Loma Linda City Council
November 8, 2022

CITY OF LOMA LINDA

CITY COUNCIL AGENDA
REGULAR MEETING OF NOVEMBER 8, 2022
A regular meeting of the City Council of the City of Loma Linda is scheduled to be held Tuesday, November 8, 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.

Meetings are accessible to people with disabilities Every attempt will be made to swiftly address each request 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.

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.

A recess may be called at the discretion of the City Council.

A. Call To Order
B. Roll Call
C. Closed Session/Workshop
D. Invocation and Pledge of Allegiance – Councilman Jindal (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.)
City Council Agenda

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 – Nurse Practioner Week

2. Proclamation – Family Court Awareness Month

2.1 Proclamation – Friendship City with Municipality of Puntarenas I. Consent Calendar

3. Demands Register

4. Minutes – September 13 and October 11, 2022

5. Award Contract to Park Place Technology for a one-year agreement to provide managed services for the city servers and network devices [Information Systems]

6. Council Bill #R-2022-40 – Adopt Resolution for the property tax exchange related to LAFCO Application No. 3259 [Community Development]

7. Award a 3-year contract to upgrade the City’s Permit Management Software to Tyler Technologies, Inc., and approve Supplemental Appropriation of $71,200 in the Special Facilities Fund, $23,700 from Special Projects Construction Fund [Community Development]

8. Award Contract/Agreement to Ruiz Concrete & Paving, Inc. for sidewalk installation at various locations in the amount of $93,330.50 (CIP 22-110) [Public Works]

9. Accept as complete and authorize recordation of Notice of Completion for Pavement Rehabilitation on Birch Ave., Pecan Wy, Tamarack St., Cedar Wy., Murphy St. Welebir St., Loma Linda Dr., Cielo Ln., Mandarin Ct., Nicks Ave., Orange Crest Way, Huron St., Cypress St., Almond Ct., Carrol Ct., Allen Way in the amount of $1,037,191.84, Contractor: Matich Corporation (CIP 22-111) [Public Works]

10. Authorize services to mitigate wild donkey population, amount not to exceed $36,200; Services rendered by Donkeyland Rescue [Fire]
J. Old Business

11. Council Bill #O-2022-06 (Second Reading and roll call vote) Amending and adopting the Building Code Ordinance 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
City Council Agenda

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

12. California Fire Code Ordinance Adoptions [Fire]
a. Council Bill #O-2022-04 - (Second Reading and roll call vote) – Adopting 2022 California Fire Code Ordinance based on the 2021 International Fire Code b. Council Bill #O-2022-05 (Second Reading and roll call vote) – Adopting the 2021 International Wildland-Urban Interface Code Ordinance

13. Council Bill #O-2022-07 – (Second Reading and roll call vote) – Adopting Section 1.20.040 By-District Elections, of Chapter 1.20, General Municipal Elections, of the Loma Linda Municipal Code, establishing City Council election boundaries and sequencing elections within those boundaries to change the City’s electoral system from at-large to by-district with respect to electing members of the City Council [City Manager]

14. Request by property owner to remove a city tree from 11467 Richmont Rd.- Arborist Inspection Report [Continued from Oct. 11, 2022]
K. New Business

15. Member Appointments to the following:
a. Budget Committee
b. Parks, Recreation and Beautification Committee
c. Personnel Board
d. Planning Commission
e. Traffic Advisory Committee
f. Trails Development Committee (8 members, but reduce to 6 members) 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

POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that on the 3 rd day of November 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

CITY OF LOMA LI DA,CA

PROCLAMATION
022 NATIONAL NURSE PRACTIONER WEEK
WHEREAS, Nurse Practitioners (NPs) play a critical role as trusted providers of health care for patients in our state; and
WHEREAS, NPs work to expand health care access in underserved communities, promote health equity in care; and
WHEREAS, patients depend on the more than 355,000 licensed NPs in the United States and California (31 8T
State) to diagnose, manage, and treat their chronic and acute health care conditions; and WHEREAS, NPs provide high-quality primary, acute and specialty health care services while emphasizing health promotion, disease prevention, health education and counseling, guiding patients to make smarter health and lifestyle choices eve1y day; and
WHEREAS, the confidence that patients have in NP-delivered health care is evidenced by the more than 1 billion visits made annually to NPs across the country; and
WHEREAS, more than five decades of research demonstrates the high quality of care provided by NPs; and WHEREAS, better utilization of NPs through modernized state laws and improved policies creates better health through a more accessible, efficient, cost-effective and higher-quality health care system; and WHEREAS, more than half the nation - including 26 states, the District of Columbia, Guam and the Northern Mariana Islands - has adopted Full Practice Authority legislation, offering patients full and direct access to the outstanding care provided by NPs; and
WHEREAS, leading governmental and policy entities including the National Academy of Medicine, National Council of State Boards of Nursing, National Governors Association and Federal Trade Commission have taken notice of the benefits of providing patients full and direct access to NP-delivered care; and WHEREAS, NPs serve as the primary care provider of choice for many Californians and play a pivotal role in the health and welfare of our communities; and
WHEREAS, City of Loma Linda is proud to recognize and honor the service of NPs to our state; NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Loma Linda hereby declares NOVEMBER 13-19, 2022, as NATIONAL NURSE PRACTIONER WEEK in recognition of the countless contributions NPs have made over the past half centwy and will continue to make on behalf of the health and well-being of citizens in our state.

Signed and presented this 8
th day of November, 2022.

Phillip Dupper, Mayor
CC AGENDA ITEM 1

CITY OF LOMA LINDA, CA

PROCLAMATION
2022 FAMILY COURT AWARENESS MONTH
WHEREAS, the mzsszon of the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children; and
WHEREAS, the mission at the FCAMC is fueled by the desire to create awareness and change in the family court ::.ystem for the conservatively estimated, 58,000 children a year ordered into unsupervised contact with abusive parents, while honoring the hundreds of children who have been reported as murdered during visitation with a dangerous parent; and WHEREAS, the mission of the FCAMC is to increase awareness on the importance of empirically-based education and training on domestic violence and child abuse, including emotional, psychological, physical, and sexual abuse, as well as childhood trauma, coercive control, and post separation abuse for judges and all professionals working on cases within the family court system; and WHEREAS, the mission of the FCAMC is to increase awareness on the importance of using scientifically valid, evidence-based, treatment programs and services that are proven in terms of safety, effectiveness, and therapeutic value; and
WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on evidence-based, peer-reviewed research. Such research' is a critical component to making decisions that are truly in the best interest of children. This research includes The Adverse Childhood Experiences (ACEs) Study (co-principal investigator: Vincent Felitti, Kaiser Permanente-CDC); Child Custody Evaluators' Beliefs About Domestic. Abuse Allegations (principal investigator: Daniel Saunders, University of Michigan, sponsored by the National Institute of Justice); and Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations (principal investigator: Joan S. Meier, GW Law School, sponsored by the National Institute of Justice).

NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Loma Linda hereby declares NOVEMBER to be FAMILY COURT AWARENESS MONTH.

Signed and presented this 8
th day of November, 2022.

Phillip Dupper, Mayor
CC AGENDA ITEM 2

CITY OF LOMA LINDA, CA

PROCLAMATION

FRIENDSHIP CITY RELATIONSHIP BETWEEN THE CITY OF LOMA LINDA,

CALIFORNIA, USA AND THE MUNCIPALIITY OF PUNTARENAS, PUNTARENAS

PROVINCE, REPUBLIC OF COSTA RICA
WHEREAS, the City of Loma Linda established a Friendship City Memorandum of Understanding by resolution on the 28th day of.June 2022 between the City of Loma Linda and the Municipality of Puntarenas; and
WHEREAS, the City of Loma Linda and the Municipality of Puntarenas have similarities as it relates to mutual interests in cultural matters, economic and sustainable development, humanitarian assistance, and health and well-being goals; and WHEREAS, the City of Loma Linda and the Municipality of Puntarenas recognize the importance of cultivating a strong, international relationship; and WHEREAS, the Friendship City relationship will establish a more integrated society and foster opportunities for communities in both cities to share ideas that will advance cultural understanding, appreciation, and respect for others; and WHEREAS, the Friendship City relationship will encourage representatives of both cities to engage in relevant discussions and seek cooperation in the fields of governance, health and well-being, education, economics and culture on the basis of friendship, goodwill and diplomacy.

NOW, THEREFORE, BE IT RESOLVED BY that the Mayor and City Council of the City of Loma Linda hereby proclaim that a Friendship City relationship exists between the City of Loma Linda and the Municipality of Puntarenas.

Signed and presented this 8
th day of November, 2022.

Phillip Dupper, City of Loma Linda Mayor
CC AGENDA ITEM 2.1
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: November 8, 2022
TO: City Council
SUBJECT: Demands Register

RECOMMENDATION
It is recommended that the City Council approve the attached list of demands for payment.

CC AGENDA ITEM 3
Approved/Continued/Denied
By City Council
Date _________________

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: November 8, 2022
TO: City Council
SUBJECT: Minutes of September 13, October 11, 2022

RECOMMENDATION
It is recommended that the City Council approve the minutes of September and October, 2022.

Approved/Continued/Denied
By City Council
Date _________________
CC AGENDA ITEM 4
City of Loma Linda
City Council Minutes
Regular Meeting of September 13, 2022
A regular meeting of the City Council was called to order by Mayor Dupper at 7:05pm Tuesday, September 13, 2022.

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 Mayor Dupper.

Items To Be Added Or Deleted
No items were 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 of the Mayor.

Scheduled and Related Items
CC-2022-73 – Request to remove a city tree from 11467 Richmont Rd. Property Owner: Rosemary Peng City Manager Thaipejr pointed out that the letter of request by owner and photos were included in the staff report. He noted that the tree is in the City right-of-way, but the canopy of the tree is encroaching into the residential property.

Rosemary Peng, property owner of 11467 Richmont, explained that she submitted a request to the City in March, 2022, to remove the tree in front of her property due to multiple occurrences of property and plumbing damages she has experienced for several years on her property. She was informed the tree would be removed by the City, but later received notice that it was put on hold because of a hawk’s nest on the tree. She understood there was protest from her neighbors as well. She pointed out the roots run parallel to her gas line, which is also a concern to her. She stated that she is not opposed to replace the tree to a more suitable tree.

Joanne Jolly, tenant of the property, expressed concern to safety matters and possible damages that may occur, especially with the roots running parallel to the gas line. She believed there are sufficient safety matters to justify the removal of the tree.

Xi Zhang, 11454 Richmont Rd., expressed concerned with the lack of greenery in the City. She would like the City to verify the damage claims incurred by the owner. She stated the tree is home to many animals, including a hawk, which is a protected species. She is opposed to the removal of the tree.

It was noted that the City of Loma Linda is part of a Tree City USA. Councilman Jindal would support replacing the tree should it be required to be removed.

Andrew H., resident, opposed to removing the tree, but willing to help invest in mitigation measures to help hold up the tree.

