Loma Linda City Council
January 10, 2023

CITY OF LOMA LINDA

CITY COUNCIL AGENDA
REGULAR MEETING OF JANUARY 10, 2023
7:00PM
A regular meeting of the City Council of the City of Loma Linda is scheduled to be held Tuesday, December 13, 2022, in the City Council Chamber, 25541 Barton Road, Loma Linda, California. Pursuant to Municipal Code Section 2.08.010, study session or closed session items may begin at 5:30 p.m. or as soon thereafter as possible. The public meeting begins at 7:00 p.m.

Reports and Documents relating to each agenda item are on file in the Office of the City Clerk and are available for public inspection during normal business hours. The Loma Linda Branch Library is also provided an agenda packet for your convenience. The agenda and reports are also located on the City’s Website at www.lomalinda-ca.gov.

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 25541 Barton Road, Loma Linda, CA during normal business hours. Such documents are also available on the City’s website at www.lomalinda-ca.gov subject to staff’s ability to post the documents before the meeting.

Persons wishing to speak on an agenda item, including any closed session items, are asked to complete an information card and present it to the City Clerk prior to consideration of the item. When the item is to be considered, please step forward to the podium, the Chair will recognize you and you may offer your comments. The City Council meeting is recorded to assist in the preparation of the Minutes, and you are therefore asked to give your name and address prior to offering testimony.

The Oral Reports/Public Participation portion of the agenda pertains to items NOT on the agenda and is limited to 30 minutes; 3 minutes allotted for each speaker. Pursuant to the Brown Act, no action may be taken by the City Council at this time; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (909) 799-2819. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible.

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

Meetings are accessible to people with disabilities. Every attempt will be made to swiftly address each request. Requests in advance of the meeting will enable us to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the City Clerk at [email protected] or (909) 799-2819.

City Council Agenda

A. Call To Order
B. Roll Call
C. Closed Session/Workshop
D. Invocation and Pledge of Allegiance – Councilman Rigsby (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief, nonsectarian invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
E. Items To Be Added Or Deleted
F. Oral Reports/Public Participation - Non-Agenda Items (Limited to 30 minutes; 3 minutes allotted for each speaker)
G. Conflict of Interest Disclosure - Note agenda item that may require member abstentions due to possible conflicts of interest
H. Scheduled and Related Items

1. Ratification of Certificate of Appropriateness for Precise Plan of Design Application No.

P22-004 for the elevations of “Gold Crest” 51 single-family residential homes located in Planning Area 3-6 of the Groves Specific Plan. (Continued from December 13, 2022) [Community Development]
a. DETERMINE the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15182, which provides an exemption for residential projects located in a specific plan area where a public agency has already prepared an EIR on a specific plan and that residential project is undertaken pursuant to and in conformity with that specific plan, and;
b. RATIFY Certificate of Appropriateness for Precise Plan of Design Permit No. P22-004, and;
c. APPROVE Precise Plan of Design Permit No. P22-004, which includes the architectural styles and configuration of 51 single-family, estate-style residences on 10,000 square-foot minimum lots. The 22.58 acre vacant site is located in Planning Area 3-6 of The Groves Specific Plan, south of Park Avenue, north of Mission Road, and intersected by Bryn Mawr Avenue It is designated as Special Planning Area “D” within the Historic Mission Overlay District, Zoned Planned Community, and intended Very Low Density Residential. The recommended approvals listed above are based on the findings and information contained in the original staff report dated December 13, 2022, subject to the Conditions of Approval and the previously adopted Mitigation Measures (adopted June 12, 2018).

I. Consent Calendar

2. Demands Registers

3. Treasurer’s Report – December 2022

4. Fire Department’s Report – December 2022
City Council Agenda

5. Council Bill #R-2023-02 – Adopting a Resolution declaring the need for emergency contracting procedures for Barton Road waterline repair, appropriate $28,100 from Water Utility Operations Fund Balance into account no. 4657020-51300, then award contract for emergency waterline repair [Public Works]

6. Council Bill #R-2023-01 - Adopting a Resolution establishing the new salary table for employees effective January 1, 2023, for Fiscal Years 2021-2024 [City Manager/Human Resources]

7. Approve a three-year preferred partnership with California Baptist University (CBU) [Finance] J. Old Business
K. New Business

8. Appropriate $48,500 from Citizens Options for Public Safety (COPS) Grant Fund Balance and Award a contract to Flock Group, Inc. for the installation and monitor of 17 License Plate Readers (LPR) cameras [City Manager]

9. Accept with regret the resignation of Wesley James from the Historic Commission and declare vacancy and direct staff to post a Notice of Vacancy [City Manager/Community Development]

10. SCAG Delegate/Alternate for Annual General Assembly Business Meeting May 4-5, 2023, Palm Desert, CA – JW Marriott Desert Springs Resort & Spa [City Manager] 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).

11. Munis Utility Billing System PowerPoint Presentation [Finance] N. Adjournment

POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that on the 5 th day of January, 2023, 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 COUNCIL AGENDA
PACKET
AGENDA ITEM NO 1
8 DATE: January 10, 2023, 7:00pm
TO: Honorable Mayor and Members of the City Council
VIA: T. Jarb Thaipejr, City Manager
FROM: Lorena Matarrita, Community Development Director
SUBJECT: Continuation for Precise Plan of Design Permit No. P22-004.

RECOMMENDATION
Staff recommends City Council take the following action:

1. DETERMINE the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15182, which provides an exemption for residential projects located in a specific plan area where a public agency has already prepared an EIR on a specific plan and that residential project is undertaken pursuant to and in conformity with that specific plan, and;

2. RATIFY Certificate of Appropriateness for Precise Plan of Design Permit No. P22-004, and;

3. APPROVE Precise Plan of Design Permit No. P22-004, which includes the architectural styles and configuration of 51 single-family, estate-style residences on 10,000 square-foot minimum lots. The 22.58 acre vacant site is located in Planning Area 3-6 of The Groves Specific Plan, south of Park Avenue, north of Mission Road, and intersected by Bryn Mawr Avenue It is designated as Special Planning Area “D” within the Historic Mission Overlay District, Zoned Planned Community, and intended Very Low Density Residential.

The recommended approvals listed above are based on the findings and information contained in the original Staff Report dated December 13, 2022 and subject to the Conditions of Approval and the previously adopted Mitigation Measures (adopted June 12, 2018).

BACKGROUND
On December 13, 2022, City Council conducted a public hearing for the “Gold Crest” residential community. The community will include 51 estate-style lots and five (5) lettered lots within Map 20417. At the hearing, members of the public were provided time to share their comments and testimony. The public hearing was closed, and the Council continued deliberation. The Council decided to continue the application to the January 10, 2023 meeting date.

Since the hearing, the applicant met with City staff to discuss various topics brought forth at the meeting such as trees and the cluster mailboxes. Staff provided the applicant with a list of trees that are acceptable for installation in the public right-of-way. With the information, the applicant confirmed their team will plant 14 Magnolia trees along Citrus Avenue to match the trees found at

CITY OF LOMA LINDA

COUNCIL MEETING MEMORANDUM
Approved / Continued / Denied
By City Council
Date: ___________________
PPD No. P22-004 P.A. 3-6 Page 2 of 2
January 10, 2023
the adjacent development. Along the Zanja trail, there will be 21 fast-growing, shade producing trees. The two types will include the Carrotwood tree and Camphor tree. And on Mission Road, in the parkway area, Carrotwood trees will be planted to match the ones found on the frontage of the adjacent park. Public Works staff recommended against planting Pepper trees, the type found at the residential development across the street, because they are a maintenance issue. All Sycamore trees have been removed from the plan, as recommended by Councilmen Ron Daily and Public Works staff. And lastly, the tree spacing in all public areas has been reduced from 40 feet to 30 feet on center, providing a stronger and denser canopy along every pathway. The industry standard for street tree spacing is 40 to 50 feet on center. Although these type of details are typically provided in the Final Landscaping Plans submitted during Plan Check, they are now indicated on the Preliminary Plans, providing further confirmation of the type of landscaping to be installed at this development.

One other item to note, the applicant also confirmed their team plans to upgrade the cluster mailbox from the standard option to one that is durable, decorative, and compliant with the U.S.

Post Office’s requirements. The upgraded cluster mailbox will have a decorative top with an attractive sloping design and an approximate 3-inch ball finial, as well as a decorative pedestal cover that provides an elegant finished look. As required by the amended Conditions of Approval, the applicant will work with City staff during the Plan Check process to confirm compliance with the amended conditions in regard to the location of the mailboxes and potential shade and lighting nearby.

Please note that the previously noticed staff report and packet provided at the December 13th hearing will continue as part of the project with the exception of the revised preliminary landscaping plan. A copy of the original staff report is attached to this memorandum.

There are no revisions made to the project description, and the overall project and applications remain the same.

CONCLUSION
Staff recommends approval of the project. The original findings of approval can be found on pages 11-13 of the December 13, 2022 Staff Report. The findings will continue to apply.

ATTACHMENT
A. Staff Report dated December 13, 2022
B. Updated Preliminary Landscaping Plan

AGENDA ITEM 1
8 DATE: December 13, 2022, 7:00pm
TO: Honorable Mayor and Members of the City Council
VIA: T. Jarb Thaipejr, City Manager
FROM: Lorena Matarrita, Community Development Director

SUBJECT: Ratification of Certificate of Appropriateness for Precise Plan of Design Permit No.

P22-004.

RECOMMENDATION
Staff recommends the City Council accept the recommendation of the Historical and Planning Commissions by taking the following actions:

1. DETERMINE the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15182, which provides an exemption for residential projects located in a specific plan area where a public agency has already prepared an EIR on a specific plan and that residential project is undertaken pursuant to and in conformity with that specific plan, and;

2. RATIFY Certificate of Appropriateness for Precise Plan of Design Permit No. P22-004, and;

3. APPROVE Precise Plan of Design Permit No. P22-004, which includes the architectural styles and configuration of 51 single-family, estate-style residences on 10,000 square-foot minimum lots. The four (4) architectural styles include: Craftsman, Prairie, California Ranch, and Modern Farmhouse. The 22.58 acre vacant site is located in Planning Area 3-6 of The Groves Specific Plan, south of Park Avenue, north of Mission Road, and intersected by Bryn Mawr Avenue It is designated as Special Planning Area “D” within the Historic Mission Overlay District, Zoned Planned Community, and intended Very Low Density Residential.

The recommended approvals listed above are based on the Findings contained in the Staff Report and subject to the Conditions of Approval and the original Mitigation Measures adopted on June 12, 2018.

PERTINENT DATA
Owner: Highpointe Groves, LLC
Applicant: Lennar Homes
General Plan: Special Planning Area “D”
Governing Document: The Groves at Loma Linda Specific Plan Zoning: Planned Community (PC)

CITY OF LOMA LINDA

COUNCIL STAFF REPORT
Approved / Continued / Denied
By City Council
Date: ___________________
City Council Staff Report Page 2 of 16
Meeting of December 13, 2022
Land Use Designation: Planning Area 3-6 designated for Very Low Density Residential Site: 22.58 acres, vacant, APN’s: 0292-461-06, -08 and 0292-471-06 Overlay: Historic Mission Overlay District
Topography: Site slopes northwest at about a 1 to 2% gradient. Soils are alluvian composed of silty sand. Preliminary geological reports by RMA concluded site is geologically and geotechnically feasible Vegetation: Vacant, low growing vegetation throughout, formerly a citrus orchard

BACKGROUND
In 2018, the Historical Commission, Planning Commission, and City Council adopted The Groves at Loma Linda Specific Plan (GSP), a City-initiated project for a 300-acre site located entirely within “Special Planning Area D” (SPA-D) of the General Plan land use map. The GSP established development standards and design guidelines for three different phase concept areas.

Phase I Concept Area included the previously approved components of the Veterans Affairs Healthcare Facility. Phase II incorporated the entire Citrus Trails Master Plan. The third phase, known as the Phase III Concept Area, included 103 acres of predominantly vacant and undeveloped land with the exception of Heritage Park. Upon complete build out, the Phase III Concept Area will feature single-family residences, pedestrian-oriented mixed-use development, a range of multi-family housing options, and active recreational amenities.

Since the adoption of the GSP, several development applications have gone through the entitlement process. Those projects include:
 224 single-family residential tract and 13-acre park with a dog park, tot lot, basketball court, pickle ball court, bocce ball court, horseshoe pits, picnic tables, gazebos, barbeque stations and restrooms.
 213 senior living apartment complex that included a fitness center, multi-purpose room, pool, a pedestrian trail, and an approximate 4,200 square-foot retail component.  High density residential tract map of 57 condominium units with shared open space that included barbeque stations and seating areas.
 16-acre park and 3-acre Oak Woodland Preserve with a large grass open areas, a recreational community center, and a fire station.
 103 detached residential condominiums with a total of 309 parking spaces for residents and guests, open space paseo, interior private roads, walls, fencing and related site improvements.
 Tentative Tract Map for a 51 residential lot subdivision, including 5 lettered lots. Lettered lots would contain the Frink Adobe House, an open space paseo, an extension of the Zanja Trail as well as landscaping and other egress/ingress areas. (At the time of the tract map approval, staff informed the Council that the developer would return at a later time to present the architectural elevations and configuration of the community.) On July 11, 2022, the Planning Commission recommended approval of the 51 lot residential subdivision project as well as a Specific Plan Amendment to allow the building-to-building City Council Staff Report Page 3 of 16
Meeting of December 13, 2022
separation requirement from a 40 feet to 30 feet minimum distance. That evening, they also added a condition to require the applicant to change the interior vinyl fencing with block wall.

On July 12, 2022, City Council ratified the 51 lot subdivision project and Specific Plan Amendment. However, discussion ensued regarding the interior lot block wall and vinyl fencing.

The applicant addressed the topic before the Council and requested an alternative solution. The applicant stated the internal fencing/walls are not visible from the street, however, the gate to enter the back yard is visible. He asked to redesign the gates from vinyl to steel, a better and long-lasting quality material, as a compromise to installing block wall. The applicant requested to use vinyl fencing for lot separation and to install steel gates for each home rather than a vinyl gate. Council voted in favor of the request and rescinded Planning Commission’s condition. The Council added the following new condition:

Prior to the submittal to Plan Check, the applicant shall revise the applicable plans, such as the grading, tract map, and the landscaping plan, to indicate that the side-entry gates will be made of tubular steel with metal mesh for privacy. Each will be painted to match other elements in the community. The originally proposed interior vinyl fencing shall remain as is.

On December 7, 2022, the Planning Commission reviewed the Precise Plan of Design permit application for the architectural elevations and configuration of the 51 residential lot development. That evening, the five (5) Commissioners voted unanimously in favor of the project. With their approval, they added the following Conditions:

1. Prior to submitting the Final Landscaping Plans during the Plan Check process, the applicant shall work with city staff and revise the plans to indicate additional and alternative types of trees throughout the development, more specifically:

a. Provide a minimum of two (2) types of fast growing trees that will produce substantial shade along the Zanja Trail, public park areas, perimeter, and parkways. b. On Mission Road, choose the same types of trees and plant palette to match the street median strip and parkway areas found at the residential development across the road.

2. During the Plan Check process, the applicant shall work with city staff and to find and install an appropriate shade structure with lighting for the mailbox clusters. Place the boxes near shade trees and street lighting. Provide a detail of the shade structure to the Building and Planning Divisions for approval.

3. During the Plan Check process, the applicant shall work with city staff and revise the elevations so the siding, such as stone veneer, wraps and continues around the front and side portions of the structure. There shall be an appropriate designated point of termination such as the back yard fence, a buttress wall, or the utility boxes, if any. If there is no buttress wall or visible termination point, then use foam trim or a similar method for formal termination of the siding.

The revised Conditions of Approval are included in the staff report as Attachment E.

Since the original application submittal, the applicant and staff have continued to work together to ensure the proposed design and configuration is consistent with the General Plan and complies City Council Staff Report Page 4 of 16
Meeting of December 13, 2022
with the GSP, zoning, and all applicable codes. The previously approved EIR mitigations measures will continue to apply for the site, as well as newly added Conditions of Approval.

