Loma Linda City Council
October 11, 2022

CITY OF LOMA LINDA

CITY COUNCIL AGENDA
REGULAR MEETING OF OCTOBER 11, 2022
A regular meeting of the City Council of the City of Loma Linda is scheduled to be held Tuesday, October 11, 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) 799-2819.

THE CITY COUNCIL CHAMBERS WILL BE OPEN TO THE PUBLIC

PHYSICAL DISTANCING AND MASKS MAY BE REQUIRED

REMOTE PARTICIPATION IS NO LONGER BE AVAILABLE
City Council Agenda

A. Call To Order
B. Roll Call
C. Closed Session/Workshop
D. Invocation and Pledge of Allegiance – Mayor pro tempore Dailey (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. Proclamation – American Pharmacist Month

2. Public Hearing – Council Bill #O-2022-06 (First Reading/Set the Second Reading for November 8, 2022) Amend and adopt Chapters 15.04, 15.08, 15.60, and 15.62 of the Loma Linda Municipal Code comprised of the following Codes [Community Development/Building]
a. 2022 California Building Code, Volumes 1 and 2, based on the 2021 International Building Code
b. 2022 California Existing Building Code, based on the 2021 International Existing Building Code
c. 2022 California Historical Code
d. 2022 California Energy Code
e. 2022 Administrative Code
f. 2022 California Referenced Standards Code
g. 2022 California Residential Code, based on the 2021International Residential Code h. 2022 California Green Building Standards Code
i. 2022 California Mechanical Code, based on the 2021 Uniform Mechanical Code j. 2022 California Electrical Code, based on the 2020 National Electrical Code k. 2022 California Plumbing Code, based on the 2021 Uniform Plumbing Code l. 2021 International Property Maintenance Code
m. 1997 Uniform Code for Abatement of Dangerous Buildings

3. Public Hearing – Adopt the California Fire Codes [Fire] a. Council Bill #O-2022-04 (First Reading/Set the Second Reading for November 8, 2022) Amend and Adopt Chapter 15.28 of the Loma Linda Municipal Code, the 2022 California Fire Code based on the 2021 International Fire Code b. Council Bill #R-2022-38 Adopt Resolution to approve the findings relating to the adoption of the 2022 California Fire Code
c. Council Bill #O-2022-05 (First Reading/Set the Second Reading for November 8, 2022) Amend and Adopt Chapter 15.30 of the Loma Linda Municipal Code, the 2021 International Wildland-Urban Interface Code
City Council Agenda

4. Public Hearing – Approve Precise Plan of Design No. P22-004 for the architectural styles and configuration of the 51 single-family, lot very low density, development in Planning Area 3-6 of the Groves Specific Plan [Community Development] [Continued to December 13, 2022]

5. Public Hearing - Discuss the composition of draft district maps and sequence of elections [City Manager/National Demographics Corporation]
I. Consent Calendar

6. Demands Registers

7. Minutes – August 9, 2022

8. Treasurer’s Report - September 2022

9. Fire Department Report – September 2022

10. Award Contracts/Agreements to:
a. Silverstrand Technology for Water Treatment Plant Security System in an amount not to exceed of $18,200 [Public Works]
b. Michel Angela Petersen of Bellingham, WA, for the fabrication and installation of ceramic tile mural at the City Library in the amount of $22,400.00 [Public Works] c. Hach Company for flow monitoring data management services in an amount not-toexceed of $1,170/month on a five (5) year contract [Public Works] d. Alethea Inc., for an update to the current agreement for onsite desktop support services [Information Systems]
e. Planning PLUS/P+ for contract planning services in the amount of $5,280 as a pass through amount paid for by the project applicant [Community Development] f. Fairview Ford for purchase of two (2) Ford Expedition vehicles in the amount of $90,000 and authorize purchase and installation of Code 3 Response Packages for both vehicles in an amount not-to-exceed of $78,700 [Fire]
g. Veterans Administration (VA) Medical Center for fire protection services with Loma Linda Fire Department [Fire]

11. Accept as complete and authorize recordation of Notice of Completion for:
a. Construction of California Street widening and storm drain installation in the amount of $3,573,695.94, Contractor: Riverside Construction Company, Inc. (CIP 19-193) [Public Works]
b. Installation of 1” water service laterals at various locations in the amount of $183,780.00, Contractor: MCC Equipment Rentals, Inc. (CIP 22-663) [Public Works]

12. Accept offsite improvements for Tract 18990 (west side of California Street between Redlands Boulevard and Mission Road) – Lennar Homes Development [Public Works]

13. Re-appropriate $53,700 out of General and $15,200 out of Water Enterprise Fund Balances into FY 2022-23 for items/Services not received by fiscal 2021-22 year end [Public Works]

14. Appropriate $27,500 from General Fund Reserves and award contract to Revenue & Cost Specialist to prepare a User Fee Study [Community Development] J. Old Business

15. Council Bill #O-2022-03 (Second Reading and roll call vote) Amend and replace in its entirety Chapter 3.13, Hotel Incentive Program, of the Loma Linda Municipal Code [Community Development]
City Council Agenda

16. Request by property owner to remove a city tree from 11467 Richmont Rd.-Status of Arborist inspection [Continued to November 8, 2022]
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 scheduled for October 25, 2022

POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that on the 6 th day of October 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

PROCLAMATION

AMERICAN PHARMACISTS MONTH
OCTOBER 2022
WHEREAS, pharmacy is one of the oldest of the health professions concerned with the health and well-being of all people; and
WHEREAS, pharmacists are specifically educated with a focus and level of expertise on medication therapy, are ideally suited to work collaboratively with other health care providers and patients to improve medication use and outcomes by providing services through medication therapy management; and
WHEREAS, it is important to promote the profession of pharmacy as an essential health care provider; and
WHEREAS, pharmacists provide both expertise and accessibility which are crucial to patients fully optimizing access to medications that are not self-administered such as, but not limited to immunizations; and
WHEREAS, the American Pharmacists Association and the California Pharmacists Association have proclaimed October as American Pharmacists Month with the theme "Your Pharmacist:
improving health and increasing access".

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda hereby proclaims October, 2022, as American Pharmacist Month to honor Pharmacists for their valuable services to provide safe, affordable and beneficial patient care services and products to all citizens.

Signed and presented this 11th day of October 2022.

Phillip Dupper, Mayor
City of Loma Linda
Official Report
COUNCIL AGENDA: October 11, 2022
TO: City Council
FROM: Patrick Johnson, Building Official
SUBJECT: Council Bill #O-2022-06 – Request to Amend and Adopt the 2022 California Building Codes
RECOMMENDATION:

It is recommended that City Council introduce Council Bill #O-2022-06 on first reading to conduct a public hearing for the 2022 California Building Codes amending Title 15, Building and Construction, Chapters 15.04, 15.08, 15.60 and 15.62 of the Municipal Code and set the second reading for November 8, 2022, for adoption of the Ordinance.

BACKGROUND:

The State’s Health and Safety Code, Section 17950, mandates the California Building Standards Commission adopt and publish the California Codes, Title 24, known as the California Code of Regulations.

Every three years, the codes are published to incorporate all code changes accepted by a majority vote of members at the annual code development meetings. As a result, the new codes will become effective statewide on January 1, 2023. (See Exhibit A - Bulletin 22-01 from the Building Standards Commission). Each jurisdiction in the State is mandated to adopt the California Code of Regulations, Title 24, and make amendments to the codes that are reasonably necessary because of local climatic, geological, or topographical conditions.

Staff has advertised the adoption of the proposed codes in three (3) public areas which are City Hall, Library and Post Office on September 29, 2022, and published the Notice of Hearing in the newspaper on October 1, 2022.

ANALYSIS:

The following codes are mandated by the State of California Building Standards, Commission Information Bulleting 22-01, for local adoptions by January 1, 2023, are:
2022 California Building Code, Volumes 1 and 2
2022 California Fire Code
2022 California Existing Building Code
2022 California Historical Code
2022 California Energy Code
2022 Administrative Code
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 2
Council Bill #O-2022-06 Page 2
Building Code Adoption
2022 California Referenced Standards Code
2022 California Residential Code
2022 California Green Building Standards Code
2022 California Mechanical Code
2022 California Electrical Code
2022 California Plumbing Code
2021 International Property Maintenance Code
2021 International Wildland-Urban Interface Code
1997 Uniform Code for Abatement of Dangerous Buildings
The State has established the 2021 Editions of the International Codes as the basis for the 2022 California Codes. Likewise, the 2021 Editions of the Uniform Mechanical and Plumbing Codes developed by the International Association of Plumbing and Mechanical Officials as the basis for the 2022 California Plumbing and Mechanical Codes. The 2020 Edition of the National Electrical Code developed by the National Fire Protection Association are the basis of the corresponding 2022 Edition of the California Electrical Code. The California Building Standards Commission has made significant changes to the 2021 IBC, and IRC these changes are listed in (Exhibit “B”).

The California Residential Code (CRC) will address the structural and life safety aspects of oneand two-family dwellings and townhouses not more than three stories. Electrical, plumbing, and mechanical conditions will still be addressed by the appropriate California Code Books.

The California Green Building Standards Code addresses such conditions as site development, water savings, recycling, and material selection. In addition, issues such as moisture control, interior and exterior air quality and compliance with California Title 24 requirements as addressed. Environmental quality issues of concern involve the use of materials that produce volatile organic compounds such as composite wood products, paints, adhesives, and carpets.

The proposed amendments are added to the existing chapters of the Loma Linda Municipal Code Title 15, by adding the 2022, California Code of Regulations.

Chapters 15.08.030, Changes to the California Residential Code. Appendix V was changed to appendix AX and Section AX100 was changed to define the appendix as the “California Swimming Pool Safety Act, (Statewide)”, also Sections AV100.2 and AV100.3 have been changed to reflect the new statewide section number 115922.

Chapter 15.60, Repair of Damaged Structures, has been deleted in its entirety. Chapter 15.60 was adopted in 2008 and moved forward each triennial adoption period up to the 2019 California code adoption. The California Existing Buildings Code has evolved over the years which provide specific requirements for damaged structures which is now the States adopted version. After filling the code adoption documents with the State in 2019, Chapter 15.60, was questioned by the Housing and Community Development Department requesting additional findings with respect to local climatic, geological, or topographic conditions. The requirements in Chapter 15.60 are substantially different than what has been adopted by the State. With the adoption of the 2022 California Existing Building Code, provisions that apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, Council Bill #O-2022-06 Page 3
Building Code Adoption
maintenance, removal and demolition of every building or structure throughout California has been identified.

Chapter 15.62, Electric Vehicle Charging Systems Expedited, Streamlined Permitting Process.

Section 15.62.010, Definitions.

The State added a new definition to the electric vehicle charging process which allows for, “Feasible method to satisfactorily mitigate or avoid the specific adverse impact”: Includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful application for a similar permit.

FINANCIAL IMPACT:

Willdan Engineering has purchased a new set of the 2022 code books for the City of Loma Linda Building & Safety Department at a cost of $1,600, and, therefore, there is no fiscal impact on the City of Loma Linda.

Attachments:

Exhibit A – Building Standard Commission Bulletin 22-01 Exhibit B – Draft Ordinance
P:\Administration\Agenda PDF Files\CC\2022\10-11-22 CC Mtg\CC 2 - Bulding Code Amendment.doc

EXHIBIT A

DEPARTMENT OF GENERAL SERVICES GOVERNOR GAVIN NEWSOM

BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833·2936
{916) 263-0916

CALIFORNIA BUILDING STANDARDS COMMISSION
INFORMATION BULLETIN 22-01
DATE:

TO:

June 30, 2022

LOCAL BUILDING DEPARTMENTS

STATE AGENCIES AND DEPARTMENTS

INTERESTED PARTIES
SUBJECT: 2022 California Building Standards Code - Now Available This Information Bulletin announces the publication of the 2022 California Building Standards Code, the effective date and application of the codes, availability, as well as enforcement responsibility.

The 2022 California Building Standards Code, Title 24; California Code of Regulations (Title 24) will be published on or before July 1, '2022, and is now available for purchase.

Effective Date and Application of the 2022 California Building Standards Code January 1, 2023, is the statewide effective date for the 2022 California Building Standards Code as established by the California Building Standards Commission (CBSC). In accordance with California Health and Safety Code, Section 18938.5, all applications for building permits submitted on or after January 1, 2023, are subject to compliance with the 2022 California Building Standards Code.

The 2019 California Building Standards Code remains in effect and is applicable to all plans and specifications related to construction performed where the application for a building permit is received on or before December 31, 2022.

Availability of the 2022 California Building Standards Code The 2022 edition of Title 24 may be purchased from the following publishers:
• International Code Council (ICC)
Parts 1, 2, 2.5, 6, 8, 9, 10, 11 and 12
ICC Online Store: shop.iccsafe.org
Te,lephone: ICC Store (800) 786-4452
• International Association of Plumbing and Mechanical Officials (IAPMO) Parts 4 and 5
IAPMO Online Store: www.iapmomembership.org
Telephone: (909) 472-4208
• National Fire Protection Association (NFPA)
Part 3
NFPA Online Store: www.nfpa.org
Telephone: (800) 344-3555

The thirteen parts of Title 24 may be accessed through the California Building Standards Commission website https://www.dgs.ca.gov/BSC/codes.

Enforcement Responsibility
Title 24 is the minimum standard established in law for the design and construction of buildings and structures in California. State law mandates that local governments enforce these regulations or enforce local ordinances containing qualified reasonably necessary and generally more restrictive building standards than those provided in the California Building Standards Code.

Exceptions are building standards applicable to hospitals, state buildings, public schools and colleges, and other occupancies that are subject to enforcement by state agencies.

For detailed information regarding enforcement responsibilities refer to Part 1 of Title 24 and Chapter 1 of most Parts of Title 24.

References in law pertaining to enforcement responsibility include, but are not limited to, Health and Safety Code Sections 17950, 17958.7, 17960, 18938 and 18941.5.

Additional information may be found in CBSC's guide, It's your Building Department.

This guide was developed to aid elected officials and executive managers of local governments in understanding the roles and responsibilities of their building departments which are established in state law.

Amendment by Local Ordinance
Local ordinances that amend Title 24 building standards are subject to requirements of California law and must be ratified and filed for each triennial edition of Title 24.

Generally, local ordinances must implement standards which are more restrictive than the building standards approved/adopted by the CBSC. Local ordinances containing building standards must be filed with CBSC, the Department of Housing and Community Development, the Office of the State Fire Marshal, or the State Historical Building Safety Board, as appropriate, before they are effective arid operative. CBSC's Information Bulletin 22-02, being issued shortly, contains additional information and resources to assist local jurisdictions with local ordinance filing requirements.

References in law pertaining to local ordinance adoption include, but are not limited to, Health and Safety Code Sections 13143.5, 17950, 17958, 17958.5, 17958. 7, 18938, 18941.5 and 18959. The Local Code Ordinances web page on CBSC's website has a number of helpful resources including the 2022 edition of the Guide for Local Amendments of Building Standards, examples of ordinances that were filed in accordance with state law, and the updated California Code Adoption for Local Jurisdictions video.
2022 Title 24 California Code Changes
Please see CBSC's 2022 Title 24 California Code Changes document (or web page) for details of California code changes in the individual parts of Title 24 that were amended by state agencies during the 2021 Triennial Code Adoption Cycle. They will be listed by chapter, agency, and sections within each part, as appropriate. This information will be made available as both a downloadable PDF document and on the CBSC Resources webpage in the coming weeks. Please note that for the 2022 edition of Title 24 ICC has changed the page number format of specified California codes to align with the numbering used by ICC for 2021 edition of model codes. Additionally, three recently issued NFPA Tentative Interim Amendments to the 2020 National Electrical Code, that were not included in the 2022 California Electrical Code, may be viewed in BSC Info Bulletin 22-03.

Questions or comments regarding the subject of this information bulletin should be directed to CBSC's staff at (916) 263-0916 or via email at [email protected].

Mia Marvelli
Executive Director

ORDINANCE NO. XX X

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, STATE OF CALIFORNIA, AMENDING CHAPTERS 15.04, 15.08, 15.60 AND 15.62 OF THE

CITY OF LOMA LINDA MUNICIPAL CODE PERTAINING TO BUILDINGS AND CONSTRUCTION BY ADOPTING THE 2022 CALIFORNIA BUILDING CODE INCLUDING THE 2022 CALIFORNIA BUILDNIG CODE VOLUMES 1 & 2, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA HISTORICAL CODE, 2022 ENERGY CODE, 2022 ADMINISTRATIVE CODE. 2022 CALIFORNIA REFERRANCED STANDARD CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIORNIA ELECTRICAL CODE, 2022 CALIFORNIA PLUMBING CODE , 2022 CALIFORNIA MECHANICAL CODE, 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, 1997 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS.

THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES ORDAIN AS FOLLOWS:

SECTION 1: (Adoption) of Chapters 15.04, 15.08, 15.60 a n d 1 5 . 6 2 , of Title 15 (Buildings and Construction) is hereby amended to read as follows: (underlining and italicized indicates amended language, strikeouts indicate removal of language)
Chapter 15.04 GENERAL PROVISIONS

15.04.010 Applic.ability.

The requirements of this chapter are general in nature and apply to all the provisions in Chapters 15.08, 15.12, 15.16, 15.20,

15.24 and 15.36. (Ord. 193 § 19, 1978)

15.04.020 Definitions.

Whenever in any of the codes adopted in Chapter 15.08, 15.12, 15.16, 15.20 or 15.24 there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows:

A. "City of' or any other similar reference to a political entity means the incorporated territory of the city of Loma Linda.

B. "City council" means the city council of the city of Loma Linda.

C. "Building official," "electrical safety engineer," "administrative authority'; or any other similar term which makes reference to the individual official, board, department, or agency created by law to administer and enforce the provisions of the codes adopted by Chapters 15.08, 15.12, 15.16, 15.20 and 15.24 shall mean the director of building and safety and his authorized assistants.

D. "Code," Refers to the current adopted building code as established in Section 15.08.010. (Ord. 757 § 1, 2019 Ord. 193 § 20, 1978)

15.04.030 Fees deleted.

Any and all references to fees in any of the Uniform Codes adopted in Chapters 15.08, 15.12, 15.16, 15.20 and 15.24 are deleted and referred to the building and safety fee resolution adopted by the city. (Ord. 757 § 1, 2019 Ord. 193 § 20, 1978)

15.04.040 Annual permits permitted when.

A. Where any person, firm, or corporation in the course of normal maintenance procedures proposes to install, alter or repair any electrical wiring, devices appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water equipment in an existing facility located on property under the direct controls of said person, firm or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of the city and whose operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the state, such person, firm, or corporation shall be required only to obtain an annual permit or annual permits.

EXHIBIT B
B. The fee for each separate annual permit ( electrical, plumbing, mechanical) shall be based on the number of employees doing work in the crafts covered in each annual pe1mit in accordance with the fee ordinances adopted by the city.

C. The designated responsible supervising engineer shall file with the building and safety department a written report specifying the work done under the issued annual permit. Such written report shall be filed with the department of building and safely wit�n thirty days following the end of the fiscal year for which the permit was issued. (Ord. 193 § 22, 1978)

15.04.050 Enforcement and interpretation duty.

It shall be the duty of the director of the building and safety department to enforce the provisions of the Code, and to determine the intent and meaning thereof. (Ord. 193 § 23, 1978)

15.04.060 Preliminary soil report requirements.

A. Subdivision maps shall not be given a final approval until a preliminary soil report prepared by a civil engineer registered by the state has been filed with and approved by the director of building and safety.

B. The preliminary soil report sha11 indicate the presence, if any, of expansive soils or another soil problem, which, if not corrected, would lead to structural defects. If defective soil conditions are indicated, the preliminary report shall include recommendations for corrective measures intended to prevent structural damage to buildings erected on the site. Acceptance and approval of these recommendations shall not preclude the consideration and approval of alternate methods of correction which may be submitted by any other California-registered civil engineer when accompanying a permit application for construction of a specific building or buildings.

C. The preliminary soil report sha11 be based upon test borings or excavations. The number of borings or excavations shall be adequate to determine fully the extent and degree of soil problems, if any, which exist in the proposed subdivision; provided, however, that not less than three such borings or excavations shall be required for each report. If critically defective soil conditions are disclosed by initial borings or excavations, additional borings or excavations shall be made at the probable building location on each lot or parcel within the subdivision. Appropriate notations shall be made upon the subdivision map so as to indicate the location and type of defective soil noted in the preliminary repo1t.

D. The director of building and safety shall approve the preliminary soil report:

1. Ifno defective soils are present on the site; or

2. If the corrective measures recommended in the report would be likely to prevent structural damage to any buildings constructed on the site.

E. The preliminary soil report may be waived when the sole purpose of the subdivision map is to assemble small lots or parcels into larger lots or parcels or to define, adjust or conect property lines of existing subdivisions.

F. The issuance of a building pennit for the construction of a building on a lot or parcel of land which has been found to have defective soils shall be conditioned to the incorporation of an approved corrective measure intended to prevent structural damage to the building. (Ord. 193 § 24, 1978)

15.04.070 Wasting water prohibited.

Water used as a coolant in any stationary equipment or machinery, or water utilized for heating or cooling in an industrial process, shall not be wasted but shall be recirculated and reused. Eve1y evaporative cooler shall be equipped with a circulating pump. (Ord. 193 § 25, 1978)

15.04.080 Penalty fees authorized when.

Where work for which a permit is required by the codes adopted in this title is started or proceeded with prior to obtaining said permit, the specified fees shall be doubled, or, if said permit is not secured because of willful neglect, the fee required shall be equal to ten percent of the total value of the project or two hundred dollars, whichever is less; but the payment of such penalty fees shall not relieve any persons from fully complying with the requirements of these codes in the execution of the work nor from any other penalties prescribed in this title; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the director of building and safety that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there is an umeasonable delay in obtaining such permit, a double fee as herein provided shall be charged. (Ord. 193 § 26, 1978)

15.04.090 C.Onstruction.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare. (Ord. 193 § 26(a), 1978)

15.04.100 Public nuisance declared when.

Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be unlawful and a public nuisance, and the city attorney shall, upon order of the director of building and safety, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such coUit or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this title. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this title. (Ord. 193 § 26(b ), 1978)

15.04.110 Remedies cumulative.

All remedies provided for in this chapter shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof. (Ord. 193 § 26(b) (1), 1978)

15.04.120 Violation-Penalty.

Any person, firn1 or corporation whether as principal, agent, employee or otherwise violating or causing or pennitting the violation of any of the provisions of Chapter 15.04, 15.08, 15.12, 15.16, 15.20, 15.24 or 15.36 or of any permit or exception granted thereunder, shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable as set forth in Chapter 1.12. No suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof that the violator shall comply with the provisions which he or she has been convicted of violating and shall abate or correct the illegal condition, alteration, enlargement, conversion, movement or maintenance of any building established, constructed, operated or maintained contrary to the provisions of this title. (Ord. 193 § 26(b )(2), 1978)

15.04.130 Violation-Each day a separate offense.

Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of Chapters 15.04, 15.08, 15.12, 15.16, 15.20, 15.24 or 15.36 is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as provided in Section 15.04.120. (Ord. 193 § 26(b )(3 ), 1978)

15.04.140 Violation-Notice of pendency.

A notice of pend ency of administrative action or proceeding may be filed in the county recorder's office at the time of the commencement of action or proceeding or at any time before final judgment or order. The county recorder shall record and index the pendency of action in the name of each person specified in the action or proceeding. After all required work has been completed and approved, the director of building and safety shall record in the office of the county recorder a document terminating said notice. (Ord. 193 § 26(b )( 4 ), 1978)

15.04.150 Violation-Abatement authorized when.

In the event that any person, firm or corporation fails, neglects or refuses to demolish, remove, abate or correct a structure or condition existing in violation of this title upon his, her or its property after a civil court order or criminal conviction obtained pursuant to Sections 15 .04.100 through 15 .04.150, the city council may order the director of building and safety to demolish, remove, abate or cotTect the offending structure or condition. A statement of the cost of such work shall be transmitted to the city council who shall cause the same to be paid and levied as a special assessment against the property. (Ord. 193 § 26(b)(5), 1978) Chapter 15.08 BUILDING CODE AND BUILDING CODE STANDARDS

15.08.010 Adoption by reference.

For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the following construction codes

404.6.2.4 405.3.2.4 Less than substantial struetural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre damage state, using materials and strengths that existed prior to the damage. Nev; structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure, p�lFposc, and location. 404.6.3 mM Refereneed Standards
Standard Referenced
Reference In Code
Number Title Section Number
ASCE 31 03 Seismic Evaluation of Existing Buildings 404.6.1.1.1 405.3. l. l.1, TABLE 404.6.1.1.2 405.3.1.1.2, 404.6.1.1.3, 405.2.J.J.3
ASCE 41 06 Seismic Rehabilitation of Existing Buildings 404.6.1.1.1 405.3. l.l. J, 404.6.1.1.2 405.3.J.J.2, TABLE 404.6.1.1.2 405.3.J.J.2, 404.6.1.1.3 405.3. l.l.3
(Ord. 736 § 1, 2016; Ord. 682 § 1, 2008)
Chapter 15.62.010 ELECTRIC VEHICLE CHARGING SYSTEMS EXPEDITED, STREAMUNED PERMITTING PROCESS

15.62.010 Definitions
"Feasible method to satisfactorily mitigate or avoid the specific adverse impact" includes, but is not limited to, anycost-effective method, condition or mitigation imposed bythe City on another similarly situated application in a prior successful application for a similar permit.

