Cures Foundation Downtown Redlands Artwalk In-kind Support Facilities and Community Services Department Crocker introduced the in-kind support request of $5,734.00 from Kid's Cures Foundation, for the Downtown Redlands Artwalk to be held on March 17, 2024 and a request to close East State and 5th Street and authorizing the request for the sale and consumption of alcoholic beverages in Ed Hales Park. As public comment, Dennis Bell pointed out the event host was an out-of-town organization, and he questioned why the group was using the nonprofit status documentation of Youth Hope. He asked why this art walk event needed to close off so many downtown streets, whereas the Redlands Art Association event only requested the closure of one street. Director Crocker clarified that the group did provide evidence of their nonprofit status.

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clarified that the group did provide evidence of their nonprofit status.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act; approved a request for in-kind support of $5,734.00 for this event; authorized the temporary street closures on March 17, 2024; and approved the request for the sale and consumption of alcoholic beverages in Ed Hales Park.

Vote: 5 - 0 Passed
Zanja Trail Parking Lot Grant Agreement
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, an additional appropriation in the amount of $200,000 from the Downtown Parking Reserve; determined that the granting of funds to Larry Jacinto Construction, Inc. for the construction of the Zanja Trail parking lot and street improvements serves a public purpose; and approved a Grant Agreement with Larry Jacinto Construction, Inc. in the amount of $200,000 for the construction of a parking lot and street improvements to serve the Zanja Trail.

Vote: 5 - 0 Passed
Resolution No. 8561 Resources Recycling and Recovery Grant Program On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously adopted, by roll call vote, Resolution No. 8561 designating an authorized representative to apply for the Department of Resources Recycling and Recovery grant program in furtherance of the State of California’s efforts to reduce, recycle, and reuse solid waste generated in the state.

Vote: 5 - 0 Passed

COMMUNICATIONS
2022-23 ACFR & Audit Results
Management Services/Finance Director Garcia introduced Andrew Roth of The Pun Group, who provided a detailed analysis of the City's Annual Comprehensive Financial Report (ACAFR) and the Independent Accountants’ Report on Applying Agreed-Upon Procedures related to the Article XIII-B Appropriations Limit Calculation for the fiscal year ending June 30, 2023. State statute and federal funding requirements stipulate the need for an annual audit to be conducted by independent certified public accountants. The ACFR presents the City’s financial condition and activity in a transparent and structured manner and provides historical and comparative information. Topic areas included: Scope of Work and Timing, Required Communications, Overview of Financial Statements, Key Financial Indicators and Pension and OPEB Information and Audit Results. Auditors are required to review and approve the appropriations calculation as part of their audit, and they found no CC_February 20, 2024

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exceptions to the City’s calculation of the appropriations limit.

Financial Statements were fairly presented in all material respect. Accounting policies were consistently applied. Estimates were reasonable and disclosures were properly reflected in the financial statements. Other results included: No disagreement with Management, No material weaknesses and/or significant deficiencies were identified in internal control over financial reporting; No accounting issues; No inappropriate activities were noted. There were no material weaknesses and/or significant deficiencies reported.

As public comment, Dennis Bell was unhappy that such a lengthy report had been released to the public late last week, giving very little opportunity to review it thoroughly, and he questioned how he could be certain the numbers were accurate. Bruce Laycook found the report too dense to fully understand, and he requested that in the future, the City provide an executive summary to better help the Council and the public understand the document. City Manager Duggan agreed that the document was lengthy but that the practice of an audit was complex. He suggested the budget document was a more easily understandable report and one that was more informative to the public. He said to look for the proposed budget in the next few months. Council Members thanked Director Garcia and her staff for all their work towards developing the ACAFR.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously accepted, by roll call vote, the City of Redlands Comprehensive Annual Financial Report and the Independent Accountants’ Report on Applying Agreed-Upon Procedures Related to the Article XIII-B Appropriations Limit Calculation for the fiscal year ending June 30, 2023.

Vote: 5 - 0 Passed
Human Relations Commission Annual Report
Commission Chair Ken Ford offered the Annual Report of the Human Relations Commission, listing activities and accomplishments for 2023 that included, support of the Salvation Army’s Annual Thanksgiving Dinner for homeless and low-income residents, affirmation of the City's support for National Coming Out Day, hosting the first Annual Health and Wellness Fair, and assisting the Church of Jesus Christ of Latter-day Saints and the Family Service Association in their Annual Food Drive. With new members and a new student member, the Commission was off to a great start for 2024. The annual planning meeting was held on January 27 and Commissioners look forward to implementing new programs and projects.

Traffic and Parking Commission Annual Report
Traffic and Parking Commissioner Eric Shamp provided the annual report and review of the Commission's accomplishments over the past year. He highlighted the Commission's purpose and mission was to promote safety, improve traffic conditions and the enforcement of traffic regulations. He described projects the Commission had reviewed and recommended for City Council's consideration, with the recent downtown parking study review consuming several commission meetings. Mr. Shamp put forward a number of suggestions to make the TPC a more effective body, one that addresses all the public's CC_February 20, 2024

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concerns and all modes of transportation, such as cyclists. He was looking forward to discussing these recommendations with Council Members.

Cannabis Regulatory and Taxation Options
Council Member Guzman-Lowery requested this item be removed from the agenda.

PUBLIC HEARINGS
Resolution Nos. 8548 and 8549 CFD Annexation No. 29
Mayor Tejeda opened the hearing and called on Development Services Director Desatnik for a report on Resolution Nos. 8548 and 8549 and a request from Meritage Homes of California, Inc. to annex territory to Community Facilities District No. 2004-1 for the purposes of performing maintenance of parks, infiltration basins, catch basin inlets, fossil filters, landscaping, and street trees within letter lot “A” and street right-of-way adjacent to Tract Map No 20336, and any other public services authorized by the act. City Clerk Donaldson agreed to hold the special election within the annexing territory on February 20, 2024. With no further comments, Mayor Tejeda closed the public hearing. City Clerk Donaldson conducted the special election and announced the results, which determined the required two-thirds of the votes cast (59-0) were in favor of levying the tax.

On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Eddie Tejeda, the City Council unanimously determined, by roll call vote, that adoption of Resolution Nos. 8548 and 8549 are not subject to environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, as the adoption of these Resolutions does not have the potential to cause a significant effect on the environment; and approved Resolution No. 8548 calling a special election of the question of levying special taxes within the territory to be annexed to CFD No. 2004-1 and; On motion of Mayor Eddie Tejeda, seconded by Mayor Pro Tem Paul Barich, the City Council unanimously approved Resolution No. 8549 declaring the voting results of the special election of Annexation No. 29 to Community Facilities District No. 2004-1 were in favor of levying the tax, and therefore, the territory will be annexed to the CFD No. 2004-1.

Vote: 5 - 0 Passed
NEW BUSINESS
Contract Award 2023 Citywide Sidewalk and ADA Ramp Replacement Project Municipal Utilities and Engineering Director Harris reviewed a Public Works Construction Contract with Tryco General Engineering for the 2023 Citywide Sidewalk and ADA Ramp Replacement Project for an amount not-to-exceed $1,000,000. He added that a bid protest, submitted by TTS Engineering, was filed. After carefully reviewing the protest and consulting with the City Attorney's office, staff determined that Tryco General Engineering's bid was responsive with only minor, inconsequential bid irregularities and therefore, recommended the City Council reject the bid protest. The 2023 Citywide Sidewalk and ADA Ramp Replacement Project (Project) will replace approximately five miles of lifted CC_February 20, 2024

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and broken sidewalks and forty-seven ADA curb ramps in various locations throughout the City. As public comment, Bruce Laycook asked how residents could report their concerns about specific sidewalks that may need repair. Director Harris said that the public was encouraged to contact his department about any concerns they had, and he added that staff will be updating the current sidewalk survey.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously determined, by roll call vote, that approval of the 2023 Citywide Sidewalk and ADA Ramp Replacement Project is exempt from environmental review in accordance with Section 15301(c) of the State's Guidelines implementing the California Environmental Quality Act; approved the 2023 Citywide Sidewalk and ADA Ramp Replacement Project plans and specifications; rejected a bid protest; and approved the Public Works Construction Contract to Tryco General Engineering for an amount not-to-exceed $1,000,000.

Vote: 5 - 0 Passed
Wastewater Treatment Plant On-call Engineering & Support Services Municipal Utilities and Engineering Director Harris described a Professional Services Agreement and Sole Source Request for Landfill Gas Engineering Inc. for on-call engineering and support services for the wastewater treatment plant with an initial one-year term value not-to-exceed $215,000 with options to extend for two additional years for a total amount not-to-exceed $645,000.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously determined, by roll call vote, that approval of a Professional Services Agreement with Landfill Gas Engineering Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved a Professional Services Agreement and Sole Source Request with Landfill Gas Engineering Inc. for on-call engineering and support services for the wastewater treatment plant with an initial one (1) year term value not-to-exceed $215,000 with options to extend for two (2) additional years.