ANALYSIS
The project applicant, Lennar Homes, is proposing to construct 51 estate-style lots within the recently approved Tentative Tract Map 20417. The homes will range from 4-7 bedrooms with attached garages on a 22.58 acre site south of Citrus Avenue, north of Mission Road intersected by Bryn Mawr Avenue. Each lot would be a minimum of 10,000 square feet. The tract will also include five (5) lettered lots encompassing the Frink Ranch Adobe, for a total of 56 lots. The project site density has been proposed at two (2) dwelling units per acre, which is consistent with Very Low Residential Density. The subject site is within the Phase III Concept Area, more specifically, within Planning Area (P.A.) 3-6 and within the Historic Mission Overlay District.

Existing Setting
The project site is located within the Phase III Concept Area (Planning Area 3-6 of the GSP), Special Planning Area “D” of the General Plan within the Historic Mission Overlay District. The designated zoning is Planned Community (PC) and intended for Very Low Density Residential.

Surrounding uses are found in Table 1:

Table 1
General Plan, Zoning and Existing Land Use
General Plan Zoning Specific Plan Existing Use
North Special Planning
Area “D”
Planned Community
(PC) PA 3-5 and 3-4
Vacant, entitled for mediumdensity residential; park
South Special Planning
Area “D”
Planned Community
(PC) NA Mission Creek residential
subdivision
East Special Planning
Area “D”
Planned Community
(PC) PA 2-17 Open space/trail; singlefamily residences West Special Planning
Area “D”
Planned Community
(PC) PA 3-6 Single-family residences
The Project will be accessed by four (4) new public streets from the northern boundary via a 40- foot wide Citrus Avenue. Per the conditions of Public Works and the Specific Plan requirements, the applicant is improving their portion of Citrus Avenue, with a 12-foot landscaped parkway and sidewalk, for a total of 64-foot width. All internal proposed streets and driveways within the development meet the City’s public road standards and emergency vehicle accessibility. The project will also be required to join the City’s Landscape Maintenance District for the perimeter parkway areas. The street cross sections and grading are included with the attached project plans.

Mission Overlay District
As stated in the LLMC, “Of the three corridors, Mission Road is the most important in terms of historic preservation due to the high concentration of historic and cultural resources, particularly on the north side of the road. Mission Road is the focal point and heart of the overlay district.

New development along the Mission Road frontage shall conform to the historic architectural styles and site design parameters listed.” A total of six (6) lots (Lots 14-19) are being oriented City Council Staff Report Page 5 of 16
Meeting of December 13, 2022
towards Mission Road that will be accessed by newly created drive approaches leading into front-loading garages. This street-facing orientation combined with the proposed architectural styles and overall site design will be in keeping with the intent of the historic overlay district.

All new development and adaptive reuse projects along Mission Road shall construct the rightof-way in accordance with the approved street design standards prepared by the city’s public works department. The street design shall include a landscape median in the road, and landscape easement behind the sidewalk on both sides of the street. No median shall be installed in front of an existing residential use. This requirement may be waived if written authorization from the owner of an affected, existing property is obtained and submitted to the community development and public works departments during the entitlement process.

In addition, because Mission Road is located along the southern edge of the GSP and facilitates access to the properties adjacent to it within the Specific Plan area. Per the GSP, the design shall incorporate a 22-foot minimum wide parkway that also includes a 10-foot wide meandering decomposed granite trail on the north side of the street. The trail is intended to be an extension of the Zanja Trail provided within South Park.

Figure 1
Land Use Plan for the Groves at Loma Linda Specific Plan City Council Staff Report Page 6 of 16
Meeting of December 13, 2022
The referenced map (Figure 1) is found in the GSP document. The subject site is Planning Area (P.A.) 3-6, designated for Very Low Density Residential.

Architectural Styles and Floor Plans
In preserving the historic attributes of the area, the applicant has chosen four (4) architectural styles that are consistent with the Specific Plan: Craftsman, Prairie, California Ranch, and Modern Farmhouse. Although the Modern Farmhouse and California Ranch styles are not listed in the Historic Mission Overlay ordinance, the Specific Plan states that other styles, such as the aforementioned, may be considered by the City and the Historical Commission.

A total of 3 floor plans are being proposed for the subdivision.  Plan 1 is a 2,767 sq.ft. one-story residence containing 4 bedrooms, 3.5 bathrooms, twocar garage, and optional additional bedroom.  Plan 2 is a 3,912 sq.ft. two-story residence containing 5 bedrooms, 3 bathrooms, three-car garage, and optional loft/retreat/patio.
 Plan 3 is a 4,122 sq.ft. two-story residence containing 6 bedrooms, 4.5 bathrooms, threecar garage, and optional additional bedroom/retreat.

Twelve (12) color schemes (3 color schemes for each architectural style) will be incorporated into materials that emulate the various chosen architectural designs. Some of these materials include simulated wood shake made of flat concrete roof tile, stone veneer (i.e. brick, stacked stone), lap wood siding, and metal sectional garage doors and fiberglass front doors with simulated wood grain.

The California Ranch style proposes light-colored stucco siding, simulated roof wood shake, brick wainscot, and shutter accents. Depending on the floor plan, there will be accent colors similar to brown, black, green and/or off-white.

The Craftsman style uses a less-textured simulated roof wood shake, brick wainscot, lap board/board and batten siding, and exposed rafter tails. Depending on the floor plan, there will be accent colors similar to brown, olive, off-white, tan, maroon, yellow and/or green.

The Prairie has medium dark-colored stucco accompanied by lap siding, jagged stone veneer wainscot, and slate-like roof tile. Depending on the floor plan, there will be accent colors similar to blue, light brown, grey, dark grey, yellow, and/or red-brown.

The Modern Farmhouse has similar roof tile to the Prairie with board and batten siding, shutter accents, and light-colored stucco. Depending on the floor plan, there will be accent colors similar to dark grey, super white, grey, off-white, olive, brown, and/or yellow.

The community focuses on creating unique homes and creating ample variety. This approach creates great diversity throughout the community and minimizes repetition of homes. As a result, no two homes next to or across from each other will have the same combination of plan, elevation, and color scheme. Many of the homes will not be repeated throughout the entire community and more than 50% of the homes are either unique or will only be repeated 1 other City Council Staff Report Page 7 of 16
Meeting of December 13, 2022
time. Any future, proposed community signage, specific landscape designs, trails, or street names, will require a similar review and approval process.

See Attachment B – Project Plans, for a clear understanding of the chosen styles, colors, and materials.

The Specific Plan Purpose and Development Standards
The GSP is zoned predominantly “Planned Community” (PC), which is intended to accommodate flexibility in development, encourage creative and imaginative design, and provide for development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, community facilities both public and private and commercial areas.

The PC zone allows for creation of unique use regulations and development standards for a development project, provided the regulations and standards clearly implement General Plan policy. Subsequent project proposals under the PC zone must reflect the character envisioned by the City at the time of approval. The PC zone also can be used to implement the special area designation established under the General Plan.

According to the GSP, P.A. 3-6 is envisioned as a very low density residential planned development across from the future central park on Bryn Mawr Avenue comprised of large estates located along Mission Road and south of Citrus Avenue. Its location and size provide an opportunity to create a secluded enclave of semi-custom homes on large lots ranging from 10,000 square feet to a half-acre and larger. New estates along Mission Road are required to front onto Mission Road.

This site contains an easement for the extension of Citrus Avenue along the northern edge of the property. Citrus Avenue will enable access to the future school as well as the residential neighborhood.

Configuration of the Site
The project has been designed to provide spacious lots with single-family residential developed at very low density to comply with the designated land use for the Planning Area. The homes will range from 2,767 to 4,122 square feet in size and will be one to two stories in height. A minimum of 30 feet between residential buildings has been established across the community in order to provide more open space for the residents as well as access for the Fire Department and other emergency services. The development standards listed in Table 2 regulate new site and building development for the subject site. The project complies with all yard setbacks, height, parking and open space:

City Council Staff Report Page 8 of 16
Meeting of December 13, 2022
Table 2
Planning Area 3-6 Development Standards

30 ft
City Council Staff Report Page 9 of 16
Meeting of December 13, 2022
Historical Commission Recommendation
As required by the Historic Mission Overlay District ordinance, any proposed development within the District must first be reviewed by the Historical Commission before the issuance of entitlement permits.

On December 20, 2021, the Historic Commission approved the Certificate of Appropriateness for Tentative Tract Map No. P21-087 (TTM 20417) proposed by Highpointe Communities. At that time, the request was to subdivide the 22.58 acres within Planning Area 3-6 of The Groves at Loma Linda Specific Plan and create 52 “estate-style” residential lots. Each lot would be a minimum of 10,000 square feet. One lettered lot encompassed the Frink Adobe. During the meeting, it was discussed to expand the Frink Ranch property to allow room for a future educational and cultural center. The Two Canyons Conservancy group agreed to spearhead and fund the future Frink Adobe cultural center. Highpointe Communities agreed to forfeit Lot #52 (now Lot A) so the Two Canyons Conservancy group could have additional area (i.e. parking) for future visitors at the Adobe Frink house. Approved minutes and discussion notes are attached for review (Attachment D).

Because of the Historical Commission’s request, Highpointe revised the map to instead create 51 residential lots and five (5) lettered lots. The lettered lots would preserve the historic Frink Ranch property, related on and off-site improvements, and a trail adjacent to the historic Zanja channel. The Frink Adobe, along with several existing orange trees and historic irrigation standpipes, would be preserved on site. The map change resulted in the elimination of a residential lot (previously Lot #14), but a larger footprint for the historic property.

On March 7, 2022, the Commission reviewed the architectural elevations and configuration of the project and provided comments in regards to the compatibility with the cultural heritage of the historic area. The approved minutes and discussion notes are attached for review (Attachment D).

The Historical Commission’s recommendations were incorporated into the revised plans and subsequently recommended approval of the Certificate of Appropriateness.

Frink Adobe and Zanja Trail
Lettered lots A-E will contain related on and off-site improvements and a trail adjacent to the historic Zanja channel. The Frink Adobe, along with several existing orange trees and historic irrigation standpipes, will be preserved in place, within the lettered lot.

The applicant and the Two Canyons Conservancy are pending discussion with the City regarding the final site layout for the Zanja trail and future interpretive signage and exhibits that will feature the history of citrus farming and the indigenous people of the area. In this process, the City will work with the applicant to obtain mapping resources of the various existing trees (including the heritage trees) and where the Zanja traveled the area.

Landscaping and Open Space
In the heart of the community will be a large park consisting of North Park and Central Park, with a combined total of 29.8 acres. North Park had original been conceived through the planning and entitlement for Citrus Trails. Based on the additional open space requirements per City Council Staff Report Page 10 of 16
Meeting of December 13, 2022
Special Planning Area D, Central Park has been planned and located adjacent to North Park to create a grand community park for all residents of Loma Linda.

Planning Area 2-17, adjacent to the subject site, includes 2.3-acre of open space / trail (paseo). It provides a pedestrian amenity and facilitates access between North Park and South Park. The Paseo is located along the western boundary of Planning Area 2-12 and Planning Area 2-14 and features a 10-foot wide meandering decomposed granite trail surrounded by evergreen canopy and accent trees.

A conceptual landscape plan and fencing plan has also been provided to show the proposed plotting of shrubs, trees, and ground cover throughout the property (Attachment B). Various species are listed. The plan also illustrate the preliminary layout of the sidewalks, pedestrian trail, and parkways.

Vehicular and Non-vehicular Access
Access into Planning Area 3-6 shall primarily be by Citrus Avenue and four new public streets.

Per the conditions of Public Works and the Specific Plan requirements, the applicant is improving their portion of Citrus Avenue, with a 12-foot landscaped parkway and sidewalk, for a total of a 64-foot width road. The landscaped parkways feature street trees with shrubs and groundcovers, and will match with the adjacent residential development. All internal proposed streets and driveways within the development meet the City’s public road standards and emergency vehicle accessibility. The project will also be required to join the City’s Landscape Maintenance District for the perimeter parkway areas. The street cross sections and grading are included with the attached project plans.

Per the Specific Plan, new estates along Mission Road are required to front onto Mission Road, similar to the cluster of existing homes within this area. Additionally, no through access from Mission Road is allowed through Planning Area 3-6. As proposed, Lots 14-19 will solely be accessed off Mission Road and no cross-through access has been designed.

As indicated on the map, the new streets will be e secondary access points (local streets) that will lead to each individual lot. These streets will have an overall right-of-way dimension of 60 feet to include a 12-foot wide sidewalk areas on either side.

Drainage
The existing drainage pattern is away from Mission Road, generally in a northwesterly direction.

The majority of this Planning Area will also drain to the nearby basin located within Planning Area 3-4 (the future public park). The exception is the southerly parcels having existing residences. Those parcels will be responsible to address their water quality and drainage responsibilities onsite without reliance on facilities proposed by the Specific Plan should they decide to redevelop their properties.

MEASURE V COMPLIANCE – TRAFFIC
On November 7, 2006, the Loma Linda voters passed Measure V, the Residential and Hillside Development Control Measure. As outlined in Section II (A) (3) of Measure V, all development projects shall be required to cover 100 percent of their pro rata share of the cost of any public infrastructure, facilities and services through the payment of development impact fees. In Section City Council Staff Report Page 11 of 16
Meeting of December 13, 2022
II (F) (2) of Measure V it requires that traffic levels of service (LOS) be maintained at level C or better. Specifically, Measure V states:

To assure the adequacy of various public services and prevent degradation of the quality of life experienced by the residents of Loma Linda, all new development projects shall assure by implementation of appropriate mitigation measures that, at a minimum, traffic Levels of Service are maintained at a minimum of Level of Service C throughout the City, except where the current Level of Service is lower than Level of Service C. In any location where the Level of Service is below Level of Service C at the time an application for a development project is submitted, mitigation measures shall be imposed on that development project to assure, at a minimum, that the level of traffic service is maintained at Levels of Service that are no worse than those existing at the time an application for development is filed. In any location where the Level of Service is F at the time an application for a development project is submitted, mitigation measures shall be imposed on that development project to assure, at a minimum, that the volume to capacity ratio is maintained at a volume to capacity ratio that is no worse than that existing at the time an application for development is filed.

In the 2018 Traffic Impact Analysis conducted by Kunzman Associates for the adopted EIR and project site, the consultants made recommendations to mitigate future traffic. The study concluded future development shall contribute on a fair share basis in the implementation of the recommended intersection lane improvements or freeway improvements, or in dollar equivalent in lieu mitigation contributions, or in the implementation of additional capacity on parallel routes to offset potential impacts to study intersections. Projects which are consistent with the above provisions (i.e., payment of fair share for infrastructure, facilities and services, and maintain acceptable traffic LOS) can be considered to be self-mitigating with regard to potential impacts related to public utilities and services, and local roadway traffic congestion. Mitigation measures were imposed for the entire Specific Plan project site, including Planning Area 3-6, to ensure that the level of traffic service is maintained. The adopted mitigation monitoring report will continue to be part of the subject project and all future projects found within the Specific Plan area.

FINDINGS
Precise Plan of Design Findings
In an effort to ensure that the foregoing project is consistent with the General Plan, compliant with the zoning and other City requirements, compatible with the surrounding area, and appropriate for the site, Findings have been made to support the approval of the Precise Plan of Design application as required in LLMC §17.30.300. The findings are as follows:

1. That the use is allowed within the subject zone.

The proposed residential development is a permitted use within the Planned Community (PC) Zone. The project is consistent with the goals of Special Planning Area “D” of the General Plan and was designed in accordance with the guidelines and standards set forth in The Groves at Loma Linda Specific Plan. The Specific Plan has designated Planning Area 3-6, the subject site, for very low density residential.

2. That the project is in compliance with and demonstrates the following applicable criteria:

City Council Staff Report Page 12 of 16
Meeting of December 13, 2022

2.1. Efficient site layout and design: The project, as shown on the site plan, complies with the development standards of the PC Zone and Mission Historic District requirements.

The gross acreage of the site is 22.58 acres. It is adequate in size and shape to accommodate the proposed very low density residential use and will comply with the standards required of the Specific Plan and PC Zone. Planning Area 3-6 is intended for very low density residential, up to 0 to 2 dwelling units per acre. As proposed, it is allocated for 51 homes. The applicant is in keeping with criteria for single-family development at the prescribed density.

2.2. Compatibility with neighboring properties and developments: The structures have been designed with pre-approved architectural styles listed in the Specific Plan and the Historic Mission Ordinance. Two of the styles, not on the pre-approved list, were reviewed and approved by the Historical Commission, as allowed by the Specific Plan and the Historic Mission Overlay District ordinance. The Historical Commission recommended approval of the proposed development, with requested changes.