SECTION 2: 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 this valalty 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 phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

SECTION 3: This Ordinance shall be infullforce and effective a minimum of thirty (30) days after passage.

The effective date of this Ordinance is January 1,-2-e2B2023.

SECTION 4: The City Clerk shall certify to the passage of this Ordinance and cause the same to be posed pursuant to Government Code Section 36933.

This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 11th day of October, 2022, and was adopted on the 8th day of November, 2022, by the following vote to wit:

Ayes:

Noes:

Abstain:

Absent:
_________________________________
Phill Dupper, Mayor
Attest:
______________________________
Lynette Arreola, 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: October 11, 2022
Approved/Continued/Denied
By City Council
TO:

FROM:

SUBJECT:
a.

City Cou nci I
Dan Har k . er, Fire C h. Ie f:;)/1
Date ---------
Public Hearing - California Fire Code [Fire Department] Council Bill # 0-2022-04 - 2022 - (First Reading/Set the Second Reading for November 08, 2022) - 2022 California Fire Code based on the 2021 International Fire Code
b. Council Bill #R-2022-38 - Adopting findings relating to the adoption of the 2022 California Fire Code
c. Council Bill #O-2022-05-(First Reading/Set the Second Reading for November 11, 2022) - Adopting the 2021 International Wildland Urban Interface Code

RECOMMENDATION
That the City Council:
a. Open the public hearing
b. Waive reading of Council Bill #0-2022-04 in its entirety; direct the Clerk to read by title only.
c. Adopt by reference the 2022 California Fire Code and the 2021 International Fire Code, with amendments by roll call vote.

BACKGROUND
The California Building Standards Commission adopts and amends the California Building Standards Code, California Code of Regulations, Title 24 (CCR, T-24), incorporating the latest editions of model codes for use throughout the State. The 2022 California Building Standards Code consists of multiple parts, including Part 9- the California Fire Code (CFC), based on the 2021 Edition of the International Fire Code (IFC) published by the International Code Council-, which will take effect on January 1, 2023. The Building Standards Law and the State Housing Law allow local governments to amend CCR, T-24 based on express findings that the amendments are necessary due to local climatic, geological or topographical conditions. The locally adopted amendments take effect upon filing, with the applicable findings, with the California Building Standards Commission.

The 2022 CFC applies to all state-regulated occupancies (buildings); but, since there are occupancies, procedures and conditions that are not regulated by the state, local government may also adopt the corresponding model code upon which the CFC is based ( i.e., the IFC).

CC AGENDA ITEM 3
The City Council introduced Council Bill #0-2022-04 on October 11, 2022 and set the public hearing for November 8, 2022.

ANALYSIS
The adoption of the latest edition of the model fire code every three years is a standard procedure utilized by the City of Loma Linda since incorporation. This cycle the model fire code utilized by the California Building Standards Commission is the 2021 Edition of the International Fire Code. Since the Building Standards Commission determined that the IFC contains certain provisions that apply to buildings throughout the state, the City has also amended those provisions as published in the CFC. Our local amendments tend to generally be consistent from adoption to adoption. However, revisions, additions and deletions are made based on need and/or the further development of language contained within the model code.

FINANCIAL IMPACT
None anticipated.

Exhibit A: 2022 California Fire Code Resolution.

Exhibit B: 2022 California Fire Code amendments and adoption ordinance.

Exhibit C: 2021 International Wild land Urban Interface Code amendments and adoption ordinance.

EXHIBIT A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA

TO COMPLY WITH THE STATE OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 17958, 17958.5, AND 17958.7 RELATING TO THE ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA FIRE CODE WHEREAS, Health and Safety Code Section 17958 and Government Code Section 50022 empowers the City to adopt by reference the California Building Standards Code, including the California Fire Code; and
WHEREAS, Health and Safety Code Section 17958.5 authorizes the City to make amendments to said California Fire Code on the bases of local climatic, geological, or topographical condition; and
WHEREAS, Health and Safety Code Section 17958.7 requires that before making any modifications or changes pursuant to Section 17958.5, the governing body of a City or County shall make an express finding of local necessity that such modifications or changes are needed; and
WHEREAS, the City Council is informed and finds that these climatic, geological and topographical conditions include, but are not limited to the following conditions:

1. The area of the City of Loma Linda receives relatively low amounts of precipitation, and experiences very low relative humidity levels and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, the measured rainfall was recorded from the gauge at the City’s Headquarters Fire Station and the recorded temperatures were recorded at the San Bernardino County Flood Control District Office located at 825 E. 3rd St., San Bernardino for the last three years.
2019: Maximum temperatures greater than 100°F recorded during the months of June, July, and August. Total recorded annual rainfall of 19.26 inches, with no rain measured in the months of June, July, August, September, and October
2020: Maximum temperatures greater than 100°F recorded during the months of July, August, and September. Total recorded annual rainfall of 11 inches, with no rain measured in the months of July, August, September, October, and December. 2021: Maximum temperatures greater than 100°F recorded during the months of June, July, August, September, and October.

Total recorded annual rainfall of 5.75 inches, with no rain measured in the months of June, August, and September.

2. The area of the City of Loma Linda is subject to extremely strong winds, commonly referred to as “Santa Ana Winds,” which can reach speeds of more than 40 miles per hour. Extensive damage often occurs during such winds including downed trees, power lines, utility poles and utility service lines. These conditions cause:
a) Fires;
b) Impairment of emergency apparatus access;
c) Delays in response times of emergency apparatus; and d) The depletion of apparatus readily available for fire suppression activities.

Specific amendments to the California Fire Code contained in Ordinance No. 758 pursuant to this express finding of local necessity are made to Sections: 901.7, 903.2.1.1. 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.4, 903.2.4.1, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1, 903.2.11, 903.2.11.1, 903.2.11.3, 903.2.19, 903.3.1.3, 903.7, 903.8, Fire Sprinklers; 903.3.10, Water Supply; 905.4 Hose Connections; 910.1 Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains; 910.3.4 Smoke and Heat Vents; 914.12 Special Requirements for Group F, M, S-1 or S-2 Distribution Warehouses greater than 50,000 square feet in floor area; Table 3206.2 High Piled Combustible Storage; 5601 Fireworks; 4902 & A104.5 WildlandUrban Interface Fire Area;-1204, 1206.2 Solar Photovoltaic systems; 304.1 Combustible waste material; 905.3 Standpipe system height; 4914, Fire Protection Plan; Appendix B B105.2 Reduction in Required Fire-flow; and Appendix B, B105.7.1 and B105.7.2 Two points of connection creating a Fire Loop system.

3. Within the area of the City of Loma Linda there are three earthquake faults:
a) the San Jacinto Fault;
b) the Loma Linda Fault;
c) the Beaumont-Banning Fault.

Numerous other faults lie in close proximity, including the San Andreas Fault. In the event of a severe earthquake, these faults present the potential for catastrophic damage, including extensive damage to buildings, fire, and damage to major infrastructure including water and sewer distribution lines, roadways, bridges across a major storm drain and railroad right-of-way, and other impairments to the movement of emergency apparatus.

Specific amendments to the California Fire Code contained in Ordinance No. 758 pursuant to this express finding of local necessity are made to Sections: 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.4, 903.2.4.1, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1,903.2.11, 903.2.11.1, 903.2.11.3, 903.2.19, 903.3.1.3, 903.7, 903.8, Fire Sprinklers; 903.3.10, Water Supply; 905.4 Hose Connections; 910.1 Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains; 910.3.4 Smoke and Heat Vents; 914.12 Special Requirements for Group F, M, S-1 or S-2 Distribution Warehouses greater than 50,000 square feet in floor arear; Table 3206.2 High-piled Combustible Storage; 5601 Fireworks; 4902 Wildland-Urban Interface Fire Area; 1205 Solar Photovoltaic systems; 304.1 Combustible waste material; 905.3 Standpipe system height; 4914 Fire Protection Plan; Appendix B B105.2 Reduction in Required Fire-flow, and Appendix B, B105.7.1 and B105.7.2 Two points of connection creating a Fire Loop System.

4. Within the area of the City of Loma Linda development has occurred and continues to occur which has resulted in severe traffic congestion during peak hours. This development includes high-rise structures, institutional, commercial, industrial and residential structures. Development has occurred within that portion of the City known as the Loma Linda Hills where roadways have been built in areas of severe topographical conditions including street and driveway grades in excess of 12%. Such traffic congestion and severe roadway conditions extend the time for emergency vehicles to reach the scene of fires and other emergencies. Such drastic changes in elevation may also at a acritical time effect water systems, delivery or pressures within the Cities water network.

Specific amendments to the California Fire Code contained in Ordinance No. XXX pursuant to this express finding of local necessity are made to Sections: 901.7, 903.2.1.1. 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.4, 903.2.4.1, 903.2.7, 903.2.8, 903.2.9, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1, 903.2.11, 903.2.11.1, 903.2.11.3, 903.2.19, 903.3.1.3, 903.7, 903.8, Fire Sprinklers; 903.3.10, Water Supply; 905.4 Hose Connections; 910.1 Smoke and Heat Vents, Mechanical Smoke Exhaust Systems and Draft Curtains; 910.3.4 Smoke and Heat Vents; 914.12 Special Requirements for Group F, M, S-1 or S-2 Distribution Warehouses greater than 50,000 square feet in floor area; Table 3206.2 High Piled Combustible Storage; 5601 Fireworks; 4902 & A104.5 WildlandUrban Interface Fire Area;-1205, 1205.2 Solar Photovoltaic systems; 304.1 Combustible waste material; 905.3 Standpipe system height; 4914, Fire Protection Plan; Appendix B B105.2 Reduction in Required Fire-flow; and Appendix B, B105.7.1 and B105.7.2 Two points of connection creating a Fire Loop system.

WHEREAS, the City Council is informed and finds that because the City is subject to the above referenced climatic, geological, and topographical conditions that amendments to the California Fire Code, 2022 Edition, are necessary to protect life and property, and that such amendments are to deal with the following issues: 1) high fire hazard areas; 2) water supplies; 3) fire extinguishing systems and sprinkler systems, and 4) the storage, handling and use of flammable and combustible liquids and hazardous materials;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda does hereby establish that the modifications to the 2022 California Fire Code, as outlined in Ordinance No.XXX are necessary due to local climatic, geographical and topographic conditions.

BE IT FUTHER RESOLVED that a copy of this Resolution be forwarded to the State of California Building Standards Commission;
BE IT FURTHER RESOLVED that a copy of this Resolution shall be incorporated and filed with Ordinance No. XXX
PASSED, APPROVED AND ADOPTED this 8
th day of November, 2022, by the
following vote:

Ayes:

Noes:

Abstain:

Absent:

Phill Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk

EXHIBIT B
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA ADOPTING AND AMENDING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, ADOPTING AND AMENDING THE 2021 EDITION OF THE
INTERNATIONAL FIRE CODE AND REPEALING CHAPTER 15.28 OF THE MUNICIPAL CODE.

The City Council of the City of Loma Linda does hereby ordain as follows:

SECTION 1. Chapter 15.28 of Title 15 of the Loma Linda Municipal Code is hereby amended to read as follows:

Chapter 15.28

FIRE CODE
Sections:

15.28.010 Findings and Adoption of the California Fire Code and the International Fire Code

15.28.020 Definitions

15.28.030-810 Amendments to the California Fire Code and the International Fire Code

15.28.010 Findings and Adoption of the California Fire Code and the Internarional Fire Code (a) FINDINGS. The City Council of the City of Loma Linda hereby finds and determines:

1. That the International Code Council (ICC) is a private organization which has been in existence for a period of at least three years.

2. That the International Fire Code (IFC), 2021 Edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

3. That said International Fire Code has been printed and published as a code in book form within the meaning of Section 50022.2 et seq. of the California Government Code.

4. That the California Fire Code (CFC), also known as the California Code of Regulations, Title 24, Part 9 - a portion of the "California Building Standards Code" as defined in the "California Building Standards Law" commencing with Section 18901 of the Health and Safety Code - is assigned to the California Building Standards Commission, which by law is responsible for approving all building standards within the State of California. The 2022 edition of the California Fire Code incorporates by reference the 2021 edition of the International Fire Code, with necessary California amendments.

5. That one copy of the 2022 California Fire Code and 2021 International Fire Code, certified by the Clerk of the City of Loma Linda to be a true copy, have been filed for use and examination by the public in the Fire Prevention office of the Fire Department of the City of Loma Linda.

6. The sections of said California Fire Code and International Fire Code may be referred to by the number used in said published compilation, preceded by the words "California Fire Code Section" or International Fire Code Section” or "Fire Code Section," and may also be referred to by additional reference to the Loma Linda Municipal Code and sections therein pertaining to said California Fire Code and International Fire Code.

EXHIBIT B

7. That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents and workers within the City of Loma Linda. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions, and comply with existing state laws and regulations. Express findings of local necessity supporting the additional requirements and standard listed herein are found in Resolution No. adopted by the City Council.
(b) ADOPTION OF THE CALIFORNIA FIRE CODE AND THE INTERNATIONAL FIRE CODE.

The City Council of the City of Loma Linda hereby adopts and amends the 2022 Edition of the California Fire Code, and California Fire Code Appendix Chapter 4, and California Fire Code Appendices B & bb, C & cc, D and H; as compiled and adopted by the California Building Standards Commission.

The City Council of the City of Loma Linda hereby adopts the 2021 Edition of the International Fire Code, as compiled and published by the International Code Council.

15.28.020 Definitions.
(a) Wherever the word "Jurisdiction" is used in said Fire Code, it shall mean the City of Loma Linda. (b) Wherever the term "Corporation Counsel" is used in said Fire Code, it shall mean the City Attorney for the City of Loma Linda.
(c) Wherever the term "Fire Department" is used in said Fire Code, it shall mean the Fire Department of the City of Loma Linda.
(d) An employee of the Fire Department of the City of Loma Linda, when enforcing the California Fire Code, the International Fire Code, the Loma Linda Municipal Code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "Peace Officer" as those words are used in Section 830.31 of the California Penal Code.

15.28.030
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Loma Linda, hereinafter referred to as “this code.”

15.28.040
Section 104.7 is hereby amended to read as follows:
104.7 Liability. The fire chief, the fire code official and other individuals charged by the fire chief with the control or extinguishment of any fire, the enforcement of this code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties. Any suit brought against the fire chief, fire code official or such individuals because of such act or omission performed in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code

EXHIBIT B
enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction subject to the provisions of Government Code Section 825.

This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.

15.28.050
Section 104.11 is hereby amended to read as follows:
104.11 Fire investigations. The fire code official and the fire department shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or tother hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.

15.28.060
Section 104.13 is hereby added to read as follows:
104.13 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1.

Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the public agency in the same manner as in the case of an obligation under contract, expressed or implied.

15.28.070
Section 104.14 is hereby added to read as follows:
104.14 Expense for Securing an Emergency. The expense of securing any emergency or hazard which is the result of a violation of this code or any other code, ordinance or State law, or any damages caused by malicious mischief requiring any corrective or preventive actions conducted by the fire department may be a charge against the person(s) or entity whose such emergency or action may constitute a debt of such person(s) or entity and shall be collectible as provided below.

1. The fire chief may impose the reasonable cost of fire prevention, fire suppression, and protection of the public from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:

A. Manufacture, transportation, storage, handling, or spilling of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents as defined in Article 2 of this Code;

EXHIBIT B
B. Failure to correct a hazardous condition for which a "Notice of Violation", or equivalent notice, has been previously given by the chief; C. Use of welding equipment, cutting torch, tar pot, or other open flame device; D. Permitting or causing the accumulation of hazardous or flammable materials; E. Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation;
F. Creating, allowing, or maintaining a fire hazard.

2. Determination to Charge Cost. Whenever the fire chief determines that the fire department or other public agency has incurred costs for fire suppression, fire prevention, or protection of the public safety when a fire or other hazardous condition has resulted from the activities specified in this section, he or she shall:

A. Calculate the costs incurred;
B. Identify the person or persons to be charged for those costs; and C. Send a report with this information to the City Clerk.

3. Calculation of Costs Incurred. The "costs incurred" shall include all necessary expenditures to correct the hazardous condition or extinguish the fire, including, but not limited to:

A. The cost of personnel;
B. The cost of extinguishing agents;
C. The reasonable value of the use of City equipment;
D. The cost incurred by use of a private contractor to mitigate or remove the hazard or condition; and
E. Any and all administrative costs incurred pursuant to Chapter 3.28 of the Municipal Code.

4. Reimbursement Hearing Set. The City Clerk shall, thereupon, set the report and account for hearing by the City Council at a regular or adjourned meeting which will be held at least 14 calendar days after the date the Clerk mails the notice; and shall send by regular mail a Notice of said hearing to the person or entity to be charged at the person's or entity's address as shown on the last equalized tax assessor's roll, or as otherwise known to the City.

5. Notice to Person to be Charged. The Notice sent by the City Clerk to the responsible person(s) or entity shall contain:

A. The name of the person(s) or entity sought to be charged; B. The location, date, and time of the evidence upon which the claim for reimbursement is based;
C. The amount of, and the basis upon which claim for reimbursement is made; D. The date, time and place of the hearing on the claim for reimbursement with a statement on the rights of the person or entity to be heard for presenting evidence at said hearing;
E. The fire chief's account of the sum claimed to be due.

6. Procedure for Hearing Before the City Council. At the hearing on the fire chief’s account and other evidence upon which reimbursement is sought, the City Council shall hear and consider evidence by the person or entity against which reimbursement is sought; and thereafter, confirm or disallow the account, in all or in part, and set forth in a resolution the amount of the account confirmed, if any. Thereafter, any

EXHIBIT B
amount confirmed by a resolution of the City Council shall become a debt owing to the City of Loma Linda and is collectible by the City in the same manner as in the case of an obligation under contract expressed or implied.

15.28.080
Section 105.2.5 is hereby added to read as follows:
105.2.5 Permit Fees. Permit fees as established by City Council Resolution shall be collected by the Finance Department. Proof of receipt shall accompany all applications for permit applications prior to inspection and approval by the fire code official.

15.28.090
Section 105.2.6 is hereby added to read as follows:
105.2.6 Fees Not Refundable. Permit fees shall not be refundable for any reason after initiation of inspection procedures.

15.28.100
Section 106.1.1 is hereby added to read as follows:
106.1.1 Inspection fees. The fire code official is authorized to collect appropriate fees for inspections according to City Council Resolution establishing fees.

15.28.110
Section 112.4 is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine of a fine of not more than one hundred dollars ($100.00) for a first violation; a fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the within one year. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

15.28.120

Section 112.4.1 is hereby amended to read as follows:
112.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. The expense of such action may be made a lien upon the property upon which such condition exists.

EXHIBIT B

15.28.130
Section 113.4 is hereby amended to read as follows:
113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to violation penalties pursuant to Section 109.4.

15.28.140
Sections 202 is hereby amended to add as follows:
202 General Definitions
FLOW-LINE. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

GROUND COVER. A plant that naturally grows close to the ground and does not exceed 18 inches in height at full maturity.

HAZARDOUS FIRE AREA. Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.

15.28.150
Section 304.1.2 is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49 and Loma Linda Fire Department vegetation management guideline.

15.28.160
Section 305.6 is hereby added to read as follows:
305.6 Sparks from chimneys. Chimneys used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is used shall be equipped and maintained with an approved spark arrester. The spark arrester shall be constructed of 24-gauge stainless steel, 12-gauge copper or brass, 19-gauge woven galvanized wire mesh, or of materials with equivalent heat and corrosion resistance. Openings shall not permit the passage of spheres having a diameter larger than 1/2 inch (13 mm) and shall not block the passage of spheres having a diameter of less than 3/8 inch (10 mm). The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. The net free area of the spark arrester shall not be less than 4 times the net free area of the outlet of the chimney.

15.28.170
Section 305.7 is hereby added as follows:

EXHIBIT B
305.7 Outdoor fires. Outdoor fires shall be in accordance with Sections 305, 307, and 308 and with other applicable sections of this code.
305.7.1 Where prohibited. Outdoor fires shall not be built, ignited or maintained in fuel modification areas, Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or Special Fire Protection Areas (SFPA) or other locations where conditions could cause the spread of fire to the WRA, SFPA or FHSZ, except by permit from the fire code official.

Exceptions: A permit is not required for the following:

1. Fires in approved outdoor or portable fireplaces, fire pits, fire rings and similar devices at Group R occupancies that are installed and used in accordance with this code.

2. Outdoor fires at inhabited premises or official organized campsites or parks when located in a permanent or portable barbeque or grill, incinerator, or outdoor fireplace located at least 30 feet from combustible vegetation.

3. Installations or uses approved by the fire code official.

15.28.180
Section 308.3 is hereby amended to read as follows:
308.3. Religions ceremonies. Candles held in a persons’ hands shall not be permitted. Batteryoperated simulated candles are allowed. A permit is not required for battery-operated candles or other electric candles.

15.28.190 Definitions.

Section 312.2 is hereby amended to read as follows:
312.2 Posts. Guard posts shall comply with all of the following requirements:

1. Constructed of steel not less than 6 inches (152 mm) in diameter and concrete filled.

2. Spaced not more than 4 feet (1219 mm) between posts on center.

3. Set not less than 3 feet (914 mm) deep in a concrete footing of not less than a 15 inch (381 mm) diameter.

4. Set with the top of the posts not less than 3 feet (914 mm) above the ground.

5. Located not less than 3 feet (914 mm) from the protected object.

15.28.200
Chapter 4: Emergency Planning and Preparedness Adopt only the Sections listed below:

1. 401-401.9

2. 402

3. 403.1

4. 403.2

5. 403.4-403.4.4

6. 403.10.2.1.1

7. 403.10.6

8. 403..12 – 403.12.3

9. 404.5– 404.6.6

EXHIBIT B

10. 407

15.28.210
Section 501.1 is hereby amended to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and the City of Loma Linda Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Loma Linda Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line.

15.28.220
Section 503.2.3 is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with an approved concrete or asphalt covering so as to provide all-weather driving capabilities. Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfacing.

