A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,
COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2024/2025 IN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE
EXTERIOR BOUNDARIES OF THE AREAS WITHIN STREET LIGHT
BENEFIT ASSESSMENT DISTRICT NO. 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS
STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1,
DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND
OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Loma Linda (“City”), pursuant to the provisions of The Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, declares its intention and does resolve as follows:
WHEREAS, it is the intention of the City Council of the City of Loma Linda, California, to order the following work be done:
1. Maintenance, operation and servicing of street lighting and traffic signals as authorized by Section 22525 of the Streets and Highways Code.
2. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof; and WHEREAS, the foregoing described work is to be located within roadway right-ofway and public utility easements within the incorporated boundaries of the City of Loma Linda more particularly described on a map which is on file in the City Clerk's Office entitled "Assessment Diagram Street Light Benefit Assessment District No. 1"; and WHEREAS, that the contemplated work, in the opinion of said City Council, is of more special than general public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is described as follows: All that certain territory of the City of Loma Linda included within the exterior boundary line shown upon that certain map entitled "Assessment Diagram Street Light Benefit Assessment District No. 1," indicating by said boundary line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City; and
WHEREAS, reference is hereby made to said map for further, full and more particular description of said assessment district, and the said map so on file shall govern for all details as to the extent of said assessment district; and WHEREAS, the City Council of said City has, by previous Resolution, preliminarily approved the report of the Engineer of Work, which said report indicates the amount of the proposed assessment, the district boundary, detailed description of improvements, and the method of assessment. The report titled "Engineer's Annual Levy Report for Street Light Benefit Assessment District No. 1 fiscal year 2024/2025 is on file in the Office of the City Clerk of said City, and was prepared for fiscal year 2024/2025 in accordance with the Resolution No.
Landscaping and Lighting Act of 1972. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work; and
WHEREAS, the assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer of Work shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report, at which time assessments for the next fiscal year will be determined; and WHEREAS, all the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, that by reference to Section 22595 of said Streets and Highways Code all railroad, gas, water or electric utility or electric line right-of-way included within said Street Lighting Benefit Assessment District No. 1 which will receive benefit will be assessed for said benefit; and
WHEREAS, although Section 4 of Article XIIIC, of the California Constitution has a procedure of assessing parcels owned or used by any public agency, the State of California or the United States, Section 5(a) of said Article XIIIC exempts any assessment to finance maintenance and operating expenses for streets, or streetlights as an integral part of a street, therefore, the assessment of public parcels is exempt; and WHEREAS, published notice shall be made pursuant to Section 6061 of the Government Code. The publication of notice of hearing shall be completed at least 10 days prior to the date of hearing; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:
1. Notice is hereby given that on the 11
th day of June 2024 at the hour of 7:00
p.m., or as soon thereafter as possible, in the City Council Chamber at 25541 Barton Road, in the City of Loma Linda, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. The City Council will consider all oral and written protests; and
2. The City Clerk shall certify to the adoption of this Resolution.
Resolution No.
PASSED, APPROVED AND ADOPTED this ______ day of ________, 2024 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Phill Dupper, Mayor
ATTEST:
Lynette Arreola, City Clerk
City of Loma Linda
Regular City Council Staff Report
Public Hearing - Council Bill #O-2024-04 - An Ordinance of the City Council of the City of Loma Linda repealing Ordinance 712, which will remove Chapter 17.105 Formula-Based Fast Food Restaurants of the Loma Linda Municipal Code in its entirety
Staff recommends that City Council take the following actions:
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2D
To
City Council
From
Lorena Matarrita, Community Development Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
Staff recommends that the Planning Commission make the following recommendations to the City Council:
1. DETERMINE that Development Code Amendment is not subject to CEQA requirements per §15378, as it does not commit to any specific project with potential environmental impacts. Additionally, the ordinances are exempt under §15061(b)(3), the common sense rule, which states these actions have no environmental effect; and,
2. INTRODUCE Council Bill #O-2024-04 on first reading and set second reading to July 9, 2024 - An Ordinance of the City Council of the City of Loma Linda repealing Ordinance 712, which will remove Chapter 17.105 Formula-Based Fast Food Restaurants of the Loma Linda Municipal Code in its entirety, and amending Chapter 17.40 Commercial and Industrial Zones (BP, CO, C-1, C-2, and CM) to allow Fast Food Restaurant With Drive-Through in the BP, C-1, C-2, and CM Zones subject to a Conditional Use Permit and specific use regulations, and amending applicable definitions in Chapter 17.02 Introduction and Definitions for consistency purposes throughout the Development Code.
BACKGROUND:
In 2013, City Council adopted an ordinance to regulate and prohibit formula-based fast-food restaurants with drivethrough services across all zoning districts. The decision to ban drive-through facilities stemmed from community engagements and workshops aimed at promoting a healthier food environment. The community group leading the charge for the prohibition argued that drive-throughs compromised the city's distinct small-town professional ambiance. Discussions also touched on traffic, pollution, and noise concerns.
Despite Loma Linda's relatively small population of 25,000 residents, its daytime population grows to 70,000 with the addition of commuters that frequent the University and other medical-related institutions. Discussions during the recent budget workshop on March 13, 2024 highlighted this need for drive-through facilities to accommodate these commuters and residents alike. Community members emphasized the importance of quick turn-around times during short lunch breaks, late-night dining options typically provided by drive-through facilities, and the convenience of eating in one's car while on the go especially for people with accessibility needs.
It should be noted that over the past two years, the City Council has addressed the topic of drive-through restaurants on seven (7) different occasions, typically raised during the public comment period. However, most recently, City Council agendized discussions on April 9 and April 23, 2024, where they explored the possibility of allowing drive-through establishments again within commercial zones. Council raised concerns about the City’s limitations hindering economic growth and the outward flow of daytime population to neighboring cities for lunch breaks. On April 23, the City Council voted to initiate the repeal process of Chapter 17.105 Formula-based Fast Food Restaurants and to start allowing the use in Loma Linda.
On June 5, 2024, city staff presented the proposed Development Code Amendment to the Planning Commission.
During the meeting, the commission thoroughly reviewed the proposal and engaged in discussions, including consideration of public comments, all of which were in favor of the change. Following these deliberations, the commission voted unanimously to recommend the adoption of the proposed ordinance. Additionally, they suggested adding a provision to encourage healthy menu options, now included in the attached ordinance under section 17.40.030(C)(3)(f).
ANALYSIS:
According to Chapter 17.02 “Introductions and Definitions” of the Loma Linda Municipal Code, a "fast food restaurant with drive-through" is defined as a restaurant supplying food and beverages primarily in disposable containers, characterized by high automobile accessibility, self-service, and short customer stays. A "formulabased restaurant" is similar but is identified by its use of standardized trademarks, logos, merchandise, decor, color schemes, business methods, architecture, layout, uniforms, and signage. These restaurants serve food directly to customers in their vehicles, offer a standardized menu ensuring uniform products, and require payment before consumption. As part of this amendment application, the Code's definitions section will be streamlined to include a single, unified definition. The "formula-based restaurant" definition will be removed, and Chapter 17.105, FormulaBased Fast Food Restaurants, will be repealed in its entirety.
Additionally, the proposed ordinance includes updates to the allowable uses table of commercial zones to permit a Fast Food Restaurant With Drive-Through with a Conditional Use Permit (CUP). A CUP is a discretionary review process ensuring compatibility with site conditions and considering nearby uses. It involves public participation and requires satisfaction of specific requirements. Special use regulations have also been drafted to address concerns like stacking lane requirements and site design.
See Attachment A to see all proposed changes in the Development Code. Amendments are shown in red colored font. The proposed additions are in red underline and deletions are in red strike-through.
OTHER DATA:
Currently, there are eight drive-through restaurants in Loma Linda, including McDonald's, Carl's Jr, Del Taco, Waba Grill, Starbucks, KFC, Bakers, and Farmer Boys, all of which are grandfathered in and are considered legal, nonconforming uses. Despite the prohibition, fast-food establishments with drive-through services continue to express interest in locating within our city, including Dunkin' Donuts, Dutch Bros Coffee, Jack in the Box, and Chipotle. It is evident that Loma Linda meets their business profile needs and demographic preferences, suggesting a conducive environment for successful operations.
The necessity for drive-through facilities became increasingly evident during the Covid-19 pandemic. According to the National Restaurant Association’s 2023 white paper, they found a shift in consumer habits towards offpremises dining options, citing that 66% of adults were more likely to purchase take out and use a drive-through than before the pandemic. According to their study, 74% of commuters and 72% of parents utilize drive-throughs at least once per week, with many visiting multiple times weekly. Additionally, drive-through facilities provide essential convenience for individuals with disabilities who face challenges leaving their vehicles.
Analysis of mobile placement data from Placer.ai on May 2, 2024, reveals that a significant proportion of visitors to Loma Linda University and Hospital within the census tract opt for restaurants with drive-through facilities over sitdown options. The top four restaurants frequented include In and Out on Hospitality Lane in San Bernardino, Raising Cane’s off Hospitality Lane in San Bernardino, McDonald’s on Barton Road in Loma Linda, and In-N-Out in northern San Bernardino.
ENVIRONMENTAL IMPACT:
The ordinance is not defined as a project under the California Environmental Quality Act (CEQA). Pursuant to Section 15378 of CEQA, the amendment and repealing of development code ordinances do not involve any commitment to any specific project which may result in a potentially significant physical impacts on the environment. In addition, ordinances are exempt from CEQA pursuant to Section 15061(b)(3) which states that under the general common sense rule that these types of actions can be seen with certainty to have no effect on the environment.
PUBLIC NOTICING:
The public notice for this project was duly posted on May 23, 2024, in San Bernardino's "The Sun" newspaper in compliance with State law requirements. Additionally, notices were posted in three public locations: City Hall, the library, and the post office.
Given the potential positive impact of the ordinance on the blind, aged, and disabled communities due to its relation to drive-through facilities, staff took proactive measures. Direct emails were sent to residents who have previously requested special accommodations during meetings. A hearing notice was prominently placed at the senior center, and notifications were provided to local organizations specializing in supporting individuals with permanent physical disabilities. Furthermore, the notice was made accessible on the City's official website.
As of the date of this report, no written or oral opposition to this development code amendment has been received.
