Agenda packet — Loma Linda City Council, April 11, 2023

CITY OF LOMA LINDA

CITY COUNCIL AGENDA
REGULAR MEETING OF APRIL 11, 2023
7:00PM
A regular meeting of the City Council of the City of Loma Linda is scheduled 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

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A. Call To Order
B. Roll Call
C. Closed Session/Workshop
D. Invocation and Pledge of Allegiance – Councilman Lenart (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. Proclamations:
a. World Wish Day
b. Child Abuse Prevention Month
c. Donate Life Month
d. Ronald McDonald House Walk for Kids

2. Public Hearing – Council Bill #R-2023-04, a resolution to adopt Appendix G and H in the Development Impact Fee Calculation Update and Nexus Report, and, Council Bill #R2023-05, an urgency resolution to establish the fees listed in Appendix G immediately [Community Development]:
a. Council Bill #R-2023-04 - A Resolution to adopt Appendix G and H in the Development Impact Fee Calculation Update and Nexus Report (adopted June 14, 2022); Appendix G lists the impacts fees pertaining to the San Bernardino County Transportation Authority circulation related projects and Appendix H includes the Findings in support of continuation of the city policy to impose residential development impact fees on a per unit basis rather than square footage; and
b. Council Bill #R-2023-05 - An urgency Resolution to establish the development impact fees listed in Appendix G immediately upon its approval. It shall become effective immediately and for 30 days unless extended by the City Council for an additional 30 days

3. Public Hearing - Consideration of the Canyon Ranch Annexation and Subdivision project applications and supporting CEQA documents [Continued to May 9, 2023] [Community Development]
a. ADOPT the Mitigated Negative Declaration FOR Canyon Ranch annexation and subdivision request;
b. ADOPT the Mitigation Monitoring Reporting Program;
c. ADOPT Council Bill #R-2023-06 a Resolution to approve a General Plan Amendment (GPA No. P21-073) to change the current land use designation of four (4) Commercial City Council Agenda

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designated lots to Low Density Residential (R-1, 0 to 4 du/ac) lots within the 141-acre annexation area;
d. ADOPT the Ordinance to approve a Zone Change (ZC No. P21-074) to change the current pre-zone of four (4) General Commercial zoned lots to Low Density Residential (R-1, 0 to 4 du/ac) lots within the 141-acre annexation area; e. APPROVE an Annexation Application (ANX No. P21-072) to annex the entire 141-acre Project area into the City of Loma Linda, including service for water and sewer;; and f. APPROVE Tentative Tract Map 20403 (TTM No. P21-075), a 10.96-acre subdivision for the construction of 37 single-family residential units and one (1) lettered lot, and Tentative Tract Map 20404, a 55.72-acre subdivision for the construction of 89 residential units and two (2) lettered lots. Both maps will include lettered lots for drainage as well as site and infrastructure improvements. The request also includes the vacation of the extension of Bermudez Street to San Timoteo Canyon Road and will end Bermudez Street as a cul-de-sac; and
g. APPROVE Variance Request No. P23-038, seeking relief from Sections 17.14.100 and

17.14.110 of the Municipal Code, which will allow the block wall at all indicated corner lots to encroach 15’ into the street-side setback and be located on the property line and to allow the vinyl fencing to exceed the reverse corner lot height limit of 5 feet to 5 feet,-6 inches as shown on the Preliminary Landscaping Plans.

4. Public Hearing - Minor Use Permit No. P22-251 and Precise Plan of Design Application No.

P22-253 for a refuse/recycle incidental facility that will be incidental to the Loma Linda University Medical Center [Community Development]
a. DETERMINE that the project is eligible for a Class 1 exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15301(e), which applies to an addition to an existing facility that is 10,000 square feet or less, and all public services are available;
b. APPROVE Minor Use Permit No. P22-251 for the proposed incidental structure for the Loma Linda University Medical Center. The applicant proposes to construct a recycle/refuse facility which is an allowed use pursuant to Loma Linda Municipal Code Section 17.44.020 (Land Use Regulations and Allowable Uses). An approved Minor Use Permit Application is required for incidental structures to primary allowed uses within the Institutional Health Care zone; and
c. APPROVE Precise Plan of Design No. P22-253 to construct a 5,052 square foot refuse/recycle center to house trash compactors and medical waste storage. The site will be enclosed within an eight (8) foot high CMU block wall. The project site is located at the northeast corner of Barton Road and Campus Street, more specifically at 11234 Anderson Street within the Institutional Health Care zone and land use designation.

I. Consent Calendar

5. Demands Registers

6. Minutes – March 14, 2023

7. Treasurer’s Report – March 2023

8. Fire Department’s Activity Report – March 2023

9. Accept as complete and authorize recordation of Notice of Completion for Walking Track construction at Hulda Crooks Park (CIP 22-755), Contractor: BWW & Company, Inc. [Public Works]

10. Award contract to Collins Company to purchase and replace Baseball Field No. 3 Safety Nets in the amount of $14,975.00 [Public Works]
City Council Agenda

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11. Appropriate $869,000.00 from Water Utility Operations Fund Balance into account no. 4387200-58500 and Award contract to MCC Equipment Rentals for Waterline Improvements at Beaumont Ave. and Nevada St. in the amount of $ 859,888.00 (CIP 20-657) [Public Works]

12. Appropriate $85,600.00 from Water Utility Operations Fund Balance into account no. 4657010-58500 and Award contract to GCI Construction Inc., for Replacement of Pressure Reducing Valves and Fittings at Mountain View Ave. in the amount of $185,600.00 (CIP 22- 666) [Public Works]

13. Approve a Supplemental Appropriation of $112,000 from General Facilities Capital Fund - Fund Balance and $169,000 from General Fund - Fund Balance and Award contract to Western Audio Visual & Security for Council Chambers Audio/Visual System Upgrade in an amount of $255,361.21 (CIP 23-856) [Public Works]

14. Award contract to La Rocque Better Roofs, Inc. to replace the roof at the Hinckley House, 25964 Mission Rd. (Heritage Park), in the amount of $56,100.00 [Public Works]

15. Award contract to Facilities Protection Systems (FPS) for the fire protection system at the Hinckley House, 25964 Mission Rd. (Heritage Park, in the amount of $141,794.00 [Public Works]

16. Accept a Grant of Easement for street and utility purposes at 25430 Park Street [Public Works]

17. Approve the Contingency/Emergency Water Supply Sales Agreement between the City of San Bernardino Municipal Water Department and the City of Loma Linda [Public Works] J. Old Business
K. New Business
L. Reports of Councilmen (This portion of the agenda provides City Council Members an opportunity to provide information relating to other boards/commissions/committees to which City Council Members have been appointed).