Exception: When approved by the fire code official rural road where grades do not exceed 8%, the the use of native materials or gravel, when compacted to 95%, can be utilized.

15.28.230
Section 503.2.7 is hereby amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be a maximum of twelve percent (12%).

Exception When approved by the fire code official the grade may exceed tweleve percent (12%) for short distances when approved mitigation measures are utilized.

15.28.240
Section 503.4 is hereby amended to read as follows:
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Any obstruction or impedance to reasonable access may be removed at the order of the fire code official or the fire department, with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.

15.28.250
Section 504.5 is hereby added as follows:
504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.

Where:

EXHIBIT B
H = Height of the windowsill measured from the exterior ground surface P = 3’ ladder pad

15.28.260
Section 504.5.1 is hereby added as follows:
504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3-foot x 3-foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.

15.28.270
Section 505.1 hereby amended to read as follows:
505.1 Address Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Address numbers and building identification shall contrast with their background. Address numbers and building identification shall be Arabic numerals or alphabet letters. New residential buildings that contain not more than two dwelling units shall have minimum 4 inch (102 mm) high numbers, with a minimum stroke width of ½ inch (13 mm), and shall be internally illuminated by means of a low voltage power source during the hours of darkness. Where building setbacks exceed 100 feet (30 m) from the street or road, additional non-illuminated 4 inch (102 mm) numbers shall be displayed at the property entrance. Other buildings shall have minimum 8 inch (203 mm) high numbers, with a minimum stroke width of 1 inch (25 mm). Such address numbers shall be electrically illuminated by an internal or external source furing the hours of darkness. Buildings with a total floor area of 100,000 square feet (9290 m2) or greater shall have minimum 12 inch (305 mm) high numbers, with a minimum stroke width of 1½ inches (38 mm). Such address numbers shall be electrically illuminated by an internal or external source during the hours of darkness. Where building setbacks exceed 200 feet (61 m) from the street or road, additional non-illuminated 6 inch (152 mm) high numbers shall be displayed at the property entrance. Individual suite addresses shall be displayed with minimum 4 inch (102 mm) high constrasting numbers or letters placed on the front and rear doors of tenant areas in buildings, where applicable.

15.28.280
Section 505.1 is hereby amended to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exceptions:

For Group R-3 and Group U occupancies, the distance requirement shall be not more than 600 feet (183 m). This distance may be further modified by the fire code official for such occupancies when buildings are equipped throughout with an approved fire sprinkler system installed in accordance with Section 903.3.1.3.

15.28.290

EXHIBIT B
Section 509.3 is hereby added to read as follows:
509.3 Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather-resistant enclosure with at least one exterior access dooor of not less than 3’-0” by 6’-8”.

15.28.300
Section 509.3 is hereby added to read as follows:
509.3 Access to equipment in multi-unit buildings. When automatic fire sprinkler systems or fire alarm systems are installed in buildings constructed for multiple tenants and these systems protect multiple tenant spaces, the main controls and control appurtenances, such as risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather-resistant enclosure with at least one exterior access dooor of not less than 3’-0” by 6’-8”.

15.28.310
Section 901.7 hereby added to read as follows:
901.11 Problematic systems. In the event of a failure of a fire protection system or 2 or more alarms in a week where the fire code official finds no evidence of a situation requiring a response, the fire code official is authorized to require the building owner or occupant to provide with at least one approved means for notification of the Fire Department and the building to be placed on fire watch by a trained third party company.

15.28.320
Section 903.2 is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
a) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided when the gross area of the building exceeds 200 ft2..

Exception: Group R-3, occupancies shall comply with sections 903.2.8 b) Alteration: When the floor area of the Alteration within any two-year period exceeds 50% of area of the existing structure and the existing structure exceeds 5,000 ft2. c) Addition: Sprinkler protection shall be provided throughout the entire building when:

1. Existing building less than 5,000 ft2: where 33% or more is added and the gross floor areas exceeds 5,000 ft2.

2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2is added.

EXHIBIT B

15.28.330
Section 903.2.8 is hereby amended as follows:
903.2.8. Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:
a) New buildings: An automatic sprinkler system shall be installed throughout all new buildings. b) Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

1. When an addition is 33% or more of the existing building area, as defined in Section 502.1, and greater than 1000 square feet (92.903 m2 ) within a two-year period; or

2. An addition when the existing building is already provided with automatic sprinklers; or

3. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building/Fire Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.

15.28.340
Section 903.3.5.3 is hereby added to read as follows:
903.3.5.3 Water supply for areas without City water service. In areas without City water service, buildings where the fire area exceeds 200 square feet (19 m2) shall be provided with an approved automatic sprinkler system. Group R-3 occupancies shall be provided with on-site water storage for a minimum 10 minute sprinkler demand. When approved by the fire code official, on-site water storage for other than Group R occupancies may be reduced to that required for an approved 30 minute sprinkler demand. These flows and duration do not consider the needs required to provide domestic service. All sprinkler systems shall be suitably freeze-protected for climatic conditions when necessary.

Exception: When approved by the fire code official, detached Group U private garages accessory to a Group R-3 occupancy, when located 50 feet (15,240 mm) or more from property lines or dwellings.

15.28.350
Section 903.4 is hereby amended by modifying item 1, deleting item 5 and 8, and renumbering the Exceptions as follows:

1. Automatic sprinkler systems protecting one- and two-family dwellings. Exterior alarm specified by Section 903.4.2 shall apply.

2. Limited area systems serving fewer than 20 sprinklers.

3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.

4. Jockey pump control valves that are sealed or locked in the open position.

5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

EXHIBIT B

6. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position.

15.28.360
Section 903.7 is hereby added to read as follows:
903.7 Area Increase and Reconstruction. Every existing building or structure relocated or moved onto a property, every building or structure which as a result of fire, earthquake, or other disaster requires demolition and reconstruction exceeding fifty percent (50%) of its original area; or every existing building or structure receiving an addition exceeding fifty percent (50%) of the original area, or a remodel that involves demolition, relocation or reconstruction of existing walls or other structural members exceeding fifty percent (50%) of the original area, or a combination addition and/or remodel, shall have an approved automatic sprinkler system installed throughout therein.

15.28.370
Section 903.8 is hereby added to read as follows:
903.8 Change in Use. Changes made in the character or use of an occupancy shall be approved by the building official and the chief. When there is a change of use or occupancy of a building which exceeds 5,000 square feet in floor area which would place the building in a different division of the same group of occupancy or in a different group of occupancies, the occupancy shall be provided with an approved automatic sprinkler system throughout, unless the proposed use is less hazardous based on fire or life safety risk, than the existing use.

15.28.380
Section 905.3.1 is hereby added to read as follows
905.3.1 Height. In other than Group R-3 and R3.1 occupancies, Class IIII standpipe systems shall be installed throughout each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144mm) above the lowest level of fire department vehicle access.

2. Buildings are three stories in height.

3. Building where the floor level of the lowest story is located more than 30 feet (9144mm) below the highest level of fire department vehicle access.

4. Buildings that are two or more stories below the highest level of fire department vehicle access.

15.28.390
Section 905.4 is hereby amended by adding item number 7 to read as follows:

7. When required by other provisions of this code, 2½ inch hose connections, meeting the requirements of this section and fire department standards, shall be located at every other exterior fire department access door as defined by Section 3206.7 and arranged so that every portion of the building and its contents can be reached with 150 feet of hose and stream.

EXHIBIT B

15.28.400
Section 905.4 is hereby amended to read as follows:
910.1 General. Where required by this code or otherwise installed, smoke and heat vents or mechanical smoke exhaust systems and draft curtains shall conform to the requirements of this section.

Exceptions:

1. Frozen food werehouses used solely for storage of Class I and II commodities where protected by an approved automatic sprinkler system.

2. Deleted.

3. Deleted.

15.28.410
Section 912.2 is hereby revised as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connection shall be located within 100 feet of a public fire hydrant. The fire hydrant that supports the FDC shall be on the same side of the street. A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant.

15.28.420
Section 914.12 is hereby added to read as follows:
914.12 Special requirements for Group F, M, S-1 or S-2 distribution warehouses greater than 50,000 square feet in floor area. Buildings classified primarily as Group M, Group S-1 or S-2, with no more than 10% of the building square footage occupied with accessory uses, in which the primary use is wholesale or retail sales of bulk products or packaged materials, or for the storage of commodities for distribution, shall be in accordance with this section. 914.12.1 Fire Control Room. A fire control room for fire department opertations shall be provided. The location and accessibility of the fire control room shall be approved by the fire code official. The fire control room shall be separated form the remainder of the building by walls and ceilings not less than one-hour fire partitions. The room shall be a minimum of 96 square feet (9 m2) in area, with a minimum dimension of 8 feet (2438 mm). The room shall contain the following as a minimum:

1. The fire alarm control unit and associated equipment.

2. Annunciator panel displaying status of sprinkler control valves and waterflow detectors.

3. Main controls and indicators for mechanical smoke exhaust systems.

4. Graphic with schematic indicating building floor plans, means of egress, fire protection systems, firefighting equipment and access.

EXHIBIT B

5. Other firefighting equpment and system controls as required by the fire code official.

6. Emergency lighting powered by the standby electrical system. 914.12.2 Standpipe systems. A class I standpipe system shall be provided, with hose connections located at fire department access doors as required by Section 905.4. The system may be inerconnected with the building automatic sprinkler systems, and may be supplied by adjacent systems or by a separate riser. Standpipe systems shall conform to the requirements of NFPA 14.
914.12.3 Fire department graphic. A printed graphic with schematic diagrams of the building automatic sprinkler systems, fire alarm systems, means of egress, standpipe systems, smoke exhaust systems, access doors, and any other equipment as required by the fire code official shall be superimposed over a building floor plan or site plan and mounted on the wall in a highly visible location in the fire control room. The graphic shall be durable and waterproofed.

15.28.430
Section 1205.2 is hereby amended to read as follows:
1205.2 Access and pathways. Roof access, pathways and spacing requirements shall be provided in accordance with Sections 1205.2.1 through 1205.3.3. Pathways shall be over areas capable of supporting fire fighters accessing the roof. Pathways shall be located in areas with minimal obstructions, such as vent pipes, conduit or mechanical equipment.

Exceptions:

1. Deleted

2. Roof access, pathways and spacing requirements need not be provided where the Fire Code Official determined that rooftop operations will not be employed.

15.28.440
Section 1205.2.1 Exception 2 is herby deleted.

15.28.450
Section 1205.2.3 Exception is hereby ameded as follows:

Exception . Building-Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.

15.28.460

EXHIBIT B
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those Sections and Subsections listed below:

1. 11.3.3.3

2. 1103.7

3. 1103.7.3

4. 1103.7.3.1

5. 1103.7.8 – 1103.7.8.2

6. 1103.7.9 – 1103.7.9.10

7. 1103.8 – 1103.8.5.3

8. 1103.9.1

9. 1107

10. 1113

11. 1114

12. 1115

13. 1116

15.28.470
Section 4906.2 is hereby revised by as follows:
4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and City of Loma Linda Vegetation Management Guidelines.

15.28.480
Section 4906.4.2.1 is hereby revised by as follows:
4906.4.2.1 Non-fire-resistant vegetation. New trees not classified as fire-resistant vegetation, such as conifers, palms, pepper trees and eucalyptus species, shall not be permitted within fuel modification zones.

15.28.490
Section 4911 is hereby added as follows:
4911 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.

EXHIBIT B

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the City of Loma Linda Vegetation Management Guidelines.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

15.28.500
Section 5001.5.2 is hereby amended by modifying the starting paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include City of Loma Linda Classification Disclosure Statement, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Disclosure Statement shall include the following information and formatted as specified in the City of Loma Linda Chemical Classification Disclosure Statement:

1. Product Name

2. Component

3. Chemical Abstract Service (CAS) number

4. Location where stored or used.

5. Container size

6. Hazard classification

7. Amount in storage

8. Amount in use-closed systems

9. Amount in use-open systems.

15.28.510
Section 5501.1.3 is herby added as follows:
5501.1.3 Flammable Cryogenic Fluids. Flammable cryogenic fluids shall not be permitted to be stored, dispensed, or used unless approved by the fire code official. The fire code offical shall determine if such storage, dispensing, or use will not create an unacceptable threat to the occupants and property owners.

15.28.520
Section 5601.2.5 is hereby added as follows:
5601.2.5 Retail Fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited.

Exception: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator

15.28.530

EXHIBIT B
Section 5601.3.6 is hereby added as follows:
5601.3.6 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.

15.28.540
Section 5608.2 is hereby added as follows:
5608.2 Firing. All fireworks displays shall be electrically fired.

15.28.550
Section 5614 is hereby added as follows:
5614 Explosives and blasting. Explosives and blasting agents shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildlandurban interface areas, or hazardous fire areas except by permit from the fire code official.

15.28.560
Section 5704.2.1 is hereby added as follows;
5704.2.1 Storage of Class I and II liquids. The storage of Class I and Class II liquids in outside aboveground unprotected tanks is prohibited.

Exception: Where the fire code official determines, with specific documented findings, that such an installation will not create a hazard to life or property in the area.

15.28.570
Section 5707.1 is hereby amended by as follows:

Sections 5707.1 General. On-demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall be prohibited.

15.28.580
Sections 5707.2 through 5707.6 is hereby deleted without replacement.

15.28.590
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

15.28.600

EXHIBIT B
NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 ½” inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly.

Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick-response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped with standard-response sprinklers
(6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems
Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

Section 19.1.1.1is hereby added as follows:

19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area.

Warehouse fire sprinkler systems shall be designed to Figure 21.4.1.2.2.1 (d) curve “D”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.

Section 16.9.10.2 is hereby deleted without replacement.

Section 16.9.10.3 is hereby deleted without replacement.

Section 16.9.10.4 is hereby deleted without replacement.

15.28.610

EXHIBIT B
NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and TwoFamily Dwellings and Manufactured Homes is hereby amended as follows:

Section 5.1.3 is hereby added as follows:

5.1.3 Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:

5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

Section 5.1.3.2 is hereby added as follows:

5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.

Section 5.1.3.3 is hereby added as follows:

5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 oF (38oC).

Section 5.1.3.4 is hereby added as follows:

5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

Section 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.

15.28.620
NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

15.28.630
NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
(5) Control Valves installed in a fire-rated room accessible from the exterior. (6) Control valves in a fire-rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.

Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.

EXHIBIT B
Section 6.3.3 is hereby added as follows:

Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch-wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.3.7 Bolts is hereby added as follows:

10.3.7 Bolts. All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly-tube, and after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.3.1 is hereby deleted and replaced as follows:

10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

Section 10.4.3.1.1 is hereby revised as follows:

10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.

15.28.640
Appendix A is deleted in its entirety.

15.28.650
Appendix B is adopted in its entirety with the following amendments.

15.28.660
Section B105.2 of Appendix B is hereby amended by amending the Exception to read as follow:

EXHIBIT B
Exception: A reduction in required fire-flow of up to 50 percent (50%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1.

15.28.670
Section B-107 is hereby added to read as follows:

Section B-107
Underground Fire Loop Requirements
B- 107.1 General: Commercial; Industrial; Institutional; Multi-Family Residential, will require a dedicated Two (2) point of commection looped fire water system fed from appropriately sized water mains.

B-107.2 Specifics: Any development within the City of Loma Linda that consists of more than a single structure on a commercially developed site; multiple floor commercial structures; multifamily commercial residences or fire flow requirements in excess of 2000 gpm will require a two point of connection full looped fire supply to the development. All required onsite fire hydrants will be supplied from this looped system and will be private to the development.

Exception: When approved by the fire code offical.

15.28.680
Appendix C is adopted in its entirety with the following amendments:

Section C103.1 is hereby revised as follows:

C103.1 Hydrant Spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall not exceed 300 feet, measured along the fire department access route. In locations where it is impractical to place a fire hydrant 40 feet from the protected structure the hydrant spacing shall be reduced to 150 feet.

Section C103.2 Average Spacing is hereby deleted without replacement.

Section C103.3 Maximum Spacing is hereby deleted without replacement.

15.28.690 Appendix CC is adopted in its entirety without amendments:

15.28.700 Appendix D is deleted in its entirety.

15.28.710 Appendix E is deleted in its entirety.

15.28.720 Appendix F is deleted in its entirety.

EXHIBIT B

15.28.730 Appendix G is deleted in its entirety.

15.28.740 Appendix H is deleted in its entirety.

15.28.750 Appendix I is deleted in its entirety.

15.28.760 Appendix J is deleted in its entirety.

15.28.770 Appendix K is deleted in its entirety.

15.28.780 Appendix L is deleted in its entirety.

15.28.790 Appendix M is deleted in its entirety.

15.28.800 Appendix N is deleted in its entirety.

15.28.810 Appendix O is deleted in its entirety.

The remainder of the section remains as adopted.

SECTION 2. Repealer. Loma Linda Municipal Code Chapter 15.28 is hereby repealed and replaced as specified in this Ordinance.

SECTION 3. Penalties. If any person shall violate any of the provisions of this Ordinance, or fail to comply with any of the mandatory requirements of this Ordinance, he shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a City Ordinance shall be punishable by (1) a fine of not more than one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same Ordinance within one year and (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Ordinance within one year. Each such person shall be deemed guilty of a separate offense for every day during such portion of which any violation of this Ordinance is committed, continued or permitted by such person, and shall be punishable therefore as provided by this Ordinance.

SECTION 4. Validity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause sentence and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared invalid.

SECTION 5. Posting. Prior to the expiration of 15 days from its passage, the City clerk shall cause this Ordinance to be posted pursuant to law in 3 public places designated for such purpose by the City Council.

This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 11th day of October 2022 and was adopted on the 8th day of November 2022 by the following vote to wit:

EXHIBIT B
Ayes:

Noes:

Abstain:

Absent:

Phil Dupper, Mayor
Attest:

Lynette Arreola City Clerk

EXHIBIT C
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA ADOPTING AND AMENDING THE 2021 EDITION OF THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE.

The City Council of the City of Loma Linda does hereby ordain as follows:

SECTION 1. Chapter 15.30 of Title 15 of the Loma Linda Municipal Code is hereby added to read as follows:

Chapter 15.30

WILDLAND-URBAN INTERFACE CODE
Sections:

15.30.010 Findings and Adoption of the International Wildland-Urban Interface Code

15.30.020 Definitions

15.30.030-220 Amendments to the International Wildland-Urban Interface Code

15.30.010 Findings and Adoption of the International Wildland-Urban Interface Code (a) FINDINGS. The City Council of the City of Loma Linda hereby finds and determines:

1. That the International Code Council (ICC) is a private organization which has been in existence for a period of at least three years.

2. That the International Wildland-Urban Interface Code (IWUIC), 2021 Edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization.

3. That said International Wildland-Urban Interface Code has been printed and published as a code in book form within the meaning of Section 50022.2 et seq. of the California Government Code.

4. That one copy of the 2021 International Wildland-Urban Interface Code, certified by the Clerk of the City of Loma Linda to be a true copy, have been filed for use and examination by the public in the Fire Prevention office of the Fire Department of the City of Loma Linda.

5. The sections of said International Wildland-Urban Interface Code may be referred to by the number used in said published compilation, preceded by the words “International Wildland-Urban Interface Code Section” or "Wildland-Urban Interface Code Section" or “WUI Code Section,” and may also be referred to by additional reference to the Loma Linda Municipal Code and sections therein pertaining to said International Wildland-Urban Interface Code. (b) ADOPTION OF THE THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE.

The City Council of the City of Loma Linda hereby adopts and amends the 2021 Edition of the International Wildland-Urban Interface Code, and International Wildland-Urban Interface Code Appendices A, B and D; as compiled and published by the International Code Council.

15.30.020 Definitions.
(a) Wherever the word "Jurisdiction" is used in said Wildland-Urban Interface Code, it shall mean the City of Loma Linda.
(b) Wherever the term “Code Official” is used in said Wildland-Urban Interface Code, it shall mean the Fire Marshal for the City of Loma Linda.
(c) Wherever the term "Corporation Counsel" is used in said Wildland-Urban Interface Code, it shall mean the City Attorney for the City of Loma Linda.
(d) Wherever the term "Fire Department" is used in said Wildland-Urban Interface Code, it shall mean the Fire Department of the City of Loma Linda.
(e) An employee of the Fire Department of the City of Loma Linda, when enforcing the International Wildland-Urban Interface Code, the Loma Linda Municipal Code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a "Peace Officer" as those words are used in Section 830.31 of the California Penal Code.

15.30.030 Section 101.1 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Wildland-Urban Interface Code of the City of Loma Linda, hereinafter referred to as “this code.”

15.30.040 Section 105.3 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
105.3 Alternative materials or methods. The code official, in concurrence with approval from the building official and fire chief, is authorized to approve alternative materials or methods, provided that the code official finds that the proposed design, use or operation satisfactorily complies with the intent of this code and that the alternative is, for the purpose intended, at least equivalent to the level of quality, strength, effectiveness, fire resistance, durability and safety prescribed by this code. Approvals under the authority herein contained shall be subject to the approval of the building official where the alternate material or method involves matters regulated by the California Building Code. The code official shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternative materials or methods. The details of any action granting approval of an alternative shall be recorded and entered in the files of the code enforcement agency. Where the alternative method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.

15.30.050 Section 107.1 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
107.1 Work exempt from permit. Unless othrwise provided in the requirements of the California Building Code, a permit shall not be required for the following: (Remainder of section remains the same.)

15.30.060 Section 109.6 of the International Wildland-Urban Interface Code is hereby added to read as follows:
109.7 Permit Fees. Permit fees as established by City Council Resolution shall be collected by the Finance Department. Proof of receipt shall accompany all applications for permit applications prior to inspection and approval by the code official.

15.30.070 Section 107.13 of the International Wildland-Urban Interface Code is hereby added to read as follows:
109.8 Fees Not Refundable. Permit fees shall not be refundable for any reason after initiation of inspection procedures.

15.30.080 Section 108.3 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
107.3 Site plan. In addition to the requirements for plans in the California Building Code, site plans shall include topography, width and prcent of grade of access roads, landscape and vegetation details, locations of structures or building envelopes, existing or proposed overhead utilities, occupancy classification of buildings, types of ignition-resistant constrction of buildings, structures and their appendages, roof classification of buildings, and site water supply systems.

15.30.090 Section 109.2.4 of the International Wildland-Urban Interface Code is hereby added to read as follows:
109.2.4 Inspection fees. The code official is authorized to collect appropriate fees for inspections according to City Council Resolution establishing fees.

15.30.100 Section 201.3 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other California or International Codes, such terms shall have the meanings ascribed to them as in those codes.

15.30.110 Section 202, definition of “BUILDING OFFICIAL,” of the International Wildland-Urban Interface Code is hereby amended to read as follows:

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of the California Building Code, or the building official’s duly authorized representative.

15.30.120 Section 202, definition of “FUEL, HEAVY,” of the International Wildland-Urban Interface Code is hereby amended to read as follows:

FUEL, HEAVY. Vegetation consisting of round wood 3 to 8 inches (76 to 203 mm) in diameter.

Heavy fuels represent dense conifer stands where there is a heavy accumulation of litter and downed woody material. See applicable National Fire Danger Rating system (NFDR), fuel models G & U as described in Appendix D.

15.30.130 Section 202, definition of “FUEL, LIGHT,” of the International Wildland-Urban Interface Code is hereby amended to read as follows:

FUEL, LIGHT. Vegetation consisting of herbaceous plants and round wood less than 1/4 inch (6.4 mm) in diameter. Light fuels represent western grasslands vegetated by annual or perennial grasses and forbs. Grasses and forbs are the primary ground fuel, but there can be enough needle litter and branch wood present from an open pine stand to contribute to the fuel loading. See applicable National Fire Danger Rating system (NFDR), fuel models A, C & L as described in Appendix D.