City Manager Thaipejr explained that the City will remove street trees when they are dead and dying and where a safety hazard exists.

Discussion ensued regarding the type of tree, whether it is a tree that would cause damage, the maintenance responsibility, liability issues against the City, the option to replace the tree, and have an arborist inspect the tree.

Milford Harrison, resident, stated that he has lived on Tulip St. for many years where there are many ash trees up and down the streets. He says they are beautiful trees and very solid. He does not support removing the tree.

The City Council directed staff to obtain an inspection report from a licensed arborist and report back at the next meeting.

CC-2022–74 - Public Hearing – Council Bill #O-2022-03 – (Introduce on first reading, set second reading for October 11, 2022) Amend and replace in its entirety Chapter 3.13 of the Loma Linda Municipal Code, Hotel Incentive Program, with modified qualifications and a new sunset date Community Development Director Lorena Mataritta presented the report into evidence. She explained the purpose is to provide a financial incentive program through the transient occupancy tax (TOT) that gets paid at a qualifying hotel; the hotel must be of high quality such as having a minimum AAA three-diamond rating or be a qualifying brand with various amenities; they must have a minimum 90 guestrooms or more and at least 2,500 sq. ft. of meeting space (or under agreement with another hotel within 1000 sqft); Reestablishing this incentive program will encourage the development of quality hotels, provide jobs, promote tourism, and provide tax revenue for the city. She noted there is a sunset date of June 30, 2025. She pointed out a correction that must be done on the first page that states 2016 and should be 2021. She concluded recommending approval the Council Bill Ordinance.

Discussion ensued pertaining to the hotel rating criteria and the purpose to amend and update this program.

No public comments were offered upon invitation of the Mayor and the Public Hearing was closed.

Motion by Rigsby, seconded by Jindal, to introduce Council Bill #O-2022-03 on first reading and set second reading to October 11, 2022, to amend and replace in its entirety Chapter 3.13 of the Loma Linda Municipal Code and to correct the date on Section 3.13.020(A) of the Ordinance from January 1, 2016 to January 1, 2021; the City Clerk called roll and the item was approved unanimously.

CC-2022-75 - Consent Calendar
Motion by Rigsby, seconded by Lenart to approve the Consent Calendar items as presented;
Mayor Dupper pulled items 9 for questions.

The City Clerk called roll and the Consent Calendar was approved unanimously.

The demands registers dated:

City Council Minutes Page 2
September 13, 2022
 August 23, 2022, with commercial demands totaling $2,374,207.13 and payroll demands dated August 18, 2022, in the amount of $423,372.17; and
 September 13, 2022, with commercial demands totaling $603,331.83 and payroll demands dated September 1, 2022, in the amount of $339,673.10.

The minutes of June 14, 2022, as presented;
The July and August, 2022, Treasurer’s Reports accepted for filing; The August, 2022, Fire Department Reports accepted for filing; Approved an amendment to the site lease agreement with STC One LLC c/o Crown Castle USA Inc. for the cell tower site located at 10466 Richardson Street; Awarded a contract to Golden West Landscape in the amount of $120,596.08 for the installation of the landscape median at California Street (CIP 22-112);
Approved an appropriation of $166,000 from Park Development Fund and awarded a contract to BWW & Company, Inc. in an amount of $266,030.00 for the walking track installation at Hulda Crooks Park (CIP 22-755); and
Approved an appropriation of $18,000 from General Fund-Fund Balance and awarded a Professional Service Contract to Lynn Merrill & Associates in the amount of $18,000 for solid waste and storm water management support.

Old Business
Mayor Dupper recused himself due to conflict of interest; Mayor pro tempore chaired the meeting.

CC-2022-76 - Approve an amendment to Schedule “A” pertaining to the contract with Sheriff’s Department
City Manager Thaipejr presented the report into evidence stated that the City was informed of an increase in the contract amount as a result of a salary increase for the Sheriff staff. Staff was recommending approval.

Motion by Rigsby, seconded by Lenart to approve an amendment to the fiscal year 2022-2023 Sheriff’s Law Enforcement service contract in the amount of $145,381.00; the City Clerk called roll and the item was approved unanimously. Dupper abstained.

Mayor Dupper returned and chaired the meeting.

New Business - None
Reports of Councilmen
Councilman Jindal informed Council on the League of California Cities (LOCC) Annual Conference he attended; thanked Mayor Dupper for his service as a Board Member of the LOCC; and expressed interest to coordinate an annual Volunteer Day to clean the city.

Reports Of Officers – No reports
The meeting adjourned at 7:31 p.m.

Approved at the meeting of November 1, 2022.

City Clerk
City Council Minutes Page 3
September 13, 2022
City of Loma Linda
City Council Minutes
Regular Meeting of October 11, 2022
A regular meeting of the City Council was called to order by Mayor Dupper at 7:06pm Tuesday, October 11, 2022.

Councilmen Present: Mayor Phill Dupper
Mayor pro tempore Ron Dailey
Bhavin Jindal
John Lenart
Councilman Absent: Rhodes Rigsby
Others Present: City Manager T. Jarb Thaipejr
City Attorney Diane Robbins
The Pledge of Allegiance and invocation were led by Mayor pro tempore Dailey.

Items To Be Added Or Deleted
City Manager Thaipejr noted Agenda Items 4 and 16 are being continued to future meeting dates.

Oral Reports/Public Participation - Non-Agenda Items (Limited to 30 minutes; 3 minutes allotted for each speaker)
Christine Petersen spoke on issues they were having with the trash collection in their area, but noted that CR&R worked with the residents and the issues had been resolved.

Another resident spoke and concurred with the comments made by Ms. Petersen. He thanked staff and CR&R for providing a solution.

Scheduled and Related Items
CC-2022-77 – Proclamation – American Pharmacist Month
Mayor Dupper read and presented the Proclamation for American Pharmacist Month.

CC-2022–78 - Public Hearing – Council Bill #O-2022-06 – (Introduce on first reading, set 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
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 City Council Minutes Page 2
October 11, 2022
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 Patrick Johnson, Willdan Associates, presented the report into evidence stating that the codes are published every three years to incorporate all code changes. He noted the new codes will become effective January 1, 2023.

No public comments were offered upon invitation of the Mayor and the Public Hearing was closed.

Motion by Dailey. seconded by Lenart to introduce Council Bill #O-2022-06 on first reading and set second reading to November 9, 2022, amending and adopting Chapters 15.04, 15.08, 15.60, and 15.62 of the Loma Linda Municipal Code; the City Clerk called roll and the item was approved unanimously. Rigsby absent.

CC-2022–79 - Public Hearing – Adopt the California Fire Codes 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 WildlandUrban Interface Code Fire Marshall Tom Ingalls presented the report into evidence stating that every three years, noting that the International Fire Code is revised and then reviewed by the California Fire Marshals. He noted each city makes amendments specific to its jurisdiction and files with the applicable findings to the California Building Standards Commission. He noted the new codes will become effective January 1, 2023. A correction to the second hearing date on the report was made.

No public comments were offered upon invitation of the Mayor and the Public Hearing was closed.

Motion by Lenart, seconded by Dailey to:

Introduce Council Bill #O-2022-04 on First Reading and set second reading for November 8, 2022, amending and adopting Chapter 15.28 of the Loma Linda Municipal Code, the 2022 Fire Code based on the 2021 International Fire Code; Adopt Council Bill #R-2022-38 approving the findings relating to the adoption of the 2022 California Fire Code;
RESOLUTION 3160

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

COMPLY WITH THE STATE OF CALIFORNIA HEAL TH AND SAFETY CODE SECTIONS 17958, 17958.5, AND 17958.7 RELATING TO THE ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA FIRE CODE
Introduce Council Bill #O-2022-05 on First Reading and set second reading for November 8, 2022, amending and adopting Chapter 15.30 of the Loma Linda City Council Minutes Page 3
October 11, 2022
Municipal Code, the 2021 International Wildland-Urban Interface Code; the City Clerk called roll and the items were approved unanimously. Rigsby absent.

CC-2022-80 – Public Hearing – Approve Precise Plan of Design No. P22-004 for the architectural styles and configuration of the 52 single-family lot, very low density, development in Planning Area 3-6 of the Groves Specific Plan [Continued to December 13, 2022]
It was the consensus to continue the item to December 13, 2022 Mayor Dupper recommended moving Agenda Item No. 5 to the end of the agenda.

CC-2022-81 - Consent Calendar
Motion by Lenart, seconded by Dailey to approve the Consent Calendar items as presented;
Mayor Dupper commented on Item No. 10f.

Councilman Jindal inquired about the contractor for Item No. 10b. He commented on the art work throughout the City.

Councilman Dailey complimented the work on California Street in regards to Agenda Item No. 11.

Discussion ensued regarding the improvements on California Street. He had questions on the contract term for Items 10g. Chief Harker explained the contract term.

The City Clerk called roll and the Consent Calendar items were approved unanimously. Rigsby absent.

The demands registers dated:
 September 27, 2022, with commercial demands totaling $1,721,493.85 and payroll demands dated September 15, 2022, in the amount of $460,405.06; and  October 11, 2022, with commercial demands totaling $661,352.43 and payroll demands dated September 29, 2022, in the amount of $406,660.75.

The Minutes of August 9, 2022, as presented;
The September, 2022, Treasurer’s Reports accepted for filing; The September, 2022, Fire Department Report accepted for filing; Awarded contract to Silverstand Technologies for Water Treatment Plant Security System in an amount not to exceed of $18, 200;
Awarded contract to Michel Angela Petersen for the fabrication and installation of ceramic tile mural at the City Library in an amount of $22,400;
Awarded contract to Hach Company for flow monitoring data management services in an amount not to exceed of $1,170 per month on a five year contract;
Approved contract to Alethea, Inc. for desktop support services in an amount agreed upon per the contract;
City Council Minutes Page 4
October 11, 2022
Awarded contract to Planning Plus/P+ for contract planning services in an amount of $5,280 as a pass through amount paid by the project applicant;
Awarded contract to Fairview Ford for the purchase of two Ford Expeditions in an amount of $90,000 and authorized the installation of Code 3 Response Packages for both vehicles in an amount not-toexceed of $78,700; Awarded contract to Veterans Administration (VA) Medical Center for fire protection services with Loma Linda Fire Department;
Accepted as complete and authorized recordation of Notice of Completion for the 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);
Accepted as complete and authorized recordation of Notice of Completion for Installation of 1” water service laterals at various locations in the amount of $183,780.00, Contractor: MCC Equipment Rentals, Inc. (CIP 22-663);
Accepted offsite improvements for Tract 18990 (west side of California Street between Redlands Boulevard and Mission Road) – Lennar Homes Development; Approved re-appropriation of $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; Approved appropriation $27,500 from General Fund Reserves and awarded contract to Revenue & Cost Specialist to prepare a User Fee Study.

Old Business
CC-2022-82 – 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.

Motion by Jindal, seconded by Lenart to adopt Council Bill #O-2022-03, amending and replacing in its entirety Chapter 3.13, Hotel Incentive Program, waiving the reading of the Ordinance in its entirety; the City Clerk called roll and was approved unanimously. Rigsby absent.