M. Reports Of Officers (This portion of the agenda provides Staff the opportunity to provide informational items that are of general interest as well as information that has been requested by the City Council).

N. Adjournment

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

PROCLAMATION

WORLD WISH DAY
APRIL 29, 2023
WHEREAS, every 20 minutes, a child is diagnosed with a critical illness and the Make-A-Wish Foundation has a mission to grant the wish of every eligible child; and WHEREAS, for every wish we grant, there are three more children with critical illnesses whose wishes need financial support; and
WHEREAS, Make-A-Wish® Orange County & the Inland Empire celebrates its 40th anniversary of granting over 7,800 wishes to children with critical illnesses in Orange, Riverside, and San Bernardino Counties; and
WHEREAS, “95% of wish alumni felt more hopeful for their future after their wish.” We believe that, just as they have for the last 40 years, wish experiences will continue to play a vital role in a child’s treatment, serve as an encouragement on a family’s journey and provide a source of inspiration for millions of people; and
WHEREAS, “90% of medical professionals said they have observed children increasing their compliance with treatment after learning they would receive a wish.” Wish parents and families see their child’s wish as a turning point in their treatment, giving their child strength and a sense of empowerment. Medical professionals report that a wish is a necessary part of a child’s treatment; and WHEREAS, World Wish Day is a national Make-A-Wish event that commemorates 43 years since our first wish and celebrates our mission of creating life-changing wishes for children with critical illnesses; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda hereby proclaims April 29th as “WORLD WISH DAY” throughout Loma Linda.

SIGNED AND PRESENTED this 11th day of April 2023.

Phillip Dupper, Mayor

PROCLAMATION

CHILD ABUSE PREVENTION MONTH
APRIL 2023
WHEREAS, all children have the right to receive the care, protection and guidance a family provides, to be free from harm, and to have their physical, emotional and educational needs met, State and Federal governments have proclaimed April 2023 as Child Abuse Prevention Month for the purpose of promoting community involvement in the prevention of child abuse; and WHEREAS, nearly 30,000 children in San Bernardino County were referred to Children and Family Services for suspected child abuse and neglect in 2022; and WHEREAS, the Adverse Childhood Experiences (ACE) Study conducted by Drs. Vincent J.

Felitti and Robert F. Anda demonstrates long term health, social, and economic risks that result from childhood trauma; and
WHEREAS, as the prevention of child abuse requires rigorous solutions, energy, strength, determination and commitment from concerned citizens and the entire community, the County of San Bernardino provides services and professionals in the field of child abuse who are dedicated, compassionate and skilled in the prevention of child abuse; and WHEREAS, with the Blue Ribbon as the international symbol for child abuse prevention, the San Bernardino County Children's Network, in partnership with the San Bernardino County Board of Supervisors, the member agencies of the San Bernardino County's Children's Policy Council and Child Abuse Prevention Committee, have planned a Blue Ribbon Media Campaign - the 24th "Annual Shine a Light on Child Abuse" Awards during the month of April to increase awareness of child abuse.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda, does hereby proclaim April 2023 as

CHILD ABUSE PREVENTION MONTH
in the City of Loma Linda and encourage citizens, organizations, schools, nonprofits, businesses, and other entities in the community to engage in activities and events that assist in the efforts to prevent child abuse and provide for children's physical, emotional and developmental needs.

SIGNED AND PRESENTED this 11th day of April 2023.

Phillip Dupper Mayor

DONATE LIFE MONTH PROCLAMATION
WHEREAS, organ, eye, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list, and, on average, 17 people die each day while waiting; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, Latino, and African American communities; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; and
WHEREAS, donation of tissue can save and heal the lives of more than 75 others; and WHEREAS, organ donors saved more than 42,000 lives last year, the most ever; and WHEREAS, any person can register to be an organ, eye and tissue donor regardless of age or medical conditions; and
WHEREAS, being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency; and
WHEREAS, California residents can sign up with the Donate Life California Donor Registry online at any time by visiting www.donateLIFEcalifornia.org or, for Spanish-speakers, www.doneVIDAcalifornia.org; and
WHEREAS, California residents can sign up to be an organ, eye and tissue donor when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles; and WHEREAS, California residents interested in saving a life through living kidney donation may visit www.LivingDonationCalifornia.org.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda does hereby proclaim April 2023 “DMV/Donate Life Month” in the City of Loma Linda. And, in doing so, we encourage all Californians to check “Yes!” online, or when applying for or renewing their driver’s license or I.D. cards at the DMV.

SIGNED AND PRESENTED this 11th day of April 2023.

Phillip Dupper, Mayor

PROCLAMATION

INLAND EMPIRE RONALD MCDONALD HOUSE
2023 WALK FOR KIDS FUNDRAISER
APRIL 30, 2023
WHEREAS, since opening on September 11, 1996, the Inland Empire Ronald McDonald House has served more than 18,000 families and more than 54 families each night; and WHEREAS, the Inland Empire Ronald McDonald House provides a “hone-away-from-home” and invaluable source of comfort and care to families receiving treatment at Loma Linda University Children’s Hospital and other nearby hospitals; and
WHEREAS, the Ronald McDonald Houses are a community where children and their families embrace life and healing with a sense of hope, enthusiasm, courage and joy; and WHEREAS, the Inland Empire Ronald McDonald House is a program of Ronald McDonald House Charities (RMHC) of Southern California; and
WHEREAS, McDonald’s restaurants provide monetary contributions and volunteerism to cause related market promotions and the space to place RMHC Donation Boxes that raise money for families served by their programs in Southern California; and
WHEREAS, the RMHC of Southern California is a non-profit 501(c)(3) corporation and rely on support of the entire community and value donations from the community and corporate partners; and WHEREAS, the RMHC of Southern California host is hosting a 2023 Walk for Kids Fundraiser on April 30, 2023, at Fontana Park, in Fontana, California; and WHEREAS, the theme for the 2023 Walk for Kids is “Bee Inspired” and attendees are encouraged to dress to impress and create un-Bee-lievable memories walking towards a Bee-autiful future for families; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda hereby proclaims April 30th to be a successful and memorable 2023 Walk For Kids fundraiser! SIGNED AND PRESENTED this 11th day of April 2023.