2.3. Efficiency and safety of public access and parking: As shown on the site plan, the proposed project complies with parking regulations as well as Public Works’ street and road improvement specifications. In addition, each City department, including Public Safety/Fire, reviewed and recommended approval of the project as configured.

2.4. The arrangement and relationship of proposed structures and signs to one another and to other developments in the vicinity and whether the relationship is harmonious and based on good standards of design: The project will be compatible with the entire planned community of The Groves at Loma Linda area. The future residences were designed according to the specification of the GSP. For example, the GSP called for the homes on Mission Road to face the street rather than the interior of the residential tract; the applicant is proposing such configuration.

2.5. The compatibility in scale and aesthetic treatment of proposed structures with public areas: The proposed residential buildings will be designed in a Prairie, Craftsman, California Ranch and the Modern Farmhouse architectural style. There will be single and two-story residential homes that will continue the same historic feel of the district and surrounding residential development. The existing and proposed developments feature single and two-story homes.

2.6. The adequacy of proposed driveways, landscaping, parking spaces, potential on-site and off-site parking and traffic impacts and other potential impacts upon the environment: Traffic ingress/egress on site or by adjacent roadways would be provided by future entrances on Bryn Mawr Avenue and Citrus Avenue as well as existing roads such as Park Avenue, Redlands Boulevard, and California Street. All new entries would comply with Public Works standards and ordinances and any new streets will be built at their ultimate widths, allowing access for emergency vehicles. Additionally, streets within the proposed project area are consistent with the Vehicular Circulation and Access Plan as illustrated in the Specific Plan. All internal proposed streets and driveways within the planned development will meet requirements for emergency vehicle accessibility.

2.7. Appropriate open space and use of water efficient landscaping: All front yard areas visible from the street will be landscaped, as well as the parkway and lettered lot areas.

The applicant is proposing a total of 123,903 square feet of open space, which includes private yard spaces, parkway, and the Frink Adobe site.

City Council Staff Report Page 13 of 16
Meeting of December 13, 2022

2.8. Consistency with the General Plan and any applicable specific plan: The proposed residential project will provide much needed single-family housing, local amenities, and public improvements within the project area. The use is internally consistent with the Loma Linda General Plan goals and policies related to Special Planning Areas, specifically those related to Special Planning Area “D” (General Plan Section 2.2.7.4).

The General Plan’s vision for this area is a “livable, walkable community” with a high level of amenities for residents, such as parks, trails and paseos, and other recreational uses, exhibiting a high level of design quality. The project has been evaluated through technical studies and an adopted Environmental Impact Report, all of which identified appropriate mitigation measures to ensure the proposed use would not be detrimental to the surrounding community. Development will generally enhance the area. The project would not result in impacts to the established community and would not be detrimental to existing uses specifically permitted in the zone.

2.9. Consistency with any adopted Design Guidelines, policies, and standards: As shown on the site plan, it complies with all development standards and requirements of all City standards and policies.

3. That the project is in keeping with the character of the neighborhood, in terms of the structure(s) general appearance.

The site is adequate in size and shape to accommodate the proposed development and will comply with the standards required of the Specific Plan and PC Zone. All standards laid out in the Specific Plan were previously reviewed and approved by the Planning Commission and City Council in June of 2018.

4. That the project will not be detrimental to the harmonious and orderly growth of the City.

The public health, safety and general welfare will be protected with the implementation of the previously approved Mitigation Measures, as well as the standard Conditions of Approval for the Precise Plan of Design application.

CERTIFICATE OF APPROPRIATENESS FINDINGS
In evaluating applications for Certificates of Appropriateness, the Commission and City Council shall consider the existing and proposed architectural style, design, arrangement, materials, and any other factors with regard to the original distinguishing architectural characteristics of the area. Additionally, using the Secretary of the Interior’s Standards for Historic Preservation Projects as a guide, the Commission and Council shall approve the issuance of a Certificate of Appropriateness for any proposed work if it makes any one of the agency’s listed findings. Staff has incorporated the following finding: With regard to any property located within a historic district, the proposed work conforms to the prescriptive standards and design guidelines for the district adopted by the commission, and does not adversely affect the character of the district.

ENVIRONMENTAL DETERMINATION
An Environmental Impact Report (EIR) for The Groves at Loma Linda Specific Plan was adopted and certified by the Planning Commission and City Council on June 12, 2018 (State Clearing House No. 2018021064). All environmental impacts associated with current and future development of the area was evaluated for the entire 300-acre site found within Special Planning Area “D”, including traffic, air quality, biological resources, land use, cultural resources, etc.

City Council Staff Report Page 14 of 16
Meeting of December 13, 2022
Mitigation Measures were also adopted as part of the Specific Plan project and will continue to apply to the proposed project. Planning staff has conducted a review of the proposed project as currently designed and submitted in light of the previous environmental document and determined that no new environmental effects or concerns would result for the proposed residential condominium units. Therefore, no further environmental review is necessary.

In addition, the proposed project qualifies to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15182, which provides an exemption for residential projects located in a specific plan area where a public agency has already prepared an EIR and that residential project is undertaken pursuant to and in conformity with that specific plan. A subsequent environmental review is not required as this project is consistent and compliant with the specific plan and the applicable mitigation measures, and is considered one stage in the implementation of the adopted plan.

PUBLIC NOTICING AND COMMENTS
Public hearing notices for this project were mailed to property owners and occupants within 300 feet of the project site on Thursday, August 25, 2022. At the regular meeting of October 11, 2022, the project was continued to December 13, 2022.

In accordance with the Brown Act, the notice for this project and meeting date was also posted at three (3) public locations throughout the city (City Hall, Library, and Project Site) as well as on the city website. As of the date of the printing of this report, the City has not received any written comment in regards to this project.

FISCAL IMPACT
Effective September 22, 2020, the Successor Agency to the Loma Linda Redevelopment Agency (the “Successor Agency”) and Highpointe Groves, LLC (the “Developer”) (collectively, the Successor Agency and Developer are the “Parties”) entered into a Purchase and Sale Agreement and Joint Escrow Instructions (the “PSA”) with respect to six (6) adjacent parcels of real property consisting of approximately 70.83 acres that are within Phase III of The Groves at Loma Linda Specific Plan (the “Specific Plan”) (i.e., APNs 0292-461-04-0000 through 08-0000 and APN 0292-471-06-000) (the “Property”). The purchase price for the Property was determined by an appraisal prepared by CBRE Valuation and Advisory Services (the “CBRE”).

CBRE found that if the Property was not subject to the conditions of development specified within the Specific Plan (the “Specific Plan Community Benefitting Improvements”) (See Chapters 3 and 5 in the Specific Plan), the Property could have been valued at $15,650,000.

However, once CBRE applied the $14,200,000 estimated costs of the Specific Plan Community Benefitting Improvements, it arrived at its adjusted valuation opinion of $1,450,000.

Notwithstanding the adjusted valuation opinion, the Developer offered to purchase the Property, subject to the Specific Plan Community Benefitting Improvements, for $1,525,000.

Subsequently, the Parties entered into the PSA at the Developer’s purchase price offer.

Thereafter, the PSA was approved by the San Bernardino Countywide Oversight Board and the California Department of Finance. Upon close of escrow and consistent with the Successor Agency’s Long-Range Property Management Plan, the proceeds of sale were submitted to the San Bernardino County Auditor-Controller and later distributed by them among the effected taxing entities, inclusive of the City.

City Council Staff Report Page 15 of 16
Meeting of December 13, 2022
The Specific Plan Community Benefitting Improvements (CBI) consists of the following items:

Specific Plan Preparation Costs:

The City has incurred approximately $400,000 of costs in connection with the preparation, adoption and administration of the Groves at Loma Linda Specific Plan (the “Specific Plan”) including, without limitation, its administrative actions to market the Property for which reimbursement is required (consistent with California Government Code (“GC”) § 65456) from any developer of the Property (the “Specific Plan Reimbursements”). The Specific Plan Reimbursements are as follows:

Items Amounts
Consultant Costs $369,885.00
City Administrative Costs 30,000.00
Total: $399,885.00
ROUNDED: $400,000.00
Specific Plan Community Benefitting Improvements:

The Specific Plan includes special conditions of development that require any property developer to install, at its sole expense, certain Specific Plan CBI’s (See Chapters 3 and 5 in the Specific Plan). Specific Plan CBI’s will benefit the City as a whole and are in addition to the backbone and in-tract infrastructure improvements that directly or proportionally benefit the Specific Plan area. The City has estimated that the costs of the CBI’s are approximately $13,800,000.

The original Specific Plan Community Benefitting Improvements were as follows:

Items Amounts
Community Center (approx. 10,000 SF on 3 acres) $3,950,000.00 Fire Station (2, 500 SF on 1 acre) 2,975,000.00
Park Area (approx. 11.9 acres) 6,090,000.00
Oak Woodland Preserve (.5 acre) 733,000.00
Total: $13,748,000.00
ROUNDED: $13,800,000.00
COMBINED TOTAL: $14,200,000.00
On June 28, 2022, City Council authorized the City Manager to implement the $13.8 million Community Benefitting Improvements program applicable to the Groves at Loma Linda Specific Plan as well as collection of the reimbursement amount allocable to Highpointe as to the City’s costs for preparation of the Specific Plan and as more particularly described and conditioned above, such authorization shall be inclusive of:
(a) managing the scope and budgets of and between each component of the Community Benefitting Improvements to maximize benefits to the City; and City Council Staff Report Page 16 of 16
Meeting of December 13, 2022
(b) seeking reimbursement of $400,000 representing a portion of costs incurred in connection with the preparation and adoption of the Groves at Loma Linda Specific Plan; and (c) adding the historic Frink House project to the list of Community Benefitting Improvements.

The Frink Adobe project will consist of the reroof and structural reinforcement, an additional lot contribution, and an arborist study along with tree replacement. The Frink Adobe project now qualifies as a CBI and has become part of the $13.8 million dollars obligation the developer is required to spend towards CBI’s.

Lastly, the developer is required to pay Development Impact Fees, including the Art in Public Places impact fee. It is expected each home will cost the developer approximately $31,500 per home.

CONCLUSION
The applicant has made every effort possible to provide the most appropriate layout, design, and architecture for the new community. The Project is consistent with the General Plan and requirements of the Historical Mission Overlay District and complies with the development standards listed in The Groves at Loma Linda Specific Plan as well as the Planned Community zoning chapter of the Loma Linda Municipal Code. The Conditions of Approval and the adopted Mitigation Measures will ensure compliance with all current codes, plans, and City policies. And lastly, Findings have been made to support approval of the Precise Plan of Design request and the Certification of Appropriateness. It is recommended City Council approve the project.

Report prepared by: Lorena Matarrita, Community Development Director for the City of Loma Linda

ATTACHMENTS
A. Vicinity Map
B. Project Plans (complete bound set)
C. Site and Preliminary Grading - Full Size Plans
D. Past Meeting Minutes from Historical and Planning Commission E. Conditions of Approval
F. Adopted Mitigation Monitor Report Program, adopted June 2018 G. Street Scene Rendering
HEARING ITEM 1 – ATTACHMENT A

VICINITY MAP

ATTACHMENT C
Full Size Plans
Site and Preliminary Grading Plans
HEARING ITEM 1
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200 South Main Street, Suite 300
Corona, CA 92882 (951) 280-3300
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200 South Main Street, Suite 300
Corona, CA 92882 (951) 280-3300
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Minutes City of Loma Linda
Community Development

MEETING MINUTES

HISTORICAL COMMISSION
REGULAR MEETING OF MARCH 7, 2022
A. CALL TO ORDER
A regular meeting of the Historical Commission was called to order by Chairman Stewart at 5:30PM on Monday, March 7, 2022 in the Community Room.

B. ROLL CALL
Commissioners present: Michael Stewart, Chairman
Dick Wiley, Commissioner
Fred Ramos, Commissioner
Cindee Marshall, Commissioner
Joseph Frink, Commissioner
William B. Coffman, Commissioner
Georgia E. Hodgkin, Commissioner
Commissioners absent: Wesley James, Commissioner
Staff present: Jarb Thaipejr, City Manager (CM)
Lorena Matarrita, Senior Planner
Britnee Barbo, Administrative Specialist II
Angela Rubalcava, Administrative Specialist II
C. PUBLIC PARTICIPATION
No non-agenda related public comments.

D. DISCUSSION ITEMS

1. CERTIFICATE OF APPROPRIATENESS FOR PRECISE PLAN OF DESIGN NO. P22- 004: Request for review and approval of the proposed architectural styles of 51 singlefamily homes. The 22.58 acres is located in Planning Area 3-6 of The Groves Specific Plan. Designated as Special Planning Area “D” within the Historic Mission Overlay District, Zoned Planned Community and Very Low Density Residential. Site is located south of Redland’s Blvd, north Mission Rd intersected by Bryn Mawr Avenue. APN’s:
0292-461-06, -08 and -471-06.

Lorena Matarrita, Senior Planner, presented the project into the record. There will be 3 different floor plans and 4 architectural styles, with 6 enhanced elevations at all corner lots. Architectural styles include: Craftsman, Prairie, California Ranch, and Modern Farmhouse. The homes will range from 2,767 to 4,122 sq. ft. In size, with both singlestory and two-story options. Included is a pedestrian trail that aligns with the historic Zanja irrigation channel and expansion of the Frink Adobe property.

Chairman Michael Stewart opened the floor for public comments.

HEARING ITEM 1 – ATTACHMENT D
March 7, 2022 Page 2 of 3
Commissioner Wiley recommends more small citrus trees along Lot 13: Pg. C-1, C-13, C-20, to reduce head lights east bound turning into streets C-D. Grapefruit trees are planted along front of homes near lot 14-15, would like the idea to keep one row to give the idea of how Mission Road use to look like. Wiley also mentioned the price difference on the doors for the homes. He is concerned about deliveries (UPS/Amazon) being there is a lot of theft in the city building a new community more is to come.

Commissioner Coffman also agreed with Commissioner Wiley about theft in the community. He suggested offering a “baffle box” to hide packages from UPS/Amazon.

Coffman recommends more shutters. He thanked Ross and Steve and said they did a wonderful job with their designs.

Commissioner Hodgkin commented that the architectural styles seemed “very dark”, not “happy, bright homes”. Hodgkin mentioned she would like to see Loma Linda look “good”, with artistic interest.

Applicant Ross Yamaguchi responded to Mrs. Hodgkin concern on color appeal. He said the architectural design of homes where chosen by a pre-approved and codified list that Historical Committee approved. In addition, the Specific Plan requires earthy tones in terms of color.

Commissioner Frink would like to see a setback of 30ft. for Lots 14-18. He said these estate type homes could have a 50ft. setback because there is room for it. Back in the day he would see 20ft. or 60ft. from the street, possible reason due to flooding situation.

He suggested staggered setbacks to provide a rural estate setting, but leaving enough room in backyards for pool and play areas. Also, he recommended the two-story homes to have double doors and use brick similar to the adobe brick. Mr. Frink also thanked Highpointe Communities for working out the issue in regards to the Adobe Frink property and donating the other lot for the future historical site.

Commissioner Stewart recommended Lot 13, on the right side of house, to have shutters, facing the Adobe.

Commissioner Stewart motioned APPROVAL of the Certificate of Appropriateness for the proposed architectural styles and configuration of the 51 single-family homes located in The Groves at Loma Linda Specific Plan, P.A. 3-6, in association with Precise Plan of Design Application No. P2-004, seconded by commissioner Coffman 6 yeas, 1 nay, 0 abstentions, 1 absent.

2. STREET NAME REVIEW FOR MAP 20417. The 51 single-family homes in Planning Area 3-6.

The Historical Commissioners reviewed the street naming guidelines and consideration for a theme or specific street names for residential tract.

3. STREET NAME REVIEW FOR MAP 20442: The 103 condos in Planning Area 3-5.

The Historical Commissioners reviewed on the street naming guidelines and consideration for the “fruit” theme for the residential tract, to be consistent with the March 7, 2022 Page 3 of 3
“citrus” theme found on the adjacent tract. The Commission agreed to bring street name samples to the next meeting for discussion and approval.

4. APPROVAL OF MINUTES: Commissioner Stewart motioned to approve the minutes for Meeting of June 7, 2021; September 13, 2021; and December 20, 2021, seconded by Commissioner Wiley. 7 yeas, 0 nays, 1 absent.

E. OTHER ITEMS: Staff presented five portraits with a narrative story to the Historical Commissioners for the Interpretive Signs that will be recognized along the Zanja Trail. The sign verbiage and physical structure design were previously approved at the Historical Commission meeting on April 19, 2021.

