Agenda packet — Loma Linda City Council, October 10, 2023

CITY OF LOMA LINDA

CITY COUNCIL AGENDA

REGULAR MEETING
Tuesday, October 10, 2023, 7:00 PM
Council Chambers
25541 Barton Road
Loma Linda, CA 92354
Est. Duration: 2 hr 45 min
A regular meeting of the City Council of the City of Loma Linda is scheduled in the Council Chambers, 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.
1: Call to Order
1A. Call to Order
1B. Roll Call
1C. Closed Session/Workshop
1D. Invocation and Pledge of Allegiance
1E. Items to be Added or Deleted
1F. Oral Reports/Public Participation - Non-Agenda Items 1G. Conflict of Interest Disclosure
2: Scheduled and Related Items
2A. Proclamation - The Unforgettables
2B. Public Hearing - Modification to the Previously Approved Conditions of Approval for Courtyard Hotel Minor Modification No. P23-193 to amend Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project (CUP No. P19-218) .
— 1. Approve Minor Modification No. P23-193 to amend Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project (CUP No. P19-218) located at 10354 Richardson Street, allowing the applicant to pay the Development Impact Fees prior to Final Occupancy. 2C. Public Hearing - Development Code Amendment No. P23-139 and Council Bill #O-2023-02 (Introduce on First Reading)
A request to amend Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code. — 1. DETERMINE that the Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in a significant change to the environment, and; — 2. Council Bill #O-2023-02 (Introduce on first reading, set second reading for November 14, 2023) an Ordinance to amend Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code (Development Code Amendment No. P23-139). 2D. Joint Public Hearing - Sale and Transfer of 25615 Prospect Avenue - Housing Affordability Program Joint Public Hearing between City Council and Housing Authority pertaining to the sale and transfer of 25615 Prospect Avenue from Chowdhury Ahmed and Farjana Hoq to Juan and Christina Sanchez — 1. LLHA Bill #R-2023-04 - A Resolution approving an agreement for the disposition of property for affordable housing use with Juan Sanchez and Christina Sanchez; and — 2. Council Bill #R-2023-37 - A Resolution consenting to the approval by the Loma Linda Housing Authority of an agreement for the disposition of property for affordable housing use with Juan Sanchez and Christina Sanchez
3: Consent Calendar
3A. Demands Registers - September 26 and October 10, 2023 3B. Approval of Minutes September 12, 2023
3C. Treasurer's Report - September 2023
3D. Fire Department's Activity Report - September 2023
September 2023 Fire Department Activity Report
3E. Award a Contract for Installation of Generator Electrical Wiring 3F. Appropriate $88,200.00 and Approve a Change Order to the contract for In-Line Valve Installation (CIP 22-666) Supplemental Appropriation $88,200.00 from Water Utility Operations Fund Balance into Account No. 4657010- 58500 and Approve a Change Order to the contract for In-Line Valve Installation (CIP 22-666) 3G. Appropriate $30,000.00 and Award Contract for Security Camera Acquisition Appropriate $30,000.00 into Acct. No. 1355430-58220 and Award Contract for Security Camera Acquisition. 3H. Approve MOU with San Bernardino County Health Dept. for SB 1383 Edible Food Recovery Enforcement 3I. Notice of Completion - Shower Modification to Fire Station No. 1 Accept as complete and authorize recordation of Notice of Completion of the shower stall modifications at Fire Station No. 1; Neuroth Construction, Contractor
3J. Notice of Completion - Traffic Signal Improvements
Accept as complete and authorize recordation of Notice of Completion for the Traffic Signal Improvements as California Street and Citrus Avenue (CIP 21-221); DBX Inc. , Contractor 3K. Notice of Completion - Pavement Rehabilitation by Slurry Seal Accept as complete and authorize recordation of Notice of Completion for the Pavement Rehabilitation by Slurry Seal Method at Various Locations (CIP 21-107); Doug Martin Contracting Co., Inc., Contractor 4: Old Business
4A. Council Bill #O-2023-03 (Second Reading and Roll Call Vote) Adopt an Ordinance to update Title 17 (Zoning) of the Loma Linda Municipal Code and establish a reasonable accommodation ordinance in compliance with Federal and State Laws that will provide flexibility in the application of the Development Code standards in order to provide individuals with disabilities an equal opportunity to housing (Ref: Development Code Amendment No. P23-155)
— 1. Waive the Reading of Council Bill #O-2023-03 in its entirety, direct the City Clerk to read by Title only and Adopt on roll call vote.
5: New Business
5A. March 5, 2024, General Elections
— 1. Resolution - Calling the Election
— 2. Resolution - Regulations for Candidate Statements
6: Reports
6A. Reports of Council Members
6B. Reports Of Officers
- Video presentation highlighting Loma Linda.
7: Adjournment
No Items

POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that, I caused this agenda to be posted at the following three (3) locations, to-wit:

Loma Linda Branch Library, 25581 Barton Road, Loma Linda, California City Council Chambers, 25541 Barton Road, Loma Linda, California U. S. Post Office Annex, Newport Avenue, Loma Linda, California Lynette Arreola, City Clerk
City of Loma Linda, California
Date Posted: October 5, 2023
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Proclamation - The Unforgettables
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: A
To
City Council
From
Lynette Arreola, City Clerk
Attachments
The Unforgettables Proclamation.pdf
RECOMMENDATION:

N/A

PROCLAMATION
25th ANNIVERSARY OF THE UNFORGETTABLES FOUNDATION
WHEREAS, The Unforgettables Foundation is a nonprofit organization founded by Tim Evans in 1999 whose mission is to assist low-income families in providing a dignified, appropriate burial for their children who have passed away; and
WHEREAS, the Foundation is aided by Inland Empire educators, medical professionals, social workers, certified public accountants, attorneys, bankers, morticians, and others, of all whom share the Foundation’s paramount mission to assist families with the many crises surrounding the death of a child; and
WHEREAS, the Foundation educates parents and children’s caregivers to confront, control, and conquer the primary risks to our children’s health and wholeness; and WHEREAS, for many families, the anguish and heartbreak of a child’s death is accompanied by the additional burden of financial incapacity. The simple truth is that many families are unable to afford a dignified, respectful burial for their beloved child; and WHEREAS, since its creation, the Unforgettables Foundation has assisted over 10,000 families in more than 80 cities in Southern California; and
WHEREAS, the contributions the Unforgettables Foundation has made to the families it serves are invaluable and reflect an organization devoted to the highest ideals of community service due to its conviction that every child is unforgettable;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Loma Linda, does hereby congratulate The Unforgettables Foundation on its 25th anniversary and commend them for playing a vital role in improving the quality of life in the local community.

SIGNED AND PRESENTED this 10th day of October 2023..

Phillip Dupper Mayor
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lorena Matarrita
Public Hearing - Modification to the Previously Approved Conditions of Approval for Courtyard Hotel Minor Modification No. P23-193 to amend Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project (CUP No. P19-218) .

Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: B
To
City Council
From
Lorena Matarrita, Community Development Director
Via
T Jarb Thaipejr, City Manager

RECOMMENDATION
Approve Minor Modification No. P23-193 to amend Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project (CUP No. P19-218) located at 10354 Richardson Street, allowing the applicant to pay the Development Impact Fees prior to Final Occupancy.

BACKGROUND
On December 14, 2021, the City Council granted Conditional Use Permit No. 19-218 for the construction of a 72,361 square-feet, fourstory Courtyard Hotel by Marriott, comprising 125 rooms and associated on-site improvements.

Condition #24 of the original approval mandated the payment of Development Impact Fees (DIFs) before the issuance of building permits. However, the applicant is requesting a modification to this condition to defer the timing of his DIF payment to the Final Occupancy stage. This change will bring it in line with the practice followed with his previous hotel developments within Loma Linda, where the DIFs were paid before Final Occupancy.

Notably, the applicant has consistently demonstrated financial responsibility by meeting all obligations, including DIF payments, application fees, permit and plan check costs, and transient occupancy tax payments for previous projects. The applicant maintains a commendable fiscal track record with the City.

ANALYSIS
Pursuant to Section 17.30.470 of the Loma Linda Municipal Code, “any condition imposed upon the granting of a permit may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct public hearings thereon, in the same manner as required for the granting of the same.” The current request pertains to the modification of Condition #24 of the adopted Conditions of Approval for the Courtyard Hotel project. The intended modification is to allow for DIF payments before the Final Occupancy stage, rather than prior to building permit issuance. This proposed modification, shown in Attachment A, aims to align with the payment schedule adhered to in the applicant's previous projects.

Condition #24, in its current state, reads as follows:
“All Development Impact fees shall be paid to the City of Loma Linda prior to the issuance of any building and/or construction permits. The Project Proponent shall pay all required development impact fees to cover 100 percent of the pro rata share of the estimated cost of public infrastructure, facilities, and services.” Traditionally, collecting DIFs upon Final Occupancy was the normal practice. However, past instances where developers encountered challenges in fulfilling payments at the project's completion prompted a reconsideration of the practice. It was determined to be more prudent to initiate the collection of DIFs before issuing building permits to ensure compliance.

The Development Impact Fees are one-time charges levied by cities on new developments. The funds get paid into capital fund accounts and must be used to pay for new infrastructure and capital projects. The applicant’s current development impact fee, which includes the Art in Public Places in-lieu fee, is $1,016,104.38. A copy of the fees are attached (Attachment B). At this time, the applicant believes the hotel will have an opening date of approximately December 2024 or January 2025. Hence, the applicant anticipates paying the fees within the following fiscal year, 2024/2025.

FINANCIAL IMPACT
Development Impact Fees for this project were not anticipated or included in the revenue projections for this year, therefore granting this modification will not create a financial impact or change to the 2023/2024 adopted budget for the City.

FINDINGS
The required findings for the original Conditional Use Permit have not changed since the Council’s original approval on December 14, 2021. For the specific request, the Code states “no such modification shall be made unless the hearing body finds that such modification is necessary to protect the public interest.” Staff concludes that there is no adverse impact on the public. The original conditions, drafted to protect the public interest, will continue to apply.

ENVIRONMENTAL DETERMINATION
On December 14, 2021, the City Council adopted the Mitigated Negative Declaration for the Courtyard Hotel by Marriot. The modification to the Conditions of Approval would not generate additional environmental impacts, therefore, no further environmental review is necessary under the California Environmental Quality Act.

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, September 28, 2023. In accordance with the Brown Act, the notice for this project was also posted at 3 public locations throughout the city as well as on the city website. As of the date of this report, the city has not received any written or oral comments in favor or opposition of the project.

CONCLUSION
The applicant has a history of collaboration with the City and has consistently met his financial obligations. This includes the payment of DIFs for all prior projects. The applicant intends to uphold this same practice for the Courtyard Hotel project. The remaining Conditions of Approval and Mitigation Measures will not change and will continue to apply. As such, staff recommends the Council approve the modification request for Condition #24.

ATTACHMENTS
A. Amendment to Condition #24 of the Approved Conditions of Approval B. Development Impact Fees
Attachments
ATTACHMENT A - Modified COA.pdf
ATTACHMENT B - DIFs.pdf

ATTACHMENT A
Modification No. P23-193
to Amend Condition #24 of
Conditional Use Permit No. P19-218 (Courtyard Hotel by Marriot)

24. All Development Impact Fees shall be paid to the City of Loma Linda prior to the issuance of any building and/or construction permits the Certificate of Final Occupancy. The Project Proponent shall pay all required development impact fees to cover 100 percent of the pro rata share of the estimated cost of public infrastructure, facilities, and services. The fees shall be calculated at the rates in effect at the time of payment.