15.30.140 Section 202, definition of “FUEL, MEDIUM,” of the International Wildland-Urban Interface Code is hereby amended to read as follows:

FUEL, MEDIUM. Vegetation consisting of round wood 1/4 to 3 inches (6.4 mm to 76 mm) in diameter. Medium fuels represent mature, dense fields of California mixed chaparral. See applicable National Fire Danger Rating system (NFDR), fuel models B & F as described in Appendix D.

15.30.150 Section 202, definition of “FUEL MODIFICATION,” of the International WildlandUrban Interface Code is hereby added to read as follows:

FUEL MODIFICATION. A strip of land where combustible vegetation has been thinned, modified or both and partially or totally replaced with approved drought-tolerant, fire-resistant, and/or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces radiant and convective heat, thereby reducing the amount of heat exposure on the roadway or structure and providing fire suppression forces a safer area in which to take action.

15.30.160 Section 202, definition of “HEAVY TIMBER CONSTRUCTION,” of the International Wildland-Urban Interface Code is hereby amended to read as follows:

HEAVY TIMBER CONSTRUCTION. As described in the California Building Code.

15.30.170 Section 404.5, Subsection 2, Exception, of the International Wildland-Urban Interface Code is hereby amended to read as follows:

Exception: A reduction in required flow rate of up to 50 percent, as approved by the code official, is allowed where the building is provided with an approved automatic sprinkler system.

The resulting water supply shall not be less that 1,500 gallons per minute (94.6 L/s).

15.30.180 Section 404.10.3 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
404.10.3 Standby power. Stationary water supply facilities within the wildland-urban interface area dependent on electrical power to meet adequate water supply demands shall provide standby power systems in accordancce with section 604 of the California Fire Code and section 2702 of the California Building Code to ensure that an uninterrupted water supply is maintained. The standby power source shall be capable of providing power for not less than two hours. (Remainder of section remains the same.)

15.30.190 Section 501.1 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
501.1 Scope. Buildings and structures shall be constructed in accordance with the California Building Code and this code. (Remainder of section remains the same.)

15.30.200 Section 504.3 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
504.3 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by materials approved for not less than 1-hour fire-resistance-rated construction, 2-inch (51 mm) nominal dimension lumber, or 1-inch (25.4 mm) nominal fire-retardant-treated lumber or ¾-inch (19 mm) nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the California Building Code. Fascias are required and shall be protected on the backside by materials approved for not less than of 1-hour fire-resistancerated construction or 2-inch (51 mm) nominal dimension lumber.

15.30.210 Section 504.7 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
504.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or constructed of approved noncombustible materials or fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the California Building Code. (Remainder of section remains the same.)

15.30.220 Section 505.7 of the International Wildland-Urban Interface Code is hereby amended to read as follows:
505.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or constructed of approved noncombustible materials or fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the California Building Code. (Remainder of section remains the same.)

15.30.230 Section A104.5 of the International Wildland Urban Interface Code is hereby amended to read as follows:

A104.5 Equipment and devices generating heat, sparks, or open flames: Only portable BBQ’s using one pound propane fuel supply shall be allowed in all Wildland areas and community parks in the City of Loma Linda. i.e. Leonard Bailey Park, Hulda Crooks Park, Cottonwood Park, Elmer Digneo Park, Seamont Park, Ted and Lila Dawson Park.

SECTION 2. Penalties. If any person shall violate any of the provisions of this Ordinance, or fail to comply with any of the mandatory requirements of this Ordinance, he shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a City Ordinance shall be punishable by (1) a fine of not more than one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same Ordinance within one year and (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Ordinance within one year. Each such person shall be deemed guilty of a separate offense for every day during such portion of which any violation of this Ordinance is committed, continued or permitted by such person, and shall be punishable therefore as provided by this Ordinance.

SECTION 3. Validity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause sentence and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared invalid.

SECTION 4. Posting. Prior to the expiration of 15 days from its passage, the City clerk shall cause this Ordinance to be posted pursuant to law in 3 public places designated for such purpose by the City Council.

This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 11
th day of October 2022 and was adopted on the 8th day of November 2022 by the following vote to wit:

Ayes:

Noes:

Absent:

Abstain:

Phil Dupper, Mayor
Attest:

Lynette Arreola, 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: October 11, 2022
TO: City Council
SUBJECT:

RECOMMENDATION
It is recommended that this item be continued to December 13, 2022.

Approved/Continued/Denied
By City Council
Date
FROM: T. Jarb Thaipejr, City Manager/Public Works Director Approval of Precise Plan of Design No. P22-004 for the architectural styles and configuration of the 51 single-family, lot very low density, development in Planning Area 3-6 of the Groves Specific Plan [Community Development]
CC AGENDA ITEM 4
City of Loma Linda
Staff Report

CITY COUNCIL STAFF REPORT
MEETING OF OCTOBER 11, 2022
TO: City Council
FROM: Aleks R. Giragosian, Special Counsel
Phil Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date: ----
SUBJECT: Public Hearing Regarding the Composition of Draft District Maps and Sequence of Elections

RECOMMENDATION
Staff recommends the City Council conduct a third public hearing to seek public input on the composition of the draft district maps and sequence of elections under Elections Code section 10010.

ANALYSIS
Background
The City of Loma Linda is considering a potential transition to a district-based election system under Elections Code section 10010. The City Council conducted the first and second public hearings on August 9, 2022 and September 6, 2022, respectively. The first two public hearings sought residents' input on "communities of interest" and the composition of districts.

Residents were also instructed on the process to submit draft maps using either paper maps or Dave's Redistricting App (DRA), an online map drawing tool to easily draw neighborhoods or communities of interest. To date, the City received nine draft maps submitted by the public. The City's demographer, National Demographics Corporation, also submitted three for the City Council's consideration.

On October 11, 2022, the City Council will conduct a third public hearing to seek public input on the composition of the draft district maps and sequence of elections. The City Council will be asked to select a preferred map and direct amendments as necessary. Draft maps under consideration at this third public hearing were published online for public review and evaluation at least 7 days in advance of the hearing.
287406.v2
292666.vl
_______________________________________________________________________________ _________________________________
CC Agenda Item 5
City Council Sta.ff Report
October 11, 2022

In evaluating maps, the City Council must ensure that any recommended map contains districts that are substantially equal in population, as determined by the most recent federal decennial census, and that it complies with the United States Constitution and federal Voting Rights Act of 1965 ("VRA"). The City's demographer will segregate those maps that fail to satisfy these elements.

The City Council must also consider the following factors in the following order of priority in recommending a map:
• Geographic contiguity;
• Geographic integrity;
• Geographic familiarity; and
• Geographic compactness.

Geographic contiguity means the boundaries share common boarders. Boundaries that meet only at the points of adjoining comers are not contiguous.

Geographic integrity means that, to the extent practicable, the integrity of a local neighborhood or community of interest is respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with:
• political parties,
• incumbents, or
• political candidates.

The districts may include relationships based on the following non-exclusive list of factors:
• zoning designations,
• school attendance areas,
• common neighborhood issues or legislative concerns,
• areas around public spaces or other neighborhood landmarks, or • shared demographic characteristics.

Geographic familiarity means that the district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts should be bounded by natural and artificial barriers, by streets, or by the boundaries ofthe city.

Geographic compactness ensures that nearby areas of population are not bypassed in favor of more distant populations.
287406.v2
292666.vl
Reviewing Draft Maps
City Council Staff Report
October 11, 2022

On October 25, 2022, the City Council will conduct a fourth public hearing to potentially adopt a preferred district map and to consider whether to adopt an ordinance to transition to a districtbased electoral system. If the City Council desires additional time to decide, it may schedule a fifth public hearing for November 8, 2022.

PUBLIC NOTICING AND OUTREACH
The City created drawlomalinda.org, a website dedicated to the City's consideration of districtbased elections. The webpage includes the following:
• an explanation of the CVRA and the districting process; • A schedule of public hearings and map submission deadlines; • A gallery of draft maps;
• An explanation of and link to the resources available to draft a district map; • Responses to frequently asked questions;
• Resources regarding the CVRA and the districting process; and • Contact information.

A link to drawlomalinda.org is prominently displayed on the City's homepage.

On August 25, 2022, the City mailed flyers to each utility billing address in the City, informing residence of the districting process, the schedule of public hearings, the map submission deadlines, and the drawlomalinda.org website.

The City Manager contacted community groups, including the City's various committees, to inform them of the districting process.

Public hearing notices identifying the four public hearing dates for this district-election process were published in English and Spanish in the Sun Newspaper on July 31, 2022. Public hearing notices were also posted at four public locations within the City of Loma Linda on July 27, 2022.

FISCAL IMPACT
There will be significant staff and City Attorney time needed to transition to a district-based electoral system due to the need to conduct multiple public hearings. The City can also expect to incur costs related to the demographer and public outreach.

CONCLUSION
Report prepared by:

Reviewed/ Approved by:
287406.v2
292666.vl
Diane Robbins, City Attorney, and
Aleks R. Giragosian, Special Counsel
T. Jarb Thaipejr, City Manager
Next Steps

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: October 11, 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 6

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: October 11, 2022
TO: City Council
SUBJECT: Minutes of August 9, 2022

RECOMMENDATION
It is recommended that the City Council approve the minutes of August 9, 2022.

Approved/Continued/Denied
By City Council
Date _________________
CC Agenda Item 7
City of Loma Linda
City Council Draft Minutes
Regular Meeting of August 9, 2022
A regular meeting of the City Council was called to order by Mayor pro tempore Dailey at 7:06p.m.

Tuesday, August 9, 2022. Mayor Dupper participated the meeting via Zoom; Mayor pro tempore Dailey chaired the meeting.

Councilmen Present: Mayor Phill Dupper
Mayor pro tempore Ron Dailey
Bhavin Jindal
John Lenart
Rhodes Rigsby
Councilman Absent: None
Others Present: City Manager T. Jarb Thaipejr
City Attorney Diane Robbins
The Pledge of Allegiance and invocation were led by Councilman Jindal.

Items To Be Added Or Deleted
City Manager Thaipejr had no items to be added or deleted.

Oral Reports/Public Participation - Non-Agenda Items (Limited to 30 minutes; 3 minutes allotted for each speaker)
No public participation upon invitation by the Mayor pro tempore.

Scheduled and Related Items
CC-2022-66 – Presentation from the San Bernardino Valley Municipal Water District (SBVMWD) by Robert M. Tincher
Robert M. Tincher, San Bernardino Valley Municipal Water District, presented his report pertaining to the current drought and water supply conditions. He noted that the San Bernardino Basin Groundwater Council was formed to address drought situations for the San Bernardino Basin area region; that the region has been able to overcome drought by investment of nearly 1 million acre-feet from the State Water Project; that the Valley District has more storage than the State Water Project; that the San Bernardino Basin is 84% full; that Loma Linda’s water demands is approximately 5,500 acre feet of water; that with continued investment, the region has a reliable water supply portfolio into the future; that planning data is gathered for the Regional Urban Water Management Plan, which is updated every 5 years; that even though water supply is important, water conservation is encouraged and recommended from the community: that they have a plan to share water with other regions if the need is there; and he provided websites for water saving landscape tools and other resources: watersavingplants.com and socalyardtrans.com.

In response to Councilman Jindal’s question on how well Loma Linda is conserving, City Manager Thaipejr stated that Loma Linda is doing very well. He pointed out that the City has exceeded the State’s 20% mandate of water conservation and water usage. He went on to say that all residents have radio read meters.

Residents can monitor their usage and billing. The Water Department staff can also monitor water usage and be alerted of possible water leaks on properties to address more timely.

In response to questions, Mr. Tincher explained that the Santa Ana water stream is recycled and filtered water. He went on to say that they test the different levels of water in the groundwater basin for any levels of contaminants.

Milford Harrison noted that $60 million is being spent to build a new water line to be installed from the Sterling Sewage Treatment Plant to the east end of the valley where it will go to percolation ponds, which is a complete water source.

Mayor pro tempore thanked Mr. Tincher on his presentation.

City Manager announced that Lorena Matarrita will be promoted to Community Development Director. He noted that she was the best candidate interviewed and had been doing an impressive job filling in as the Acting Director.

Lorena Matarrita stated that she is excited for the opportunity. She appreciated and benefited from the leadership talents provided by Konrad Bolowich and City Manager Thaipejr. She stated that she is committed to the health and well-being of Loma Linda and welcomed the guidance from City Council.

CC-2022-67 - Public Hearing – Request for a 12-month time extension of the Precise Plan of Design No.

P20-066 for a previously approved project to construct 213 senior living apartments with a 4,200 sq. ft. supermarket.

Lorena Matarrita, Senior Planner, presented the report into evidence giving a brief recount of the project:
 the project is a 9-acre site for construction of 213 Senior Residential Apartments, located on Park Ave, within the Mission Historic District, zoned Planned Community, and in Planning Areas 2-3 and 2-4 of the Groves at Loma Linda Specific Plan;
 the applicant is requesting a 12-month extension, as allowed per the original conditions of approval;  the extension will give the applicant sufficient time to address rising economic costs and labor shortages and initiate the construction of the project;  the project’s conditions of approval as amended shall continue to address the project’s scope of development as originally approved; and
 if approved, the new expiration date would be July 28, 2023.

Mayor Dupper pointed out that City Council approved a similar senior housing project on Van Leuven St. where they granted a one-year time extension. After the approval, the developers sold the property to another entity, and the City was forced to accept another development. He was not happy how all that transpired. However, he pointed out that Council did not allow the developer to modify what was entitled. They held the developer to the same standards, and the result was a beautiful senior housing project. He is aware this is a different developer, but is hoping this won’t occur with this project.

Dave Mlynarski, Consultant for Transtech Engineers, introduced Mr. Steve Reeder, UCR Group, LLC, Tom Stodder, CFO, Westwood Management Co.; and Dan Carlone, Construction Director. He noted that after the initial project approval, they did not realize they would be faced with challenges in supply and labor issues. He explained it is the primary reason for the time extension request. He understands the Mayor’s concerns, but assured him and City Council that this will not happen with this project. He stated that the owner has made significant investments on the infrastructure; that they have a robust relationship with the lending community; and that the owner has had the most successful multi-family projects in the east valley with respect to construction and management. They intend to complete the project.

Steve Reader explained that they own the property; that their project is 100% approved by the city; that they want to complete the project; and they are asking for a time extension due to the challenges with labor and supply chain. He pointed out that other construction projects are experiencing the same struggles.

Councilman Jindal asked what separates other projects that are experiencing similar situations; why they came so late to request for the time extension; and when they would begin construction.

Mr. Mlynarski stated that he doesn’t know what projects he was referring to, but noted other projects are experiencing the same and that some may be spending more money than intended because of these issues.

He pointed out that public home builders and fellow building partners are shutting down due to similar circumstances. He explained that they are given 30 days before expiration to request for a time extension.

They met those requirements.

Mr. Reeder stated that they would begin construction within the year.

Mayor pro tempore Dailey stated that the presence of several colleagues of the project at the meeting gives him confidence the project will get completed.

The public hearing was opened and closed.

Motion by Rigsby and seconded by Lenart to find the project is exempt from the California Environmental Quality Act (CEQA); and to approve the 12-month Time Extension Request for Precise Plan of Design No. P20-066, with a new expiration date of July 28, 2023. Approval is based on the original Staff Report and Project Findings, as well as the revised Conditions of Approval; the City Clerk called roll and the motion carried unanimously.

CC-2022-68 - Public Hearing – Discussion and public input pertaining to the formation of council districts and change to district-based elections of the City Council Doug Johnson, National Demographics Corp. (NDC), provided the background of the California Voters Right Act (CVRA) of 1965, which is how City Councils are elected. He noted that, currently, Loma Linda City Council is elected through an “at large” electoral system, where council members can reside anywhere in the City and are elected by voters citywide. The City received a letter from Shenkman & Hughes on behalf of their client, Southwest Voter Registration Education Project, containing unsubstantiated allegations that the City’s at-large electoral system prevents members of the Loma Linda’s Asian and Latino communities from electing their preferred candidates and violates the CVRA.

The CVRA makes it significantly easier for plaintiffs to force jurisdictions into “by-district” election systems. The only safe harbor where the City does not risk being sued is to have district elections. A total of 154 cities have switched. The driving force is the financial costs to the City’s. Several cities in litigation have spent an estimated $16 million in total settlements. Thus far, no city has prevailed.

He concluded stating that Elections Code section 10010, subdivision (a)(l), provides that before any map or maps of the boundaries for the proposed districts are drawn, the City must conduct two public hearings over a period of no more than thirty days from the adoption of the resolution of intention. The purpose of the first and second public hearings is to inform the public about the CVRA, the difference between atlarge and district-based elections, and the "safe harbor" process under Elections Code section 10010.

Additionally, the hearings are an opportunity for members of the public to describe factors that should be incorporated into future draft maps.

Justin Levitt, NDC, explained how cities go to district elections through a process set up by the State.

Following the two initial to public hearings, he noted two additional public hearings will follow for the release and review of the draft maps; those hearing dates are October 11 and 25. They hope members of the community will submit draft maps. He discussed the deadlines to submit the maps and that, if a final map is not selected by October 25, City Council will hold a fifth public hearing, November 8. He discussed the factors in drawing the districts maps. The Redistricting Rules and Goals:
 For Federal Laws: 1) Equal population; 2) Federal Voting Rights Act; 3) No racial Gerrymandering
 California Criteria for Cities: 1) Geographically contiguous; 2) undivided neighborhoods and “communities of interest”; 3) easily identifiable boundaries; 3) Compactness; and 4) Districts shall not favor or discriminate against a political party.  Other Traditional Redistricting Principals: 1) Respect voters’ choices/continuity in office; and 2) Future population growth
 Drafting maps and defining neighborhoods: 1) Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills; 2) Areas around parks or schools; 3) Other neighborhood landmarks
He noted that each of the five (5) districts must contain about 4,971 per district. He went into detail the various demographic information based on the 2020 Census. He briefly demonstrated the online public mapping tools to draft maps. He noted hard copies maps are available for those who prefer paper.

Councilman Rigsby inquired to the logistics of the 2024 elections and how would it affect the two councilmembers who were recently elected.

Mr. Johnson explained that the establishment of the districts will have no impact on current terms. He noted Council will decide which districts are up for election and for which years. Once Council chooses a final map, Council will designate the districts who will have their elections in 2024 and which districts in 2026. It will have to be the same number of districts as the number of council up for reelection.

In response to Councilman Jindal’s question on future growth, Mr. Johnson explained that there is a small range that can adjust for future growth. They are required to use the 2020 Census numbers. However, if they know an area will grow faster in the city, they can adjust by five percent. He noted that the district maps have to be reviewed every census.

Senior Planner Matarrita asked what happens to areas annexed into the City. Mr. Levitt explained that when an area is annexed, it will be reassigned to an adjacent district. Anyone in that area will vote on an election on its assigned election cycle. Unless the population is over 25% of the districts population, it will not trigger an automatic districting. It will be viewed on the next census.

City Manager Thaipejr explained the City will be mailing flyers citywide to inform the community of these public hearings. Discussion ensued.

Mayor pro tempore Dailey opened and closed the public hearing.

Mayor pro tempore Dailey thanked Mr. Johnson and Mr. Levitt for their presentation.

CC-2022-69 - Public Hearing - Council Bill #R-2022-37 - Adopt Resolution to establish the maximum refuse collection and disposal rates effective October 1, 2022, and repeal Resolution No. 3108 City Manager Thaipejr stated that per the refuse contract with CR&R, they are entitled to a CPI increase per contract year, which the rate increase is 8.59% and the County of San Bernardino had a cost of living rate increase for the waste disposal service per the Waste Delivery Agreement (WDA) of 2.28%. The new disposal rates applied these rate increases. The new rates will go into effect October 1, 2022. The City complied with Prop 218 requirements by sending public notifications to all property owners 45 days before the public hearing informing of the rate increases. The City received nine (9) letters of protest.

Mayor pro tempore Dailey opened and closed the public hearing.

Motion by Rigsby and seconded by Dupper to adopt Council Bill #R-2022-37 establish the maximum refuse collection and disposal rates effective October 1, 2022, and repeal Resolution No. 3108; the City Clerk called roll and the motion carried unanimously.

RESOLUTION NO. 3159

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA

ESTABLISHING MAXIMUM REFUSE COLLECTION AND DISPOSAL RATES EFFECTIVE OCTOBER 1, 2022 AND REPEALING RESOLUTION NO, 3108 CC-2022-70 – Consent Calendar
Motion by Rigsby and seconded by Lenart to approve the Consent Calendar as presented; the City Clerk called roll and the motion carried unanimously.

The demands register dated:
 July 26, 2022, with commercial demands totaling $2,745,378.90 and payroll demands dated July 21, 2022 totaling $344,756.24; and
 August 9, 2022, with commercial demands totaling $1,733,301.99 and payroll demands dated August 4, 2022, totaling $368,964.65
The minutes of May 10, 2022, as presented
The July 2022 Fire Department Report for filing
Adopted Council Bill #R-2022-33 to determine the cost related to the Spring 2022 Weed Abatement Program
RESOLUTION NO. 3158

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA

ADOPTING A REPORT AND STATEMENT OF EXPENSES FOR THE SPRING 2022 WEED ABATEMENT PROGRAM AND IMPOSING A LIEN UPON

PROPERTYFOR PAYMENT THEREFOR
Approved the execution of agreement with the San Bernardino County AuditorController/Treasurer/Tax Collector for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2022-23
Awarded contract to Matich Corporation for the Pavement Rehabilitation on Birch Ave., Pecan St., Tamarack St., Cedar Wy., Murphy St., Welebir St., Loma Linda Dr., Cielo Ln., Mandarin Ct., Nicks Ave., Orange Crest Wy., Huron St., Cypress St., Almond Ct., Carrol Ct., and Allen Wy.in the amount of $1,049,625.00
Awarded contract to Silverstrand Technology, Inc., for the Public Works Corporation Yard security system in an amount not to exceed of $27,000
Awarded contract to Right-Way Roof Corporation for annual roof maintenance of the Civic Center in an amount not to exceed of $20,000
Awarded contract to McCain, Inc., for purchase of traffic signal cabinet for the intersection of California St. and Citrus Ave. in the amount of $16,700
Awarded contract to Gexpro for purchase of traffic signal pole for the intersection of California St. and Citrus Ave. in the amount of $81,500
Awarded contract to RDO Equipment Co. for the purchase of one (1) Vermeer stump grinder in the amount of $25,027.09
Awarded contract to Fairview Ford for the purchase of five (5) Ford F150 vehicles in the total amount of $214,005.10
Awarded contract to File Keepers for the implementation of the Document Management Software System for the City’s public records management program in the amount of $21,050 Awarded contract to Valew Welding & Fabrication for the purchase of one (1) F750 Dump Truck in the amount of $102,983.75
Approved an appropriation of $60,300 from Fund Balance into street expenditure account and awarded contract to Altec Industries, Inc., to purchase one (1) high lift vehicle for a total of $210,227.00 In regards to 10d and 10e, City Manager Thaipejr explained that there is a big lead time to purchase the equipment. He said that once the equipment is received, he will come back to City Council for the installation of the equipment.

OLD BUSINESS - None

NEW BUSINESS
CC-2022-71- Declare vacancies and direct the Clerk to post the vacancy notices for the following Committees/Commissions: a) Budget Committee (7); b) Parks, Recreation and Beautification Committee (6); c) Personnel Board (3); d) Planning Commission (5); e) Traffic Advisory Committee (5); f) Trails Development (8 members, but reduce to 6 members) City Manager Thaipejr explained that appointments of member’s expired terms for the various board, committees and commission had not been done since 2018. Since then all members’ terms of the above noted board, committees and commission have expired. The City is asking Council to direct staff to post the vacancy notice.