However, staff did receive oral comments from the Starbucks Government Affairs office, represented by Mrs. Mary Rosas, on May 29, 2024. Mrs. Rosas expressed strong support for the proposed change, noting it as a potential growth opportunity for her stores and a means to bring new jobs to the local community. She highlighted the benefits provided to Starbucks employees, including a 401k plan, tuition assistance for any degree, and support for career advancement and home ownership. Mrs. Rosas concluded by stating that this initiative aligns with her expectations from Loma Linda’s leadership.
As of the date of this report, there have been no comments received in opposition to the development code amendment. However, staff did received several written and oral comments in favor of the change:
1. May 29, 2024: Mrs. Mary Rosas from the Starbucks Government Affairs office called to express strong support, citing potential growth opportunities, job creation, and benefits for employees such as a 401k plan, tuition assistance, and career advancement.
2. May 31, 2024: A letter from Mr. Michael Day, First Vice President of CBRE, supported repealing ordinance 712.
He stated that this change would help Loma Linda attract larger retailers and restaurants, positively impacting the socioeconomic landscape.
3. June 5, 2024. A letter from Historical Commissioner Dick Wiley highlighted the importance of freedom of choice, accessibility for people with disabilities, and alignment with current societal trends.
4. June 5, 2024: During the Planning Commission public hearing, Bennett Lefebvre, Starbucks Store Development Manager from the Long Beach office, voiced approval for the amendment. He mentioned overseeing the region, including Loma Linda stores, and clarified his team's aim for expansion rather than site replacement, anticipating increased job opportunities and positive growth.
5. June 5, 2024. At the Planning Commission public hearing, Ben Calamore, representing several vacant sites in Loma Linda, expressed his eagerness for the proposed changes and his anticipation for bringing quality projects to the community.
FINANCIAL IMPACT:
This ordinance changes have no impact upon current revenue or expenditure levels. It should be noted, however, that the eight (8) drive-through facilities generate approximately $10,000.00 per year in sales tax revenue. The 29 sit-in restaurants without drive-through service generate approximately $6,200.00 per year. Additional drive-through facilities will generate more sales tax revenue for the city as well as job opportunities for the residents.
ATTACHMENTS:
A. Ordinance and Exhibit A
Attachments
Attachment A - Council Bill O-2024-01 Ordinance and Exhibit A.pdf ATTACHMENT A Council Bill O-2024-04
ORDINANCE NO. ________
COUNCIL BILL NO. O-2024-04, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA REPEALING ORDINANCE 712, WHICH WILL REMOVE CHAPTER 17.105 FORMULA-BASED FAST FOOD RESTAURANTS
OF THE LOMA LINDA MUNICIPAL CODE IN ITS ENTIRETY, AND AMENDING CHAPTER 17.40 COMMERCIAL AND INDUSTRIAL ZONES (BP, CO, C-1, C-2,
AND CM) TO ALLOW FAST FOOD RESTAURANT WITH DRIVE-THROUGH IN THE BP, C-1, C-2, AND CM ZONES SUBJECT TO A CONDITIONAL USE
PERMIT AND SPECIFIC USE REGULATIONS, AND AMENDING APPLICABLE DEFINITIONS IN CHAPTER 17.02 INTRODUCTION AND DEFINITIONS FOR
CONSISTENCY PURPOSES THROUGHOUT THE DEVELOPMENT CODE
WHEREAS, the City of Loma Linda aspires to enhance the public welfare and economic growth of the city by revising land use regulations; and, WHEREAS, allowing fast food drive-through restaurants can increase revenue, job opportunities, and dining amenities in Loma Linda; and, WHEREAS, the City Council initiated the repeal process of Chapter 17.105 Formula-Based Fast Food Restaurants to remove the prohibition of drive-through restaurants on April 23, 2024; and WHEREAS, the City intends to repeal Chapter 17.105 in its entirety and amend Chapter
17.40 of the Loma Linda Municipal Code to allow a Fast Food Restaurant with Drive-through in most commercial zones, subject to a Conditional Use Permit and specific use regulations, in addition to allowing a Drive-in and Drive-through Business within the Business Park Zone, as set forth in Exhibit A; and,
WHEREAS, the City also intends to amend Chapter 17.02 Introduction and Definitions to create a single unified definition for consistency purposes throughout the Development Code, as set forth in Exhibit A; and
WHEREAS, on June, 5, 2024, the Planning Commission held a duly noticed public hearing on the 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 June 11, 2024, the City Council conducted the first reading of the Ordinance development code amendment and the second reading on July 9, 2024 where it adopted the Ordinance, approving Development Code Amendment No. 2024-0002; and, WHEREAS, the Planning Commission and City Council have reviewed the proposed amendments and find that Development Code Amendment No. 2024-0002 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.
ATTACHMENT A
Section 2. Environmental Exemption. The Planning Commission recommends that the City Council determines that the Development Code Amendment is exempt from the requirements of the State of California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines where CEQA only applies to projects that have the potential for causing a significant effect on the environment, and there is no possibility that the proposed Development Code Amendment may have a significant effect on the environment.
Section 3. Approval. The Planning Commission recommended adoption and City Council hereby adopts the Ordinance approving Development Code Amendment No. 2024-0002, 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 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 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 11
th day of June, 2024 and was adopted on the 9th Day of July, 2024 by the following vote to wit:
Ayes:
Noes:
Absent:
Abstain:
Phil Dupper, Mayor
Attest:
Lynette Arreola, City Clerk
1 Exhibit A
Development Code Amendment No. 2024-0002
Modifications to Title 17 Zoning
Municipal Code Title 17 Zoning
Chapter 17.105 FORMULA-BASED FAST FOOD RESTAURANTS
Repeal ordinance (ordinance 712) in its entirety.
2 Chapter 17.40 COMMERCIAL AND INDUSTRIAL ZONES (BP, CO, C-1, C-1, AND CM) § 17.40.020 Land use regulations and allowable uses.
Drive-In and Drive-Through Businesses —
CUP
CUP CUP CUP CUP
Eating and Drinking Establishments
Bars, Lounges, Nightclubs, and Taverns — — — CUP —
Catering Services — — P P P
Fast Food Restaurant with No DriveThrough (no late-night hours)P P P P P Fast Food Restaurant with No DriveThrough (with late-night hours)CUP CUP CUP CUP CUP Fast Food Restaurant with DriveThrough—
CUP
— —
CUP
—
CUP
—
CUP
See 17.40.030 Specific
Use Regulations
Restaurant – Outdoor Dining MUP MUP MUP MUP MUP See note 1 Restaurant – Sit-Down (no late hours) P P P P P See note 1 3 § 17.40.030 Specific use regulations.
C. Fast Food Restaurant with Drive-Through. A Fast Food Restaurants with Drive-Through is subject to a conditional use permit, provided that it complies with the following standards:
1. Findings. Prior to approval of a request for a conditional use permit for a drive-through restaurant, the decision-maker, in addition to the findings required by Chapter 17.30, shall make the following additional findings:
a. The design and location of the drive-through restaurant will not contribute to increased congestion on public or private streets or alleys adjacent to the subject property or drive aisles.
b. The design and location of the drive-through restaurant will not impede access to or from the parking lot serving the business, impair normal circulation within the parking lot, or impede pedestrian pathways to the building.
2. Development standards. The drive-through restaurant shall comply with the following development standards:
a. The drive-through lane shall be long enough to accommodate the necessary stacking of vehicles and address queuing. The stacking distance and requirements shall be determined through a parking/queuing study.
a. In the event that the number of vehicles waiting at the service window exceeds the length of the stacking lane(s), personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas. b. No drive-through aisles shall exit directly onto a public right-of-way. c. Entrances to drive-through lanes shall be at least 25 feet from driveways entering a public or private street or alley.
d. Drive-through aisles shall have a minimum 11-foot width on curves and a minimum 11- foot width on straight sections. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs and pavement marking or raised curb. e. A drive-through restaurant shall be subject to all parking requirements applicable to the use and not be considered as justification for reducing the number of required parking spaces. The drive-through restaurant shall comply with the eating and drinking places requirement in the parking regulations: for all floor area; one parking space for each two hundred fifty square feet of floor area.
f. Landscaping is required on all street frontages and adjacent to customer entrances to the building. Interior landscaping must also be incorporated to effectively screen the drive through aisle and menu board signs from street view. 4 g. Menu boards shall be a maximum of 30 square feet, with a maximum height of seven feet, and shall face away from the street and be screened from public view. h. All service areas, restrooms, and ground and roof mounted mechanical equipment shall be screened from public view.
i. The decision-maker may impose restrictions on the permitted hours of operation if deemed necessary or desirable to protect nearby properties or ensure public safety and welfare. These restrictions can be established as a condition at the time of original approval or at any time thereafter.
j. Operation of the drive-through restaurant service facility is restricted to the hours between 7:00 a.m. and 10:00 p.m. when the site is contiguous to residentially zoned or used property, unless the decision-maker approves different hours of operation as a condition of approval of the conditional use permit.
3. Guidelines. The guidelines in this subsection shall be used in analyzing the adequacy of the design of the drive-through restaurant. The decision-maker may require redesign of a drivethrough restaurant to comply with these guidelines. a. Public address speakers, on-site lighting, and drive-through lanes shall be designed and located such that noise, exhaust fumes, and vehicle headlights shall not unreasonably impact adjacent properties.
b. Placement of a canopy over the pick-up window is desirable to protect the customer from inclement weather.
c. It is suggested that drive-through restaurants within an integrated shopping center have an architectural style consistent with the theme established in the center. The architecture of any drive-through restaurant must provide compatibility with surrounding uses in form, materials, colors, scale, etc. Structure plans shall have a variation in depth and angle to create variety and interest in its basic form and silhouette. Articulation of structure surface should be encouraged through the use of openings and recesses which create texture and shadow patterns. Structure entrances should be well articulated and project a formal entrance through variation of architectural plane, pavement surface treatment, and landscape plaza.
d. Building must be integrated by site plan with the center to encourage pedestrian use (e.g. additional hardscape features, traffic or pedestrian flow, or orientation of buildings). e. Intersection of pedestrian walkways drive-through drive aisles should be avoided, but where they cannot be avoided, they shall have clear visibility, and they must be emphasized by enriched paving or striping.
f. To promote public health and wellness, developers are encouraged to include a variety of healthy food options on the menu, including but not limited to salads, grilled meat selections, whole grain products, and reduced sugar or low-fat alternatives. Emphasis should be placed on making these healthy choices readily available and promoting them alongside traditional menu items.
