CITY OF LOMA LINDA
CITY COUNCIL AGENDA
REGULAR MEETING OF SEPTEMBER 13, 2022
A regular meeting of the City Council of the City of Loma Linda is scheduled to be held Tuesday, September 13, 2022, in the City Council Chamber, 25541 Barton Road, Loma Linda, California. Pursuant to Municipal Code Section 2.08.010, study session or closed session items may begin at 5:30 p.m. or as soon thereafter as possible. The public meeting begins at 7:00 p.m.
Reports and Documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours. The Loma Linda Branch Library is also provided an agenda packet for your convenience. The agenda and reports are also located on the City’s Website at www.lomalinda-ca.gov.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 25541 Barton Road, Loma Linda, CA during normal business hours. Such documents are also available on the City’s website at www.lomalinda-ca.gov subject to staff’s ability to post the documents before the meeting.
Persons wishing to speak on an agenda item, including any closed session items, are asked to complete an information card and present it to the City Clerk prior to consideration of the item. When the item is to be considered, please step forward to the podium, the Chair will recognize you and you may offer your comments. The City Council meeting is recorded to assist in the preparation of the Minutes, and you are therefore asked to give your name and address prior to offering testimony.
The Oral Reports/Public Participation portion of the agenda pertains to items NOT on the agenda and is limited to 30 minutes; 3 minutes allotted for each speaker. Pursuant to the Brown Act, no action may be taken by the City Council at this time; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (909) 799-2819. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible.
A recess may be called at the discretion of the City Council.
Meetings are accessible to people with disabilities. Every attempt will be made to swiftly address each request. Requests in advance of the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the City Clerk at [email protected] or (909) 799-2890.
THE CITY COUNCIL CHAMBERS IS OPEN TO THE PUBLIC
PHYSICAL DISTANCING AND MASKS MAY BE REQUIRED
REMOTE PARTICIPATION WILL NO LONGER BE AVAILABLE
A. Call To Order
B. Roll Call
C. Workshop
D. Invocation and Pledge of Allegiance – Mayor Dupper (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief, nonsectarian 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.)
E. Items To Be Added Or Deleted
F. Oral Reports/Public Participation - Non-Agenda Items (Limited to 30 minutes; 3 minutes allotted for each speaker)
G. Conflict of Interest Disclosure - Note agenda item that may require member abstentions due to possible conflicts of interest
H. Scheduled and Related Items
1. Request to remove a city tree from 11467 Richmont Rd. – Property Owner: Rosemary Peng
2. Public Hearing – Council Bill #O-2022-03 – (Introduce on first reading, set second reading for October 11, 2022) to amend and replace in its entirety Chapter 3.13, Hotel Incentive Program, of the Loma Linda Municipal Code. [Community Development] I. Consent Calendar
3. Demands Registers
4. Minutes June 14, 2022
5. Treasurer’s Reports – July and August 2022
6. Fire Department’s Report – August 2022
7. Amendment to site lease agreement with STC One LLC c/o Crown Castle USA Inc. for the cell tower site located at 10466 Richardson Street [City Manager]
8. Award a Contract to Golden West Landscape in the amount of $120,596.08 for the installation of the landscape median at California Street (CIP 22-112) [Public Works]
9. Approve an appropriation of $166,000 from Park Development Fund and award a contract to BWW & Company, Inc. in an amount of $266,030.00 for the walking track installation at Hulda Crooks Park (CIP 22-755) [Public Works]
10. Approve an appropriation of $18,000 from General Fund-Fund Balance and award a Professional Service Contract to Lynn Merrill & Associates in the amount of $18,000 for solid waste and storm water management support [Public Works] J. Old Business
11. Approve an amendment to Schedule “A” pertaining to the contract with Sheriff’s Department [City Manager]
K. New Business
L. Reports of Councilmen (This portion of the agenda provides City Council Members an opportunity to provide information relating to other boards/commissions/committees to which City Council Members have been appointed).
M. Reports Of Officers (This portion of the agenda provides Staff the opportunity to provide informational items that are of general interest as well as information that has been requested by the City Council).
N. Adjournment
Next meeting is scheduled for October 11, 2022
POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that on the 8 th day of Septembert 2022, I caused
this agenda to be posted at the following three (3) locations, to-wit:
1. Loma Linda Branch Library, 25581 Barton Road, Loma Linda, California
2. City Council Chambers, 25541 Barton Road, Loma Linda, California
3. U. S. Post Office Annex, Newport Avenue, Loma Linda, California Lynette Arreola, City Clerk
City of Loma Linda, California
Date: March 17, 2022
Subject: Tree Removal
To the Loma Linda City Council:
On March 1st of 2022, I submitted a request for the removal of an oversized city tree from the parking strip of my property at 11467 Richmont Road, Loma Linda, 92354. After submitting my request, I was notified by Robert Shenton that the tree would be removed on March 20, 2022.
This action was temporarily placed on hold as a nearby neighbor reported a possible hawk's nest in the tree, causing a delay until the nest could be evaluated by the California Department of Wildlife.
I continued to follow up with Mr. Shenton and I continued to communicate with my renter. My renter, Mrs. Jolley, received a call from Mr. Shenton on August 4th of 2022, stating that he was just getting back to work after a three-month hiatus and that during that time someone in our neighborhood had created a petition against cutting down the tree. This petition was reported to the Council and a decision was made to not cut the tree down but rather to simply trim it and rebuild the wall around it.
In my initial request for the tree to be removed, I stated multiple reasons why the tree is a hazard, and poses a danger for my property, my renters, and the nearby neighbors. I stated that in the occasion of high winds, heavy branches have fallen, posing a threat to nearby cars and pedestrians. Moreover, the roots of the tree have grown into the sprinkler pipes and water pipes multiple times, causing them to break. This has led to flooding, which has caused the lawn to be damaged multiple times. It has also caused dirt to leak into the home's water system, contaminating drinking water. Not only have the roots infiltrated the pipe system, but the roots have broken the cement/brick structure surrounding the tree as well as the curb and the street.
It is dangerous to leave the tree as is, as the water meter is located beside the base of the tree and the gas line runs parallel to the street underneath the roots of the tree. For these reasons, I do not believe that simply trimming the tree and rebuilding the wall around it will suffice. The entire tree needs to be removed to guarantee the safety of the property and the people nearby.
As I mentioned in my initial request: I am not opposed to the replacement of this overgrown tree with another tree that is more suitable and safer for the location. The solutions that the city is presenting does not specifically address or resolve any of the issues and concerns stated above. From an outsider's perspective, it is simply a large overgrown tree. For property owners like myself and for my renters, the tree is an incredibly expensive and anxiety-inducing liability for myself and the city. I would like to know who instigated the petition, how many people signed the petition, what the petition said (specifically if it included any of my reasons for wanting the tree removed), and if anyone from the council came to investigate the extreme overgrowth of the roots into the pipes, curb, and street.
Rosemary Peng
Owner of the property
(951) 533-7599
Email address: [email protected]
CC AGENDA ITEM 1
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TO THE CITY OF LOMA LINDA regarding the CITY TREE at 11467 Richmont Rd, Loma Linda JoLane L. Jolley, resident
On February 10, 2022, I sent a message via the Loma Linda City website, explaining the problems with the huge city tree in front of the house: the ever-expanding rootball (now 2.5 feet above the grass level) had broken the cinder block wall which surrounded the tree, also the curb which had been replaced some time before and was now spilling dirt from these roots (5 buckets at that point) onto the road. This concerned me about the stability of the tree. The tree is tall enough to fall onto my home and also the Samuel and Ellen Yung home next door, plus the cars which are habitually parked on both sides of Richmont Road.
I received a response from Raul Calunga, Public Works Dept, that he would notify the appropriate authorities about this problem. I notified the property owner, Rosemary Peng.
Eventually I heard from Mr. Robert Shenton, a Field Maintenance Tech, that the surrounding cinder block wall would be demolished, and the tree would be cut very low and the stump ground.
On March 17, the cinder block box was demolished, the debris taken away, and orange cones and No Parking notices posted for the day of the cutting, March 21st .
In the meantime, Southern California Gas sent Kenny Murillo, an ETD Locator, to mark (with little yellow flags) the path of the gas line which runs parallel to the street RIGHT UNDER THE TREE. He said that a SoCalGas man would need to be present on the day of the cutting.
Also, a neighbor, Angelique de Alba, informed me that there was a hawk nest in the tree and that cutting down such a tree was illegal during nesting season. I had not known that but we were agreeable to waiting until late summer to finish the project. So--everything went ON HOLD! In August (when nesting season was well past), I telephoned Mr. Shenton to re-schedule the cutting of the tree. Much to my surprise, he explained to me that a petition against that plan had been approved by the city and that the tree would simply be trimmed and the wall rebuilt.
Neither Rosemary Peng nor I had heard anything about this! And when I asked to see the petition, I was notified by Lynette Arreola in your office that the "city has no record of a petition."
Petition or not, we strongly feel that trimming the tree is not sufficient-this grand old tree has more than outgrown its spot. It is unsafe, unstable, unsightly, and will continue being a problem.
PLEASE RETURN TO THE ORIGINAL PLAN: CUT DOWN THE TREE AND GRIND THE STUMP! Thank you,
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Samuel & Ellen Yung � 11455RichmontRd.
1 r.,/�1___ Loma Linda, CA 92354 7) _ O _ , r,vr; �
Date:
To:
Via:
From:
Subject:
City of Loma Linda
Official Report
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
September 13, 2022
City Council
Jarb Thaipejr, City Manager
Approved/Continued/Denied
By City Council
Date ------
Lorena Matarrita, Community Development Director ifv'
Ordinance to amend and replace in its entirety Chapter 3 .13 of the Loma Linda Municipal Code, Hotel Incentive Program.
RECOMMENDATION
Public Hearing to introduce on first reading and set second reading to adopt Council Bill #0-2022-03, an Ordinance to amend and replace in its entirety Chapter 3.13, Hotel Incentive Program, of the Loma Linda Municipal Code.
BACKGROUND
The City of Loma Linda's Hotel Incentive Program was adopted in 2016 to provide economic incentives to attract the development of AAA-rated Three Diamond hotels. The Program was intended to incentivize the development, construction and operation of hotels. (A "hotel" is classified as a building that includes 90 or more guestrooms and at least 2,500 square feet of meeting space or under agreement with another hotel within 1000 feet with meeting space.) Through the current Program, the City makes incentive payments or "reimbursements" to an owner of a AAA-rated Three Diamond Hotel in the amount equal to 30% of the cumulative transient occupancy tax (TOT) collected and remitted to the City based on the applicable TOT rate ( currently 10% ). This incentive payment period lapses after ten years, which commences on the opening date and terminates on the tenth anniversary date of the hotel opening. Since the Program's inception, only one hotel owner has qualified and submitted an application - Towneplace Suites, a 90-room hotel located off Richard Street, south of the I-10 freeway.