Phillip Dupper, Mayor

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 2

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City of Loma Linda
Official Report
Date: April 11, 2023
To: Honorable Mayor and the City Council
Via: Lorena Matarrita, Community Development Director
Subject: Council Bill #R-2023-04, a resolution to adopt Appendix G and H in the Development Impact Fee Calculation Update and Nexus Report, and, Council Bill #R-2022-05, an urgency resolution to establish the fees listed in Appendix G immediately

RECOMMENDATION

1. ADOPT Council Bill #R-2023-04, a resolution to adopt Appendix G and H in the Development Impact Fee Calculation Update and Nexus Report (adopted June 14, 2022); Appendix G lists the impacts fees pertaining to the San Bernardino County Transportation Authority circulation related projects and Appendix H includes the Findings in support of continuation of the city policy to impose residential development impact fees on a per unit basis rather than square footage.

2. ADOPT Council Bill #R-2023-05, an urgency resolution to establish the development impact feeslisted in Appendix G immediately upon its approval. It shall become effective immediately and for 30 days unless extended by the City Council for an additional 30 days.

BACKGROUND AND SUMMARY
The latest Development Impact Fees Calculation Update and Nexus Report was adopted by resolution on June 14, 2022 by City Council. An urgency resolution of 30-days was also adopted that same evening so the impact fees would go into effect immediately. In July, a second urgency resolution was adopted for the fees to remain in effect another 30 days. Not long after these meetings, staff realized we inadvertently omitted the San Bernardino County Transportation Authority (SBCTA) circulation projects and impact fee amounts known as Appendix G in the Nexus Report. Appendix G details the regional transportation fees associated with SBCTA. With this updated appendix, the City will have the necessary information for calculating the development impact fees for the SBCTA circulation-related projects in Loma Linda. All other fees listed in the previously adopted Nexus Report will not change. The City has opted to present the missing Appendix G for Council’s consideration at this hearing rather than the entire Nexus Report. As mentioned, the other adopted appendices and fees will remain unchanged.

Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
Approved/Continued/Denied
By City Council
Date _________________

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In regards to residential development fees, new State Law states that the City must either "calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development" or make findings. Although the fees for residential construction were adopted prior to effective date of the new State Law (July 1, 2022), in an abundance of caution, city staff has opted to prepare findings in support of a per unit basis rather than square footage.

The City will not impose development impact fees based on residential development projects proportionate to the square footage of proposed units for completing the City's General Plan. The current set of fees fosters greater accuracy in planning and provides the City with the required level of certainty in impact fee collection. The Findings (Appendix H of the DIF Nexus Report) are described and listed in Attachment C of this Staff Report.

ANALYSIS
In 1989, California passed legislation commonly referred to as AB1600 (Government Code Section 66000, the Mitigation Fee Act) for the purpose of regulating the formulation of development impact fees. The law requires that the fees not exceed the estimated reasonable cost of the public facility improvements necessitated by new development. A reasonable relationship or nexus must exist between the need for the public facility improvements, the type of development, and the fees imposed.

In order to establish a nexus between anticipated development, planned improvements, and fees, an extensive analysis was conducted. The City contracted Revenue & Cost Specialists to prepare the “Development Impact Fee Calculation Update and Nexus Report” and the “Master Facilities Plan” (MFP). RCS and staff identified the City’s capital projects and capital acquisitions that would be necessary in order to maintain the current Level of Service provided to the community with consideration for the projected level of development. The capital costs were then used to calculate the proposed development impact fees noted in the Development Impact Fee (DIF) Report Additionally, the City has been mandated to collect a regional traffic DIF from development projects. Regional projects must be SBCTA approved and often are built by Caltrans.

Due to the magnitude of these projects, it may take several years after initial approval before construction begins.

City staff and RCS have identified $333,988,470 million in needed and General Plan supported master planned capital improvement projects required through the City's General Plan including both projects related to existing deficiencies and those needed solely to support future growth. The adoption of the recommended DIF schedule amounts supported by the calculations in the Report would finance a great deal of the development-generated capital facilities by raising upwards to $209.0 million in new DIF revenues to be combined with the existing DIF fund balances of $21.5 million. The two remaining regional SBCTA circulation projects will receive $94.9 million in SBCTA support to fund regional growth-related capital projects so as to not place an unnecessary draw on other City revenues. Water rate receipts will pay for $4.9 million of the projects that are not-development-related. There remains a shortfall of about $3. 7 million in projects that are currently unfunded. Most of this amount is due to a non-development expansion of public use facilities.

The original Nexus Report and Master Facilities Plan (MFP) were adopted by City Council on June 14, 2022. Staff is not asking the Council to once again review and approve the aforementioned

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documents, rather, staff is requesting they review and adopt the missing appendices. Due note, in conjunction with the addition of Appendix G and H, the Nexus Report and Master Facilities Plan were updated to include clarifications and minor corrections. A copy of Appendix G and H are attached to the Report. The final version of the Report and MFP are available online and in City Hall for the public to review.

PUBLIC NOTICING AND COMMENTS
The public hearing notice for this request was published in the Sun Newspaper on March 11, 2023 – a minimum 30 days prior to the hearing date. 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 on March 9, 2023. As of the date of the printing of this report, the City has not received any written comment in regards to this request.

FINDINGS TO IMPOSE RESIDENTIAL DIF’S ON A PER UNIT BASIS AB-602 (Gov't C. sections 66016.5(a)(5)(A) and (B)) states that if the City adopts a calculation and nexus study after July 1, 2022, it must either "calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development" or make the following findings:
(i) An explanation as to why square footage is not an appropriate metric to calculate fees imposed on housing development projects.
(ii) An explanation that an alternative basis of calculating the fee bears a reasonable relationship between the fee charged and the burden posed by the development. (iii) That other policies in the fee structure support smaller developments or otherwise ensure that smaller developments are not charged disproportionate fees.

Although the residential impact fee amounts were adopted prior to when the State Law came into effect, city staff has opted to prepare the Findings (Appendix H of the DIF Nexus Study). They are described and listed in Attachment C of this Staff Report.

URGENCY RESOLUTION AND FINDINGS
After the adoption of Appendix G and establishment of the circulation fees, there is a mandatory 60-day waiting period before the fees go into effect, unless an urgency resolution, valid for 30 days, is adopted making certain findings regarding the urgency being claimed. The resolution must be re-adopted at the end of the first period (and possibly at the end of the second period, depending on City Council meeting dates) to cover the next 30 days and therefore the entire 60-day waiting period. Fees adopted by an urgency resolution go into effect immediately.