CITY OF LOMA LINDA

DEVELOPMENT IMPACT FEES SHEET
PLANNING APPLICATION #: CUP No. P19-218 BLDG PERMIT #:

APPLICANT NAME: Hiral Patel PLAN CHECK #:

PROJECT NAME: Courtyard Hotel by Marriot APN: 0281-162-53 PROJECT ADDRESS: Richardson St SQ.FT. OF BLDG: 62019.0000 PLANNER: Lorena Matarrita DATE: September 11, 2023
DIRECTOR'S SIGN OFF: DIF FINAL AMOUNT: $ 1,016,104.38

COMMUNITY DEVELOPMENT

1. GENERAL GOVERNMENT FACILITIES Acct. No. DIF016
DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units* 0 $179.00 $0
Attached Dwelling Units* 0 $179.00 $0
Mobile Home Units 0 $179.00 $0
Rural Dwelling Units 0 $179.00 $0
Senior Restricted Dwelling Units 0 $179.00 $0
*ADU/JADU use other tabs Sq. Ft.

Assisted Care Living Units 0.0 $0.049 $0.000
Rooms
Commercial Lodging 125 $36.00 $4,500
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $0.049 $0.000
Medical/Healthcare Office Uses 0.00 $0.049 $0.000
Hospital Uses 0.00 $0.049 $0.000
Industrial Uses 0.00 $0.049 $0.000
Institutional Uses 0.00 $0.049 $0.000
TOTAL Note $4,500.000
Park Ded SF

2. PARKLAND ACQUISITION AND DEVELOPMENT 0.00 Acct. No. DIF004 DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $10,742 $0
Attached Dwelling Units 0 $6,415 $0
Mobile Home Units 0 $6,568 $0
Rural Dwelling Units 0 $10,742 $0
Senior Restricted Dwelling Units 0 $4,743 $0
TOTAL Note $0

3. OPEN SPACE ACQUISITION Acct. No. OSDVF
DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Commercial Lodging 125 $1,480.00 $185,000
Sq. Ft. Fees/Sq.Ft.

Assisted Care Living Units 0.00 $0.388 $0.000
Retail/Service/Office Uses 0.00 $1.474 $0.000
Medical/Healthcare Office Uses 0.00 $1.508 $0.000
Hospital Uses 0.00 $0.599 $0.000
Industrial Uses 0.00 $1.468 $0.000
Institutional Uses 0.00 $1.892 $0.000
TOTAL Note $185,000.000
Development Impact Fees are collected for all new construction projects prior to building permit issuance. Staff will complete the sheet for the applicant. Fees shall be paid at the Finance Dept. Typically, there are other fees involved. School District Fees shall be paid directly to the district. Sewer capacity fees to City of San Bernardino. Water connection fees are issued by the Public Works Dept. If you have questions regarding the fees, call the Community Development Department at 909-799-2830.

Page 1 of 4 ends

ATTACHMENT B

CITY OF LOMA LINDA

DEVELOPMENT IMPACT FEES SHEET

4. PUBLIC MEETING FACILITIES Acct. No. DIF018
DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $2,482 $0
Attached Dwelling Units 0 $1,482 $0
Mobile Home Units 0 $1,517 $0
Rural Dwelling Units 0 $2,482 $0
Senior Restricted Dwelling Units 0 $1,096 $0
TOTAL Note $0

5. ART IN PUBLIC PLACES Acct. No. DIF023
DEVELOPMENT TYPE Project $ Value % of Value Credit TOTAL Residential Valuation $0.00 $0.0025 $ -
Commercial/Industrial Valuation $4,920,875.00 $0.0050 24,604.38 TOTAL Note: Valuation provided via email. $ 24,604.38

PUBLIC SAFETY

6. FIRE SUPPRESSION FACILITIES, ET. AL. Acct. No. DIF015 DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $1,476 $0
Attached Dwelling Units 0 $215 $0
Mobile Home Units 0 $966 $0
Rural Dwelling Units 0 $1,688 $0
Senior Restricted Dwelling Units 0 $2,193 $0
Sq. Ft.

Assisted Care Units 0.00 $2.529 $0.000
Rooms
Commercial Lodging 125 $64 $8,000
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $0.084 $0.000
Medical/Healthcare Office Uses 0.00 $0.644 $0.000
Hospital Uses 0.00 $0.664 $0.000
Industrial Uses 0.00 $0.537 $0.000
Institutional Uses 0.00 $0.812 $0.000
TOTAL Note $8,000.000

ENGINEERING
7a. LOCAL CIRCULATION SYSTEMS (STREETS, SIGNALS AND BRIDGES) Acct. No. DIF012 DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $1,337 $0
Attached Dwelling Units 0 $770 $0
Mobile Home Units 0 $671 $0
Rural Dwelling Units 0 $1,337 $0
Senior Restricted Dwelling Units 0 $265 $0
Sq. Ft.

Assisted Care Units 0.00 $0.464 $0.000
Rooms Fees/room
Commercial Lodging Units 125 $399 $49,875
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $2.442 $0.000
Medical/Healthcare Office Uses 0.00 $2.106 $0.000
Hospital Uses 0.00 $1.106 $0.000

Page 2 of 4 ends

CITY OF LOMA LINDA

DEVELOPMENT IMPACT FEES SHEET
Industrial Uses 0.00 $0.452 $0.000
Institutional Uses 0.00 $0.789 $0.000
TOTAL Note $49,875.000
7b. REGIONAL CIRCULATION SYSTEMS (STREETS, SIGNALS AND BRIDGES) Acct. No. DIF024 DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $4,511 $0
Attached Dwelling Units 0 $2,597 $0
Mobile Home Units 0 $2,263 $0
Rural Dwelling Units 0 $4,511 $0
Senior Restricted Dwelling Units 0 $893 $0
Sq. Ft.

Assisted Care Units 0.00 $1.565 $0.000
Rooms Fees/room
Commercial Lodging Units 125 $1,346 $168,250
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $8.238 -
Medical/Healthcare Office Uses 0.00 $7.106 -
Hospital Use 0.00 $3.733 -
Industrial Uses 0.00 $1.525 -
Institutional Uses 0.00 $2.661 -
TOTAL Note $ 168,250.00

8. STORM DRAINAGE FACILITIES Acct. No. DIF009
DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $1,251 $0
Attached Dwelling Units 0 $520 $0
Mobile Home Units 0 $460 $0
Rural Dwelling Units 0 $4,436 $0
Senior Restricted Dwelling Units 0 $220 $0
Sq. Ft.

Assisted Care Units 0.00 $0.063 $0.000
Room
Commercial Lodging 125 $170 $21,250
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $0.267 $0.000
Medical/Healthcare Office Uses 0.00 $0.279 $0.000
Hospital Uses 0.00 $0.110 $0.000
Industrial Uses 0.00 $0.236 $0.000
Institutional Uses 0.00 $0.313 $0.000
TOTAL Note $21,250.000

9. WATER GENERATION, STORAGE AND DISTRIBUTION FACILITIES Acct. No. DIF038 DEVELOPMENT TYPE # of Units Fees/Unit TOTAL
Detached Dwelling Units 0 $7,650 $0
Attached Dwelling Units 0 $5,654 $0
Mobile Home Units 0 $5,190 $0
Rural Dwelling Units 0 $7,650 $0
Senior Restricted Dwelling Units 0 $2,507 $0
Sq. Ft.

Assisted Care Units 0.00 $0.512 $0.000
Rooms

Page 3 of 4 ends

CITY OF LOMA LINDA

DEVELOPMENT IMPACT FEES SHEET
Commercial Lodging 125 $3,759 $469,875
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $0.416 $0.000
Medical/Healthcare Office Uses 0.00 $2.027 $0.000
Hospital Uses 0.00 $0.797 $0.000
Industrial Uses 0.00 $0.597 $0.000
Instutional Uses 0.00 $0.835 $0.000
TOTAL Note $469,875.000

10. WASTEWATER (SEWER) COLLECTION SYSTEM Acct. No. DIF017 DEVELOPMENT TYPE # of Units Fees/Unit Credit/Unit TOTAL Detached Dwelling Units 0 $1,380 $0
Attached Dwelling Units 0 $1,021 $0
Mobile Home Units 0 $935 $0
Rural Dwelling Units 0 $1,380 $0
Senior Restricted Dwelling Units 0 $452 $0
Sq. Ft.

Assisted Care Units 0.00 $0.092 $0.000
Rooms
Commercial Lodging 125 $678 $84,750
Sq. Ft. Fees/Sq.Ft.

Retail/Service/Office Uses 0.00 $0.075 $0.000
Medical/Healthcare Office Uses 0.00 $0.366 $0.000
Hospital Uses 0.00 $0.144 $0.000
Industrial Uses 0.00 $0.107 $0.000
Institutional Uses 0.00 $0.151 $0.000
TOTAL Note $84,750.000

11. FAIR SHARE CONTRIBUTION - P.R.O.W. IMPROVEMENTS Acct. No. DIFFS Note (or attach documentation): N/A TOTAL
$0.00
TOTAL DEVELOPMENT FEE COST $1,016,104.38
ADDITIONAL CONTACT INFORMATION:

SCHOOL FEES: REDLANDS UNIFIED SCHOOL DISTRICT (909) 748-6730 SEWER CAPACITY FEES:

CITY OF SAN BERNARDINO WATER DEPARTMENT
ENGINEERING SECTION (909) 453-6175
CITY OF LOMA LINDA PLAN CHECK AND PERMIT FEES:

BUILDING DIVISION (909) 799-2836
GRADING PERMIT (909) 799-4407
FIRE SPRINKLER (909) 799-2853 FIRE PLAN CHECK
City Dev. Impact Fee schedule and sheet last updated 9/15/2022 Development Impact Fees - Resolution #3147 and #3148
Adopted & Effective 6-14-22
SBCTA Regional Transportation Fees
Adopted & Effective 4-11-23
Art in Public Places - Ordinance #651
Adopted 12/13/05
Effective 01/10/06
All fees in excess of $500,000 shall be paid via wire transfer. Contact Finance Dept. for wire transfer info at (909)799-2840.

Page 4 of 4 ends

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lorena Matarrita
Public Hearing - Development Code Amendment No. P23-139 and Council Bill #O-2023-02 (Introduce on First Reading)
A request to amend Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code.

Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: C
To
City Council
From
Nicole Campbell, Associate Planner
Via
Lorena Matarrita, Community Development Director
RECOMMENDATION:

Staff recommends that the City Council:

1. DETERMINE that the Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in a significant change to the environment, and;

2. ADOPT Council Bill#O-2023-02, an Ordinance to amend Title 17 (Zoning) of the Loma Linda Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code (Development Code Amendment No. P23-139).

BACKGROUND:

The City of Loma Linda’s Land Use Development Code regulates development within the City to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. The Planning Division periodically proposes updates to the Development Code to bring regulations into alignment with current standards and best practices. Title 17 (Zoning) of the Loma Linda Municipal Code was evaluated and revised to standardize administrative processes, expand intended land uses, and provide updated standards.

On September 6, 2023, Planning Commission recommended that the City Council approve Development Code Amendment No. 23-155, to amend Title 17 (Zoning) of the Municipal Code by standardizing administrative processes, expanding permitted land uses, minimizing the number of required loading spaces for commercial uses, modifying fence regulations, and correcting certain inconsistencies and outdated language throughout the Development Code.