5 Chapter 17.02 INTRODUCTION AND DEFINITIONS
§ 17.40.202 Land use definitions.
F. "F" Definitions.
Fast Food Restaurant. A restaurant which supplies food and beverages primarily in disposable containers and which is characterized by high automobile accessibility, self-service and short stays by customers.
1. Fast Food Restaurant with No Drive-In or Drive-Through (no late-night hours). A fast food restaurant as defined above, that does not provide drive-in or drive-through or latenight hour services. See "Late-Night Hour Services."
2. Fast Food Restaurant with No Drive-In or Drive-Through (with late-night hours). A fast food restaurant as defined above, that does provide late-night hour services, but does not provide drive-in or drive-through services. See "Late-Night Hour Services."
3. Fast Food Restaurant with Drive-In or Drive-Through (no late-night hours). A fast food restaurant as defined above, that does provide drive-in or drive-through services., but does not provide late-night hour services. See "Late-Night Hour Services."
4. Outdoor Dining. A dining area with seats and/or tables located outdoors of a fast food, sit-down restaurant, or other food service establishment. Outdoor dining is located entirely outside the walls of the contiguous structure or enclosed on one or two sides by the walls of the structure with or without a solid roof cover.
a. Limited. Outdoor dining area encompassing up to eight hundred square feet of area, inclusive.
b. General. Outdoor dining area encompassing more than eight hundred square feet of area.
5. Fast Food Restaurant—Formula-Based.
A food service establishment that uses a trademark, logo, service mark or other mutually identifying name or symbol, which maintains any standardized array of merchandise, or standard services, decor, color scheme, business methods, architecture, layout, uniform apparel, signage or similar, standardized features; and is dedicated to food service where food is consumed on or off the site and that exhibits three or more of the following characteristics:
▪ Standardized menus, ingredients, and food preparation methods are dictated by a franchise agreement or other contractual controls that prohibit the restaurant owner/entrepreneur from deviating from the "formula," to ensure a uniform "product" that will meet the expectations of consumers at other formula-based fast food restaurants under the same trademark or logo, (regardless of location or ownership), for such uniformity; ▪ Food orders are typically served in seven minutes or less from time of order to delivery; ▪ Food is often pre-made and wrapped before the customers place their orders; ▪ Food is served in disposable containers and wrappers, with disposable tableware; ▪ Food consumed on the premises is ordered from a wall menu while customers are standing at a service counter;
▪ Payment is made by customers before food is consumed; and/or ▪ The service counter is closer to an entry/exit than is the seating/dining area.
City of Loma Linda
Regular City Council Staff Report
Demands Register - May 28, and June 11, 2024 [Finance]
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3A
To
City Council
From
Sonia Fabela, Finance Director
RECOMMENDATION:
It is recommended that the City Council approve the attached list of demands for payment.
Attachments
CC Demands Register 05-28-24.pdf
CC Demands Register 06-11-24.pdf
City of Loma Linda
Regular City Council Staff Report
Approval of Minutes April 23, 2024
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3B
Attachments
Regular-City-Council-04-23-2024-minutesdraft
Approval of Minutes for Regular City Council held on April 23, 2024.
1. Call to Order
1A. Call to Order- 7:05 PM
1B. Roll Call- 7:05 PM
Staff Present:
T. Jarb Thaipejr, City Manager
Diane Robbins, City Attorney
Lynette Arreola, City Clerk
Sonia Fabela, Finance Director
Lorena Matarrita, Community Development Director
Dan Harker, Fire Chief
Andrew Sanchez, Customer Support Technician
Lt. Kaysie Smith, San Bernardino County Sheriff's Department 1C. Closed Session/Workshop- 7:05 PM
No items scheduled.
1D. Invocation and Pledge of Allegiance- 7:05 PM
The Invocation and Pledge of Allegiance was led by Council Member Ovi Popescu. 1E. Items to be Added or Deleted- 7:06 PM
No items were added or deleted.
1F. Oral Reports/Public Participation - Non-Agenda Items (Each Speaker limited to 3 minutes.
Pursuant to the Brown Act, no action or discussion can be taken by City Council)- 7:06 PM No public participation upon invitation by the Mayor.
** The following document is a draft of the minutes and the not the official approved minutes ** Minutes for the Regular City Council
25541 Barton Road, Loma Linda, CA 92354
April 23, 2024, 7:05 PM - April 23, 2024, 9:45 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Ovidiu Popescu, Councilmember
Rhodes Rigsby, Councilmember
Rhonda Spencer-Hwang, CouncilMember
1G. Conflict of Interest Disclosure- 7:06 PM
No conflict of interests were reported.
2. Scheduled and Related Items
2A. Information on the Review of Revenue Options and Potential Implementation of a District Tax, the Requirements for Adoption by City Council, and the Timing Associated with Placing the Item on the Ballot [Finance/City Manager]- 7:06 PM
Finance Director Fabela presented the report into evidence, stating that the City is facing a financial crisis of various variables, including inflation-rising costs. The City's shortfall was projected to be $(490,200) with reserves covering the difference. At the March 13, 2024, City Council, Planning Commission, Budget Committee Joint Meeting Workshop, there was a discussion on revenue-generating ideas.
Recommendations included increasing sales taxes, miscellaneous fees, capitalizing on grants, and cost reduction plans. She went on with her presentation explaining the difference between Bradley-Burns (local tax) vs. Transactions and Use Tax (District Tax) and what the city collects. She further discussed the Transaction and Use Tax (TUT) exemptions and reviewed escalating costs that are mostly the result of high inflation over the last several years. She discussed the Tax Measure process, stating that the one-cent sales tax increase would generate approximately $7.9 million each year of locally controlled funds and would require to be passed by the vote of the people. Sales tax voting measures should be consolidated with general municipal elections where the City Council seat(s) are up for election. In non-election years, it would then be considered a special election. Should the City place a tax measure on November 2024, it would be a Special Election. It would require the City Council to adopt by a two-thirds vote an ordinance proposing the general tax, then by unanimous vote declare the tax measure a fiscal emergency and place it on the November ballot. She discussed the strict timeline schedule and necessary steps to meet the process. Staff is requesting direction to obtain a consultant to begin the polling process. She noted that the City Manager has been prudent in his spending and put off filling three approved positions in FY 2023-24 to balance the budget. However, it is becoming necessary to hire more employees to alleviate the staffing shortfall and to maintain city services. It is necessary to responsibly prepare for the future, to reduce costs, and to secure additional revenues.
Milford Harrison, resident, supports a ballot measure to increase sales tax; and an increase to the Transient Occupancy Taxes (TOT); and alternate land use restrictions on Redlands Blvd./freeway corridor that would allow for drive-throughs and for the sale of beer and wine at restaurants to attract more upscale restaurants.
Discussion ensued on what actions could be taken based on the agenda description. City Attorney Robbins clarified that while the agenda item description indicates it is "informational," it also states that it involves a "review of revenue options," with recommendations outlined in the staff report. It would be within the purview of the Council to provide direction to staff in selecting a consultant to conduct the polling as recommended. She noted that the City Manager has the authority to approve professional service contracts of up to $25,000 administratively. City staff would obtain three quotes and select the most qualified consultant for the City. One proposal received was just below the $25,000. She explained that once the polling is complete, the results will be presented to the Council. The Council would then make a decision on whether to move forward, which would require a unanimous vote.
Councilmember Spencer-Hwang stated that she reviewed the budget from 2018 to the present and is very concerned. She reviewed the City's organizational chart. She pointed out that multiple employees are filling multiple positions, which is not sustainable. She stated that she supports placing the sales tax increase on the ballot, but to also strategize on how to generate revenue into the City. She noted that she conducted a survey in her district during the election and that the top priority for the community was Public Safety and financial security
Council Member Popescu understands the concerns and is still reviewing and getting a better understanding of the budget. He needs to understand how bad the City's situation to declare a fiscal emergency. He also would like to explore and pursue some of the suggested revenue-generating ideas. He would also support hiring a consultant to assist the city with economic development in the city and work on a plan to generate revenues for the City.
Mayor pro tempore Dailey stated that he has obtained consistent feedback from residents in his district that he was elected to make decisions that are in the best interest of the community. He noted that the residents are not aware of the City's financial situation, but would support a sales tax increase to maintain a safe and clean community. He understands the urgency and supports approving a tax measure; however, he had reservations about hiring a consultant without the input of the City Council. He would like to understand their methodology in conducting this process.
Council Member Rigsby stated that there are many moving parts to consider, such as loosening standards on the Redlands Blvd. corridor, repealing fast food drive-through bans, and the proposed sales tax increase. He questioned the rationale behind the decision to a one percent sales tax increase. Reflecting on his tenure as Mayor and on the Council, he noted that one of his accomplishments was running a tight ship and having the City Manager and city staff multitask job duties. In his view, the crisis is not present, but potential in the future. He expressed concern that if the City receives this additional revenue, they might lose the discipline of maintaining a tightly run operation.
Mayor Dupper reminded the Council that they do not have the authority to approve a sales tax increase, only to place it on the ballot for a public vote. He expressed concern about the City's financial situation, acknowledging that it is unsustainable. He emphasized that it takes about two years to see the benefits if a measure is approved. If they do not put it on the ballot in November, they will miss the opportunity for this revenue option and will have to wait until the next election in two years. He warned that by not addressing this matter, they would be sending a message to employees and residents that they do not care about the future, and that it would be irresponsible not to be prepared.
Gil Garza, Code Enforcement Officer, commented on one of the revenue-generating suggestions, Arbnbs.
He stated that Arbnbs are not allowed in the City; that enforcement has been challenging; that he has been with the City for 11 years and wears two hats (Code Enforcement and Animal Control); that he has gone above and beyond and sometimes outside his job description without being compensated; and that the Public Works crews also work hard and go above and beyond without being compensated.
Milford Harrison confirmed the Public Works Crews are the face of the community because they are out on the field. They need to be treated and compensated fairly. He supports the sales tax increase.
Victor Puentes, Fleet Department, stated that he has been with the City for 10 years; that he is a one-man crew; that he maintains all city, public works, and fire department vehicles; that he does the work in house to save money for the City; and that the Public Works Crews work hard together daily.
Elias Herrera, Public Works Water Production Department, stated that he has been with the City for 17 years; that the Public Works Department is very understaffed; and that the Public Works crews have much knowledge and years of experience to address matters efficiently.