Vote: 5 - 0 Passed
Sale of South Mountain Water Company Shares
Municipal Utilities and Engineering Director Harris provided background of the Agreement to sell 646 South Mountain Water Company shares to Yucaipa Valley Water District (YVWD) for $323,000. Staff received an unsolicited proposal from YVWD to purchase the City's remaining South Mountain Water Company (SMWC) shares. On January 16, 2024, the City Council approved a Stock Sale Agreement to sell fifteen SMWC shares to YVWD for $500 per share, for a total of $7,500, to allow YVWD to attend the 2024 SMWC Annual Stockholders Meeting while they finalize their due diligence effort. YVWD recently completed their due diligence effort and is now prepared to execute a Stock Sale Agreement for the City's remaining 646 SMWC shares for $500 per share, for a total of $323,000. The Stock Sale Agreement with YVWD formalizes the transaction terms and also requires YVWD to continue SMWC non-potable water service to Crafton Hills Community College CC_February 20, 2024

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until their landscape irrigation system is connected to the YVWD recycled water distribution system. The transaction will generate $323,000 in un-budgeted revenue for the Water Fund.

As public comment, Bruce Laycook questioned if the funds were restricted for a certain purpose. Director Harris clarified that the funds could only be used for water projects and that at this time, the funds had not been earmarked for a specific project.

On motion of Council Member Jenna Guzman-Lowery, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously determined, by roll call vote, that approval of the Stock Sale Agreement to sell 646 South Mountain Water Company shares to 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; and approved a Stock Sale Agreement to sell 646 South Mountain Water Company shares to Yucaipa Valley Water District for a total sale price of $323,000.

Vote: 5 - 0 Passed
Contract Award Redlands Fire Station No.262 Remodel Project Assistant City Manager Boatman presented a Public Work Contract with Elegant Construction, Inc., for the Redlands Fire Station No.262 Remodel Project, for an amount not-to-exceed $2,160,000. The Fire Department oversees operations at four fire stations throughout the city, including Fire Station 262, located at 1690 Garden Street. This station was originally built in 1965, serving as a vital hub in ensuring the safety and well-being of the community. The scope of the project includes the construction of new spaces and the remodeling of certain areas within the existing 3,683 SF one-story building and new additions consisting of a fitness room and six crew dormitories. Site improvements consist of CMU retaining walls, tube steel fencing, a crew parking area, and landscaping. City Manager Duggan was pleased to report that this project, when completed, will accommodate multiple genders.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of a Public Work Contract with Elegant Construction, Inc. for the Redlands Fire Station No.262 Remodel Project is exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act; and approved an award of a Public Work Contract to Elegant Construction, Inc. in the amount of $2,160,000 for the Redlands Fire Station No.262 Remodel Project.

Vote: 5 - 0 Passed
Tree Maintenance and Arboricultural Services
Facilities and Community Services Department Director Crocker detailed the Intergovernmental/Piggy-back Cooperative Agreement with West Coast Arborists, Inc. (WCA) and related Non-Professional Services for Improvement to Public Buildings and Grounds Agreement to provide tree maintenance and arboricultural services for a total amount not to exceed $3,600,000. Staff was able to secure contract terms, by way of opting to "piggy-back" off an existing maintenance contract between WCA and the City of Claremont. Claremont City Council approved the contract on June 13, 2023 with an initial CC_February 20, 2024

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three-year term, with two additional one-year terms for a total of five years, with the contract including a purchasing provision that states "any other public agency shall have the option to participate in any award made as a result of this solicitation at the same prices." Staff recommended to award a piggy-back contract with WCA for an amount not to exceed $3,600,000. This is based off $1.2 million per year. Award of this piggy-back contract will mitigate the City from potential inflationary impacts by providing fixed operation pricing and cost certainty through February 2027. Additionally, the recommended contract terms will enable the City to maintain its current level of tree service and tree trimming scheduling.

Under the proposed extension, WCA will continue to proactively prune 7,000 to 9,000 trees per year, supporting a 5-7 year pruning cycle for street and park trees. In addition to scheduled citywide pruning activities, WCA facilitates reforestation efforts, provides as-needed support for emergencies and/or tree removals, administers field inventory for all city-owned and maintained trees, and provides the organization with a web-based system that tracks work orders, project budgets, and tree maintenance history. Council Member Saucedo applauded the use of the Intergovernmental/Piggy-back agreement since this provides cost savings for the City.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Intergovernmental/Piggy-back Cooperative Agreement with West Coast Arborists, Inc. and related Non-Professional Services for Improvement to Public Buildings and Grounds Agreement to provide tree maintenance and arboricultural services for a three-year term for an amount not to exceed $3,600,000.

Vote: 5 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Mayor Tejeda and Mayor Pro Tem Barich enjoyed the Lincoln Dinner on February 12, 2024 and participated in the celebration of the Shrine's 90th anniversary.

Council Member Davis attended the Johnston Center for Integrative Studies reunion at the University of Redlands.

Council Member Guzman-Lowery continued to meet with several residents to discuss their pressing concerns.

Council Member Saucedo reminded everyone the Community Day of Service was scheduled for Saturday, March 9, 2024. With Black History Month in mind, he acknowledged the long-standing African American families of the Butler and Hubbard families, and he recognized Amos Issac, an educator, community leader and an alumnus of the University of Redlands. He also highlighted an upcoming event at The Village 2nd Baptist Church where the history of Stuart Avenue will be presented.

ADJOURNMENT

There being no further action required, the meeting adjourned at 7:31 P.M. The next regular meeting of the City of Redlands City Council will be held on March 5, 2024.

CC_February 20, 2024

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MINUTES
Special meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on February 21, 2024 at 6:30 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 matter scheduled on this agenda or any matter within the jurisdiction of the City Council which is not already scheduled on this agenda.

PUBLIC COMMENT
None forthcoming
FISCAL YEARS 2025-2026 BUDGET PRIORITIES WORKSHOP
City Manager Duggan explained this special meeting was meant to give Council Members an opportunity to rank priority focus areas to aid staff in the development of the next Biennial Budget for Fiscal Years 2025 and 2026. Staff identified 18 priority focus areas which were provided to each individual Council Member on a ranking form. Council Members were tasked to rank the priority focus areas from 1 to 18, with 1 being the highest priority and 18 being the lowest. Each one submitted their completed ranking forms to the City Manager. Additionally, Council Members had the opportunity to write-in two additional priority areas, with Mayor Tejeda and Council Member Davis each submitting two write-in projects to add to the list.

The eighteen priority focus areas were included in the staff report and listed in order of their total aggregate scores, from lowest to highest, as received from each Council Member's individual ranking forms. The list was intended to serve as a guide and starting point for the Council's discussion at the workshop. Additionally, when available, service scores and/or budgetary priority rankings derived from the 2023 Citizen Survey were included with the corresponding item. The four write-in projects were not ranked among the original eighteen items.

Special CC_Budget Priorities_February 21, 2024

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The 18 focus areas included: Animal Shelter Improvements, Police Department Staffing, Park Improvements, Sidewalk/Curb Repair, New Police Department, Youth and Senior Programs, Aging Infrastructure Replacement, Climate Action Plan, Homeless Solutions General, Homeless Solutions Mental Health Team, Affordable Housing, Downtown Parking, City-wide Street Resurfacing, Emergency Management, Code Enforcement Staffing, Technology Improvements, Communication and Engagement and Museum Construction. Four write-ins included: Police Patrol Units, Colton Avenue and Orange Street Beautification, Sustainability/Climate Change Budget and Community Choice/Clean Energy.

As public comment, Eric Shamp offered criteria to consider when prioritizing, such as the reduction of harm, project timelines with short and long term goals, the interconnection between projects, and the consequences of taking no action at all. Bobby Garrity pointed out the City was in a housing shortage crisis and, in particular, a lack of affordable housing, and he urged the Council to reform policies that inhibit development, adding he also supported the use of funds for the Climate Action Plan, Sustainability/Mitigation projects and Clean Energy. Dennis Bell thought the criteria proposed by Eric Shamp were useful, and he was concerned about spending taxpayer money on a Mental Health Team and Museum Construction. Brianna Egan spelled out her reasons for supporting Climate Action, Affordable Housing and Street Resurfacing.

Throughout a lengthy discussion filled with dialogue and questions, Council Members provided their thoughts and perspectives on the various projects, listing their top individual choices. They were thankful for the great input as presented by the speakers, and with a spirit of compromise, the first ranking outcome led to the selection of the groups' top six projects, included in no specific order:

Item A)  Animal Shelter
Item H)  Climate Action Plan
Item B)  Increased Police Department Staffing
Item E)  New Police Department site
Item K)  Affordable Housing
Item L)  Downtown Parking Study
Additionally, the Council selected four more projects to represent ranking numbers 7-10. These projects included:

Item C) Park Improvements
Item G) Aging Infrastructure Replacement
Item I) Homelessness (General)
Item O) Code Enforcement Staffing
City Manager Duggan closed the meeting stating the prioritized list of the top ten projects provides sufficient guidance for staff to develop appropriate funding plans to be included in the next biennial budget for FY 2025 and 2026.

ADJOURNMENT
There being no further action required the special meeting adjourned at 7:37 P.M.

Special CC_Budget Priorities_February 21, 2024

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City Council/Successor Agency Meeting I. 2.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for appointment to the Human Relations Commission (Council Member Saucedo)
MOTION:

I move to appoint Roop Kishor Goyal to serve the remainder of a four-year term on the Human Relations Commission ending July 18, 2025.