ORDINANCE NO. 771

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
CC-2022-83 - Request by property owner to remove a city tree from 11467 Richmont Rd.-Status of Arborist inspection [Continued to November 8, 2022]
It was the consensus to continue this item to November 8, 2022.

CC-2022-84 – Public Hearing – Discuss the composition of draft district maps and sequence of elections Dr. Justin Levitt, National Demographics Corporation (NDC), presented the item into evidence, explaining this is the third of the required public hearings. He explained there is still one more required City Council Minutes Page 5
October 11, 2022
public hearing to select a draft map. He reviewed the Redistricting Rules and Goals to evaluate the maps that include: 1) Federal Laws; 2) California Criteria; and 3) Other Traditional Redistricting Principles.

He noted that the City received nine full five-district maps from the community (numbered 101 – 109).

Six of the nine maps failed to meet the legal requirements, which was due to population-balance or being non-contiguous. NDC added three maps to the conversion (110-112). He stated that the Council has six eligible maps to review, which each included suggested sequence of elections. He reviewed some of the differences among the six maps. He noted that there can be a 10% deviation in population between the largest and smallest district. He concluded stating that the City Council could not make a decision on a map at this meeting, but could select 2-3 focus maps and/or request for changes to a map for consideration at the October 25, 2022, meeting.

Discussion ensued.

Mayor Dupper noted that Loma Linda Council is used to participating and viewing matters of interest in a city wide level. As the City will be divided into districts, the focus of future district Council will be on districts they reside.

The Mayor opened the public hearing.

Dick Wiley inquired about upcoming growth. Mayor Dupper indicated that the City will have to review the district maps every 10 years when the census comes out.

The Mayor closed the public hearing.

Councilman Jindal thanked the community for their participation.

Motion by Lenart, seconded by Jindal to select and focus further on Draft Maps 110, 111, and 112 for final discussion at the October, 25, 2022, City Council meeting the City Clerk called roll and was approved unanimously. Rigsby absent.

New Business - None
Reports of Councilmen
Councilman Jindal commented about the tour he took of CR&R Anaerobic Facility in September.

Councilman Lenart commented about the donkeys. City Manager gave a status report on relocating the donkeys.

Reports Of Officers – No reports
The meeting adjourned at 8:05 pm.

Approved at the meeting of November 1, 2022.

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

TO:

FROM:

VIA:

SUBJECT:

RECOMMENDATION
November 8, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
Kyle MacGavin, Information Systems Analyst III (Through Channels) T. Jarb Thaipejr, City Manager
Request Supplemental Appropriation of $2,400 in the Sewer fund, $9,800 in the Water fund and $41,500 in the General Fund as well as Approve Contract for Managed Services of City Servers and Network Devices
It is recommended that the City Council appropriates $2,400 in the Sewer fund, $9,800 in the Water fund and $41,500 in the General Fund, then awards an emergency contract for server and network managed services to Park Place Technology for the amount of $53,700.

BACKGROUND
The city's servers and network devices require constant monitoring and updates to keep functional and compliant. Without proper upkeep of these devices, the city's technological infrastructure is subject to failure, data loss, and/or security breaches. The amount of hours required to properly monitor, analyze, and maintain these devices exceeds the weekly hours allotted to city's information technology staff.

ANALYSIS:

Park Place Technology has been providing a similar monitoring and maintenance for a set of city servers for years now. Staff contacted them for a proposal for twenty-four hour monitoring, patching and updates, and providing incident remediation for the city's servers and networking devices. The scope of work and cost was reviewed and found to be competitive with previous projects.

FINANCIAL IMPACT:

It is requested that City Council approve Supplemental Appropriations in the Sewer fund, Water fund and General Fund as listed below, to cover this fiscal year's contract.

CC AGENDA ITEM 5
Row Labels Count of Location 53,684.00
4053500 4 2,440.18 2,400.00 Sewer $2,400.00
4657000 16 9,760.73 9,800.00 Water $9,800.00
0011000 4 2,440.18 2,500.00
0011200 2 1,220.09 1,200.00
0011400 6 3,660.27 3,700.00
0011500 3 1,830.14 1,800.00
0011600 6 3,660.27 3,700.00
0011650 2 1,220.09 1,200.00
0011940 4 2,440.18 2,500.00
0012050 2 1,220.09 1,200.00
0012070 3 1,830.14 1,800.00
0012110 10 6,100.45 6,100.00
0012130 11 6,710.50 6,700.00
0012150 1 610.05 600.00
0013100 4 2,440.18 2,400.00
0013200 6 3,660.27 3,700.00
0013400 1 610.05 600.00
0013600 2 1,220.09 1,200.00
General
0014400 1 610.05 600.00 Fund $41,500.00
Grand Total 88 53,684.00 53,700.00 $53,700.00
Account
Fund/Department Number Amount
Sewer 4053500-51830 $2,400
Water 4657000-51830 9,800
City Council 0011000-51830 2,500
City Manager 0011200-51830 1,200
Finance 0011400-51830 3,700
Information 0011500-51830 1,800
CC AGENDA ITEM 5
Systems
Community
Development 0011600-51830 3,700
Building & Safety 0011650-51830 1,200
General
Government 0011940-51830 2,500
Code Enforcement 0012050-51830 1,200
Fire Prevention 0012070-51830 1,800
Fire Operations 0012110-51830 6,100
Disaster
Preparation 0012130-51830 6,700
Animal Control 0012150-51830 600
Engineering 0013100-51830 2,400
Streets 0013200-51830 3,700
Facility
Maintenance 0013400-51830 600
Refuse 0013600-51830 1,200
Vehicle
Maintenance 0014400-51830 600
General Fund $41,500
Grand Total $53,700
CC AGENDA ITEM 5

CITY COUNCIL STAFF REPORT
NOVEMBER 8, 2022 AT 7:00PM
Approved/ Continued / Denied
By City Council
To: Honorable Mayor and Members of the City Council Date: _______ _ Via: T. Jarb Thaipejr, City Manager
From: Lorena Matarrita, Connnunity Development Director� Subject: Council Bill #R-2022-40 Adopt Resolution for the property tax exchange related to LAFCO application No. 3259

RECOMMENDATION
Staff reconnnends the City Council take the following action:

ADOPT Council Bill #R-2022-40, a Resolution to accept the property tax exchange related to LAFCO No. 3259, the reorganization that will include the annexation to the City of Loma Linda and detachment from the San Bernardino County Fire Protection District, its Valley Service Zone and Zone FP-5, and County Service Area 70.

BACKGROUND AND ANALYSIS
The City of Loma Linda initiated the annexation of 141 acres in order to provide services for a future 126 unit single-family residential development proposed on 66.68 acres of the annexation area. The entire annexation area is generally located east of the Union Pacific Railroad, west of Nevada Street, north of Beaumont Avenue and south of Barton Road within the City of Loma Linda's southeastern sphere of influence. Within this area are 51 parcels and 9 registered voters.

On June 14, 2022, the City sent LAFCO the application for the annexation of 141 acres. As part of the annexation process, a redistribution of property taxes occurs when an area of unincorporated territory is annexed to a city. By adopting the Resolution (Attachment A), City Council is accepting the property tax revenue amounts that would be transferred as a result of the pending jurisdictional change related to the Local Agency Formation Connnission's proposal:

LAFCO application No. 3259 - Reorganization to Include Annexation to the City of Loma Linda and Detachment from the San Bernardino County Fire Protection District, its Valley Service Zone and Zone FP-5, and County Service Area 70.

On September 1, 2022, LAFCO posted the Notice of Filing (NOF) and associated documents for LAFCO application No. 3259. LAFCO contacted the affected agencies of the reorganization proposal, including the San Bernardino County Auditor-Controller/Treasurer/Tax Collector. The County Auditor-Controller/Treasurer/Tax Collector is required to estimate the property tax revenue and proportions by agency, which is used to establish the property tax revenue amounts to be transferred. A determination of the property tax revenue exchange associated with the jurisdictional change must occur prior to issuance of the Certificate of Filing by LAFCO. The CC AGENDA ITEM 6

COUNCIL BILL NO. #R-2022-40
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA

LINDA, CALIFORNIA, DETERMINING THE AMOUNT OF

PROPERTY TAX REVENUES TO BE EXCHANGED BETWEEN

AND AMONG THE CITY OF LOMA LINDA, SAN BERNARDINO

COUNTY, THE SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT, ITS VALLEY SERVICE ZONE AND ZONE FP-5, AND
COUNTY SERVICE AREA 70, AND OTHER OFFECTED

AGENCIES RESULTING FROM THE JURISDICTIONAL CHANGE
DESCRIBED BY LAFCO 3259
SECTION 1. The City Council of the City of Loma Linda hereby finds and determines that:

A. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission Executive Officer, the governing bodies of all local agencies whose service responsibilities will be altered by the change of organization shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies.

B. Except as provided in Section 99.1 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors shall, on behalf of all special districts, negotiate any exchange of property tax revenues.

C. The City Council of the City of Loma Linda and the Board of Supervisors of San Bernardino County have determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change:

LOCAL AGENCY FORMATION COMMISSION PROPOSAL NO.

LAFCO 3259 – REORGANIZATION TO INCLUDE ANNEXATION

TO THE CITY OF LOMA LINDA AND DETACHMENT FROM THE

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, ITS
VALLEY SERVICE ZONE AND ZONE FP-5, AND COUNTY
SERVICE AREA 70
SECTION 2. The City Council of the City of Loma Linda hereby resolves and orders that:

A. The negotiated exchange of property tax revenue between the City of Loma Linda, the County of San Bernardino, the San Bernardino County Fire Protection District and its Valley Service Zone and Zone FP-5, and County Service Area 70, attached hereto as Exhibit A and incorporated herein by reference, resulting from the above-described jurisdictional change, is accepted.

B. The annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies whose service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code.

SECTION 3. The City Clerk of the City of Loma Linda is hereby directed to certify the passage of this resolution and to cause a certified copy to be sent to the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Loma Linda at a regular meeting thereof held on the ________ day of _____________ 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk

EXHIBIT A
City of Loma Linda
Official Report
COUNCIL AGENDA: November 8, 2022
TO: City Council
VIA: T. Jarb Thaipejr, City Manager
Phil! 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 Director � SUBJECT:

RECOMMENDATION
Award a 3-year contract to upgrade the City's Permit Management Software to Tyler Technologies, Inc and approve Supplemental Appropriation of $71,200 in the General Facilities Fund and $23,700 in the Special Projects Construction Fund
It is recommended that the City Council take the following action:

1. Award a 3-year contract with Tyler Technologies to provide EnerGov Permit Management License Software; and,

2. Approve supplemental appropriations of $71,200 in the General Facilities fund and $23,700 in the Special Projects fund.