F. REPORTS FROM STAFF: City Manager, Jarb Thaipejr, announced the Historical Committee will go back to 8 member volunteers, pending upon approval by City Council.

G. ADJOURNMENT – 6:41 PM
Approved at the meeting of September 12, 2022
Britnee Barbo
Britnee Barbo
Administrative Specialist II
Minutes City of Loma Linda
Community Development

HISTORICAL COMMISSION
SPECIAL MEETING OF DECEMBER 20, 2021
A. CALL TO ORDER
A special meeting of the Historical Commission was called to order by Chairman Stewart at 5:30PM on Monday, December 20, 2021 in the Community Room.

B. ROLL CALL
Commissioners present: Michael Stewart, Chairman
Dick Wiley, Commissioner
Fred Ramos, Commissioner
Wesley James, Commissioner
Joseph Frink, Commissioner
Commissioners absent: Betty Stark, Commissioner
William B. Coffman, Commissioner
Lori Curtis, Commissioner
Richard Schaefer, Commissioner
Georgia E. Hodgkin, Commissioner
Cindee Marshall, Commissioner
Staff present: Konrad Bolowich, Assistant City Manager (ACM) Britnee Barbo, Administrative Specialist II
Angela Rubalcava, Administrative Specialist II
C. PUBLIC PARTICIPATION
No non-agenda related public comments.

D. DISCUSSION ITEMS

1. CERTIFICATE OF APPROPRIATENESS FOR TENTATIVE TRACT MAP PERMIT NO.

P-21-087 FOR MAP 20417: The Request is to subdivide the 29 acres within planning Area 3-6 of The Groves at Loma Linda specific Plan and create 52 “estate-style” residential lots at a minimum of 10,000 sqft each and a lettered lot, along with road improvements and trail connectors throughout the development. The Zanja trail and Frink Adobe to be preserved on site and utility structure to be salvaged and relocated if feasible. Designated as Special Planning Area “D” within the Historic Mission Overlay District, Zoned Planned Community and Very Low Density Residential. Site is located south of Redland’s Blvd, north of Mission Rd intersected by Bryn Mawr Ave.

ACM Bolowich presented project into the record.

Chairman Stewart opened the floor for public comment.

Historical Commission
December 20, 2021 Page 2 of 2
A member of the public asked if new trees will be planted to replace the ones that will be removed. ACM Bolowich replied that anything not part of Frink Adobe property will be removed without replacement due to their lack of historical significance. The trees on the Frink Adobe property will be replaced.

Member of the public, Pete Dangermond, made a comment proposing the idea to expand the Frink Adobe site to allow more space for field trip activities and amenities.

Members of the public, Jim Shipp and Dr. Audrey Meyer, made comments supporting Dangermond’s proposal.

Chairman Stewart closed public comment.

The Historical Commission agreed they were in favor of the project and they recommended the following suggestions to the Planning Commission:
• Expand the Frink Adobe parcel by incorporating lot 16 to the east, which was previously designated for a single-family home within the proposed development. • Replace the deceased trees on the Frink property with new healthy trees. • Provide rodent and pest control maintenance on regular basis to protect the existing and new tress from damage and decay.
• Build a perimeter fence or wall to protect the historic site.

2. APPROVAL OF MINUTES:

Meeting of June 7, 2021 and September 13, 2021 was deferred until the next meeting due to lack of quorum.

E. OTHER ITEMS
No other Items
F. ADJOURNMENT – 7:25 P.M
Approved in the meeting of May 5, 2021
Britnee Barbo
_________________________
Britnee Barbo
Administrative Specialist II
Draft Minutes City of Loma Linda
Community Development
Planning Commission
Adjourned Special Meeting of July 11, 2022
An adjourned special meeting of the Planning Commission was called to order by Chairman Nichols at 5:30 PM, Monday, July 11, 2022, in the City Council Chambers, 25541 Barton Road, Loma Linda, California.

Commissioners Present: John Nichols, Chairman
Jay Nelson
Doree Morgan
Commissioner Absent: Ryan Gallant, Vice-Chairman
Larry Karpenko
Staff Present: Lorena Matarrita, Senior Planner
Angela Rubalcava, Administrative Specialist II
Diane E. Robbins, City Attorney
Applicants: Steve Vliss, Highpointe Communities
Mathew Gevergiz, Lennar Homes
Ross Yamaguchi, Highpointe Communities
Chairman Nichols led the Pledge of Allegiance.

ITEMS TO BE DELETED OR ADDED
No items were added or deleted.

PUBLIC COMMENT NON-AGENDA ITEMS
None

PUBLIC HEARING ITEMS

1. Council Bill# R-2022-32, A Resolution of Application requesting the Local Agency Formation Commission to take proceedings for the future Canyon Ranch Annexation.

Chairman Nichols opened the public hearing.

Senior Planner, Lorena Matarrita, presented the staff report into evidence.

Commissioner Nelson asked if the city would provide utility services to residents in the future annexation area and if there is existing water and sewer line on Beaumont Avenue.

City Manager, Jarb Thaipejr, answered that there is currently a water and sewer line on Beaumont Avenue, but it ends at the railroad tracks. The city is working on a plan to extend the water main under the railroad tracks. City Manager Thaipejr also explained that the City of Loma Linda would work with surrounding jurisdictions to determine the future utilities.

Planning Commission Minutes
Meeting of July 11, 2022
2 of 5
Chairman Nichols asked how the zone change from Commercial to Residential at the project site north of Bermudez Street will be compatible with the surrounding zoning along Barton Road.

Senior Planner Matarrita replied that staff supports the zone change from General Commercial to Low-Density Residential because it will be adjacent to existing residential zoning. The city must also meet the Regional Housing Needs Allocation RHNA numbers required yearly by the state.

Chairman Nichols asked if the entire annexation area would be rezoned for the proposed annexation.

Senior Planner Matarrita explained that only four parcels would be rezoned for the future 37-unit residential development project located north of Bermudez Street between New Jersey Street and San Timoteo Canyon Road at the Applicant’s request.

Chairman Nichols requested more information about the annexation voting process.

Senior Planner Matarrita explained that the San Bernardino County’s Local Agency Formation Commission (LAFCO) would manage the voting and proceedings. City Staff will begin to learn more as the LAFCO application progresses. Nine registered voters in the annexation area will have a chance to speak at future hearings.

Chairman Nichols opened the floor for public comments.

Property Owner, Bob Stewart, commented that after speaking with city staff and listening to the commissioner’s comments, he is satisfied with the LAFCO proceedings and their thorough annexation application process.

Property Owner, Kaden Stewart, asked if there would be any changes to his utilities that the City of Redlands currently services.

City Manager Thaipejr explained that the City of Loma Linda would coordinate with surrounding jurisdictions to determine the future utilities.

Commissioner Morgan inquired if a traffic study would be completed.

Senior Planner Matarrita confirmed that a consultant hired by the city would complete a thorough traffic study. The study will come before the commission at a later time.

Chairman Nichols closed the public hearing.

Motion by Commissioner Nelson, seconded by Commissioner Morgan, and unanimously carried to recommend the following action to City Council:

APPROVE Council Bill #R-2022-32, a Resolution of Application requesting the Local Agency Formation Commission to take proceedings for the annexation of Approximately 141 acres known as the Canyon Ranch Annexation.

Planning Commission Minutes
Meeting of July 11, 2022
3 of 5

2. Ratification of Certificate of Appropriateness for Tentative Tract Map Application No.

P21-133 and Precise Plan of Design Application No. P21-134 to develop 103 condos “Stonebrook” located in Planning Area 3-5 of The Groves Specific Plan.

Chairman Nichols opened the public hearing.

Senior Planner, Lorena Matarrita, presented the staff report into evidence.

Chairman Nichols suggested revising the side elevation window alignments to provide more privacy between neighbors.

Commissioner Morgan asked if an HOA would be associated with this project and if the landscaping would be drought-resistant.

Senior Planner Matarrita advised that an HOA will be associated with the development as identified within the Conditions of Approval. City Manager Thaipejr suggested that staff will work with the applicant to provide pleasant drought-resistant landscaping.

Commissioner Nelson recommended assigned guest parking with restrictions for the days and hours they are permitted to park. Chairman Nichols and Commissioner Morgan agreed.

Commissioner Nelson inquired if the landscaping would match the surrounding developments.

City Manager Thaipejr confirmed that the landscaping for “The Groves” development would be consistent with the surrounding communities.

Chairman Nichols opened the floor for public comments.

Property Owner, Bob Stewart, mentioned concerns about drainage issues due to the proposed retaining and perimeter walls to be built adjacent to existing homes. He also asked if there would be signage posted near the entrance of the non-gated community for the public to know that the streets inside the development are private.

City Attorney Robbins explained that number seventy-eight of the Conditions of Approval states that all lots shall drain into the streets, and any additional drainage shall be mitigated on-site; no cross-lot drainage will be allowed unless easements are provided. City Manager Thaipejr suggested that signs could be placed at the development entrance to inform the public about the private streets.

Property Owner, Erika Lambert, residing at 26150 Mission Road, asked if Citrus Avenue would end at her property or if it would encroach through the rear of her property.

Senior Planner Matarrita explained that the proposed development would not affect Lambert’s property, and Citrus Avenue would not encroach.

Chairman Nichols closed the public hearing.

Motion by Commissioner Morgan, seconded by Commissioner Nelson, and unanimously carried to recommend the following actions to City Council:

DETERMINE the project is exempt from CEQA pursuant to CEQA Guidelines Section 15182, which provides an exemption for residential projects located in a specific plan area where a public agency has already prepared an EIR; and RATIFY Certificate of Appropriateness for Precise Plan Planning Commission Minutes
Meeting of July 11, 2022
4 of 5
of Design Permit No. P21-134 and Tentative Tract Map Permit No. P21-133; and APPROVE Tentative Tract Map No. P21-133 to subdivide a 12.32-acre vacant site into four (4) new parcels (Map 20442); and APPROVE Precise Plan of Design No. P21-134 for the proposed architectural styles and design configuration of a 103 detached condominium residential community that will include 309 parking spaces, an open space paseo, interior private roads, and a 6-foot perimeter block wall. The site is located west of Bryn Mawr Avenue and north of Citrus Avenue and is zoned “Planned Community”, within Special Planning Area “D” of the General Plan and the Historic Mission Overlay District. The recommended approvals listed above are based on the Findings contained in the Staff Report and subject to the Conditions of Approval and the original Mitigation Measures adopted on June 12, 2018; and APPROVE additional Conditions of Approval: 1. HOA must assign guest parking spaces which shall include the max number of contiguous days and hours the spaces can be used. The HOA shall manage and enforce the guest parking regulations.

2. Work with staff to revise the window placement on the side elevations of the applicable residences. Place windows in different areas of the side walls so neighbors have more privacy.

3. Ratification of Certificate of Appropriateness for Tentative Tract Map Application No.

P21-087 and Specific Plan Amendment Application No. P21-179 to develop 51 singlefamily residential lots, five (5) letter lots that will preserve the historic Frink Ranch property, and a trail along the Zanja channel in Planning Area 3-6 of The Groves Specific Plan.

Chairman Nichols opened the public hearing.

Senior Planner, Lorena Matarrita, presented the staff report into evidence.

Commissioner Morgan suggested replacing the vinyl fencing with block walls on each residential lot's side and the rear properties.

Chairman Nichols opened the floor for public comments.

Property Owners Wilson Parcels and Herbert Samoyoa asked if the development would affect their neighboring properties.

Senior Planner Matarrita confirmed that Parcel’s and Samoyoa’s properties would not be affected by the proposed development.

Property Owner, Erika Lambert, asked if a perimeter block wall would be placed on her shared east-side side property line.

Senior Planner Matarrita confirmed that a shared block wall would be placed on the east side of Lambert’s property line.

Two Canyon’s Conservancy President, Pete Dangermond, thanked the developer for collaborating with Two Canyon to expand and preserve the Frink Adobe Ranch.

Historical Commissioner, Dick Wiley, recommended that the developers exclude Pepper Trees from their future landscaping plans. He explained that they are too delicate in windy conditions.

Highpointe Communities, Steve Vliss, addressed the commission’s suggestion for the replacement of vinyl fencing for solid block walls. He commented that the vinyl fencing should remain to allow prospective homeowners the ability to customize their backyards to individual preferences.

Planning Commission Minutes
Meeting of July 11, 2022
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Chairman Nichols closed the public hearing.

Motion by Commissioner Morgan, seconded by Commissioner Nelson, and unanimously carried to recommend the following actions to City Council:

DETERMINE the project is exempt from CEQA; and APPROVE Council Bill # R-2022-08, resolution to approve Specific Plan Amendment No. P21-179 to amend the text found in Chapter 4, § 4.4.2, of The Groves at Loma Linda Specific Plan, to change the building-to-building separation requirement from a 40 feet to 30 feet minimum distance; and RATIFY Certificate of Appropriateness for Tentative Tract Map Permit No. P21-087; and APPROVE Tentative Tract Map Permit No. P21-087 to subdivide a 22.58-acre vacant site within Planning Area 3-6 of The Groves at Loma Linda Specific Plan and create 51 single-family residential lots (Map 20417) and five (5) lettered lots that will preserve the historic Frink Ranch property, related on and off-site improvements, a trail adjacent to the historic Zanja channel, and a 6-foot tall perimeter block wall.

The project site is generally located south of Citrus Avenue and west of Bryn Mawr Avenue and designated as Special Planning Area “D” within the Historic Mission Overlay District, zoned Planned Community and intended for Very Low-Density Residential; and APPROVE additional Condition of Approval: Replace vinyl fencing with a block wall on the side and rear property lines of each residential lot.

The recommended approvals listed above are based on the Findings contained in the Staff Report and subject to the Conditions of Approval and the original Mitigation Measures adopted on June 12, 2018.

APPROVAL OF MINUTES
Motion by Commissioner Nelson, seconded by Commissioner Morgan, to approve the minutes of June 1, 2022, as presented. All in favor; unanimously carried.

PLANNING COMMISSIONERS’ REPORTS/COMMENTS
Chairman Nichols inquired if there is a way for the commissioners to review future projects at the beginning stage of the application.

City staff advised that they would research this request.

REPORTS BY THE COMMUNITY DEVELOPMENT DEPARTMENT
Senior Planner Matarrita informed the commission that city career openings are now listed on the city website under the Employment Opportunities page.

ADJOURNMENT – Chairman Nichols adjourned the meeting at 8:50 PM.

The next Regular Meeting is on August 17, 2022.

CONDITIONS OF APPROVAL AND

PREVIOUSLY ADOPTED MITIGATION MONITORING REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) was formulated based upon the findings of the certified Environmental Impact Report (EIR) prepared for the Groves at Loma Linda Specific Plan project in June of 2018. The MMRP, attached to these conditions, lists mitigation measures listed in the EIR prepared for the subject site and identifies mitigation monitoring requirements. Per the requirements of State law (Public Resources Code §21081.6), the Lead Agency was required to adopt the MMRP to avoid significant environmental impacts.

The MMRP is intended to ensure compliance with the mitigation measures identified in the EIR during implementation of each planning area and phases.

PROJECT DESCRIPTION: Precise Plan of Design No. P22-004, which includes the architectural styles and configuration of 51 single-family, estate-style homes on 10,000 sqft minimum lots. The four (4) architectural styles: Craftsman, Prairie, California Ranch, and Modern Farmhouse. The 22.58 acre vacant site (Map 20417) is located in Planning Area 3-6 of The Groves Specific Plan, south of Park Ave, north of Mission Rd, and intersected by Bryn Mawr Ave. It is designated as Special Planning Area “D” within the Historic Mission Overlay District, Zoned Planned Community and Very Low Density Residential. APN’s: 0292-461-06, - 08, and 0292-471-06.

COMMUNITY DEVELOPMENT DEPARTMENT (909) 799-2839
General

1. Within 24 months (two years) of this approval, the project shall be exercised by substantial construction or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, the permit/approval shall become null and void.

PROJECT CASE NUMBERS EXPIRATION DATE
PPD P22-004 December 28, 2024

2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions.

3. The applicant and owner shall indemnify, protect, defend, and hold harmless the City, and any agency or instrumentality thereof, and officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the City of Loma Linda
25541 Barton Road, Loma Linda, CA 92354  (909) 799-2830  (909) 799-2894 Community Development Department
Conditions of Approval for PPD No. P22-004 Page 2 of 14 voters of the City, concerning the project and the approvals granted herein. Furthermore, the owner shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against another governmental entity in which owner's project is subject to that other governmental entity's approval and a condition of such approval is that the City indemnify and defend such governmental entity.

4. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, their affiliates, officers, agents and employees from any claim, action or proceeding against the City of Loma Linda. The applicant further agrees to reimburse the City of any costs and attorney’s fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition.

5. During the lifetime of the permit, applicant must comply with all applicable laws and regulations of every local, state, and federal entity; and all such requirements and enactments will be incorporated by reference as conditions of this permit. The duty of inquiry as to such requirements and any amendments thereto will be upon applicant and his or her transferees or successor in interest.

6. Any future construction or application submitted for development shall meet the requirements of the California Building Code and the California Fire Code as adopted and amended by the City of Loma Linda and legally in effect at the time of issuance of building permits.

7. Any future grading, construction or submittal of a development application shall comply with all provisions and requirements of the current development standards found in the Planned Community (PC) Zone Chapter of the Loma Linda Municipal Code and the standards listed in the Groves at Loma Linda Specific Plan (GSP).

8. Construction shall be in substantial conformance with the plan(s) approved by the Planning Commission and/or City Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor administrative variation process. Any modification that exceeds 10% of the following allowable measurable design/site considerations shall require the refilling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable. Minor modification to any plan(s) implementing the GSP shall be subject to the provisions listed in the adopted plan. Modifications may include:
a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and,
d. A reduction in density or intensity of a development project.

9. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Building Conditions of Approval for PPD No. P22-004 Page 3 of 14 Division. A Temporary Certificate of Occupancy may be issued by the Building Division subject to the conditions imposed on the use, provided that a deposit is filed with the Community Development Department prior to the issuance of the Certificate, if necessary.

The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit.

10. The subdivision shall conform to all provisions of Title 16 of the Loma Linda Municipal Code (LLMC) and comply with the Subdivision Map Act.

11. This approval is subject to all the applicable provisions of the Loma Linda Municipal Code, Title 17 in effect at the time of approval, and The Groves at Loma Linda Specific Plan, which includes the Community Benefiting Improvements (as referenced at conditions 33 through 36) as well as development standards and requirements relating to: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until compliance is met. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground.

12. Signs are not approved as a part of this permit. Prior to establishing a community monument sign, or any new signs, the applicant shall submit an application, and receive approval, for a sign permit from the Planning Division (pursuant to LLMC, Chapter 17.18) and a building permit for construction of the signs from the Building Division, as applicable.

13. Any proposed walls, fence, and/or patios, including the 6 foot perimeter wall and intervior vinyl fencing indicated in the plans, will require a separate review and permit from the Planning and Building and Safety Divisions. Submit to Planning and Building for Plan Check simultaneously.

14. Applicant shall comply with the LLMC, Chapter 17.24.310 and the California Green Building Standard Code, Section 5.106 to reduce light pollution. If applicable, a photometric lighting plan will be required to show staff the exact locations of light poles, proposed orientation, and shielding of the fixtures to prevent glare onto adjacent properties.

15. During construction of the site, the project shall comply with Section 9.20 (Prohibited Noises) which limit construction activities to the hours between 7:00 a.m. to 8:00 p.m.

Monday through Friday, with no heavy construction occurring on weekends or national holidays. Additionally, all equipment is required to be properly equipped with standard noise muffling apparatus. Adhering to the City’s noise ordinance would ensure impacts from construction noise would be less than significant.

16. The applicant shall implement SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust, which will include but not be limited to the use of best available control measures and reasonably available control measures such as:
a. Water active grading areas and staging areas at least twice daily as needed; Conditions of Approval for PPD No. P22-004 Page 4 of 14 b. Applicant shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon.
c. Applicant shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion.
d. Suspend grading activities when wind gusts exceed 25 mph; e. Sweep public paved roads if visible soil material is carried off-site; f. Enforce on-site speed limits on unpaved surface to 15 mph; and g. Discontinue construction activities during Stage 1 smog episodes.

17. Applicant shall work with the City’s franchised solid waste hauler, CR&R, to follow a debris management plan to divert the material from landfills by the use of separate recycling bins (e.g., wood, concrete, steel, aggregate, glass) during demolition and construction to minimize waste and promote recycle and reuse of the materials.

18. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel.

19. Applicant shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction.

20. Applicant shall ensure that construction personnel are informed of ride sharing and transit opportunities.

21. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling.

22. Applicant shall provide infrastructure for the Loma Linda Connected Community Program, which includes providing a technologically enabled development that includes coaxial, cable and fiber optic lines to all outlets in each unit of the development. Plans for the location of the infrastructure shall be provided with the submittal, which includes providing a technologically enabled development that includes coaxial, cable, and fiber optic lines to all outlets in each unit of the development. Plans for the location of the infrastructure shall be provided with the precise grading plans and reviewed and approved by the City of Loma Linda prior to issuing grading permits.

23. Applicant shall comply with all existing and future CARB and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment.

24. Development Impact Fees shall be paid to the City of Loma Linda prior to the issuance of any building and/or construction permits. It shall cover 100 percent of the pro rata share of the estimated cost of public infrastructure, facilities, and services. No credits shall apply notwithstanding the provision of Community Benefiting Improvements as referenced at Conditions 33 through 37.

25. Prior to issuance of any Building and/or Construction Permits, the applicant shall submit to the Community Development Department (Building and Safety Division) proof of payment or waiver from the City of San Bernardino for sewer capacity fees and the Redlands Unified School District for school fees.

Conditions of Approval for PPD No. P22-004 Page 5 of 14 Landscaping

26. During the Plan Check process, the applicant shall submit three sets of final landscape plan(s) prepared by a state licensed Landscape Architect, subject to the approval of the Community Development Department, and Public Works Department for landscaping in the public right-of-way. Landscape plans for any Landscape Maintenance District shall be on separate plans.

27. The final landscape plans shall confirm to the City’s landscape regulations and the State Model Water Efficient Landscape Ordinance, as adopted by the City (LLMC, Ch. 13).

28. Final landscape and irrigation plans shall be in substantial conformance with the approved conceptual landscape plan and the conditions of approval (as identified in and in compliance with the Specific Plan) including areas of public right-of-way. Any and all fencing or walls shall be illustrated on the final landscape plan.

29. The applicant shall maintain the property and landscaping in a clean and orderly manner and all dead and dying plants shall be replaced with similar or equivalent type and size of vegetation.

30. For a lifetime of this permit, applicant must allow a 14 foot vehicular path clearance at all times.

31. For a lifetime of this permit, applicant must replace all dead or missing plants and trees as to comply with the approved landscape plan.

32. Landscape plans shall depict the utility laterals, concrete improvements, and tree locations.

Any modifications to the landscape plans shall be reviewed and approved by the Public Works and Community Development Departments prior to issuance of permits.

Community Benefiting Improvements (these are also referred to herein as Embedded Obligations) On June 28, 2022, the Loma Linda City Council authorized the City Manager to implement the $13.8 million Community Benefiting Improvements (CBIs) program (also referred herein as “Embedded Obligations”) applicable to the Groves at Loma Linda Specific Plan, inclusive of:
(a) managing the scope and budgets of and between each component part of the Community Benefiting Improvements to maximize benefits to the City; and (b) seeking reimbursement of $400,000 representing a portion of costs incurred in connection with the preparation and adoption of the Groves at Loma Linda Specific Plan; and (c) adding the historic Frink House project to the list of Community Benefiting Improvements.

Pursuant to the City Council’s authorization, as more particularly described within the June 28, 2022 Official Staff Report to the City Council (which by this reference is made a part of these Conditions of Approval as though fully set forth herein) the City Manager will ensure that, at a minimum, the developer reaches the Embedded Obligations Cost Ceiling. In addition, the developer may (but will not be obligated to) spend more, but may not spend less. Further, any modification to the scope and/or budget of the CBIs requires the express written approval of the City Manager.

33. Prior to the issuance of a certificate of occupancy for the 80th dwelling unit (out of the combined 154 units in Planning Areas 3-5 and 3-6) and under the observation and Conditions of Approval for PPD No. P22-004 Page 6 of 14 concurrence of the City Manager, the applicant must install all of the CBIs related to the Groves at Loma Linda project. They are generally described as follows:
a. Fully equipped community center, approximately 10,000 square foot in size, and having an estimated cost of $3.95 million to develop. Such cost is subject to confirmation by the City Manager upon submittal of evidenced by the applicant or owner demonstrating that not less than such amounts have been expended for the community center. Costs shall be limited to capitalized expenses (e.g., design, engineering, permit processing, inspection, etc.) and construction costs paid to third parties and shall not include overhead;
b. A two-bay fully equipped fire station of not less than 2,500 square feet with one fire engine (pumper) to be developed on not less than a one-acre parcel with an estimated cost of $2.975 million to develop. Such cost is subject to confirmation by the City Manager upon submittal of evidenced by the applicant or owner demonstrating that not less than such amounts have been expended for the fire station. Costs shall be limited to capitalized expenses (e.g., design, engineering, permit processing, inspection, etc.) and construction costs paid to third parties and shall not include overhead;
c. A public park with a dry creek feature having an estimated cost of $6.09 million to develop. Such cost is subject to confirmation by the City Manager upon submittal of evidenced by the applicant or owner demonstrating that not less than such amounts have been expended for the public park. Costs shall be limited to capitalized expenses (e.g., design, engineering, permit processing, inspection, etc.) and construction costs paid to third parties and shall not include overhead; d. The historical adobe Frink house project includes the restoration of the roof, structural reinforcement, an arborist study and replacement of trees, (all having a cost, as aggregated of approximately $108,000: the “Adobe Improvement Amount”) and the conveyance of a parcel (see Condition 38) having an imputed opportunity value of $261,000 (the “Lot Amount”). The project cost is estimated at $370,000 (inclusive of the Adobe Improvement Amount and the Lot Amount). The Adobe Improvement Amount is subject to confirmation by the City Manager upon submittal of evidence by the applicant or owner demonstrating that not less than such Adobe Improvement Amount has been expended as delineated above. Costs shall be limited to capitalized expenses (e.g., design, engineering, permit processing, and inspection as paid to third parties) and shall not include overhead.

City Manager will credit applicant or owner as against the $13.8 million obligation for CBIs those amounts hereafter approved in writing by the City Manager as the Adobe Improvement Amount. In addition, at such time as the applicant or owner has conveyed the parcel identified in 38 to the Two Canyons Conservancy Group, the City Manager will apply as a credit against the $13.8 million obligation for CBIs a credit equal to the Lot Amount;
e. An oak woodland preserve park to be developed with an estimated cost of $733,000 to develop. Such cost is subject to confirmation by the City Manager upon submittal of evidenced by the applicant or owner demonstrating that not less than such amounts Conditions of Approval for PPD No. P22-004 Page 7 of 14 have been expended for the oak woodland preserve park. Costs shall be limited to capitalized expenses (e.g., design, engineering, permit processing, inspection, etc.) and construction costs paid to third parties and shall not include overhead.

In the event demonstrated costs (as determined by the City Manager) for any of the items listed in subparagraphs a, b, c, d, or e (namely, community center, fire station, public park, Frink adobe, oak woodland preserve park) are less than the amounts indicated for such corresponding item(s) in such subparagraphs, the owner and applicant shall be jointly and severally liable and responsible for providing to the City such additional community benefiting improvements (inclusive of expanded scopes of development for the five existing CBIs) and shall represent the difference between the cost figures listed in the foregoing part of Condition 33 and the actual costs demonstrated (as determined by the City Manager) and which additional community benefiting improvements shall have first been approved in writing by the City Manager. If the residual funds are insufficient, then the parties will negotiate a modification to the scope of work for the oak woodland preserve park, leaving any unfinished portion as a future project that may be developed by the City depending on the availability of funding. Notwithstanding the above, the Embedded Obligations of developer, applicant, and owner will be limited to spending $13.8 million of actual out-ofpocket cost (the “cost ceiling”) to complete CBI items (a) through (e) above and, if the funds are insufficient to complete all the CBI items as described, then the parties will negotiate a modification to the scope of work for the CBI items (a) through (e) above, leaving any unfinished portion as a future project that may be developed by the City depending on the availability of funding.

34. The applicant shall separately apply for final approval for each CBI. Each CBI and final set of plans shall be authorized by the City Manager during the Plan Check process.

35. The previously reviewed and approved plans for the community center will require an amendment to allow for the increase in size. The applicant shall work with the City Manager and the City Manager shall administratively review the revised plans accordingly.

36. The CBI Embedded Obligations shall total a minimum of $13.8 million. The applicant shall provide the City with evidence demonstrating costs of the Embedded Obligations per Condition 33 have been expended by applicant or developer. The Embedded Obligations will be limited to spending $13.8 million of actual out-of-pocket cost (the “cost ceiling”) to complete CBI items.

37. Pursuant to California Government Code §65456 the applicant shall pay or provide evidence reasonably satisfactory to the City Manager that applicant has paid to City the sum of $400,000 as reimbursement for a portion of the costs incurred by City in connection with the preparation and processing of the Specific Plan; in the event the applicant demonstrates to the reasonable satisfaction of the City Manager that the applicant expended $85,612 in connection with negotiations with third parties concerning development of the subject property, the City Manager will apply a credit of $85,612 as against the obligation of applicant to reimburse City the sum of $400,000 (yielding a net amount payable by the applicant of $314,388).

Conditions of Approval for PPD No. P22-004 Page 8 of 14

MITIGATION MONITORING REPORTING PROGRAM (MMRP)

38. The applicant/developer/owner shall review the existing and adopted Mitigation Monitoring Report Program (MMRP) that is attached and part of these Conditions of Approval, and shall comply with all applicable mitigations listed in the program including agriculture, air quality, biological resources, cultural resources investigations, tribal cultural resources condition, noise, and transportation/traffic mitigations.

BUILDING AND SAFETY DIVISION (909) 799-2836

39. Upon Planning Commission approval, applicant shall submit four (4) sets of professionally prepared plans to the Building and Safety Division’s Plan Check process. Plans must comply with the adopted California Building and Fire Code at the time of submittal. Two copies will be for Building/Willdan, one for Fire, one for Public Works.

40. Along with those sets, the applicant shall also submit two sets of structural calculations and two sets of Title 24.

FIRE DEPARTMENT (909) 799-2853

41. All construction shall meet the requirements of the 2019 California Building Code (CBC) and the California Fire Code (CFC)/International Fire Code (IFC) as adopted and amended by the City of Loma Linda and legally in effect at the time of issuance of building permit.

42. On-site civil engineering improvement plans shall be submitted to Fire Prevention for review and approval prior to construction.

43. Deferred submittals for a NFPA 13D sprinkler system. Pursuant to CFC Section 903, as amended in Loma Linda Municipal Code (LLMC) Sections 15.28.230-450, the building(s) shall be equipped with automatic fire sprinkler system(s). Pursuant to CFC Section 901.2, plans and specifications for the fire sprinkler system(s) shall be submitted to Fire Prevention for review and approval prior to installation. Fire flow test data for fire sprinkler calculations must be current within the last 6 months. Request flow test data from Loma Linda Fire Prevention.

44. Builder must submit the fire safety and prevention plan to AHJ for authorization prior to starting work.

45. NASFM Construction Fire Safety training for PM and site supervisors.

46. No lumber drops until fire underground is installed and tested, and fire department access points and road have been established.

47. CFC Chapter 33 shall be maintained at all times during construction/demolition.

48. Street names. Prior to recordation of street names, the proposed names will be submitted to both the Historical Commission and the Fire Prevention Division for review and approval.

49. Street name signs must be installed in conjunction with road improvements and the sign must be in accordance with the City’s standards.

50. Illuminated address for each structure per LLMC 15.28.190 section 505.1.

Conditions of Approval for PPD No. P22-004 Page 9 of 14

51. Comply with Section 503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official.

52. Provide hydrants for fire flow requirements per CFC Annex B and BB.

53. All fire hydrants shall be installed and tested for review and approval by the Fire Department.

54. Fire lines and signage, as indicated on the approved FD access plan, shall be maintained at all times.

55. Structures under construction shall be provided with not less than one approved portable fire extinguisher in accordance with §906 of the CFC.

56. Combustible waste material shall be removed from buildings at the end of each shift of construction work.

57. Builder must have an all-weather driving surface, and the fire loop and hydrants must be in installed, inspected, and tested prior to any lumber drop.