ANALYSIS:

The City-initiated Development Code Amendment No. P23-139 amends various sections of Title 17 (Zoning) of the Loma Linda Municipal Code. A detailed, comprehensive list of all the proposed amendments are provided as part of Exhibit A of the Ordinance for Council Bill #O2023-02 (Attachment A). Amendments are shown in red colored font. The proposed additions are in red underline and deletions are in red strikethrough. The following is a brief summary of the revisions.

Revise Section No. 17.30 Administration: This amendment modifies the existing administrative section to ensure an efficient and uniform process for entitlements. Modifications include defining zoning devices, creating consistency between each zoning devices process, conforming to State law regarding public notices, and clarifying approval bodies and conditions. The proposed modifications are consistent with the User Fee Study that was approved and adopted by City Council on May 9, 2023.

Revise Section No. 17.02 Introduction and Definitions: This amendment clarifies the landscaping definition, adds a new definition for recreational vehicles, modifies the definition for group homes, and corrects the definition for drive-in and drive-through businesses for consistency.

Revise Sections No. 17.14.080 and 17.14.100 Fences, Walls, Hedges, and Dish Antennas: This amendment increases the maximum height of fences from 6 feet to 8 feet when adjacent properties differ in elevation or if other special circumstances exist. The other amendment allows corner lots to have fences no closer than five feet to the exterior side and rear property lines.

Revise Section No. 17.24 Parking Regulations: This amendment reduces the amount of required loading spaces for commercial uses that would require a loading space. One space will be required for every 25,000 square feet of floor area, however, that no more than four loading spaces will be required. This amendment also clarifies language and corrects inconsistencies within Title 17.

Revise Section No. 17.32.030 Development Standards for Residential Zones: Setbacks for accessory structures are listed as a note under this section of the Development Code. This amendment adds those setbacks to the Residential Development Standards Table No. 2-2 and eliminates the inconsistencies between setbacks of accessory structures and setbacks of carports. An amendment to this section will also be made to allow recreational vehicle parking in the residential side setbacks and prohibit portable storage containers within the front yard setback more than 30 days. Modifications to this section also include correcting outdated and inconsistent language.

Revise Section No. 17.40.020 Commercial and Industrial Zones Land Use Regulations and Allowable Uses and Section No. 17.44.020 Special Purpose Zones Land Use Regulations and Allowable Uses: This amendment modifies the permitted land uses within commercial and industrial zones. Staff considered the intent of these zones and updated the Allowed Uses and Permit Requirements for Commercial and Industrial Zones Table 2-25. The amendments will provide consistency with the General Plan, the Housing Element and State law. Moreover, they will facilitate development in an appropriate manner as needed to implement the Code reasonably and effectively in support of the goals and policies of the General Plan.

Revise Section No. 17.95 Wireless Communication Facilities: This amendment replaces “Small Project Application” with the new application name, “Minor Precise Plan of Design” throughout Section No. 17.95. This creates consistency with the 2023 User Fee Study approved by the City Council on May 9, 2023.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:

The Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in physical change in the environment. This proposal meets both of these criteria, and therefore is exempt from the requirements of CEQA. A Notice of Exemption will be filed upon adoption of the Development Code Amendment.

FINANCIAL IMPACT:

Taking any action with this application has no impact on the City’s General Fund.

PUBLIC NOTICING:

The public notice for this project was duly posted on September 30, 2023, in San Bernardino’s “The Sun” newspaper as well as in three public places (city hall, library, post office) as required by State law. Additionally, the notice was made available on the city’s website.

Bob Stewart, resident of Loma Linda, commented in favor of the proposed changes presented in this project. There have been no other written or oral comments received in opposition or in favor of Development Code Amendment No. P23-139.

Attachments
Attachment A - Ordinance DCA 23-139.pdf
ATTACHMENT A Council Bill O-2023-02
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA
LINDA, APPROVING DEVELOPMENT CODE AMENDMENT NO. P23-
139, WHICH AMENDS TITLE 17 (ZONING) OF THE LOMA LINDA

MUNICIPAL CODE BY STANDARDIZING ADMINISTRATIVE

PROCESSES, EXPANDING PERMITTED LAND USES, MODIFYING

FENCE REGULATIONS, AND CORRECTING CERTAIN

INCONSISTENCIES AND OUTDATED LANGUAGE THROUGHOUT
THE DEVELOPMENT CODE.

WHEREAS, the City of Loma Linda wishes to serve the public health, safety, and general welfare and preserve the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, the City of Loma Linda proposes to amend the Title 17 (Zoning) of the Loma Linda Municipal Code as set forth in Exhibit A; and,
WHEREAS, on September 6, 2023, the Planning Commission held a duly noticed public hearing on the proposed development code amendment and Ordinance, at which an oral and written presentation was made and comments received, and the Planning Commission made a recommendation to City Council to adopt the ordinance; and, WHEREAS, on October 4, 2023, the City Council conducted the first reading of the development code amendment and the second reading on _________, 2023 where they adopted the Ordinance, approving Development Code Amendment No. P23-139; and, WHEREAS, the Planning Commission and City Council reviewed the proposed amendments and finds that Development Code Amendment No. P23-139 is consistent with the Loma Linda General Plan, is not detrimental to the public health, safety, and general welfare, and is in conformity with good land use practice.

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

Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this ordinance are true and correct.

Section 2. Environmental Exemption. The Planning Commission recommends that the City Council determines that Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15061(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in a significant change to the environment.

Section 2. Approval. Planning Commission and City Council made a motion to adopt the ordinance approving Development Code Amendment No. P23-139, which amends Title 17 (Zoning) of the Loma Linda Municipal Code as indicated in “Exhibit A” and as referenced herein.

ATTACHMENT A
Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

Section 5. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted within fifteen (15) days from its passage pursuant to Government Code section 36933.

Section 6. Effective Date. This Ordinance shall be in fullforce and effective a minimum of thirty (30) days after passage.

This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 4
th day of October 2023 and was adopted on the day of
2023 by the following vote to wit:

Ayes:

Noes:

Absent:

Abstain:

Phil Dupper, Mayor
Attest:

Lynette Arreola, City Clerk
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Joint Public Hearing - Sale and Transfer of 25615 Prospect Avenue - Housing Affordability Program Joint Public Hearing between City Council and Housing Authority pertaining to the sale and transfer of 25615 Prospect Avenue from Chowdhury Ahmed and Farjana Hoq to Juan and Christina Sanchez
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Scheduled and Related Items Item: D
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
Approved/Continued/Denied
by City Council
Date:

RECOMMENDATION:

It is recommended that the Housing Authority Board adopt LLHA Bill #R-2023-04 and the City Council adopt Council Bill #R2023-37 authorizing the sale and transfer of 25615 Prospect Avenue under the terms and conditions outlined in the draft Assumption Agreement attached hereto.

BACKGROUND:

The owner of 25615 Prospect Avenue purchased the home in September 2014 from the Housing Authority. The sale of the property by the Authority for use as affordable housing was subject to existing long-term affordability covenants, all as more particularly set forth in the Assumption Agreement. However, the owner anticipates a job transfer to another state which facilitates the family's sale and transfer of the property.

The Housing Authority accepted applications from families desiring affordable housing assistance. The Sanchez family completed the appropriate applications and provided the necessary documentation to verify their qualification in the Housing Authority's affordable housing program. They have inspected the property and have agreed to the terms and conditions in the Assumption Agreement and the affordability covenants to which the property is subject. They will be assuming the responsibilities of the current owner of the home and those additionally outlined in the attached Agreement.

ANALYSIS:

The current owner has continued to meet the obligation outlined in the original agreement and affordability covenants. The transfer and sale of this property will allow those obligations to continue to be met by the new owner. There will be no interruption in the payment made to the Housing Authority.

ENVIRONMENTAL IMPACT:

None.

Attachments
CC Res Sanchez - LLHA Bill R-2023-04.pdf
CC Res Sanchez - Council Bill R-2023-37.pdf
FINANCIAL IMPACT:

Account No. 1801800-58835 - Minor costs related to legal and title charges to conclude the transaction.

Note: The Assumption Agreement for the Sale and Transfer is attached to the Housing Authority Staff Report.

RESOLUTION NO.

A RESOLUTION OF THE LOMA LINDA HOUSING AUTHORITY APPROVING AN

AGREEMENT FOR THE DISPOSITION OF PROPERTY FOR AFFORDABLE

HOUSING USE WITH JUAN SANCHEZ AND CHRISTINA SANCHEZ
(25615 Prospect Avenue)
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Loma Linda Redevelopment Agency (the "Redevelopment Agency'') to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate-income, lower income, and very low income; and
WHEREAS, pursuant to applicable law the Redevelopment Agency established a Low and Moderate Income Housing Fund (the "Housing Fund") and acquired certain property with the purpose ofusing such property for the provision of affordable housing; and WHEREAS, by ABxl 26 enacted by the California Legislature during 2011 (the "2011 Dissolution Act"), the California Legislative eliminated every redevelopment agency within the State ofCalifornia, including without limitation the Redevelopment Agency; and WHEREAS, the 2011 Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city; and
WHEREAS, the City Council of the City of Loma Linda ("City") activated a housing authority, the Loma Linda Housing Authority (the "Authority") within the corporate limits of the City, and designated the Authority as the housing entity to receive the housing assets of the former Redevelopment Agency; and
WHEREAS, pursuant to the 2011 Dissolution Act, an oversight board ("Oversight Board") has been established to oversee the wind-up of the activities of the Redevelopment Agency. At its meeting of March 20, 2012, by its Resolution No. 2012-004, the Oversight Board approved and affirmed the transfer of the housing assets of the Redevelopment Agency, including without limitation the Site, to the Authority; and
WHEREAS, the Redevelopment Agency utilized moneys from its Housing Fund in connection with the development of certain property, including without limitation a single-family residence located at 25615 Prospect Avenue (the "Site"); and WHEREAS, the Site was developed and was sold for occupancy to a household having an income of not greater than eighty percent ofmedian income (a "Low Income Household") at a price which was not in excess of "Affordable Housing Cost'' for a "Low Income Household" as affordable housing cost is determined pursuant to Health and Safety Code Section 50052.5, all as further set
LLHA Bill #R-2023-04
Resolution No.

Page 2 ends

forth in covenants recorded as to the Site which restrict its use to occupancy as affordable housing by Low Income Households; and
WHEREAS, the Authority subsequently reacquired the Site from a private party, which Site remains improved with a single-family residence and is available for occupancy; and WHEREAS, Juan Sanchez and Christina Sanchez, husband and wife (collectively, "Homebuyer'') have offered to enter into an agreement with the Authority substantially in the form submitted herewith (the "Agreement'') under which Homebuyer will purchase the Site, which is a single-family residence located at 25615 Prospect Avenue, for the purpose ofresiding at the Site; and WHEREAS, Authority staff has determined that Homebuyer is a Low Income Household and that the price and terms under which the Site would be sold to Homebuyer under the Agreement does not exceed Affordable Housing Cost; and
WHEREAS, the Authority has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions ofapplicable State and local law requirements; and
WHEREAS, a joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed; and
WHEREAS, on October 10, 2023, the governing board of the Authority and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Authority has reviewed the Staff Report and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder; and WHEREAS, the Homebuyer acknowledges that the use of the Site will be as an owneroccupied residence, all as more particularly provided in the Agreement; and WHEREAS, under the Agreement, Authority would sell the Site to the Homebuyer under a form of deed (the "Authority Deed") which includes long-term affordability covenants limiting the use ofproperty to affordable housing, or which acknowledges affordability covenants of record as to the Site; and
WHEREAS, the Authority has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements; and
Resolution No.