BACKGROUND
The City of Loma Linda seeks software to provide, implement, and maintain permit management. Various departments currently utilize the HDL permitting software that was implemented in 2008. The HDL Company will not make further developments to the permit software; therefore, the City desires to replace its current system. The City intends to utilize current technologies and upgrade its system to better meet the needs of the public and its users and to improve upon its business practices.

Funds were budgeted for the Fiscal Year 2022-2023 in the Engineering Department under account 0013100-58845; however, the initial upgrade is composed of 75% new system functionality not available under the current system whereby making it an eligible purchase from General Facilities. The remaining 25% will be paid for by the Special Projects fund. The $32,300 of the currently budgeted funds under engineering will be used to pay the first year of annual maintenance fees and the remaining $96,700 will be reduced and returned to the General Fund fund balance.

ANALYSIS
The EnerGov software and support expertise allows improved permit management, project tracking, and reporting tools utilized by city staff and citizens. The software is compatible with the existing Munis Enterprise Resource Planning Financial Solutions System. Per the City's purchasing policy adopted by City Council on June 26, 2018, purchases over $25,000 require a minimum of three competitive formal bids unless the City uses a cooperative purchase agreement that complies with State and Federal procurement guidelines. City staff has received the quote on Attachment A that includes Pricing and Terms and conditions pursuant to Sourcewell Contract #090320-TTI.

CC AGENDA ITEM 7

ENVIRONMENTAL
No environmental impact.

FINANCIAL IMPACT
The cost of the upgrade currently quoted as:

One-Time Implementation Fee $94,900.00
Annual Maintenance Fee $32,269.00 x 3-years $96,807.00
Contract Total $191,707.00
Funds have been budgeted in Fiscal Year 2022-2023 in the Engineering Department under account 0013100-58845, however, 75% of this software is made up of new functionality to the City; therefore, a supplemental appropriation is requested in the General Facilities fund and 25% into Special Projects.

Funds in engineering will be used to pay for the annual maintenance of $32,300 and the remainder can be decreased and returned to fund balance.

Project Implementation
Supplemental Appropriation
General Facilities Fund
Special Projects Fund
Budget Decrease

ATTACHMENT
Account#
3162350-58845
3435980-58845
0013100-58845
A. Tyler Technologies Quote# 2022-310047-H9M5F5

8. Tyler Technologies Software Service Agreement
lncrease/(Decrease)
$71,200
$23,700
$94,900
($96,700)
2022-310047-H9M5F5 CONFIDENTIAL Page 1
Quoted By: Christina Young
Quote Expiration: 12/30/22
Quote Name: Loma Linda-ERP-EnerGov
Quote Description: Enterprise Permitting and
Licensing -10% discount -
Sourcewell #090320-TTI
Saas Term 3.00
Sales Quotation For:

City of Loma Linda
25541 Barton Rd
Loma Linda CA 92354-3160
Phone: +1 (909) 799-2800
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Civic Services
Civic Access - Community Development 1 24 $ 5,747.00
Community Development Suite 6 248 $ 6,336.00
Decision Engine 1 8 $ 7,000.00
e-Reviews 1 80 $ 9,093.00
Enterprise Permitting & Licensing Core Foundation Bundle 1 16 $ 2,012.00 Report Toolkit 1 0 $ 1,731.00
Workforce Mobile 2 16 $ 704.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation Bundle 1 8 $ 1,460.00 Additional
GIS 6 8 $ 1,776.00
Sub-Total: $ 35,859.00
Less Discount: $ 3,590.00

ATTACHMENT A
2022-310047-H9M5F5 CONFIDENTIAL Page 2
TOTAL 408 $ 32,269.00
Professional Services
Description Quantity Unit Price Ext Discount
Extended
Price Maintenance
Community Development Enterprise Forms Library (5 Enterprise Forms) 1 $ 3,825.00 $ 0.00 $ 3,825.00 $ 0.00
Project Management 52 $ 175.00 $ 0.00 $ 9,100.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 10,575.00 $ 0.00 Remote Implementation 408 $ 175.00 $0.00 $ 71,400.00 $ 0.00 TOTAL $ 94,900.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 32,269.00
Total Tyler Services $ 94,900.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 94,900.00 $ 32,269.00
Contract Total $ 191,707.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. 2022-310047-H9M5F5 CONFIDENTIAL Page 3
Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Conversions
Community Development 1 $ 10,575.00 $ 0.00 $ 10,575.00
TOTAL $ 10,575.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Civic Services
Civic Access - Community Development $ 5,747.00 $ 575.00 $ 5,172.00 Community Development Suite $ 6,336.00 $ 636.00 $ 5,700.00 Decision Engine $ 7,000.00 $ 700.00 $ 6,300.00
e-Reviews $ 9,093.00 $ 909.00 $ 8,184.00
Enterprise Permitting & Licensing Core Foundation Bundle $ 2,012.00 $ 201.00 $ 1,811.00 Report Toolkit $ 1,731.00 $ 173.00 $ 1,558.00
Workforce Mobile $ 704.00 $ 70.00 $ 634.00
Data Insights
Enterprise Permitting & Licensing Advanced Automation
Bundle $ 1,460.00 $ 146.00 $ 1,314.00
2022-310047-H9M5F5 CONFIDENTIAL Page 4
Additional
GIS $ 1,776.00 $ 180.00 $ 1,596.00
TOTAL $ 35,859.00 $ 3,590.00 $ 32,269.00
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
2022-310047-H9M5F5 CONFIDENTIAL Page 5
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

EnerGov Community Development: Tyler leads and owns the "Assess and Define" and "Configuration" 2 unique business transactions, 2 template business transactions, 1 geo-rules and 1 automation events. Configuration elements beyond this will be owned by the client.

Community Development Forms Library Includes: standard Permits - Building, standard Permits - Trade, standard Planning - Certificate, standard Permits - Occupancy/Completion, standard Code - Violation Notice.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities. 1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client is a member of Sourcewell (formerly known as National Joint Powers Alliance) (“Sourcewell”) under member number .

WHEREAS, Tyler participated in the competitive bid process in response to Sourcewell RFP #090320 by submitting a proposal, on which Sourcewell awarded Tyler a Sourcewell contract, numbered 090320-TTI (hereinafter, the “Sourcewell Contract”);
WHEREAS, documentation of the Sourcewell competitive bid process, as well as Tyler’s contract with and pricing information for Sourcewell is available at https://sourcewell-mn.gov/cooperativepurchasing/; and WHEREAS, Client desires to purchase off the Sourcewell Contract to procure Enterprise Permitting and Licensing software functionality from Tyler, which Tyler agrees to deliver pursuant to the Sourcewell Contract and under the terms and conditions set forth below; WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS
 “Agreement” means this Software as a Service Agreement.  “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
 “Client” means City of Loma Linda.
 “Data” means your data necessary to utilize the Tyler Software.  “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
 “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
 “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum

ATTACHMENT B
2 number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
 “Developer” means a third party who owns the intellectual property rights to Third Party Software.
 “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation.  “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
 “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.  “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
 “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
 “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
 “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.  “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services.  “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
 “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
 “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
 “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
 “Third Party Products” means the Third Party Software and Third Party Hardware.  “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
 “Third Party Services” means the third party services, if any, identified in the Investment Summary.
 “Third Party Software” means the third party software, if any, identified in the Investment Summary.
 “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
3  “Tyler” means Tyler Technologies, Inc., a Delaware corporation.  “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
 “we”, “us”, “our” and similar terms mean Tyler.
 “you” and similar terms mean Client.

SECTION B – SAAS SERVICES

1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.

2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).

3. Ownership.

3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.

3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.

3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.

4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 4 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

6. SaaS Services.

6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.

6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.

6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.

6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.

Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.

6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.

Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will 5 provide test results to you within a commercially reasonable timeframe after receipt of the request.

6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.

6.7 We provide secure Data transmission paths between each of your workstations and our servers.

6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.

Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.

6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

SECTION C – PROFESSIONAL SERVICES

1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work.

2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.

3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.

4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to 6 reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.

5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.

6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.

7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.

8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).

9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:

9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);

9.2 provide support during our established support hours;

9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;

9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.

We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You 7 agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.

For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.

SECTION D – THIRD PARTY PRODUCTS

1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer to grant access to the Third Party Software.

3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.

3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.

4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.

SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2). 8 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.

You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

SECTION F – TERM AND TERMINATION

1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below.If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.

2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).

2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.

2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).

2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.

2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, 9 but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.

1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.

1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.

2. General Indemnification.

2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. 10 We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.

4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,

OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY

OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO

YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES

ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN

RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER

APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION H – GENERAL TERMS AND CONDITIONS

1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.

2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 11 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.

Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.

7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.

8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.

9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the 12 estimated duration of the Force Majeure event.

10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.

11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.

12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.

13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.

14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.

17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality 13 covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.

19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.

20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.

21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.

Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.

22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler 14 Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.

24. Contract Documents. This Agreement includes the following exhibits:

Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
Exhibit E Statement of Work
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.

Tyler Technologies, Inc. City of Loma Linda
By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of Loma Linda
One Tyler Drive 25541 Barton Road
Yarmouth, ME 04096 Loma Linda, California 92354
Attention: Chief Legal Officer Attention: ______________________________ Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

Tyler sales quotation to be inserted prior to Agreement execution.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.

1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.

2. Other Tyler Software and Services.

2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN.

2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.

2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the best practice recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.

2.4 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.

2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.

Exhibit B
2 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.

2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

3. Third Party Products.

3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.

3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading.

3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.

3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.

4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Exhibit A and may be increased by Tyler upon notice of no less than thirty (30) days.

5. Expenses. The service rates in the Investment Summary do not include travel expenses.

Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].

Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy

1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.

Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.

Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.

B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.

Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.

Employees who have been designated a home office should calculate miles from their home.

B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.

C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.

D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.

3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.

Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.

Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.

4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.

Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.

Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.

A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.

Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:

Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.

6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.

When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.

The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.

Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.

Exhibit C
1 Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.

II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.

Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.

Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.

Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.

Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.

Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.

Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure.

Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.

III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Exhibit C
2 Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the calendar quarter.

In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your relief request within thirty (30) day(s) of receipt.

The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.

Client Relief Schedule
Actual Attainment Client Relief

99.99% - 99.50% Remedial action will be taken

99.49% - 98.50% 2%

98.49% - 97.50% 4%

97.49% - 96.50% 6%

96.49% - 95.50% 8%
Below 95.50% 10%
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.

IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.

Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable during the maintenance window.

Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.

A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.

Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.

Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.

New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of Exhibit C
Schedule 1
2 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.

We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.

Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.

Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.

References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.

Priority
Level Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.

Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the incident. Once the incident has been confirmed, Tyler
shall use commercially reasonable efforts to resolve
such support incidents or provide a circumvention
procedure within one (1) business day. For non-hosted
customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database.

Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets* 2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.

Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s responsibility
for loss or corrupted data is limited to assisting the
Client in restoring its last available database.
3 Medium
Priority Level 1 incident with an
existing circumvention procedure, or a
Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.

Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the incident. Once the incident has been confirmed, Tyler
shall use commercially reasonable efforts to resolve
such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall occur
at least quarterly. For non-hosted customers, Tyler’s
responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available
database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.

Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of the incident. Once the incident has been confirmed, Tyler
shall use commercially reasonable efforts to resolve
such support incidents, as well as cosmetic issues, with a future version release.
*
Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.

Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.

Exhibit D
1 Exhibit D
Third Party Terms

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Exhibit D
Schedule 1
1 Exhibit D
Schedule 1
Hyperlinked Terms
Reserved.
 Virtual Court
Exhibit D
Schedule 2
1 Exhibit D
Schedule 2
DocOrigin Terms

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Exhibit D
Schedule 2
2 Exhibit D
Schedule 2
3 Exhibit D
Schedule 2
4 Exhibit D
Schedule 2
5 Exhibit D
Schedule 2
6 Exhibit E
1 Exhibit E
Statement of Work
Statement of Work to be inserted prior to Agreement execution.

City of Loma Linda
Official Report
COUNCIL AGENDA: November 8, 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 SUBJECT:

RECOMMENDATION:

Award Contract for Construction of Sidewalks at Various Locations (CIP 22-110)
It is recommended that the City Council award the contract for sidewalk installations to Ruiz Concrete & Paving Inc. of Long Beach, CA in the amount of $93,330.50 and authorize a contingency allocation of $9,300. City staff will provide inspection and project management.

BACKGROUND:

This project is included in the approved Capital Improvement Program listed in the annual budget. Generally, this is the installation of sidewalks at various locations utilizing Measure I funding.

ANALYSIS:

Six (6) bids were received and publicly opened on November 1, 2022. Bids ranged from a low of $93,330.50 to a high of $245,985.00 (see attached bid summary). The low bidder, Ruiz Concrete & Paving Inc. of Long Beach, CA, has been checked for references and found to be satisfactory.

It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Additionally, this is a very favorable bid, therefore, staff recommends an allocation of ±10% of the construction amount ($9,300.00) for a contingency allocation.

ENVIRONMENTAL IMPACT:

No environmental impact.

FINANCIAL IMPACT:

Funding is available in Account No. 1265340-58500.
\\CLL-SV-FILE\Public Works\Public Works Admin\Stajf Reports\Award ofContract\Sidewalks 2022-23.doc CC AGENDA ITEM 8
City of Loma Linda
BID OPENING DATE: November 1, 2022
Sidewalk at Various Locations CIP 22-110 Engineering Estimate Ruiz Concrete CT & T Concrete Paving Gentry Gen. Eng.

ITEM UNIT UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Mobilization LS. 1 5,000.00 5,000.00 15,000.00 15,000.00 4,500.00 4,500.00 5,000.00 5,000.00 2 R&R Sidewalk S.F. 7,290 12.00 87,480.00 9.95 72,535.50 11.75 85,657.50 12.50 91,125.00 3 R&R Curb and Gutter LF. 61 50.00 3,050.00 95.00 5,795.00 75.00 4,575.00 102.00 6,222.00 TOTAL $95,530.00 $93,330.50 $94,732.50 $102,347.00
Sidewalk at Various Locations CIP 22-110 S & H Civilworks Tryco Gen. Eng. BWW&Co.

ITEM UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Mobilization LS. 1 5,000.00 5,000.00 6,800.00 6,800.00 30,000.00 30,000.00 2 R&R Sidewalk S.F. 7,290 14.00 102,060.00 17.50 127,575.00 29.00 211,410.00 3 R&RCurb and Gutter LF. 61 120.00 7,320.00 78.00 4,758.00 75.00 4,575.00 TOTAL $114,380.00 $139,133.00 $245,985.00

AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of November, 2022, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and Ruiz Concrete & Paving, Inc., hereinafter called CONTRACTOR.

WITNESSETH, that the parties hereto do mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Project Specifications entitled:

INSTALLATION OF SIDEWALK AT VARIOUS LOCATIONS (CIP 22-110) In accordance with the Specifications and Drawings therefor, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefor, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.

ARTICLE II: For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement and the said Specifications and Drawings; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said City, and for all risks of every description connected with the work; also for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the requirements of said Specifications and Drawings, said City will pay and said Contractor shall receive, in full compensation therefor, the price(s) named in the Bidding Schedule.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: The Notice Inviting Bids, Instructions to Bidders, proposal, Certificate of Non Discrimination by Contractors, Noncollusion Affidavits, Specifications, Drawings, and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement. 16 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.

ATTEST:

THE CITY OF LOMA LINDA, CALIFORNIA
(CITY)
BY: --------------------
BY: ----------------- SEAL
City Clerk
Contractor
BY: _________________ _
(Signature)
(Title)
ATTEST:

BY: ________________ _
(Signature)
(Title)
17 City of Loma Linda
Official Report
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councihnan
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
COUNCIL AGENDA:

TO:

FROM:

SUBJECT:

RECOMMENDATION
November 8, 2022
City Council
Approved/Continued/Denied
By City Council
Date --------
T. Jarb Tbaipejr, City Manager/Public Works Director --r ,,4 -r:

Approve the Notice of Completion for Pavement Rehabilitation at Birch Ave., Pecan St., Tamarack St., Cedar Way, Murphy St., Welebir St., Loma Linda Dr., Cielo Ln., Mandarin Ct., Nicks Ave., Orange Crest Way, Huron St., Cypress St., Almond Ct., Carrol Ct., Allen Way (CIP 22-111)
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 August 9, 2022, City Council awarded the contract to Matich Corporation of Highland, CA for an amount of $1,049,625 with an approved contingency of $105,000.00. The final project cost was $1,037,191.84. The project came in under budget due to cost savings of the price per ton of asphalt. The contractor performed professionally and completed the work satisfactorily.

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 IMP ACT
Funding for this project is available Account No. 1265340-58500 (RMRA Funding) and 1077300-58500 (Measure I).
[:\Public Works Admin\Sta.ff ReportsWotice ofCompletion\Pavement Rehab @Birch, etc.doc CC AGENDA ITEM 9

City of Loma Linda
Officia I Report
COUNCIL AGENDA: November 8, 2022
TO: City Council
FROM:

VIA:

Dan Harker, Fire Chief /,.L
T. Jarb Thaipejr, City Manager
Phillip Dupper, Mayor
Ron Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date ______ _
SUBJECT: Authorize services to mitigate wild donkey population, amount not to exceed $36,200.

RECOMMENDATION
It is recommended that City Council authorize the transport, feed and veterinarian services to mitigate wild donkey population, not to exceed $36,200.

BACKGROUND
On September 26, 2022 City Staff agreed verbally with Donkeyland Rescue to coordinate transport to the sanctuary, and feed for the 111 wild donkey's that had recently migrated to the City the week prior. It was also agreed upon the City would take part in the existing castration program performed by Dr. Wan at the sanctuary to help control the population in the future. The removal of the donkeys from the City was critical to protect life and property in the City, and for the safety of the wild animals.

ANALYSIS:

The Redlands Animal Shelter is no longer being utilized. The City has contracted shelter services with the City of San Bernardino, allowing considerable savings. Due to that fact, there is enough funding within the budget to pay for relocation, and veterinarian services to mitigate the wild donkey population. The feed and transportation of donkeys has been completed. Castration of 63 male donkeys is ongoing.

FINANCIAL IMPACT
Budget transfer to be processed from 0012050-51830 (Contractual Agreements) to accounts 51870 (materials and other services) and 51820 (professional services) to properly categorize expenditures.

Feed: $12,175.75
Transportation: $3,550.00
Castration: $20,400.00
CC AGENDA ITEM 10
City of Loma Linda
Official Report
COUNCIL AGENDA: November 8, 2022
TO: City Council
FROM: Patrick Johnson, Building Official
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
John Lenart, Councilman
Bhavin Jindal, Councilman
Rhodes Rigsby, Councilman
Approved/Continued/Denied
By City Council
Date --------
SUBJECT: Council Bill #0-2022-06 - (Second Reading/Roll Call Vote) Amend and Adopt the 2022 California Building Codes
RECOMMENDATION:

It is recommended that City Council waive reading of Council Bill #0-2022-06 in its entirety; direct the Clerk to read by title only and call the roll.

BACKGROUND:

A public hearing for the adoption of the 2022 California Building Codes and amendments to the Loma Linda Municipal Code were held on October 11, 2022. City Council set the second reading of the proposed ordinance and code adoption for November 8, 2022. \
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 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
CC AGENDA ITEM 11

ORDINANCE NO. X X 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:

Chapter 15.04 GENERAL PROVISIONS

15.04.010 Applicability.

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.

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 permit 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 within 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.

EXHIBIT B
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 shall 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 shall 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 report.

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

1. If no 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 correct property lines of existing subdivisions.

F. The issuance of a building permit 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. Every 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 unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. (Ord. 193 § 26, 1978)

15.04.090 Construction.

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 court 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, firm or corporation whether as principal, agent, employee or otherwise violating or causing or permitting 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 pendency 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 correct 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 subject to the modifications set forth in this chapter, are hereby adopted: the California Building Code Volumes 1 & 2, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council; the California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code as published by the International Code Council; the California Historical Building Code, 2019 2022 Edition; the California Residential Code, 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council; the California Green Building Standards Code, 2022 Edition; the California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials; the California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials; the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association; the International Property Maintenance Code, 2022 Edition, as published by the International Code Council; the Uniform Code for Abatement of Dangerous Buildings, 1997 Edition. The provisions of these construction codes as amended by this chapter shall constitute the building regulations of the city of Loma Linda. Where the California Code of Regulations and State Building Standards Code of Regulations differ from any sections of the construction codes, state regulations shall prevail over the construction codes.

One copy of all the above codes and standards therefor are on file in the office of the city clerk pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection.

Notwithstanding the provisions of the above-referenced construction codes, all fees for services provided pursuant to the construction codes shall not take effect until a resolution for such fees is adopted by the city council pursuant to California Government Code Sections 66016 and 66020. (Ord. 736 § 1, 2016; Ord. 713 § 1, 2013)

15.08.020 Changes to California Building Code.

The changes set forth herein are made to the 2022 Edition of the California Building Code Volume 1 & 2 as published by the International Code Council.

A. Section 105.2 item 2 is amended to read as follows:

2. Fences not over 6 feet in high.

B. The requirements of Chapter 7A shall apply throughout the Wildland-Urban Interface Fire Area as designated by the city council.

C. Section 903.2 is amended to read as follows:
[F] 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations specified in the Fire Code.

D. Section 103.2 of Appendix J is amended to read as follows:

J103.2 Exemptions. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect other properties, and does not exceed 50 cubic yards (38.3 m3) and is less than 12 inches (305 mm) in fill depth or 2 feet in cut depth.