Motion by Ronald Dailey, seconded by Rhonda Spencer-Hwang to direct staff to select and work with a consultant to assist in the process of polling.
Substitute Motion by Ovidiu Popescu to hire a consultant to prepare a business development plan for the City to generate revenue. Substitute Motion failed due to lack of second.
Discussion continued about the polling questions and process. Finance Director Fabela reviewed the work scope of the one proposal the City received. Mayor pro tempore Dailey understood the urgency to move forward but wanted to meet with the Consultant. City Attorney Robbins emphasized that because the City is in such a time crunch, there is no time to schedule interviews or discuss the polling process between the Council and the Consultants. She explained that the Consultant would report the survey results to Council, and, at that time, discuss their methodology. She noted the goal is to report back to the Council by early June, if possible.
Mayor pro tempore Dailey withdrew his motion.
Motion by Dupper, seconded by Spencer-Hwang to authorize staff to work with a consultant to assist in the process of polling and motion failed by a vote of 2-3-0-0; Opposed by Ronald Dailey, Ovidiu Popescu and Rhodes Rigsby.
3. Consent Calendar
Motion by Ovidiu Popescu, seconded Rhodes Rigsby, and passing by a vote of 5-0-0-0 To Approve. the Consent Calendar as submitted.
3A. Demands Register - April 23, 2024 [Finance]- 9:07 PM Approved the Demands Register dated April 23, 2024, with commercial demands totaling $487,308.44, and Payroll dated April 11, 2024, totaling $404,671.18. 3B. Approval of Minutes 04-09-2024 [City Clerk]- 9:07 PM Approved the Minutes of April 9, 2024, as submitted.
3C. Reject All Bids for Landscape Maintenance District, Contract "B" [Public Works] - 9:07 PM Rejected all bids for the Landscape Maintenance District Contract "B".
4. Old Business
4A. Council Direction Regarding Drive-through Food Service [City Manager]- 9:08 PM Mayor Dupper noted that many business operators have adapted their business plans to include drivethroughs due to the growing demand for convenience. He emphasized that drive-throughs are no longer synonymous with unhealthy or meat-only options. He mentioned that he has been in communication with business owners, including the owners of Stater Bros., who have attracted interest from businesses that include drive-throughs as part of their operations.
Milford Harrison stated that he has a client in the audience who owns a piece of property on the Redlands Blvd. corridor and who supports lifting the ban.
Councilmember Rigsby asked if the opinions have changed with the School of Public Health faculty. He pointed out that they were very vocal when the Council approved the McDonald's.
Councilmember Spencer-Hwang noted that many faculty members have the same opinion; however, she noted that Covid changed how businesses operate; it changed how individuals pick up groceries; and changed the views of drive-throughs. She pointed out there are more restaurants with drive-throughs that offer healthy food options.
Councilmember Popescu recalled that there was strong opposition to drive-throughs at the hearing. While he is not against drive-throughs, he would like to gauge the community's interest in this matter and would like to determine if drive-throughs attract larger commercial developments for additional revenue. He is interested in this data to assist in his decision.
Mayor Dupper stated that he was one of the council members who approved the project based on property owner rights. He noted that while they were voting on the pad, it somehow leaked that McDonald's would occupy the space, making McDonald's the issue. He emphasized that the decision came down to the fundamental idea of property rights. He also mentioned that the City has thousands of visitors who patronize local restaurants and would like the City to offer those options as choices.
Milford Harrison stated that he visited San Bernardino and drove through a Panera Bread to get a great vegetarian meal. He noted that Panera Bread never used to have drive-throughs in their franchise chain.
Motion by Mayor pro tempore Ronald Dailey, seconded by Rhonda Spencer-Hwang to repeal the ban on drive-throughs and motion carried by a vote of 4-1-0-0; Opposed by Ovidiu Popescu.
Community Development Director Matarrita explained that, with this action, the City would proceed with the public hearing process required to repeal the Ordinance. Discussion ensued about whether the wording of the motion was appropriate.
Substitute Motion by Rhodes Rigsby, seconded by Rhonda Spencer-Hwang, to direct staff to proceed with the required public hearing process to repeal the ordinance pertaining to the drive-through ban and motion carried by a vote of 4-1-0-0; Opposed Ovidiu Popescu.
5. New Business
6. Reports
6A. Reports of Council Members- 9:34 PM
Mayor pro tempore Dailey regretted his vote regarding the sales tax increase agenda item. He stated that the City needs to pursue the sales tax measure process for all the reasons he heard. He stated that it would be a disservice to the city and community if nothing is done.
City Attorney Robbins stated to make a motion to reconsider and those motions can be made by the person in the majority vote.
Motion by Ronald Dailey and seconded by Rhonda Spencer-Hwang to reconsider Agenda Item No. 2A and the motion carried by a vote of 3-2-0-0; Opposed by Ovidiu Popescu and Rhodes Rigsby.
Motion by Ronald Dailey, Seconded by Rhonda Spencer-Hwang to authorize staff to work with a consultant to assist in the process of polling and motion carried by a vote of 3-2-0-0; Opposed by Ovidiu Popescu and Rhodes Rigsby.
6B. Reports Of Officers- 9:45 PM
No reports.
7. Adjournment
The meeting adjourned at 9:45 pm.
City of Loma Linda
Regular City Council Staff Report
Approval of Minutes May 14, 2024
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3C
Attachments
Regular City Council-05-14-2024-minutesDraft.pdf
Approval of Minutes for Regular City Council held on May 14, 2024
1. Call to Order
1A. Call to Order- 7:00 PM
1B. Roll Call- 7:02 PM
Staff Present:
T. Jarb Thaipejr, City Manager
Diane Robbins, City Attorney
Lynette Arreola, City Clerk
Sonia Fabela, Finance Director
Dan Harker, Fire Chief
Lorena Matarrita, Community Development Director
Nicole Campbell, Associate Planner
Nate Boucher, Battalion Chief
Kyle Mac Gavin, Information Systems Analyst III
Lt. Kaysie Smith, San Bernardino County Sheriff's Department 1C. Closed Session/Workshop- 7:02 PM
No items scheduled.
1D. Invocation and Pledge of Allegiance - Councilman Rigsby- 7:02 PM The Invocation and Pledge of Allegiance was led by Councilmember Rigsby. 1E. Items to be Added or Deleted- 7:02 PM
** The following document is a draft of the minutes and the not the official approved minutes ** Minutes for the Regular City Council
25541 Barton Road, Loma Linda, CA 92354
May 14, 2024, 7:00 PM - May 14, 2024, 9:08 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ovidiu Popescu, Councilmember
Rhodes Rigsby, Councilmember
Rhonda Spencer-Hwang, CouncilMember
Absent:
Ronald Dailey, Mayor pro tempore
No items were added or deleted.
1F. Oral Reports/Public Participation - Non-Agenda Items (Each Speaker limited to 3 minutes.
Pursuant to the Brown Act, no action or discussion can be taken by City Council)- 7:02 PM No public participation upon invitation by the Mayor.
1G. Conflict of Interest Disclosure- 7:02 PM
No anticipated conflicts of interest.
2. Scheduled and Related Items
2A. Student Presentation Regarding Results from a Community Survey Conducted in District 4 [Councilwoman Spencer-Hwang]- 7:02 PM
Councilmember Spencer-Hwang introduced Janvi Shah, her student at Loma Linda University, who will be presenting the Loma Linda Community Engagement Survey. Ms. Shah stated that the survey was conducted in March 2024 in District 4 to engage with the community to ensure their voices are heard and to understand the needs, preferences, and priorities. She provided an overview of the survey questions.
The survey results identified the following top areas to focus on over the next two years: Public Safety as the top priority, followed by the economic health of the City, homelessness, and the overall quality of transportation. She noted that it also included strategies to address focus areas and other city challenges, which included online reporting platform enhancement; economic development for social issues; sales tax rate equality; traffic safety enforcement; and community engagement initiatives. She thanked Council.
Kevin Bernadt, Loma Linda resident, inquired if there were any comments about walkability and more accessible pedestrian access. The response indicated that there were no comments on that matter.
Councilmember Spencer-Hwang stated that the survey was sent out to all registered voters in District 4 and 17 were returned.
Mayor Dupper thanked Councilmember Spencer-Hwang and Mr. Shah for the presentation. 2B. Public Hearing - Tentative Tract Map No. P22-264 (TTM 20467) and Precise Plan of Design No. P22-266 - a request to demolish a single-family home and develop a single-family residential subdivision, comprised of nine (9) residential lots, one (1) lettered lot, and a new public street. The site is located on Park Avenue, west of Curtis Street, and east of Coloma Street, within the Low Density Residential (R-1) General Land Use designation and Zoning District. (APN:0283-162-20) [Community Development] [Continued from April 9, 2024]- 7:20 PM Public Hearing was opened at 7:37 PM and closed at 7:37 PM Nicole Campbell, Associated Planner, presented the report into evidence stating that the project request is to subdivide a 2.8-acre parcel into a 9-lot residential subdivision; that the lots would range from 8,667 sq ft to 10,992 sq ft.; and that there would be a sidewalk in front of the homes, but on the west side of the street would be a 12 ft wide landscape strip to serve as a grassy area for drainage. She reviewed the floor plans and elevations, noting each home would have a minimum of two street trees. She explained that a Traffic Analysis study was conducted, resulting that the project is in compliant with Measure V; and that a Traffic Study was conducted that analyzed five intersections and assessed whether any offsite improvements were needed. She noted the study concluded that the project would not generate significant delays and no offsite improvements were required. Following the public hearing by the Planning Commission, she noted that the Planning Commission recommended 4 additional conditions for the project. After careful consideration, City Staff recommended two of the four conditions; one involved the block wall the block wall, and the other addressed the drainage.
Doug Goodman, Civil Engineer, stated that the adjacent neighbor to the east was concerned that the project would alter the natural drainage pattern. He stated that all residential properties surrounding the project have altered drainage patterns. He noted that the drainage swell is only handling the drainage on the project.
Councilmember Popescu stated that he spent much time on the project, speaking with residents and staff.
He stated that overall the project is nice; that he was not concerned with drainage, but expressed concern and requested that bollard lighting be provided on the western property line; that a sidewalk be installed on the west side of the project where there currently is no sidewalk; and that he requested that the driveways be widened to mitigate parking concerns.