RECOMMENDATION:

In accordance with Redlands Municipal Code Section 2.66.020, nominations to this Commission are made on a rotational basis by members of the City Council.

Council Member Saucedo was next in rotation to make a recommendation to City Council. Council Member Saucedo is recommending the Council to appoint the individual listed below to serve the remainder of a four-year term ending on July 18, 2025, on the Human Relations Commission.

Recommendation Council Member
Roop Kishor Goyal Council Member Saucedo
DISCUSSION:

A vacant seat exists on the Human Relations Commission due to the recent termination of Commissioner Shaheen Zakaria whose term expires on July 18, 2025.

There were 10 eligible applications received from a previous posting. Those applications were considered for filling this vacancy.

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The Human Relations Commission consists of nine members as follows:

Claudia Ruiz
Vanessa Annaguey Aranda
Roy George
Neha Agarwal
Vacant
Kennth Ford
Julie Houston
Gail Howard
Ryan Chau (Student)
ALTERNATIVES:

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

SUBMITTED BY:

Jennifer Macias, Management Analyst
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Human Relations Applications
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City Council/Successor Agency Meeting I. 3.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8558 Delegating Investment Authority to the City Treasurer Pursuant to Government Code Section 53607 (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to adopt Resolution No. 8558.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 8558 to authorize the annual delegation of duties of investing funds of the City to the City Treasurer in accordance with Government Code Section 53607.

DISCUSSION:

Government Code Section 53607 allows the City Council to delegate the authority of investing funds of the City to the City Treasurer for a one-year period.

ALTERNATIVES:

Not Applicable.

STRATEGIC PLAN:

Not Applicable.

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SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

Phillip Doolittle, City Treasurer
REVIEWED BY:

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

Aimee Hoover, Revenue Supervisor
Fiscal Impact
Discussion:

There is no fiscal impact associated with approval of this resolution.

Attachments
Resolution No. 8558 - Annual Delegation of Authority 2024 Redlands Regular Meeting of 03-05-2024 32 of 967
1 I:\cmo\Resolutions\8558 Annual Delegation on Investment Authority to the City Treasurer.docx-ms RESOLUTION NO. 8558

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER
PURSUANT TO GOVERNMENT CODE SECTION 53607
WHEREAS, Government Code section 53607 authorizes the City Council to delegate the duties of investing or reinvesting funds of the City, or to sell or exchange securities so purchased, to the City Treasurer for a period not exceeding one year; and WHEREAS, it is the desire of the City Council to delegate investment authority of City funds to the City Treasurer;
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows:

Section 1. That the City Treasurer is hereby delegated the authority to invest, or reinvest funds of the City, or to sell or exchange securities so purchased, for the period commencing on March 16, 2024, through March 15, 2025, pursuant to Government Code Section 53607.

Section 2. That the City Treasurer shall prepare a monthly report for the City Council of all transactions subject to this Resolution, as required by Government Code Section 53607.

ADOPTED, SIGNED AND APPROVED this 5
th day of March 2024.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\8558 Annual Delegation on Investment Authority to the City Treasurer.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 5 th day
of March, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
Jeanne Donaldson, City Clerk
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City Council/Successor Agency Meeting I. 4.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Memorandum of Understanding between the City of Redlands and the City of Victorville for the loan of a Fire Tiller Truck to Victorville Fire Department (Fire Chief Sessler)
MOTION(S):

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

I move to approve the Memorandum of Understanding between the City of Redlands and the City of Victorville for the loan of a Fire Tiller Truck.

RECOMMENDATION:

Staff recommends the City Council approve the Memorandum of Understanding between the City of Redlands and the City of Victorville for the loan of a Fire Tiller Truck for Victorville Fire Department.

DISCUSSION:

The Victorville Fire Department requires a Fire Tiller Truck for personnel training, and the Redlands Fire Department has offered to lend their available tiller truck to Victorville for this purpose. Since communication and collaboration are key to ensuring a successful and mutually beneficial arrangement, this Memorandum of Understanding (MOU) for the sharing of equipment is to help both agencies establish clear terms and conditions, including responsibilities for maintenance, insurance, and liability during the loan period.

The loan period will be for three months from the effective date of the MOU.

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ALTERNATIVES:

Not approve the Memorandum of Understanding for the loan of the Fire Tiller Truck.

STRATEGIC PLAN:

Priority B - Public Health & Safety
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

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

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

There is no fiscal impact with the approval of the Memorandum of Understanding (MOU) for Equipment Sharing. The City of Victorville is responsible for any costs listed in Section 5 of the MOU regarding minor maintenance and the provision of liability insurance.

Attachments
Victorville MOU
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1 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

REDLANDS AND THE CITY OF VICTORVILLE REGARDING

EQUIPMENT SHARING
This Memorandum of Understanding for Equipment Sharing ("MOU") is dated this 5 th day
of March, 2024 and is entered into by and between the City of Victorville (“Victorville”), and the City of Redlands (the "CITY"). Victorville and the CITY may be referred to herein individually as a "Party" and, together as the "Parties."

RECITALS
WHEREAS, the CITY owns certain equipment including a Model & Year 1997 Pierce Quantum Cab Tiller Truck; VIN# 4P1CT02S7VA000413 (the "Equipment") for use by the Redlands Fire Department as part of its operations; and WHEREAS, the CITY by and through the Redlands Fire Department desires to loan the Equipment to Victorville for training and development by the Victorville Fire Department; and WHEREAS, Victorville desires to borrow the Equipment for use by the Victorville Fire Department for non-emergency training situations and, where it would be beneficial to use the Equipment in the interests of the professional development of the Department; and WHEREAS, cooperation between Victorville, the Victorville Fire Department and the CITY will promote the efficient use of public resources used and managed by the Redlands Fire Department; and
WHEREAS, sharing Equipment with the Victorville for use by the Victorville Fire Department is intended to increase public safety, as well as the residents of and visitors to Victorville and would have only incidental or nominal benefits to any private parties; and WHEREAS, Victorville and the CITY execute this MOU for the purpose of formalizing the terms and conditions governing the sharing of the Equipment; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT
Section 1. Incorporation of Recitals. The above-recitals are true and correct and are hereby incorporated into this MOU by this reference.

Section 2. Term. The term of this MOU shall commence on its Effective Date and shall continue in effect until terminated pursuant to Section 9 of this MOU.

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2 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms Section 3. Authority. Unless otherwise specified herein, all authority to act on behalf of the CITY pursuant to this MOU shall be exercised by Redlands Fire Chief Rich Sessler, or his designee. Unless otherwise specified herein, all authority to act on behalf of Victorville pursuant to this MOU shall be exercised by Interim Fire Chief William Racowschi or his designee.

Section 4. Equipment.

A. The Victorville Fire Department shall be permitted to use, operate, and transport the Equipment on an "as-needed" basis as requested by the Victorville Fire Department, and approved by the CITY’s designee in Section 3, in his sole discretion, when not otherwise needed for other Redlands Fire Department purposes. The Victorville Fire Department recognizes that the Redlands Fire Department’s use of the Equipment may preclude the use of the Equipment by the Victorville Fire Department, and in such cases the Redlands Fire Department may deny the request to use the Equipment or demand the immediate return of the Equipment in the possession of the Victorville Fire Department, in the CITY’s sole and absolute discretion.

B. Request for Use of Equipment. Those designated in this MOU with the authority to act on behalf of either Party shall work together to coordinate certain procedures to govern requests by the CITY to use the Equipment, especially for when the Equipment is needed in emergency situations. In non-emergency situations, the CITY shall request use of the Equipment as far in advance as possible by notifying the Victorville Fire Department of the need for the Equipment.

C. Use of Equipment. The Victorville Fire Department shall not permit any individual to use, operate or transport the Equipment unless that individual is properly trained and authorized to do so. The Victorville Fire Department shall use the utmost care in using, operating, or transporting the Equipment. If the Equipment breaks or experiences other mechanical problems while in the possession of the Victorville Fire Department, the Victorville Fire Department shall immediately notify the Redlands Fire Department of the problem.

D. Returning Equipment. The Victorville Fire Department shall notify the Redlands Fire Department before borrowing the Equipment of when it will return Equipment, or in the case of emergency situations, the Victorville Fire Department shall keep the Redlands Fire Department updated on when the Equipment will be returned. In the event that the Redlands Fire Department demands the immediate return of the Equipment then in the possession of the Victorville Fire Department, the Victorville Fire Department shall immediately deliver the Equipment available to the Redlands Fire Department.

Section 5. Victorville Fire Department Responsibilities. The Victorville Fire Department shall be solely responsible for all of the following, including, without limitation, any accompanying cost or expense:

A. Transporting the Equipment to and from the Redlands Fire facilities housing the Equipment.

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3 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms B. Performing routine inspections and minor maintenance on Equipment when used by the Victorville Fire Department, including, but not limited to, oil, mechanical fluids, operations, fuel, and safety checks.