Page 3 ends

WHEREAS, the purchase price to be received by the Authority under the Agreement is not less than the fair reuse value of the Site, as determined by a reuse value analysis prepared for the Authority by Community Advisors, a consultant retained by the Authority; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believes that the sale of the Site pursuant to the Agreement is in the best interests of the City of Loma Linda and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.

NOW, THEREFORE, THE LOMA LINDA HOUSING AUTHORITY DOES RESOLVE AS FOLLOWS:

Section 1. The Authority finds and determines that the statements set forth in the Recitals above are true and correct.

Section 2. The Authority finds and determines, based upon substantial evidence provided in the record before it: the consideration for the Authority's disposition of the Site by sale pursuant to the terms and conditions of the Agreement, particularly including long-term affordability covenants, is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement.

Section 3. The Authority hereby finds and determines that the disposition by sale of the Site by the Authority pursuant to the Agreement will further the achievement of the Authority's affordable housing objectives and is consistent with furthering the affordable housing objectives of the former Redevelopment Agency within a redevelopment project area.

Section 4. The Authority finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority's sale of the Site pursuant to the terms and conditions of the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement.

Section 5. The Authority hereby finds and determines that the Agreement is consistent with the provisions and goals of the Implementation Plan, as provided for pursuant to Health and Safety Code Section 33490, as previously adopted by the Redevelopment Agency.

Section 6. The Authority hereby approves the Agreement in substantially the form presented to the Authority, subject to such revisions as may be made by the Executive Director of the Authority or his designee. The Executive Director of the Authority is hereby authorized to execute the Agreement (including without limitation all attachments thereto) on behalf of the Authority, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the Authority, be placed on file in the office of the Secretary of the Authority.

Resolution No.

Page4
Section 7. The Executive Director of the Authority ( or his designee) is hereby authorized, on behalf ofthe Authority, to make revisions to the Agreement which do not materially or substantially increase the Authority's obligations thereunder or materially or substantially change the uses or development permitted on the Site, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreement and related documents.

APPROVED AND ADOPTED this 10th day of October 2023, by the following vote:

Ayes:

Noes:

Absent:

By:

Phillip Dupper, Chairman
ATTEST:

Lynette Arreola, Authority Secretary
RESOLUTION NO.

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

CONSENTING TO THE APPROVAL BY THE LOMA LINDA HOUSING AUTHORITY

OF AN AGREEMENT FOR THE DISPOSITION OF PROPERTY

FOR AFFORDABLE HOUSING USE WITH JUAN SANCHEZ AND CHRISTINA

SANCHEZ
(25615 Prospect Avenue)
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 formerly authorized and directed the Loma Linda Redevelopment Agency (the "Redevelopment Agency") to expend a certain percentage of all taxes which are allocated to the Redevelopment Agency pursuant to Section 33670 of the California Health and Safety Code for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low- and moderate-income, lower income, and very low income; and
WHEREAS, pursuant to applicable law the Redevelopment Agency established a Low and Moderate Income Housing Fund (the "Housing Fund") and acquired certain property with the purpose of using such property for the provision ofaffordable housing; and WHEREAS, by ABxl 26 enacted by the California Legislature during 2011 (the "2011 Dissolution Act''), the California Legislative eliminated every redevelopment agency within the State ofCalifornia, including without limitation the Redevelopment Agency; and WHEREAS, the 2011 Dissolution Act provides, in part, that the host city of a redevelopment agency was to designate a housing entity to receive the housing assets of the former redevelopment agency within such city; and
WHEREAS, the City Council of the City of Loma Linda ("City") activated a housing authority, the Loma Linda Housing Authority (the "Authority") within the corporate limits of the City, and designated the Authority as the housing entity to receive the housing assets of the former Redevelopment Agency; and
WHEREAS, pursuant to the 2011 Dissolution Act, an oversight board ("Oversight Board") has been established to oversee the wind-up of the activities of the Redevelopment Agency. At its meeting of March 20, 2012, by its Resolution No. 2012-004, the Oversight Board approved and affirmed the transfer of the housing assets of the Redevelopment Agency, including without limitation the "Site" (as defined below), to the Authority; and WHEREAS, the Redevelopment Agency utilized moneys from its Housing Fund in connection with the development of certain property, including without limitation a single-family residence located at 25615 Prospect Avenue (the "Site"); and WHEREAS, the Site was developed and was sold for occupancy to a household having an income of not greater than eighty percent ofmedian income (a "Low Income Household") at a price which was not in excess of "Affordable Housing Cost" for a "Low Income Household" as affordable housing cost is determined pursuant to Health and Safety Code Section 50052.5, all as further set Council Bill #R-2023-37
Resolution No.

Page 2 ends

forth in covenants recorded as to the Site which restrict its use to occupancy as affordable housing by Low Income Households; and
WHEREAS, the Authority subsequently reacquired the Site from a private party, which Site remains improved with a single-family residence and is available for occupancy; and WHEREAS, Juan Sanchez and Christina Sanchez, husband and wife (collectively, ''Homebuyer'') have offered to enter into an agreement with the Authority substantially in the form submitted herewith (the "Agreement") under which Homebuyer will purchase the Site, which is a single-family residence located at 25615 Prospect Avenue, for the purpose of residing at the Site; and
WHEREAS, Authority staffhas determined that Homebuyer is a Low Income Household and that the price and terms under which the Site would be sold to Homebuyer under the Agreement does not exceed Affordable Housing Cost; and
WHEREAS, the Authority has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements; and
WHEREAS, a joint public hearing of the Authority and City Council on the proposed Agreement was duly noticed; and
WHEREAS, on October 10, 2023, the governing board of the Authority and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Authority reviewed and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council has reviewed the Staff Report and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder; and WHEREAS, the Homebuyer acknowledges that the use of the Site will be as an owneroccupied residence, all as more particularly provided in the Agreement; and WHEREAS, under the Agreement, Authority would sell the Site to the Homebuyer under a form of deed (the "Authority Deed") which includes long-term affordability covenants limiting the use of property to affordable housing, or which acknowledges affordability covenants of record as to the Site; and
WHEREAS, the Site is subject to a deed of trust (the "City Deed of Trust") in favor of the City of Loma Linda (the "City") as beneficiary as security for repayment of certain moneys earlier loaned by the City; and
Resolution No.

Page3
WHEREAS, the proposed sale of the Site will not generate moneys at closing sufficient to eliminate or materially reduce obligations to the City, and the City, in cooperation with the Authority to further the implementation of the affordable housing activities of the Authority, is agreeable to releasing the Site from the effect of the City Deed of Trust on the terms more fully set forth in the Agreement; and
WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Authority and the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements; and
WHEREAS, the purchase price to be received by the Authority under the Agreement is not less than the fair reuse value of the Site, as determined by a reuse value analysis prepared for the Authority by Community Advisors, a consultant retained by the Authority; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the Authority and the City Council have duly considered all of the terms and conditions of the proposed Agreement and believes that the sale of the Site pursuant to the Agreement is in the best interests of the City of Loma Linda and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.

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

Section 1. The City Council finds and determines that the statements set forth in the Recitals above are true and correct.

Section 2. The City Council finds and determines, based upon substantial evidence provided in the record before it: the consideration for the Authority's disposition of the Site by sale pursuant to the terms and conditions of the Agreement, particularly including long-term affordability covenants, is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement.

Section 3. The City Council hereby finds and determines that the disposition by sale of the Site by the Authority pursuant to the Agreement will further the achievement of the Authority's affordable housing objectives and is consistent with furthering the affordable housing objectives of the former Redevelopment Agency within a redevelopment project area.

Section 4. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Authority's sale of the Site pursuant to the terms and conditions of the Agreement is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the Agreement.

Resolution No.

Page4
Section 5. The City Council hereby finds and determines that the Agreement is consistent with the provisions and goals of the Implementation Plan, as provided for pursuant to Health and Safety Code Section33490, as previously adopted by the Redevelopment Agency.

Section 6. The City Council hereby consents to the approval by the Authority of the Agreement in substantially the form presented to the City Council, subject to such revisions as may be made by the ExecutiveDirector oftheAuthority or his designee.

Section 7. The City Council approves the release of the Site from the effect of the City Deed of Trust and authorizes and directs the City Manager to execute such instruments as are necessary or convenient to effectuate such release. In addition, the City Manager is authorized to execute a quitclaim or other instrument as may be necessary or convenient to facilitate the conveyance of the Site to the Homebuyer as provided under the Agreement.

APPROVED AND ADOPTED this 10th day of Ocotober, 2023, by the following vote:

Ayes:

Noes:

Absent:

By:

Phillip Dupper, Mayor Pro Tempore
ATTEST:

Lynette Arreola, City Clerk
City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Demands Registers - September 26 and October 10, 2023
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: A
To
City Council
From
Sonia Fabela, Finance Director
Via
T Jarb Thaipejr, City Manager
Attachments
CC - Demands Register 09-26-2023.pdf
CC Demands Register 10-10-23.pdf
Recommendations
It is recommended that the City Council approve the attached list of demands for payment.

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Approval of Minutes September 12, 2023
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: B
To
City Council
From
Lynette Arreola, City Clerk
Attachments
Regular City Council-9-13-2023-minutesDraft.pdf
Approval of Minutes for Regular City Council held on September 12, 2023 **The Following Document is a draft of the minutes and not the official approved minutes**
Minutes for the Regular City Council meeting
25541 Barton Road, Loma Linda, CA, 92354.

September 12, 2023, 7:06 PM - September 12, 2023, 7:34 PM Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Bhavin Jindal, Councilmember
John Lenart, Councilmember
Rhodes Rigsby, Councilmember

1. Call to Order
1A. Call to Order - 7:06 PM
1B. Roll Call - 7:07 PM

Absent:

Staff Present:
1C. Closed Session/Workshop - 7:07 PM
None.
1D. Invocation and Pledge of Allegiance - Councilman Lenart - 7:07 PM (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief, non-sectarian invocation. Such invocations are not intended to proselytize or advance anyone, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) 1E. Items to be Added or Deleted - 7:08 PM
None.
1F. Oral Reports/Public Participation - Non-Agenda Items - 7:08 PM No public participation upon invitation of the Mayor.

Ronald Dailey, Mayor pro tempore
T Jarb Thaipejr, City Manager
Diane Robbins, City Attorney
Lynette Arreola, City Clerk
Lorena Matarrita, Community Development Director
Nicole Campbell, Associate Planner
Sonia Fabela, Finance Director
Nate Boucher, Fire Battalion Chief
Lt. Kaysie Smith, San Bernardino County Sheriff's Department 1G. Conflict of Interest Disclosure - 7:09 PM
Conflicts of interest will be disclosed when a conflict arises.

2. Scheduled and Related Items
2A. PUBLIC HEARING - Development Code Amendment No. P23-155 and Adopt Council Bill #O-2023-03 - 7:09 PM
Public Hearing - Development Code Amendment No. P23-155, a request to amend Title 17 (Zoning) of the Loma Linda Municipal Code, to establish a reasonable accommodation ordinance.

Lorena Matarrita introduced Associate Planner, Nicole Campbell to the Council.

Associate Planner Campbell presented the report into evidence, explaining that the approval of the code amendment would add a new section to Title 17 of the Loma Linda Municipal Code establishing procedures for processing reasonable accommodation requests, which would apply to homeowners making modifications to their residences. She stated that this would bring the City into compliance with Federal and State laws, which require local governments to make accommodations for individuals with disabilities; and that it would meet the goals of the 2021-2029 Loma Linda Housing Element by establishing a ministerial process for reviewing requests for reasonable accommodations.