City Manager Thaipejr stated that the driveways are long enough to park a vehicle; that the applicant agrees to add the bollard lights on the western property side; and that the applicant is willing to widen the driveway to accommodate additional parking. In regards to the sidewalk, he explained that because that area is treated as a basin for the water percolate, staff is recommending installing decomposed granite for the walkway. The City will work with the applicant.
The public hearing was opened and closed by the Mayor.
Motion by Popescu, seconded by Rhodes Rigsby to approve with the added condition will be the lighting, widening of the driveways, and modified driveway on the western property line.
City Attorney Robbins asked to add to the condition regarding the widening of the driveway that it be to the extent that it meets the code. She highlighted the complexities of meeting code requirements, expressing concern that redesigning to accommodate widening might conflict with other aspects of the code.
Councilmember Popescu did not agree to include that with his motion. He stated that the project meets the code. He noted that this is a way to enhance the project. He noted that the the applicant was willing to make those adjustments. He trusts that staff will ensure that it meets the code. He will be concerned if not all driveways can be widened.
Associate Planner Campbell stated that they do not have an exhibit to show that it is possible for all lots.
Ben Millett, Dimension Architects, pointed out the challenges in widening the driveways at the end of the cul-de-sac. He emphasized that widening the driveways would eliminate on-street parking. Additionally, he noted that depending on the use of the ADUs, residents of the ADUs might need to park in the driveways of the front house.
Mr. Goodman stated that the goal is not to widen the driveway but to widen the drive approach in front of the garage for an additional parking space.
Councilmember Popescu stated that parking is an issue and understands that the study says the project more than mitigates it. He stated that the changes would exceed the code and not violate it; however, if it is not clear how many properties will widen the driveways, he will amend his motion to continue the item and request a revised site plan. He stated that it is a safety issue to have the cars on the street.
Mayor Dupper stated that he was not comfortable voting for something that may not comply with the code.
Alex Mucino, the applicant, addressed the security concerns, emphasizing that they exceed code requirements with larger lots. Extending driveways would encroach into front yard setbacks, potentially reducing the project's viability. Mecino noted that altering the project's size could render it nonviable and deter future projects within the city.
Discussion ensued regarding parking issues.
Substitute motion by Rhodes Rigsby, seconded by Ovidiu Popescu to redesign the plan and bring it back to June 11, 2024, and motion carried by a vote of 4-0-0-1; Ronald Dailey absent.
3. Consent Calendar
Mayor Dupper noted that he has a conflict of interest on Agenda Item 3I. That item will be pulled and voted on separately.
Motion by Ovidiu Popescu, seconded by Rhodes Rigsby, to Approve the Consent Calendar Items with the exception of Agenda item 3I, which will be voted on separately and motion carried by a vote of 4-0-0-1; Ronald Dailey absent.
3A. Approve Demands Registers - May 14, 2024 [Finance]- 8:13 PM Approved the Demands Registers dated May 14, 2024, with commercial demands totaling $1,291,273.37; and Payroll dated April 25, 2024, totaling $372,639.94 and Payroll dated May 9, 2024, totaling $387,922.61.
3B. Treasurer's Report - April 2024 [Finance]- 8:13 PM
Accepted for filing.
3C. Fire Department's Activity Report - April 2024 [Fire]- 8:13 PM Accepted for filing.
3D. Adopt Resolutions for the Landscape Maintenance District No. 1 Annual Report - Fiscal Year 2024-2025 [Public Works]- 8:13 PM
Adopted Council Bill#R-2024-04 (Resolution No. 3214), Council Bill #R-2024-05 (Resolution No. 3215) and Council Bill #R-2024-06 (Resolution No. 3216).
RESOLUTION NO. 3214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO,
CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025 RESOLUTION NO. 3215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, PRELIMINARILY APPROVING ENGINEER'S REPORT FOR FISCAL YEAR 2024/2025 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1
RESOLUTION NO. 3216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO,
CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024/2025 IN LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREAS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS LANDSCAPE MAINTENANCE DISTRICT NO. 1,
DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR THE PUBLIC HEARING 3E. Adopt Resolutions for the Street Light Benefit Assessment District Annual Report - Fiscal Year 2024-2025 [Public Works]- 8:13 PM
Adopted Council Bill #R-2024-07 (Resolution No. 3217), Council Bill #R-2024-08 (Resolution No. 3218), and Council Bill #R-2024-09 (Resolution No. 3219).
RESOLUTION NO. 3217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024/2025 RESOLUTION NO. 3218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PRELIMINARILY APPROVING ENGINEER'S REPORT FOR FISCAL YEAR 2024/2025 FOR STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1
RESOLUTION NO. 3219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO,
CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2024/2025 IN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREAS WITHIN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR
HEARING OBJECTIONS THERETO
3F. Approve a Change Order for the Beaumont Avenue Waterline Repair Project (CIP 20-657) [Public Works]- 8:13 PM
Approved Change Order.
3G. Grant a Utility Easement on Van Leuven St. to the So. California Gas Company [Public Works]- 8:13 PM
Granted the Utility Easement to So. California Gas Company. 3H. Approve Agreement with TKE Engineering for City Services [Finance/Administration]- 8:13 PM
Approved Agreement.
3I. Approve Schedule "A" of the Law Enforcement Service Contract with the County of San Bernardino for Fiscal Year 2024-25 [City Manager]- 8:13 PM Approved Schedule "A" of the Law Enforcement Service Contract.
Motion by Rhodes Rigsby, seconded by Ovidiu Popescu, to Approve Schedule "A" of the Law Enforcement Service Contract with the County of San Bernardino for Fiscal Year 2024-25 and motion carried by a vote of 3-0-0-2; Ronald Dailey and Phillip Dupper absent. 3J. Declare Items Surplus and Authorize Appropriate Disposal [Information Systems]- 8:13 PM Declared surplus and authorize disposal.
4. Old Business
No scheduled items.
5. New Business
5A. Report Update and Request for Direction Regarding the Fire Department Therapy Dog Program [Fire]- 8:16 PM
Chief Harker presented a report update on the Fire Department therapy dog program. He noted after the April 9, City Council meeting, he met with his administrative staff and the labor group and it was determined to form a committee to perform the research and findings.
Battalion Chief Nate Boucher introduced the committee, noting that they collaborated to develop the most effective and feasible program. A short video was presented about peer support counseling. He then discussed the physical and mental health benefits for first responders, as well as the advantages for the community. The presentation explained the differences between a service dog assigned to one person and a station dog that would serve the entire station. A nationwide study showed that therapy dogs are effective in lowering anxiety, reducing loneliness, and providing comfort, as well as lowering blood pressure and heart rate. The committee also discussed how and where they would obtain the station dog, the costs associated with its care and maintenance, how the program would be implemented, and the dayto-day operations. He noted the total cost of the program is about $8,500 to start the program and approximately up to $1,200 - $1,500/year.
Chief Harker outlined the health and wellness program in his department, addressing the early departure of some personnel due to various health and mental issues. He discussed initiatives to support physical and mental health, including a Critical Incident Response Plan, peer counseling program, chaplain program, and exercise routines. He mentioned that he has included this program in next year’s budget, and upon approval, they will move forward with implementation in the new fiscal year.
Mayor Dupper appreciated all the work and research by the Committee. He hopes the program is successful.
5B. Council Bill #R-2024-16- A Resolution to Approve the Measure I 5-year CIP Project for Fiscal Year 2024/25 through Fiscal Year 2028/29 [Public Works]- 8:45 PM City Manager Thaipejr presented the Measure I 5-year CIP Project for Fiscal Year 2024/25 through Fiscal Year 2028/29, noting all the streets included in the street maintenance and improvement program.
Motion by Ovidiu Popescu, seconded by Rhodes Rigsby, to Adopt Council Bill #R-2024-16, approving the Measure I 5-year Capital Improvement Projects (CIP) for Fiscal Year 2024/25 through Fiscal Year 2028/29 and motion carried by a vote of 4-0-0-1; Ronald Dailey absent.
RESOLUTION NO. 3220
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2024/2025 THROUGH FY2028/2029
6. Reports
6A. Reports of Council Members- 8:50 PM
Council Member Popescu stated that he attended the SCAG Conference and a good opportunity to talk to network with other cities; one highlight was spending time with ESRI and doing amazing work; continuing to work with SBCTA. He heard that Union Pacific was thinking of putting in another rail line.
Council Member Spencer-Hwang raised concerns about employee morale and requested a finalized work chart outlining titles, responsibilities, and salaries within the next week or two. She expressed apprehension about employees wearing multiple hats, deeming it unsustainable. She proposed discussing an Employee Engagement Survey at the next meeting, noting challenges in meeting the requested timeframe.
City Attorney Robbins cautioned that the discussion was veering beyond the scope of the reports, delving into labor negotiations that should be reserved for closed sessions. She emphasized the City Manager's role in the council-manager form of government, highlighting that the City Manager handles day-to-day decisions and employee matters. Any concerns of Council should be directed to the City Manager. She noted it can be agendized and discussed in a closed session. 6B. Reports Of Officers- 9:05 PM
City Manager Thaipejr discussed that after they closed the pedestrian bridge following the Council's actions. He stated that they have had to replace the fence three times because the fence has been cut and damaged. Discussion ensued on who would have done that. He noted that he will be out of the country the week of May 17. In his absence, Chief Harker will be the acting City Manager.
Community Development Director Matarrita announced that as of last Friday, the City of Loma Linda has a Housing Element that complies with state law. She noted Loma Linda is one 15 cities in San Bernardino County that is compliant. TheCity can now apply for Housing Programs from the state to help on the implementation of programs.
7. Adjournment
The meeting adjourned at 9:08 pm to the Joint Meeting Workshop on May 15, 2024.
City of Loma Linda
Regular City Council Staff Report
Treasurer's Report - May 2024 [Finance]
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3D
To
City Council
From
Sonia Fabela, Finance Director
RECOMMENDATION:
It is recommended that the City Council receive the report for filing.