Discussion ensued pertaining to the process the Council will take to appoint the members, as well as, keeping the current staggering terms.

Motion by Dupper and seconded by Lenart to declare the vacancies and direct City Clerk to post the vacancies notices to the Board, Committees, and Commission as noted; the City Clerk called roll and the motion carried unanimously.

Reports of Councilmen
Councilman Jindal has been receiving a handful reports of dog abuse and asked if City Council would need to address this matter.

City Manager Thaipejr said they can contact him for reporting or follow up.

Reports of Officers
City Manager Thaipejr stated that he will be on vacation from August 19 – September 4, and Chief Harker will be Acting City Manager.

The meeting adjourned at 9:36 p.m. to a Special Meeting on September 6, 2022, at 6:00pm in the Community Room.

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: October 11, 2022
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: September 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 8

DEMAND DEPOSIT ACCOUNTS

CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 2,172,624.27 Outstanding Checks as of month-end (987,692.02)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,184,932.25 $ BANK OF AMERICA - PAYROLL $ 6,337.34
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 248,465.54 Outstanding Checks as of month-end (2,374.57)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE $ 246,090.97 SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 186,011.75 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE $ 186,011.75 DEMAND DEPOSIT ACCOUNTS - TOTAL $ 1,623,372.31
YIELD

LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 1.276% * 48,563,734.76 $
CITY - Former RDA Bond Proceeds 1.276% * 1,227,658.41
CITY -Total 49,791,393.17
SUCCESSOR RDA 1.276% * 188,118.46
HOUSING AUTHORITY 1.276% * 1,059,692.59
INVESTMENTS TOTALS $ 51,039,204.22

OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 52,664,426.53
PREVIOUS MONTH 53,076,744.27
.

CHANGE +/(-) $ (412,317.74)
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 Aug 2022. The September 2022 yield rate was unavailable as of the report date.

September 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 9/21 10/21 11/21 12/21 1/22 2/22 3/22 4/22 5/22 6/22 7/22 8/22 9/22

CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 9/21-9/22

CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Official Report
COUNCIL AGENDA: October 13, 2022
TO:

VIA:

FROM:

City Council
T. Jarb Thaipejr, City Mana�E\r
h I I Dan Harker, Fire Chief
Phil! Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date ______ _
SUBJECT: September 2022 Fire Department Activity Report Operations Division:

The Fire Department's Operations Division responded to 485 incidents in September 2022. Of the 484 incidents, 62 calls were given in Mutual/Automatic Aid. The alarm types are broken down as follows:

Fire & Rescue Month YTD
Medical Aid (MA) 310 63.9% 2414 57.4%
Traffic Collision (TC) 5 1.0% 85 2.0%
MA+TC 315 64.9% 2499 59.5%
Hazardous Conditions 2 0.4% 19 0.5%
Hazardous Material 2 0.4% 7 0.2%
Public Assistance 31 6.4% 226 5.4%
Rescue 1 0.2% 15 0.4%
Structure Fire 0 0.0% 44 1.0%
Cooking 0 0.0% 2 0.1%
Vegetation Fire 2 0.4% 26 0.6%
Vehicle Fire 2 0.4% 6 0.1%
Refuse Fire 2 0.4% 39 0.9%
All Fires 6 1.2% 126 3.0%
Good Intent/Dispatched & 52 10.7% 664 15.8% Cancelled Enroute Fire Alarm Activation* 13 2.7% 155 3.7%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc. 1 of2
CC AGENDA ITEM 9
SUBJECT: September 2022 Fire Department Activity Report Continued Fire Prevention Division:

The Fire Departments Prevention Division monthly activity report is as follows:

Administrative 10
Plan Check / Plan Review (Hours) 20
Building Final 1
Construction site inspection/Underground 7
Fire Alarm Test & Inspection, (No. of trips) 2
Knox Box placement, key placement 2
Land Use Permit Inspections 3
Fire code research 8
Fire Sprinkler Rough - Residential 4
Fire Sprinkler Final - Residential 4
Solar PV Inspection 27
Meetings 8
Annual Fire Inspections - Re-inspections 18
Engine Company follow-up: Field and Admin (Hours)
Title 19 Inspections: MC, LLU, RCF's, tents and re-inspect 8 Weed Abatement administrative time (Hours) 9
Weed abatement (parcels inspected) 300+
Animal control 18
2 of2
City of Loma Linda
Official Report
COUNCIL AGENDA: October 11, 2022
TO: City Council
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
Approved/Continued/Denied
By City Council
Date -------
FROM: T. Jarb Thaipejr, City Manager/Public Works Director --,. .-J .r.

SUBJECT: Award Contract for the Water Treatment Plant Security System RECOMMENDATION:

It is recommended that the City Council award the contract for the Water Treatment Plant security system to Silverstrand Technology, Inc. of El Cajon, CA for an amount not to exceed $18,200 and approve a contingency amount of $1,800.00.

BACKGROUND:

The Water Treatment Plant located in the City of San Bernardino has experienced several breakins and theft in recent months. The security measures, implemented so far (locking equipment, extra police patrols, additional razor wire) have proven ineffective. The IT Department has researched specialized alaim systems that would address the specific conditions of the Water Treatment Plant. The only qualified vendor to respond is Silverstrand Technology, Inc.

ANALYSIS:

The IT Department has dete1mined that Silverstrand Technology, Inc. to be a sole source provider of the required specialized security system. Staff compared the cost of the system with other somewhat similar systems and found the line item prices to be competitive and comparable.

It is not unusual for a project to experience the need to add or reduce the quantities of work items 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. Therefore, Staff recommends an allocation of $1,800 (±10%) for such circumstances.

FINANCIAL IMPACT:

Funding is available in Account No. 4657010-51300.
\\CLL SV FILE\Pubhc Works\Pub/ic Works Admin\Stajf Reports\Award ofContract\Tr eatment Plant Security System 2022.doc
CC AGENDA ITEM 10a
�TRAND
1387 N Cuvaniaca Sl
El CaJon CA 92020
(619) 328 0330,
Acl111in(i!1s1lverstrand.com

CUSTOMER
City of Loma Linda
Shawn MacGavin
25541 Barton Road
Loma Linda, CA, 92354
(909) 799-2897
[email protected]
Job Details
ESTIMATE#
DATE
Provided by
Estimate
3311
09/27/2022
Larry Haley

SERVICE LOCATION
City of Loma Linda
Beam Detection
1415 Richardson Street
San Bernardino, CA, 92408
(909) 799-2897
[email protected]
Quote to have Silverstrand provide and install Optex Quad Beams around the perimeter of the facility (please see attached site design) These beams are wireless beams and have a 350' range. The plan is to have the beams be mounted on the brick wall using Unistrut and 2" conduit. The beams will be mounted in a position to go off if anybody comes over the wall. We will be mounting them around the 3-5 foot high mark about 2 feet off the wall. Mounting them here will also protect them from people reaching over the fence and vandalizing them.

Now I've included a couple horns that will go off incase of an intruder. You do also have the option to be notified via the Alarm.com App and/or notify the police with National Monitoring, The prices are below:

Alarm.com - $24.99/month
National Monitoring - $10.00/month
*" The Horn and Strobes need to be plugged in to power. So we will need to mount these close to power outlets or we can go with the battery operated horns like we did at the City Yard.

Exclusions/Assumption:

1. As of right now the Alarm.com or National Monitoring is excluded until you determine what you want to do,

2. The Horn and Strobes need to be plugged in to power. So we will need to mount these close to power outlets or we can go with the battery operated horns like we did at the City Yard.

Description
Optex SL-350QFRi Wireless Detector w/ lnovonics Transmitter lnovonics EN4232MR EchoStream 32-Zone Multi-Condition
Receiver with Relays
Outdoor Enclosure Accessory
Optex EN5040T Indoor/Outdoor High-Power Repeater With
Transformer for Optex iSeries Detectors
2GIG EDGE 7" Alarm Control Panel - Verizon Ready
2GIG-TAKE1E-345 eSeries Encrypted Super Switch Wireless Takeover Module
Estimate
Qty

5.00 1.00

1.00 1.00

1.00 2.00
Rate
$1,453.75
$599,95
$67.50
$1,043.05
$436,95
$81.50
Total
$7,268.75
$599.95
$67.50
$1,043.05
$436.95
$163,00
-Unistrut 12ga • 10' length.
--------
EMT 2" · 10' Stick
2" Unistrut Straps, Metal
18/2 Shielded, Riser, Per Foot
-
Altronix 4ch Power supply w/o relays. Requires Altronix #ACM4 and #LC2.
- . -
Altronix 3-prong line cord
Z-Wave Siren & Strobe
---- - --
Altelix 14xl2x8 Fiberglass Weatherproof NEMA Enclosure with Cooling Fan -- ---- -
Miscellaneous Installation Materials
Labor - Installation, Programming and Training/Testing
Warranty Standard - 1 year on parts, 1 year on labor -

CUSTOMER MESSAGE

EXTENDED EQUIPMENT WARRANTY
Extend the Manufacturer Warranty of your quoted equipment to 5 years (60 months) from the date of purchase. This
warranty is for equipment only and doesn't include any labor to troubleshoot, replace or repair the materials.

Extended Warranty Cost: $DECLINED /Mo
Customer Signature:

SERVICE MAINTENCANCE AGREEMENT
Lock in reduced labor rates for service for 1 or more years from the date of purchase. This agreement reduces our
standard 1st hour service rates from . It also includes unlimited remote phone technical support and Onsite
Service Visits per year.

Service Maintenance Cost: $DECLINED /Mo
Customer Signature:
-
-- -

4.00 5.00

20.00 250.00 -

1.00 - -

1.00 1.00
------

1.00 ----

1.00 1.00

1.00 -- -
Material Total:

Labor Total:

Tax Total:

Estimate Total:
$40.62
$78.49
$5.90
$0.30
--
$267.25
- --$6.83
$120.52
---
$362.95
$340.00
$5,760.00
$0.00
$162.48
$392.45
$118.00
$75.00
$267.25
---
$6.83
$120.52 --
$362.95
$340.00
$5,760.00
$0.00
$11,424.68
$5,760.00
$942.54
$18,127.22
Work Authorization Signature
I authorize and approve, on behalf of myself and/or my
company, the scope of work stated in the Job Details. I have read and agree to the Terms of Service below.

Signature:

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
October 11, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director -r. J (.

Award Contract to Fabricate and Install Ceramic Tile Mural at the City Library
It is recommended that the City Council award a contract in the amount of $22,400.00 to Michel Angela Petersen of Bellingham, WA for the subject construction and approve a contingency amount of $2,200.00 (±10%).

BACKGROUND
The artist, Michel Petersen, has completed the ceramic tile mural at Hulda Crooks Park earlier this year. Her aiiwork has received great feedback from the residents and those who have visited the park. City staff contacted Ms. Petersen and requested the design and proposal for a ceramic tile mural to be installed in front of the library. The artist has provided the City with the attached proposal for the ceramic tile mural.

ANALYSIS
It is not unusual for a construction project to experience the need to add or reduce the quantities of work items 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. Therefore, staff recommends an allocation of $2,200 for such circumstances.

FINANCIAL IMPACT
Funding for this project has been budgeted in Account No. _3232550-58500, Art in Public Places \\CLL-SV-FILE\Public Works\Public Works Admin\StaffReports\Award ofContract\Art in Public Place Oct. 2022.doc CC AGENDA ITEM 10b

A Public Art Proposal for the the Loma Linda
Public Library

THE PROPOSED IMAGE
Loma Linda Public Art Proposal September 10th 2022
The Artist: Michel Angela Petersen
Michel Angela Petersen; Artist-Owner, www.claygods.com
Michel Angela Petersen completed the Hulda Crook Park Mural in May of this yea1'.

Michel Petersen is a ceramic artist of thirty years and has installed the largest ceramic tile installation in the state of California, at Ventura Harbor in Ventura County, CA. For this art work she received awards of excellence and honor from the National Senate, the National House of Representatives, the Ventura City Council and the Ventura Harbor Port District. All of which can be found at www.claygods.com in the Curriculum Vitae.

Artworks By Michel Petersen
The Proposal:

A 50 square foot, (5x10 foot) handmade ceramic tile n1ural, depicting three children reading books in a natural setting surrounded by two apple trees, ten birds: 3 hummingbirds, 6 sparrows and a California Blue Jay, plus three playful racoons and three interested squirrels.

This image represents innocence and sweetness, two qualities I hold in high regard. Each child in the image is engrossed in the subject matter of what they are reading. The mood is an inward one. The many birds represent ideas and the wild creatures represent the unseen world of the imagination. Children reading in the arms of nature nestled in old apple trees symbolic of the garden and the tree of knowledge all presented in bright colors and movement. I would be honored to create this ceramic mural for the Loma Linda Library Ceramic tile fired to 2300 degrees fahrenheit is impervious to weather and can last over a thousand years.

This artwork could brighten up the above wall and bring interest and color to an othenvise empty space.

PROCESS/BUDGET
Buying Materials:

The cost of materials has increased somewhat since this Spring when I created the Hulda Crook Park Mural.

Also this mural is a little bigger, 5sq ft bigger.

This Artwork is far more complicated and will be spectacular when mounted.

Because the City of Loma Linda has worked with me in the very recent past and recognizes the intensity and demanding nature of this Art Form and my relationship to it, I will make this part of the proposal short. Below I list the activities and their duration in regard to creating the Loma Linda Library Mural.

Design.

The design has taken me 4ohrs
The creation of a template -4ohrs
Rolling and cutting the clay -8ohrs
Underglaze painting -8ohrs
Sculpting the children, birds, racoons and squirrels -8ohrs Bisque Firing -8ohrs
Glazing -8ohrs
Glaze firing -8ohrs
Packing up -2ohrs
Mounting Mural at the Library -8ohrs
Total Hours 66ohrs at $25- per hour labor cost= $16,500 Cost of Materials
Clay: $1,600-
Glazes: $800-
Miscellaneous Materials: $2000- Electricity for firing, template material, mounting material, aggregates, hardware.

Travel/Transport: $1,500 for diesel
Total: $5,900
Grand Total
$22,400
If I am granted the opportunity to create this ceramic mural I will require some time to complete it. I would like to start as soon as possible as the weather sometimes hinders my progress during January and February. I live forty miles south of the Canadian boarder in Washington State. I would like to mount the mural around April 1st 2023 (ten days to mount). I need at least five months for this Artwork.

City of Loma Linda
Official Report
COUNCIL AGENDA: October 11, 2022
TO: City Council
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
Approved/Continued/Denied
By City Council
Date --------
FROM:

SUBJECT:

T. Jarb Thaipejr, City Manager/Public Works Director �
Award Contract for Flow Monitoring Data Management Services RECOMMENDATION:

It is recommended that the City Council award the five ( 5) year contract for flow monitoring data management services to Hach Company of Loveland, CO. The first year of the contract is an amount not to exceed $1,170 per month, with an annual cost of living adjust to be added for each subsequent one-year period.

BACKGROUND:

The City has several flow monitors to analyze needs and verify costs associated with wastewater flows into the treatment facility maintained by the City of San Bernardino. Hach Company has been the sole vendor for this service and provides proprietary software for the data management.

ANALYSIS:

The current contract period is due to expire in December 2022. The proposed contract, adjusted for inflation, is in line with the existing contract. An annual cost of living adjust will be added for each subsequent one-year period. That request will be made with the annual service contract renewals in June.

FINANCIAL IMP ACT:

This on-going contract was planned for and approved by Council in the 2022/2023 fiscal year's budget in Account No. 4053500-51830. The quote came in $720.00 higher than the amount originally budgeted this fiscal year but the extra cost can be covered with funding already budgeted within the Department. The contract amount will be re-budgeted each respective year for the term of the contract.
\\CLL-SV-FILE\Public Works\Public Works Admin\Stqff Reports\Award of Contract\Data Management 2022.doc CC AGENDA ITEM 10c
Be RightT
"'
TECHNICAL PROPOSAL #: 100818997

HACH COMPANY

DATA DELIVERY SERVICES (DDS)
PROJECT NAME: Loma Linda Renewal - HACH155409

DDS PROPOSAL AND ORDER DESCRIPTIONS
#OF METERS - 2
DURATION - 60 MONTHS
City of Loma Linda DDS
AUG 31, 2022
HACH
DELIVERY�
SERVICESi
(DDS)

DDS is a highly efficient Flow Monitoring service tailored to deliver the right data, right when you need it, so you can deliver the right results. For a fixed monthly fee, Hach Flow provides all of the equipment, data transmission, and technical support you need to acquire your flow data-delivered in real-time, so you can immediately perform your analysis. And Hach even manages all equipment monitoring and maintenance resources, removing that aggravation from your day.

Stop losing time to the constant struggle of securing reliable flow data. Use DDS instead and devote your efforts to implementing projects that finally solve your wastewater flow challenges.

Quote Number : 100818997v1
Use quote number at time of order to ensure
tbat you receive prices quoted
Quote Date : 31-Aug-2022

CITY OF LOMA LINDA
25541 BARTON RD
LOMA LINoicA92354
Name : Ed Agui I ar
Phone : 909-478-4265
Emai I: eagui I ar@ I oma I inda-ca.gov
Customer Account Number : 104749
Quote Expiration 30-0ct-2022
Customer Quote Reference : DDS program Renewa I - KACH155409 Sa I es Contacltichard De I gadi I I cEmai I: rde I [email protected] Phone : 970-443-8821 DDS Program
Type of Meter: FI odar/FL904
# of meters: 2
Duration: 60 Months
1 DDS-SL2-LT DDS SERVICE LEVEL 2 LONG TERM Month I y Charge 60 Proposa I
Hach Company-F I ow Products ! Services
PO Box 608
Love I a1160 80539
Phone : (800) 368-2723
Website : www.hach.com/f I ow
1,330.0 1,170.0

70,200.0

DDS PROJECT SUMMARY- DDS PROGRAM
For Equipment Specifications copy and paste the following link:
https:l/www.hach.com/flow
**When ready to move forward with your project, please email a Customer Purchase Order referencing and accepting the proposal to your Hach Flow Divisional Manager, RICHARD DELGADILLO, [email protected] **Special Note: A Hard copy PO is required for all orders over $25K.

PLEASE INCLUDE THE FOLLOWING INFORMATION ON YOUR PO
Proposal#:

Date:

Customer PO Reference #:

Customer On-site Need by Date:

Complete bill to and ship to information.

TERMS AND CONDITIONS: As stated in the Subscriber License and Data Delivery Services Agreement SPECIAL OR ADDITIONAL TERMS AND CONDITIONS:
lnsta I I ation prices are estimated and may exceed the above quoted price.

Actua I instrumentation insta I I ed to be determined by Hach. Hach wi 11 eva I uate each site to confirm app I ication is correc instrumentation.

Freight: Ground Prepay and Add FCA Hach's faci I ity
12% Supply Chain Surcharge has been added to this quote for all shipments, if applicable, and is included in the "Net Unit Price" and Grand Total All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ("Hach TCS"), Incorporated herein by reference and published on Hach Company's website at www.hach.com/terrns. Hach TCS are contained directly and/or by reference in Hach's offer, order acknowledgment, and Invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" In accordance with the Hach TCS: (i) Buyer's issuance of a purchase order document against Hach's offer; (II) acknowledgement of Buyer's order by Hach; or (Iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (Including electronic commerce Interfaces) that materially alter, add to or subtract from the provisions of the Hach TCS are not part of the Contract.

Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : 1). A statement of Intended end-use; 2).Certiflcalion that the Intended end-use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical/ biological

weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S. and/or applicable laws in force in Buyer's jurisdiction.

ORDER TERMS:

Terms are Subject to Credit Review
In order for Hach to process the order as quickly as possible. please provide the following information. • Complete Billing address.
• Complete Shipping address.
• Part numbers and quantities of items being ordered.
• Please reference the quotation number on your purchase order If the order Is over $25,000 Hach wlli also require the following additional information. • Pricing
• Purchase Order Number
• Freight tenns and INCO lenn FOB Origin or FCA Shipping Point • Required delivery date
• Vendor name should specify "Hach Company" with the Loveland address:
o Hach, PO Box 389, Loveland, CO 80539
• Credit terms of payment. Default payment terms are Net 30. • Indicate if order needs to ship complete or if it can ship partial. • Tax status
• Special invoicing instructions
Sales tax is not included on quote. Applicable sales tax will be added to the invoice based on the U.S. destination, if applicable provide a resale/exemption certificate.

Shlpmenls will be prepaid and added to invoices unless otheiwise specified.

Equipment quoted operates with standard U.S. supply voltage.

Hach standard lerms and conditions apply to all sales.

Additional tenns and conditions apply to orders for service partnerships.

Prices do not include delivery of product. Reference attached Freight Charge Schedule and Collect Handling Fees, Standard lead time is 30 days.

This Quote is good for a one time purchase
Virtual and/or on-site training must be scheduled/completed within 30 days of order, or the price will be subject to change.

DDS
Hach Deliverables:
• De I ivery of factory ca I ibrated f I ow instruments and communications equipment as specified • Hach-certified installation services and system start-up • In-situ calibration of Hach flow instruments to observed site conditions • As-built documentation of installations and observed site conditions • Standard configuration of instruments for 15-minute data collection and 1-hour data transmission intervals • Customer training on FSDATA software navigation and features, including report generation • Secure 24/7 access to customer data on Hach's FSDATA software, viewable via standard web browsers (i.e., Internet Explorer) • Ongoing monitoring of Hach instrument functionality to ensure instrument uptime • Technical support by phone (800-368-2723) as needed
• Planned and unplanned instrument maintenance
• Instrument removal upon contract completion
Customer Responsibi II ities:
• Designate a shipping address to receive the meters
• Identify preferred monitoring sites
• Provide access to monitoring sites for Hach's field crews • Identify one individual as customer administrator, and up to 5 authorized users for access to secure flow data • Supply computer and internet connectivity to access FSDATA software • Generate reports utilizing FSDATA software as required by the project Sa I es Contact
Name: Richard De I gadi I Io
Divisiona I Sa I es Manager
970-443-8821
Title
Phone:

Email: rde I [email protected]

HACH COMPANY
Headquarters
P.O. Box389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
PO Box608
Loveland, CO 80539-0608
U.S.A.

Phone: 800-227-4224
Fax: 970-669-2932
E-Mail: [email protected]
[email protected]
[email protected]
Export
Remittance
2207 Collections Center Drive
Chicago, IL 60693
Wire Transfers
Bank of America
Quotation Addendum WebSite: www.hach.com
Phone: 970-669-3050
Fax: 970-461-3939
Email: [email protected]
231 S. LaSalle St.

Chicago, IL 60604
Account: 8765602385
Routing (ABA): 071000039

ADVANTAGES OF WORKING WITH HACH
., Hach Service Pick&Ship™ Technical Support
Protect your investment & peace of mind Pick&Ship "' Program offers a betterway to Provides post-sale instrumentation and ✓ A global partner who understands your keep your supplies in stock application support needs ✓ Convenience ofone purchase order for the ✓ Hach's highly skilled Technical ✓ Delivers timely, high-quality service you entire year can trust ✓ Flexibility to change, cancel or create new Support staffis dedicated to helping
✓ Provides team of unique experts to help orders
you resolve technical issues before,
you maximize instrument uptime ✓ Savings from locking in prices & thus during and afterthe sale. ✓ Available via phone, e-mail, or live ✓ Ensure data integrity avoiding price surges and rush charges ✓ Maintain operational stability ✓ Peace of mind with automatic, reliable on line chat at Hach.com! ✓ Fast access to answers at ✓ Reduce compliance risk shipments just as you need them htt12s://SUQQOrt.hach.com ✓ Toll-free phone: 800-227-4224
✓ E-mail: [email protected]
www.hach.com/service-co ntracts www.Hach.com/pickandship www.Hach.com

ADVANTAGES OF SIMPLIFIED SHIP PING AND HANDLING
Safe & Fast Delivery Save Time- Less Hassle Save Money
✓ Receive tracking numbers on yourorder ✓ No need to set up deliveries for orders or to ✓ No additional invoice to process - acknowledgement schedule pickup save on time and administrative costs ✓ Hach will assist with claims if an order is ✓ Hach ships order as product is available, at ✓ Only pay shipping once, even if lost or damaged in shipment no additional charge, when simplified multiple shipments are required shipping and handling is used.