C. Providing satisfactory proof of liability or other insurance of the types and in the amounts as required by this MOU.

D. Bearing sole and absolute responsibility for any and all loss of or damage to the Equipment occurring while in possession and control of the Victorville Fire Department, customary wear and tear excepted. Victorville shall pay to the CITY for any and all costs associated with repairing damage to the Equipment occurring while in the possession or control of the Victorville Fire Department if demanded by the Redlands Fire Department, customary wear and tear excepted, within thirty (30) days upon receipt by the Victorville Fire Department of a written invoice accounting for such costs of repair. Victorville shall pay to the CITY for any and all costs associated with reasonably replacing the Equipment in the event of complete loss of the Equipment occurring while in the possession or control of the Victorville Fire Department, if demanded by the Redlands Fire Department, within thirty (30) days upon receipt by the Victorville Fire Department of a written invoice accounting for such costs of replacement.

E. Refueling Equipment to, at minimum, the level existing at the time the Victorville Fire Department takes control of the Equipment.

F. Storing Equipment overnight at secure facilities owned and controlled by the Victorville Fire Department when the Victorville Fire Department is in possession and control of the Equipment, when such storage is otherwise requested by the Redlands Fire Department, or when such storage is convenient to the Victorville Fire Department and approved in advance by the Redlands Fire Department.

Section 6. Cost. The Victorville Fire Department shall pay no compensation for the use of the Equipment, except for any and all costs related to the responsibilities listed in Section 5 of this MOU.

Section 7. Indemnification. To the fullest extent permitted by law, Victorville (the "Indemnifying Party) shall defend, indemnify and hold the CITY (the "Indemnified Party") and its directors, officials, officers, employees, agents, and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, including reasonable attorneys' fees and other related costs, in law or equity, to property or persons, including wrongful death, in any manner arising out of, or incident to, the use, operation or transportation of the Equipment, or this MOU, except for such loss or damage arising from the willful misconduct of the Indemnified Party. The Indemnifying Party shall defend, at the Indemnifying Party's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnified Party Redlands Regular Meeting of 03-05-2024 39 of 967
4 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms and its directors, officials, officers, employees, agents, and volunteers, with counsel reasonably approved by the Indemnified Party. The Indemnifying Party shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Party and its directors, officials, officers, employees, agents, and volunteers, in any such suit, action or other legal proceeding. The Indemnifying Party shall reimburse the Indemnified Party and its directors, officials, officers, employees, agents, and volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Indemnifying Party's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnified Party or its directors, officials, officers, employees, and volunteers. This indemnity provision shall survive the termination of this MOU.

Section 8. Insurance.

A. Time for Compliance. Victorville shall not allow the Victorville Fire Department to use, operate, or transport the Equipment under this MOU unless and until it has provided evidence satisfactory to the CITY that it has secured all insurance required under this section, or that it is self-insured to the satisfaction of the CITY.

B. Minimum Requirements. Victorville shall, at its expense, procure and maintain for the duration of this MOU insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of this MOU by Victorville, its elected and appointed officials, officers, employees, and volunteers. Such insurance shall meet at least the following minimum levels of coverage, or Victorville shall be self-insured to the satisfaction of the CITY.
i. Minimum Limits of Insurance. Victorville shall maintain limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this MOU or the general aggregate limit shall be twice the required occurrence limit. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. ii. Endorsements. Each policy shall be endorsed to state that: (1) the CITY and its directors, officials, officers, employees, and volunteers shall be covered as additional insured with respect to the use, operation or transport the Equipment performed by or on behalf of the Victorville Fire Department; and (2) the insurance coverage shall be primary insurance as respects the CITY and its directors, officials, officers, employees, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CITY’s scheduled underlying coverage. Any insurance Redlands Regular Meeting of 03-05-2024 40 of 967
5 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms or self-insurance maintained by the CITY and its directors, officials, officers, employees, and volunteers shall be excess of such insurance obtained by the Victorville and shall not be called upon to contribute in any way. The insurer shall agree to waive all rights of subrogation against the CITY and its directors, officials, officers, employees, and volunteers for losses paid under the terms of the insurance policy which arise from the use, operation, or transport of the Equipment by the Victorville Fire Department. Each insurance policy shall also be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY’s Risk Manager as applicable; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY and its directors, officials, officers, employees and volunteers. There shall be no cross-liability exclusion for claims or suits by one insured against another. Requirements of specific coverage features, or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Section 9. Termination. This MOU shall be effective as of its Effective Date, and shall continue until terminated by either Party by giving at least thirty (30) days advance written notice of the effective date of termination.

Section 10. Notices. 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 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:

If to the CITY: Redlands Fire Department
35 Cajon Street, Suite 12, Redlands CA 92373
Attn: Fire Chief Rich Sessler
If to Victorville: Victorville Fire Department
14343 Civic Drive, Victorville CA 92392
Attn: Interim Fire Chief Racowschi
Section 11. Miscellaneous Terms.

A. Representation and Warranties. The CITY and Victorville have all requisite power and authority to execute and perform this MOU. Each person executing this MOU warrants that he or she has the legal power, right, and authority to execute this MOU and bind his or her respective Party.

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6 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms B. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in San Bernardino County.

C. Relationship of the Parties. Nothing contained in this MOU shall be construed as creating a joint venture, partnership, or any other similar arrangement between the Parties. No Party to this MOU shall be deemed to be a representative, an agent, or an employee of the other Party. Unless otherwise expressly specified in this MOU, no Party shall have any authority or right to assume or create any obligation of any kind or nature, express or implied, on behalf of, or in the name of, any other Party, nor bind any other Party in any respect, without the specific prior written authorization of the other Party.

D. Waiver. No Party shall be deemed to have waived any provision of this MOU unless such waiver is in writing and signed by such Party.

E. Legal Compliance. The Parties shall comply with all applicable Federal, State, and local laws and regulations related to the transactions set forth in, or referenced by, this MOU.

F. Third-Party Beneficiary. No claim as a third-party beneficiary under this MOU by any person, corporation, or any other entity, shall be made or be valid against Victorville or the CITY.

G. Headings. The section headings used in this MOU are for convenience only and shall not be deemed to limit, construe, affect or alter the meaning of this MOU.

H. Entire Agreement. This MOU constitutes the entire agreement between the Parties with respect to the matters contained herein, and shall supersede and replace any and all other prior understandings, correspondence, and agreements, oral or written, between the Parties with respect thereto. No change, amendment or modification of this MOU shall be valid or binding upon the Parties unless such change, amendment, or modification is in writing and duly executed by all Parties.

I. Assignment or Transfer. Neither Party shall assign, hypothecate, or transfer, either directly or by operation of law, this MOU or any interest herein without the prior written consent of the other Party. Any attempt to do so shall be null and void, and any assignees, hypothecates, or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.

J. Binding Effect. The terms of this MOU shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective successors and assigns.

K. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this MOU shall be declared invalid or unenforceable by a Redlands Regular Meeting of 03-05-2024 42 of 967
7 I:\cmo\Agreements\MOU City of Victorville Equipment Sharing FY23-0039.docx-ms valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this MOU which are hereby declared as severable, and shall be interpreted to carry out the intent of the Parties hereunder.

L. Cooperation: Further Acts. The Parties shall reasonably cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this MOU.

M. Counterparts. This MOU may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties have executed this MOU for Equipment Sharing as of March 5, 2024.

City of Victorville City of Redlands
By: By:

Keith Metzler, City Manager Eddie Tejeda, Mayor
Date: Date:

ATTEST:

By:

Jeanne Donaldson, City Clerk
CONCUR:

By: ___________________________
Richard Sessler, Fire Chief
Redlands Regular Meeting of 03-05-2024 43 of 967
City Council/Successor Agency Meeting I. 5.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Memorandum of Understanding with the San Bernardino County Department of Public Health Environmental Health Services to provide Edible Food Recovery Inspection and Enforcement per Senate Bill1383 (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 Memorandum of Understanding with the San Bernardino County Department of Public Health Environmental Health Services for Edible Food Recovery Inspection and Enforcement.

RECOMMENDATION:

Staff recommends that the City Council approve a Memorandum of Understanding with San Bernardino County Department of Public Health Environmental Health Services for Senate Bill (SB) 1383 Edible Food Recovery Inspection and Enforcement compliance within the City of Redlands.

DISCUSSION:

California Senate Bill (SB) 1383 was enacted in 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SCLP). To reduce methane emissions from landfills, the bill established goals to reduce organic waste disposal 50% by 2020 and 75% by 2025 compared to 2014 levels; and recover at least 20% of currently disposed surplus food for human consumption by 2025. This bill required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to achieve the targeted goals for reducing organic waste disposal in landfills. The regulations took effect January 1, 2022.

Redlands Regular Meeting of 03-05-2024 44 of 967
organic waste disposal in landfills. The regulations took effect January 1, 2022.

The SB 1383 regulations are wide-ranging, imposing multiple requirements on local jurisdictions, haulers, waste generators, landfill operators and recycling facility operators. The regulations are also prescriptive, and contain specific requirements with which all jurisdictions must comply. This is in contrast with prior California solid waste laws and regulations that allowed jurisdictions to develop individual plans to meet state goals.

The following are some of the major obligations the SB 1383 regulations impose on the City and other covered jurisdictions:

Adopt an enforceable ordinance by January 1, 2022, requiring organic waste generators, haulers, and other entities within the jurisdiction to comply with regulations.