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At this time, there is a current and immediate threat to the public health, welfare and safety in that the City will be receiving applications for significant development projects in the next 60 days and the increased fees are necessary to provide infrastructure to support the projects and, without the infrastructure, the City will be unable to preserve the existing levels of service (public safety, circulation, storm drainage collection, utilities, refuse collection and disposal, public use facilities, parks) provided to the community as new residential and business development occurs. These threats to public health, safety and welfare justify adoption of this resolution as an urgency measure to be effective immediately upon adoption by a four-fifths vote of the City Council. See Attachment D, an urgency resolution to establish the updated development impact fees immediately.

FINANCIAL IMPACT
Adoption of Appendix G, the fees for the SBCTA circulation projects, could potentially provide the necessary funding to finance the identified regional growth-related capital transportation projects so as to not place an unnecessary draw on other City revenues and minimize the impact on general government resources.

ATTACHMENTS
A. Council Bill #R-2023-04, a resolution to adopt Appendix G and Appendix H B. Appendix G
C. Appendix H
D. Council Bill #R-2023-05, an urgency resolution to adopt Appendix G and establish the updated SBCTA fees immediately
RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOMA LINDA, CALIFORNIA, ESTABLISHING THE

FEES PERTAINING TO THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY CIRCULATION

RELATED PROJECTS (APPENDIX G) AND INCLUDING

FINDINGS IN SUPPORT OF IMPOSING RESIDENTIAL

IMPACT FEES ON A PER UNIT BASIS RATHER THAN

SQUARE FOOTAGE (APPENDIX H) WITHIN THE

DEVELOPMENT IMPACT FEE CALCULATION UPDATE

AND NEXUS REPORT
WHEREAS, the City of Loma Linda has conducted an extensive and exhaustive analysis of its potential development, anticipated capital improvements, the costs reasonably borne of providing those improvements, the beneficiaries of those improvements, current population and estimated growth; and
WHEREAS, the City of Loma Linda’s City Council reviewed and adopted the Development Impact Fee Calculation and Nexus Report, which incorporated the Master Facilities Plan, on June 14, 2022; and
WHEREAS, City staff inadvertently omitted the San Bernardino County Transportation Authority (SBCTA) circulation projects and impact fee sheet known as Appendix G in the Nexus Report, set forth as Exhibit A; and
WHEREAS, Appendix G details the local and regional circulation fees and projects related to SBCTA in Loma Linda; and
WHEREAS, the City intends to implement the increased regional transportation fees for every new development to install the necessary facilities, pay for future facilities or reimburse another developer or the City for installing facilities in the past; and WHEREAS, all other fees listed in the adopted Nexus Report will not change; and WHEREAS, AB-602 (Gov't C. sections 66016.5(a)(5)(A) and (B)) states that if the City adopts a calculation and nexus study after July 1, 2022, it must either "calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development" or make findings; and
WHEREAS, Appendix H lists the required findings in support of continuation of the city policy to impose residential development impact fees on a per unit basis rather than square footage, set forth in Exhibit B; and
WHEREAS, the two Appendices, along with other minor corrections and clarifications, will be included in the adopted final Nexus Report; and WHEREAS, pursuant to Government Code Section 66000 et seq. the specific fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and
WHEREAS, pursuant to California Government Code Section 6062a, a general explanation of the hereinafter contained schedule of fees and charges has been posted in three Attachment A
Council Bill #R-2023-04
Resolution No. XXXX

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public locations on March 9, 2023 and published in the local newspaper on March 11, 2023, commencing at least 30 days prior to the public hearing; and WHEREAS, a notice of public hearing has been provided, oral and written presentation made and received, and the required public hearing held on April 11, 2023, and WHEREAS, all requirements of California Government Code Section 66000 et seq. and are hereby found to have been complied with;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Findings. The City Council finds and determines that the Nexus Report and added appendices comply with California Government Code Section 66001 by establishing the basis for the imposition of fees on new development. This finding is based on the fact that the Report: Identifies the purpose of the said fee; Identifies the use to which the fee will be put; Demonstrates a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed; Demonstrates a reasonable relationship between the need for the public facilities and the type of development projects on which the fee is imposed; and Demonstrates a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to the development on which the fee is imposed.

SECTION 2. Reports. The Development Impact Fee Calculation and Nexus Report, prepared by Revenue & Cost Specialists, LLC, was adopted on June 14, 2022 and amended on April 11, 2023 to include Appendix G and H, as well as minor clarifications and corrections, is available on file in the Office of the City Clerk, serves as the basis for various development impact fee calculations. The Report provides a listing of necessary planned capital improvements and commensurate costs and establishes a relationship between such improvements and the resultant establishment of fees.

SECTION 3. Fees for Uses Consistent With the Reports. Development Impact Fees shall be charged and collected for the identified and described facilities and equipment in the Development Impact Fee Calculation and Nexus Report and related appendices, or such other public facility master plans as may from time to time be adopted by the City Council. Such fees shall be due and paid upon recordation of Final Map for subdivisions or otherwise prior to issuance of any Building Permits or Certificates of Occupancy unless otherwise defined by Government Code Section 66007.

SECTION 4. Rescission of all Development Impact Fees relating to Regional SBCTA Circulation Projects. The adoption of this Resolution shall have the effect of rescinding and repealing all previous resolutions establishing such fee in the City including, but not limited to, Resolution 2841.

SECTION 5. Severability. If any action, subsection, sentence, clause or phrase of this Resolution or the imposition of a development impact fee for any project described in the Report or the application thereof to any person or circumstance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution and other fees levied by this Resolution that can be given effect without the invalid provisions or application of fees.

Attachment A
Council Bill #R-2023-04
Resolution No. XXXX

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SECTION 6. Effective Date. This resolution shall become effective 60 days after its adoption.

SECTION 7. Certification. The City Clerk shall certify as to the passage and adoption of this Resolution and shall cause the same to be posted at the designated locations in the City.