The Hotel Incentive Program ended on June 30, 2020.
ANALYSIS
At this time, the Hotel Incentive Program has expired. The revised policy document being brought before the Council would extend the date by which a developer can submit an application for the Program before the end of the eligibility phase. The eligibility phase means the period commencing on the effective date of this chapter and terminating on the earlier to occur of: (i) June 30, 2025; or (ii) the date on which there are a total of700 guestrooms comprised of guestrooms of new qualifying hotels which have been pre-approved by the City Manger, otherwise known as "Pre-Approved Qualifying Hotels," and have opened for business.
CC AGENDA ITEM 2
In order to continue attracting quality hotels that serve the needs of businesses, visitors, and families tied to various medical facilities in Loma Linda, the City would benefit to induce and encourage the operation of both AAA-rated Three Diamond hotels and equivalent qualifying hotels that would not otherwise operate within the City without a Hotel Incentive Program. An "Approved Equivalent Qualifying Hotel" means a brand hotel that is identified as having an expected level of service and amenities, such as those enumerated in Chapter 3.13, Section
3.13.020.16. Such hotels will contribute to the growth and the expansion of tourism opportunities in the City while providing employment gain for residents. In regard to any hotel seeking to qualify under the category of "Approved Equivalent Qualifying Hotel," the determination of conformity lies with the City Manager and there are many specific criteria delineated in the program specifications that must be satisfied.
The incentive or "reimbursement" would be in an amount equal to 50% of the TOT collected and remitted to the City. Such incentive payments shall be calculated and made for the ten (10) year annual period commencing on the Opening and terminating on the tenth (10th) anniversary date of the Opening or, if earlier, as of the time the Maximum Aggregate Amount is reached. The total amount of the incentive could not exceed the maximum agreement amount of $850,000.00.
Additionally, City staff has determined that an update to the existing Hotel Incentive Program is necessary to further pursue the originally intended goals as the City slowly recovers from the Covid-19 pandemic economic downturn that particularly impacted the travel and leisure sector.
The new ordinance re-establishes the Hotel Incentive Program to allow for additional qualifying hotels as well as extends the application expiration date to June 30, 2025.
ENVIRONMENTAL
The ordinance is not defined as a project under the California Environmental Quality Act (CEQA).
Pursuant to Section 15378 of CEQA, the creation of government funding mechanisms or other government fiscal activities do not involve any commitment to any specific project which may result in a potentially significant physical impacts on the environment. In addition, the ordinance is exempt from CEQA pursuant to Section 15061(b)(3) which states that under the general common sense rule that these types of actions can be seen with certainty to have no effect on the environment.
FINANCIAL IMPACT
The incentive is provided on a reimbursement basis to the hotel owner. The owner would receive a maximum transient occupancy-tax reimbursement of up to $850,000 over the life of the application. The remaining revenue to the City is "new" revenue and available for general City services. All rebates are related to additional inventory being constructed in the City.
ATTACHMENTS:
A. Council Bill #0-2022-03, an ordinance to establish Chapter 3.13, Hotel Incentive Program.
Council Bill #0-2022-03
ORDINANCE NO. ----
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOMA LINDA TO AMEND AND REPLACE IN ITS
ENTIRETY CHAPTER 3.13, HOTEL INCENTIVE PROGRAM,
OF THE LOMA LINDA MUNICPAL CODE.
WHEREAS, the general welfare and material well-being of the residents of the City of Loma Linda depend, in part, upon serving the existing needs of businesses, visitors, and families within the City as well as promoting tourism in the City; and WHEREAS, the operation, maintenance, and expansion of the inventory of AAA Three Diamond Hotels and equivalent qualifying hotels, including pre-approved brand hotels which meet certain additional criteria, will serve the existing needs of businesses, visitors and families within the City and enhance the economy of the City by promoting an expanded and desirable range of lodging facilities, tourism, and experiences while providing employment opportunities for the residents of the City as described in Chapter 3 .13 of Title 3 of the Loma Linda Municipal Code; and
WHEREAS, the City Council finds and determines that the implementation of the Hotel Incentive Program is a municipal affair which is (i) consistent with the City's economic goals and strategies, (ii) a matter of City-wide importance, (iii) necessary for the preservation and protection of the public health, safety and/or welfare of the community, and (iv) in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, the authority granted and the purposes to be accomplished by Chapter 3 .13 as described herein is a municipal affair for which public funds can be expended and that the operation, maintenance, and expansion of the inventory of Qualifying Hotels is of paramount importance to the City of Loma Linda, its residents, and businesses; and WHEREAS, the City Council finds and determines that the establishment of the Hotel Incentive Program, by the adoption of this Ordinance, is not subject to the California Environmental Quality Act of 1970, herein referred to as "CEQA", pursuant to Sections 15378 and 15061(b)(3) of the State of California Guidelines for Implementation of CEQA, because it will not result in a direct or reasonably foreseeable physical change in the environment and is not defined as a "project".
WHEREAS, the City Council desires to amend and replace in its entirety Chapter 3.13 of the Loma Linda Municipal Code to adopt a hotel incentive program, as described in Exhibit "A" hereto.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Enactment. Chapter 3 .13 of Title 3 to the Loma Linda Municipal Code, is amended as set forth in Exhibit "A" hereto.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
Section 3. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be processed as required by law.
Section 4. CEQA. This Ordinance is exempt from CEQA pursuant to Section 1506l(b)(3) under the general rule that CEQA does not apply to activities which can be seen with certainty to have no effect on the environment.
Section 5.
after passage.
Ordinance. This ordinance shall become effective on the thirty-first day I, Lynette Arreola, City Clerk of the City of Loma Linda, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the ___ of -----� 2022, and placed upon its second reading and adopted at a regular meeting of the City Council on the day ___ of ______ , 2022 by the vote:
Ayes:
Noes:
Absent:
Abstain:
Phill Dupper, Mayor
Attest:
Lynette Arreola, City Clerk
EXHIBIT "A"
LOMA LINDA MUNCIP AL CODE
Title 3 REVENUE AND FINANCE
Chapter 3.13 HOTEL INCENTIVE PROGRAM
3.13.000 Short Title. This Chapter shall be known as the Hotel Incentive Program A. Purpose. The purpose of this Chapter is to provide an incentive program for the operation of Hotels which, when opened for business, will qualify and operate as Qualifying Hotels, as defined herein. In the implementation of this Hotel Incentive Program, the City Council finds:
B. The general welfare and material well-being of the residents of the City of Loma Linda depend, in part, upon serving the existing needs of businesses and visitors and families utilizing medical facilities within the City as well as promoting tourism in the City.
C. The operation, maintenance, and expansion of the inventory of Qualifying Hotels in the City will serve the existing needs of businesses and visitors and families using medical facilities within the City as well as promote and enhance the economy of the City and assist the City in promoting tourism by providing attractive and desirable visitor serving facilities and experiences that will serve the needs of visitors to medical facilities and their families and contribute to the growth and expansion of tourism opportunities in the City, providing employment opportunities for the residents of the City, and raising average daily room rates for all hotels
D. It is in the best interest of the City to induce and encourage the operation of new Qualifying Hotels that, but for the Hotel Incentive Program, would not operate within the City.
E. The authority granted and the purposes to be accomplished by this Chapter is a municipal affair for which public funds can be expended and that the operation, maintenance, and expansion of the inventory of Qualifying Hotels is of paramount importance to the City of Loma Linda, its residents, and businesses.
3.13.020 Definitions. For the provisions of this Chapter, the following definitions shall apply:
A. "AAA Three Diamond Hotel(s)" means a Hotel(s) which provides physical features and operational services which meet or exceed the rating criteria established for AAA Three Diamond Hotels by the American Automobile Association and the Minimum Development Standards which are on file with the City Clerk and available at no cost. In addition to the foregoing, the Shell Costs shall be not less than Sixty Five Thousand Dollars ($65,000) per Guestroom and the Furniture, Fixtures and Equipment Costs shall be not less than Twelve Thousand Dollars ($12,000) per Guestroom based upon costs as of January 1, 2016 and subject to increases (but not decreases) per the CPI as computed on each anniversary of January 1, 2016 until the Opening. Excepting only as provided under subsection D of Section 3.13.050 hereof, AAA Three Diamond Hotel(s) does not include Hotels operating on or before June 30, 2020, nor does it include property, including both Existing Hotels and/or undeveloped land, that is/are currently the subject of an agreement with the City of Loma Linda which agreement provides a subsidy or financing mechanism for the construction and/or operation of a Hotel.
B. "AAA Three Diamond Hotel" means a AAA Three Diamond Hotel that is Pre-Approved and either Under Construction or Opened for Business during the Eligibility Phase. The term "AAA Three Diamond Hotel" does not include all, or any portion of, or addition to, an Existing Hotel.
C. "Administrative Fee" means the sum of Three Thousand Dollars ($3,000) which amount will be retained by the City, whether the Application is approved or disapproved, to defer the administrative costs of reviewing each Application and otherwise administering the Hotel Incentive Program.
D. "Applicable Transient Occupancy Tax Rate" means the lesser of current rate of Transient Occupancy Tax or fifteen percent (15%). The Applicable Transient Occupancy Tax Rate shall apply for the calculation of any and all Incentive Payments pursuant to Section 3.13.050 hereof without regard to any increases, at any time, in the rate of the Transient Occupancy Tax.
E. "Applicant" means a person or entity submitting an Application on or before June 30, 2025 pursuant to Section 3.13.040 hereof.
F. "Application" means the application submitted to the City Manager by an Applicant pursuant to Section 3.13.040 hereof, in the form prescribed by the City Manager.