In response to Council questions, Associate Planner Campbell explained that the code amendment was for the purpose of the Americans with Disabilities Act (ADA); that it was not tied to income levels; and that the code amendment could apply to businesses, but that businesses are covered by ADA Federal laws.

The public hearing was open and closed with no public participation upon the invitation of the Mayor.

City Attorney Robbins clarified the action for Council Bill #O-2023-03 will be to introduce to first reading and set the second reading to October 10, 2023.

Motion by Bhavin Jindal, seconded by John Lenart, and with a passing vote of 4-0-0-0, To Approve the agenda item(s) as follows:

To DETERMINE that the Development Code Amendment is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that do not result in a significant change to the environment, and; To INTRODUCE on First Reading and set for second hearing on October 10, 2023, Council Bill #O-2023-03, an Ordinance to update Title 17 (Zoning) of the Loma Linda Municipal Code and establish a reasonable accommodation ordinance in compliance with Federal and State Law that will provide flexibility in the application of the Development Code standards in order to provide individuals with disabilities an equal opportunity to housing (Development Code Amendment No. P23-155).

3. Consent Calendar
Councilman Jindal asked how long the work by Lockheed Martin would continue. In response, City Manager Thaipejr stated that it would be in perpetuity.

Motion by John Lenart, seconded by Bhavin Jindal, and with a passing vote of 4-0-0-0, To Approve the agenda item(s) as follows:

The Consent Calendar as submitted.
3A. Demands Registers -
Approve Demands Registers dated August 22, 2023 and September 12, 2023 Approved the Demands Register dated:
3B. Minutes for Approval - August 8, 2023 -
Approved Minutes of August 8, 2023, as submitted.
3C. Treasurer’s Report – August 2023 -
Treasurer's Report for the month of August 2023.

Accepted for filing the Treasurer's Report for August 2023. 3D. Fire Department’s Activity Report – August 2023 -
Fire Department Activity Report for the month of August 2023 Accepted for filing the Fire Department's Activity Report for August 2023. 3E. Appropriate Funds and Award Contract for Installation of Waterline at Campus Street - Appropriate $77,000.00 from Water Enterprise Fund Balance into Account No. 4657010-51300 and Award Contract to MCC Equipment Rentals, Inc., for Installation of Waterline at Campus Street for $142,780.00 (CIP 23-667) Appropriated $77,000.00 from Water Enterprise Fund Balance into account no. 4657010-51300 and Awarded a contract to MCC Equipment Rentals, Inc., for $142,780.00 for the installation of a waterline at Campus St. (CIP 23-667).
3F. Award Contract for Rehabilitation of Richardson Well #5 - Award contract to Tri County Pump Co. for Rehabilitation of Richardson Well No. 5 for $24,077.29 (CIP 23-665) Awarded contract to Tri County Pump Co. for $24,077.29 for Rehabilitation of Richardson Well #5 (CIP 23-665).
3G. Award Contract to Replace City Server -
Request to Award Contract to SHI for $32,354.00 for replacement of City Server hardware.

Awarded contract to SHI for $32,354.00 to replace the City server hardware. 3H. Award Contract for the Replacement of City Backup Storage Hardware - Request to Award Contract to SHI for $7,053.88 for the replacement of city backup storage hardware Awarded contract to SHI for $7,053.88 for the replacement of the City backup storage hardware. 3I. Agreement with Lockheed Martin Corporation for Temporary Above Ground Water Tank for Sampling Purge Water -
Approve Agreement between the City of Loma of Loma Linda and Lockheed Martin Corporation to allow Lockheed Martin to place a temporary above-ground water tank (approximately 5,000-gallon upright poly tank) on the City's property Approved the Agreement with Lockheed Martin Corporation for the temporary above-ground water tank for sampling purge water.
3J. Request to Amend the Agreement for Consultant Services with Planning PLUS/P+ - Request to amend the Agreement for Consultant Services between the City of Loma Linda and Planning PLUS/P+ Consulting Services (3rd Change Order).

Amended the Agreement for consultant services with Planning Plus/P+

4. Old Business
No Items
August 22, 2023, with commercial demands totaling $2,691,180.77 and payroll demands dated August 16, 2023, totaling $396,065.70; and
September 12, 2023, with commercial demands totaling $1,463,077.98, and payroll demands dated August 31, 2023, totaling $372,691.66.

5. New Business
5A. Appoint City Council Member to the San Bernardino County Transportation Authority (SBCTA) - 7:24 PM
Appoint a new delegate and alternate, if necessary, to the San Bernardino County Transportation Authority (SBCTA).

Mayor Dupper noted that Councilman Rigsby would be resigning his position as the delegate for SBCTA due to work obligations. He was open for nominations.

Councilman Jindal pointed out that he has been the alternate for three years and has attended all SBCTA meetings for the past 5 years. He stated that he has been very active and in tune with the actions of the Board. He noted that since the Council will be scheduling the Board and Committee appointments in a few months, he requested to move from alternate to delegate and Councilman Dailey be appointed as the alternate until the formal appointments by the City Council.

It was the consensus of the City Council to appoint Councilman Jindal as the Delegate and Councilman Ronald Dailey as the Alternate for SBCTA.

6. Reports
6A. Reports of Council Members - 7:27 PM
Councilman Jindal received an anonymous complaint regarding the lack of available sandbags during the recent storm. Mayor Dupper pointed out that he remained in communication with the Fire Chief while the City Manager was out of the country. He explained that the City made timely requests for sandbags, but, due to the demand, there were limited sandbags the City received. Those bags were made available to city residents.

Councilman Jindal confirmed that the City replaced the tree that was removed on Richmont Rd. He noted Assemblymember Reyes was accepting nominations for the annual 30 under 30 ceremony and encouraged staff and Council to submit nominations. He also asked for the City to honor at the next meeting the Unforgettables for their 25 years of service.

Mayor Dupper noted that he and the City Manager will be attending the League of California Cities Conference later in the month.
6B. Reports Of Officers - 7:33 PM
City Manager Thaipejr stated that the traffic signal at California St. and Citrus Ave. is operational and that construction will commence for the slurry seal and the pavement rehabilitation projects.

7. Adjournment
No Items
City of Loma Linda
Regular City Council Staff Report
Prepared By: Sonia Fabela
Treasurer's Report - September 2023
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: C
To
City Council
From
Sonia Fabela, Finance Director
Via
T Jarb Thaipejr, City Manager
Attachments
Sept 23 TREAS REPORT.pdf
Recommendations
It is recommended that the City Council receive the report fo filing.

DEMAND DEPOSIT ACCOUNTS

CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 2,811,742.38 Outstanding Checks as of month-end (851,937.95)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,959,804.43 $ BANK OF AMERICA - PAYROLL $ 8,528.16
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 183,853.79 Outstanding Checks as of month-end (70.70)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 183,783.09 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 193,176.05 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 193,176.05 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 2,345,291.73
YIELD

LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 3.534% $ 49,987,546.21
CITY - Former RDA Bond Proceeds 3.534% 919,604.93
CITY -Total 50,907,151.14
SUCCESSOR RDA 3.534% 178,399.02
HOUSING AUTHORITY 3.534% 1,338,210.82
INVESTMENTS TOTALS $ 52,423,760.98

OTHER CASH

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

CASH AND INVESTMENTS - GRAND TOTAL 54,770,902.71
PREVIOUS MONTH 56,848,660.34
CHANGE +/(-) $ (2,077,757.63)
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
September 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 9/22 10/22 11/22 12/22 1/23 2/23 3/23 4/23 5/23 6/23 7/23 8/23 9/23

CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 9/22-9/23

CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Regular City Council Staff Report
Prepared By: Nataly Alvizar
Fire Department's Activity Report - September 2023
September 2023 Fire Department Activity Report
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: D
To
City Council
From
Dan Harker, Fire Chief
Via
T Jarb Thaipejr, City Manager
Attachments
September 2023 Fire Department Activity Report.pdf
Recommendations:

It is recommended that the City Council receive the report fo filing. 1 of 1
SUBJECT: September 2023 Fire Department Activity Report Operations Division:

The Fire Department’s Operations Division responded to 424 incidents in September 2023. Of the 424 incidents, 20 calls were given in Mutual/Automatic Aid. The alarm types are broken down as follows:

Fire & Rescue Month YTD
Medical Aid (MA) 320 75.5% 2551 65.2%
Traffic Collision (TC) 3 0.7% 118 3.0%
MA + TC 323 76.2% 2669 68.2%
Hazardous Conditions 5 2.40% 23 0.7%
Hazardous Material 0 0.40% 13 0.4%
Public Assistance 16 6.90% 191 5.50%
Rescue 3 0.90% 22 0.60%
Structure Fire 2 2.10% 36 1.00%
Cooking 2 0.00% 2 0.10%
Vegetation Fire 0 0.40% 24 0.70%
Vehicle Fire 1 0.00% 4 0.10%
Refuse Fire 9 1.10% 48 1.40%
All Fires 14 3.60% 114 3.30%
Good Intent/Dispatched
& Cancelled Enroute 32 7.5% 408 10.5%
Fire Alarm Activation* 11 2.6% 124 3.2%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.

City of Loma Linda
Regular City Council Staff Report
Prepared By: Jeff Peterson
Award a Contract for Installation of Generator Electrical Wiring Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: E
From
T Jarb Thaipejr, City Manager
Attachments
Electrical Wiring Generator 2023A.pdf
Installation of electrical wiring for new generator (CIP 21-858).pdf Approved/Continued/Denied
by City Council
Date:

RECOMMENDATION:

It is recommended that the City Council award a contract for the installation of electrical wiring for a new generator to Mac GC-Electric of San Diego, CA in the amount of $68,314.00, and approve a contingency amount of $6,800.00.

BACKGROUND:

In August 2021, the City Council awarded a contract to purchase a generator for emergency power usage at City Hall. This generator has been delivered for installation and needs an electrical wiring connection. On July 11, 2023, the City Council rejected all bids for a similar project and directed staff to redesign the project to reduce the cost. The bids received at that time were well north of $400,000.

ANALYSIS:

Three (3) bids were received and publicly opened on October 3, 2023. Bids ranged from a low of $68,314.00 to a high of $302,760.00 (see attached bid summary). The low bidder has been checked for references and found to be in good standing. It is not unusual for a construction project to experience the need to add or reduce the quantities of work items or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Therefore, Staff recommends an allocation of $6,800.00 (±10% of the contract) for such circumstances.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding is available in Account No. 3162350-58250.

City of Loma Linda
Bid Opening October 3, 2023
CIP 21-858 - Electrical Wiring Generator Engineer Estimate Mac GC-Electric Item No. DESCRIPTION UNIT QUANTITY TOTAL TOTAL
1 Install Electrical Wiring Generator L.S. 1 $80,000.00 $68,314.00 Total $80,000.00 $68,314.00
R2B Engineering Premo Construction Inc.

Item No. DESCRIPTION UNIT QUANTITY TOTAL TOTAL
1 Install Electrical Wiring Generator L.S. 1 $234,000.00 $302,760.00 Total $234,000.00 $302,760.00
City of Loma Linda
Construction Inc.

AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of October, 2023, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and Mac GCElectric, hereinafter called CONTRACTOR.

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

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

INSTALLATION OF ELECTRICAL WIRING FOR A NEW GENERATOR
In accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefore, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.