PASSED, APPROVED, AND ADOPTED this 11th day of April 2023 by the following vote:

Ayes:

Noes:

Absent:

Phill Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
ENCLOSURES:

Exhibit A: Appendix G
Exhibit B: Appendix H
Attachment A
Council Bill #R-2023-04
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EXHIBT A

ATTACHMENT B
Appendix G-2
Development Impact Cost Calculation
General Plan Minimal Needs-based Impact CostsRegional SBCTA Circulation Projects Trip-end Total Percentage Allocation of Cost Average Units Acres Units and Length Additional of Additional Expansion Distribution or Square Proposed Land Use Factor Trip-miles Trip-miles Costs Per Acre Feet/Acre5XUDO'ZHOOLQJ8QLWV

$4,511 per Unit
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$4,511 per Unit
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$2,597 per Unit
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$1,346 per Unit
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$1.565 per S.F.
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$8.238 per S.F.
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$2.661 per S.F.

TOTAL 1,516.29 -- -- 941,624 100.00% $122,807,070
941,624 $122,807,070 $130.42 per Daily Trip-mile
Trip-ends Adjustment Daily Percent of Diverted Diverted Percent Combined Remaining Adjusted Trip Average Trip-ends Calculation Total Diverted Trip-end % Trip-end of Pass-by Diverted and Trip % as Rate, Adjustment Trip X Length Land Use Title Trip-ends Trips Adjustment Percent Trips Pass-by Adjustment % % X Total trips Length X 50% 5XUDO'ZHOOLQJ8QLWV
8.5 91.5% 7.9 34.6
$WWDFKHG'ZHOOLQJ8QLWV 8.5 91.5% 7.9 19.9 0RELOH+RPHV'ZHOOLQJ8QLWV

8.5 91.5% 7.6 17.4
6HQLRU5HVWULFWHG'ZHOOQJ8QLWV 8.5 91.5% 4.3 6.8 &RPPHUFLDO/RGJLQJ8QLWV
23.0 77.0% 4.3 10.3
$VVLVWHG&DUH/LYLQJ8QLWV 8.5 91.5% 4.3 12.0 5HWDLO6HUYLFH2IILFH8VHV 35.0 65.0% 4.3 63.20HGLFDO+HDOWKFDUH2IILFH8VHV
25.0 75.0% 4.3 54.5+RVSLWDO8VHV 14.5 85.5% 4.3 28.6,QGXVWULDO8VHV
11.5 88.5% 4.3 11.7,QVWLWXWLRQDO8VHV 24.5 75.5%

4.3 20.4
Total 6%&7$ Regional Project (Loma Linda Area)

ALTERNATIVE FEE METHODOLOGY
Undeveloped Development
Impact Fee per Unit
or Square Foot

Page 126 ends

Appendix G-1
Development Impact Cost CalculationAllocation of Project Cost EstimatesRegional SBCTA Circulation Projects Estimated Percent Apportioned Percent Apportioned
Line # Cost Need Dollar Cost Need Dollar Cost
6% 7LSSHFDQRH,QWHUFKDQJH
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Total Infrastructure Master Plan Capital Needs
Other Financial ResourcesOther 6%&7$ Revenues

Other Sources
Total Mitigating Financial Resources

Total Net 6%&7$ Regional Project Costs Forward to Schedule E-2
Infrastructure Needed
to Accommodate
Construction Needs
Supported by Other6%&7$ Resources Local Development

Page 127 ends

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EXHIBIT B

ATTACHMENT C
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RESOLUTION NO. XXXX

AN URGENCY RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOMA LINDA, CALIFORNIA,

IMMEDIATELY ESTABLISHING THE FEES PERTAINING

TO THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY CIRCULATION

RELATED PROJECTS (APPENDIX G) WITHIN THE

DEVELOPMENT IMPACT FEE CALCULATION UPDATE

AND NEXUS REPORT
WHEREAS, the City of Loma Linda has conducted an extensive and exhaustive analysis of its potential development, anticipated capital improvements, the costs reasonably borne of providing those improvements, the beneficiaries of those improvements, current population and estimated growth; and
WHEREAS, the City wishes to comply with AB 1600, now codified under the California Government Code, Sections 66000 through 66009; and
WHEREAS, the City intends to implement these increased development impact fees for every new development to install the necessary facilities, pay for future facilities or reimburse another developer or the City for installing facilities in the past; and WHEREAS, development impact fees can be used to fund only capital costs of new facilities, not facility maintenance or operations, nor capital improvements to serve existing infrastructure; and
WHEREAS, it is the intention that the fees be allocated proportionally to new and existing development; and
WHEREAS, pursuant to Government Code Section 66000 et seq. the specific fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and
WHEREAS, pursuant to California Government Code Section 6062a, a general explanation of the hereinafter contained schedule of fees and charges has been published in the local newspaper on March 11, 2023, as required; and
WHEREAS, a notice of public hearing has been provided, oral and written presentation made and received, and the required public hearing held on April 11, 2023, and WHEREAS, the ordinance or resolution shall be effective no sooner than 60 days following the final action on the adoption of the increase in the fees and charges; and WHEREAS, pursuant to California Government Code Section 66017(b), the legislative body of a local agency may adopt an urgency measure as an interim authorization for an increase in a fee or charge, to protect the public health, welfare and safety; and WHEREAS, there is a current and immediate threat to the public health, welfare and safety in that the City will be receiving applications for significant development projects in the next 60 days and the increased fees are necessary to provide infrastructure to support the projects and, without the infrastructure, the City will be unable to preserve the existing levels of service (public safety, circulation, storm drainage collection, utilities, refuse collection and disposal, public use Attachment D
Council Bill #R-2023-05
Resolution No. XXXX

Page 2 of 3 ends

facilities, parks) provided to the community as new residential and business development occurs.

These threats to public health, safety and welfare justify adoption of this resolution as an urgency measure to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, all requirements of California Government Code Section 66000 et seq. are hereby found to have been complied with;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Attachment D
Council Bill #R-2023-05
Resolution No. XXXX

Page 3 of 3 ends

SECTION 6. Effective Date. This urgency resolution was adopted by the necessary four-fifths (4/5) vote of the City Council pursuant to Government Code Section 66017 and shall become effective immediately upon its adoption and shall be effective for 30 days unless extended by the City Council for an additional 30 days.

SECTION 7. Certification. The City Clerk shall certify as to the passage and adoption of this resolution and shall cause the same to be posted at the designated locations in the City.