G. "Approved Equivalent Qualifying Hotel" means a hotel which is designated as one of the brands enumerated in this subsection G and which additionally satisfies the other criteria enumerated within this subsection G as determined in good faith from time to time by the City Manager; in addition, such hotel must have been Pre-Approved and either Under Construction or Opened for Business during the Eligibility Phase. The brands enumerated in this subsection G are:
(a) from among Hilton brands: (i) Hampton Inn/Hampton Inn and Suites; (ii) Home2 Suites; (iii) Homewood Suites; (iv) Tru by Hilton; (v) Hilton Garden Inn; (vi) Embassy Suites; (vii) Doubletree; and (viii) Hilton; (b) from among IHG brands: (i) Holiday Inn Express; (ii) Candlewood Suites; (iii) Holiday Inn & Suites; (iv) Hotel Indigo: (v) Crowne Plaza; (vi) Even Hotels; (vii) Staybridge Suites; and (viii) Atwell Suites; ( c) from among Marriott brands: (i) Fairfield Inn & Suites; (ii) Courtyard by Marriott; (iii) Towneplace Suites; (iv) Residence Inn; (v) Element; (vi) Sheraton; (vii) Westin; (viii) Four Pointes; (ix) Marriott Hotel; (x) Springhill Suites; (xi) AC Hotel; and (xii) Aloft Hotel; and ( d) from among Hyatt brands: (i) Hyatt Place; (ii) Hyatt House; (iii) Hyatt Hotel. The other criteria under this subsection G are as follows, all as determined in good faith from time to time by the City Manager: (A) free floor space: area size and placement of appointments provide an obvious degree of spaciousness allowing increased ease of movement for guests; (B)(i) connective technology: superior internet speed and capacity available throughout the property ( e.g., multiple routers, consistent signal strength); (ii) remove guest service access through mobile device; (iii) two additional technology features ( e.g., mobile device room key, wireless charging system, advanced business computing equipment, interactive electronic reader board with local information, boarding pass kiosk, device available for electronic check-/check-out, RFID keys, mobile device check-in); (C)(i) elevator service: multiple elevators, including decorative appointments, with one elevator having dedicated staff access; (ii) elevator landings including multiple accent features (e.g., chair/sofa, table, lamps/wall sconce, phone, artwork, mirror, flowers/plants); (D) exercise facilities: (i) designated room on campus or off site health club within one (1) mile with free access to guests; (ii) water cooler, towels, clock, sanitizer; (iii) additional personal training options (e.g., free weights, benches, floor mats, physio balls, toning bars/rollers); (iv) special high impact flooring; (v) multiple televisions or individual televisions for each piece of cardio equipment; (vi) two or more additional amenities (e.g., infused water, bottled water, chilled towels, aromatherapy scents, ear buds, fresh fruit); (E) food and beverage outlets: (i) restaurant or breakfast area: standard continental breakfast with a minimum of juice, pastry, and hot beverage and grab-and-go option available or expanded breakfast including multiple hot items (e.g., waffles/pancakes, eggs, breakfast meats); (ii) lounge or bar area and outdoor/patio seating available; (iii) television; (F) meeting rooms: ample variety of meeting rooms on site or on immediately adjacent properties with access for guests (e.g., ballroom, boardroom, theater, and/or meeting rooms of various sizes adequate for business meetings); (G) restrooms: multiple restrooms in convenient location(s); (H) sundries and shops: dedicated sundry area or conventional gift shop on site or on immediately adjacent property with access to guests offering a moderate variety of merchandise (e.g., health and beauty items, food, beverage, basic technology accessories, and reading materials); (I) concierge services: staff available to assist guests with reservations at local restaurants, coordinate ticket or entertainment reservations, coordinate transportation needs for guests; (J) swimming pool: pool on site or on immediately adjacent property with access to guests with (i) a variety of comfortable, coordinated pool furniture, and (ii) at least one additional feature ( e.g., hot tub, whirlpool spa, steam room, sauna, fountain, waterfall, zero-entry, infinity edge, children's splash pad, kiddie pool, water slide); (K) guest room seating layout: (i) seating for two guests; (ii) enhanced desk chair ( ergonomic or coordinated with decor); (iii) chair positioned for television viewing; (iv) additional multifunctional seating option; (L) guest room closet space:
(i) hand space for clothing, fully enclosed area or quality freestanding armoire adequate to enclose full-length apparel; (ii) matching, open-hook, wood/sculptured plastic hangers (heavy gauge with metal hook) and some hangers having skirt or pant hanging attachments, with supply ample for two guests; and (iii) one additional feature (e.g., illumination, drawers, shoe rack, walk-in capability, two or more shelves, upgraded luggage racks/designer style benches); (M) television: (i) equal to or greater than 40-inch flat panel; (ii) channel directory; (iii) cords hidden from view; (iv) all-in-one multimedia hub; (v) two or more additional features (e.g., high-definition channels, free/pay movie channels, digital art/property information, mood effects, multiple viewing angles, acoustic board, smart TV functionality, streaming capability, surround sound); (N) work space/writing surface: (i) large-size desk, task table or alternative writing surface; and (ii) multiple electrical outlets with USB ports at desktop; (0) ventilation: digital thermostat control on wall; (P) bathrooms: (i) one piece of decorative artwork or other decorative appointment; (ii) if vanity is separate from toilet area, it will be positioned in restricted view from the rest of the guest room; (iii) illuminated shower; (iv) illumination in multiple locations; (v) mirror to be decoratively framed/designed (e.g., floating, illuminated); (vi) personal care:
multi-piece personal care package including two large-size bars of soap and two bottled items; (vii) double shower curtain or glass door with aluminum frame or door-less design; (viii) shower features: one custom water feature (e.g., body jets, hand-held sprayer, multiple showerheads, oversize ceiling rain shower, panels systems, steam shower rain showerhead, oversize wall-mounted showerhead, massage feature); (ix) tub to be standard size (5 ft. length x 2.5 ft. width) or larger.
H. "Brand" means the distinctive name of a Hotel that, by virtue of its distinctive name, is identified by specific physical and operational features so that guests are assured that they will receive a specified level of service and amenities wherever the property is located.
I. "City Manager" means the City Manager of the City of Loma Linda or his/her designee.
J. "CPI" means the Consumer Price Index-Urban for the Los Angeles-Orange-Riverside County Average, Subgroup "All Items," (1982-1984 = 100) as established by the Bureau of Labor Statistics of the U.S. Department of Labor.
K. "Deposit" means One Hundred Dollars ($100.00) per Guestroom which Deposit shall be (i) returned to the Applicant, if the Application is rejected, (ii) retained by the City in the event that the Application is terminated pursuant to subsection D of Section 3.13.040, or (iii) refunded within thirty (30) days after a Pre-Approved Qualifying Hotel Opens for Business. The City shall have no obligation to earn interest or apply interest or earnings with respect to the Deposit.
L. "Eligibility Phase" means the period commencing on the effective date of this Chapter and terminating (with respect to the receipt of applications) on the earlier to occur of (i) June 30, 2025, or (ii) the date on which there are a total of Seven Hundred (700) Guestrooms comprised of Guestrooms of New Qualifying Hotels which have been Pre-Approved and have Opened for Business.
M. "Existing Hotel" means a building that was constructed, occupied, and used as a Hotel on or before June 30, 2020.
N. "Financing" refers to the combination of debt and equity sufficient to construct and operate a Qualifying Hotel for which an Application has been filed with the City Manager.
0. "Flag" means the entity whose Brand is used to identify the Hotel.
P. "Furniture, Fixtures and Equipment" means movable furniture, fixtures or other equipment that have no permanent connection to the structure of a building or utilities within the Hotel, as well as operational supplies. More specifically, furniture, fixtures and/or equipment would include decorative items, wall coverings, flooring treatment, window treatments, casework, furnishings & accessories, furniture, data communications equipment, voice communications equipment, audio visual communications equipment, electronic surveillance equipment, electronic detection and alarm equipment, commercial equipment, foodservice equipment, entertainment equipment, athletic & recreational equipment, collection and disposal equipment. Operational supplies include all supplies needed for the operation of the hotel, such as stationery, computer equipment and accessories, guestroom TV's and mounts, alarm clocks in rooms, linen, pillows, maids' carts and supplies, trash cans, all items for the hotel restaurant, bar, banquet and conference facilities (including china, utensils, glasses, etc.). Furniture, Fixtures and Equipment shall also include, for purposes of "Furniture, Fixtures and Equipment Costs," taxes, freight, warehouse expense, installation fees and purchasing agent fees. Furniture, Fixtures and Equipment Costs shall be adjusted annually on January 1 of each year to reflect changes in CPI.
Q. "Furniture, Fixtures and Equipment Costs" means the actual and direct third party costs of all Furniture, Fixtures and Equipment. Furniture, Fixtures and Equipment Costs shall be adjusted annually on January 1 of each year to reflect changes in the CPI.
R. "Guestroom(s)" means a room or suite within a Hotel intended for Transient Occupancy by guests for compensation.
S. "Hotel" means any building which includes all of the following: (i) ninety (90) or more Guestrooms; (ii) at the premises, or under agreement with a hotel within one thousand (1,000) feet of a different building that is under common ownership with the Hotel, at least two thousand five hundred (2,500) square feet of meeting room and pre function space.
T. "Hotel Incentive Program" means the program set forth in this ordinance to encourage the operation of Qualifying Hotels.
U. "Hotel Operator" means franchisee, manager, lessee, or licensee with whom an Owner has a contract to operate the Qualifying Hotel pursuant to a franchise, management, lease, or license arrangement.
V. "Incentive Payments" are the payments made by the City to the Owner pursuant to Section 3.13.050 hereof.
W. "Initial Milestone" means the date which is the earlier to occur of (i) twelve (12) months following the date of approval of the Application or (ii) June 30, 2023.
X. "Maximum Aggregate Amount" means Eight Hundred Fifty Thousand Dollars ($850,000.00). No interest accrues on the Maximum Aggregate Amount.
Y. "New Qualifying Hotel" means a Qualifying Hotel(s) that was not operating in the City as of June 30, 2020.
Z. "Open(s)(ing)(ed) for Business" or "Opening" means the day on which a Pre-Approved Qualifying Hotel opens for business to the general public.
AA. "Operating Covenants" means the covenants described in Section 3.13.060 of this Chapter.
BB. "Owner" means the person or entity who is the owner of a Hotel or a site upon which a Hotel is to be constructed, whether in the capacity of fee simple owner, lessee, sub-lessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such Owner.
CC. "Ownership" means fee simple, lease, license, franchise or other interest in property or a contract to purchase any such interest, which would entitle the Owner to construct a New Qualifying Hotel.
DD. "Pre-Approved" or "Pre-Approved Qualifying Hotel" means a Qualifying Hotel whose Application has been approved by the City Manager pursuant to Section 3.13.040 hereof:
EE. "Qualifying Hotel" means a hotel which is (i) a New AAA Three Diamond Hotel or (ii) an Approved Equivalent Qualifying Hotel as determined in good faith by the City Manager.