58. Builder and employees must take the National Association State Fire Marshals construction fire safety training prior to the start of the project.

59. For all notes, guidelines and FD apparatus specifications for plan submittal:
http://www.lomalindaca.gov/our_city/departments/fire/fire_prevention/fire_plan_check_application PUBLIC WORKS DEPARTMENT (909) 799-4407

60. Prior to issuance of a Grading Permit, applicant must submit improvement plans on 24" x 36" sheets having the City's standard signature blocks. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal.

Applicant must submit improvement plans for the entire project as one package and must include all project improvements shown on the approved project exhibits and those to be designed per these Conditions. Piecemeal submittal of plans is not acceptable. Plans and studies must be signed by a California State Registered Civil Engineer at the time of first submittal. This package must include all supporting studies.

61. The regional detention facility in Planning Area 3-4 must be fully functional prior to the first issuance of a Building Permit for any of the residential dwellings.

62. The precise grading plan with hydrology study, hydraulic calculations, and soils report for the project shall be approved by the City of Loma Linda Public Works Department prior to issuance of any building permits.

63. Public improvement plans shall be submitted to Public Works for review and approval.

64. A Final Map, with conditions, is required in compliance with the Loma Linda Municipal Code and the Subdivision Map Act, to be submitted to the Public Works Department (Engineering) for review prior to the issuance of building and grading permits. Submit two copies of the maps with fee payment.

65. Prior to the issuance of building or grading permits, the applicant shall record the approved Final Map within two years of approval with the San Bernardino County Recorder pursuant to the provisions of the State Subdivision Map Act prior to issuance of any permits.

Conditions of Approval for PPD No. P22-004 Page 10 of 14

66. The applicant shall install or bond for all off-site improvements prior to recording the Final Map.

67. The applicant shall dedicate the ultimate right-of-way street width to the City by Final Map.

68. Easements of record not shown on the Final Map shall be relinquished or relocated. Lots affected by proposed easements or easement of records, which cannot be relinquished or relocated, shall be redesigned.

69. Applicant must install and maintain the street trees, parkway landscaping, and irrigation system within the development during construction phase. Once installed, the property owner must maintain these improvement in perpetuity.

70. Prior to the issuance of Certificate of Occupancy of the first building completed, Applicant must have completed installation of Right-of-Way landscape improvements as shown on the City Approved Landscape Plans.

71. The applicant shall comply with all of the Public Works Department requirements for recycling prior to issuance of a Certificate of Occupancy.

72. The applicant shall submit final grade certifications, by the grading engineer, to the Public Works Department prior to issuance of any Certificate of Occupancy.

73. Any damage to existing improvements as a result of this project shall be repaired by the applicant to the satisfaction of the City Engineer.

74. NPDES requirements apply, including SWPPP and WQMP.

75. Prior to issuance of grading permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit.

76. All lots shall drain to streets or other approved device. All additional drainage due to development shall be mitigated on-site, no cross lot drainage will be allowed unless suitable easements are provided. A Water Quality Management Plan is required to address on-site drainage construction and operation.

77. All necessary precautions and preventive measures shall be in place in order to prevent material from being washed away by surface waters or blown by wind. These controls shall include at a minimum: regular wetting of surface or other similar wind control method, installation of straw or fiber mats to prevent rain related erosion. Detention basin(s) or other appropriately sized barrier to surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls shall be appropriately disposed of at a disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project construction.

78. The project shall comply with the Low Impact Development (LID) Principles and LID Best Management Practices (BMPs) for Southern California.

Conditions of Approval for PPD No. P22-004 Page 11 of 14

79. Applicant shall require that all construction equipment is properly maintained with operating mufflers and air intake silencers and prioritizes the location of equipment staging and storage as far as practical from the existing residential unit south of the site, respectively.

80. The applicant must complete, if applicable, and submit the following to Public Works:
a. Anything greater than 5:1 slope will require fencing. b. Water, sewer, storm drain improvements will be required. c. A minimum 2 street trees will be required per home.
d. LMD and Street Light Maintenance District annexation. e. C & D ordinance applies.

81. Prior to issuance of grading permits, the applicant shall submit a photometric plan and final lighting plan to City staff showing the exact locations of light poles and the proposed orientation and shielding of all light fixtures to prevent glare onto existing and potential future development surrounding the Project Site.

82. All additional drainage due to development shall be mitigated on-site, no cross lot drainage will be allowed unless suitable easements are provided. A Water Quality Management Plan is required to address on-site drainage construction and operation.

83. All necessary precautions and preventive measures shall be in place in order to prevent material from being washed away by surface waters or blown by wind. These controls shall include at a minimum: regular wetting of surface or other similar wind control method, installation of straw or fiber mats to prevent rain related erosion. Detention basin(s) or other appropriately sized barrier to surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls shall be appropriately disposed of at a disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project construction.

84. LED Street light locations shall be approved by the City of Loma Linda. Streetlights shall be installed and energized prior to release for occupancy for any houses.

85. "Record Revisions" or “As-Builts” shall be made to all plans to reflect the changes to the improvements as constructed.

86. The subdivision shall be provided with a covenant establishing an architectural review committee to maintain the architectural integrity of the buildings.

87. The applicant shall design public improvements including sidewalk, drive approaches and handicap ramps in accordance with all requirements of the State of California Accessibility Standards, Title 24 California Administrative Code.

88. Public utility easements shall be dedicated to cover all utilities either by map or separate document.

89. Sewage system shall be provided by City of Loma Linda.

90. City of Loma Linda shall be the water and sewer purveyor.

Conditions of Approval for PPD No. P22-004 Page 12 of 14

91. Applicant must provide utilities and design improvements such that all existing and proposed utilities are underground and meeting city specifications, including location, distance and separation requirements, and away from driveways and trees.

92. Applicant shall pay for the relocation of any power poles or other existing public utilities as necessary.

93. All fire hydrants and their distribution mains shall be made part of the Public System.

94. Water mains, fire hydrants, services and meters shall be sized and installed to City of Loma Linda standards and as shown on the approved utility plans for the development. These utilities shall be public and constructed within public right-of-way or public utility easements. Submit plans for review and approval.

95. Improvement plans shall include all connections and locations to the City mains for on-site irrigation, including all meter and backflow prevention devices. A non-potable irrigation system shall be installed for all separate right-of-way landscaping.

96. Applicant shall provide a storm drain system prior to issuance of Certificate of Occupancy.

97. No commencement of public street work shall be permitted, except rough grading, until dedication for that street has been recorded. The applicant shall obtain a permit prior to any construction within the City's right-of-way.

98. Any abandoned wells on the property or similar structures shall be destroyed in a manner approved by the Public Works Department in accordance with the State of California Department of Health Services or other appropriate oversight agency.

99. All underground structures, except those desired to be retained, shall be broken in, backfilled, and inspected before covering.
100. Should future/subsequent project construction require soil excavation or filling in certain areas, soil sampling may be required. If soil is contaminated, it must be properly disposed.

Land Disposal Restrictions (LDRs) may be applicable to such soils. Soil sampling shall also be conducted on any imported soil.
101. Applicant shall comply with the prevailing City standards and requirements at the time of construction.
102. Construct street improvements (including, but not limited to curb and gutter, asphalt concrete pavement, aggregate base, sidewalk, one drive approach per lot, and street lights) on all interior streets.
103. Provide adequate corner sight distance per Caltrans standards at intersection and submit verification of same to the Public Works Department as required in conjunction with plan checking of the street improvement plans.
104. All street names coordinated with the Street Naming Committee, including the Historical Commission.
105. Developer shall install improvements (including off-site) to transition traffic and drainage flows from proposed to existing.
106. Install street name signs and traffic control signs with locations and types approved by the Public Works Department.

Conditions of Approval for PPD No. P22-004 Page 13 of 14 107. Stripe and sign for bike lanes for roadway designated by the City for bike lanes. 108. Comply with state law regarding waste management and the City’s Refuse Collection, Recycling and Disposal Ordinance.
109. The project shall form and join the Landscape Maintenance District (LMD). The developer develops scope of service and submits to Public Works for approval. The formation of an LMD involves the annexation of the subdivision territories benefiting from the LMD improvements.
110. All areas to be landscaped in front of project boundary walls, within traffic medians, along project street frontages and on major slopes annexed to the City's Landscape Maintenance District in accordance with City policy.
111. Pay appropriate fees for plan check, inspection, GIS map plan update, and microfilming and storage of maps and plans, and other required fees.
112. Submit the City form for the agreement for construction of improvements with the City of Loma Linda.
113. All studies required within these conditions require a deposit to cover the cost of the review of the studies. Additional deposits may be required or a refund issued when the costs do not match the deposits.
114. Prior to requesting a final inspection for release of securities, applicant must submit record drawings, certifications, final soils report, and a digital file of record drawings to the Department.
115. Prior to occupancy applicant must complete all improvements per the accepted plans and approved conditions, and obtain acceptance for the improvements from the City. 116. Prior to the issuance of a certificate of occupancy applicant must purchase and install all domestic water meters for the entire project. Meter installations require inspection and approval by the Water Division (Public Works Department). 117. Applicant must install root barriers, adjacent to back side of sidewalk, when planting on-site tree(s) within 10 feet from the public rights-of-way and public sidewalk.

PLANNING COMMISSION CONDITIONS
On December 7, 2022, the Planning Commission reviewed the Precise Plan of Design permit application for the architectural elevations and configuration of the 51 residential lot development. That evening, the five (5) Commissioners voted unanimously in favor of the project. With their approval, they added the following Conditions:
118. Prior to submitting the Final Landscaping Plans during the Plan Check process, the applicant shall work with city staff and revise the plans to indicate additional and alternative types of trees throughout the development, more specifically:

a. Provide a minimum of two (2) types of fast growing trees that will produce substantial shade along the Zanja Trail, public park areas, perimeter, and parkways.

Conditions of Approval for PPD No. P22-004 Page 14 of 14 b. On Mission Road, choose the same types of trees and plant palette to match the street median strip and parkway areas found at the residential development across the road.
119. During the Plan Check process, the applicant shall work with city staff and to find and install an appropriate shade structure with lighting for the mailbox clusters. Place the boxes near shade trees and street lighting. Provide a detail of the shade structure to the Building and Planning Divisions for approval.
120. During the Plan Check process, the applicant shall work with city staff and revise the elevations so the siding, such as stone veneer, wraps and continues around the front and side portions of the structure. There shall be an appropriate designated point of termination such as the back yard fence, a buttress wall, or the utility boxes, if any. If there is no buttress wall or visible termination point, then use foam trim or a similar method for formal termination of the siding.

Applicant/Owner Date
Applicant/Owner Date

END OF CONDITIONS
(see enclosed Mitigation Measure on the follow pages)
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City of Loma Linda / June 2018 Page 88 Mitigation Monitoring and Reporting Program CHAPTER 5.0 – MITIGATION MONITORING AND REPORTING PROGRAM

5.1. INTRODUCTION
The mitigation monitoring and reporting program (MMRP) was prepared to implement the mitigation measures identified in the EIR. CEQA Section 21081.6 requires adoption of a monitoring program when mitigation measures have been identified that would reduce or avoid significant environmental effects.

CEQA requires adoption of a monitoring program for those measures or conditions placed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring program shall be designed to ensure compliance during project implementation. When implemented, environmental effects associated with the development of the proposed Project will be reduced or eliminated.

The MMRP was prepared and contains the following elements:

1. Measures that act to mitigate significant impacts on the environment are recorded with the action and the procedure necessary to ensure compliance.

2. A procedure of compliance and verification has been outlined for each action necessary.

This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported.

3. The MMRP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program.

5.2. RESPONSIBILITIES AND AUTHORITY
The City will be the primary agency, but not the only agency responsible for implementing the mitigation measures. In some cases, the City or other public agency will implement measures. In other cases, the Project applicant will be responsible for implementation of measures and the City’s role is exclusively to monitor the implementation of the measures. In this case, the Project applicant may choose to require the construction contractor to implement specific mitigation measures prior to and/or during construction.

5.3. MONITORING PERSONNEL
The City is responsible for ensuring that the mitigation measures in this Final EIR are implemented.

The City reserves the right to hire technical experts and professional to help in evaluating compliance. These may include but are not limited to biologists, archaeologists and planning professionals.

For impacts related to construction of the proposed Project, the project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMRP are not occurring after written notification has been issued.

If any impacts require long-term monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the Project site and reporting the monitoring results to the City.

HEARING ITEM 1 – ATTACHMENT F
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
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City of Loma Linda / June 2018 Page 89 Mitigation Monitoring and Reporting Program

MITIGATION MONITORING REPORTING PROGRAM
Project: The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Lead Agency: City of Loma Linda Date: June 2018
Mitigation Measures No. / Implementing Acton Responsible for Monitoring
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Agricultural Resources MM 4.1-1: Agriculture: Prior to issuance of the first Building Permit tied to development in the Phase Three Concept Area, the Project Proponent is required to replace, protect or provide a conservation easement to compensate for the loss of acres of Prime Farmland. Prime agricultural land or conservation easement shall be acquired at a 1:1 ratio and made available to an existing farmland trust or comparable organization, or a farmland trust or comparable organization shall verify that it has received sufficient funds to acquire prime agricultural land or a conservation easement over such lands. Proof of such acquisition or conservation easement, in a format and through a source acceptable to the City, shall be provided to the City of Loma Linda Community Development.

City of Loma Linda Community Development Department
Prior to issuance of the first Building Permit
During review of building/grading plans
Proof of acquisition or conservation easement
Air QualityMM 4.2-1: Air Quality: The Project Applicant/Developer for each development implementing phase that includes on-site or off-site roadway improvements shall provide sidewalks within the project boundary and along the off-site roadway improvements.

City of Loma Linda Public Works Department
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.2-2: Air Quality: The Project Applicant/Developer/ Contractor for each development implementing phase shall require and ensure that all building structures meet or exceed 2016 Title 24, Part 6 Standards and meet Green Building Code Standards.

City of Loma Linda Community Development Department
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.2-3: Air Quality: The Project Applicant / Developer / Contractor for each development implementing
City of Loma Linda Community Development
Prior to issuance of building/grading permits;
During review of building/grading plans;
Review of plans; On-site inspection
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phase shall require and install faucets, toilets and showers in the all structures that utilize low-flow fixtures that would reduce indoor water demand by 20% per CalGreen Standards.

Department
Throughout project construction
During construction
MM 4.2-4: Air Quality: The Project Applicant/Developer/ Contractor for each development implementing phase shall require and install water-efficient irrigation systems for all common open space and landscaped trail areas, private open space and landscape areas within multi-family and commercial developments and (to the extent feasible) single-family developments per City requirements.

City of Loma Linda Community Development Department
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.2-5: Air Quality: The Project Applicant/Developer/ Contractor for each development implementing phase shall require and install, to the extent feasible, ENERGY STAR compliant appliances in both commercial uses and residential dwelling units on-site.

City of Loma Linda Community Development Department
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.2-6: Air Quality: The Project Applicant/Developer/ Contractor shall employ a construction waste/debris recycling program to minimize the volume of landfilled construction waste. Commercial, multiple-family residential and seniorhousing residential developments shall require and utilize, to the extent practical, recycling programs that reduces waste to landfills by a minimum of 75 percent (75%) per AB 341.

City of Loma Linda Community Development Department
Throughout construction of project
During construction On-site inspections
MM 4.2-7: Air Quality: The Project Applicant/Developer/ Contractor for each development implementing phase shall require and utilize high-efficiency lighting (such as high pressure sodium or LED lighting), to the extent practical, for on-site buildings and landscape facilities.

City of Loma Linda Community Development Department
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.2-8: Air Quality: The Project Applicant/Developer/ Contractor shall require and install gas hearths wherever hearths are required or incorporated in City of Loma Linda Community Development Department
Prior to issuance of building/grading permits;
During review of building/grading plans;
Review of plans; On-site inspection
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Project buildings and development on-site. Throughout project construction
During construction
MM 4.2-9: Air Quality: The Project Applicant/Developer/ Contractor for each development implementing phase shall require and ensure that 2010 model year diesel haul trucks that conform to 2010 EPA truck standards or newer diesel haul trucks (e.g., material delivery trucks and soil import/export) and off-road diesel-powered construction equipment that meets or exceeds the CARB and USEPA Tier 4 off-road emissions standards for equipment rated at 50 horsepower or greater are used during construction, as feasible.