PASSED, APPROVED, AND ADOPTED this 11th day of April 2023 by the following vote:

Ayes:

Noes:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
ENCLOSURE:

Exhibit A: Appendix H – Findings
Attachment D
Council Bill #R-2023-05

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: April 11, 2023
TO: City Council
FROM: Lorena Matarrita, Community Development Director
SUBJECT: Public Hearing - Consideration of the Canyon Ranch Annexation and Subdivision project applications and supporting CEQA documents

RECOMMENDATION
This item is being continued to May 9, 2023.

Approved/Continued/Denied
By City Council
Date

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 4

Loma Linda City Council Hearing
April 11, 2023

ATTACHMENT A
Vicinity Map
Attachment B

Loma Linda University

MEDICAL WASTE

MANAGEMENT PLAN

ENVIRONMENTAL HEALTH &
SAFETY
June 2022
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment C
Attachment D

CONDITIONS OF APPROVAL
PROJECT DESCRIPTION: Minor Use Permit No. P22-251 and Precise Plan of Design No.

P22-253 to construct a 5,052 square foot refuse/recycle center to house trash compactors and medical waste storage. The site will be enclosed within an eight (8) foot high CMU block wall.

The project site is located at the northeast corner of Barton Road and Campus Street; Site Address: 11234 Anderson Street; 0284-083-33. The project site is zoned Institutional Health Care (I-HC)
COMMUNITY DEVELOPMENT DEPARTMENT (909)799-2830
General

1. The project shall be constructed and operated in accordance with the authorized use as described in the approved application materials and plans provided to the City Council.

2. Within one (1) year of this approval, the permit 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 EXPIRATION DATE
MUP No. P22-251 April 26, 2023
PPD NO. P22-253

3. 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.

4. The Project Proponent 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 voters of the City, concerning the project and the approvals granted herein. Furthermore, the Project Proponent 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 the Project Proponent’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.

5. In the event that this approval is legally challenged, the City will notify the Project Proponent of any claim or action and will cooperate fully in the defense of the matter.

Once notified, the Project Proponent agrees to defend, indemnify, and hold harmless the City, their affiliate’s officers, agents and employees from any claim, action or proceeding against the City of Loma Linda. The Project Proponent further agrees to reimburse the City City of Loma Linda
25541 Barton Road, Loma Linda, CA 92354  (909) 799-2830  (909) 799-2894 Community Development Department

ATTACHMENT E
PPD No. P22-253 Page 2 of 6
Conditions of Approval

ATTACHMENT E
of any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve Project Proponent of his or her obligation under this condition.

6. Construction shall be in substantial conformance with the plan(s) approved by the Planning Commission. 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:
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 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.

7. 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 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.

8. This permit or approval is subject to all the applicable provisions of the Loma Linda Municipal Code in effect at the time of approval, and includes 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.

9. 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 10:00 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.

10. The Project Proponent 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; PPD No. P22-253 Page 3 of 6
Conditions of Approval

ATTACHMENT E
b. Ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon.
c. 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.

11. 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.

12. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction.

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

14. Comply with all applicable SCAQMD rules and regulations including Rules 402 nuisance which require the implementation of Best Available Control Measures (BACM) for each fugitive dust source; and the AQMP, which identifies Best Available Control Technologies (BACT) for area sources and point sources, respectively.

15. All equipment used in earthwork must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel.

16. Construction personnel shall be informed of ride sharing and transit opportunities.

17. Comply with all existing and future CARB and SCAQMD regulations related to dieselfueled 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.

18. If it is determined that hazardous wastes are, or will be generated by the proposed operation of the facility, the wastes shall be managed in accordance with the California Hazardous Waste Control Law and the Hazardous Waste Control Regulations.

19. The Project Proponent shall work with the City’s franchised solid waste hauler 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

20. All future trash, recycling and refuse facility enclosures shall match the future buildings in color and finish.

21. Separate submittals and permits are required for all additional accessory structures not part of this approval such as, but not limited to, trash enclosures, patios, block walls, and storage buildings.

22. All outdoor lighting shall conform to Development Code and shall be designed to not glare or reflect onto neighboring properties or public rights-of-way. Outdoor lighting shall be shielded and limited to that required for security and safety purposes.

23. All buildings, grounds, parking areas and landscaping shall be maintained in a neat and orderly manner at all times.

PPD No. P22-253 Page 4 of 6
Conditions of Approval

ATTACHMENT E

24. If any condition is violated or if any law, statute ordinance is violated, this permit may be revoked by the Community Development Department, as may be applicable; provided the Project Proponent has been given written notice to cease such violation and has failed to do so for a period of 30 days.

Landscaping

25. The Project Proponent shall submit 3 sets of the final landscape plan 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. If applicable, plans for a Landscape Maintenance District shall be on separate plans.

26. Final landscape and irrigation plans shall be in substantial conformance with the approved conceptual landscape plan and these Conditions of Approval. Any and all fencing shall be illustrated on the final landscape plan.

27. 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.

28. The Project Proponent or property owner 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 within 60 days.

29. Tree removal or replacement shall be in accordance with the Tree Preservation Ordinance.

Signs

30. Signs are not approved as a part of this permit. Prior to establishing any new signs, the Project Proponent 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.

FIRE DEPARTMENT (909)799-2853

31. All construction shall meet the requirements of the 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 submittal for issuance of building permit.

32. The Project Proponent shall submit a complete set of plans to the Loma Linda Fire Department for review and approval prior to the issuance of building permits during Plan Check.

33. The project shall not impede current Fire Department access.

PUBLIC WORKS DEPARTMENT (909)799-4407

34. All public improvement plans shall be submitted to the Public Works Department for review and approval.

35. During the Plan Check process, the Project Proponent shall submit an engineered grading plan for the proposed project.

36. All utilities shall be underground. The City of Loma Linda shall be the water and sewer purveyor.

PPD No. P22-253 Page 5 of 6
Conditions of Approval

ATTACHMENT E

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

38. Prior to issuance of grading permits, the Project Proponent 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.

39. All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties.

40. An erosion/sediment control plan, SWPP, and a Water Quality Management Plan are required to address on-site drainage construction and operation.

41. 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.

42. Per the City of Loma Linda recycling policy, the Project Proponent shall incorporate interior and exterior storage areas for recyclables.

43. The Project Proponent shall comply with City adopted policies and ordinance regarding the reduction of construction and demolition (C&D) materials, including a required solid waste management plan. Coordinate with Public Works.

44. Project Proponent shall comply with the Low Impact Development (LID) Principles and LID Best Management Practices (BMPs) for Southern California.