FF. "Shell Cost" means actual and direct third party costs of all materials, labor and equipment associated with the construction of the Hotel. Site costs, parking costs, furniture, Fixtures and Equipment Costs, architectural engineering, permits and fees, legal, accounting, taxes, sale or lease commissions, marketing expenses, initial operating capital and other indirect costs, as well as the developer overhead are excluded from Shell Costs. Shell Costs shall be adjusted annually on January 1 of each year to reflect changes in the CPL
GG. "Site Control" means Ownership of a site on which a Qualifying Hotel is proposed.
HH. "Transient Occupancy" means an uninterrupted stay of no more than twenty-eight consecutive calendar days.
II. "Transient Occupancy Tax" means the transient occupancy tax levied and collected pursuant to Chapter 3.12 of Title 3 of the Loma Linda Municipal Code, as it may be amended from time to time and held in the City's general fund for unrestricted use. Chapter 3 .12 of the Loma Linda Municipal Code, as it may be amended from time to time, is referred to therein and herein as the "Transient Occupancy Tax Code;" provided, that, in no event, shall an amendment of the Transient Occupancy Tax Code after the date of this Agreement result in an increase in the Applicable Transient Occupancy Tax Rate.
JJ. "Under Construction" means that all necessary discretionary entitlements have been approved by the City of Loma Linda, grading and building permits have been issued, and that inspection approvals by the City of Loma Linda of grading and foundations to grade level have been obtained, vertical construction of Guestrooms has begun, and, if so requested by the City Manager, the Operating Covenants have been recorded.
3.13.040 Eligibility for Hotel Incentive Program.
A. Application Process. To become eligible for the Hotel Incentive Program as a Qualifying Hotel, application must be made before the end of the Eligibility Phase and the Owner shall:
1. Complete and submit to the City Manager, the Application for the Hotel Incentive Program, which shall contain, at a minimum:
a) Evidence of site control.
b) Description of development team, including, the development entity, the architect(s), interior designer, landscape architect, and other professional disciplines related to the construction and operation of the Hotel as a Qualifying Hotel (including requirements as a AAA Three Diamond Hotel, if applicable) for the purposes of confirming that the Hotel will be a Qualifying Hotel and, if applicable, a AAA Three Diamond Hotel when Opened for Business.
c) The operating plan for the Qualifying Hotel which sets forth with reasonable particularity the operational characteristics of the hotel focusing on those matters which are intended to result in the Hotel being rated as a Qualifying Hotel and, if applicable, a AAA Three Diamond Hotel under this Ordinance. d) Conceptual design of the Hotel for the purpose of confirming that the Hotel will be a Qualifying Hotel and, if applicable, a AAA Three Diamond Hotel, when Opened for Business.
e) Timeline for the commencement of operation.
f) Third party certification as to Shell Costs and Furniture, Fixtures and Equipment Costs.
g) Evidence of Three Million Five Hundred Thousand Dollars ($3,500,000) cash or its equivalent or more equity capital in the developer entity. h) References from financial institutions
i) Independent, third-party certification, acceptable to the City, that the proposed Hotel will be a Qualifying Hotel and third party certification acceptable to City, or the determination in good faith by the City Manager, that the proposed hotel will be a Qualifying Hotel; provided that with respect to AAA Three Diamond Hotels, the designation by AAA of AAA Three Diamond Hotels shall be deemed dispositive;
2. If request therefor is made by the City Manager, execute Operating Covenants which shall include provisions regarding continuing use, maintenance, indemnification regarding prevailing wage, and such other provisions as the City Manager, in his/her sole discretion, may reasonably determine are necessary or appropriate to preserve the goals and intent of this chapter.
3. Pay the Administrative Fee and the Deposit.
B. Consideration of the Application by the City Manager. The City Manager shall approve or disapprove Applications based on the above within sixty (60) days after a complete submittal.
C. Treatment of the Administrative Fee and the Deposit. If the Application is rejected, the City shall retain the Administrative Fee and return the Deposit to the Applicant. If the Application is approved, the City shall retain the Administrative Fee and Deposit. The Deposit shall be refunded within thirty (30) days after the Qualifying Hotel Opens for Business or retained by the City if the Application is terminated pursuant to subsection D below.
D. Termination of Approved Application. An approved Application shall be automatically terminated without further notice and the Deposit shall be retained by the City unless on or before the Initial Milestone, Owner provides the City with written evidence, acceptable to the City Manager acting in his/her sole and absolute discretion, that a Brand and/or Flag, Hotel Operator, and commitment to provide Financing for the Qualifying Hotel is likely. The Application shall also terminate and the Deposit retained by the City if, at any time prior to Opening for Business, any material factual representation(s) made in the Application by the Owner was not true when made or has become not true, as determined by the City Manager acting in his/her reasonable discretion.
E. Effect of Termination of Pre-Approved Qualifying Hotel. If and to the extent an Application for a Hotel that was Pre-Approved as a Qualifying Hotel(s) is terminated pursuant to subsection D of this Section 3 .13. 040 prior to Opening, the next Application in order of submittal shall be considered by the City Manager for Pre-Approval as a Qualifying Hotel.
F. Vesting of Pre-Approved Qualifying Hotel. The right of an Owner to receive Incentive Payments shall vest upon Pre-Approval subject only to voluntary withdrawal of an Application by the Owner or termination pursuant to subsection D of this Section 3 .13. 040.
3.13.050 Incentive Payments.
A. Confirmation of the fulfillment of the Requirements of Subsection A. of Section 3 .13 .020. Upon completion of a Hotel for which an Application has been approved pursuant to Section 3.13.040, the Applicant shall provide the City with written certification (which in the case of approval by the American Automobile Association that a Hotel has been awarded AAA Three Diamond status, evidence of such approval) that the requirements in subsection A of Section 3 .13 .020 have been met. If the Hotel is asserted to be a Qualifying Hotel that has not received AAA Three Diamond status, the certification shall, upon request therefor by the City Manager, include written materials that reasonably substantiate the other criteria for a Qualifying Hotel. The City Manager shall approve or reject the results of such submittal(s) acting in his/her reasonable discretion.
B. Qualifying Hotel. The City shall pay Incentive Payments to an Owner of a Qualifying Hotel in an amount equal to fifty percent (50%) of the Transient Occupancy Tax collected and remitted to the City based on the Applicable Transient Occupancy Tax Rate with respect to such Qualifying Hotel pursuant to Chapter 3.12 of this Code; provided that in no event shall Incentive Payments, as aggregated, exceed the Maximum Aggregate Amount. Such Incentive Payments shall be calculated and made for the ten (10) year annual period commencing on the Opening and terminating on the tenth (10th) anniversary date of the Opening or, if earlier, as of the time the Maximum Aggregate Amount is reached.
C. Termination of Incentive Payments. Incentive Payments under this Section 3 .13. 050 shall terminate upon the expiration of the terms described above or at such time as the Hotel ceases to operate as a Qualifying Hotel for reasons other than temporary closure due to repair, casualty loss, or maintenance issues or, if sooner, as of the time the Maximum Aggregate Amount has been reached.
D. Payments under Ordinance No. 733. With respect to any Qualifying Hotel or AAA Three Diamond Hotel that was developed and opened within the City having qualified as a AAA Three Diamond Hotel prior to June 30, 2020 under Ordinance No. 733 (the "Original Ordinance"), requirements relative to operation and provisions relative to incentive payments shall continue to be applied under the Original Ordinance.
3.13.060 Operating Covenants.
Each Owner eligible to participate in the Hotel Incentive Program shall, upon receipt of request therefor by the City Manager, execute the Operating Covenants which shall be recorded with the County of San Bernardino Recorder's office. A form of the Operating Covenants is on file with the City Clerk.
3.13.070 General Fund Revenues.
All Transient Occupancy Tax Revenues remitted to the City with respect to a Qualifying Hotel shall be deemed general fund revenues of the City and shall be deposited in the City's general fund.
3.13.080 Administrative Rules and Regulations.
Consistent with the intent and goals of this chapter, the City Manager shall adopt administrative rules and regulations for implementation and furtherance of the requirements of this Chapter including, without limitation, the form of the Application, the form of the Operating Covenant and the manner of compliance with Government Code Section 53083.
3.13.090 Annual Administrative Review.
The City Manager shall cause a review of the Hotel Incentive Program each year and if amendment or termination is warranted present a proposed amendment to this Chapter to the City Council for its consideration.
3.13.100 Term
The provisions of this Chapter shall be suspended as of the last day of the Eligibility Phase.
City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: September 13, 2022
TO: City Council
SUBJECT: Demands Register
RECOMMENDATION
It is recommended that the City Council approve the attached list of demands for payment.
Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 3
City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: September 13, 2022
TO: City Council
SUBJECT: Minutes of June 14, 2022
RECOMMENDATION
It is recommended that the City Council approve the minutes of June 14, 2022.
Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 4
City of Loma Linda
City Council Minutes
Regular Meeting of June 14, 2022
A regular meeting of the City Council was called to order by Mayor Dupper at 5:30 p.m. Tuesday, June 14, 2022.
The City Attorney immediately recessed into closed session to discuss items as listed and reconvened at 7:08 p.m.
Councilmen Present: Mayor Phill Dupper
Mayor pro tempore Ron Dailey
Bhavin Jindal
John Lenart
Councilman Absent: Rhodes Rigsby
Others Present: City Manager T. Jarb Thaipejr
City Attorney Diane Robbins
CC-2022-44 - Closed Session
Significant exposure to litigation pursuant to Government Code 54956.9(d)(2) Public Employee Performance Evaluation
Title: City Manager
[Government Code Section 54957(b)(1)]
City Attorney Robbins announced that City Council met at closed session on the two items indicated on the agenda and direction was given to staff on both items.
The Pledge of Allegiance and invocation were led by Mayor Dupper.
Items To Be Added Or Deleted
City Manager requested to remove Agenda Items No. 3, Public Hearing - Council Bill #R-2022-26 – Adopt a Resolution to approve the Annual Report and Assessments for Landscape Maintenance District No. 1 for fiscal year 2022-2023; and No. 4, Public Hearing – Council Bill #R-2022-27 - Adopt a Resolution to approve the Annual Report and Assessments for Street Light Benefit Assessment District for fiscal year 2022-2023 from the Agenda.
Oral Reports/Public Participation - Non-Agenda Items (Limited to 30 minutes; 3 minutes allotted for each speaker)
No one spoke upon invitation by the Mayor.