STANDARD SIMPLIFIED SHIPPING AND HANDLING CHARGES 1, Z 3, 4 Pricing Effective 4/11/2020 Standard j Second Day Next Day Second Day Next Day
Total Price of Surface l Delivery Delivery Delivery Delivery Merchandise Ordered (Mainland USA) j (Mainland USA) (Mainland USA) (Alaska & Hawaii) (Alaska & Hawaii) $0.00-$49.99 $17.99
. $44.99 $83.90 $72.21 $137.27
$50.00 -$149.99 $28.59 i $84.27 $159.00 $120.84 $229.73 ,..................................................... .................................... . ............................. ....... ·-----+--.. ···· ......................... ............................................ . $150.00 -$349.99 $50.22 $133.98 $272.91 $169.07 $329.04 .....
$350.
oo·-$649.99
...... .............
$69.95
....
........ l ....... $1
.

82.91 ........... .
.
...... ..
$363.75
.......... ...........
$228.65
............ ........... .
$442.76
........... .
.....
$650.00.-$949.99
...... .............. $88.1.
6 .............. ......... ..$ 191_.13
........... ...........
$399.98
.......... ...........
$236.66
........................ $446.1.
0 ........... ..
$950.00 -$1,999.99 $110.91 $235.85 $498.69 $280.67 $543.06 , $2,000.00 -$3,999.99
.. ............
$128.04
...................... $250.64
........... ........... $513.44
.......... ...........
$291.54
............ ........... $554.54
.......... ..
..
$4,000.00-$5,999.99
.. ............
$148.44
............ ...........
$260.33
........... ..........
$538.23
.......... ...........
$292.89
............ ........... $570.53
........... ..
$6,000.00-$7,999.99 $175.40 $296.40 $612.84 $323.07 $622.86 ...................................................... ............................................ .............. ........................................... ............................................ $8,000.00-$9,999.99 $200.15 $336.83 $658.19 $360.41 $683.52 Over$10,000 2.5%ofNet 4.5%ofNet 7% of Net 4.5%ofNet 7%ofNet Order Value Order Value Order Value Order Value Order Value Collect 4
Handling Fee
Effective
4111/2020
$13.47
$13.85
$14.72
$15.48
.......................................
$16.04
......... , ........................... ..
$17.52
$20.22
, ..................................... .
$24.90
$29.04
$33.51
$51.84
Shipping & Handling charges shown are only applicable to orders billing and shipping to U.S. destinations. Shipping & Handling charges will be prepaid and added to invoice.

Shipping & Handling for the Pick&Shlp Program Is charged on each shipment release and is based on the total price of each shipment release. Shipping & Handling charges are subject to change without notice.
2 Additional Shipping & Handling charges will be applied to orders containing bulky and/or especially heavy orders. Refrigerated and all weather Samplers do no! qualify for simplified Shipping & Handling charges, and are considered heavy products. Dissolved Oxygen Sensors can be damaged if exposed to temps below freezing. causing sensor failure. Must be shipped over night or 2nd day air during !he cold weather months. 3 Orders shipping to Alaska or Hawaii: Addltlonal Shipping & Handling charges may be applied at time of order processing. Second Day and Next Day delivery is not available to all destinations.
4 Hach Company will assess a collect handling fee on orders with collect shipping terms. This handling fee covers the additional costs that Hach Company incurs from processing and managing collect shipments.

Due to variations In component characteristics, regulatory transportation requirements and/or associated shipping and handling costs, individual kit components may or may not be packaged together In a single carton at time of final packaging and shipping.

SALES TAX
Sales Tax is not included in the attacred quotaion. Applicat:le sales and usage taxes will be added to you-invoice, at the time of order, based on U.S. destirationof goods, unless a valid resale/exemption certificate fcr destination state is provided to the above address or fax number, atte ntbn of the Tax Depl HACH COMPANY I 5600 Lindbergh Drive I PO Box 389 I Loveland, Colorado 80539 I P 970.669.3050 I F 970.669.2932 I hach.corn

TERMS & CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by Hach Company of Loveland, Colorado ("Hach") and sold to the original purchaser thereof ("Buyer"), Unless otherwise specifically stated herein, the term "Hach" includes only Hach Company and none of its affiliates. Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer, these Terms & Conditions of Sale establish the rights, obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services ("Products").

1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and/or by reference in Hach's offer, order acknowledgment, and invoice docume.nts. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale ("Contract") in accordance with these Terms & Conditions: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract.

2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling, inspection, restocking, freight and invoicing charges as applicable, provided that Buyer returns such goods to Hach at Buyer's expense within 30 days of delivery and in the same condition as received. Buyer may cancel service orders on ninety (90) day's prior written notice and refunds will be prorated based on the duration of the service plan.

Inspections and re-instatement fees may apply upon cancellation or expiration of service programs, Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller det�rmines may not comply with export, safety, local certification, or other applicable compliance requirements.

3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames, Iowa or Loveland, Colorado, United States (lncoterms 2010). Legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier. Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will deliver the Products on an expedited basis. Standard service delivery hours are 8 am - 5 pm Monday through Friday, excluding holidays.

4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, Buyer will promptly notify Hach of such nonconformance in writing. Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option. Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty (30) days of delivery.

5. PRICES & ORDER SIZES: All prices are in U.S. dollars and are based on delivery as stated above. Prices do not include any charges for services such as insurance; brokerage fees; sates, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates, which obligation survives performance under this Contract. Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly.

6. PAYMENTS: All payments must be made in U.S. dollars. For Internet orders, the purchase price is due at the time and manner set forth at www.hach.com. Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation, with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice, or for customers with no established credit, Hach may require cash or credit card payment in advance of delivery. In the event payments are not made or not made in a timely manner, Hach may, in addition to all other remedies provided at law, either: (a) declare Buyer's performance in breach and terminate this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver future shipments on a cash-withorder or cash-in-advance basis even after the delinquency is cured; (d) charge interest on the delinquency ata rate of 1-1/2% per month or the maximum rate permitted by law, if lower, for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges; (e) repossess the Products for which payment has not been made; (f) recover all costs of collection including reasonable attorney's fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. Buyer is prohibited from setting off any and all monies owed under this from any other sums, whether liquidated or not, that are or may be due Buyer, which arise out of a different transaction with Hach or any of its affiliates. Should Buyer's financial responsibility become unsatisfactory to Hach in its reasonable discretion, Hach may require cash payment or other security. If Buyer fails to meet these requirements, Hach may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due Hach. Buyer grants Hach a security interest in the Products to secure payment in full, which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.

Bankruptcy Code or other applicable laws. Buyer's insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of Buyer, constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C., as well as the remedies stated above for late payment or non-payment. See i2,Q for further wire transfer requirements.

7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer's operating and 'maintenance instructions, conform to any express written warranty pertaining to the specific goods purchased, which for most Hach instruments is for a period of twelve (12) months from delivery. Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.

Any non-functioning parts that are repaired by Hach shall become the property of Hach. No warranties are extended to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, credit or refund of the purchase price. This remedy will not be deemed to have failed of Its essential purpose so long as Hach is willing to provide such replacement, credit or refund. 8, INDEMNIFICATION: Indemnification applies to a party and to such party's successors-in-interest, assignees, affiliates, directors, officers, and employees ("Indemnified Parties"). Hach is responsible for and will defend, indemnify and hold harmless the Buyer Indemnified Parties against all losses, claims, expenses or damages which may result from accident, inju1y, damage, or death due to Hach's breach of the Limited Warranty. Buyer is responsible for and will defend, indemnify and hold harmless the Hach Indemnified Parties against all losses, claims, expenses cir damages which may result from accident, injury, damage, or death due to negligence, misuse or misapplication of any goods or services, violations of law, or the breach of any provision of this Contract by the Buyer, its affiliates, or those employed by, controlled by or in privity with them.

Buyer's workers' compensation immunity, if any, does not preclude or limit its indemnification obligations.

9. PATENT PROTECTION: Subject to all limitations of liability provided herein, Hach will, with respect to any Products of Hach's design or manufacture, indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. patent (or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof, provided that Buyer promptly notifies TERMS AND CONDITIONS OF SALE FOR HACH® PRODUCTS
Hach of such suit and offers Hach either (i) full and exclusive control of the defense of such suit when Products of Hach only are involved, or (ii) the right to participate in the defense of such suit when products other than those of Hach are also involved. Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, Hach will, at its own expense and at its option, either procure for Buyer the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of Hach for patent infringement by the Products. Further, to the same extent as set forth in Hach's above obligation to Buyer, Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to (x) any goods manufactured to the Buyer's design, (y) services provided in accordance with the Buyer's instructions, or (z) Hach's Products when used in combination with any other devices, parts or software not provided by Hach hereunder.

10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates or cast, molded or machined components.

11. SOFTWARE AND DATA. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s) accompanying the software media and/or included as an Appendix to these Terms & Conditions of Sale. Except to the extent such express licenses conflict with the remainder of this paragraph, the following also applies relative to Hach's software: Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed. Buyer agrees that it will be bound by all such license agreements. Title to software remains with the applicable licensor(s). In connection with Buyer's use of Products, Hach may obtain, receive, or collect data or information, including data produced by the Products.

In such cases, Buyer grants Hach a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of such data, or to aggregate such data for use in an anonymous manner, solely to facilitate marketing, sales and R&D activities of Hach and its affiliates.

12. PROPRIETARY INFORMATION; PRIVACY: "Proprietary Information" means any information, technical data or know-how in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which Hach considers proprietary, including but not limited to service and maintenance manuals. Buyer and its customers, employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent, or use it for the manufacture, procurement, servicing or calibration of Products or any similar products, or cause such products to be manufactured, serviced or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains Hach's property. No right or license is granted to Buyer or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of Hach, except for the limited use licenses implied by law.

Hach will manage Customer's information and personal data in accordance with its Privacy Policy, located at http://wwy;,_,)Jgich.cQm/priv�.QQ.li0:.

13. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by Buyer unless agreed upon in writing before the Products' delivery date. Services which must be performed as a result of any of the following conditions are subject to additional charges for labor, travel and parts: (a) equipment alterations not authorized in writing by Hach; (b) damage resulting from improper use or handling, accident, neglect, power surge, or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals; (cl the use of parts or accessories not provided by Hach; (d) damage resulting from acts of war, terrorism or nature; (e) services outside standard business hours; (f) site v. 2019-12-09 2
prework not complete per proposal; or (g) any repairs required to ensure equipment meets manufacturer's specifications upon activation of a service agreement.

14. SITE ACCESS / PREPARATION / WORKER SAFETY/ ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach, Buyer agrees to permit prompt access to equipment. Buyer assumes full responsibility to backup or otherwise protect its data against loss, damage or destruction before services are performed. Buyer is the operator and in full control of its premises, including those areas where Hach employees or contractors are performing service, repair and maintenance activities. Buyer will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services. Buyer is the generator of any resulting wastes, including without limitation hazardous wastes. Buyer is solely responsible to arrange for the disposal of any wastes at its own expense. Buyer will, at its own expense, provide Hach employees and contractors working on Buyer's premises with all information and training required under applicable safety compliance regulations and Buyer's policies. If the instrument to be serviced is in a Confined Space, as that term is defined under OSHA regulations, Buyer is solely responsible to make it available to be serviced in an unconfined space. Hach service technicians will not work in Confined Spaces, In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer, Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.

The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter, amend, limit or supersede any part of this Contract.

15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses.

Unless Hach has advised the Buyer in writing, in no event will Buyer use any Products in drugs, food additives, food or cosmetics, or medical applications for humans or animals. In no event will Buyer use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such clearance. Buyer will not sell, transfer, export or re-export any Hach Products or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Hach Products or technology in any facility which engages in activities relating to such weapons. Unless the "ship-to" address is in California, U.S.A., the Products are not intended for sale in California and may lack markings required by California Proposition 65; accordingly, unless Buyer has ordered Products specifying a California ship-to address, Buyer will not sell or deliver any Hach Products for use in California. Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder.

16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS:

Unless otherwise specified in this Contract, Buyer is responsible for obtaining any required export or import licenses. Buyer will comply with all laws and regulations applicable to the installation or use of all Products, including applicable import and export control laws and regulations of the U.S., E.U. and any other country having proper Jurisdiction, and will obtain all necessary export licenses in connection with any subsequent export, re-export, transfer and use of all Products and technology delivered hereunder. Buyer will comply with all local, national, and other laws of all jurisdictions globally relating to anti-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to Buyer's business activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the "FCPA"}. Buyer agrees that no payment of money or provision of anything of value will be offered, promised, paid or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of Buyer's activities related to this Contract. Hach asks Buyer to "Speak Upl" if aware of any violation of law, regulation or our Standards of Conduct ("SOC") in relation to this Contract. See http://danaher.com/integrity-and-compliance and www.danaherintegrity.com for a copy of the SOC and for access to our Helpline portal.

17. RELATIONSHIP OF PARTIES: Buyer is not an agent or representative of Hach and will not present itself as such under any circumstances unless and to TERMS AND CONDITIONS OF SALE FOR HACH@ PRODUCTS
tha extent it has been formally sm,an,ad 'by Haah's campl&ance department and l'l!OBivaci a separate du l�•-authorlzed letter from Hach setting fo 111h the s:oope and limitalions of such authorization.

18. FORCE MAJEURE: Hlach is excused from performance of its obligations under this Contract tQ the Bxtt,lnt ci;n.Jsed by ,;iots or omilsslons that are beyond its control of, including bu, not Dimlted to- Govarnm\lnt @mhargo!!:\I, bloqkagasi, sleizure,i or freeze of assel:\I, delay\!- or refu;1,l!IS to grant an e:i,:port (;Ir import license or the 1\Uspension or revoC<,ti-on thereof, or an•.- other ams of .;ny Government: ftreSa, floods, severe weather oonditlQns, or .;ny other i,ot!il of God; q1.ui<rantim:•-�; laoor strike!il or loekouts.: riots; stfffe; insurrections: clv!U dlsobedlef1.C:e or acts of criminals orterrorlsts: war: material shortages ,;,r delays lri deliveries to Hac:h by th lni 1>artles. fn,
the evimt of tlie existence of arw force
mafeure e!retJmstanees, the peifoo of tlme for dellvefll, payment term� and p,ayments vndor any lotterS of credit will be extendc.-cl for a period o.f 1,me oqual to tho period O>f delay, if the fo� majeute cireumst11nces extoml for six months, Haeh ma,•, at its optton, ter,-ninale this C(mtraet without penalty and without being doemecl irn default or In breaeli thereof,

19. NON ASSIGNMeNi AND WAIVER: Buyer wlU not transfer or �ssign this Corntrilct or an)• rights or interests hereunder without Mach's prior written oonsent. Failure of either party to· insist upon strict performance of any µravision of this Contract, or to exetraise any right or privilege contained herein, or !he waiver of any breacil of the terms or conditions of this Conlract will not be construed as tha_raaftar waiving any such terms, oonditiona, rights, or prwileges, and the same will «:onlin,ue and remain in, force and effect as if no wai...-er had occurred.

20. FUNDS TRAINSA:RS [PAYMENTS): Buyer and Haeh bath reco!Jnlza that there i!il a risl< Qf banking fr1;3u,d when indM,;!uals imp,..rsornatlngc a bU$iriel!l;l demtmd payment under new banking or mailin!J instruction,.. To avoid this risk, BLl!•,•er Mll!iit verbally confirm any new or Gl1<1nged banll transfer or mamng lnstmctlona byc.i.l!ing He,ch l;lt +1-97CHl63-1377 and spe!!king with Hai;h'S; Credit M�nager before mililing or transferflng any mo11ies ta!'!ing the new i11st1\.lctr,;,m1.

Both pailie$ (lgree tlrnt ihw will n,;,t i nstiftite mmiling or b�nk tro l1$fer 1rnwuct1oo change11< and re1:1ulre Immediate payment under the new Instructions btll wllP loste11cl provide a ten (101 day g,ace 1>erlod to \•erify an\' payrner1t i,istnittlor,, chan1Jes before arw inew or outstali'ldino ,:,ayme,11$ ate due 11slng tlie new lnsl!'1.tctlons.

Z1. LIMITATION OF LIABILITY: Nona of tht Hacll lndilmnified Parties will oo !labia to Eiuyor undar any �rcumst.uices for any special, troblii, incldcntml or eonsaquuntial dam1t9os, tncluding wtthont limitation, da.mngo to or loss of propart',' other thiili for thil Products purchilsed hereunder; datnagos irn:urred in rnstallm:1on, repafr or replacement; io51: profits, ravanue or Opportunity; lass af use; los.Hs resulting from or mated to downtime of tha produots or inaoourate measurements or J9f]Orting; the cost of substitute produots; or claims of Buyer's customers for such damages, hoWS(]eVBT caused, and whether based on wananty, contract., and/or tort {including neg.liganca, strict liability or otherwise}. The total liability of the Hach Indemnified Parties arising q..ut gfthe pem;irmancli! gr nonperfgrmance hereunder or Hacn's •Obligations in conne1:tion with the design, manufai:ture, sale.delivery, and/or use of Products wiD in no �rcumst,ml)e ex�ed in the aggregine a !;Um l[!(!Ual to twt� the amount e4;tually paid to Hach for PrQducll< delivered hereunder.

22. APPLICABLE I.AW AND DISPUTE RESOlUTION: The constructlon, lriterprettitfon llnd pefform&ttee hereof and.all lrl'lr•Sl'lGtions hereun<ler :Sh;'!ll l>e govemed by tlie laws Qfthe State of Cok>r!l:do, without regard to its princ:iple;:, or laws re9aHlln9 confl
lct11 oi laws. lf atw provision of this Contract violates any Feclernl, State or lo�I statutes or re9lilatlons of any cour1Mes ha,•ln9 )urlsdlctloli'I of thfo transaction, or is l!le9al for any reason, said p1ovislon shall be sePf•deletinci witho11t affecting the va!Pdltv o! the 1ernaft1IFl(l prcwislons.

Uoless otherwise sr>ocl fl�lly agreed upor1 I tl wrltlnti botween Hach arid Buyer, any dnst>U to �elating to thls Conlr.!lct wh lch l.s 111ot r�olved tw the patties sl,aU bo iatijudicatod in or,for of profonmcr} by u court of eompetontjurisdiciion (il in tha State of Colorado, U.S.A. ii Buyer has minimum conta�ti; with Colorado l!nd tho U.S., (Ul olsev,horo in tho U.S. if Bwor has mi111imum conta1.is with tho U.S. but not Colorado, or (fiiil in a nautr�I lm:ation if Buyer tfoes not have min1mum corntaccts with ilia· United States.

23. ENTIRE AGREEMENT & MODIFICATION: These Terms & Conditions of Sale constitute the entire agreement hetwaen the parties and supersede any prior agreements or representations, whether oral or •mitten. No change to ar motfifice!lon ofthese Terms & Conditions sheil be binding upon Hach unless in a written, instrument sp,eciflcafly referencing that it is amending these Terms & Conditions of Sale and signed by an aurthorized representative of Hlach. Hach v. 2019-12-09 3
rejects any additional or inconsistent Tarms & Conditions o.f Sala oii'ered by Buyer at any time; whether or not such terms or conditions materially alter the Terms & Corndifio1u herein and irrespe.ctiva of Hach's acceptance of Buyer's order for the described !JCOds and services.

24. APPENDICES: if checked, !he folhlWing ApiJ'Bndices are attached hereto and nn.c,orporated by r.,f�E,lnoe intQ these Terms & Cc;inditionl;l Qf $ale:
0 Cl.ARO$ SOFflltfARE AS A SERVICE SUBSCRIPTJON AGREEMENT

City of Loma Linda
Official Report
COUNCIL AGENDA: October 11, 2022
TO: City Council
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:

VIA:

Kyle MacGavin, Information Systems Analyst Ill (Through Channels) T. Jarb Thaipejr, City Manager
SUBJECT:

RECOMMENDATION
Approve Updated Agreement with Alethea, Inc. for Onsite Desktop Support Services.

It is recommended that the City Council approve the updated consulting agreement with Alethea, Inc., for onsite desktop support services.

BACKGROUND
The City of Loma Linda has been utilizing onsite desktop support and network engineer services with Alethea, Inc., since 2018. The company has the expertise and knowledge to continue working with city staff.

ANALYSIS
Staff was presented with an updated agreement from Alethea to increase the base rate amounts by 10%

ENVIRONMENTAL
No environmental impact.

FINANCIAL IMPACT
Funds have been budgeted for FY 2022-2023 and are allocated to 4405900-51820.

ATTACHMENT
A. Alethea Consulting Services and Support Agreement Updated 2022 CC AGENDA ITEM 10d

CONSULTING SERVICES AND SUPPORT AGREEMENT
I. OVERVIEW

EXHIBIT A
This Consulting Services Agreement defines the services that Alethea Inc. (Al) will deliver to City of Loma Linda. As this is an hourly consulting agreement, a subject matter expert (SME) will be made available to support City of Loma Linda's needs; however this contract does not guarantee any specific project outcome, define tasks to be completed, or provide any specific deliverables. Work items will be delegated and agreed upon between the City of Loma Linda and the Al provided SME on a per incident / daily basis.

II. SCOPE
Al will provide the City of Loma Linda with (1) fulltime onsite Desktop Support Specialist (DSS). This individual will take assignment direction directly from a designated City of Loma Linda contact, and will report to said individual task status and issues. The primary function of the DSS is to support all internal city end-user trouble tickets for phones, computers, cell devices and tablets. The DSS will support Windows/Apple IOS operating systems, as well as handle Setup/Moves/Adds/Changes of personnel and enduser devices. The DSS may also be tasked with FTTH end-user training for commercial and residential installations.

Best Practice methodologies will be followed by Al in the execution of the work items agreed upon, and the amount of time required to both consult with the Client and complete the agreed upon work items will be accurately reported and decremented from the total available hour pool post completion, by the Al assigned engineer(s).

Should the Desktop Support Specialist determine that an issue requires assistance from a Network Engineer (NE), the DSS will-and without prior approval-contact Al's designated City of Loma Linda NE for further support. The Network Engineer may dispatch to site if the need arises (at no additional charge to the Client), and all functions performed by NE are billed at a separate rate from that of the Desktop Support Specialist (rates are shown in section IV below).

The Network Engineer's primary functions are: Manage and support existing Al hardware. Internal city network and FTTH network support. Firewall and commercial / residential trouble tickets concerning network issues. Support the needed $650K of Al hardware upgrades to provide a complete 10Gig+ backbone and remove Extreme switches/routers from the LLCCP network.

Ill. TIME LOGS AND REPORTING
The DSS is a fulltime, onsite, contracted employee of the City of Loma Linda. His or her time will be recorded in 1 hour increments and reported to the City's designated contact on a weekly basis.

All time captured is straight time. No additional heightened rates apply with regards to overtime, weekends, or holiday work.

IV. PRICING SUMMARY AND INVOICE PROCEDURES
Onsite Desktop Support Specialist: $82.SOhr
Onsite or Remote Network Engineer: $143hr
NE Dispatch: Free
Overtime, Weekends, Holidays: Original rates apply
This agreement assumes a 40 hour work week for (1) Desktop Support Specialist and a 10 hour work month for (1) Network Engineer over a month to month period. Any overage will be tabulated weekly and at such time that the contract requires extension, Al and the City will work in good faith to extend the terms.