45. Project Proponent 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.

BUILDING AND SAFETY DIVISION (909)799-2836

46. All plans and construction shall meet the requirements of the 2022 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.

47. Upon entitlement of the project, the Project Proponent shall also comply with the following building conditions and regulations, unless otherwise stated:
a. Submit 4 complete sets of plans to the Building department, 2 sets of structural calculations, 2 sets of Title 24 energy calculations, and 2 sets of soils reports. b. Separate permits, not part of this approval, are required for all accessory structures such as but not limited to, trash enclosures, block walls and storage buildings.

PPD No. P22-253 Page 6 of 6
Conditions of Approval

ATTACHMENT E
c. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel, and where necessary to provide access. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warnings, signage, gates, lifts and walking surface material. Accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site. California Building Code 11A and 11B. d. The City enforces the State of California provisions of the California Building Code disabled access requirements. The Federal ADA standards differ in some cases from the California State requirements. It is the building owner’s responsibility to be aware of those differences and comply accordingly.
e. Disabled access parking shall be located on the shortest accessible route. f. Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code 11A, 11B and 31B. g. Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer.

SHERIFFS DEPARTMENT (909) 387-3545

48. Project Proponent shall provide sufficient exterior lighting to the site that illuminates otherwise dark corridors which may compromise public safety.

49. Project Proponent shall prevent loitering on site.

END OF CONDITIONS
Applicant Statement
I have read and accept responsibility for the Conditions of Approval. I agree to abide by and conform to the Conditions of Approval, as well as the mitigations listed in the enclosed MMRP and the provisions of the Loma Linda Municipal Code pertaining to the project. __________________________________
Printed Name of Project Applicant
__________________________________
Signature of Project Applicant
__________________________________
Date

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 5
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: April 11, 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 6
City of Loma Linda
Official Report
Phill Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilman
John Lenart, Councilman
Bhavin Jindal, Councilman
CITY COUNCIL AGENDA: April 11, 2023
TO: City Council
SUBJECT: Minutes of March 14, 2023

RECOMMENDATION
It is recommended that the City Council approve the minutes as submitted.

Approved/Continued/Denied
By City Council
Date _________________
City of Loma Linda
City Council Action Minutes
Regular Meeting of March 14, 2023
A regular meeting of the City Council was called to order by Mayor Dupper at 7:05 pm Tuesday, March 14, 2023.

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

Items To Be Added Or Deleted
City Manager Thaipejr had no changes to the Agenda.

Oral Reports/Public Participation - Non-Agenda Items (Limited to 30 minutes; 3 minutes allotted for each speaker)
Community Development Director Matarrita noted that the Municipality of Puntarenas was very excited upon the adoption of the Memorandum of Understanding establishing the Friendship relationship with City of Loma Linda. She played short excerpts from their public meeting whereby this matter is being discussed.

She also read a letter submitted by Sergio Matarrita Morera expressing the gratitude toward this new relationship; acknowledging the two cities’ fundamental similarities and shared designation of being “Blue Zoned” communities; and looking for opportunities to expand the friendship as well as viewing ways to honor Loma Linda in their community. They offered an open invitation to visit their community.

Scheduled and Related Items
CC-2023-17 – Proclamation Designating Loma Linda as a Purple Heart City Mayor Dupper read the proclamation designating the City of Loma Linda as a Purple Heart City.

Mr. Raymond Wetzel was unable to attend the meeting. The City was directed to mail the proclamation to Mr. Wetzel.

Dick Wiley noted the proclamation reading reminded him of his 30 year involvement with Shriners Hospital and when he was part of the Installation team, which involved the presentation of the flag and sharing the significance of the flag. He briefly spoke to the symbolism of the flag and to the mem and woman who have fought for our freedom. He reminded to thank military servicemen, fire and law enforcement personnel for their service.

He added that Mr. Joe Frink noted that at the end of the month is National Veterans Day.

City Council Minutes Page 2
March 14, 2023
CC-2023-18 – Public Hearing - Council Bill #R-2023-03 – Adopt Resolution to determine the costs related to the Fall 2022 Weed Abatement Program
Fire Inspector Matt Dingman presented the report into evidence noting that the Weed Abatement Program focused on removal of combustible vegetation deemed a fire hazard. The Program began September 27 & 28, 2022 with initial inspection of about 435 parcels; notices to clean property were sent to owners of record provided by the County Assessor’s Office on October 12, 2022; follow up inspections occurred November 1 & 2, 2022 and if abatement had not been accomplished or arrangements for a time extension had not been made, the parcels were placed on an abatement list for the City’s contractor to abate.

Approximately five parcels were abated and invoices related to those properties were mailed January 3, 2023. To date, three property owners have not paid. Subsequent to adoption of the Resolution, a lien would be placed on the parcels and amounts owed to the City would be submitted to the Assessor’s Office for inclusion on the property tax rolls.

The public hearing was open and closed with no public participation.

Motion by Dailey, seconded by Rigsby to accept and approve the Fall 2022 Weed Abatement Program report and accounting of costs and adopt Council Bill #R-2023- 03 establishing liens and assessments on the properties. Lenart absent.

RESOLUTION NO. 3167

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA ADOPTING A REPORT AND STATEMENT OF EXPENSES FOR THE FALL 2022

WEED ABATEMENT PROGRAM AND IMPOSING A LIEN UPON PROPERTY FOR

PAYMENT THEREFOR
CC-2023-19 - Joint meeting of the City Council and Housing Authority Board regarding 2022-2023 MidYear Budget Review including expenditure appropriations and revenue adjustments Finance Director Fabela presented the report into evidence, noting that she provided an updated Attachment I to the Council which had a small correction related to a number rounding to match her staff report. She stated that the City Council adopted City budget of $35,770,600, with a general fund budget of $24,349,300 and that each department assessed their revenues and expenditures for changes for midyear review. She reviewed the revenue projections and expenditure adjustments of the General Fund and Other accounts that included, but not limited to, sewer, water, LLCP, grants, and capital funds, detailing some of the major increases in the general fund revenues were due to increases in property tax, franchise tax, business license tax, VLF – property tax in lieu, building activity service charges (fire permits, plan checks and inspections, engineering plan checks and inspections), interest revenue and a large increase to refunds and reimbursements. She went on to detail the decreases in revenue in sales tax, engineering inspections and plan checks, weed abatement, and transfers in while major expenditure increases included overtime for fire services provided while on Strike Teams as well as workers comp. coverage; refuse contract; donkey feed and mitigation; smeal engine refurbishment; salary recalculations and adjustments based on position vacancies and retirements as well as an oversight on council benefit calculations; utilities and contractual agreement increases across several departments. Decreases in expenditures include a recalculation of salaries and benefits based on personnel changes (retirements leaving positions vacant or filled at lower steps). She stated overall there was a net increase in general fund revenues of $2,166,600 and a net increase in general fund expenditures of $1,911,000. The recommendations presented by staff represent a net increase in revenues of $537,100 and a net increase in expenditures of $1,258,900.