Scheduled and Related Items
CC-2022-45 – Public Hearing - Council Bill #O-2022-02 (Introduce on first reading, set second reading for June 28, 2022) Amend the Loma Linda Municipal Code Chapter 8.12, Refuse Collection, Recycling and Disposal, to include Mandatory Residential Organic Waste Recycling as required by Senate Bill 1383 [Public Works] Lynn Merrill, City Consultant, presented the report into evidence, stating that the State determined that the collection of organic waste is an important element in relation to climate mitigation. In 2016, the State passed Minutes of June 14, 2022
Senate Bill (SB) 1383, Short Lived Climate Pollutant Act, that developed regulations to reduce organics in the landfills and mandated agencies to adopt an organic recycling ordinance by January 1, 2022. SB 1383 establishes a target to reduce statewide disposal of organics by 50% by 2020; 75% by 2025; and a target not less than 20% of currently disposed edible food is recovered for human consumption by 2025. He pointed out that City Council established and adopted residential and business organic recycling rate fees. The approval of the City’s amended ordinance, Chapter 8.12, of the Municipal Code, would complete this requirement of the program. The ordinance will help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their edible food that would otherwise be disposed be recovered for human consumption.
He highlighted new sections to the amended ordinance:
requirements for single-family generators; commercial businesses; commercial edible food generators; food recovery organizations and services; and haulers, facility operators and community composting operations;
integrated new terms, such as Commercial Edible Food Generator, Excluded Waste, Food Recovery Service, and Prohibited Container Contaminants;
established a two-tiered system for commercial edible food generators based on type of food service provider, food distributor, restaurants, hotels with on-site food facilities and venues to name a few; added sections that include Compliance with CALGreen Recycling, Model Water Efficient Landscape, and procurement requirements; and
solid enforcement mechanisms.
He commended CR&R for their Anaerobic Digestion system in Perris. He noted that the City is in a good position where its waste will be handled appropriately under SB1383.
Milford Harrison commended CR&R for its investment in the advanced organic processing technology system known as Anaerobic Digestion. He noted that while other organic facilities are being built, they will only be accepting green waste as he understands; whereas, the Anaerobic Digestion facility in Perris will accept green waste, food waste, and food liquids.
Belen Cordero, Sustainability Coordinator for CR&R, explained that she visits businesses owners and educates them on recycling and organic waste recycling and the State requirements to comply. If they do not comply, she informs City staff. A notice is issued by Code Enforcement with her contact information on the notice. The businesses will, in turn, contact her to set up a recycling program account. She stated that for the most part, businesses comply and have not had to do enforcement through fines. She pointed out that this process has been effective. She would apply this same process for the residential sector.
Mr. Merrill commented that residents of Loma Linda embrace these environmental programs.
Mayor Dupper concurred that Loma Linda residents are responsible and conscientious about the environment, but said the challenge is the cost to residents to implement these programs.
Councilman Jindal inquired about the compost and mulch requirements under the Water Efficient Landscaping Ordinance and how compliance will be measure and enforced. Mr. Merrill stated that it would be at the discretion of the city.
Mayor pro tempore Dailey understand the intent of this Senate Bill, but the requirements is somewhat difficult to comprehend. He is concerned how to communicate this new mandate to constituents.
Ms. Cordero explained that the City mailed out public education postcards regarding SB1383; that CR&R replaced the 3 refuse carts for all residential properties; that the cart colors are consistent with the State requirements; that the carts are properly marked as to what goes in what cart with organics being one of the carts; and that she and city staff, Ms. Loeffert, will attend community events, set up booths at City Hall, Stater Bros, Minutes of June 14, 2022
HOA’s and at other business locations providing public education. She said it will eventually become habit. She noted that she freezes her food waste in a bag until trash day. She removes it from the bag and mixes it with her green waste.
Mr. Harrison stated that there are significate advantages with the city’s organic waste going to the Anaerobic Digestion facility: 1) producing clean renewable natural gas from their waste; and 2) the City will spend less money on State’s procurement requirements; and 3) preventing methane at the landfills.
Motion by Jindal, seconded by Lenart, to approve the first reading of Council Bill #O-2022-02 to amend the Loma Linda Municipal Code Chapter 8.12, Refuse Collection, Recycling and Disposal, to include mandatory residential organic waste recycling as required by Senate Bill 1383, and set the second reading to June 28, 2022, the Acting City Clerk called roll and item was approved unanimously. Rigsby absent.
CC-2022-46 - Public Hearing – Adopt the following Resolutions pertaining to the Development Impact Fee Calculation Update and Nexus Report: a) Council Bill #R-2022-28–Adopt a Resolution to Approve the Master Facilities Plan and Development Impact Fee Calculation Update and Nexus Report that establishes updated impact fees for development within Loma Linda; b) Council Bill #R-2022-30 – Adopt an Urgency Resolution to establish the updated Development Impact Fees immediately upon its approval City Manager Thaipejr presented the item into evidence, stating every five years, the City must update the Development Impact fees. However, due to Covid, the last update was seven years ago. He introduced Scott Thorpe who has worked with the City many years on the Development Impact Fees.
Scott Thorpe reviewed and explained the impact fees, stating that this was only an update. He noted that there are no new fees or new land uses. He discussed projects that were identified and increased by the engineering news record building cost index, the engineering news record cost construction index, or the CPI for vehicles and equipment and that the land use database was updated. Discussion ensued.
The Mayor opened and closed the public hearing.
Motion by Lenart, seconded by Jindal, to adopt Council Bill R-2022-28, a resolution to establish the updated development impact fees applicable to new development within Loma Linda, based on the attached “Development Impact Fee Calculation Update and Nexus Report” pursuant to Municipal Code Chapter 3.30; and RESOLUTION NO. 3147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,
CALIFORNIA, ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION UPDATE
AND NEXUS REPORT AND ESTABLISHING THE UPDATED DEVELOPMENT IMPACT
FEES FOR DEVELOPMENT WITHIN LOMA LINDA
to adopt Council Bill #R-2022-30, an urgency resolution to establish the updated development impact fees immediately upon its approval. It shall become effective immediately and for 30 days unless extended by the City Council for an additional 30 days; the Acting City Clerk called roll and item was approved unanimously. Rigsby absent.
RESOLUTION NO. 3148
AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,
CALIFORNIA, ADOPTING THE DEVELOPMENT IMPACT FEE CALCULATION UPDATE Minutes of June 14, 2022
AND NEXUS REPORT AND ESTABLISHING THE UPDATED DEVELOPMENT IMPACT
FEES FOR DEVELOPMENT WITHIN LOMA LINDA
CC-2022-47 - Consent Calendar
Mayor pro tempore Dailey pulled agenda item 14 for questions; and Councilman Jindal pulled item agenda item 9b for questions.
In regard to the animal shelter contract with City of San Bernardino, Councilman Jindal asked if it would be a significant cost to do the work internally. Chief Harker explained that the contract agreement with City of San Bernardino is just to provide a shelter facility for animals picked up by Loma Linda. To build a shelter facility in Loma Linda would be a significant cost to construct and to staff. Contracting with the City of San Bernardino for shelter services is more affordable. He went on to explain that the contract rate with City of had gone up significantly that the City went back to City of San Bernardino for its animal shelter services. He pointed out that the facility in San Bernardino is privately owned and does not euthanize animals.
In regards to item 14, Mayor pro tempore Dailey inquired that the appropriation was to supplement what was already in the budgeted. City Manager Thaipejr confirmed that was correct.
Motion by Dailey, seconded by Jindal to approve the Consent Calendar as submitted; the Acting City Clerk called the roll and the Consent Calendar was approved unanimously.
Rigsby absent
The demands register dated:
June 14, 2022, with commercial demands totaling $2,347,772.84 and payroll demands dated May 26, 2022 in the amount of $349,285.58 and June 9, 2022, of $375,835.07; The minutes of May 10, 2022, as presented;
The May 2022 Treasurer’s Report for filing;
The May 2022 Fire Department Report for filing;
Awarded the contract to Techstrada, LLC, in the amount of $54,000.00, for a one-year agreement contract for Managed Security Service Provider/Managed Detection and Response Practitioner for FY 2022-23; Awarded the agreement contract to City of San Bernardino Animal Services Department per the scope of services for animal shelter service for FY 2022-23;
Awarded the agreement contract to Atlas Planning Solutions in the amount of $41,530.00 to update the City’s Emergency Operations Plan for FY 2022-23;
Awarded the agreement contract to Phoenix Group Information Systems $15,500.00 for the one time set up fee for database development and monthly database fee of $695.00 to provide the City an online animal licensing database and web portal for FY 2022-23;
Awarded the service contract to St. Francis Electric in the amount of $17,400.00 for traffic signal maintenance as well as repairs and maintenance services per the scope of services from July 1, 2022 to June 30, 2023; Awarded the service contract to Lloyd Pest Control in the amount of $18,000, annually, for gopher prevention services at city parks and City Hall from July 1, 2022 to June 30, 2025; Minutes of June 14, 2022
Awarded the service contract to Loma Linda Heat and Air in the amount of $15,362.16, annually, for heating, ventilation and air conditioning services for city buildings from June 1, 2022 to June 30, 2024; Approved an amendment to the Site Lease Agreement CA45938 with SBA 2012 TC Assets, LLC for the cell tower site at 26000 Barton Road (City Corporation Yard) per the terms of the agreement; Approved an appropriation of $139,900.00 from SB1 Fund Balance into expenditure project account number 1077300-58500 for unforeseen costs on the Pavement Rehabilitation and Waterline project (CIP 21-102) and authorize expedited issuance of payment of $139,849.89 to the contractor; Approved the Waste Delivery Agreement Fee Adjustment with the County of San Bernardino; Adopted Council Bill #R-2022-31 to modify wages, hours, and other terms and conditions of employment for the members of Fire Management and the Unrepresented Employees:
RESOLUTION NO. 3149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA
AMENDING THE CITYWIDE SALARY SCHEDULE IN ACCORDANCE WITH ,THE REQUIREMENTS OF CALIFORNIA CODE OF REGULATIONS OF
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5; Approved supplemental appropriations of $298,800.00 from General Fund – Fund Balance into PersonnelSalaries accounts in Community Development ($223,400.00) and Parks ($75,400.00) departments; and $79,500.00 from the Water Fund Balance to Water Production Personnel-Salaries account for Fiscal Year 2022-2023 to fill the positions of Community Development Director, Field Maintenance Technician and Utilities Maintenance Technician.