Implement programs to recover organic materials from all residential and commercial waste generators, including multifamily residential complexes.

Implement a container contamination minimization program to monitor waste, recycle and organic container contents and reduce contamination.

The program will include route reviews and/or waste evaluation as well as follow-up notifications to generators with violations.

Implement outreach and education programs to notify generators about diversion program requirements.

Implement edible food recovery (rescue) programs to divert surplus edible food to food banks for distribution to residents.

Notify “Tier One” and “Tier Two” edible food generators (as defined in SB 1383 regulations) about requirements.

Procure recovered organic waste products such as compost or mulch in quantity and quality that meets or exceeds the target specified by CalRecycle.

Procure recycled paper products with at least 30% post-consumer recycled content.

Implement compliance reviews for all commercial and multifamily generators with two or more cubic yards of solid waste (trash, organics and recycling combined) per week.

Take enforcement actions including issuing Notices of Violations (which provides a period for generators to come into compliance) and ultimately assessing penalties via the administrative citation process, but only as of January 1, 2024.

Maintain all implementation records in a central location that can be made available to CalRecycle within ten business days. The implementation records will include, but are not limited to, information about inspections, enforcement actions, outreach and education, program descriptions, procurement activities, edible food recovery programs, etc.

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Current City Organics Recycling Programs:

SB 1383 regulations require all jurisdictions to adopt an enforceable ordinance to implement relevant provisions of the SB 1383 regulations. The City of Redlands adopted this required ordinance on October 18, 2022. Major provisions of the ordinance include:

Organic material recycling requirements for single-family residential generators and commercial businesses (including multifamily dwellings); Requirement for all commercial waste generators to supply employees, contractors, tenants, and customers with organic waste collection services consistent with the City’s collection programs;
Requirements for businesses (except for multifamily premises) to supply indoor and outdoor recycling and organic containers when disposal containers are provided for customers for materials generated by that business;
Requirements for businesses to educate and train employees on proper separation of waste and to label waste and recycling containers; Waivers of certain requirements for qualified generators (de minimis waiver for locations that generate less than the specified amounts of organic waste or a physical space waiver for locations that lack adequate space for containers);
Edible food recovery requirements for commercial edible food generators and food recovery organizations and services;
Procurement of recovered organic waste products;
Record keeping, reporting and education/outreach requirements; and Inspection, investigation, review, and enforcement requirements.

The San Bernardino County Department of Public Health Environmental Health Services currently inspects commercial edible food generators, i.e., restaurants and grocery stores. City staff have discovered that county staff are open to including our SB 1383 edible food recovery inspection and enforcement of state-mandated requirements with their existing inspection procedures. This will include inspections, data collection, and maintenance, education, outreach, as well as possible enforcement actions, as detailed below.

The San Bernardino County, Department of Public Health, Environmental Health Services agrees to perform the services set below:

Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, or County Ordinance 4434.

Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections; and include:

Verify Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery services arrange and maintain contracts or written agreements outlining terms for edible food Redlands Regular Meeting of 03-05-2024 46 of 967
contracts or written agreements outlining terms for edible food donation and acceptance.

Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self-hauled, the quantity of food per month, in pounds, that will be collected or self-hauled, and the established frequency.

Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training.

Verify that employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler’s card.

Verify Edible Food is capable of being recovered by a Food Recovery Organization or a Food Recovery Service is not intentionally spoiled.

Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.

Names, telephone numbers, and types of Food Recovery
Organizations and Food Recovery Services within the jurisdiction.

Quantity, in pounds, of Edible Foods recovered from
Commercial Edible Food Generators.

Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City’s jurisdiction and make it available upon request to help them meet applicable requirements of SB 1383.

Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County.

These services will be effective upon approval of this MOU and continue through December 31, 2025.

ALTERNATIVES:

The City Council may elect not to approve the Memorandum of Understanding and direct staff accordingly.

Redlands Regular Meeting of 03-05-2024 47 of 967
STRATEGIC PLAN:

Supports Priority D - Sustainability.

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
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023-24
Discussion:

There is no fiscal impact associated with the approval of the Memorandum of Understanding. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspection and so forth, shall be retained by the County as payment for the services provided to City under the terms of the MOU. Fees shall be charged in accordance with the County Fee Ordinance, which shall be provided to the City.

Attachments
A. MOU Food Recovery
Redlands Regular Meeting of 03-05-2024 48 of 967

Page 1 of 6 ends

INSERT DOCUMENT SERIAL
NUMBER

MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Public
Health Environmental Health Services
And
City of Redlands
For
Environmental Health Services
January 16, 2023
This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino County Department of Public Health, Environmental Health Services Division (County) and the City of Redlands (City).

This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City’s incorporated areas.

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, The County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below;
NOW THEREFORE, County and City mutually agree to the following items and conditions:

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TABLE OF CONTENTS
I. DEFINITIONS.............................................................................................................................. 3 II. COUNTY RESPONSIBILITIES.................................................................................................... 4 III. CITY RESPONSIBILITIES........................................................................................................... 4 IV. MUTUAL RESPONSIBILITIES.................................................................................................... 4 V. FISCAL PROVISIONS................................................................................................................. 5 VI. TERM .......................................................................................................................................... 5 VII. EARLY TERMINATION................................................................................................................6 VIII. GENERAL PROVISIONS............................................................................................................ 6 IX. CONCLUSION..............................................................................................................................6

ATTACHMENT
ATTACHMENT A – Schedule of Services
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I. DEFINITIONS
a. COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 33.1503 of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). b. EDIBLE FOOD: Food intended for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in County Ordinance 4434, or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. c. EDIBLE FOOD RECOVERY: Actions to collect, receive, and/or redistribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.
d. ENFORCEMENT ACTION: An action of San Bernardino County, Department of Public Health, Division of Environmental Health Services (DEHS) or its Enforcement Officers to address non- compliance with County Ordinance 4434 including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. e. FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
f. FOOD FACILITY: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. g. FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). h. FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code, which is:
(a) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and
(b) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

2. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this County Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
i. FOOD RECOVERY SERVICE: A Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of County Ordinance 4434 and implementation of 14 CCR, Division 7, Chapter Redlands Regular Meeting of 03-05-2024 51 of 967

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12 pursuant to 14 CCR Section 18982(a)(7).
j. INSPECTION: For the purposes of Edible Food Recovery, actions to review contracts and other records related to the recovery of Edible Food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of County Ordinance 4434.

II. COUNTY RESPONSIBILITIES
A. The County offers the following services to incorporated cities. The County will provide to the City those specific services selected from this list and as set forth in San Bernardino County Code Title 3, Division 15, County Ordinance 4434, as provided in the Schedule of Services (Attachment A).

1. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections.

2. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.

3. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request.

4. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies.

B. During the term of this MOU, the County Enforcement Officers and their deputies shall exercise the same powers and duties, including methods of enforcement, within the jurisdiction of the City as are conferred upon such officers by law as County officers. The County officers and their deputies shall enforce all provisions of the County Code relating to those services provided.

C. For purposes of this MOU, the jurisdiction of the City encompasses only the incorporated areas of the City and does not extend to spheres of influence.

III. CITY RESPONSIBILITIES
Compensate County as provided in Fiscal Provisions (Section V).

IV. MUTUAL RESPONSIBILITIES
A. In the performance of this MOU, County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of this City.

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B. Indemnification

1. The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU.

2. The County agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County’s negligent acts or omissions in performing its obligations under this MOU.

3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence.

C. Insurance

1. County and City are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker’s 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 and conditions of this MOU.

2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City’s employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County.

3. Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to, and approved by, County’s Risk Management.

D. In the event of any dispute hereunder, each Party to this MOU shall bear its own attorney’s fees and costs regardless of who prevails in the outcome of the dispute.

V. FISCAL PROVISIONS
A. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU. Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City.

B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services.

VI. TERM
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This MOU shall be effective upon execution by all parties and terminate on December 31, 2025.

VII. EARLY TERMINATION
This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County’s rights with respect to any termination of this MOU.

VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below.

City:

County:

City of Redlands
35 Cajon Street
P.O Box 3005
Redlands, CA 92373
San Bernardino County
Environmental Health Services
385 N. Arrowhead Avenue 2nd floor
San Bernardino, CA 92415-0160
B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto.

IX. CONCLUSION
A. This MOU, consisting of six (6) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits.

B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This MOU 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 MOU. The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

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SAN BERNARDINO COUNTY
By
Director of Public Health (Authorized signature - sign in blue ink) Dated: Name
(Print or type name of person signing contract)
Title _
(Print or Type)
Dated: _
Address
Mayor
Eddie Tejeda
35 Cajon Street, PO Box 3005,
Redlands, CA 92373
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Page 1 of 1 ends

Attachment A: Schedule of Services
The San Bernardino County, Department of Public Health, Environmental Health Services Division (County) agrees to perform these services as set forth below

1. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now County Ordinance 4434.

2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food recovery services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance.
b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self-hauled, the quantity of food per month, in pounds, that will be collected or self-hauled, and the established frequency.
c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler’s card. e. Verify Edible Food is capable of being recovered by a Food Recovery Organizations or a Food Recovery Service is not intentionally spoiled.