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

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

ARTICLE IV: The Notice Inviting Bids, Instructions to Bidders, proposal, Certificate of Non Discrimination by Contractors, Non-collusion Affidavits, Specifications, Drawings, and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.
2 THE CITY OF LOMA LINDA, CALIFORNIA
(CITY)
BY:
__________________________________________
ATTEST:

BY: _________________________________________ SEAL
Lynette Arreola, City Clerk
_______________________________________
Contractor
BY: ___________________________________
(Signature)
_______________________________________
(Printed Name/Title)
ATTEST:

BY: ___________________________________
(Signature)
_______________________________________
(Printed Name/Title)
3 FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,
THAT as Contractor,
and as Surety,
are held and firmly bound unto the CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Project Specifications titled:

INSTALLATION OF ELECTRICAL WIRING FOR A NEW GENERATOR
NOW THEREFORE, if said Contractor shall perform all the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.

SIGNED AND SEALED, this day of , 2023.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
4 LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS,
THAT as Contractor, and
as Surety, are held firmly bound unto THE CITY OF LOMA
LINDA, a MUNICIPAL CORPORATION, hereinafter called City, in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Project Specifications titled:

INSTALLATION OF ELECTRICAL WIRING FOR A NEW GENERATOR
NOW THEREFORE, if said Contractor, or Subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. Surety shall indemnify the City of Loma Linda against non-payment to subcontractors resulting in litigation. This bond shall insure to the benefit of any persons, companies, or corporations entitle to file claims under applicable State law.

PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.

SIGNED AND SEALED, this day of , 2023.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
5 WORKER’S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract.

Date:

Contractor
By:

Signature

Title
Attest:

By:

Signature

Title
City of Loma Linda
Regular City Council Staff Report
Prepared By: Julia Loeffert
Appropriate $88,200.00 and Approve a Change Order to the contract for In-Line Valve Installation (CIP 22-666) Supplemental Appropriation $88,200.00 from Water Utility Operations Fund Balance into Account No. 4657010-58500 and Approve a Change Order to the contract for In-Line Valve Installation (CIP 22-666) Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: F
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council approve a supplemental appropriation, in the amount of $88,200.00 from the Water Utility Operations Fund Balance into Account No. 4657010-58500; approve a change order for $80,100.00 for an in-line valve installation on Mountain View Avenue by GCI Construction, Inc.; and authorize a contingency allocation of $8,100.

City staff will provide inspection and project management.

BACKGROUND:

In April of this year, the City Council awarded a contract to GCI Construction, Inc. to replace the pressure-reducing valve on Mountain View Avenue. During the replacement, it was discovered that the pipeline lacked a valve to turn off the water. The contractor was requested to provide a cost to install the needed valve.

ANALYSIS:

The contractor provided a time and materials cost for this extra work. This cost is reasonable and consistent with similar work of this type. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project.

Additionally, this is a very favorable bid, therefore, staff recommends an allocation of ±10% of the construction amount ($8,100.00) for a contingency allocation.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Supplemental appropriation in the amount of $88,200.00 into Account No. 4657010-58500 then funding is available.

City of Loma Linda
Regular City Council Staff Report
Prepared By: Jeff Peterson
Appropriate $30,000.00 and Award Contract for Security Camera Acquisition Appropriate $30,000.00 into Acct. No. 1355430-58220 and Award Contract for Security Camera Acquisition.

Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: G
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council appropriate $30,000.00 into Account No. 1355430-58220 and then award a contract to Security Lines US of Van Nuys, CA for $27,126.06 to purchase five (5) security cameras.

BACKGROUND:

Vandalism and other criminal activities continue to plague our city parks. These pan/tilt/zoom cameras have been shown to be highly effective in identifying vehicles and individuals that may be involved either as a perpetrator or victim.

ANALYSIS:

The City Manager was provided a demonstration of a custom made security surveillance system at the California League of Cities conference in Sacramento this year. The Field Superintendent was then offered the same impressive demonstration and both agreed to recommend setting up a demonstration project of this unique, sole source, product. The Citizens Option for Public Safety Grant is available to cover the cost of the project. It is recommended that cameras be set at the Baseball Field Park, Elmer Digneo Park, Hulda Crooks Park, and Citrus Trail Park. City staff will install the cameras.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Appropriate $30,000.00 into Account No. 1355430-58220 and then funding is available in Account No. 1355430-58220.

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Approve MOU with San Bernardino County Health Dept. for SB 1383 Edible Food Recovery Enforcement Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: H
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied
by City Council
Date:

RECOMMENDATION:

It is recommended that the City Council approve a Memorandum of Understanding with San Bernardino County Public Health Environmental Health Services for SB 1383 Edible Food Recovery Inspection and Enforcement.

BACKGROUND:

San Bernardino County Public Health Environmental Health Services currently inspects commercial edible food generators, i.e. restaurants and grocery stores. Staff has reached out to discover that County staff is open to including our SB 1383 edible food recovery inspection and enforcement State-mandated requirements with their existing inspection programs.

This will include inspections, data gathering, and maintenance, education and outreach as well as possible enforcement actions.

ANALYSIS:

A typical Memorandum of Understanding has been drafted and reviewed by both the City and County, including the City Attorney and found to be acceptable. Fees will be generated and collected by the County in accordance with the existing fee structure for the same work within the County. Any additional city-requested work item will be paid for by the City on an individual hourly fee basis as prescribed in the County Fee Ordinance for such category of services.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

N/A
Attachments
CON-DPH-01-10-23-MOU Food Recovery (final).pdf

Page 1 of 6 ends

INSERT DOCUMENT SERIAL NUMBER

MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Public Health
Environmental Health Services
And
City of Loma Linda
For
Environmental Health Services
OCTOBER 10, 2023
This Memorandum of Understanding (MOU) is made and entered into by and between San Bernardino County Department of Public Health, Environmental Health Services Division (County) and the City of Loma Linda (City).

This MOU addresses the procedures to be followed by the County and the City for the provision of environmental health services in the City’s incorporated areas.

IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, The County desires to provide environmental health services in the areas designated below; and WHEREAS, City desires the provision of environmental health services in the areas designated below; and WHEREAS, County is qualified to provide the environmental health services designated below; and WHEREAS, City desires that such services be provided by the County, and the County agrees to perform these services as set forth below;
NOW THEREFORE, County and City mutually agree to the following items and conditions:

Page 2 of 6 ends

TABLE OF CONTENTS
I. DEFINITIONS………………………………………………………………………………………………3
II. COUNTY RESPONSIBILITIES……………..……………………………………………………………4 III. CITY RESPONSIBILITIES……………….……………………………………………………………….4 IV. MUTUAL RESPONSIBILITIES…………………………………………………………………………..4 V. FISCAL PROVISIONS…………………………………………………………………………………….5
VI. TERM………………………………………………………………………………………………………..5
VII. EARLY TERMINATION…………………………………………………………………………………...6 VIII. GENERAL PROVISIONS…………………………………………………………………………………6 IX. CONCLUSION……………………………………………………………………………………………...6

ATTACHMENT
ATTACHMENT A – Schedule of Services

Page 3 of 6 ends

I. DEFINITIONS
a. COMMERCIAL EDIBLE FOOD GENERATOR: Includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 33.1503 of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
b. EDIBLE FOOD: Food intended for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of County Ordinance 4434 or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in County Ordinance 4434, or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
c. EDIBLE FOOD RECOVERY: Actions to collect, receive, and/or redistribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.
d. ENFORCEMENT ACTION: An action of San Bernardino County, Department of Public Health, Division of Environmental Health Services (DEHS) or its Enforcement Officers to address noncompliance with County Ordinance 4434 including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
e. FOOD DISTRIBUTOR: A company that distributes food to entities including, but not limited to, supermarkets and grocery stores.
f. FOOD FACILITY: An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. g. FOOD RECOVERY: Actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). h. FOOD RECOVERY ORGANIZATION: An entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code, which is:
(a) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code, and
(b) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

2. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this County Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
i. FOOD RECOVERY SERVICE: A Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of County Ordinance 4434 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

Page 4 of 6 ends

j. INSPECTION: For the purposes of Edible Food Recovery, actions to review contracts and other records related to the recovery of Edible Food and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of County Ordinance 4434.

II. COUNTY RESPONSIBILITIES
A. The County offers the following services to incorporated cities. The County will provide to the City those specific services selected from this list and as set forth in San Bernardino County Code Title 3, Division 15, County Ordinance 4434, as provided in the Schedule of Services (Attachment A).

1. Conduct inspections of Commercial Edible Food Generators to monitor compliance with SB 1383 requirements and to gather data for jurisdiction reporting purposes during inspections.

2. Gather data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations.

3. Maintain up-to-date information available to the City regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within its jurisdiction upon request.

4. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing administrative citations, notice of violation, fines, penalties, or using other remedies.

B. During the term of this MOU, the County Enforcement Officers and their deputies shall exercise the same powers and duties, including methods of enforcement, within the jurisdiction of the City as are conferred upon such officers by law as County officers. The County officers and their deputies shall enforce all provisions of the County Code relating to those services provided.

C. For purposes of this MOU, the jurisdiction of the City encompasses only the incorporated areas of the City and does not extend to spheres of influence.

III. CITY RESPONSIBILITIES
Compensate County as provided in Fiscal Provisions (Section V).

IV. MUTUAL RESPONSIBILITIES
A. In the performance of this MOU, County, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of this City.

B. Indemnification

1. The City agrees to indemnify, defend, and hold harmless the County and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of its negligent acts or omissions in performing its obligations under this MOU.

Page 5 of 6 ends

2. The County agrees to indemnify and hold harmless the City, its officers, agents, and volunteers from any and all claims, actions or losses, damages and/or liability resulting from the County’s negligent acts or omissions in performing its obligations under this MOU.

3. In the event the County and City are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this MOU, the County and City shall each indemnify the other to the extent of its comparative fault or negligence.

C. Insurance

1. County and City are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Worker’s Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms and conditions of this MOU.

2. The City shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the City or the City’s employees or agents from waiving the right of subrogation prior to a loss or claim. The City hereby waives all rights of subrogation against the County.

3. Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to, and approved by, County’s Risk Management.

D. In the event of any dispute hereunder, each Party to this MOU shall bear its own attorney’s fees and costs regardless of who prevails in the outcome of the dispute.

V. FISCAL PROVISIONS
A. City and County agree that all fees and revenue collected by the County for services performed hereunder, including the issuance of permits, the conducting of inspections and so forth, shall be retained by the County as payment for the services provided to City under the terms of this MOU.

Fees shall be charged in accordance with the County Fee Ordinance, which may be amended from time to time. The current County Fee Ordinance shall be provided to City.

B. Any additional services requested by City to be performed by County shall be performed at an additional cost and in a manner mutually agreed upon by the City and County prior to the rendering of services. City shall reimburse County for additional services at the hourly rate prescribed in the County Fee Ordinance for such category of services.

VI. TERM
This MOU shall be effective upon execution by all parties and terminate on December 31, 2025.

VII. EARLY TERMINATION
This MOU may be terminated without cause by either party by serving a written notice to the other party thirty (30) days in advance of termination. The Director of Public Health is authorized to exercise the County’s rights with respect to any termination of this MOU.

VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below.

City: City of Loma Linda

Page 6 of 6 ends

County:
25541 Barton Road
Loma Linda, CA 92354
San Bernardino County
Environmental Health Services
385 N. Arrowhead Avenue 2nd
floor San Bernardino, CA
92415-0160
B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or MOU not incorporated herein shall be binding on any of the Parties hereto.

IX. CONCLUSION
A. This MOU, consisting of six (6) pages and Attachment A, is the full and complete document describing services to be rendered by County to City, including all covenants, conditions, and benefits.