Old Business
CC-2022-48 - Community Benefitting Improvements (CBI), Specific Plan Reimbursements and Reimbursement of certain legal expenses associated with the Groves at Loma Linda Specific Plan City Manager Thaipejr presented the item into evidence explaining after the Redevelopment Agency dissolved in 2012, the Groves at Loma Linda Specific Plan (entitled the property) was approved in 2018; in September 2020, City Council approved the purchase and sales Agreement for 70.83 acres between the City and Highpointe Groves, LLC in September 2020; and approved the exclusive negotiation agreement between the City and Highpointe Groves, LLC in December 2020. Part of the agreement was the Community Benefitting Improvements (CBI) that included:
10,000 sf community center, estimated cost of $3.95 million to develop; 2,500 SF two-bay fully equipped fire station with one fire engine (pumper), estimated cost of $2.975 million to develop;
A public park with a dry creek feature having an estimated cost of $6.09 million to develop; Oak woodland preserve park to be developed with an estimated cost of $733,000; Highpointe is also responsible for the Specific Plan reimbursement of $400,000. The settlement agreement of $85,612 will be credited towards this required payment; and Add the historical Frink Adobe house project as another CBI. The project would involve: Reroof and structural reinforcement - $87,920; additional lot contribution - $261,308; and arborist/tree replacement - $20,135
In conclusion, he noted the City is recommending City Council authorize implementation of:
(a) the $13.8 million Community Benefitting Improvements program applicable to the Groves at Loma Linda Minutes of June 14, 2022
Specific Plan, inclusive of: i) adding the historic Frink House project to the list of Community Benefitting Improvements; ii) otherwise managing the scope and budgets of and between each component part of the Community Benefitting Improvements to maximize benefits to the City; and (b) seek reimbursement of $400,000 representing a portion of costs incurred in connection with the preparation and adoption of the Groves at Loma Linda Specific Plan.
Discussion ensued pertaining to the addition of the Frink Adobe House to the Community Benefitting Improvements.
City Manager Thaipejr explained that there is an interest from Two Canyon Conservancy, a non-profit corporation, to take over the Frink Adobe house and make the improvements if Highpointe turns the property over to them. He believed Two Canyon Conservancy would do a good job at maintaining the property. He noted there had been discussion for that property to be a public education facility for the public and school children.
Mayor Dupper understands the historical significance of the Frink Adobe House; however, he believed the City should hold Highpointe to the original agreement. He understood the developer had been asking to renegotiate the contract. He expressed concerned that this could potentially have an effect on the master plan of the project and give opportunity for the developer to negotiate more. He believed they have a fiduciary responsibility to ensure the area is developed in the best way possible and to also consider the economic development benefit that will attract businesses. He doesn’t believe this would be the best fit for the surrounding development. He is also concerned that if the Two Canyon Conservancy cannot afford to make all the recommended repairs, it will be an eye sore.
City Manager Thaipejr noted that the City does not own the property nor the Frink Adobe House, but the City has financial assisted in maintaining and repairing the property for several years.
Councilman Jindal asked why the Frink Adobe House was placed before the Woodland Preserve Park in the CBI priority list. He stated that he is a proponent of preserving history; however expressed concern the Woodland Preserve Park will not get fully developed due to lack of funds or that this is a plan to build something less expensive. He wanted to know what the economic benefits will be of the Frink Adobe House and the Woodland Preserve Park.
Senior Planner Matarrita stated that adding the Frink Adobe House to the CBI was a recommendation from the Historic Commission after discussions with the City and the applicant. They have no data to identify the economic benefits of the two projects.
Mayor pro tempore Dailey concurred with comments and concerns discussed. He was surprised pertinent people of the project and Historic Commission were not present
Dick Wiley stated that he is on the Historic Commission and wasn’t aware of this item until he read his packet earlier. He noted that the Frinks were involved with gold transportation from Arizona to Sacramento, California; that this was part of that route; that the canyon where the school house is, that is Frink property; and that they would like the house to be an educational place. He noted there had been much discussion with the Historic Commission and City of concepts and plans for a historic district area, but none of it had been done. He hoped Council would see the historic value of town and what it may be losing.
City Attorney Robbins noted that Attorney Mark Huebsch spent significant time assisting the City in extensive negotiations with Highpointe and discussions over the CBI. She recommended continuing the item. She, Mark Huebsch and city staff can work together to address comments expressed.
It was the consensus of the City Council to continue the item to June 28, 2022.
New Business - None
Minutes of June 14, 2022
Reports of Councilmen
Mayor pro tempore Dailey pointed out concerns he has received from the community pertaining to the current drought situation and water issues. He asked if they can get a report from the San Bernardino Groundwater Council.
Milford Harrison, San Bernardino Municipal Valley Water District Board member, stated that the region has over 7 million acre feet of water in storage, making this region the water riches area in the state; however, there is always the need to conserve. He said he would invite Robert Tencher to make a presentation to the Council.
City Manager Thaipejr stated that he would coordinate scheduling presentation in the next month.
Reports Of Officers
The meeting adjourned at 8:58pm to the meeting of June 28, 2022.
Approved at the meeting of September 13, 2022.
City Clerk
City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: September 13, 2022
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: July 2022 Treasurer’s Report
RECOMMENDATION
It is recommended that the City Council receive the report for filing.
Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 5
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 4,054,330.80 Outstanding Checks as of month-end (1,921,332.62)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 2,132,998.18 $ BANK OF AMERICA - PAYROLL $ 6,337.34
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 203,614.34 Outstanding Checks as of month-end (3,640.09)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE $ 199,974.25 SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 206,474.25 Outstanding Checks as of month-end (105.00)
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE $ 206,369.25 DEMAND DEPOSIT ACCOUNTS - TOTAL $ 2,545,679.02
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 1.090% $ 46,899,888.38
CITY - Former RDA Bond Proceeds 1.090% 1,191,504.79
CITY -Total 48,091,393.17
SUCCESSOR RDA 1.090% 188,118.46
HOUSING AUTHORITY 1.090% 1,059,692.59
INVESTMENTS TOTALS $ 49,339,204.22
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 51,886,733.24
PREVIOUS MONTH 54,240,090.31
.
CHANGE +/(-) $ (2,353,357.07)
All investments are in accordance with the City Investment Policy, and as such, sufficient funds are available to meet the cash flow requirements of Loma Linda, including the next thirty days' obligations. City and Agency funds are pooled.
Treasurer
July 2022
CITY OF LOMA LINDA
COMPOSITION OF CASH
INVESTMENTS
-
10,000,000.00 20,000,000.00 30,000,000.00 40,000,000.00 50,000,000.00 60,000,000.00 7/21 8/21 9/21 10/21 11/21 12/21 1/22 2/22 3/22 4/22 5/22 6/22 7/22
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 7/21-7/22
CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: September 13, 2022
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: August 2022 Treasurer’s Report
RECOMMENDATION
It is recommended that the City Council receive the report for filing.
Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 4
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 3,983,783.91 Outstanding Checks as of month-end (680,945.24)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 3,302,838.67 $ BANK OF AMERICA - PAYROLL $ 6,337.34
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 232,532.66 Outstanding Checks as of month-end (1,605.37)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE $ 230,927.29 SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 206,316.75 Outstanding Checks as of month-end (10,730.00)
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE $ 195,586.75 DEMAND DEPOSIT ACCOUNTS - TOTAL $ 3,735,690.05
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 1.090% * 46,897,623.25 $
CITY - Former RDA Bond Proceeds 1.090% * 1,193,769.92
CITY -Total 48,091,393.17
SUCCESSOR RDA 1.090% * 188,118.46
HOUSING AUTHORITY 1.090% * 1,059,692.59
INVESTMENTS TOTALS $ 49,339,204.22
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 53,076,744.27
PREVIOUS MONTH 2,545,679.02
.
CHANGE +/(-) $ 50,531,065.25
All investments are in accordance with the City Investment Policy, and as such, sufficient funds are available to meet the cash flow requirements of Loma Linda, including the next thirty days' obligations. City and Agency funds are pooled.
Treasurer
*Laif Yield rate listed is for the month of July 2022. The August 2022 yield rate was unavailable as of the report date.
August 2022
CITY OF LOMA LINDA
COMPOSITION OF CASH
INVESTMENTS
-
10,000,000.00 20,000,000.00 30,000,000.00 40,000,000.00 50,000,000.00 60,000,000.00 8/21 9/21 10/21 11/21 12/21 1/22 2/22 3/22 4/22 5/22 6/22 7/22 8/22
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 8/21-8/22
CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Official Report
COUNCIL AGENDA: September 13, 2022
TO: City Council
VIA: T. Jarb Thaipejr, City Manager
FROM: Dan Harker, Fire Chief
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date -------
SUBJECT: August 2022 Fire Department Activity Report
Operations Division:
The Fire Department's Operations Division responded to 467 incidents in July August 2022. Of the 467 incidents, 37 calls were given in Mutual/Automatic Aid. The alarm types are broken down as follows:
Fire & Rescue Month .·
•· .. YJD '
Medical Aid (MA) 300 64.2% 2104 56.6%
Traffic Collision (TC) 9 1.9% 80 2.2%
MA+TC 309 66.2% 2184 58.8%
Hazardous Conditions 1 0.2% 17 0.5%
Hazardous Material 2 0.4% 5 0.1%
Public Assistance 23 4.9% 195 5.2%
Rescue 4 0.9% 14 0.4%
Structure Fire 9 1.9% 44 1.2%
Cooking 0 0.0% 2 0.1%
Vegetation Fire 4 0.9% 24 0.6%
Vehicle Fire 0 0.0% 4 0.1%
Refuse Fire 5 1.1% 37 1.0%
All Fires 18 3.9% 120 3.2%
Good Intent/Dispatched & 50 10.7% 612 16.5% Cancelled Enroute Fire Alarm Activation* 23 4.9% 142 3.8%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc. 1 of2
CC AGENDA ITEM 6
SUBJECT: August 2022 Fire Department Activity Report Continued Fire Prevention Division:
The Fire Departments Prevention Division monthly activity report is as follows:
Administrative 24
Plan Check / Plan Review (Hours) 34
Building Final 1
Construction site inspection/Underground 4
Fire Alarm Test & Inspection, (No. of trips) 4
Knox Box placement, key placement 4
Land Use Permit Inspections 2
Fire code research 4
Fire Sprinkler Rough - Residential 6
Fire Sprinkler Final - Residential 14
Solar PV Inspection 30
Meetings 6
Annual Fire Inspections - Re-inspections 27
Engine Company follow-up: Field and Admin (Hours) 5
Fire/ Arson / Illegal Burn Investigations 2
Title 19 Inspections: MC, LLU, RCF's, tents and re-inspect 12 Weed Abatement administrative time (Hours) 2
Weed abatement (parcels inspected) 2
2 of2
City of Loma Linda
Official Report
CITY COUNCIL AGENDA: September 13, 2022
TO: City Council
,I/ rv
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date _______ _
FROM: Kyle MacGavin\ Information Systems Analyst III (Through Channels) VIA:
SUBJECT:
RECOMMENDATION
T. Jarb Thaipejr, City Manager
Amendment to Site Lease agreement with STC One LLC c/o Crown Castle USA Inc. for the cell tower site at 10466 Richardson Street.