3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.
a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the jurisdiction.
b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators.

4. Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City’s jurisdiction and make it available upon request to help them meet applicable requirements of SB1383.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County.

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City Council/Successor Agency Meeting I. 6.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for commercial vendors and the temporary closure of a portion of 5th Street for the Stronger Together Now Giving Sunday event within Ed Hales Park on Sunday, March 31, 2024; approve a request for in-kind support in the amount of $1,969, and determine that the event is categorically exempt from environmental review pursuant to Section 15311 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine that this event is categorically exempt from environmental review pursuant to Section 15311 of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to authorize and approve the request for commercial vendors and the temporary closure of a portion of 5th Street on March 31, 2024, and the in-kind support of $1,969.00 related to the Stronger Together Now Giving Sunday event.

2. RECOMMENDATION:

Staff recommends that the City Council direct staff accordingly related to the street closure request for a portion of 5th Street from 9:00 a.m. to 8:00 p.m. and the request for commercial vendors for the Giving Sunday event hosted by Stronger Together Now on March 31, 2024, within Ed Hales Park. Staff further recommends City Council direct staff accordingly concerning expenditure for the in kind support request.

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DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the city. Upon issuing a special event permit, the event may take place contingent on the event organizer paying the required fees. However, the City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community.

The non-profit organization, Stronger Together Now (STN), has hosted other events in Redlands and is requesting to hold the Giving Sunday event on March 31, 2024, at Ed Hales Park. The event will be held from 11:00 a.m. to 6:00 p.m. and includes 50 different food and commercial vendors. STN is also requesting a temporary street closure of 5th Street from E. State Street to the public parking lot entrance between the hours of 9:00 a.m. to 8:00 p.m for the location of the vendor booths and for the set-up and dismantling of the event. In addition to the commercial vendors, there will also be live music, kids' activities, service organizations and non-profit organizations participating in the event. STN is requesting in-kind support in the amount of $1,969 for departmental resources including personnel and equipment for the Facilities and Community Services Department.

City Councils' approval is required for the event as the municipal code prohibits commercial activity within city parks and does not permit special events to take place within a city street. Should the City Council elect to approve the event, the following requirements will apply. The event will be held within the park perimeter and along 5th Street between E. State Street and the public parking lot entrance. All commercial vendors shall have a current City of Redlands business license to participate in the event; and the event shall comply with all County of San Bernardino Health Permit regulations.

ALTERNATIVES:

The City Council may elect to deny the event.

STRATEGIC PLAN:

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

Enhance community events to better reflect Redlands' diversity and demographics.

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SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director REVIEWED BY:

Charles M. Duggan Jr., City Manager
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Amber N. Davis, Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023/24
Amount: $1969.00
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event.

The departmental charges are costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
March Event Type 2024 Amount
Police Personnel1 $0.00 Hard
Cost
$0.00
Fire Personnel1 $0.00 Hard
Cost
$0.00
Facilities & Community Services
Personnel1
$1,871.00 Hard
Cost
$3,750.00
Personnel & Equipment Subtotal $1,871.00 $3,750.00
Fees Established by City Council
Resolution
Park Reservation $98.00 Soft Cost$188.00
FCS Equipment $0.00 Soft Cost$0.00
Fire Equipment $0.00 Soft Cost$0.00
Fees Subtotal
Total Departmental Charges and
Fees
$1,969.00 $3,938.00
Redlands Regular Meeting of 03-05-2024 59 of 967
$1,871.00
(Hard)
$98.00 (Soft)
$1,969.00
(Total)
$3,750.00
(Hard)
$188.00 (Soft)
$3,938.00
(Total)
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

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

TABLE 2: FY 2023-24 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$220,365.14 $15,789.96 $ $236,155.10 $236,155.10
Attachments
STN Street Closure Form
STN In-Kind Form
Non-Profit Verification
STN Park Reservation
STN Giving Sunday Map
Redlands Regular Meeting of 03-05-2024 60 of 967

PERMIT TO CLOSE STREET FOR SOCIAL EVENT(S)
Date

4. Risk Management Division
Date

3. Facilities & Community Services Department
Date

2. Municipal Utilities & Engineering Department

FOR OFFICE USE ONLY
This permit must be signed by the Chief of Police in order to be valid.

1. Chief of Police Date
Event:

Permission to close a street for an event is
subject to the following requirements:

1. Street Closure Diagram MUST be attached. (Failure to submit diagram will result in non-issuance of permit).

2. Event Flyer or Event Description MUST be attached. (Failure to submit flyer or event description will result in non-issuance of permit).

3. Applicant MUST provide insurance coverage per City's requirements (see reverse)

4. Written permission from all residents of the effected portion of the street MUST be attached.

5. No tables or other objects shall be placed on the street surface.

6. No alcohol shall be consumed on the street or City right-of-way outside of a permitted area.

7. Temporary No Parking Signs and barricades shall be supplied and posted by City Staff

8. Affected street(s) shall remain accessible for emergency vehicles and local traffic at all times.

9. This permit pertains only to the closing of the street(s). This permit does not relate to the type of activity, noise, or any other aspect of the event. All other applicable and appropriate ordinances and laws apply.

Permission is hereby granted to:

To close (street names)
Between (street names)
On (date) from (time) to (time)
Address of Applicant:

Signature of Applicant: Phone No.

Condition(s):

Event Description:

Staff Notes:

STN Giving Sundays - March 2024
Stronger Together Now
5th St
Ed Hales parking lot, 5th St entrance to State St
511 S University St Redlands, CA 92374
213-595-8735
Staff to setup and remove street closure
STN Giving Sundays with artisan market, free market, communities focused activities/outreach 12/19/23 9:00 am 8:00 pm
Redlands Regular Meeting of 03-05-2024 61 of 967
In-Kind Support Request
Group/Organization Name:

Event Name:

Event Date(s):

Primary Contact Name & Title:

Mailing Address:

Phone Number:

E-Mail Address:

Is your Group/Organization
a Registered Non-Profit:

Beginning Time: End Time:

No
Yes Non-Profit Federal Tax ID Number:

Describe Your Request:

Location(s):

Rain Out Date:

Traffic (Personnel, equipment, cones, barricades, no-parking Police (Public Safety Personnel)
Fire (Paramedics, Inspectors)
Parks (Cleanup Personnel, Ball Field Lights)
Facility
Refuse/Recycling (Event Receptacles, Roll-Off Service) acquired by Event Organizers through Redlands Customer Service Other
Select and Describe All City Provided Services That May Apply to Your Request :

Does your Group/Organization
Presently Have Liability Insurance?
Has your Group/Organization received fee
waivers from the City in the past?
Yes
No
Department may require smaller events to comply with
City recycling practices as a condition of waiving fees.

Updated 6/2021
City of Redlands
Redlands Regular Meeting of 03-05-2024 62 of 967
To Be Completed by the City of Redlands
Received By:

I certify that all statements on this application are true and complete to the best of my knowledge.

Signature: Title:

Please Print Your Name: Date:

Proposed Event Previous Event
Actuals
Attendance: Redlands
Residents
Food & Beverage Sales
Merchandise Sales
Ticket/Entrance Fees
Total Revenue
Other
Attendance: NonResidents
Vendors
As a part of our commitment to fiscal responsibility, the City of Redlands gathers data associated with the economic and social benefits associated with in-kind support. Please provide estimates, as applicable, for your event.

Positive outcomes for your
organization from this
Describe what economic
benefit and impact this
event will bring to the City:

In April 2002, the City Council adopted Resolution No. 6038, which encourages groups or organizations requesting in-kind support from the City to use local businesses when procuring goods and services associated with the event. Receipts will need to be submitted through a follow up form. Failure to submit post event documentation (within 15 days) may affect future requests.

Date Received:

Notes:

City Manager Approval: City Council Approval:

Redlands Regular Meeting of 03-05-2024 63 of 967
Stronger Together Now
EIN: | Rialto, California, United States
Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.

On Publication 78 Data List: Yes
Deductibility Code: PC
Determination Letter
A favorable determination letter is issued by the IRS if an organization meets the requirements for tax-exempt status under the Code section the organization applied.

Final Letter(s)
FinalLetter_86-3416186_STRONGERTOGETHERNOW_06152021_00.tif [https://apps.irs.gov/pub/epostcard/dl/FinalLetter_86-
3416186_STRONGERTOGETHERNOW_06152021_00.tif]
Form 990-N (e-Postcard)
Organizations who have filed a 990-N (e-Postcard) annual electronic notice.