Attachments
May 24 TREAS REPORT.pdf
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 2,744,884.07 Outstanding Checks as of month-end (1,389,276.24)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,355,607.83 $ BANK OF AMERICA - PAYROLL $ 20,840.34
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 262,141.11 Outstanding Checks as of month-end (239.95)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 261,901.16 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 20,892.90 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 20,892.90 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 1,659,242.23
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 4.332% $ 55,001,660.35
CITY - Former RDA Bond Proceeds 4.332% 434,069.04
CITY -Total 55,435,729.39
SUCCESSOR RDA 4.332% 3,954,841.47
HOUSING AUTHORITY 4.332% 1,378,415.70
INVESTMENTS TOTALS $ 60,768,986.56
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 62,430,078.79
PREVIOUS MONTH 58,313,250.36
CHANGE +/(-) $ 4,116,828.43
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
May 2024
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 5/23 6/23 7/23 8/23 9/23 10/23 11/23 12/23 1/24 2/24 3/24 4/24 5/24
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 05/23-05/24
CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Regular City Council Staff Report
Fire Department's Activity Report - May 2024 [Fire]
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3E
To
City Council
From
Nataly Alvizar, Executive Aide
RECOMMENDATION:
It is recommended that the City Council receive the report for filing.
Attachments
May 2024 Fire Activity Report.pdf
1 of 1
SUBJECT: May 2024 Fire Department Activity Report
Operations Division:
The Fire Department’s Operations Division responded to 412 incidents in May 2024. There were 30 calls/incidents given or received in Mutual/Automatic Aid. The alarm types are broken down as follows:
Fire & Rescue Month YTD
Medical Aid (MA) 286 69.4% 1444 71.1%
Traffic Collision (TC) 11 2.7% 76 3.7%
MA + TC 297 72.1% 1520 74.9%
Hazardous Conditions 6 2.40% 15 0.70%
Hazardous Material 1 0.40% 7 0.40%
Public Assistance 15 6.90% 83 5.50%
Rescue 0 0.90% 6 0.60%
Structure Fire 5 2.10% 13 1.00%
Cooking 0 0.00% 1 0.10%
Vegetation Fire 0 0.40% 1 0.70%
Vehicle Fire 0 0.00% 5 0.10%
Refuse Fire 13 1.10% 48 1.40%
All Fires 18 3.60% 68 3.30%
Good Intent/Dispatched
& Cancelled Enroute 28 6.8% 154 7.6%
Fire Alarm Activation* 17 4.1% 78 3.8%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.
City of Loma Linda
Regular City Council Staff Report
Approve Revised Animal Shelter Service Agreement with City of San Bernardino [Fire] City of San Bernardino has entered agreements with the Cities of Grand Terrace, Colton, Fontana, and Rialto to provide regional shelter services for the surrounding communities.
There is a need to update our agreement to reflect the cost share between all agencies utilizing San Bernardino Animal Shelter.
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3F
To
City Council
From
Tom Ingalls, Fire Marshal
Via
Dan Harker, Fire Chief
RECOMMENDATION:
It is recommended that the City of Loma Linda agrees to the terms outlined by the agreement contract between the City of Loma Linda and the City of San Bernardino Animal Services Department for animal shelter services.
BACKGROUND:
The City of Loma Linda has utilized the City of San Bernardino Animal Shelter the previous fiscal year. The Cities of Grand Terrace, Fontana, Rialto, and Colton were recently notified that their contracts would expire and not be extended beginning fiscal year 24/25 with the County. This is requiring the City of San Bernardino to increase staffing and shelter capacity to accommodate the increase demand on the current shelter infrastructure. Each City will now be required to participate in a cost sharing model based on the individual jurisdictions projected use.
ANALYSIS:
The City of San Bernardino was able to provide and calculate shelter use by the City of Loma Linda from statistical averages from fiscal year 23/24. These statistics justified that the City of Loma Linda's cost sharing percentage of the shelter to be .5% of the entire shelter operating cost. Previous shelter agreement was based on a price of $141.00 per animal intake to the shelter. This new cost sharing plan provides a guaranteed fixed annual amount.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Shelter infrastructure and operational costs were calculated to be $4,000,000 annually. Loma Linda's share of .5% would cost $18,205.00 annually.
Shelter staffing cost total is $2,699,650.00 annually. Loma Linda's share of .5% would cost $13,498.25 annually.
Total shelter cost of $35,600 will be paid from Animal Contractual Services Account #0012050-51830.
Attachments
San Bernardino - First Amendment to Loma Linda Animal Services On Call.pdf San Bernardino Animal Shelter Services Agreement 2024-Loma Linda.pdf
FIRST AMENDMENT TO
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA
THIS FIRST AMENDMENT TO THE AGREEMENT FOR ANIMAL SHELTER SERVICES (“Agreement”), is made and entered into as of July 1, 2024 (“Effective Date”) by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“CITY”), and the CITY OF LOMA LINDA, a municipal corporation (“SHELTER PARTNER”), collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, CITY and SHELTER PARTNER entered into a contract on June 1, 2024 under which the CITY provides animal shelter services for the purpose of safeguarding the health and safety of SHELTER PARTNER’s population and the health and safety of its domestic animals (“Original Agreement”);
WHEREAS, CITY and SHELTER PARTNER now desire to amend the Original Agreement to provide for emergency on-call animal control services at the direction of SHELTER PARTNER; and
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows:
1. Exhibit A to the Original Agreement is hereby amended to include the following additional Services:
“Emergency On-Call Animal Control Services
At SHELTER PARTNER’s request, and subject to the availability of the CITY, CITY shall provide emergency animal control on-call services during and after regular business hours in the event SHELTER PARTNER’s regular animal control officers are unavailable to respond due to illness, injury, or other unforeseen staffing emergencies. SHELTER PARTNER shall be ultimately responsible for any and all direction relating to calls/requests for animal control services and shall be the lead agency for any investigations, arrests, confiscations, or citations arising out of such calls/requests. CITY animal control officers shall follow legal directives from SHELTER PARTNER agencies on scene.
SHELTER PARTNER shall notify the CITY as soon as they are aware on-call coverage is needed.
SHELTER PARTNER shall only call CITY animal control officers for emergency during or afterhours service in the following situations:
• Vicious stray dogs posing an immediate public safety risk; • Reported severe dog bites;
• Injured dog/cat hit by car;
• Dead dog/cat in street posing a traffic hazard;
• Rattlesnake in home or on property where they cannot be avoided and pose a public safety risk;
• Police actions for traffic collisions or incidents where an animal is present and the owner/caretaker is being arrested or transported to the hospital, leaving no one to care for the animal; and
• Any other situation that in SHELTER PARTNERS’s reasonable view requires urgent animal control attention.”
CITY shall provide SHELTER PARTNER with monthly start and end times for all emergency On-Call services CITY has responded to in the previous month.
2. Exhibit B to the Original Agreement is hereby amended to include the following additional Compensation:
“Emergency On-Call Animal Control Services
SHELTER PARTNER shall pay to CITY $60.00 per hour or portion thereof (in six minute increments, i.e., 1/10th of an hour) for CITY’s response to after-hours on-call emergencies. The fees begin to accrue the moment CITY’s officer receives the call for assistance and ends when the call is completed and the CITY’s officer returns home.”
3. Indemnification. SHELTER PARTNER shall indemnify and defend CITY in accordance with Subsection A of Section IV of the Original Agreement in connection with any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, collectively “Claims” in any manner arising out of, pertaining to, or incident to any acts of the CITY, its officials, officers, employees, subcontractors, consultants or agents in connection with the CITY’s provision of on-call animal control services under this First Amendment. This indemnification excludes claims arising from the gross negligence or willful misconduct of the CITY.
4. Except as expressly amended by this First Amendment, the Original Agreement remains in full force and effect, unmodified except as otherwise expressly herein provided.
Wherever the term Agreement appears in the Original Agreement, it shall be read and understood to mean the Original Agreement as amended by this First Amendment.
5. Each paragraph or provision of this First Amendment is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
6. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all of the Parties. This Agreement may be signed electronically.
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.
CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By:__________________________
Rochelle Clayton
Acting City Manager
CITY OF LOMA LINDA
a municipal corporation
By:__________________________
Jarb Thaipejr
City Manager
ATTEST:
By:___________________________
City Clerk
ATTEST:
By:___________________________
City Clerk
APPROVED AS TO FORM:
By:___________________________
City Attorney
APPROVED AS TO FORM:
By:___________________________
City Attorney
1 AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA This Agreement for Animal Shelter Services (“Agreement”), is made and entered into as of June 1, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”), and the City of Loma Linda, a municipal corporation (“Shelter Partner”), collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, City owns, and through its Animal Services Department, operates, an animal care shelter facility located at 333 Chandler Place, San Bernardino, California (the "Shelter"); WHEREAS, recognizing the need for cost-effective and humane animal care services, Shelter Partner and the cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto (individually, a “Participant” and collectively, the "Participants") desire to contract with City for the provision of animal shelter services for the purpose of safeguarding the health and safety of the Participants’ population and health and safety of their domestic animals (“Services”); WHEREAS, Participants acknowledge the mutual benefits of pooling resources for the provision of Services at the Shelter, aiming to safeguard the health and safety of both the human population and domestic animals within their respective jurisdictions; WHEREAS, City is willing to provide these Servicesto the Participantssubject to the terms and conditions of this Agreement;
WHEREAS, the increased utilization of the Shelter by the Participants will necessitate certain essential improvements to accommodate their usage needs (“Improvements”) and increase the Shelter’s current operational expenses;
WHEREAS, each Participant agrees that these Improvements are beneficial and necessary to meet the social and animal welfare needs of their citizens and, therefore, have agreed to share the costs of such Improvements and added operational expenses in proportion to their usage of the Services; and
WHEREAS, City, Shelter Partner, and the remaining Participants desire to formalize this arrangement through this Agreement, setting forth terms governing the Improvements to the Shelter, additional operational expenses, and the allocation and payment of costs associated with the Services and Improvements resulting from the Participants’ usage of the Shelter.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows:
SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:
The aforementioned Recitals are true and correct and incorporated herein by this reference. 2 B. City Obligations:
1. Services. City shall provide the Services for animals delivered to the City’s Shelter from the jurisdictional boundaries of Shelter Partner as outlined and specified in Exhibit A, Scope of Animal Shelter Services, attached hereto and by incorporated herein by this reference.
2. Improvements. City shall be responsible for the design, preparation of all studies, analyses, and documents necessary to deliver the necessary Improvements to the Shelter to accommodate Shelter Partner and the Participants, including any CEQA environmental documentation, obtaining all permits, administration, and construction of the Shelter Improvements.