It is recommended that the City Council approve an amendment to the site lease agreement for the cellular telephone tower located at 10466 Richardson Street.
BACKGROUND
In 2006, the City entered into a ground lease agreement for a cellular telephone tower located at 10466 Richardson Street. The lease term expires on July 31, 2023, with a regular annual payment of $12,000 multiplied by a fraction of the current Consumer Price Index (CPI). The rate at which STC One LLC c/o Crown Castle USA Inc. was billed in July is $6,063.48. The renewal will assure continued operations of the tower and continued revenue associated with it.
ANALYSIS
The July rent amount was approximately $6,063.48. Due to the nature of CPI, an exact lease forecast cannot be predicted as it grows with the given market basket. In 2020, the lease was $69,532.40 and increased to $79,906.89 in 2021, a 14.92% increase. This renewal will sustain annual increases and assure the continued revenue stream through the final renewal term of July 31, 2048. This amendment has been reviewed by the City Attorney.
ENVIRONMENTAL
No environmental impact.
FINANCIAL IMP ACT
The July lease amount was approximately $6,063.48. Annual lease increases from 2020 to 2021 was $69,532.40 to $79,906.89, a 14.92% increase. Similar annual lease increases are expected in accordance with previous years due to the initial annual rent of $12,000 being multiplied by a fraction of the annual CPI. There will be a $10,000.00 deposit made upon signing. All revenues will be posted to the City's General Fund.
Attachments:
Amendment
Original Agreement
CC AGENDA ITEM 7
THIRD AMENDMENT TO
COMMUNICATIONS SITE GROUND LEASE AGREEMENT
THIS THIRD AMENDMENT TO COMMUNICATIONS SITE GROUND LEASE AGREEMENT (the "Third Amendment") is entered into this _ day of ____ , 20_, by and between the CITY OF LOMA LINDA, with a mailing address of 25541 Baron Road, Loma Linda, California 92354 ("Lessor") and STC ONE LLC, a Delaware limited liability company, registered in California as TOWER COMPANY ONE LLC, by and through its attorney in fact, GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company, with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317 ( collectively referred to as "Lessee").
RECITALS
WHEREAS, Lessor and Cox Communications PCS, L.P ., a Delaware limited partnership ("Original Lessee") entered into a Communications Site Ground Lease Agreement dated July 30, 1998 (the "Original Lease") whereby Original Lessee leased certain real property, together with access and utility rights, located in San Bernardino County, California from Lessor (the "Premises"), all located within certain real property owned by Lessor commonly known as 3400 Richardson Street, Loma Linda, California, APN 0281-162-49-0000 ("Lessor's Property"); and WHEREAS, the Original Lease was amended by that certain Amendment to Communications Site Ground Lease Agreement dated December 16, 2002, and that certain Second Amendment to Communications Site Ground Lease dated May 9, 2006 (hereinafter the Original Lease and all subsequent amendments are collectively referred to as the "Lease"); and WHEREAS, STC One LLC, which is registered in California as Tower Company One LLC, is currently the lessee under the Lease as successor in interest to the Original Lessee; and WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
Site Name: LOMA LIN
Business Unit#: 880160
1 City of Loma Linda
Official Report
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
COUNCIL AGENDA:
TO:
FROM:
SUBJECT:
RECOMMENDATION:
September 13, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director . j .C:
A ward Contract for Installation of Landscape Median on California Street (CIP 22-112)
It is recommended that the City Council award a contract for the installation of landscape medina on California Street to Golden West Landscape of San Bernardino, CA, in the amount of $120,596.08 and authorize a contingency allocation of $12,000.00. City staff will provide inspection and project management.
BACKGROUND:
This project is included in the approved Capital Improvement Program listed in the annual budget. The project is funded with Major Street Arterial Subprogram (MSART) and Traffic Mitigation Funds. This is part of the California Street widening project.
ANALYSIS:
Three (3) bids were received and publicly opened on September 6, 2022. Bids ranged from a low of $120,596.08 to a high of $238,968.00 (see attached bid summary). The low bidder Golden West Landscape of San Bernardino, CA, has been checked for references and found to be satisfactory. This contractor has satisfactorily performed similar work in the past for the City. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Additionally, this is a very favorable bid; therefore, staff recommends an allocation of ±10% of the construction amount ($12,000.00) for a contingency allocation.
FINANCIAL IMP ACT:
Funding is available in Account Nos. 1275345-58500 and 3122340-58500. \\CLL-SV-FILE\Public Works\Public Works Admin\Stqff Reports\Award of Contract'llandscape Median California St 2022.doc CC AGENDA ITEM 8
City of Loma Linda
Landscape Median California Street
BID OPENING DATE: 9/06/22 Engineering Estimate Golden West Landscape Marina Kormex Const, Inc.
ITEM UNIT UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Mobilization and traffic LS. 1 20,000.00 20,000.00 0.00 0.00 30,000.00 30,000.00 30,000.00 30,000.00 control 2 Irrigation system LS. 1 90,000.00 90,000.00 62,561.44 62,561.44 100,000.00 100,000.00 120,000.00 120,000.00 3 Install 2" thick stabilized D.G. C.Y. 130 280.00 36,400.00 254.18 33,043.05 285.00 37,050.00 290.00 37,700.00 4 Weed barrier S.F. 21,058 0.75 15,793.50 0.15 3,261.55 0.50 10,529.00 1.00 21,058.00 5 Baja Cresta boulder 30"X42" EA. 19 290.00 5,510.00 303.97 5,775.50 280.00 5,320.00 220.00 4,180.00 6 Crape Myrtle, 24" box EA. 14 350.00 4,900.00 220.75 3,090.50 845.00 11,830.00 450.00 6,300.00 7 Brisbane Box, 24" EA. 17 350.00 5,950.00 200.04 3,400.65 845.00 14,365.00 450.00 7,650.00 8 Starfish Aloe, 5 gal. EA. 19 50.00 950.00 40.66 772.50 32.00 608.00 40.00 760.00 9 Bird of Paradise, red, 15 gal. EA. 26 100.00 2,600.00 100.60 2,615.50 100.00 2,600.00 80.00 2,080.00 10 Lavender Lantana, dwarf, 1 EA. 74 10.00 740.00 6.95 514.50 9.00 666.00 12.00 888.00 gal. 11 Teenie Genie Lantana, 1 gal. EA. 46 10.00 460.00 7.23 332.50 11.50 529.00 12.00 552.00 12 Carpet Rose, red, 5 gal. EA. 312 30.00 9,360.00 16.76 5,228.40 32.00 9,984.00 25.00 7,800.00 TOTAL $192,663.50 $120,596.08 $223,481.00 238,968.00
City of Loma Linda
Official Report
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
COUNCIL AGENDA:
TO:
FROM:
SUBJECT:
RECOMMENDATION:
September 13, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director
Appropriate $166,000.00 from Park Development Fee Fund
Balance and Award Contract for a Walking Track Construction at Hulda Crooks Park (CIP 22-755)
It is recommended that the City Council appropriate $166,000.00 from Park Development Fee Fund Balance and award a contract for the construction of a walking track at Hulda Crooks Park to BWW & Company Inc. of Grand Terrace, CA, in the amount of $266,030.00 and authorize a contingency allocation of $26,600.00. City staff will provide inspection and project management.
BACKGROUND:
This project is included in the approved Capital Improvement Program listed in the annual budget. The project is funded by Park Acquisition and Development funds.
ANALYSIS:
Five (5) bids were received and publicly opened on September 6, 2022. Bids ranged from a low of $266,030.00 to a high of $605,566.00 (see attached bid summary). The low bidder, BWW & Company Inc. of Grand Terrace, CA, has been checked for references and found to be satisfactory. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Additionally, this is a very favorable bid; therefore, staff recommends an allocation of ±10% of the construction amount ($26,600.00) for a contingency allocation.
FINANCIAL IMPACT:
Appropriate $166,000 from Park Development Fee Fund Balance into expenditure Account No. 3045320-58500, funding will then be available.
\\CLL-SV-FILE\Public Works\Public Works Admin\Staff Reports\Award ofContract\Walking Track 2022.doc CC AGENDA ITEM 9
City of Loma Linda
Walking track at Hulda Crooks Park (CIP 22-755)
BID OPENING DATE: 9/06/22 Engineering Estimate BWW&Co. R.E. Schultz Const Inc.
ITEM UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Clearing and grubbing LS. 1 10,000.00 10,000.00 47,000.00 47,000.00 65,000.00 65,000.00 2 Construct footing and install EA. 14 2,500.00 35,000.00 3,800.00 53,200.00 1,800.00 25,200.00 light fixture 3 Install electrical pull box EA. 3 800.00 2,400.00 1,200.00 3,600.00 1,200.00 3,600.00 4 Install 1.5" electrical conduit L.F. 2,570 10.00 25,700.00 16.00 41,120.00 12.75 32,767.50 with pull rope 5 Install PCC slab S.F. 535 8.00 4,280.00 15.00 8,025.00 28.00 14,980.00 6 Install PCC mow curb L.F. 2,535 15.00 38,025.00 25.00 63,375.00 35.00 88,725.00 7 Install weed barrier fabric S.F. 12,000 0.50 6,000.00 1.33 15,960.00 0.40 4,800.00 8 Install 4" thick stabilized D.G. C.Y. 450 250.00 112,500.00 75.00 33,750.00 209.00 94,050.00 TOTAL $233,905.00 $266,030.00 $329,122.50
City of Loma Linda
Kormex Const. Inc C.S. Legacy Const. Inc. Gentry Gen. Eng. Inc.