D. Section 1401 of the California Existing Building Code is amended by adding the following:
1401.3 Structures moved into or within the jurisdiction shall comply with the provisions of this code for new structures. 1401.4 Relocation Building Permit Required. A person shall not move onto any premises, other than a commercial storage yard authorized for such use, any building or structure, except a contractor’s tool house, construction building or similar structure, which is moved as construction requires, until he or she first secures a relocation building permit as hereinafter provided. 1401.5 Application. Applicants for relocation permits shall submit color photographs of at least two (2) separate elevations, one of which shall be the front, and a certificate from a pest control agency or operator licensed under the Structural Pest Control Act of California, showing freedom from termite infestation, for each building or structure to be moved, when application for a relocation permit is filed.
1401.6 Application and Investigation Fee. Upon applying for a relocation building permit the applicant shall pay to the Building Official an application and investigation fee. This fee shall be in accordance with the Building and Safety Fee Resolution adopted by the City Council of the City of Loma Linda for inspection of the building or structure at its present location and investigation of the proposed site.
1401.7 Building and Relocation Site Inspection and Report. Upon receipt of application for permit to relocate a building or structure and receipt of payment of the prescribed inspection fee, the Building Official shall inspect the building or structure to be moved and the proposed relocation site and prepare a written report which shall be forwarded to the applicant. This report shall contain the approval or disapproval of the Building Official and, if approved for moving, shall contain the requirements necessary to make the building or structure conform to the requirements of the City regulations for new buildings and any additional requirements necessary to assure that such relocation shall not have a detrimental effect, by size, or age, on the living environment and property values in the area into which the building or structure is to be moved. (Ord. 736 § 1, 2016; Ord. 713 § 1, 2013)

15.08.030 Changes to California Residential Code.

The changes set forth herein are made to the 2022 Edition of the California Residential Code as published by the International Code Council.

A. Section R105.2, item 2 is amended to read as follows:

2. Fences not over 6 feet high.

B. Appendix AX Swimming Pool Safety Act, is amended to read as follows:

AX100, California Swimming Pool Safety Act (Statewide)
(a) Except as provided in Section AX100 when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of Section 115922 and isolates the swimming pool or spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have its door openings equipped with protection as required in 115922 (a) #4 or #5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

Chapter 15.62.010 ELECTRIC VEHICLE CHARGING SYSTEMS EXPEDITED, STREAMLINED PERMITTING PROCESS

15.62.010 Definitions
“Feasible method to satisfactorily mitigate or avoid the specific adverse impact” includes, but is not limited to, any costeffective method, condition or mitigation imposed by the 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 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 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 in full force and effective a minimum of thirty (30) days after passage. The effective date of this Ordinance is January 1, 2023.

SECTION 4: The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted 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
CITY COUNCIL AGENDA: November 8, 2022
TO: City Council
FROM: Lynette Arreola, City
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: California Fire Code
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date _______ _
a. Council Bill #0-2022-04 - (Second Reading and roll call) - 2022 California Fire Code based on the 2021 International Fire Code

RECOMMENDATION
b. Council Bill #0-2022-05 (Second Reading and roll call) - Adopting the 2021 International Wildland Urban Interface Code
It is recommended that the City Council:
a. Waive reading of Council Bill #0-2022-04 in its entirety, direct the Clerk to read by title only and adopt on roll call vote.
b. Waive reading of Council Bill #0-2022-05 in its entirety, direct the Clerk to read by title only and adopt on 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.

At the October 11, 2022, City Council meeting, the City Council conducted a Public Hearing for the adoption of the proposed 2022 California Fire Code and the 2021 International Wildland Urban Interface Code, introduced the Ordinances adopting the codes by reference and set a date of November 8, 2022 for the second reading and adoption of the ordinance.

FISCAL IMP ACT:

None anticipated.

Attachments:

Exhibit A - Council Bill #0-2022-04
Exhibit B - Council Bill #0-2022-05
CC AGENDA ITEM 12

EXHIBIT A
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 A

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 A
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 A
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 A
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 A

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 A
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 A

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 A
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 A
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 ft2 is added.

EXHIBIT A

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 A

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 A

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 A

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 A
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 A

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 A
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 A
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 A
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 A
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 A
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 A

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 A
Ayes:

Noes:

Abstain:

Absent:

Phil 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 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 11th 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
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City of Loma Linda
Staff Report
Phil Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman

CITY COUNCIL STAFF REPORT
MEETING OF NOVEMBER 8, 2022
TO: City Council
FROM: Aleks R. Giragosian, Special Counsel
SUBJECT: Council Bill #O-2022-07 (Second Reading and roll call) Adopting Section

1.20.040, By-District Elections, of the Loma Linda Municipal Code Establishing City Council Election District Boundaries and Sequencing Elections within those Boundaries to Change the City’s Electoral System from At-Large to By-District with Respect to Electing Members of the City Council

RECOMMENDATION
Staff recommends the City Council waive reading of Council Bill #O-2022-07 in its entirety; direct the Clerk to read by title only; and adopt on roll call vote.

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.

The City Council conducted the third and fourth public hearings on October 11, 2022 and October 25, 2022, respectively. The second two public hearings sought public input on the composition of the draft district maps and sequence of elections. On October 25, 2022, the City Council also selected Map 111 as its preferred map and introduced Council Bill #O-2022-07 by first reading.

Approved/Continued/Denied
By City Council
Date: _________
CC AGENDA ITEM 13
City Council Staff Report Page 2 of 3
November 8, 2022
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Reviewing Draft Maps
In evaluating the maps at the public hearings on October 11, 2022, and October 25, 2022, the City Council ensured that any recommended map contained districts that are substantially equal in population, as determined by the most recent federal decennial census, and that they complied with the United States Constitution and federal Voting Rights Act of 1965 (“VRA”). The City’s demographer segregated those maps that failed 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 corners 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 of the city.

Geographic compactness ensures that nearby areas of population are not bypassed in favor of more distant populations.

City Council Staff Report Page 3 of 3
November 8, 2022
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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 5, 2022, the City mailed flyers to each utility 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.

The 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: Diane Robbins, City Attorney, and
Aleks R. Giragosian, Special Counsel
Reviewed/Approved by: T. Jarb Thaipejr, City Manager
Attachment:
 Draft Ordinance – Council Bill #O-2022-07
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, ADDING SECTION 1.20.040 TO CHAPTER 1.20 OF TITLE 1 OF THE

LOMA LINDA MUNICIPAL CODE ESTABLISHING CITY COUNCIL ELECTION

DISTRICT BOUNDARIES AND SEQUENCING ELECTIONS WITHIN THOSE

BOUNDARIES TO CHANGE THE CITY'S ELECTORAL SYSTEM FROM AT-LARGE

TO BY-DISTRICT WITH RESPECT TO ELECTING MEMBERS OF THE CITY

COUNCIL

RECITALS
WHEREAS, the five members of the City Council of the City of Loma Linda ("City") are currently elected in "at-large" elections, in which each City Councilmember is elected by the registered voters of the entire City; and
WHEREAS, Government Code section 34886, in certain circumstances, authorizes the legislative body of a city of any population to adopt an ordinance to change its method of election from an "at-large" system to a "by-district" system in which each Councilmember is elected only by the voters in the district in which the Councilmember resides; and WHEREAS, the City received a letter on May 31, 2022 from Kevin Shenkman, Esq. on behalf of his client, the Southwest Voter Registration Education Project, containing unsubstantiated allegations that the City's at-large electoral system prevents members of Loma Linda's Asian and Latino communities from electing their preferred candidate(s) and violates the California Voting Rights Act ("CVRA"); and
WHEREAS, despite Mr. Shenkman's claims, the City has a history of inclusionary voting and supports the rights of all members of the Loma Linda community, including minority community members to elect the candidates of their choice, and denies that its at-large election system violates the CVRA or any other provision of law; and WHEREAS, even with the City's inclusionary voting and election record, the City Attorney has advised that given the CVRA's elimination of two elements of the U.S. Supreme Court's requirements to establish a federal Voting Rights Act challenge under Thornburg v.

Gingles (1986) 478 U.S. 30, a CVRA challenge is more easily made on the basis of an argument that "racially polarized voting" exists, regardless of whether racial minorities have successfully elected preferred candidates in the past under an at-large electoral system or whether there is an absence of historical racial discrimination in the electoral system based on the totality of the circumstances; and
WHEREAS, the cost of defending a challenge under the CVRA can exceed several hundred thousand dollars, no City has ever prevailed to date in defending a CVRA lawsuit challenging at-large electoral systems, and the risk oflosing such a challenge includes the possible award of attorneys' fees to the plaintiffs by a court; and 202002.1
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Council Bill #O-2022-07
WHEREAS, the City Council has concluded, on the advice of the City Attorney, that the public interest would be better served by considering a transition to a district-based electoral system pursuant to the "safe harbor" provisions of Elections Code section 10010; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision (e)(3)(A), the City Council adopted Council Bill No. R-2022-35 on July 12, 2022, declaring its intent to transition from an at-large to a district-based elections system; and WHEREAS, the City contracted with National Demographics Corporation to draw draft election district maps for the City Council's consideration and to make a map drawing software available to its residents; and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(l), the City publicized the districting process by mailing postcards to each address in the City, creating a dedicated website to the process with links to the City's homepage, contacting community groups, contacting the City's various committees, and publishing the notice of the public hearings in English and Spanish in the Sun Newspaper; and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(l), before drawing draft maps of the proposed boundaries of the districts, the City held public hearings on August 9, 2022 and September 6, 2022, to invite the public to provide input regarding the composition of the districts and communities of interest; and WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(2), after the draft maps were drawn, the City held public hearings on October 11, 2022 and October 25, 2022, to invite the public to provide input regarding the content of the draft maps and the proposed sequence of elections; and
WHEREAS, pursuant to Elections Code Section 10010, Subdivision (a)(2), the draft maps were published at least seven days before consideration at each public hearing; and WHEREAS, the adoption of a district-based electoral system will not affect the terms of any sitting Councilmember in office at the time of the adoption of an ordinance instituting a district-based voting system, each of whom will serve out his current term.

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

Section 1. Recitals. The Recitals above are true and correct and incorporated herein by reference as though set forth fully within the body of this Ordinance.

Section 2. Amendment to Code. Section 1.20.040 of Chapter 1.20 is hereby added to Title 1 of the Loma Linda Municipal Code as follows:
202002.1
293695.vl

A. City Council. The elective officers of the city shall constitute a city council consisting of five members elected by district at the times and in the manner provided in this chapter, in a sequence to be determined as provided herein, each of whom shall serve a term of four years and until their respective successors qualify.

B. Residence in Districts. Each member of the city council must be and remain a resident of the council district from which the member is elected at least 30 days prior to the time the member is elected and throughout that member's term of office. In the event any member of the city council ceases to be a resident of the district from which the member was elected or, in the case of an appointee, the member ceases to be a resident of the district the member was appointed to represent, the office shall immediately become vacant and shall be filled in the manner provided by Section 36512 of the Government Code, as may be amended from time to time.

Notwithstanding the above, if a member of the city council ceases to be a resident of the district solely because of a change in the boundaries, the member shall not lose office during that term by reason of such change.

C. Council Districts. The city is hereby divided into five districts, as set forth herein.

Candidates for council seats in each district shall be elected only by the voters of that district and shall reside in that district.