3. Construction Contract. The City has or shall retain the services of a licensed contractor ("Contractor") to perform further design and all engineering, planning, preparation of plans and specifications, and complete construction of the Shelter Improvements, including construction management and post-construction activities, pursuant to a written agreement between the City and Contractor, as the same may be amended from time to time (the "Construction Contract").
C. Shelter Partner Obligations:
1. Reimbursement. Shelter Partner shall reimburse City for the Services performed, operational expenses of the Shelter, and Shelter Improvements pursuant to the terms and conditions of this Agreement.
2. Amendments to Rules and Policies. Shelter Partner shall amend its rules and policies, including its Municipal Code, as necessary to comport to City’s shelter operating standards and fee schedule. Shelter Partner and City will work collaboratively to identify which, if any, rules and policies require amendment and which fees must be adopted. Notwithstanding the foregoing, Shelter Partner retains all legislative authority pertaining to the regulation of animals within its jurisdiction.
3. Animal Drop Off. Shelter Partner shall comply with all requirements for animal drop off identified in Exhibit A.
4. Appropriations. During the term of this Agreement, for each fiscal year, Shelter Partner and each Participant shall make every effort to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. The covenant contained in this Section shall be deemed to be, and shall be construed to be, contingent upon the continuing offer by City to provide Services and use of Shelters to each individual Participant. To the extent City offers the provision of Services and use of any Shelters to any Participant, the continued responsibility of such Participant to make all payments required hereunder shall be a duty imposed by law and it shall be the duty of each and every public official of each Participant to take such actions and do such things as are required by law in performance of the official duty of such officials to enable the Participant to carry out and perform the covenants contained in this Section. Shelter 3 Partner acknowledges that the construction, maintenance and availability of Shelters for the provision of services to all participating cities and the division of the costs of constructing and maintaining such Shelters among the Participants allows for costs efficiencies and significant savings to each party and that each party has entered into this Agreement in reliance on such shared costs and resulting savings. Each Party, to provide assurance of such cost efficiencies to each remaining Party, hereby expresses its commitment to fulfill its stated obligations under this Agreement regardless of the term of the Agreement overlapping more than one fiscal year and acknowledges the financial burden that any breach of the terms of this Agreement will have on all other Parties.
D. Construction Costs Allocation:
1. Scope of Costs. Total cost of the Shelter Improvements shall include: a) all design development costs; b) all costs incurred by the City pursuant to the Construction Contract; c) all site preparation costs; d) all costs of fixtures; and e) any and all other costs incurred by the City for any construction or construction related activity on the Site incurred in connection with the Shelter Improvements (the "Actual Construction Costs"). The maximum amount to be paid hereunder as Actual Construction Costs is set forth on Exhibit B, attached hereto and incorporated herein by reference (the "Maximum Construction Costs"). Upon completion of the Shelter Improvements, the City shall provide Participants with a full accounting of the application of all funds spent on Actual Construction Costs.
2. City’s Contribution. The City shall contribute toward the construction of Improvements with Four Million dollars ($4,000,000.00) to be applied toward Maximum Construction Costs. Any City funds paid by the City toward Actual Construction Costs on or after the execution of this Agreement shall count toward the $4,000,000.00 to be contributed by the City and will be applied toward costs of construction as necessary to cover any discrepancy between available Participant payment funds and Actual Construction Costs as they become due and payable.
3. Participants' Contribution. The remainder of Maximum Construction Costs beyond the Four Million dollars ($4,000,000.00) paid by the City ("Participants’ Share of Maximum Construction Costs") will be divided among Shelter Partner and the remaining Participants based on the formula set forth in Exhibit B, attached hereto.
Each Participant's respective percentage share of Participants’ Share of Maximum Construction Costs, as determined by said formula, is also set forth on Exhibit B. Five (5) years after the full execution of this Agreement, each Participant's respective percentage share of Participants’ Share of Maximum Construction Costs shall be recalculated based on the same formula as set forth in Exhibit B but using then current statistical data. If any Participant's respective percentage share of Participants’ Share of Maximum Construction Costs is altered by the recalculation by more than five percentage points, then each Participant's total share of Participants’ Share of Maximum Construction Costs shall be recalculated so that the originally calculated 4 percentage shall be applied to one half of Participants’ Share of Maximum Construction Costs and the recalculated percentage shall be applied to the second half of Participants’ Share of Maximum Construction Costs. All future payments owed by each Participant shall be adjusted based on the results of the recalculation of each such Participant's total share of Participants’ Share of Maximum Construction Costs.
If said adjustment results in a reduction in the amount owning by any Participant that, as of that time, has already fully paid its share of the Maximum Construction Costs, such reduction shall be credited as an offset against future charges, if any, under such Participant’s Services Agreement. If said adjustment results in an increase in the amount owning by any Participant that, as of that time, has already fully paid its previously calculated share of the Maximum Construction Costs, the amount of such increase shall be due and payable pursuant to the same payment schedule as those Participants that have not elected to prepay their share of Maximum Construction Costs, subject to the same prepayment option. The City shall, upon request, provide the requesting Participant with copies of the data and documents used to calculate each Participant's percentage share of Participants’ Share of Maximum Construction Costs.
4. Payment Schedule. Shelter Partner along with each Participant shall pay its full share of each Participants’ respective Share of Maximum Construction Costs, in addition to costs to be paid in accordance with this Services Agreement, in consideration of each such Participant's continuing right to use the Shelter and the Improvements pursuant to the terms of this Services Agreement. Each Participant's annual obligation to make the payments required hereunder is contingent on the City making available to such Participant, for the respective year, the use of Shelter pursuant to the terms of this Agreement. At the election of each individual Participant, payment of the amounts owing hereunder may be made in advance of use or may be made over the Three Years (3) year term of the Services Agreements in accordance with the Payment Schedule, attached hereto as Exhibit C and incorporated herein by reference (the "Payment Schedule"). For Participants electing not to pay in advance of the scheduled payment, the annual amount each such Participant shall owe hereunder shall be increased by the formula shown on the Payment Schedule as the "Additional Funding Cost." The higher payment amount to be paid by Participants not electing to pay in advance represents the cost to the City of the lost value over time of the money paid by the City toward Actual Construction Costs beyond the $4,000,000.00 provided for above. The amounts indicated on the Payment Schedule further include costs to be incurred by the relevant Participant for each thirty (30) day period that any payment is overdue. Each Participant acknowledges that the construction and availability of Shelters for use by each Participant over the term of such Participant's Services Agreement is a substantial benefit to such Participant. In the event any Participant refuses to receive Services from the City in violation of the terms of such Participant’s Services Agreement despite being offered such Services by the City, or in the case of a default or failure to pay its cost share in accordance with this 5 Agreement, each Participant remains obligated to pay to the City its outstanding payments hereunder as they become due and payable and the City may take any legal action as appropriate to obtain such payment. Further, the Parties acknowledge that the payments owing hereunder do not reduce or offset amounts owing in relation to the Services.
5. Participation of New Cities After Commencement of Construction. After full execution of this Agreement, no city will be added to this Services program for a period of three (3) years from the date first set forth above, to allow for appropriate sizing and establishment of operational protocols for the Shelter Improvements. If a new city elects to participate in the City’s Services program after the three (3) year period indicated above, and City elects to provide Services to such city, such city will be required to pay a pro rata portion of the Maximum Construction Costs based on the formula set forth in Exhibit B. Any new participating cities' contributions pursuant to this section will be applied first toward any necessary Shelter Improvements and the remainder will be deposited into a shelter maintenance and repair fund (the "Shelter Maintenance Fund"). City shall establish a separate project fund account for all funds allocable to the Shelter Maintenance Fund and shall not commingle any other funds in said account. It is the intention of the Parties that any funds contained in the Shelter Maintenance Fund be exhausted prior to any additional contributions by the Parties toward post-construction shelter upgrades or capital improvements. Prior to contracting to provide Services to a new city, City shall consult with those Participants then currently contracting with City to receive Services pursuant to a Services agreement. City shall in good faith consider the input of those cities in making City's determination as to whether to provide Services to the proposed new city. Nevertheless, City is not bound to follow the recommendations of those cities and the ultimate determination as to whether to provide Services to the proposed city rests entirely with City.
6. Shelter Improvements Account; Deposit of Funds. Upon the execution of this Agreement, the City shall establish a separate capital project fund account for all funds of the Participants which are to be applied toward Actual Construction Costs for the Shelter Improvements (the "Shelter Improvements Account") and shall not commingle any other funds in said account. Funds payable by any Participant as an additional cost imposed due to late payment, or that are allocable to City to reimburse City for any City funds spent on Actual Construction Costs beyond the $4,000,000.00 provided for above, or that are to reimburse City for the lost value over time of the money paid by City toward Actual Construction Costs beyond the $4,000,000.00 provided for above, shall not be paid into the Shelter Improvements Account but shall be paid directly to City for City's sole use.
7. Allocation of Excess Funds. Upon final completion of the Shelter Improvements, payment of all Actual Construction Costs, and payment of all amounts due pursuant 6 to this Agreement, any unused funds remaining in the Shelter Improvements Account, but not exceeding an amount equal to the difference between total Actual Construction Costs incurred and Maximum Construction Costs, shall be credited to those Participants then obtaining Services from the City against future charges under each such Participant's Services agreement based on the same percentages that each such Participant paid of the Participants’ Share of Maximum Construction Costs. Any funds not distributed in accordance with the previous sentence shall be deposited into the Shelter Maintenance Fund.
E. Operational Expenses:
1. Allocation of Operational Expenses. The operational cost for Services owing pursuant to this Agreements, calculated with respect to Shelter Partner, each remaining Participant, and the City, shall include all annual costs of operation of the Shelters, including salaries and benefits for staff that are expected to be necessary to operate the Shelters. An estimated amount for staff salaries and benefits are depicted in Exhibit D attached hereto and incorporated herein by reference. This estimate is subject to reasonable modification to reflect factors including, but not limited to, the number of cities that elect to procure Services from the City and such cities’ usage needs. Shelter Partner acknowledges that the division of all operational costs among the Participants allows for costs efficiencies and operational savings to each Participant and that each Participant has entered into their respective Services Agreements in reliance on such shared costs and resulting savings. Each Participant, to provide assurance of such continued cost efficiencies to each remaining Party, hereby expresses its commitment to procure Services from the City for a period of Three (3) years with an opportunity to extend the agreement for an additional two (2) one (1) year periods and acknowledges the financial burden that any breach of this commitment would have on all other Parties. To that end this Services Agreement shall each provide for a Three (3) year term of service in accordance with Section II of this Agreement.
i. Shelter Partner acknowledges that it would be impractical or extremely difficult to fix the actual damages to actual damages to the City in the event of its breach of this Five-year commitment. The Parties agree that a reasonable estimate of such damages is an amount equal to $50,000.00 and in the event of such breach, such amount will be deemed fully agreed liquidated damages.