ITEM UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Clearing and grubbing LS. 1 34,000.00 34,000.00 79,090.00 79,090.00 136,000.00 136,000.00 2 Construct footing and install EA. 14 2,000.00 28,000.00 4,827.00 67,578.00 4,600.00 64,400.00 light fixture 3 Install electrical pull box EA. 3 1,000.00 3,000.00 986.00 2,958.00 767.00 2,301.00 4 Install 1.5" electrical conduit L.F. 2,570 22.00 56,540.00 23.10 59,367.00 37.00 95,090.00 with pull rope 5 Install PCC slab S.F. 535 22.00 11,770.00 27.00 14,445.00 20.00 10,700.00 6 Install PCC mow curb L.F. 2,535 22.00 55,770.00 23.00 58,305.00 37.00 93,795.00 7 Install weed barrier fabric S.F. 12,000 1.00 12,000.00 0.58 6,960.00 0.74 8,880.00 8 Install 4" thick stabilized D.G. C.Y. 450 306.00 137,700.00 136.00 61,200.00 432.00 194,400.00 TOTAL $338,780.00 $349,903.00 $605,566.00
Page2
City of Loma Linda
Official Report
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councihnan
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
COUNCIL AGENDA:
TO:
FROM:
SUBJECT:
RECOMMENDATION:
September 13, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director I
Approve an Appropriation of $18,000 from Fund Balance and A ward a Professional Services Contract for Solid Waste and Storm Water Management Support
It is recommended that City Council appropriate $18,000 from Fund Balance into Professional Services Expenditures, then authorize a purchase order to Lynn Merrill & Associates, Inc., of Redlands, CA to provide support services with solid waste and storm water management.
BACKGROUND:
As the State continues to pass legislation to regulate environmental issues, the City must monitor, inspect, and record efforts to remain in compliance. Lynn Merrill & Associates, Inc. has been assisting the City for many years. Their expertise and professionalism in the areas of solid waste and storm water management is greatly appreciated.
ANALYSIS:
The vendor has provided a cost estimate for expected service needs for the fiscal year. Staff has compared it with current costs and found it to be in line, reasonable and comparable to similar professional services. Certain specialty items may be address on a case by case basis and cost covered by applicant deposit. Overall, the City has checked this vendor and is satisfied with their service commitment and references.
FINANCIAL IMPACT:
Appropriate $18,000 from Fund Balance and direct $5,000 into Professional Services Expenditures Account No. 0013610-51820, Solid Waste and $13,000 into Account No. 0013100-51820, Storm Water, then funding is available.
\\CLL-SV-FILE\Public Works\Public Works Admin\Staff Reports\Award of ContractWPDES Support 2022-23.docx CC AGENDA ITEM 10
12 Nevada Street, Suite A Redlands, California, 92373
Office: 909-894-4425
August 10, 2022
T. Jarb Thaipejr
City Manager
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
REF: NPDES PROGRAM SUPPORT FY22-23
SB 1383 Support
Dear Mr. Thaipejr:
Per your request, we are pleased to submit the following proposal to provide FY22-23 NPDES Inspection and Program Support, as well as SB 1383 Support to the City.
We are currently providing the following services to the city, and would propose to continue providing those services:
Preparation of Annual Report – Using data from the CloudCompli and city information, we will prepare all necessary forms and submittals, including certification letters necessary to complete and submit to the San Bernardino County NPDES Program by the statutory and established deadlines. We have been preparing these reports for the City since Fiscal Year 2013-2014.
Attendance at Monthly General Management Meetings – Under the terms of the existing NPDES Permit, the City is required to attend 11 of the scheduled General Management Meetings. Our work includes attending the meetings, reviewing budget and program elements, and making recommendations for action items. Typically, this includes voting on routine matters that may come before the General Management Meeting. In addition, we represent the city at all of the County’s Fiscal subcommittee meetings and are currently co-chair of the Fiscal subcommittee.
NPDES Permit Renewal – The Santa Ana Regional Water Quality Control Board presented a new Regional MS4 Permit in FY21-22. Currently, the Permit is undergoing extensive review by the TriCounty Group, consisting of Orange, Riverside and San Bernardino Counties. Our work will continue to review, comment and advocate for the city during the permit renewal process. This may include attending special Permittee meetings held to review and discuss the elements of the proposed permit, reviewing and making proposed language changes to the Regional Board, attendance at workshops and Regional Board hearings, and other activities in support of the permit renewal. Our team for this effort includes our subconsultant CG Resource Management and Engineering, Inc. and it’s principal Cynthia Gabaldon.
Commercial and Industrial Inspection Programs – During FY21-22, we performed 32 NPDES inspections, including 17 high priority inspections, 15 medium priority, and no low priority sites as well as attempted inspections on two inactive businesses. During FY22-23, we anticipate approximately 40 businesses will require inspections, as well as any new businesses that may open within the City that may be subject to the NPDES program. We propose to review the City’s current business license list to determine if any new businesses have been licensed within the City that may meet the requirements of the NPDES program, and will conduct initial inspections on these sites. All previous inspections completed have been input into CloudCompli.
12 Nevada Street, Suite A Redlands, California, 92373
Office: 909-894-4425
Inspection of Post Construction BMPS – Per requirements of the current NPDES MS4 Permit, the City is required to conduct inspections of the Water Quality Management Plan, Best Management Practices once every three years to ensure that the BMPs are clean and in a good state of repair. We believe that there are no more than twenty (20) WQMPs subject to the program within the City, and anticipate performing a maximum of 20 sites during this period. While these were anticipated during FY21-22, due to the COVID-19 issues, we were unable to complete these and anticipate them to be completed in FY22-
23. Construction Site NPDES Inspections - Per the City’s request, we will provide a qualified NPDES Construction Site inspector as needed, to assist the City’s staff in monitoring construction activities regulated under the General Construction Permit. Such support will be on-call, and will include staff certified as Qualified Stormwater Practitioners (QSP) as appropriate and necessary.
Trash Policy Amendment Technical Support - During this fiscal year, the City should complete development of the Track 1 Implementation plan, which will include field evaluations of current catch basins associated with Priority Land Uses in order to determine appropriate size and certified structures to be installed, development of drainage areas within Priority Land Use areas which may drain to channels or other drainage structures instead of catch basins, mapping of WQMP parcel areas which may already be implementing trash capture activities on- or off-site. We will assist the city in these efforts as directed.
Other Environmental Support / SB 1383 - As requested, we will provide other environmental support, including but not limited to review and revision of various agreements, documents, Local Implementation Plans, specifications and other items as requested by the City. In addition, we will provide technical liaison support to the City in order to implement the SB1383 Requirements. Our effort will include coordination of programs between the City and CR&R, observation of waste composition and enforcement studies, and other efforts necessary.
WQMP – Assist the City in the review and approval process for Water Quality Management, including working with the developers on submission of a Preliminary WQMP, through redline process to final acceptance of the WQMP. Our work may include conducting any site inspections necessary to ensure that Best Management Practices and site configuration complies with the requirements set forth in the WQMP. Typically, Preliminary WQMP reviews and redline are a single fixed price, while Final WQMPs shall be priced based on the type of project shown in the table below. WQMP review and approval includes three site inspections during the course of actual construction to ensure that the Developer is implementing the requirements of the WQMP on-site, with a final approval upon completion of each development project. Additional inspections, if required, are at the fully burdened hourly rate shown below for the Senior Consultant / Principal Engineer. The table below provides our current year prices, while the second table below shows the typical project parameters. 12 Nevada Street, Suite A Redlands, California, 92373
Office: 909-894-4425
The above pricing schedule is for the following project types and sizes:
Final WQMPs Commercial Industrial Residential
Basic 8 acres or less 5 acres or less 19 acres or less
Standard
Greater than 8.1
acres up to 23
acres
Greater than 5
acres up to 18
acres
Greater than 19
acreas up to 50
acres
Complex Greater than
23.1 acres
Greater than
18.1 acres
Greater than
50.1 acres
WQMP inspections Includes 3 site visits and final approval and mileage.
FULLY BURDENED LABOR RATE SCHEDULE AND INSPECTIONS
We are proposing the following hourly rates for services:
The following table provides our fixed price for each category of inspections (Industrial, Commercial and Restaurants) which are required under the NPDES program permit. These inspections are subdivided into High (annual inspections), Medium (inspections every two years) and Low (Inspections once every five years). In the event that we attempt to perform an inspection on a facility that is discovered to be closed, we charge for the time for our travel to the site under “Other”. Post Construction BMPs are also a fixed 12 Nevada Street, Suite A Redlands, California, 92373
Office: 909-894-4425
price per inspection. All inspection rates are fully burdened, and include travel and administrative preparation time, as well as data entry.
Mileage is set at the IRS 2022 Reimbursement rate of $0.625 as established in July 2022; we anticipate adjusting the mileage based on the IRS 2023 Reimbursement Rate when issued in January.
Due to the variable nature of the proposed work, we recommend a not-to-exceed amount of $15,000.00.
TOTAL NOT-TO-EXCEED: $15,000.00
We appreciate the opportunity to provide these services to the City, and look forward to discussing this further with you.
Respectfully,
Lynn Merrill
President
City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: September 13, 2022
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: Amendment to Sheriff Law Enforcement Contract for fiscal year 2022- 2023
RECOMMENDATION
It is recommended that the City Council approve an amendment to the fiscal year 2022-2023 Sheriff Service Contract in the amount of $145,381.
BACKGROUND
The annual Sheriff Law Enforcement Contract covers all regular law enforcement services for the year; however, general and overtime services are not part of the contract. General Services include vehicle maintenance, outside labor and parts, fuel, tires, and miscellaneous services such as transcriptions needed for case investigations. Overtime includes additional deputy hours outside of the normal contracted hours. For fiscal year 2022-2023 City Council approved on May 24, 2022, a Sheriff Law Enforcement Contract on Schedule “A” in the amount of $6,418,130.
ANALYSIS
During the fiscal year 2022-2023 budget process, the Sheriff Law Enforcement Contract was approved at $6,418,130, and, at the end of July 2022, the City was informed of a 2% increase in the contract amount as a result of a salary increase for Sheriff Staff. The $145,381 total increase to the contract is effective July 30, 2022, therefore, bringing the 2022-2023 contract amount to $6,563,511 (see Attachment I). As a result of increased fuel costs and general service costs not included in the contract in fiscal year 2021-2022, City staff included an additional 3% increase in the 2022-2023 budget; therefore, no Supplemental Appropriation is needed to increase the budget at this time.
ENVIRONMENTAL
No environmental impact.
FINANCIAL IMPACT
The fiscal year 2022-2023 Sheriff budget in department 0012000 accommodates the increase in Sheriff Law Enforcement Contract. Further review will be done during the mid-year budget preparation to further evaluate a need for a supplemental appropriation to cover any increase in overtime and general services.
Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 11
Attachment I