Discussion ensued pertaining to the Landscape Maintenance District expenditure report; the Heritage Park City Council Minutes Page 3
March 14, 2023
improvement project funded by the Park Development Fund; the repayment to the Park Development Fund resulting from a property purchase in the south hills; and the smeal engine refurbishment.

Motion by Rigsby, seconded by Jindal to approve the net increase to revenues of $2,703,700 and the net increase to the appropriations of $3,169,900, as presented in the Mid-Year budget adjustment report and as summarized by funds in Attachments II and III, respectively, in the report; City Clerk called roll and motion carried unanimously. Lenart absent.

City Manager Thaipejr thanked Finance Director Sonia Fabela and her team for their hard work and long hours spent preparing and completing the mid-year budget report. He noted next fiscal year he would allocate funds for infrastructure improvements for city buildings, including an upgrade to the audio and visual system in the Council Chambers.

CC-2023-20 - Consent Calendar
Motion by Rigsby, seconded by Jindal to approve the Consent Calendar items as presented;
Councilman Jindal suggested staff include photos of completed projects within the staff reports for completed projects.

Councilman Dailey commented that the street surface on Mt. View Ave., southbound, between Barton Rd. and Lawton Ave. is a bit bumpy and not as smooth as the rest of the street.

The City Clerk called roll and motion carried unanimously. Lenart absent.

Approved the demands registers dated:
 February 28, 2023, with commercial demands totaling $1,424,134.68 and payroll demands dated February 16, 2023, in the amount of $364,000.39; and  March 14, 2023, with commercial demands totaling $1,474,202.74 and payroll demands dated March 2, 2023, $374,392.42;
Approved the minutes of February 14, 2023, as submitted; Accepted for filing the February, 2023, Treasurer’s Reports; Accepted for filing the February 2023, Fire Department Activity Report; Awarded contract to Borden Excavating, Inc., for the construction of a new 1.6 MG reservoir, access road and transmission line in an amount of $5,671,477.00 (CIP 20-656); Awarded contract to DBX, Inc., for the Traffic Signal Improvements at California St. and Citrus Ave. in an amount of $341,661.00 (CIP 21-221);
Awarded contract to Mike Roquet Construction for Pavement Rehabilitation by Re-Play Method at Lawton Ave., Gower St., Saint David St., San Juan Dr., Loma Vista Dr. and Barton Frontage Rd. in an amount of $45,000 (CIP 23-113);
Awarded contact to CED-San Bernardino in the amount of $28,537.08 for purchase of material and equipment for the Sidewalk Lighting Demonstration Project on the south side of Barton Rd. from Anderson St. to Benton St.;
City Council Minutes Page 4
March 14, 2023
Awarded contract to Overhead Door Company to furnish and install eight (8) bay doors at Fire Station No. 1 in an amount of $148,000;
Accepted grant from Homeland Security Grant Program, Fiscal Year 2020 (HSGP 2020), in the amount of $36,309.00 for purchase of Public Warning and Notification System and portable satellite phones and dish;
Accepted as complete and authorized recordation of Notice of Completion for Installation of Landscape Median on California St. in the amount of $130,586.09 (CIP 22-112), Contractor: Golden West Landscape;
Accepted as complete and authorized recordation of Notice of Completion for Pavement Rehabilitation on Mountain View Ave., Sun Ave., Rosewood Dr., and Spade Dr. in the amount of $546,193.34 (CIP 22-108), Contractor Vance Corporation; and Approved Agreement Amendment for the replacement of the City’s Storage Area Network System (SANS) to CDW-G in the amount of $62,244.93.

Old Business
CC-2023-21 - California JPIA Annual Board of Directors Meeting on July 19, 2023, in La Palma - Select Director and Alternate
Following discussion, T. Jarb Thaipejr volunteered to represent the City at the Annual Board of Director’s meeting.

Reports of Councilmen
Councilman Dailey commented to the weeds sprouting citywide as a result of all the rain; inquired about the opening of the third hotel; and the construction status of the ophthalmology building.

Mayor Dupper stated that he and Dr. Lenart attended the Grand Opening of the Miracle Health Center on Barton Rd., which will house the surgical institute, the bone and spine surgery center, and transit physical therapy.

Reports of Officers – None
The meeting adjourned at 8:01 pm.

Approved at the meeting of April 11, 2023.

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: April 11, 2023
TO: City Council
FROM: Sonia Fabela, Finance Director/City Treasurer
VIA: T. Jarb Thaipejr, City Manager
SUBJECT: March 2023 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 2,942,250.82 $ Outstanding Checks as of month-end (576,808.35)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 2,365,442.47 $ BANK OF AMERICA - PAYROLL $ 5,364.41
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 78,032.35 Outstanding Checks as of month-end (5,593.56)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 72,438.79 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 111,984.55 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 111,984.55 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 2,555,230.22
YIELD

LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 2.831% $ 53,512,187.23
CITY - Former RDA Bond Proceeds 2.831% 902,046.36
CITY -Total 54,414,233.59
SUCCESSOR RDA 2.831% 1,351,903.10
HOUSING AUTHORITY 2.831% 1,318,895.57
INVESTMENTS TOTALS $ 57,085,032.26

OTHER CASH

IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00

CASH AND INVESTMENTS - GRAND TOTAL 59,642,112.48
PREVIOUS MONTH 60,445,679.94
.

CHANGE +/(-) $ (803,567.46)
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
March 2023

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 70,000,000.00 3/22 4/22 5/22 6/22 7/22 8/22 9/22 10/22 11/22 12/22 1/23 2/23 3/23

CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 3/22-3/23

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

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 8

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 9

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 10

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 11

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 12

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 13

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 14

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 15

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 16

CITY COUNCIL AGENDA
PACKET
AGENDA ITEM NO 17

Loma Linda City CouncilApril 11, 2023

Loma Linda City Council
April 11, 2023