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

Tax Period:
2021 (01/01/2021-12/31/2021)
EIN:

Organization Name (Doing Business as):

STRONGER TOGETHER NOW
Mailing Address:

Redlands Regular Meeting of 03-05-2024 64 of 967
351 Chaparral Street
Rialto, CA 92376
United States
Principal Officer's Name and Address:

Janelle Guerrero
351 Chaparral Street
Rialto, CA 92376
United States
Gross receipts not greater than:
$50,000
Organization has terminated:

No
Website URL:

Redlands Regular Meeting of 03-05-2024 65 of 967
CITY OF REDLANDS – Facilities & Community Services Department

FORMAL PARK RESERVATION REQUEST
35 Cajon Street, Suite 222, P.O. Box 3005, Redlands CA 92373 (909) 798-7655 FAX (909) 335-6098 (Reservations taken year-round. No reservations made without fees/deposit paid and completion of form.) Date/Time of Activity _________________________ Date/Time of Set-up_____________ Estimated Attendance _____ Requested Park: Brookside Community Crafton Brookside Ed Hales Ford Jennie Davis Prospect Smiley Sylvan Texonia Other_______________ Name of Organization/Individual ____________________________________________________________________ Address ___________________________________________ City _____________________ State _____Zip _______ Phone (W/H) _____________________(C) ____________________ (Email) _______________________________ Nature of activity (describe in detail): _________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ City Department Redlands Citizen Non-Citizen
Type of Equipment Set-up by Event Coordinator(s)
Tables Chairs EZ Ups Decorations Flowers Food Stereo Porta Potty Temporary Trash Bins Electricity Other
Type of Vendor/Service
Jumper Caterer Clown Face painter Police Fire Other
Per Municipal Code 12.44.050 Outside sales are not allowed without express permission by the Quality of Life Director.

Per Municipal Code 12.44.190 No person shall cook or prepare on areas except for those specifically designated.

Per Municipal Code 5.04.090 All vendors are required to have a current business license with the City of Redlands.

Sylvan Park Picnic Areas
_____ Section “A” (select tables desired) ________ Gazebo Times: __________ am/pm to ______ am/pm Total Hours ___ 1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17
_____ Section “C” (select tables desired) ________ Covered Picnic Area Times: _ am/pm to ______ am/pm Total Hours ___ 1 2 3 4 5 6 7
Application for Amplified Sound/Other Equipment
Type of amplification/other equipment ________________________________________________________________________________________ Nature of Use _____________________________________________________________ Time of day to be used ________ am/pm to _______ Chapter 12, Redlands Municipal Code Applicant shall comply with all City laws governing use of Redlands parks. Applicant shall defend, indemnify and hold harmless the City and its respective officials, officers and employees from and against any and all claims, lawsuits, damages, losses, injuries, costs and liabilities for injury (including death) to persons or property arising from or associated with applicant’s and applicant’s officers’, employees’, agents’ and invitees’, negligent or intentionally wrongful acts or omissions in conducting applicant’s activity allowed by the approved reservation request (Permit). Applicant Initial NOTE: This permit is subject to immediate cancellation by any Police Officer or agent of the City who determines that any provision(s) of the City’s Municipal Code have been violated.

Applicant may be required to provide the City, for review and approval, certificates of insurance for public liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from applicant’s activity. Such insurance shall name on the policy or endorsement, as additional insureds, the City of Redlands and its respective elected officials, officers, employees and agents. Such insurance shall include not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate of comprehensive general liability insurance, including bodily injury and property damage coverage, together with such other additional coverage as the City’s Risk Manager may determine to be prudent. Insurance coverage shall be maintained for the duration of applicant’s activity. Proof of Insurance Policy No. _______________________ Insurance Company ________________________________ Signature of Applicant Date

OFFICE USE ONLY
_ ____ Approved ____ Not Approved Authorized Signature __________________________ Date ______ Requirements: ____________________________________________________________________________________ _________________________________________________________________________________________________ Redlands Regular Meeting of 03-05-2024 66 of 967 Redlands Bowl 121.00$
Stage (outdoor area of Posellis only)    20.00$ per hour Prosellis (includes stage area)    25.00$ per hour
Bowl    25.00$ per hour
Mandatory Park Attendant    50.00$ per hour
Avice Meeker Sewall Theatre 121.00$
Apron (full stage not available)    20.00$ per hour
Mandatory Park Attendant    50.00$ per hour
Sylvan Park 121.00$
Section A (Group Picnic) Tables 1 through 8 (seats 128)    30.00$ Section A (Group Picnic) Tables 9 through 17 (seats 64) 30.00$ Section A (Group Picnic) Tables 17 through 25 (seats 64) 30.00$ Section C (Group Picnic) Tables 1 through 7 (seats 65) 30.00$ Rose Garden    25.00$
Covered Picnic Area (Shelter Area)    40.00$
Gazebo    40.00$
All Other Parks    94.00$
Prospect Park Sign    63.00$
Clean‐up Deposit (refundable)
up to 50 persons 100.00$
50 to 150 persons 200.00$
150 or more persons 300.00$
Per Resolution No. 8045 effective 12/03/2019

PARK RESERVATION FEES

CITY OF REDLANDS

FACILITIES & COMMUNITY SERVICES DEPARTMENT
The following fees are established for reservations of parks and facilities and are paid by all users. All reservations/permits are for use by fifty or more persons Park Reservation Fees 12.03.2019.xlsx
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Park Rules and Information

1. All park facility reservations must be made a minimum of 7 working days in advance and must be accompanied by full payment. Reservations taken year round.

2. Groups of more than 50 persons must make reservations per City Ordinance.

3. No vehicles allowed on park grounds at any time under any circumstances this includes loading and unloading.

4. BBQ grills are first come, first serve. Users are responsible for cleaning.

5. Volleyball courts and baseball diamond on park grounds are available on first come first serve basis.

6. Pets must be restrained at all times while in park.

7. No horseshoe playing on grass. Pits are available on park grounds on first come, first serve basis.

8. In case of any problems call police at 798-7681 for assistance. STANDBY NUMBER 909-557-6635

9. No refunds for inclement weather or no shows. If you wish to cancel prior to the reservation date, a 10% administrative fee will apply.

10. It is your responsibility to prove your reservation to police and other parties.

11. Pony rides, dunk tanks and erecting of tents or volleyball nets, or any equipment that would involve stakes into the ground are strictly prohibited.

12. Air jumps are not encouraged and require an insurance policy in the amount of $3,000,000 naming the City of Redlands as additional insured.

Reservations/ permits are required regardless of number in group when bouncers are brought into the park.

Park Rules by Ordinance
(For complete text, see Redlands Municipal Code Chapter 12.44)

12.44.090 AMPLIFIED SOUND - PERMIT REQUIRED
It is unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying for the purposes of giving instructions, directions, talks, addresses, or lectures, or of transmitting music to any persons or assemblages of persons in a park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions: A. By authorized law enforcement or park and recreation personnel: or B. Under a reservation or permit issued by the Director, and when operated in accordance with terms of that reservation or permit.

12.44.100 AMPLIFIED SOUND - GRANT OR DENIAL OF PERMIT
A. In determining whether to grant or deny a permit, the Community Services Administrator shall be guided by the following considerations:

1. The extent to which sound may carry into private or residential areas of the City.

2. Any actual conflict with other scheduled park uses or events.

3. The necessity for careful and safe provision of electricity and the safety of individuals near such electrical sources.

B. The Director shall not deny a permit on the basis of any dislike for or disagreement with the content of any proposed talks, addresses, lectures, or musical presentations.

12.44.130 AMPLIFIED SOUND - REGULATION OF VOLUME
If, at any time, the Police Department determines that the sound produced by an amplified sound system in a park is unreasonably interfering with other persons using a park or with nearby residents in the comfortable and reasonable enjoyment of their premises, an officer shall request the person in charge of the assembly, or any other person appearing to be involved in the production of the sound, to immediately reduce the level thereof. If the sound is not reduced within five minutes to a reasonable level, the officer shall immediately contact the Parks Division standby person to curtail the power source.

12.44.140 FIREARMS, FIREWORKS AND TOY WEAPONS PROHIBITED No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives, or carry or discharge any air gun, or pistol, or any sling shot or similar device, or any bows and arrows, or carry or use any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles, and if such objects or articles are brought into any public park, the person or persons so bringing them in will be subject to having them taken away from his person by the proper authorities.

12.44.230 PERMIT REQUIRED TO SELL MERCHANDISE
No person shall sell or offer for sale any merchandise, article or thing, except by permit from the Director. Non-profit organizations may sell goods only if specially authorized by the Director upon the approval of the person using the facility at the time such non-profit group proposes to sell goods.

12.44.250 PARK HOURS
No person shall stay or remain in any public park between the hours of 9 p.m. and 6 a.m. of the following day without permission of the Director. The provisions of Sections 12.44.100 and 12.44.110 shall govern the granting or denial of such permission.

12.44.270 DRINKING OF ALCOHOLIC BEVERAGES
No person shall drink or consume any alcoholic beverages or liquors in any open area of any public park. A person may drink or consume alcoholic beverages or liquors in public parks only in enclosed public areas as defined by resolution of the City Council pursuant to a written permit from the Director. The enclosed area is comprised of those areas which have been approved for use and secured by a barrier, portable fence, screen or other materials approved by the City Council.

12.44.280 RESERVATION – RESPONSIBILITY
The Director shall be responsible for scheduling and controlling the use of parks, or portions thereof, for the maximum benefit and participation by interested persons or groups, both public and private. All reservable areas in Sylvan Park shall be subject to reservation according to the rules and regulations of the Park Division. Activities sponsored by the Parks Division or Recreation Department shall be given preference in the use of City parks.