D. District Map and Boundaries. Effective for all by-district Council offices newly elected at the 2024 General Municipal Election and at each General Municipal Election thereafter, the District Map and Boundaries shall be as set forth in Attachment A and B, respectively. If there is a discrepancy between the adopted map in Attachment A and the list in Attachment B, the adopted map in Attachment A shall control. Notwithstanding any other provision of this Section, and pursuant to California Elections Code Section 21606(a) and (b), each member of the Council currently in office at the time this Ordinance takes effect shall continue in office until the expiration of the full term to which he or she was regularly elected or appointed.

Section 3. City Council District Map. City Clerk is directed to post a copy of the adopted City Council District Map, included in this Ordinance as Attachment A, to the City's website.

Section 4. District Boundaries. The City Clerk is directed to request the demographer provide a list of the census tracts and/or blocks for each district and to attach that list to this Ordinance as Attachment B.

Section 5. Transmittal to County. The City Clerk is directed to provide a signed original of this Ordinance to the San Bernardino County Registrar of Voters.

Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 7. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.
202002.1
293695.vl

1.20.040 By-District Elections
Section 8. Certification. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code section 36933.

The Ordinance was introduced at a regular meeting of the City Council of the City of Loma Linda, California, held on the 25th day of October 2022, and was adopted on the 8th day of November, 2022, by the following vote to wit:

Ayes:

Noes:

Abstain:

Absent:

ATTEST:

Lynette Arreola, City Clerk
202002.1
293695.vl
Phill Dupper, Mayor

Map 111
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Attachment A
Map 111
District 1 I 2 '
3 4 5 Total
Total Pop 5,007 5,125 4,940 4,906 I 4,877 24,855
Deviation from Ideal 36 154 -31 I -65 ; -94 - 248
% Deviation 0.72% 3.10% -0.62% -1.31% I -1.89% 4.99%
% Hlsp 43.0% 29% 25% 19% 24% 28%
%NHWhlta ·20% 26% 34% 29% 35% 29%
Total Pop -- 1 -
r % NH Black 12% 9% 13% I - 6% -11% 10% - % Asian-American 21% 33% 24% 42% 26% 29% Total 3,168 3,692 I
3,788 3,049 3,837 I 17,534
% Hisp 37% 24% 20% 12% '
19% I - 22%
Citizen Voting Age Pop %NH White 41% 38% 43% 32% 42% 39% - % NH Black 3% - 9% 9% 10% 13% 9%
% Asian/Pac.Isl. 18% 28% 27% 46% 1 25% 28%
Total 2,176 2,810 2,460 3,104 2,833 13,383
% Latino est. 38% 27% 22% 19% 20% 24%
% Spanish-Surnamed 34% 24% 20% 18% 18% 22%
Voter Registration -- -
(Nov 2020) % Asian-Surnamed 4% 10% 8% 14% 8% I 9%
- % Filipino-Surnamed -- - 4% 5% 3% 6% 3% 4%
I I I % NH While est. 45% 42% 54% I -- 45% -1----60% 49% % NH Black 11% 17% 14% '
15% 9% 13%
Total 1,545 2,212 1,883 ,
2,643 2,262 ' 10,545
% Latino est. 36% 25% I
20% 19% 18% 23%
% Spanish-Surnamed 33% 23% I __ 19'/•__J 18% 17% I 21%
Voter Turnout -- ---- -- ----
- -
(Nov 2020) % Asian-Surnamed 4% 10% 8% 13% 8% 9% - - % Filipino-Surnamed 4% 5% 3% 6% --3% 4% -- % NH White est. 46% 43% - -54% ----
46% 62% 50%
I % NH Black 11% 17% 14% 15% 9% 14%
Total 853 1,223 1,196 1,603 1,553 6,428
% Latino est. 34% 22% 18% 20% 15% I - 21% - ----- - % Spanish-Surnamed 32% 21% 17% i 18% 15% t 20% Voter Turnout % Asian-Surnamed 3% 7% �
7% 12% I 6% 8% (Nov 2018) ---
% Filipino-Surnamed 5% 5% 3% 5% 2% I
4%
- % NH White est. 48% 46% 56% 47% 64% 53%
% NH Black est. 10% 18% 14% 15% 10% 14%
ACS Pop. Est. Total 4,682 5,589 4,866 4,543 5,001 24,681 age0-19 23% 24% 17% --
18% 16% 20%
Age age20-60 56% 58% 57% 59% 55% 57%
age60plus 21% 19% 26% 23% 29% 23%
Immigrants 29% 25% 28% 37% 23% I
28%
Immigration -- � I
naturalized 62% 54% 56% 58% 57% 57%
engllsh 47% 50% 1 62% 57% t - 63% --t 56%
spanlsh 28% 23% 14% 4% 18% 18%
Language spoken at home
aslan-lang 16% 19°
/o 19% 23% 14% I 18% - ---
other tang 8% 8% I
4% I 16% 5% I 8%
Language Fluency Speaks Eng. "Less than Very Well" 21% 16% I 10% 10% 12% I
14%
hs-grad 54% 46% 44� 36% 37% I
43%
Education --
bachelor 19% 26% 26% 32% 27% 26% (among those age 25+) ---- �o/:7 graduatedegree 8% 18% 26% 26% 21% Child In Household chlld-under18 37% 31% 19% I
26% 16% 25%
Pct of Pop. Age 16+ employed 56% 59% I
50% I 58% ' 41% '
53%
Income 0-25k 25% 12% 17% I 10% --22% 17%
--Income 25-50k 30% 25% 23% 18% --34% 26% -
Household Income Income 50-75k 13% 21% 16% 17% 15% 16% -- --- - Income 75-200k 28% 34% I
39% 45% I 25% I 34%
Income 200k-plus 5% 8% 6% 10% ' 3% I 6%
single family 52% 63% 55% - 73% 43% 57%
mulll-famlly 48% 37% 45% 27% 57% 43%
Housing Stats -
rented ---- ---73% 54% 64% 40% 73% 61% l.-
owned 27% 46% ' 36% 60% 27% ' 39%
Total populaUon data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

LaUno voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercounl eslimates. NH White and NH Black registral!on end turnout counts estimated by NDC. Citizen Voling Age Pop,, Age, Immigration, and other demographics rrom the 2015-2019 American Community Survey and Spec\al Tebulatlon 5-year data.

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Attachment B
City of Loma Linda
Official Report
COUNCIL AGENDA: November 8, 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 -r J. (.

SUBJECT: 11467 Richmont Road Shamel Ash Tree.

RECOMMENDATION
It is recommended that the City Council direct staff to remove the subject street tree located at 11467 Richmont Road.

BACKGROUND
City Council at the September 13, 2022 meeting heard a request to remove a street tree located at 11467 Richmont Road. After discussion regarding the tree with community members, City Council directed staff to secure the services of a licensed arborist to assess the situation, a copy of the report is attached.

ANALYSIS
Staff contacted a certified Arborist and qualified Tree Risk Assessor to evaluate the Shamel Ash tree in front of11467 Richmont Road. WCA Inc. performed a Level 2 Tree Risk Assessment and provided their professional conclusions and mitigation measures. Their investigation revealed that although the tree itself is in good health, it has poor structure and poor form associated with root failure which place it in the high risk category. Due to the existing lean and slow uprooting the Arborist/Tree Risk Assessor recommends a full tree and stump removal.

FINANCIAL IMP ACT
Cost of Level 2 Tree Risk Assessment, $2,952.00 and removal $2,860.00 from Street Tree Maintenance Account No. 0013200-51300.
\\CLL-SV-FILE\public Works\Public Works Admin\StaffReports\l 1467 Richmon! Rd Tree 2022.doc Attachments:

A) Level 2 Tree Risk Assessment
B) Letter of Request by Property Owner
Attachment A

Date: March 17, 2022
Subject: Tree Removal
To the Loma Linda City Council:

On March 1st of 2022, I submitted a request for the removal of an oversized city tree from the parking strip of my property at 11467 Richmont Road, Loma Linda, 92354. After submitting my request, I was notified by Robert Shenton that the tree would be removed on March 20, 2022.

This action was temporarily placed on hold as a nearby neighbor reported a possible hawk's nest in the tree, causing a delay until the nest could be evaluated by the California Department of Wildlife.

I continued to follow up with Mr. Shenton and I continued to communicate with my renter. My renter, Mrs. Jolley, received a call from Mr. Shenton on August 4th of 2022, stating that he was just getting back to work after a three-month hiatus and that during that time someone in our neighborhood had created a petition against cutting down the tree. This petition was reported to the Council and a decision was made to not cut the tree down but rather to simply trim it and rebuild the wall around it.

In my initial request for the tree to be removed, I stated multiple reasons why the tree is a hazard, and poses a danger for my property, my renters, and the nearby neighbors. I stated that in the occasion of high winds, heavy branches have fallen, posing a threat to nearby cars and pedestrians. Moreover, the roots of the tree have grown into the sprinkler pipes and water pipes multiple times, causing them to break. This has led to flooding, which has caused the lawn to be damaged multiple times. It has also caused dirt to leak into the home's water system, contaminating drinking water. Not only have the roots infiltrated the pipe system, but the roots have broken the cement/brick structure surrounding the tree as well as the curb and the street.

It is dangerous to leave the tree as is, as the water meter is located beside the base of the tree and the gas line runs parallel to the street underneath the roots of the tree. For these reasons, I do not believe that simply trimming the tree and rebuilding the wall around it will suffice. The entire tree needs to be removed to guarantee the safety of the property and the people nearby.

As I mentioned in my initial request: I am not opposed to the replacement of this overgrown tree with another tree that is more suitable and safer for the location. The solutions that the city is presenting does not specifically address or resolve any of the issues and concerns stated above. From an outsider's perspective, it is simply a large overgrown tree. For property owners like myself and for my renters, the tree is an incredibly expensive and anxiety-inducing liability for myself and the city. I would like to know who instigated the petition, how many people signed the petition, what the petition said (specifically if it included any of my reasons for wanting the tree removed), and if anyone from the council came to investigate the extreme overgrowth of the roots into the pipes, curb, and street.

Rosemary Peng
Owner of the property
(951) 533-7599
Email address: [email protected]
Attachment B

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TO THE CITY OF LOMA LINDA regarding the CITY TREE at 11467 Richmont Rd, Loma Linda JoLane L. Jolley, resident
On February 10, 2022, I sent a message via the Loma Linda City website, explaining the problems with the huge city tree in front of the house: the ever-expanding rootball (now 2.5 feet above the grass level) had broken the cinder block wall which surrounded the tree, also the curb which had been replaced some time before and was now spilling dirt from these roots (5 buckets at that point) onto the road. This concerned me about the stability of the tree. The tree is tall enough to fall onto my home and also the Samuel and Ellen Yung home next door, plus the cars which are habitually parked on both sides of Richmont Road.

I received a response from Raul Calunga, Public Works Dept, that he would notify the appropriate authorities about this problem. I notified the property owner, Rosemary Peng.