City of Loma Linda Community Development Department
Throughout construction of project
During construction On-site inspections
Biological Resources MM 4.3-1: Biological Resources: Oak Woodland. In accordance with the City of Loma Linda General Plan to conserve oak woodland a minimum of 3 acres of oak woodland shall be preserved in perpetuity. An Oak Woodland Protection Plan shall be developed prior to development of the Phase Three Concept Area. A copy of the Oak Woodland Protection Plan, prepared by a qualified biologist, shall be submitted to the Community Development Director at the time grading or building plans are submitted for approval and permits. The Oak Woodland Protection Plan will include the following items:  Responsibilities and Qualifications of the Personnel to Implement and Supervise the Plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that would supervise and implement the Plan shall be specified.  Site Selection. The location of the 3-acre protected oak woodland shall be clearly identified. Additionally, individual tree locations within the 3-acre preserve shall be identified.  Site Preparation and Planting Implementation. Site preparation shall include: (1) protection of existing trees, (2) trash and weed City of Loma Linda Community Development Department; Qualified Biologist Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
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removal, (3) native species salvage and reuse (i.e., duff), (4) signage installation at strategic locations to keep pedestrians on designated trails, and (5) selection and protection of naturally recruited oak trees.  Maintenance Plan/Guidelines. The Maintenance Plan shall include: (1) weed control, (2) herbivory control, (3) trash removal, and (4) seedling/sapling protection.  Monitoring Plan. The Monitoring Plan shall include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring and (3) annual reports which shall be submitted to the Community Development Director for five years.  Long-Term Preservation. Long-term preservation of the site shall ensure the mitigation site is not impacted by future development. A performance bond shall be secured prior to implementation of the plan and the site shall be preserved as open space in perpetuity. The prepared plan will be submitted to the Community Development Director for final approval prior to ground disturbance. related to implementation of any Phase Three Concept Area project activities. The Plan will then be implemented within one year of the completion of rough grading activities.MM 4.3-2: Biological Resources: Focused Special Status Plant Surveys and Mitigation Plan. Prior to brush clearance and/or ground disturbance related to implementation of any Phase Three Concept Area project activities, focused surveys for special status plants shall be conducted within the project survey area. Surveys will be conducted in accordance with current California Native Plant Society (CNPS) protocol and will occur during the appropriate time of year. The Survey Report shall be submitted to the City for review. If special status plant are present and would be impacted by the project, the Project Applicant shall prepare and implement a City of Loma Linda Community Development Department; Qualified Biologist Not Applicable. Mitigation completed
Submittal of survey report
Review of survey report
Mitigation completed
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Special Status Plant Species Mitigation Plan and it shall specify the following: (1) procedures for the collection and temporary storage of seed (all available seed from every impacted occurrence shall be collected); (2) planting procedures, including soil preparation and irrigation; (3) a schedule and action plan to maintain and monitor enhanced, restored, and/or created populations; (4) methods to control plant densities (of competing plants) to promote the establishment of the particular special status species; and (5) a list of City-approved success criteria (e.g., germination rates, growth, plant cover) to compare to the density of existing populations. The Project Applicant shall develop the Special Status Plant Species Mitigation Plan and the City shall approve it prior to brush clearance and/or ground disturbance related to implementation of any Phase Three Concept Area project activities. Adoption of this plan shall be used as the performance standard. The Plan shall identify an appropriate entity to manage any open space areas utilized for mitigation purposes if applicable. A long-term management plan shall also be developed which will be implemented by the long-term management entity. Potential land management entities include the Nature Conservancy, the City of Loma Linda, or the County of Riverside. Any other management entities that may be identified would be subject to approval by the City. The City of Loma Linda shall be named as an enforcing party on any conservation easement or land dedication agreement to ensure compliance with any restrictions or required land management actions associated with the open space areas. MM 4.3-3: Biological Resources: Nesting Birds. It is recommended that all project-related construction activities be scheduled outside of the avian nesting season (February 15–August 15). If construction must occur during the nesting season, a nesting bird survey of the proposed construction area and a minimum 150-foot radius extending around that City of Loma Linda Community Development Department; Qualified Biologist Prior to grading and site preparation
Prior to commencing construction
Review of nesting bird survey
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area will be conducted within 3 days prior to the beginning of construction activities. A copy of the nesting bird survey shall be submitted to the Community Development Director prior to the start of any clearance and construction activities. If nesting birds are found within the nesting bird survey area, then construction activities, including vegetation clearing and encroachment by heavy equipment, would not occur until it is verified by a qualified biologist that young birds have fledged the nest(s) and nesting is completed. This measure shall apply for each development construction phase for the Citrus Trails Master Plan and Tract Map No. 18990 Project. MM 4.3-4: Biological Resources: Burrowing Owls. A take avoidance survey should be conducted no more than 14 days prior to the initiation of ground disturbance and a final survey should be conducted within 24 hours prior to ground disturbance to determine if burrowing owl (Athene cunicularia) occupies the development construction area. A copy of the nesting bird survey shall be submitted to the Community Development Director prior to the start of any clearance and construction activities. If surveys determine that burrowing owls occupy the site, a burrowing owl mitigation plan shall be prepared and implemented, subject to approval by the California Department of Fish and Wildlife (CDFW) before any ground disturbance commences. This measure shall apply for each development construction phase for the Citrus Trails Master Plan and Tract Map No. 18990 Project.

City of Loma Linda Community Development Department; Qualified Biologist Prior to grading and site preparation
Prior to commencing construction
Review of nesting bird survey
MM 4.3-5: Biological Resources: Pre-construction Bat Roost Habitat Assessment. A qualified Biologist shall conduct a field survey no earlier than 20 days prior to any brush clearance and/or ground disturbance related to implementation of any Phase Three Concept Area project activities that would occur during the breeding season (i.e., April 1 through City of Loma Linda Community Development Department; Qualified Biologist Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
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August 31) of native bat species that potentially utilize the site.. This should be done to determine if active roosts of special status bats (such as pallid bat) are present in the applicable habitats on the site (e.g. woodlands). If active roosts are found, construction within 200 feet shall be postponed or halted until the roost is vacated and juveniles are self-sufficient, as determined by the Biologist. Cultural Resources MM 4.4-1: Cultural Resources: Prior to beginning any vegetation clearance (including citrus trees), site preparation, grading or building demolition, an Archaeological Monitoring Program shall be developed and implemented to address all ground disturbance and earthmoving activities. The Archaeological Monitoring Program shall be submitted to the Community Development Director and Public Works Director for approval. Preparation and implementation of this Monitoring Program shall be conducted by trained professionals with backgrounds in both historic and prehistoric archaeological resources. The Monitoring Program shall include provisions for the coordination of onsite monitoring with local Native American groups who request to participate, including requests for government-to-government consultation. The Monitoring Program shall include procedures for regularly documenting and reporting the monitoring activity. Any resources recovered shall be documented in a technical report and supplemented with all necessary data to understand and interpret the findings. The Archaeological Monitoring Report shall include procedures for the final disposition of all artifacts and other cultural materials discovered in the Project area after appropriate analyses are carried out and the technical reports completed. Disposition plans should be made in consultation between the City of Loma Linda, San Manuel Band of Mission Indians (SMBMI) and other consulting tribe(s), as appropriate. All artifacts shall be City of Loma Linda Community Development Department; Qualified Archeologist Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
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prepared for curation with the City, Historical Society, or County Museum (or equivalent acceptable repository). MM 4.4-2: Cultural Resources: Prior to issuance of a demolition permit and/or prior to beginning any demolition of structures, an archaeological monitoring program shall be developed and implemented to address demolition of the existing structures at 10684 and 10852 California Street and the converted garage at 26300 Mission Road. Preparation and implementation of this Monitoring Program shall be conducted by trained professional with backgrounds in historic archaeology and architectural history. The Monitoring Program shall be submitted to the Community Development Director and Public Works Director for approval. Procedures under this monitoring shall include photo-documentation and recording of architectural elements that have not yet been identified, including interior alterations or conditions. Updated site forms shall be prepared for each site.

City of Loma Linda Community Development Department; Qualified Archeologist Prior to issuance of demolition permit; Throughout project construction Prior to beginning any demolition of structures; During construction Review of plans; On-site inspection
MM 4.4-3: Cultural Resources: The Frink Adobe shall be
preserved in place, if feasible. It shall be fully documented and a maintenance plan developed to protect it from any future adverse impacts. If it is not feasible to leave the Adobe in situ, the structure shall be relocated to the nearby Heritage Park and restored. The structure shall not be demolished. In either case, prior to general disturbance in the immediate area and/or any issuance of any relocation permit, the residence shall be recorded via an Historic American Building Survey (HABS) document. The HABS documentation should include, but not be limited to: digital photography to document the residence, interior and exterior; architectural drawings detailing the residence plans and profiles; preparation of a HABS report with all supporting documentation; and monitoring, as needed, for relocation activities.

City of Loma Linda Community Development Department; Qualified Archeologist During Construction Prior to
preservation or relocation of Frink Adobe residence (26248 Mission Road).

Review of plans; On-site inspection
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MM 4.4-4: Cultural Resources: Prior to issuance of a
demolition permit and/or prior to beginning any demolition of the Frink Ranch Structures, a salvaging plan shall be developed and implemented to address, if feasible, salvaging a portion of the buildings for relocation to Heritage Park. The salvaging plan shall be submitted to the Community Development Director and Public Works Director for approval. Prior to salvaging and/or demolition, the structures shall be fully documented and photographed.

City of Loma Linda Community Development Department; Qualified Archeologist Prior to issuance of demolition permit; Throughout project construction Prior to beginning any demolition of structures; During construction Review of plans; On-site inspection
MM 4.4-5: Cultural Resources: The Van Leuven Residence
shall be preserved in place, if feasible. If it is not feasible to leave the Van Leuven Residence in situ, the structure shall be relocated to the nearby Heritage Park. In either case, prior to general disturbance in the immediate area and/or any issuance of any relocation permit, the residence shall be recorded via an Historic American Building Survey (HABS) document. The HABS documentation should include, but not be limited to: digital photography to document the residence, interior and exterior; architectural drawings detailing the residence plans and profiles; preparation of a HABS report with all supporting documentation; and monitoring, as needed, for relocation activities.

City of Loma Linda Community Development Department; Qualified Archeologist During Construction Prior to
preservation or relocation of Van Leuven residence (26100 Mission Road).

Review of plans; On-site inspection
MM 4.4-6: Cultural Resources: As part of normal field
procedures, if suspected human remains are encountered during site activity, all work in the area shall cease and the San Bernardino County Coroner’s Office shall be contacted immediately.

Applicant/Contractor; County Coroner; Qualified Archaeologist During grading and site preparation
In the event of the discovery of human remains
On-site inspection
MM 4.4-7: Cultural Resources: Prior to issuance of a grading permit for grading activities expected to exceed five feet in depth, a paleontological monitoring program shall be developed and implemented. Preparation and implementation of this Monitoring Program shall be conducted by qualified paleontologists.

Applicant/ Contractor; City of Loma Linda Community Development Department; During grading and site preparation
In the event archeological artifacts are discovered
On-site inspection
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The Monitoring Program shall be submitted to the Community Development Director and Public Works Director for approval. Procedures under this monitoring shall include the following: a) The paleontological monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates; b) The monitor shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens; c) The monitoring program shall be designed to include the preparation of recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates; d) The monitoring program shall be designed to include identification and curation of specimens into a museum repository with permanent retrievable storage. The paleontologists shall have a written repository agreement in hand prior to the initiation of mitigation activities; e) A report of findings shall be prepared by a qualified paleontologist which includes an appended itemized inventory of specimens. The report and inventory, when submitted to the appropriate agency, shall signify completion of the program to mitigate impacts to paleontological resources.

Qualified Archeologist
MM 4.4-8: Cultural Resources: At the request of the
Consulting Tribes, all monitoring of vegetation clearance, ground disturbance and grading for each development project in the Phase Three Concept Area and off-site improvements shall be conducted by a full-time archaeological monitor/archaeologist meeting the Secretary of Interior (SOI) qualifications and a Native American/Tribal monitor representing the Consulting Tribes. It is intended that: 1) Archaeological and Tribal Monitors will work as a team during any type of ground-disturbance activity including removal of citrus trees and irrigation system equipment as well as during demolition, Applicant/ Contractor; City of Loma Linda Community Development Department; Qualified Archeologist During grading and site preparation
In the event archeological artifacts are discovered
On-site inspection
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 99 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date /
Initials
grading, excavation, trenching, compaction, fence installations, and plantings. Unless specifically waived by the Lead Monitor, one team of monitors will be utilized for each piece of active heavy equipment or location of hand excavation unless activities are within 50 meters of each other. This is to ensure that simultaneously occurring activities will have adequate monitoring. 2) Native American Monitor(s)/Tribal Participant(s) shall be approved in advance by the Consulting Tribes. 3) The Applicant/Developer for each development project shall outreach and contact the Consulting Tribes to facilitate and communicate with them to develop a mutually coordinated Tribal Monitoring Agreement or Guidelines. The Tribal Monitoring Agreement or Guidelines shall be included in the Archaeological Monitoring Program submitted to the City for review and approval (as per EIR mitigation measure MM 4.4-1). MM 4.4-9: Cultural Resources: In the event of the discovery of human remains and/or funerary objects, at the request of the Consulting Tribes and consistent with State protocol, the Developer/Contractor shall: a) Cease all work within the immediate area of the discovery of the remains; b) Create a barrier (temporary fence or flagging) within a 100-ft radius of the discovery; establish an Environmentally Sensitive Area (ESA); and post no-entry signs at the perimeter of the ESA until assessment is carried out by the Coroner; c) The City of Loma Linda and the applicant/developer will immediately contact the Coroner, the Consulting Tribes; d) Should the human remains be determined by the Coroner to be of Native American origin, the Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. The Most Likely Descendant (MLD) identified by the NAHC will be notified (under California Public Resources Code § 5097.98) and make the decisions about the treatment of the human remains or funerary objects within 24 hours of notification by either the developer or the NAHC. The MLD will consult with Applicant/ Contractor; County Coroner; City of Loma Linda Community Development Department; Qualified Archeologist During grading and site preparation
In the event of the discovery of human remains and/or funerary objects On-site inspection
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 100 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
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Method of
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the applicant/developer/landowner regarding the final appropriate disposition of the human remains or funerary objects.; e) The discovery area and the human remains and accompanying materials will be treated with appropriate dignity and respect; f) The MLD may wish to rebury the human remains and/or associated funerary objects, as close to the place of their discovery as possible in an area that will not be subject to future disturbances. The place(s) of reburial will not be disclosed by any party and is exempt from the California Public Records Act (California Government Code §6254[r]). MM 4.4-10: Cultural Resources: In the event of the discovery of archaeological Cultural Resources or Tribal Cultural Resources on the ground surface or in subsurface contexts during the development/ construction of any development project in the Phase Three Concept Area, consistent with the request of the Consulting Tribes and as required for the Archaeological Monitoring Report (as per EIR mitigation measure MM 4.4-1), the Developer/Contractor shall: a) Cease all work within the immediate area of the discovery b) Create a barrier (temporary fence or flagging) within a 50-ft radius of the discovery; establish an Environmentally Sensitive Area (ESA), and post no-entry signs until the discovery can be assessed by a Secretary of the Interior (SOI) qualified archaeologist. As determined appropriate by the Lead Archaeological/Tribal Monitors, Consulting Tribes (as appropriate) may be notified; c) The ESA barrier will remain in place and entry controlled until assessment by a SOI-qualified archaeologist is completed, a Treatment Plan developed and carried out, and any Data Recovery is completed.

Applicant/ Contractor; City of Loma Linda Community Development Department; Qualified Archeologist During grading and site preparation
In the event archeological artifacts are discovered
On-site inspection
MM 4.4-11: Cultural Resources: The Applicant/Developer for each development project in the Phase Three Concept Area shall outreach and contact the Applicant/ Contractor; City of Loma Linda Community
Prior to construction Prior to
commencing operations
Review of Plans
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 101 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date /
Initials
Consulting Tribes to facilitate and communicate with them to develop a mutually coordinated Treatment Plan for how to handle/address any Tribal Cultural Resources encountered during ground disturbance or grading. The Treatment Plan shall be included in the Archaeological Monitoring Program submitted to the City for review and approval (per EIR mitigation measure MM 4.4-1).