Prior to services being rendered, a valid purchase order must be issued to Al and this agreement must be signed by the City of Loma Linda. The purchase order must reference the following services and quantities:

Onsite Desktop Support Specialist
Onsite or Remote Network Engineer
Purchase Order Total = $14.6300.00
Qty: 160
Qty: 10
Rate: $82.S0hr Total: $13,200
Rate: $143hr Total: $1,430
Hours consumed will be reported to the City of Loma Linda on a weekly basis. An invoice for the prior month's hours will be issued the first week of the subsequent month.

V. NON-DISCLOSURE STATEMENT
This Services Agreement shall not be disclosed outside City of Loma Linda and shall not be duplicated, used or disclosed - in whole or in part - for any purpose other than to evaluate this agreement or quotation. If, however, a contract is awarded to this offer or quote as a result of - or in connection with - the submission of this data, City of Loma Linda shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract. This restriction does not limit City of Loma Linda's right to use information contained in this data if it is obtained from another source without restriction.

VI. APPROVAL To PROCEED
The undersigned parties each understand and agree that this Agreement accurately sets forth the services that Al will provide for City of Loma Linda.
(Signature) (Print Name) Date
City of Loma Linda
9/12/2022
Alethea Inc. Date
2 3
4 EXHIBIT B

TERMS AND CONDITIONS
Term. The term of this Agreement shall commence on the Effective Date and, unless earlier terminated, shall continue until the completion of the Services ("Term").

Services.

2.a Retention. For the Term, CUSTOMER hereby non·
exclusively retains Al, and Al shall perform on behalf of CUSTOMER the Services, which are defined on attached
exhibits. The work to be performed according to all exhibits attached hereto, including the duties specified as the
Exhibit A Services, together with the duties specified in subsequent exhibits (if any) shall collectively be considered the "Services." Al's performance under this Agreement
shall be conducted with due diligence and in full
compliance with the highest professional standards of
practice in the industry. Al shall comply with all applicable laws and safety rules in the course of performing the
Services. If Al's work requires a license, Al shall obtain that license prior to commencing the Services, and that license shall be in full force and effect.

2.b Al's Sole Discretion. CUSTOMER shall not obligate, directly or indirectly, Al to take any action with regard to any third party. Nothing herein shall be construed to obligate Al to discuss, negotiate, execute agreements or have any other contact with any party.

Payment. Al shall be paid for the Services as set forth in Exhibit A (and as set forth in subsequent exhibits, if any).

Confidentiality.

4.a Except as otherwise provided in this Agreement, all Confidential Information, as defined herein, disclosed by either Party is considered confidential and: (a) shall remain the exclusive property of that Party; (b) shall be used by the other Party only in connection with its performance under this Agreement; and (c) shall be maintained in strict
confidence by both Parties. "Confidential Information"
means any intellectual property, technical information, code, hardware, formula, pattern, program, method,
marketing program, profitability, corporate strategy,
technique, process, design, sketch, artwork, material,
business plan, CUSTOMER or personnel list, and financial statement disclosed by either Party or any other
information which would reasonably be construed as
confidential under the circumstances of
5 6
7 disclosure. Confidential Information shall include, without limitation, information disclosed in connection with this Agreement, but shall not include information that: (i) is now or subsequently becomes generally available to the
public through no wrongful act or omission of either Party; or (ii) is independently developed by either Party without use, directly or indirectly, of any Confidential Information.

4.b Except as contemplated by this Agreement or as specifically authorized by Al in writing, and except as required by law, CUSTOMER shall not reproduce, use, distribute, disclose or otherwise disseminate Confidential Information. Upon
expiration or termination of this Agreement or upon
request by Al, CUSTOMER shall, within five (5) days after such expiration, termination or request, deliver to Al all Confidential Information (including copies) then in its custody, control or possession.

Inventions.

5.a Al will be the sole owner of all domestic and foreign rights pertaining to the Inventions.

5.b CUSTOMER acknowledges and agrees that all of the
Inventions (including all intellectual property rights, including but not limited to, patent rights and rights of copyright therein) will be the sole and exclusive property of Al and that Al has the exclusive right to prepare derivative works of such Inventions. CUSTOMER understands and
agrees that Al shall have the sole right to determine the treatment of any such Invention, including the right to keep the same as trade secrets, to file and execute patent
applications thereon, to use and disclose the same without prior patent application, to file registrations for copyright or trademark thereon in its own name, or to follow any
other procedure that Al deems appropriate.

Publicity. Al agrees that it will not, without the prior written consent of CUSTOMER in each instance: (i) use in advertising, publicity or otherwise (including, without limitation, on the Internet) the name of CUSTOMER or its domain names, trademarks, trade names, symbols or any abbreviation or contraction thereof; or (ii) represent, directly or indirectly, that any product or service offered by Al has been approved by or endorsed by CUSTOMER.

Consultation for Other Companies. Al shall not be obliged to work full time for CUSTOMER, and is free to serve as consultant to other Companies.
8 9
Non-Solicitation. During the Term of this Agreement and for one (1) year thereafter, CUSTOMER will not encourage or solicit any person who is an employee or consultant of Al at the time of the solicitation to leave Al for any reason.

Relationship. Both Parties are independent contractors. 10 Warranties. During the Term of this Agreement, each Party represents and warrants that:
1 0.a !! is free to enter into this Agreement and does not have and will not have any contract or obligation that will conflict herewith and that this Agreement.
1 0.b !! shall act in a business-like manner and devote commercially reasonable efforts in its obligations
hereunder, including without limitation the Services, and shall take no action that is harmful to either Parties' interests or goodwill.
1 0.c It shall comply with all applicable laws, including any workers' compensation laws, and shall conduct itself in an ethical manner.
1 0.d l! shall not hold itself out as having any power on behalf of the other Party.

10.e It shall bear all of its costs and liabilities for all actions it takes hereunder (including without limitation those for the Services).
1 0.f The Services, Inventions and Al's work product in accordance with this Agreement will not violate any
intellectual property rights, including but not limited to, patent, copyright, trademark and trade secret rights, or any other rights, of any third party.
11 Free Will. Both parties have read the Agreement carefully, have sought the advice of counsel, and understand and accept the obligations that it imposes without reservation.
12 Indemnity. In addition to any other indemnification requirements specifically noted in this Agreement, CUSTOMER shall indemnify and hold harmless Al, its officers, directors, employees and agents, and its indirect and direct parent companies and such companies' indirect and direct affiliates and subsidiaries, from and against any and all claims, actions, suits, proceedings, costs, expenses (including court costs and attorney's fees), damages, obligations, penalties, injuries and liabilities arising out of, connected with or resulting from any suit, claim or proceeding brought against CUSTOMER which results from, arises from, or is related in any way to Al's actions or omissions, or from breach of any term or condition of this Agreement.
13 Termination.

13.a Either party may terminate this Agreement by reason of any breach of a warranty or anuncured material breach by thE! o.ttler of any obligation hereunder, which breach is not remedied within thirtyffl days following receipt of written notice thereof; or

13.b Either Party may terminate this Agreement, or any portion thereof, with thirty (30) day• notice at any time for any reason.
14 Effect of Expiration or Termination.

14.a In the event of termination or expiration of this Agreement for any reason, Sections 4,c2, 6, 7, 9-14, and 16-20 shall survive, and the provisions of said Sections shall be valid in any situation, including if this Agreement expires or is terminated for any reason. Neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.

14.b Immediately upon Al's request, upon completion of the Services, or upon expiration or termination of this
Agreement for any reason (whichever occurs first),
CUSTOMER shall promptly deliver to Al all of the
Confidential Information, Inventions and Al's work product resulting from the Services (including without limitation all works made for hire).
15 Injunctive Relief. CUSTOMER acknowledges that any violation of Sections 4 through 8 above will constitute a material breach of this Agreement and will cause substantial harm to Al for which damages would not be a fully adequate remedy. Therefore, in the event of any such breach, in addition to other available remedies, Al shall have the right to obtain injunctive relief.
16 Assignment. CUSTOMER may not assign, in part or in whole, this Agreement, and any attempted assignment shall be considered null and void. Al may assign this Agreement in whole or in part, in its sole discretion.
17 Choice of Law and Jurisdiction. This Agreement shall be governed as to all matters, including validity, construction, and performance, by and under the laws of California, and courts of such jurisdiction shall have exclusive jurisdiction to all disputes, controversies, or differences that may arise between the parties hereto, in relation to or in connection with this Agreement. The Parties hereby consent to personal jurisdiction in such jurisdiction, and agree to waive any legal objections they may have regarding service of process effected by any reasonable means. However, notwithstanding the foregoing, nothing in this Agreement shall prevent a party from seeking injunctive relief or a restraining order in so far as allowed by the terms of this Agreement from a court of competent 18 jurisdiction in anywhere in the world where such injunctive relief or restraining order shall be applied.

General Provisions.

18.a

18.b

18.c

18.d

18.e
Final Agreement. This Agreement sets forth the entire and final agreement and understanding of the parties with
respect to the subject matter hereof. Any and all prior agreements or understandings, whether written or oral,
with respect to the subject matter of this Agreement are terminated.

Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any
jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement
shall be enforceable as so modified.

Amendments and Waivers. No amendment or waiver of
any provision of this Agreement shall be valid unless the same shall be in writing (excluding email or the like) and signed by each of the parties. No waiver by either party with respect to any default, misrepresentation, or breach of warranty or covenant hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.

Notice. Any notice or other communication, if any, required hereunder will be effective only if given in writing,
evidenced by a delivery receipt, and personally delivered or sent by facsimile, overnight courier, or mail, postage
prepaid to the addresses shown above. Any notice or other communication if given personally will be effective upon the date shown or the delivery if given receipt.

Captions. The captions in this Agreement are for
convenience only and will not be considered a part of, or

18.f

18.g

18.h

18.i
18j
be deemed to affect the construction or interpretation of, any provision of this Agreement.

Counterparts and Facsimile Signature. This Agreement
may be executed in two or more counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the same instrument. An executed copy of this Agreement that is received electronically by one party from the other party shall be deemed and treated as the original. As used herein, the phrase 'received
electronically' shall mean that the Agreement may be
received by facsimile or email and that either or both
parties may store such Agreement (including the signatures hereto) in any electronic format that will accurately
reproduce the content of this Agreement at the time that it was executed (e.g., rightfax, PDF, etc.). This Agreement may be executed by facsimile signature. This Agreement shall not be deemed an offer and shall not be binding unless
signed by a duly authorized representative or officer of each party hereto, and after both executed counterparts are received by each party.

Expenses. Each party shall bear its own costs and expenses (including legal fees and expenses), unless otherwise
explicitly noted in this Agreement, incurred in connection with this Agreement and any transactions contemplated
hereby.

Construction. The language used in this Agreement has
been fully negotiated by both parties and shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against either party. Any reference herein to
"including" shall be interpreted as "including without
limitation."
United States Government Requirements. Al shall be
subject to and bound by those Federal Acquisition
Regulations (FAR), Agency Acquisition Regulations (AAR) and the Procurement Integrity Act clauses and provisions which are obligated by law by all federal contractors and their subcontractors. Such clauses and provisions are made a part of this Agreement and Al agrees to execute any
certifications required by law or regulation.

Limitation of Liability. In no event will either party be liable under or in connection with this Agreement for any lost profits and/or incidental, consequential, special, exemplary, and/or punitive damages.

18.k Legal Fees. The substantially prevailing party in any dispute arising between the parties will be entitled to receive its reasonable attorney's fees and out-of-pocket costs incurred in connection with any proceeding relating to such dispute, in addition to any other relief it may be awarded.

18. I Export. CUSTOMER agrees not to export, directly or indirectly, any U.S. origin Deliverables or technical data acquired from Allied Telesis, Inc. to countries outside the United States in violation of the United States export laws or regulations.

Date:

To:

Via:

City of Loma Linda
Official Report
October 11, 2022
Honorable Mayor and Members of the City Council
T. Jarb Thaipejr, City Manager
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
· Date --------
From: Lorena Matarrita, Community Development Department Subject: Request for approval of an agreement for professional services between the City and Planning PLUS/P+ for contract planning services
RECOMMENDATION:

Staff recommends City Council take the following actions:

1. APPROVE the use of funds to be deposited in the amount of $5,280 ($4,800 + $480 as a 10% contingency) as a pass through amount paid for by the applicant to cover the costs of contract planning services.

2. APPROVE the agreement for professional support services with Planning PLUS/P+ Consulting Services to review Highpointe Communities' project application for the proposed development rights transfer and future development of Planning Area 3-3 of The Groves at Loma Linda Specific Plan.

SUMMARY AND BACKGROUND:

Highpointe Communities, Inc. has submitted a Preliminary Development Review Application (PRD No. P22-204) for a future mixed-use project that will include commercial and high-density residential on a parcel south of Redlands Boulevard and east of Bryn Mawr A venue. The parcel is also known as Planning Area (P.A.) 3-3 of The Groves at Loma Linda Specific Plan and is designated as Special Planning Area D. In addition, the applicant is requesting the City consider a development rights transfer. He would like to transfer residential development rights between P.A. 3-3 (receiving) and P.A. 2-5 (sending).

Since 2012, Planning PLUS/P+ Consulting Services has been involved with assisting the City of Loma Linda with the SPA-D. P+ is uniquely qualified to assist city staff with review and processing of applications submitted for the subject area. More specifically, P+ is qualified to process any project application submitted by Highpointe Communities. Approving the agreement of services would authorize the City to deposit $4,800 (plus the $480.00 as a 10% contingency, for a total of $5,280.00) in a pass through account, paid by the applicant, to cover the costs of the contract planning services. See attached agreement to review the consultant's Scope of Work.

CC AGENDA 10e
City Council Staff Report
October 11, 2022

Through this preliminary review process, staff and the hired consultant will be able to provide the applicant with a comprehensive assessment of the required development regulations and land use entitlements needed to develop the property, as well as how to process the transfer development rights. At a later time, a formal application and official approval of the use will be required.

FINANCIAL IMPACT:

The agreement with Planning PLUS/P+ to prepare and process the project application will not result in any financial impacts to the City. The associated costs will be borne by the project applicant, as indicated by the request to use funds deposited by the applicant as a pass through amount.

ATTACHMENT:

A. Agreement for Consultant Services and Planning Plus' s Scope of Services

City of Loma Linda
Official Report
Phillip Dupper, Mayor
Ron Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
COUNCIL AGENDA:

TO:

FROM:

VIA:

SUBJECT:

RECOMMENDATION
October 11, 2022
City Council
,
Dan Harker, Fire Chief
T. Jarb Thaipejr, City Manager
Approved/Continued/Denied
By City Council
Date -------
Authorize the purchase of two (2) Ford EXPEDITION vehicles from Fairview Ford, for $90,000, as well as, authorize the purchase and installation of Code 3 response packages and accessories for both vehicles, not to exceed $78,700.

It is recommended that City Council authorize the purchase of two (2) Ford EXPEDITION vehicles from Fairview Ford, in the amount of $90,000. It is also recommended that Council authorize the purchase and installation of Code 3 response packages and accessories for both vehicles, not to exceed $78,700.

BACKGROUND
Based on a normal replacement schedule (10 years and/or 70,000 to 100,000 miles) it is time to replace the command staff 2008 Ford Expedition. This vehicle is used for emergency response, therefore, reliability and safety of the vehicle and its components are of paramount concern. The fire department also sold the Incident Support Unit for $125,000. This money was placed in the department's apparatus replacement account. Monies from the sale of this apparatus is paying for one of the command vehicles listed in this staff report. Council approved the purchase of two Ford F-150's on February 8, 2022. Currently Ford is not taking any more orders for F-150's until January 2023. If the department waits until then to make the purchase, we would not receive them until July 2023 and based on the current department needs this is unacceptable.

ANALYSIS:

Vehicle specifications were developed for the needs of the City then bids were solicited from three (3) local vendors. Three vendors responded with bids, Fairview Ford of San Bernardino, with a total of $90,000 for two (2) EXPEDITION XL T 4X4 vehicles, was the lowest. Staff compared these bids with bids from prior years and found it to be in line and comparable. The City has previously purchased vehicles from this vendor. The City has checked this vendor and is satisfied with their service commitment and references.

FINANCIAL IMPACT
Funding for the vehicles, as well as the Code 3 response packages is available in 0012130-58210.

CC AGENDA ITEM 10f
==>

FAIRVIEW FORD SALES, INC

FLEET AND TRUCK CENTER
740 WEST 2ND STREET
POBOX1390
SAN BERNARDINO CA 92402
PHONE #:(9�9) 386-0281 FAX #:(909) 386-0292
VEHICLE ORDER CONFIRMATION 02/04/22 18:32:04
Dealer: F71156
2022 EXPEDITION Page: 1 of 1
Order No: 0000 Priority: .E4 Ord FIN: QI353 Order Type: 5B Price Level: 225 Ord Code: 102A Cust/Flt Name: LOMA LINDA PO Number:

RETAIL RETAIL
UlG 4X4 XL $53160 794 PRICE CONCESSN

YZ OXFORD WHITE

L XL CLOTH BUCKET
H
102A
99T
44U
TGE
X3L
536

BLACK ONYX

EQUIP GRP
.SKID PLATES
.3.51 ECO V6 ENG
.10SPD AUTO
.P275/65R18 A/T
.3.73 REG AXLE

TRAILER TOW PKG
(2080)
NC
NC
NC
NC
795
CAL. BOARD FEES NC

FLEET SPCL ADJ NC
18B RUN BRDS,PLTFRM 405
64X 18" MCH ALM WHL NC
- --- ' ---------
� d-':!R � @;,qr'/ttK;- v1JLJrL �
� A.JO 3@ /JJw SE4fit11&�
)

REMARKS TRAILER
153 FRT LICENSE BKT

SP DLR ACCT ADJ

SP FLT ACCT CR
FUEL CHARGE;:

NC
B4A NET INV FLT OPT

PRICED DORA

DEST AND DELIV
NC
NC
1695
TOTAL BASE AND OPTIONS. 53975
TOTAL 53975
CC AGENDA ITEM 10f
CC AGENDA ITEM 10f
CC AGENDA ITEM 10f
CC AGENDA ITEM 10f
CC AGENDA ITEM 10f
CC AGENDA ITEM 10f
CC AGENDA ITEM 10f
City of Loma Linda
Official Report
COUNCIL AGENDA: October 11, 2022
TO:

VIA:

FROM:

SUBJECT:

RECOMMENDATION
City Council
T. Jarb Thaipejr, City Manager,
"ft r '/ !
Dan Harker, Fire Chief �
:,,
VA Medical Center Fire Services Agreement
Phillip Dupper, Mayor
Ron Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date ______ _
It is recommended that the City Council approve the agreement between the City and the Veterans Administration for fire protection services to the VA Medical Center for a Base year period of October 1, 2022 through September 30, 2023, plus Option Year One October 1, 2023 through September 30, 2024.

BACKGROUND
The VA Medical Center has maintained a Fire Services Agreement with the City since its beginning in the mid 1970's. This agreement was put in place to assure that Fire Department could maintain appropriate resources to meet the VA Medical Center response criteria as well as provide a form of economic impact mitigation.

In March 2022, Revenue and Cost Specialists conducted an updated analysis of the allocation of cost of the Loma Linda Fire Department Operations to the Loma Linda Veterans Affairs Hospital. The VA Fire Service cost allocation analysis includes one Base Year with four (4) Option Years.

ANALYSIS
The City has provided annual quotes for a five (5) year term based on the approved pricing methodology conducted by Revenue and Cost Specialists. This contract approves the Base Year plus Option Year One.

FISCAL IMPACT
The FY 2021/22 contract price of $240,000 was included in the FY 2022/23 general fund budget. However, following the updated cost analysis the FY2022/23 cost for service is now $326,058.

The cost for service for FY2023/24, Option Year One, is 327,472.52. For a total revenue for the two years of $653,530.52.

ATTACHMENT A- VA Contract with Amendments
CC AGENDA ITEM 10g
AMENDMENT OF SOL1CITATION/MODIFICATION OF CONTRACT I BPANO, 1 1• CONTRACT IP COPE I
PAGi r PAGES
23 2, AMENDMENT/MODIFICATION NUMBER 3, EFFECTIVE PA1!c 4. REQU!SrTIONIPURCHASE REQ. NUMBER 5, PROJECT NUMBER Qf applicabla) FOOOOl 10-05-2022 605-23-1-6083-0001 0
6, ISSUED BY CODE 36C262 7, ADMINISTERED BY (ll olher than Item 6) CODE I Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 22 Network Contracting Office 22 4811 Airport Plaza Drive 4811 Airport Plaza Drive
Suite 600 suite 600
Long Beach CA 90815 Long Beach CA 90815
0, NAME AND ADDRESS OF CONTRACTOR (Nulilber, •lreet, county, Slale end ZIP code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER c---
LOMA LlNDA, CI'rY OF
□ ea. DATED (SEE ITEM 11)
25541 BARTON RD lQA. MODIFICATION OF CONTRACT/ORDER NUMBER 36C26223C0019
LOMA LINDA CA 92354 �
10B, DATED (SEE IIEM 13)
CODE 3WZH0 FACILITY CODE 10-01-2022

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICIT A TIO NS 0 The above numbered sollcilallon is amended as set forth in Item 14. The hour and date specified for receipt of Offers Dis extended, D Is not extended, Offers must acknowledge receipt of thls amendment prior to the hour and date specified In the solicllalion or as amended, by one of the follow!ng methods:
(a) By complellng Items 8 and 15, and returning ____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submilted; or (c) By separate letter or electronic communication which Includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE: DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12, ACCOUNTING AND APPROPRIATION DATA (I[ roqulred) N/A 13, THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Ct��� A THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO, IN ITEM 10A. n
□
□
a. 1HE ABOVE NUMBERED CONTRAOTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANTTO THE AUTHORITY OF FAR 43, 103(b), (such as changes In paying office, appropriation dale, elo,) C, THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUAl'ff TO AUTHORITY OF: IAW FAR Part 52.212-4(c) Changes D. OTHER (Specify type or modlficeUon and aul/\Orlty)
E. IMPORTANT: Contractor O is not, 0 is required to sign this document and return 1 copies to the Issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organl,ad by UCF section headings, Including sollcilatlonlconlractsubfect ma lier where feasible.) This amendment for fire protection services at VA Loma Linda Healthcare System, 11201 Benton Street, Loma Linda, CA 92357 is being issued to:
a). Replace the current statement of work (see subsequent pages). b), Delete FAR Clause 52,212-5 Contract Terms and Conditions Required To Implement Statutes Or Executive OrdersCommercial Products and Commercial Services (MAY 2022) (JUL2020) (Deviation) in its entirety, c). Add FAR Clause 52,212-4 Contract Terms and Conditions -Commercial Products and Commercial Services {NOV 2021). d). Delete FAR Clause 52,223-99 Ensuring Adequate Covid-19 Safety Protocols for Federal Contractors {Oct 2021) Deviation e). Correct obligation number from 605-C30031 to 605-C30026, f). All other terms and conditions remain unchanged and in full force and effect.