B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU.

The parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

SAN BERNARDINO COUNTY
________________________________________ By ______________________________________ Director of Public Health (Authorized signature - sign in blue ink) Dated: ____________________________________ Name ___________________________________ (Print or type name of person signing contract)
Title _ _____
(Print or Type)
Dated: _ _____
Address________________________________
Phillip Dupper
Mayor
25541 Barton Rd., Loma Linda, CA 92354
10/10/23

Page 1 of 1 ends

Attachment A: Schedule of Services
The San Bernardino County, Department of Public Health, Environmental Health Services Division (County) agrees to perform these services as set forth below

1. Conduct education and outreach to City, Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services regarding the requirements set forth by SB 1383, now County Ordinance 4434.

2. Conduct inspections of Commercial Edible Food Generators to monitor compliance with County Ordinance 4434 requirements and to gather data for jurisdiction reporting purposes during inspections. a. Verify Commercial Edible Food Generators, Food Recovery Organizations and Food recovery services arrange and maintain contracts or written agreements outlining terms for edible food donation and acceptance.
b. Verify Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services keep records of types of foods that will be collected or self-hauled, the quantity of food per month, in pounds, that will be collected or self-hauled, and the established frequency. c. Verify Commercial Edible Food Generators have established an employee edible food recovery training program and maintain records of employee training. d. Verify employees of Commercial Edible Food Generators directly involved in the Edible Food Recovery Program have a valid San Bernardino County food handler’s card. e. Verify Edible Food is capable of being recovered by a Food Recovery Organizations or a Food Recovery Service is not intentionally spoiled.

3. Obtain data from Food Recovery Organizations and Food Recovery Services during inspections of feeding sites or during regular communications, to determine the capacity to accept edible food donations. a. Names, telephone numbers, and types of Food Recovery Organizations and Food Recovery Services within the jurisdiction.
b. Quantity, in pounds, of Edible Foods recovered from Commercial Edible Food Generators.

4. Maintain up-to-date information collected by DEHS regarding Food Recovery Organizations, Food Recovery Services and Commercial Edible Food Generators within the City’s jurisdiction and make it available upon request to help them meet applicable requirements of SB1383.

5. Conduct enforcement action to address non-compliance including, but not limited to, issuing Administrative Citations, Notice of Violation, fines, penalties, or other remedies available to the County.

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Notice of Completion - Shower Modification to Fire Station No. 1 Accept as complete and authorize recordation of Notice of Completion of the shower stall modifications at Fire Station No. 1; Neuroth Construction, Contractor
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: I
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

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

BACKGROUND:

On May 9, 2023, City Council awarded the contract to Neuroth Construction, Inc. of Carlsbad. California, in the amount of $16,243.50, for the modification of a shower stall at Fire Station No. 1. The final project cost was $16,243.50. The contractor performed completed the work satisfactorily.

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

ANAYLYSIS:

N/A
ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

A re-appropriation of $17,900 into 0012110-51300 (Fire Suppression, Repairs & Maintenance - Capital Facilities account) was approved by City Council on July 11, 2023.

Attachments
NOC Fire Station Shower Modification 9-11-23.pdf
NOC Fire Station Shower Modification 9-11-23 Photos.pdf

LYNETTE ARREOLA
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

LYNETTE ARREOLA

CITY CLERK

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN# 0284-201-15 SPACE ABOVE THIS LINE FOR RECORDER’S USE EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

2. The FULL NAME of the OWNER is City of Loma Linda

3. The FULL ADDRESS of the OWNER is 25541 Barton Road, Loma Linda, CA 92354

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

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

Names Addresses

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

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED September 11, 2023

8. The work of improvement completed is described as follows: Fire Station #1 Shower Modification

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Neuroth Construction, Inc, 1165 Linda Vista Dr., Ste 102, San Marcos, CA 92078

10. The street address of said property is Fire Station 1, 11325 Loma Linda Dr., Loma Linda 92354

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

Fire Station #1 Shower Modification
Signature of Owner or Agent Owner Date:

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

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

Date and Place (Signature of person signing on behalf of owner) Lynette Arreola, City Clerk
I:\Public Works Admin\Staff Reports\Notice of Completion\Fire Station Shower Modification 9-11-23.doc

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Notice of Completion - Traffic Signal Improvements
Accept as complete and authorize recordation of Notice of Completion for the Traffic Signal Improvements as California Street and Citrus Avenue (CIP 21-221); DBX Inc. , Contractor
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: J
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

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

BACKGROUND:

On March 14, 2023, the City Council awarded the contract to DBX, Inc. of Temecula, CA, in the amount of $341,661 with an approved contingency of $34,000. The final project cost was $335,452.95, which was within the approved contingency. The contractor performed professionally and completed the work satisfactorily.

ANAYLYSIS:

N/A
ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for this project was budgeted in Account Nos. 1275345-58500, (61.2% - MSART) and 3122340-58500, (38.8% - Traffic Mitigation).

Attachments
NOC Traffic Signal at California & Citrus CIP 21-221.pdf NOC Traffic Signal at California & Citrus CIP 21-221 Photo.pdf

LYNETTE ARREOLA
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

LYNETTE ARREOLA

CITY CLERK

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN: N/A SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

2. The FULL NAME of the OWNER is City of Loma Linda

3. The FULL ADDRESS of the OWNER is 25541 Barton Road, Loma Linda, CA 92354

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

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

Names Addresses

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

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED September 21, 2023

8. The work of improvement completed is described as follows: Traffic Signal installation at California Street and Citrus Street

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is DBX, Inc. 42024 Avenida Alvarado, Suite A, Temecula, CA 92590

10. The street address of said property is Intersection of California Street and Cirtus Street, Loma Linda, CA 92354

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

Traffic Signal installation at California Street & Citrus Street Signature of Owner or Agent Owner Date: October 12, 2023 Lynette Arreola, City Clerk
Verification of INDIVIDUAL owner : I, the
undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contends thereof, and that the facts stated therein are true and correct.

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

Date and Place (Signature of person signing on behalf of owner) Lynette Arreola, City Clerk
I:\Public Works Admin\Staff Reports\Notice of Completion\NOC Traffic Signal at California & Citrus CIP 21-221.doc

City of Loma Linda
Regular City Council Staff Report
Prepared By: Julia Loeffert
Notice of Completion - Pavement Rehabilitation by Slurry Seal Accept as complete and authorize recordation of Notice of Completion for the Pavement Rehabilitation by Slurry Seal Method at Various Locations (CIP 21-107); Doug Martin Contracting Co., Inc., Contractor Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Consent Calendar Item: K
To
City Council
From
T Jarb Thaipejr, City Manager
Approved/Continued/Denied
by City Council
Date:

RECOMMENDATION:

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

BACKGROUND:

On August 8, 2023, City Council awarded the contract to Doug Martin Contracting Company, Inc., of La Habra, CA, for an amount of $94,956.00 with an approved contingency of $9,500. The final project cost was $113,759.60. Due to the favorable unit price the City Manager approved adding an additional street to the project. The contractor performed professionally and completed the work satisfactory.

ANALYSIS:

N/A
ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for this project was budgeted in the following accounts: $30,000 in 1265340-58500 (Measure I) and $100,000 in 3452400-58500 (Bond Proceeds). There is sufficient funding in the Bond Proceeds account to cover the additional paving that was added to the project.

Attachments
NOC Pavement Rehab by slurry seal 9-28-23.pdf
NOC Pavement Rehab by slurry seal 9-28-23 photos.pdf

LYNETTE ARREOLA
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

LYNETTE ARREOLA

CITY CLERK

CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN# n/a SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM FILING FEES, GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

2. The FULL NAME of the OWNER is City of Loma Linda

3. The FULL ADDRESS of the OWNER is 25541 Barton Road, Loma Linda, CA 92354

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

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

Names Addresses

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

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED September 28, 2023

8. The work of improvement completed is described as follows: Pavement Rehabilitation by slurry seal method – at various locations

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Doug Martin Contracting Co., Inc. 220 E Foundation Ave., La Habra, CA 90631

10. The street address of said property is Various City Streets

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

Pavement Rehabilitation by slurry seal method – at various locations (CIP 23-116) Signature of Owner or Agent Owner Date:

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

Date and Place (Signature of person signing on behalf of owner) Lynette Arreola, City Clerk
I:\Public Works Admin\Staff Reports\Notice of Completion\Pavement Rehab by slurry seal 3-8-22.doc

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
Council Bill #O-2023-03 (Second Reading and Roll Call Vote) Adopt an Ordinance to update Title 17 (Zoning) of the Loma Linda Municipal Code and establish a reasonable accommodation ordinance in compliance with Federal and State Laws that will provide flexibility in the application of the Development Code standards in order to provide individuals with disabilities an equal opportunity to housing (Ref: Development Code Amendment No. P23-155) Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
Old Business Item: A
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council waive the reading of Council Bill # O-2023-03 in its entirety, direct the Clerk to read by title only, and Adopt on a roll call vote.

BACKGROUND:

On September 12, 2023, the City Council conducted a Public Hearing, introduced Council Bill #O-2023-03, determined the Development Code Amendment is not subject to the requirements of the California Environmental Quality Act (CEQA), and set the second reading for October 10, 2023.

The Development Code Amendment will add a new section to Title 17 (Zoning) that establishes new procedures for addressing requests for reasonable accommodations as required by the Fair Housing Act and California's Fair Employment and Housing Act (FEHA). Reasonable accommodations may include a change, exception, or adjustment to a rule, policy, or procedure when such accommodations may be necessary to afford individuals with disabilities equal housing opportunities.

These requests will be reviewed through a ministerial, streamlined process. This Development Code Amendment will ensure compliance with State- and Federal-mandated laws and assist the City in meeting Program 2.2 of the Housing Element.

ANALYSIS:

None.

ENVIRONMENTAL IMPACT:

The Development Code Amendment was determined to not be subject to the requirements of CEQA.

FINANCIAL IMPACT:

None.

Attachments
Ordinance - Reasonable Accomodations DCA21-155 - der.pdf Council Bill O-2023-03
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA
LINDA, APPROVING DEVELOPMENT CODE AMENDMENT NO. P23-
155, WHICH ESTABLISHES A REASONABLE ACCOMMODATION
CHAPTER IN TITLE 17 (ZONING) OF THE LOMA LINDA MUNICIPAL

CODE AND INCLUDES FLEXIBILITY IN THE APPLICATION OF THE

DEVELOPMENT CODE STANDARDS IN ORDER TO PROVIDE

INDIVDUALS WITH DISABILITES AN EQUAL OPPORTUNITY TO
HOUSING.

WHEREAS, the City of Loma Linda wishes to serve the public health, safety, and general welfare and preserve the quality of life throughout the City, through effective land use and planning; and
WHEREAS, The Fair Housing Act and the California’s Fair Employment and Housing Act (FEHA) requires local governments to make accommodations for individuals with mental or physical disabilities seeking equal access to housing; and, WHEREAS, The Loma Linda 2021-2029 Housing Element identifies Program 2.2, to adopt a ministerial process for reviewing requests for reasonable accommodation and modest deviations from the Development Code requirements as needed to address needs for people with disabilities; and,
WHEREAS, the City of Loma Linda proposes to amend the Title 17 (Zoning) of the Loma Linda Municipal Code as set forth in Exhibit A; and,
WHEREAS, on August 2, 2023, the Planning Commission held a duly noticed public hearing on the proposed development code amendment and Ordinance, at which an oral and written presentation was made and comments received, and the Planning Commission made a recommendation to City Council to adopt the ordinance; and, WHEREAS, on September 12, 2023, the City Council conducted the first reading of the development code amendment and the second reading on October 10, 2023 where they adopted the Ordinance, approving Development Code Amendment No. P23-155; and, WHEREAS, the Planning Commission and City Council reviewed the proposed amendments and finds that Development Code Amendment No. P23-155 is consistent with the Loma Linda General Plan, is not detrimental to the public health, safety, and general welfare, and is in conformity with good land use practice.