The Treatment Plan should include a Research Design so that the resource can be evaluated under both the National Historic Preservation Act (NHPA) and the California Environmental Quality Act (CEQA) criteria. If the resource meets any of the NHPA and/or CEQA criteria, and cannot be avoided or preserved in-place, a Data Recovery Plan will be developed, reviewed, and adopted in consultation with all parties. The Data Recovery Plan should include all methods, sampling procedures, and be designed using current “best archaeological practices” to exhaust the research potential of the resources. The Data Recovery Plan for qualified Tribal Cultural Resources should be implemented with the participation and monitoring of the Consulting Tribes (as applicable).

Development Department; Qualified Archeologist
MM 4.4-12: Cultural Resources: On behalf of the Applicant/ Developer/Contractor, and to ensure that work is completed and reported as required, the Archaeological/Tribal Lead Monitors shall ensure the timely delivery to the City of all monitoring and/or follow-up documentation products of the Cultural Resources portion of any development project or related off-site improvement project. Furthermore, the City shall designate that reports of all Cultural Resources work be filed at the appropriate California Archaeological Information Center at the conclusion of each development project in the Phase Three Concept Area.

Applicant/ Contractor; City of Loma Linda Community Development Department; Qualified Archeologist During grading and site preparation
In the event archeological artifacts are discovered
On-site inspection
Noise MM 4.7-1: Noise: For any development implementing phase, construction hours shall be limited to between the
City of Loma Linda Community Development
Throughout construction
Prior to commencing construction
On-site inspection
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 102 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date /
Initials
hours of 7:00 AM and 8:00 PM, Monday through Friday; and avoid heavy construction on weekends and national holidays.

Department
MM 4.7-2: Noise: During all Project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. Use of all construction equipment along the northern project boundary shall be limited to what is only absolutely necessary.

City of Loma Linda Community Development Department
Throughout construction
Prior to commencing construction
On-site inspection
MM 4.7-3: Noise: For any development implementing phase, the Developer/Contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.

City of Loma Linda Community Development Department
Throughout construction
Prior to commencing construction
On-site inspection
MM 4.7-4: Noise: During any development implementing
phase, the Applicant/Developer shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction.

City of Loma Linda Community Development Department
Throughout construction
Prior to commencing construction
On-site inspection
MM 4.7-5: Noise: During any development implementing
phase, the Applicant/Developer shall require that the construction contractor limit haul truck deliveries to the same hours specified for construction equipment.

City of Loma Linda Community Development Department
Throughout construction
Prior to commencing construction
On-site inspection
MM 4.7-6: Noise: Final site planning and building designs for any development implementing phase shall include the following provisions: 1) For residential land uses, proposed along Mission Road, private yards or patio spaces associated with proposed residential uses should be setback and/or shielded City of Loma Linda Community Development Department
Review of construction documents
Prior to issuing grading / building permits
Review of final plans
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 103 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date /
Initials
to ensure noise levels do not exceed 65 dBA CNEL and setbacks and/or upgraded building construction should be utilized to ensure that residential interior noise levels do not exceed 45 dBA CNEL; and 2) For commercial land uses proposed along Redlands Boulevard upgraded construction measures that ensure that interior noise levels at commercial and office land uses do not exceed 55 dBA CNEL should be implemented. Transportation/Traffic MM 4.8-1: Transportation/Traffic: Consistent with Measure V, as mitigation for the potential traffic impacts (including on- and off-site required improvements), the Applicant/Developer shall contribute on a fair share basis, through an adopted traffic impact fee program, in the implementation of the recommended intersection lane improvements or freeway improvements, or in dollar equivalent in lieu mitigation contributions, or in the implementation of additional capacity on parallel routes to offset potential impacts to Congestion Management Program intersections and freeway segments.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits;
During review of building/grading plans;
Review of traffic impact fee program
MM 4.8-2: Transportation/Traffic: The Applicant/Developer shall construct Redlands Boulevard from the west project boundary to the east project boundary at its ultimate half-section width including landscaping and parkway improvements in conjunction with development, as necessary.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-3: Transportation/Traffic: The Applicant/Developer shall construct Mission Road from the west project boundary to the east project boundary at its ultimate half-section width including landscaping, future bus stop pad and parkway improvements in conjunction with development, as necessary.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-4: Transportation/Traffic: The Applicant/Developer shall construct Redlands Boulevard from the west project boundary to the east project boundary at its City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits;
During review of building/grading plans;
Review of plans; On-site inspection
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 104 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date /
Initials
ultimate half-section width including landscaping, future bus stop pad and parkway improvements in conjunction with development, as necessary.

Throughout project construction
During construction
MM 4.8-5: Transportation/Traffic: The Applicant/Developer shall participate in the construction of a left turn lane north and south of Park Avenue as well as north and south of Orange Avenue with a painted two-way left turn median south of the Park Avenue northbound left turn lane and north of the Orange Avenue southbound left turn lane in conjunction with the other project improvements.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-6: Transportation/Traffic: The Applicant/Developer shall participate in the installation of a traffic signal at the California Street and Park Avenue intersection, when warranted. The traffic signal should include an interconnect of the traffic signals to function in a coordinated system.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-7: Transportation/Traffic: The Applicant/Developer shall participate in the installation of a traffic signal at the California Street and Citrus Avenue intersection, when warranted. The traffic signal should include an interconnect of the traffic signals to function in a coordinated system.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-8: Transportation/Traffic: The Applicant/Developer shall participate in the installation of a traffic signal at the California Street and Orange Avenue intersection, when warranted. The traffic signal should include an interconnect of the traffic signals to function in a coordinated system.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-9: Transportation/Traffic: The Applicant/Developer shall participate in the construction of roadway segments from California Street and Orange Avenue to Earp Drive and Mission Road to reroute local traffic volumes from the existing southcentral portion of Mission Road, and terminate the existing Mission Road roadway segment east of Earp Drive.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
The Groves at Loma Linda Specific Plan and Phase Three Concept Area Project Final EIR with Responses to Comments
SCH #2018021064
City of Loma Linda / June 2018 Page 105 Mitigation Monitoring and Reporting Program Mitigation Measures No. / Implementing Acton Responsible for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date /
Initials
MM 4.8-10: Transportation/Traffic: The Applicant/Developer shall construct and maintain primary and secondary access roadways in conjunction with development prior to the opening of the phase which it services.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-11: Transportation/Traffic: On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-12: Transportation/Traffic: Sight distance at the project accesses should be reviewed with respect to California Department of Transportation/City of Loma Linda standards in conjunction with the preparation of final grading, landscaping, and street improvement plans.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection
MM 4.8-13: Transportation/Traffic: If development of the Phase Three Concept Area precedes development of the Phase Two Concept Area in construction timing, the following items will be included in the improvement requirements: ”The Applicant/Developer shall construct California Street from the north project boundary to the south project boundary at its ultimate half-section width including landscaping, future bus stop pad, bike route and parkway improvements in conjunction with development, as necessary.

City of Loma Linda Department of Public Works
Prior to issuance of building/grading permits; Throughout project construction During review of building/grading plans; During construction Review of plans; On-site inspection

STREET SCENE
12/07/22
#21113

GOLD CREST LOMA LINDA, CA AT THE

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 2
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: January 10, 2023
TO: City Council
SUBJECT: Demands Register

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

Approved/Continued/Denied
By City Council
Date _________________

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 3
City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: January 10, 2023
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: December 2022 Treasurer’s Report

RECOMMENDATION
It is recommended that the City Council receive the report for filing.

Approved/Continued/Denied
By City Council
Date _________________

DEMAND DEPOSIT ACCOUNTS

CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 2,843,666.70 Outstanding Checks as of month-end (1,138,172.07)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,705,494.63 $ BANK OF AMERICA - PAYROLL $ 3,255.22
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 37,988.11 Outstanding Checks as of month-end (2,896.50)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 35,091.61 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 1,278,972.82 Outstanding Checks as of month-end (4,845.00)
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 1,274,127.82 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 3,017,969.28
YIELD

LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 2.173% $ 50,061,855.53
CITY - Former RDA Bond Proceeds 2.173% 1,193,362.58
CITY -Total 51,255,218.11
SUCCESSOR RDA 2.173% 1,350,854.23
HOUSING AUTHORITY 2.173% 1,313,298.33
INVESTMENTS TOTALS $ 53,919,370.67

OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 56,939,189.95
52,451,960.00
.
$ 4,487,229.95

PREVIOUS MONTH
CHANGE +/(-)
All investments are in accordance with the City Investment Policy, and as such, sufficient funds are available to meet the cash flow requirements of Loma Linda, including the next thirty days' obligations.

Treasurer
December 2022

CITY OF LOMA LINDA

COMPOSITION OF CASH

INVESTMENTS
-
10,000,000.00 20,000,000.00 30,000,000.00 40,000,000.00 50,000,000.00 60,000,000.00 12/21 1/22 2/22 3/22 4/22 5/22 6/22 7/22 8/22 9/22 10/22 11/22 12/22

CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 12/21-12/22

CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 4

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 5

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 6
City of Loma Linda
Official Report
CITY COUNCIL AGENDA: January 10, 2023
TO: City Council
Rhodes Rigsby, Mayor
John Lenart, Mayor pro tempore
Ovidiu Popescu, Councilman
Phillip Dupper, Councilman
Ronald Dailey, Councilman
Approved/Continued/Denied
By City Council
Date _______ _
FROM:

VIA:

Jennifer Pearsall, Human Resources/Ri�anagement Analyst C½ T. Jarb Thaipejr, City Manager -r .. 1, (,
SUBJECT:

RECOMMENDATION
Council Bill R-2023-01 - A Resolution of the City Council of The City of Loma Linda, California, Establishing the New Salary Table for Employees Effective January 1, 2023.

It is recommended that the City Council approve Council Bill R-2023-01, adopting and establishing the new salary table for employees effective January 1, 2023.

BACKGROUND
California Code of Regulations, Title 2, Section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule at a public meeting.

On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from 7 /1/21-6/30/22, under Labor Code section 1182.12( c )(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour (regardless of the number of workers employed by an employer). The proposed Resolution provides for salary increases for affected hourly classification to ensure compliance with the upcoming State of California mandated minimum wage increase.

FINANCIAL IMP ACT
The upcoming State of California mandated minimum wage increase will impact two (2) employees in the Student Intern classification. Part-time employees are limited to work, on average, no more than twenty-nine (29) hours per week. The increase in salary for the affected employees is estimated to be $696.00 annually.

Attachment- Exhibit "A": 2023 - 2024 Salary Table All Units Revised 12-13-2022 RESOLUTION NO. R-2023-01

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

CALIFORNIA, ESTABLISHING THE NEW SALARY TABLE FOR EMPLOYEES EFFECTIVE JANUARY 1, 2023.

WHEREAS, the City of Loma Linda ("City") contracts with the California Public Employees' Retirement System ("CalPERS") to provide retirement benefits for its employees; and
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and WHEREAS, the pay schedule must identify each position by title, the individual pay rate amount or ranges for that position, and the time base upon which the amounts are based; and
WHEREAS, the City of Loma Linda desires to establish a new salary table for employees, due to the State of California mandated minimum wage increase, effective January 1, 2023; and

NOW THEREFORE, BE THE LOMA LINDA CITY COUNCIL DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: This Resolution shall take the place of all existing Resolutions or orders of the City Council as they relate to the subject matter contained herein. However, in no event shall this Resolution rescind, supersede, alter or in any way, regarding subject matter that is not contained in this Resolution. In the event that any provision of this Resolution is in conflict with an employment contract of an unrepresented and/or unaffiliated City employee, the applicable employment contract shall supersede and govern the City's policies and practices with regard to that particular employee.

Section 2: The pay schedule for all employees of the City, which shall be effective January 1, 2023, is hereby updated in the Salary Table, attached hereto as Exhibit A.

Section 3: The pay schedule contained in the Salary Table in Exhibit A is hereby adopted and will be made available for public viewing via the City website for no less than five ( 5) years.

PASSED, APPROVED AND ADOPTED by the City Council of Loma Linda, California this 10th day of January, 2023, by the following vote:

AYES:

ABSENT:

NOES:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 7
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: January 10, 2023
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: Approve a three year preferred partnership with California Baptist University

RECOMMENDATION
It is recommended that the City Council approve a memorandum of understanding to enter into a three year preferred partnership with California Baptist University (CBU).

BACKGROUND
The City would like to encourage employees to further their education and assist them in their personal and professional growth. The current City’s Memorandum of Understanding (MOU) includes an education reimbursement for full time miscellaneous employees and a flat rate monthly amount for safety employees for post-secondary education and training classes. CBU is a private university located in Riverside California that offers accelerated degree completion programs through online, in-person or hybrid courses. They also offer a zero cost partnership with businesses that makes available 10-30% tuition scholarships and free application process to their full and part-time employees.

ANALYSIS
The three year preferred partnership, if approved by City Council, will provide City employees an additional incentive to obtain an undergraduate, graduate or doctorate degree with a 10% tuition scholarship (or 30% if attending full time and virtually) as well as having application fees waived.

Admission and acceptance into the CBU program is solely the employees responsibility and based on CBU’s admission requirements and processes. If approved and the contract is signed by the City Manager, CBU will add the City of Loma Linda to the Preferred Partnership website where employees can see the program guidelines and begin their application process. The scholarships cannot be combined with institutional scholarships or grants and cannot be used towards CBUs Registered Nursing (RN) or Bachelor of Science in Nursing (BSN) program.

ENVIRONMENTAL IMPACT
None
Approved/Continued/Denied
By City Council
Date _________________

FINANCIAL IMPACT
The City will not incur additional financial obligation through this partnership agreement.

Attachment A – Memorandum of Understanding
Attachment A

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 8

GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users;
WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Advanced Search” means the provision of Services, via the web interface using Flock’s software applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.

1.2 “Agency Data” means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.3 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.

1.4. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.6 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.7 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.

1.8 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.9 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.

1.10 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.

1.11 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.12 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.13 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.14 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.

1.15 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.17 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.

1.18 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.19 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined below.

1.20 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.

1.21 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.22 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.23 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.24 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.25 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.

1.26 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.

1.27 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.

1.28 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.

1.29 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.

1.30 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the Web Interface.

Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.

2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.

2.5 Usage Restrictions.

2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware.

Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency’s account (“Service Suspension”). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.

2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow.

Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location.

If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.

2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”). Flock will use commercially reasonable efforts to respond to requests for support.

Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.

2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees:
(i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data.

This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.

4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a nonexclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.

5. PAYMENT OF FEES

5.1.1 Software Product Fees. For Order Forms listing Wing Suite, Advanced Search and other software-only products, Agency will pay Flock the fees for the Initial Term (as described on the Order Form attached hereto) on or before the 30th day from the date of invoice. For any Renewal Terms, Agency shall pay invoice on or before the 30th day from the date of renewal invoice.

5.1.2 Hardware Product Fees. For Order Forms listing Falcon, Sparrow, Raven and Falcon Flex products, Agency will pay Flock fifty percent (50%) of the fees for the Initial Term as set forth on the Order Form on or before the 30th day from date of invoice. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following date of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following date of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For any Renewal Terms, Agency shall pay the total invoice on or before the 30th day from the date of renewal invoice.

5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms by providing sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

6. TERM AND TERMINATION

6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party.
b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware.
d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.

6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. Agency’s termination of this Agreement for Flock’s material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2.

6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business.

Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2,

8.3, 8.4, 9.1 and 9.6.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.

7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND

ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY

SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES

SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR

OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR

CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL

ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F)

FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER

CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE

LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER

SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.

9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.1 or this Agreement.

10. MISCELLANEOUS

10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.

10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.

10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.

Flock shall at all times be and act as an independent contractor.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:

ADDRESS:
/FlockAgencyNoticeAddress1/
ATTN: /FlockAgencyNoticeAttention1/
EMAIL: /FlockAgencyNoticeEmail1/

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 9

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 10
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: January 10, 2023
TO: City Council
FROM: T. Jarb Thaipejr, City Manager
SUBJECT: Designation of delegate and alternate to participate in the Southern California Association of Government (SCAG) General Assembly, May 4- 5, 2023, Palm Desert, CA

RECOMMENDATION
The Southern California Association of Government (SCAG)'s General Assembly will be held May 4-5, 2023 in Palm Desert, CA. Each year member cities select a delegate and alternate to participate. The delegate and alternate(s) (if attending in place of the delegate) are also required to submit a FPPC Form 700 Statement of Economic Interest to the SCAG office.

Approved/Continued/Denied
By City Council
Date _________________