Excopl as provided herein, all terms and conditions oflhe doeumanl ,ererenced In Item 9A or tOA, •• heretofore changed, remains unchanged and In foll force and of/eel. 16A. NAME AND TITLE OF SIGNER (Type or prtnt)
Daniel Harker -✓Fire
.,/.ti
Chief
150, DATE SIGNED
(Slgn�loie of per<on authorized lo sign)
10/06/2022

PREVIOUS EDITION NOT USABLE
16A. NAME AND TITLE OF CONTRACTING OFFICER
Alfreda Hunter
(Type or prinl)
16B, UNITED STATES OF AMERICA
ALFREDA HUNTER 173760 . �i��J"''"'dbyALFREDAHUNTER
Date: 2022. t 0.06 1 Cr.26:18 -0100'
160. DATE SIGNED
(Signolure of Conlracllng Officer)
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA-FAR (46 CFR) 53.243

ATTACHMENT-A
CC AGENDA ITEM 10g
a). DELETE:

8.2 STATEMENT OF WORK:

A. NON-RECURRING SERVICES:

1. Contractor shall respond in not more than five (5) minutes after receipt of alarm enunciator located at the Jerry L. Pettis Medical Center and report directly to the scene of the fire emergency. Contractor shall immediately notify the Contracting Officer's Representative (COR) or designee for preliminary information, if unable to make contact with the COR, contact the Plant Operator, Graphic Control.

2. The initial alarm response shall consist of not less than the following equipment and manpower in a ready status:
2- Engine Companies
1-Chief Officer
6-Fire Fighters
Upon initial alarm response the Chief Officer, based on his/her assessment, shall provide additional equipment within eighteen (18) minutes:
2- Arial ladder Companies
9-12 Firefighters
1-Chief Officer
2 - 2 ¼" Hose Lines

3. The Contractor shall extinguish fires as necessary and provide rescue of persons, animals and equipment in their order as feasible. Contractor shall provide cleanup of the area affected by fire and extinguishing services to the extent that all person, animals, equipment and records are retrievable.

4. The Contractor shall provide ventilation and other first aid to fire victims until facility personnel are able to provide relief. The Contractor shall verbally provide all requested information that is known regarding the fire incident to the COR upon completion of emergency work.

5. The Contractor shall provide emergency hazardous materials (HAZMAT) team response to spills or releases of hazardous materials or substances occurring on the Medical Center campus. The response includes, but is not limited to, entry into contaminated areas of the Medical Center for the purpose of isolating contamination sources or containing liquid spills.

HAZMAT team notification of need for services may be by fire alarm, telephone call from the Safety Officer (COR), or the Plant Operator, Graphic Control technician on duty. All hazardous material collected during cleanup operations shall be turned over to the Safety Officer or designated representative for proper containment and disposal.

CC AGENDA ITEM 10g
B. SPECIAL CONDITIONS:

1. Excepted Equipment: The Government shall maintain a direct connection from the facility Fire Alarm System to Apple Valley Communications of Apple Valley, California from which a call shall be immediately placed to the Contractor. The Contractor shall respond in not more than five (5) minutes after receipt of notification from the switchboard operator at Apple Valley Communications. An interrupting switch shall be maintained and utilized by the facility when conducting fire drills.

2. The Government shall furnish and maintain fire hydrants for the Contractor's use. The facility shall inspect, maintain and utilize fire hydrants when conducting fire drills.

C. QUALIFICATIONS:

The Contractor must be a trained professional firefighting and rescue organization'which currently provides such services to an incorporated municipality with response time of three to five minutes to this facility upon notification by Veteran Affairs Personnel. There are three different types of methods that the contractor shall be notified by in case of an emergency or services are required: alarm enunciator, Apple Valley Communications of Apple Valley, CA or Veterans Affairs Personnel.

D. ALARM MONITORING COMPANY?
Apple Valley Communications
21805 Highway 18
Apple Valley, CA 92307
Phone: 760-24 7-2668
Fax: 760-247-0087
CA, Contractor #542642 C
Alarm License #ACO 3056
E. SECURITY REQUIREMENTS:

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Veterans Affairs Loma Linda Healthcare System (VALLHS), shall abide by all the terms and conditions of this contract.

F. AUTHORIZED SERVICES:

Only those services specified herein are authorized under this contract. Before performing any service of a non-contract nature, the Contracting Officer must be advised of the reason(s) for this additional work. The Contracting Officer (CO) shall authorize the additional services under a separate purchase authorization. Contractor shall be cautioned that only the CO may authorize additional services and that reimbursement shall not be made unless prior authorization is obtained.

G. HOURS OF SERVICE:

This contract is a full service contract to provide 24 hours per day, 7 days per week fire protection services, including National Holidays.

CC AGENDA ITEM 10g
NATIONAL HOLIDAYS:

New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
H. CONTRACTOR PERSONNEL:
1 January
Third Monday in January
Third Monday in February
Last Monday in May
4 July
First Monday in September
Second Monday in October
11 November
4 th Thursday in November
25 December
All Contractor personnel assigned to the performance of this contract shall wear a Contractorprovided uniform that clearly identifies the individual as a Contractor.

Contractor personnel shall be required to speak fluently and comprehend the English language.

I. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

Contractor shall be required to provide copies of the following:

The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-lnsurance and Subpart 28.307.2-Liability.

Within 15 days of contract award the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without a guaranteed thirty (30) days notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

J. IDENTIFICATION BADGES:

All Contractor personnel are required to wear I.D. Badges during the entire time they are on VA grounds. ID Badges must have an identification picture and shall state the name of the individual and the company represented.

CC AGENDA ITEM 10g
REPLACE WITH:

B.2 STATEMENT OF WORK:

A. NON-RECURRING SERVICES:

6. Contractor shall have a total response time which meets or exceeds industry standards to a reported emergency at the Jerry L. Pettis Medical Center. The Loma Linda Fire Department currently has a response time standard of eight (8) minutes or less 90% of the time.

Government shall provide a representative to meet the first arriving unit and provide information on the location and nature of the emergency. The Government shall also provide a representative at the command post throughout the incident.

7. The initial response for a ringing alarm shall consist of the following equipment and manpower in a ready status. The on scene incident commander will enhance the response if the ringing alarm is updated to a report of fire:
1 - Engine Companies
1 - Truck Company
1 - Chief Officer
1- Fire personnel
The initial alarm response for a reported fire shall consist of the following equipment and manpower in a ready status. The initial full alarm will have a response time of 1 O minutes or less 90% of the time. The on scene incident commander will enhance the response as needed to mitigate the emergency:
5 - Engine Companies
2 - Truck Companies
1 -Chief Officer
22 - Firefighters

3. The Contractor shall extinguish fires as necessary and provide rescue of persons, animals and equipment in their order as feasible. Contractor shall provide salvage and overhaul of the area affected by fire and extinguishing services to the extent that all person, animals, equipment, and records are retrievable.

4. The Contractor shall provide emergency medical care to victims involved in the incident until facility personnel are able to provide relief. The Contractor shall verbally provide all requested information that is known regarding the fire incident to the COR upon completion of emergency work.

5. The Contractor shall coordinate an emergency hazardous materials (HAZMAT) team response to spills or releases of hazardous materials or substances occurring on the Medical Center campus. The response includes, but is not limited to, entry into contaminated areas of

CC AGENDA ITEM 10g
the Medical Center for the purpose of isolating contamination sources or containing liquid spills.

The Contractor will be notified of the need for a hazardous materials response through the Contractors Emergency Communication Center (ECG); Confire Communications. The Government shall contact the Contractor's ECG through alarm activation or by Veterans Affairs Personnel activating the emergency communication system by calling 9-1-1. All hazardous material collected during cleanup operations shall be turned over to the Safety Officer or designated representative for proper containment and disposal B. SPECIAL CONDITIONS:

1. Excepted Equipment: The Government shall maintain a direct connection from the facility Fire Alarm System to Apple Valley Communications of Apple Valley, California from which a call shall be immediately placed to the Contractor. The Contractor shall have a total response time which meets or exceeds industry standards. The Loma Linda Fire Department currently has a response time standard of eight (8) minutes or less 90% of the time to a reported emergency.

An interrupting switch shall be maintained and utilized by the facility when conducting fire drills

2. The Government shall furnish and maintain fire hydrants for the Contractor's use. The facility shall inspect, maintain and utilize fire hydrants when conducting fire drills.

C. QUALIFICATIONS:

The Contractor must be a trained professional firefighting and rescue organization which currently provides such services to an incorporated municipality with a total response time consistent with industry standards. The Contractor will be notified of the need for an emergency response through the Contractors Emergency Communication Center (ECG); Confire Communications. The Government shall contact the Contractor ECG through alarm enunciator, Apple Valley Communications of Apple Valley, CA or by Veterans Affairs Personnel activating the emergency communication system by calling 9-1-1
D. ALARM MONITORING COMPANY:

Apple Valley Communications
21805 Highway 18
Apple Valley, CA 92307
Phone: 760-24 7-2668
Fax: 760-247-0087
CA, Contractor #542642 C
Alarm License #AGO 3056
E. SECURITY REQUIREMENTS:

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Veterans Affairs Loma Linda Healthcare System (VALLHS), shall abide by all the terms and conditions of this contract.

F. AUTHORIZED SERVICES:

Only those services specified herein are authorized under this contract. Before performing any service of a non-contract nature, the Contracting Officer must be advised of the reason(s) for this additional work. The Contracting Officer (CO) shall authorize the additional services under a

CC AGENDA ITEM 10g
separate purchase authorization. Contractor shall be cautioned that only the CO may authorize additional services and that reimbursement shall not be made unless prior authorization is obtained.

G. HOURS OF SERVICE:

This contract is a full-service contract to provide 24 hours per day, 7 days per week fire protection services, including National Holidays.

NATIONAL HOLIDAYS:

New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
H. CONTRACTOR PERSONNEL:
1 January
Third Monday in January
Third Monday in February
Last Monday in May
June 19th
4 July
First Monday in September
Second Monday in October
11 November
4 th Thursday in November
25 December
For non-emergency business all Contractor personnel assigned to the performance of this contract shall wear a Contractor- provided uniform that clearly identifies the individual as a Contractor. During an emergency response Contractor personnel shall wear approved safety gear that clearly identifies the individual as a Contractor employee Contractor personnel shall be required to speak fluently and comprehend the English language.

I. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

Contractor shall be required to provide copies of the following:

The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-lnsurance and Subpart 28.307.2-Liability.

Within 15 days of contract award the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without a guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

CC AGENDA ITEM 10g
J. IDENTIFICATION BADGES:

For non-emergency business all Contractor personnel are required to have a Contractor issued I.D. Badges during the entire time they are on VA grounds. ID Badges must have an identification picture and shall state the name of the individual and the company represented.

CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
CC AGENDA ITEM 10g
City of Loma Linda
Official Report
Rhodes Rigsby, Mayor
John Lenart, Mayor pro tempore
Ronald Dailey, Councilman
Ovidiu Popescu, Councilman
Phillip Dupper, Councilman
COUNCIL AGENDA:

TO:

FROM:

SUBJECT:

RECOMMENDATION
October 11, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director -,. .J � Approve the Notice of Completion for the Construction of California Widening and Storm Drain Installation (CIP 19-193).

It is recommended that the City Council accept this project as substantially complete and authorize the City Clerk to file the Notice of Completion.

BACKGROUND
On December 14, 2021, City Council awarded the contract to Riverside Construction Company Inc. in an amount of $3,317,754.00 with an approved contingency amount of $332,000.

The Contractor performed in a responsive, professional and effective manner completing the work within the contingency amount. The final project cost was $3,573,695.94. This project was eligible to utilize Measure I, Major Street Arterial (MSART), funding of 61.2% of project cost with the City matching share of 38.8%, which was funded through Traffic Mitigation fees collected through development.

Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year warranty provided by the contractor will commence from the date of recordation.

FINANCIAL IMPACT
Funding for this project was provided by 12-2340-8500, Traffic Mitigation Fund-Infrastructure and 27-5345-8500, Measure I MSART-Infrastructure.
!:\Public Works Admin\Sta.ff ReportsWotice ofCompletion\California Street Widening 10-11-22.doc CC AGENDA ITEM 11a
RECORDING REQUESTED BY:

LYNETTE ARREOLA
AND
WHEN RECORDED MAIL TO:

CITY CLERK

LYNETTE ARREOLA

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354

SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
NOTICE rs HEREBY GIVEN THAT:

1. 2.

3. 4.

The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described:

The FULL NAME of the OWNER is ____ C�ity�o �fL=mn=a==L=in=d=a _____________ _ The FULL ADDRESS of the OWNER is --2=5�54�1� = B�a=rt=on=R=oad=· = =L=om==a�L=in=d=a�, =C�A�9�2=3�54�---- The NA TlJRE OF THE INTEREST or ESTATE of the undersigned is: In fee. (Ifother than fee, strike "in fee" and insert, for example "purchaser under contract of purchase" or "lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or EST ATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the cmmnencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was CO1\1PLETED September 13, 2022

8. The work of improvement completed is described as follows: Construction of California Street Widening & Storm Drain Installation Project. (CIP 19-19 3)

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is _____ Riverside Construction Company, Inc., 4225 Garner Rd., Riverside, CA 925 02-1146

10. The street address of said property is California Street from Redlands Blvd. to Orange Street

11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:

Construction of California Street Widening & Storm Drain Installation Project. (CIP 19-19 3) Signature of Owner or Agent Owner ______________ _ Date:

Lynette Arreola, City Clerk
Verification of INDIVIDUAL owner_____ ________________ I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contends thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Clerk of the aforesaid interest or "PRESIDENT, PARTNER, MANAGER, AGENT, ETC." in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of person signing on behalf of owner) Lynette Arreola, City Clerk
I: \Public Works Admin\Staff ReportsWotice ofCompletion\Ca/ifornia Street Widening 10-11-22.doc City of Loma Linda
Official Report
Rhodes Rigsby, Mayor
John Lenart, Mayor pro tempore
Ronald Dailey, Councilman
Ovidiu Popescu, Councilman
Phillip Dupper, Councilman
COUNCIL AGENDA:

TO:

FROM:

SUBJECT:

RECOMMENDATION
October 11, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director-CJ.\, Approve the Notice of Completion for the Construction of Installation of l" Water Service Laterals (CIP 22-663).

It is recommended that the City Council accept this project as substantially complete and authorize the City Clerk to file the Notice of Completion.

BACKGROUND
On July 12, 2022 City Council awarded the contract to MCC Equipment Rentals, Inc of Yucaipa, CA in an amount of $180,780.00 with an approved contingency amount of $18,000.

The Contractor perfo1med in a responsive, professional and effective manner completing the work within the contingency amount. The final project cost was $183,780.00. The additional cost was due to unforeseen field conditions encountered during installation.

Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year waiTanty provided by the contractor will commence from the date of recordation.

FINANCIAL IMPACT
Funding for this project was provided by Water Distribution Infrastructure Account No. 4657020-58500
I: \Public Works Admin\Sta.ff ReportsWotice ofCompletion\Insta/11 inch Water Service Lateral CIP 22-663.doc CC AGENDA ITEM 11b
RECORDING REQUESTED BY:

LYNETTE ARREOLA
AND
WHEN RECORDED MAIL TO:

CITY CLERK

LYNETTE ARREOLA

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6 I 03

1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described:

2. The FULL NAME of the OWNER is ____ C=ity,1-.:=..o"-f L=o=r=n=a=L=in=d=a'---------------

3. The FULL ADDRESS of the OWNER is --=25"""5'--'4--"-1--=B=a=rt=on=R=o=ad=,-=L=o=m=a""L=in=d=a,,__, =C"---'A'----'9=2=3"'-54..:..._ ____ _

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike "in fee" and insert, for example "purchaser under contract of purchase" or "lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or EST ATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was CO1\.1PLETED September 23, 2022

8. The work of improvement completed is described as follows: Installation of 1" Water Service Laterals. (CIP 22-663

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is __ __ _ MCC Equipment Rentals, Inc., PO Box 1730, Riverside, CA 92399

10. The street address of said property is 1" Water Service Laterals in Various Locations

11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:

Installation of 1" Water Service Lateral. (CIP 22-663)
Signature of Owner or Agent Owner _______________ _ Date: _________ _ Lynette Arreola, City Clerk
Verification of INDIVIDUAL owner____________________ _ I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contends thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of owner named in paragraph 2) Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Clerk of the aforesaid interest or "PRESIDENT, PARTNER, MANAGER, AGENT, ETC." in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of person signing on behalf of owner) Lynette Arreola, City Clerk
!:\Public Works Admin\Staff Reports\Notice ofCompletion\Insta/11 inch Water Service Lateral CJP 22-663.doc City of Lotna Linda
Official Report
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhayin Jindal, Councilman
Rhodes Rigsby, Councilman
COUNCIL AGENDA:

TO:

FROM:

SUBJECT:

RECOMMENDATION:

October 11, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Thaipejr, City Manager/Public Works Director
Accept Offsite Improvements for Tract 18990 (West side of California Street between Redlands Boulevard and Mission Road, Lennar Homes)
It is recommended that the City Council accept the offsite improvements for Tract Map 18990; release the associated guarantee and begin the one-year maintenance period.

BACKGROUND:

On December 11, 2018 the City Council approved Tract Map No. 18990, subject to conditions of approval. This subdivision, located on the west side of California Street between Redlands Boulevard and Mission Road, consists of 224 parcels for single family residence purposes. The developer, Lennar Homes, has completed the installation of the offsite improvements and had posted a guarantee for completion of the improvements. The developer has made a request to have the City accept the improvements and begin the one-year maintenance period.

ANALYSIS:

The offsite improvements have been completed and reviewed. Staff is satisfied that the improvements are ready to be accepted by the City. The Developer will submit a maintenance guarantee of 10% for one year to guarantee the installed improvements.

FINANCIAL:

The new infrastructure will be added to the City inventory. \ \CLL-SV-FILE\Public Works\Public Works Admin\Staff Reports\Subdivision Imp Accept\Tract 18990 Off Site Improvements.docx CC AGENDA ITEM 12
City of Loma Linda
Officia I Report
COUNCIL AGENDA: October 11, 2022
TO: City Council
Phill Dupper, Mayor
Ron Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date _______ _
FROM: T. Jarb Thaipejr, City Manager/Public Works Director SUBJECT: Re-appropriate $53,700 out of General and $15,200 out of Water Enterprise Fund Balances into FY 2022-23 for items/services not received by fiscal 2021-22 year end.

RECOMMENDATION
It is recommended that the City Council Re-appropriate $53,700 out of General and $15,200 out of Water Enterprise Fund Balances into FY 2022-23 for items/services not received by fiscal 2021-22 year end.

The purchases/services are as follows:

1. F-250 ordered for the Streets Department - $38,000

2. Completion of Development Impact Fee Study - $11,300

3. Pipe/Cable locator - $4,400

4. MCR Technologies, Calibration of Mag Meter - $1,300

5. Colorimetric Analyzer for Mt. View Well #5 - $13,900

BACKGROUND
The funds for these items and service were included in the Fiscal Year 2021-22 Budget. The orders were placed before the City's purchase cut-off deadline to ensure timely delivery. The Coronavirus pandemic has greatly slowed productivity and supply chains. Therefore, the items were not received before the end of the fiscal year and need to be re-appropriated into the current budget year.

FINANCIAL IMP ACT
Re-appropriate $38,000 into 0013200-58210, $11,300 into 0013100-51820, $4,400 into 0013200-51670 and $15,200 into 4657010-51300 for FY 2023.

CC AGENDA ITEM 13
Date:

To:

Via:

From:

City of Loma Linda
Official Report
October 11, 2022
Honorable Mayor and Members of the City Council
T. Jarb Thaipejr, City Manager
Lorena Matarrita, Community Development Director
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempo re
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date -------
Subject: Appropriate funds and award contract for Professional Services between the City and Revenue and Cost Specialists to prepare a User Fee Study RECOMMENDATION:

Staff recommends City Council take the following actions:

1. APPROVE appropriations from General Fund Reserves of $27,500 into Account No. 0011940-51830. The appropriation amount includes a 10% contingency amount of $2,500.00.

2. AWARD a contract in an amount of$25,000 to Revenue & Cost Specialists of Fullerton, CA to prepare a User Fee Study.

BACKGROUND:

Ensuring that costs are current for the provision of City services is a critical element in budget stabilization. Under State law, user fees charged by the City are limited to recovering the cost of providing the related services. In addition, the law also allows the City to charge market rates for the use of government property, such as renting a room at the Community Room or Senior Center.

The last User Fee Study was conducted in 2015. The City is still operating under the Fee Schedule that was adopted in 2015 and effective on January 1, 2016. Most city fees and services charges have remained unchanged for almost seven years despite inflation increases. It is now time to update the fees. A reasonable relationship or nexus must exist between the service and cost or fees imposed. In order to establish a nexus between cost and fees, an extensive analysis needs to be conducted.

ANALYSIS:

City staff contacted three companies to request proposals to prepare a new User Fee Study.

Those companies included: Willdan Financial Services, NBC Government Finance Group and Revenue & Cost Specialists (RSC). Staff received responses from two of the firms. RSC was the only firm to provide a proposal that listed their cost for the task as well as their qualifications.

CC AGENDA ITEM 14
City Council Staff Report
October 11, 2022

A similar type of study, the Development Impact Fee Calculation and Nexus Study, was prepared by RSC earlier this year. In addition, RSC prepared the User Fee Study for the City in 2015 and in 2003/2004. The previous studies produced by them were determined to be excellent, supportable and professional products. Considering the nature and cost for similar work and a similar request, their current proposal appears to be a favorable one.

FINANCIAL IMPACT:

Supplemental Appropriation of $27,500 from General Fund Reserves into Account No. 0011940-51830, for contractual agreements. The hired consultant will be paid through this account.

ATTACHMENT:

A. Agreement for Consultant/Professional Services and RSC's Proposal

Phillip Dupper, Mayor City of Loma Linda
Official Report
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenait, Councilman
Bhavin Jindal, Councilman
DATE:

TO:

FROM
VIA:

October 11, 2022
City Council
Lynette Arreola, City Cle�
Jarb Thaipejr, City Manager
Approved/Continued/Denied
By City Council
Date -------
SUBJECT: Council Bill #0-2022-03 - (Second Reading/roll call vote) Amend and replace in its entirety Chapter 3 .13 of the Loma Linda Municipal Code, Hotel Incentive Program.

RECOMMENDATION
It is recommended that the City Council waive the reading of Council Bill #0-2022-03 in its entirety, direct the Clerk to read by title only and call the roll.

BACKGROUND
At the September 13, 2022, City Council meeting, the City Council conducted a Public Hearing and introduced #0-2022-03 to set the second reading for October 11, 2022.

The Ordinance amendment is to re-establish the Hotel Incentive Program, which expired June 30, 2020; to allow for additional qualifying hotels into the program; to extend the application expiration date to June 30, 2025; and to increase the incentive or "reimbursement" in an amount equal to 50% of the Transiet Occupancy Tax (TOT) collected and remitted to the City. The incentive payments shall be made for the ten (10) year annual period commencing on the opening and terminating on the tenth (10th) am1iversary date of the opening or, if earlier, reach the Maximum Aggregate Amount of $850,000.

ENVIRONMENTAL
The ordinance is exempt from CEQA pursuant to Section 15061(b)(3).

FISCAL IMP ACT
The incentive is provided on a reimbursement basis to the hotel owner. The owner would receive a maximum TOT reimbursement of up to $850,000 over the life of the application. The remaining revenue to the City is "new" revenue for general City services.

Attachment:

Council Bill #0-2022-03
Page I of I
CC AGENDA ITEM 15
Council Bill #O-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 15061(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. Ordinance. This ordinance shall become effective on the thirty-first day after passage.

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 MUNCIPAL 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, 2021 and subject to increases (but not decreases) per the CPI as computed on each anniversary of January 1, 2021 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 décor); (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; (O) 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.

O. “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 l 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 CPI.

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: October 11, 2022
TO: City Council
SUBJECT: Request by the property owner to remove a city tree located in front of 11467 Richmont Road (Continued from September 13, 2022)

RECOMMENDATION
It is recommended that this item be continued to November 8, 2022, pending the Arborist Inspection Report.

Approved/Continued/Denied
By City Council
Date
FROM: T. Jarb Thaipejr, City Manager/Public Works Director CC AGENDA ITEM 16