12.44.320 RESERVATIONS - FORMAL PERMIT – CONDITIONS
The Director may impose such reasonable conditions upon the issuance of the formal permit as he deems necessary for the protection of the public health, safety, and welfare, including, without limitation, conditions related to time, place, frequency, duration, fees, consumption of alcoholic beverages, maximum attendance, parking restrictions, and placement of apparatus and equipment. Such conditions and fees shall be set forth in writing and delivered to persons applying for reservations at the time an application is requested.

12.44.390 INSURANCE
Any person or group holding an event requiring a permit under this Chapter within any City park shall provide evidence of current insurance with the City named as an additional insured insuring the City from any and all liability for injury to persons or property resulting from the activity. The minimum amount of such insurance shall be determined by the Risk Manager in his/her discretion. This section shall not apply to City sponsored activities.

12.52.130 ABUSE OR MUTILATION OF PUBLIC TREES
Unless specifically authorized by the Parks Maintenance Superintendent, no person shall . . . allow any rope, wire, nails, advertising posters or other contrivance to be attached to any publicly owned tree.

Redlands Regular Meeting of 03-05-2024 68 of 967
City of

REDLANDS
Incorporated 1888
35 Cajon Street, Suite 200
P.O. Box 3005, Redlands, CA 92373
909-798-7514
Park Reservation/Special Events Permits
Insurance Requirements
The Special Event Holder shall secure and maintain the insurance coverage described below for the duration of the Event, and such insurance shall act as primary coverage with respect to any insurance or self-insurance programs maintained by the City.

Single Day Event- General Liability Insurance:
 One Million Dollars ($1,000,000.00) Per Occurrence
 The City of Redlands must be named as an Additional Insured and specify that the insurance is primary and non-contributing to any insurance maintained by the City  Endorsements must be attached to the Certificate
 Event Name, Date, and Location should be noted in the Certificate’s Description field Liquor Liability Insurance: Required if alcohol is being served or sold at the Event  One Million Dollars ($1,000,000.00) Per Occurrence
 The City of Redlands must be named as an Additional Insured Multiple Day Event- General Liability Insurance:
 One Million Dollars ($1,000,000.00) Per Occurrence
 Two Million Dollars ($2,000,000.00) Aggregate
 The City of Redlands must be named as an Additional Insured and specify that the insurance is primary and non-contributing to any insurance maintained by the City  Endorsements must be attached to the Certificate
 Event Name, Dates, and Location should be noted in the Certificate’s Description field Liquor Liability Insurance: Required if alcohol is being served or sold at the Event  One Million Dollars ($1,000,000.00) Per Occurrence
 Two Million Dollars ($2,000,000.00) Aggregate
 The City of Redlands must be named as an Additional Insured The Special Event Holder shall instruct their insurance agent/broker to furnish a properly executed Certificate of Insurance to the City’s Risk Management Division for review of compliance with these requirements.

Submission MUST be made at least 10 Days Prior to Event to avoid Permit cancellation and total or partial loss of paid fees.

Prior written notice must be provided to the City for any modifications or cancellations to insurance Certificate Submissions are requested to be sent by the agent/broker directly via email to [email protected] or via US Mail to:

Attn: SARAH REDINGER
City of Redlands
P.O. Box 3005
35 Cajon Street, Suite 200
Redlands, California 92373

MANAGEMENT SERVICES

DEPARTMENT
Human Resources/
Risk Management Division

JANICE MCCONNELL
Assistant City Manager

TOMMI NG,PHR
Assistant Director, HR/Risk Management
Redlands Regular Meeting of 03-05-2024 69 of 967

MAJOR EXCLUSIONS
(Including, but not limited to)
 Automobile Liability
 Aircraft / Watercraft Liability
 Property Damage to Entity Premises
 Property of others in the Care, Custody and Control of the Insured  Workers’ Compensation
 Collapse of Tents and Concert Limitations
 Attendance Limitation Exclusion
 Outdoor Concerts Limitation Exclusion
 Seating, Glass & Fixtures Exclusion
 Pyrotechnics & Explosives Exclusion
 Exclude Specific Performances (without prior company approval)  Bodily Injury, Property Damage, Personal Injury and Advertising Injury to any entertainer, stage hand, crew, independent contractor, audience member, patron or customer of the insured as a result of participating in a demonstration or show. Damage to property or equipment belonging to entertainer, stage hand, crew, independent contractor, audience member, patron or customer of the insured  Punitive Damages
 Unmanned Aircraft
 Assault and Battery
 Terrorism
 Circus and Carnivals including Rides
 Mechanical Amusement Devices
 Motorized Sporting Events
 Tractor/Truck Pulls
 Boxing, Wrestling, Hockey, Contact Karate Events (including practice)  Rodeos and Roping Events (including practice)
 Aircraft and Balloon Events
 Professional Sporting Events
 Pyrotechnical Uses / Fireworks Shows (does not apply to spectators)  Heavy Metal, Alternative Music, Hip-Hop and Rap Concerts (without prior underwriter approval)  Moonbounces, Jumphouses, and Trampolines
 Veterinary Legal Liability (NO animals)
Redlands Regular Meeting of 03-05-2024 70 of 967
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City Council/Successor Agency Meeting I. 7.

DATE: 03/05/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request for in-kind support in the amount of $112,769.88 related to the Redlands Bicycle Classic event hosted by the Redlands Bicycle Classic Inc. to be held on April 12, 2024, through April 14, 2024; authorize temporary street closures related to the event; authorize the sale and consumption of alcoholic beverages at the event; and determine that the sale and consumption of alcoholic beverages at the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine the authorization for the sale and consumption of alcoholic beverages during the Redlands Bicycle Classic to be held April 12 through April 14, 2024, is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move to authorize and approve a request for in-kind support in the amount of $112,769.88 related to the Redlands Bicycle Classic event, the temporary street closures related to the event; and the sale and consumption of alcoholic beverages during the event.

2. RECOMMENDATION:

Staff recommends the City Council determine that the event, Redlands Bicycle Classic, is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act, that the City Council direct staff accordingly Redlands Regular Meeting of 03-05-2024 73 of 967
concerning the request for in-kind support, and authorize the temporary street closures and the sale and consumption of alcoholic beverages during the Redlands Bicycle Classic event.

DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of the expenditure of City resources related to a specific special event without reimbursement from Redlands-based non-profit agencies and organizations.

The Redlands Bicycle Classic Inc. (Bicycle Classic) is requesting in-kind support related to Police, Fire, and Facilities and Community Services personnel and the rental of barricades for the Bicycle Classic event to be held from April 12-14, 2024. The Bicycle Classic is a registered 501(c)(4) non-profit organization operating out of Redlands and has held the race and expo event locally for over 35 years. The current fee waiver request indicates 45,000 anticipated participants and spectators. The application suggests a positive outcome for the Bicycle Classic as providing local service clubs and organizations an opportunity to raise funds for charity, bringing revenue to local businesses, and recognition to the City through the hosting of a top-tier event. The indicated economic benefit is the use of local hotels, restaurants, and stores by participants and spectators.

For the upcoming event scheduled from April 12 at 5:00 p.m. to April 14 at 8:00 p.m., vendors will be stationed on the upper level of the bi-level parking structure located on E. Citrus Ave, where the beer garden will also be located. To facilitate this event, various streets will experience intermittent closures throughout the day. A detailed map of these street closures is attached to this report for further reference and planning purposes.

The City Council has approved in-kind support requests for past annual events.

A summary of the costs is included in the fiscal impact section of this report.

The sale and consumption of alcoholic beverages at the event is categorically exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15061 (b)(3). This section includes the permitting of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The request is consistent with this exemption as it includes permitting alcohol service within an existing public park.

Redlands Regular Meeting of 03-05-2024 74 of 967
existing public park.

ALTERNATIVES:

The City Council may deny the request for in-kind support or provide alternative direction to staff.

STRATEGIC PLAN:

Supports Priority A - Quality of Life: Economic Vitality SUBMITTED BY:

Tabitha Crocker, Director Facilities and Community Services Department RECOMMENDED BY:

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

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

Amber N. Davis, Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023/24
Amount: 112,769.88
Discussion:

The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.

Departmental Charges
(Personnel & Equipment)
2024 Amount Type 2023
Amount
Police Personnel1 $81,030.00 Hard
Cost
$70,072.00
Fire Personnel1 $19,082.88 Hard
Cost
$19,960.00
Facilities & Community Services
Personnel1
$2,112.00 Hard
Cost
$2,112.00
Personnel & Equipment Subtotal $102,224.88 $91,874.00
Redlands Regular Meeting of 03-05-2024 75 of 967
Fees Established by City Council
Resolution
Park Reservation $0.00 Soft
Cost
$0.00
FCS Equipment $945.00 Soft
Cost
$250.00
Fire Equipment $9,600.00 Soft
Cost
$400.00
Fees Subtotal $0.00 $0.00
Total Departmental Charges and
Fees
$10,545.00 $650.00
$
102,224.00(hard)
$ 10,545.00(soft)
$ 112,769.88
$91,874.00
$650.00
$92,524.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and waiver of fees approved for events scheduled during Fiscal Year 2022-23 to date:

TABLE 2: FY 2023-24 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$220,365.14 $15,789.96 $ $236,155.10 $236,155.10
Attachments
Street Closure Request
RBC Letter to Council
In-Kind Support Request
ABC Permit Request
Non-Profit Verification Letter
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