Eventually I heard from Mr. Robert Shenton, a Field Maintenance Tech, that the surrounding cinder block wall would be demolished, and the tree would be cut very low and the stump ground.

On March 17, the cinder block box was demolished, the debris taken away, and orange cones and No Parking notices posted for the day of the cutting, March 21st .

In the meantime, Southern California Gas sent Kenny Murillo, an ETD Locator, to mark (with little yellow flags) the path of the gas line which runs parallel to the street RIGHT UNDER THE TREE. He said that a SoCalGas man would need to be present on the day of the cutting.

Also, a neighbor, Angelique de Alba, informed me that there was a hawk nest in the tree and that cutting down such a tree was illegal during nesting season. I had not known that but we were agreeable to waiting until late summer to finish the project. So--everything went ON HOLD! In August (when nesting season was well past), I telephoned Mr. Shenton to re-schedule the cutting of the tree. Much to my surprise, he explained to me that a petition against that plan had been approved by the city and that the tree would simply be trimmed and the wall rebuilt.

Neither Rosemary Peng nor I had heard anything about this! And when I asked to see the petition, I was notified by Lynette Arreola in your office that the "city has no record of a petition."
Petition or not, we strongly feel that trimming the tree is not sufficient-this grand old tree has more than outgrown its spot. It is unsafe, unstable, unsightly, and will continue being a problem.

PLEASE RETURN TO THE ORIGINAL PLAN: CUT DOWN THE TREE AND GRIND THE STUMP! Thank you,
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City of Loma Linda
Official Report
CITY COUNCIL AGENDA: November 8, 2022
TO: City Couucil
FROM:

VIA:

SUBJECT:

Lynette Arreola, City Clerk�
T. Jarb Thaipejr, City Manager
Committee appointments [City Clerk] .'\
a. Budget Committee
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes! Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date _______ _
b. Parks, Recreation and Beantification Committee

RECOMMENDATION
c. Personnel Board
d. Planning Commission
e. Traffic Advisory Committee
f. Trails Development Committee (8 members, but reduce to 6 members) It is recommended that the City Council make the membership size changes to:

I. Budget Committee - Reduce from 7 to 5 members

2. Parks, Recreation and Beautification Committee - Reduce from 6 to 5 members

3. Personnel Board- 1 At-large and 2 City Council appointed

4. Planning Commission -No changes; keep at 5 members

5. Traffic Advisory Committee - No changes; keep at 5 members

6. Trails Development Committee -Reduce from 10 to 5 members And appoint members to the subject committees per the current vacancies.

BACKGROUND
Eve1y year the Committee member tenns must be reviewed for term expirations and appointments. The previous time the member terms were reviewed was in 2018. Since them, the terms for the Board, Committees and Commission listed above have all since expired.

On August 9, 2022, City Council approved posting the vacancies. City staff contacted and informed all members regarding their expired terms and the process being taken for appointment. All were advised to complete a member application for membership appointments. All applications received were from current members reapplying for their seats with the exception of the Personnel Board. None of the current members of the Personnel Board reapplied. There was one additional application for the Planning Commission and one application that was received after the application deadline for the Parks Recreation and Beautification Committee.

The Mayor, City Manager and City Clerk reviewed the applications, discussed the appointment process by City Council, and modifications to the membership sizes. Some committees have had vacant seats for several years and have been managing and making decisions with the vacancies. Having committee memberships smaller in sizes allow members to communicate and accomplish objectives more effectively and act more quickly. The Committee's project and workload and the frequency the Committees meet were taken into consideration on the recommendation to reduce the membership size.

CC AGENDA ITEM 15
The terms of all the appointments will continue from when the current member term expired. Per Government Code 54972, on or before December 31 of each year, the City is to view the member terms for all appointment lists of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. Upon this appointment, there are members whose terms will expire in 2023. It is recommended that the Council appoint a second term to those members whose new term will expire in 2023. That would include the following members:

Budget Committee
Gary Nelson
Kurt Swigart
Term Exp. June 2019
Term Exp. June 2019
Parks Recreation and Beautification Committee
Richard Wiley Term Exp. July 2020
Traffic Advisory Committee
Michael Stewrut Term Exp. June 2017
Trails Development Committee
Heath Nicola Term Exp. Dec 2020
Robert Stewart Term Exp. July 2020
Dick Wiley Term Exp. July 2020

FINANCIAL IMPACT
None.

Reappointed
Reappointed
Reappointed
Reappointed
Reappointed
Reappointed
Reappointed
New Term Exp. June 2023
New Term Exp. June 2023
New Term Exp. July 2023
New Term Exp. June 2021
New Term Exp. Dec 2023
New Term Exp. July 2023
New Term Exp. July 2023

BUDGET COMMITTEE
The Committee reviews the proposals of City staff and prepares recommendations to the City Council of how best to allocate the limited resources of the City to the various municipal services.

The City Manager and Finance Director/Treasurer are the City's staff liaison members, although all Department Heads participate.

Member Size: Seven
Term: Four years
Meeting Schedule: As needed basis, Frequent during the months of May and June Mary Lynn Cook Term Exp. June 2020
Kevin Fischer Term Exp. July 2022 Reapplied New Term Exp. July 2026 Jay Gallant Term Exp- June 2020 Reapplied New Term Exp. June 2024 Verne Miller Term Exp. June 2019
Gary Nelson Term Exp. June 2019 Reapplied New Term Exp. June 2023 Kurt Swigart Term Exp. June 2019 Reapplied New Term Exp. June 2023 Jim Walling Term Exp. June 2019
Recommendation:

1. To reduce the memberships size from 7 to 5 members

2. Accept the applications

3. Appoint 4 members

4. Post one vacancy

PARKS, RECREATION & BEAUTIFICATION COMMITTEE
The Committee reviews the City's present Parks and Recreation Element of the General Plan for recommending possible changes to the City Council; prepares recommendations pertaining to upgrading existing parks, acquiring additional park land, development of a trails system, the application of various grant moneys and establishing the parameters of a beautification program. The Director of Public Works is the City's liaison staff member.

Member Size: Six
Term: Three years
Meeting Schedule: Bi-monthly on the 2nd Monday
Robert Alfaro Term Exp. July 2021
Valerie Gallant Term Exp. July 2021 Reapplied New Term Exp. July 2024 Bernadine Irwin Term Exp. Dec. 2021 Reapplied New Term Exp. Dec. 2024 Janet Razzouk Term Exp. July 2021 Reapplied New Term Exp. July 2024 Kurt Swigart Term Exp. July 2021 Reapplied New Term Exp. June 2024 Richard Wiley Term Exp. July 2020 Reapplied New Term Exp. July 2023 Received a late application/resume:

Recommendation:

1. To reduce the memberships size from 6 to 5 members

2. Accept the applications and

3. Appoint 5 members
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PERSONNEL BOARD
The duties and powers of the Board are to hear and decide Administrative Review Appeals and Grievance Appeals as prescribed by the Personnel Rules and Regulations. The City Manager as Personnel Director is the City's staff liaison member.

Member Size: Three – Two members appointed by the City Council and One at-large Term: Three years
Meeting Schedule: As-needed basis
Ronald Oh Term Exp. July 2021
Verne Miller Term Exp. July 2020
George Macias Term Exp. 2016
Received one application:
 Bernadine Irwin
Recommendation:

1. Accept the applications

2. Appoint 1 member

PLANNING COMMISSION
The Commission acts as a consulting and advisory board to the City Council, makes investigations and recommendations in an advisory capacity, either upon its own initiative or upon the request of either the City Staff or the City Council, of matters pertaining to growth, development and beautification of the City, including: subdivisions, street closures and street vacations, zoning text amendments and interpretations, annexation proceedings, development agreements, specific plans, general plan amendments, zone changes, variances, conditional use permits, parcel maps, zoning text interpretations, waivers, master sign plans, precise plans of design.

Commission members are required to file a Statement of Economic Interests pursuant to the City's adopted Conflict of Interest Code as mandated by the Political Reform Act and enforced by the Fair Political Practices Commission (FPPC). Statements of Economic Interest are public records.

Member Size: Five
Term: Four years
Meeting Schedule: First and Third Wednesday (if necessary) each month at 7:00 p.m.

Ryan Gallant Term Exp. June 2022 Reapplied New Term Exp. June 2026 Larry Karpanko Term Exp. June 2022 Reapplied New Term Exp. June 2026 Doree Morgan Term Exp. June 2022 Reapplied New Term Exp. June 2026 Jay Nelson Term Exp. June 2021 Reapplied New Term Exp. June 2025 John Nichols Term Exp. June 2021 Reapplied New Term Exp. June 2025 Received an application from
 Bernardine Irwin
Recommendation:

1. Accept the applications and

2. Appoint 5 members

TRAFFIC ADVISORY COMMITTEE
The Traffic Advisory Committee is comprised of 11 members, 5 appointed at large and 6 representing staff, the San Bernardino County Sheriff’s Department, Loma Linda Academy, Loma Linda University/Allied Health Systems, Bryn Mawr and Mission School. The task of the Committee is to review requests of citizens, staff, institutions and City Council pertaining to traffic safety items and subsequently submit recommendations to the City Council for consideration. The Director of Public Works is the City's staff liaison member.

Member Size: Five appointed
Term: Four years
Meeting Schedule: Quarterly on the First Thursday
William Chapman Term Exp June 2020 Reapplied New Term Exp. June 2024 Milford Harrison Term Exp July 2020 Reapplied New Term Exp. July 2024 Jerry Nelson Term Exp. June 2022 Reapplied New Term Exp. June 2026 Heath Nicola Term Exp. Dec 2021 Reapplied New Term Exp. Dec. 2025 Michael Stewart Term Exp. June 2017 Reapplied New Term Exp. June 2021 – Reappoint to June 2025
Recommendation:

1. Accept the applications and

2. Appoint 5 members

TRAILS DEVELOPMENT COMMITTEE
The tasks of the Committee include identifying and addressing trail related issues relating to the Transportation/Circulation, Conservation and Open Space, and Parks and Recreation Elements of the General Plan. The Director of Public Works is the City's liaison staff member.

Member Size: Ten
Term: Three years
Meeting Schedule: Quarterly on the fourth Thursday
Jamie Dupper Term Exp. July 2021 Reapplied New Term Exp. July 2024 James Earsom Term Exp. July 2021 Reapplied New Term Exp. July 2024 Rhonda Hwang Term Exp. July 2021
Victor J. Miller Term Exp. June 2019
Heath Nicola Term Exp. Dec 2020 Reapplied New Term Exp. Dec 2023 Robert Stewart Term Exp. July 2020 Reapplied New Term Exp. July 2023 Jim Walling Term Exp. July 2021
Dick Wiley Term Exp. July 2020 Reapplied New Term Exp. July 2023- Reappoint to 2026
Vacant Seat (Susan Israel) Exp. 2021
Vacant Seat (Jeanne Wiessman) Exp. 2019
Recommendation:

1. To reduce the memberships size from 10 to 5 members

2. Accept the applications received and

3. Appoint 5 members