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

Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this ordinance are true and correct.

Section 2. Environmental Exemption. The Planning Commission recommends that the City Council determines that Development Code Amendment No. P23-155 is not subject to the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant Sections No. 15060(c)(2) and 15061(c)(3) of the CEQA Guidelines which applies to proposals that are not considered projects as defined in Section No. 15378 of the CEQA Guidelines and proposals that

Page 2 of 5 ends

do not result in a significant change to the environment.

Section 2. Approval. Planning Commission recommended approval and City Council voted to adopt the ordinance approving Development Code Amendment No. P23-155, which amends Title 17 (Zoning) of the Loma Linda Municipal Code as indicated in “Exhibit A” and as referenced herein.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

Section 6. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.

This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 12
th day of September, 2023 and was adopted on the 10th
day of October, 2023 by the following vote to wit:

Ayes:

Noes:

Absent:

Abstain:

Phillip Dupper, Mayor
Attest:

Lynette Arreola, City Clerk

Page 3 of 5 ends

Exhibit A
Development Code Amendment for the Addition of
Chapter 17.103 Reasonable Accommodations

17.103.010 Purpose, intent, and applicability.

A. Purpose. The purpose of this chapter is to establish a procedure for a request for reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (the “Acts”) in the application of zoning laws and other land use regulations, policies and procedures.

B. Intent. The intent of this chapter is to provide flexibility in the application of the Development Code for individuals with a disability when a modification or exemption of a land use regulation, policy, or procedure is necessary to provide equal opportunity to housing. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.

C. Applicability. A reasonable accommodation may be requested by any individual with a disability, their representative, or a developer or provider of housing for individuals with a disability.

The provisions of this chapter apply to all residential developments, including new development and modifications to existing structures, as necessary to reasonably accommodate a person’s disability.

17.103.020 Terms.

A. “Applicant” means a person, business, or organization making a request to the City for a reasonable accommodation pursuant to this chapter.

B. “Fair Housing Laws” means the “Fair Housing Amendments Act of 1988” (42 U.S.C § 3601, et seq.), including reasonable accommodation required by 42 U.S.C § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code § 12900, et seq.), including reasonable modifications required specifically by California Government Code § 12927(c)(1) and 12955(l), and Civil Code § 54, as any of these statutory provisions now exist or may be amended from time to time by either legislative act or published judicial decisions.

C. “Person with a disability” means an individual with a “disability” or “handicap,” as those terms are defined in the Fair Housing Laws. Generally, “a person with a disability” is any person with a physical or mental impairment, which substantially limits one or more major life activities, or any person having a record of such impairment.

D. “Reasonable Accommodation” means a modification or exception to the standards, regulations, policies, and procedures contained in the Development Code for the siting, development, and use of housing or housing-related facilities, that would eliminate barriers and provide an individual with a disability equal opportunity for the use and enjoyment of a dwelling.

Page 4 of 5 ends

17.103.030 Application Requirements.

A request for a reasonable accommodation shall be submitted to the Community Development Department on an application form prescribed by the Community Development Department to include but not be limited to the following items:

A. An application form signed by the applicant or authorized agent; B. The name, address, and contact information of the applicant; C. Street address and assessor’s parcel number of the property for which the request is being made;
D. The name, address, and contact information of the owner of the property for which the reasonable accommodation request is being made;
E. A general description of the nature of the person(s) with a disability’s medical, physical, and/or mental limitations that relate to the accommodation request. The applicant shall not be required to disclose any medical diagnoses or provide written medical documentation of the disability;
F. The policy, program, regulation, and/ or development standard adopted by the City of Loma Linda that the applicant is requesting the City modify or excuse as a disabilityrelated accommodation; G. A statement of the reason why the requested accommodation is necessary for the individual with a disability to use and enjoy the dwelling; and H. Copies of plans, drawings, pictures, and other supporting documentation that the City may need to render its decision.

17.103.040 Review authority and procedures.

A. The Director of Community Development or his or her designee, may approve, conditionally approve, or deny an application for a reasonable accommodation for an existing or proposed use. The director shall issue a written determination within thirty (30) calendar days of the date of receipt of a completed application.

B. If the reasonable accommodation request requires another City permit or approval, an application for a reasonable accommodation must be submitted with and processed concurrently with the application for the other City permit, whether such permit is ministerial or discretionary.

C. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

17.103.050 Reasonable accommodation findings and decision.

A. The request for reasonable accommodation may be approved or granted with modifications if the following findings can be made:

1. The housing which is the subject of the request will be used by one or more individuals with a disability protected under the Fair Housing Laws; and

2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling; and

Page 5 of 5 ends

3. The City has demonstrated that the requested accommodation will not impose an undue financial or administrative burden on the City; and

4. The requested accommodation will not require a fundamental alteration in the nature of a city program or law, including but not limited to the general plan, zoning ordinance, and building laws.

B. The following criteria, among other factors, may be considered by the Director of Community Development, or his or her designee, regarding the reasonableness of the requested accommodation:

1. Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit; and

2. Whether the requested accommodation substantially affects the physical attributes of the property or has impacts on surrounding properties that would fundamentally alter a city program or law.

C. If an application for a reasonable accommodation is approved, the request shall be granted to an individual and shall not run with the land unless it is determined that: (1) the modification is physically integrated into the residential structure and cannot be easily removed or altered to comply with the Development Code, or (2) the accommodation is to be used by another individual with a disability.

17.103.060 Appeals
A. The decision of the Director of Community Development to grant, grant with conditions, or deny a request for reasonable accommodation shall become final.

B. The decision of the director, while final, is subject to a written appeal to the City Manager to be made within thirty days after the decision of the Director is transmitted by first class mail or email. Any appeal shall set forth in reasonable detail and clarity the basis for the appeal and the proposed remedy or actions. The decision of the City Manager is also subject to appeal to the City Council within thirty days after the decision of the City Manager is transmitted by first class mail or email. Upon receipt of such appeal, the City Manager will take reasonable action to cause the matter to be included on one of the two next following agendas of the City Council.

City of Loma Linda
Regular City Council Staff Report
Prepared By: Lynette Arreola
March 5, 2024, General Elections
Meeting
Tuesday, October 10, 2023, 7:00 PM
Agenda Group
New Business Item: A
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council adopt the following Council Bills:

BACKGROUND:

The 2024 General Municipal Elections is scheduled for Tuesday, March 5, 2024, to elect three (3) members to the City Council for four-year terms. The City is hereby divided into five (5) districts. The District terms that are up for election are District Nos. 1, 4 and 5. The seats are currently held by Council Members Bhavin Jindal (District No. 1), John Lenart (District No. 4), and Rhodes Rigsby (District No. 5). Candidates filing for nomination must be a resident of the said district at least thirty (30) days prior to the time the member is elected and throughout the member's term of office. Candidates for council seats in each district shall be elected only by the voters of that district.

The filing period for nomination papers begins Monday, November 13, 2023, to Friday, December 8, 2023. City Hall business hours are Monday - Thursday, 7:00 a.m. - 5:30 p.m. The City Clerk's Office will be open Friday, December 8, 2023, between the hours of 8:00 a.m. - 12:00 p.m. Nomination papers may only be issued by the City Clerk during the business hours of 7:00 a.m. to 5:00 p.m., Monday through Thursday. Should a nominating candidate not file between November 13 to December 8, 2023, the filing period is extended to 5:00 p.m., Wednesday, December 13, 2023. No incumbent may file during the extended filing period. There is no extended filing period where there is no incumbent eligible to be elected (Elections Code §10225). Should only the number of qualified candidates file by December 8, 2023, the election may be canceled (Election Code §10229)
Statements of Economic Interest are required to be filed at the time of the submittal of nomination papers. If an incumbent has filed an annual statement within 60 days of nomination, no further filing is required. Candidate Statements for printing in the Sample Ballot and the Ballot Designation Worksheet must also be filed at the same time nomination papers are filed and are confidential until the deadline for filing has passed. All Candidate Statements are subject to public review for 10 days following the close of nominations. A Candidate Statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

The Election Code provides for a tie vote to be resolved "by lot" or by special runoff election. If a special runoff election is chosen, it is to be held not less than 40 days and no more than 125 days after the Certification of the Election. On November 13, 2001, the City Council adopted Resolution No. 2206 providing a special runoff election should a tie occur.

R-2023-35 - Calling the Election; and
R-2023-36 - Regulations for Candidate Statements
Attachments
Resolution - Calling Election - CC 10-10-23.pdf
Resolution - Candidate Statement CC 10-10-23.pdf
With the exception of the March 2000 Election, which resulted in a tie vote and was resolved by a coin toss, the City Council has chosen to break a tie vote by runoff election.

ANALYSIS:

The City of Loma Linda consolidates its General Municipal Elections with the Primary Elections which the County Registrar of Voters carries out at a cost savings to the City.

ENVIRONMENTAL IMPACT:

None.

FINANCIAL IMPACT:

Approximately $7,200 is budgeted in Account No. 0011100-51875 for the cost of the elections with the exception of the cost associated with the Candidate Statements.

RESOLUTION NO.

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

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on March 5, 2024, for the election of Municipal Officers

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

Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Loma Linda, California, on Tuesday, March 5, 2024, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years.

Section 2. That the ballots to be used at the election shall be in form and content as required by law.

Section 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Bernardino Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.

Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Resolution No.

Page 2 ends

Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

Section 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Bernardino Registrar of Voters, the City Council, in accordance with Election Code §15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 9. That City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED, APPROVED, AND ADOPTED on the 10
th day of October 2023 by the following vote:

Ayes:

Noes:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
RESOLUTION NO.

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

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement;

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

Section 1. General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Loma Linda on Tuesday, March 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. Foreign Language Policy. Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate's statements into Spanish.

The County will print and mail voter information guides and candidates statements to all voters in English and Spanish. The County will make the voter information guides and candidates statements in the required languages available at all polling places, on the County's website, and in the Election Official's office.

Council Bill #R-2023-36
Resolution No. 3125

Page 2 ends

Section 3. Payment and Translations. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in Section 2 above, pursuant to Federal and/or State law.

Printing. The candidate shall be required to pay for the cost of printing the candidate's statement in English, in a foreign language required in Section 2 above, and in any other foreign language requested by the candidate in the main voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro-rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 4. Miscellaneous. All translations shall be provided by professionally certified translators. The City clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

Section 5. Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.

Resolution No. 3125

Page 3 ends

Section 6. That the City Clerk shall provide each candidate or the candidate's representative, a copy of this Resolution at the time nominating petitions are issued.

Section 7. That all previous resolutions establishing City Council policy on payment for candidates's statements are repealed.

Section 8. That this resolution shall apply only to the election to be held on March 5, 2024, and shall then be repealed.

Section 9. That the City Clerk shall certify to the passage and adoption of this resolution, and enter it into the book of original resolutions.

PASSED, APPROVED, AND ADOPTED on this 10
th day of October 2023 by the following vote:

Ayes:

Noes:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk

Loma Linda City CouncilOctober 10, 2023

Loma Linda City Council
October 10, 2023