The Parties further acknowledge that nothing herein shall be construed as the City's exclusive remedy for the remediation of breach by a Shelter Partner or Participants, and the City reserves the right to pursue any and all available rights and remedies at law or in equity.
7 SECTION II. TERM
The term of this Agreement shall run from the Effective Date and continue until June 30, 2027 (“Term”). This Agreement may be extended via written notice as provided by Section XIII of this Agreement by the City Manager or his or her designee for a maximum of two (2) additional years, Option Year One, if exercised, shall be effective July 1, 2027 through June 30, 2028. Option Year Two, if exercised, shall be effective July 1, 2028 through June 30, 2029.
SECTION III. COMPENSATION FOR SERVICESS
Shelter Partner shall reimburse City for the services performed and the expenses incurred in accordance with Exhibit E, Compensation, attached hereto and incorporated herein by reference.
City shall invoice Shelter Partner on a quarterly basis for such Services. Payment shall be due and payable by Shelter Partner within 30 days following its receipt of the City’s invoice. Shelter Partner acknowledges that payments for Services does not reduce or offset amounts owing towards the Improvements.
SECTION IV. HOLD HARMLESS/INDEMNIFICATION
A. Shelter Partner Indemnification: Shelter Partner shall hold harmless, indemnify, and defend City, its officers, employees, authorized volunteers, and agents from and against any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of Shelter Partner’s failure to fulfill any obligations arising pursuant to this Agreement or in connection with operation of the Shelter in relation to Shelter Partner’s operations. Shelter Partner’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, authorized volunteers, or agents.
B. City Indemnification: City shall hold harmless, indemnify, and defend each Participant, its officers, employees, authorized agents, and agents from and against any and all claims, suits, or actions of every kind brought for or on account of injuries to or death of any person or damage to any property of any kind whatsoever and to whomsoever belonging which arise out of the performance or nonperformance of City's covenants and obligations under this Agreement and which result from the actively negligent or wrongful acts of City or its officers, employees, authorized agents, or agents. This provision requiring City to hold harmless, indemnify, and defend Shelter Partner shall expressly not apply to claims, losses, liabilities, or damages arising from actions or omissions, negligent or otherwise, of any independent contractor providing services pursuant to a contract with the City. City’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Shelter Partner, its elected and appointed officials, employees, authorized volunteers, or agents.
C. Comparative Negligence: In the event of concurrent negligence of the City, its officers, authorized volunteers, or employees, and Shelter Partner, its officers, authorized volunteers, or employees, then the liability for any and all claims for injuries or damages to persons and/or 8 property or any other loss or cost which arises out of the terms, conditions, covenants or responsibilities of this Agreement shall be apportioned in any dispute or litigation according to the California theory of comparative negligence.
SECTION V. INSURANCE
City and Shelter Partner agree to maintain adequate insurance to cover their obligations under this Agreement and as required by law.
SECTION VI. TERMINATION
In the event Shelter Partner fails to pay, for any reason, any amount to be paid by Shelter Partner under this Agreement, such failure shall constitute a default under this Services Agreement and the City shall have the right to immediately terminate such Services Agreement, at its discretion.
SECTION VII. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such Party shall not be held liable for such failure to comply.
SECTION VIII. AMENDMENTS AND ENTIRE AGREEMENT
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the Parties hereto. This Agreement, including any exhibits, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.
SECTION IX. SEVERABILITY
Each paragraph or provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect and shall in no way be affected, impaired or invalidated thereby to the extent such provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
SECTION X. NO THIRD PARTY BENEFICIARIES
This Agreement between the Parties is intended for the mutual benefit of the two signing Parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.
SECTION XI. DISPUTE RESOLUTION
A. Defaults and Remedies.
9 1. Defaults. The failure by any Party to perform any of its obligations set forth in this Agreement shall constitute a default of this Agreement. Except as required to protect against further damages, the nondefaulting Party may not institute legal proceedings against the Party in default until the nondefaulting Party has provided the defaulting Party notice of the default and the following applicable cure period has expired: (i) the cure period for any monetary default shall be fifteen (15) calendar days after the defaulting Party's receipt of written notice from the nondefaulting Party that such obligation was not performed; and (ii) the cure period for any other default shall be thirty (30) days after the defaulting Party's receipt of written notice from the nondefaulting Party that such obligation was not performed.
2. Remedies Upon Default. Upon the occurrence of any default and after the defaulting Party has received written notice of default and the time period to cure the default has expired, the nondefaulting Party may at its option pursue damages or specific performance or other legal and equitable remedies the injured Party may have against the defaulting Party in accordance with applicable law. Should Shelter Partner or any Participant fail to pay any payment due by Shelter Partner or that Participant hereunder, the City may take any action as is appropriate to obtain such payment. Nothing herein shall be construed as the City's exclusive remedy for the remediation of default by Shelter Partner or other Participants, and the City reserves the right to pursue any and all available rights and remedies at law or in equity.
3. Non-refund of Contributions. The payments made by all Parties pursuant to this Agreement shall be used for completion and maintenance of the Shelter Improvements in the manner described herein and all Parties acknowledge and agree that the completion and maintenance of the Shelter Improvements, as well as the completion of each phase of construction activity and each construction milestone under the Construction Contract, provides an immediate benefit to each Party and that no payments made pursuant to this Agreement shall be refunded for any reason other than pursuant to the last sentence of Section XI(B)(1)(i).
B. Results of Nonpayment.
1. Adjustment of Payments Upon Nonpayment.
i. The Parties acknowledge that the failure of any Participant to pay any amount hereunder will result in an increase in the operational costs of sheltering Services to be divided among all other Participants. To that end, in the event any Participant fails to pay, for any other reason, any amount to be paid by that Participant under this Agreement, within fifteen (15) days of when such payment is due, the amount of such nonpayment will be apportioned among the remaining Participants such that the remaining Participants' will be responsible to pay such unpaid amount. The amounts paid by the remaining Participants pursuant to this section will be applied in the following order: first to replenish any the City funds spent on Actual Construction Costs that would have been paid by funds owed by the nonpaying Participant, second to pay any other amounts due to the City by the nonpaying Participant pursuant to this 10 Agreement, and the remainder to pay Actual Construction Costs as they come due. Should the non-paying Participant pay any portion of the amount owing, the increased cost paid pursuant to this subsection by the remaining Participants will be reimbursed to the extent of the amount of such repayment. This section shall apply to each payment obligation owed and not paid by any Participant as it becomes due and payable and shall not result in any acceleration of the full amount payable by the nonpaying Participant over the term of this Agreement.
In the event any Participant should default in its obligations under this Agreement and no longer obtain sheltering Services from the City, City shall consult with all Participants then obtaining Services from the City to discuss methods of cost reduction that may be made available as a result of such reduction in sheltering Services usage.
ii. It is the intention of all Parties that no funds provided by any Participant under this Agreement shall be reimbursed for any other reason than that set forth in the last sentence of Section XI(B)(1)(i). If, pursuant to judicial action or threat thereof, any funds are reimbursed under this Agreement to any Participant, other than pursuant to the last sentence of the foregoing Section XI(B)(1)(i), the remaining Participants' will be responsible to pay to the City the reimbursed amount.
iii. Each Participant's proportional share of any amounts required to be paid by Participants pursuant to this section shall be determined based on the formula set forth on Exhibit B. Each Participant's resulting incremental increase in contribution will be due within thirty (30) days of notification by the City to the participating Participants of the increased amount owing. The obligation of Participants to pay increased amounts under this Section is not intended to be an exclusive remedy. The City reserves the right to take any action as is appropriate to obtain payment from any non-paying Participant. Additionally, each Participant paying increased costs pursuant to this Section, shall have and retain the right to take any action at law or equity as is appropriate to obtain reimbursement of such increased payment amounts from the non-paying Participant.
C. General Dispute Resolution Procedures.
1. Informal Resolutions. The Parties shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the Parties.
2. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in San Bernardino, California, and the Parties waive any and all provisions of law providing for a change of venue to another location.
SECTION XII. ASSIGNMENT
11 This Agreement shall be binding upon the Parties and their successors in interest. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the Parties without the prior written consent of the other Party.
SECTION XIII. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective Parties at the addresses set forth below and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid:
CITY:
City of San Bernardino
Attention: City Manager
290 North D Street
San Bernardino, CA 92401
SHELTER PARTNER:
City of Loma Linda
Attention: City Manager
25541 Barton Road
Loma Linda, CA 92354
SECTION XIV. CONTRACT PERFORMANCE
City’s Director of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with Shelter Partner’s City Manager, or designated representative.
SECTION XV. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the exhibits and schedules hereto.
SECTION XVI. COUNTERPARTS; ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all of the Parties. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
SECTION XVII. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies.
12 SECTION XVIII. INDEPENDENT CONTRACTOR
The City is acting as an independent contractor to the Shelter Partner under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another Party to this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between any Participant and City or any of City's agents or employees. City shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by City pursuant to this Agreement. City, its agents, and employees shall not be considered to be Participant employees.
SECTION XIX. COOPERATION, FURTHER ACT
The Parties shall cooperate fully with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
SECTION XX. MISCELLANEOUS
A. Attorney's Fees: In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney's fees, costs and expenses.
B. Interpretation: This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of its own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that it has not been influenced to any extent whatsoever in executing this Agreement by the other Parties hereto or by any person representing the other Parties, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purpose of the Parties and this Agreement.
C. Authority: The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.
SIGNATURE PAGE
SIGNATURE PAGE TO
AGREEMENT FOR ANIMAL SHELTER SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOMA LINDA IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement.
CITY OF SAN BERNARDINO,
a charter city and municipal corporation
By:__________________________
Rochelle Clayton
Acting City Manager
CITY OF LOMA LINDA,
a municipal corporation
By:__________________________
Jarb Thaipejr
City Manager
ATTEST:
By:___________________________
Genoveva Rocha
City Clerk
ATTEST:
By:___________________________
Lynette Arreola
City Clerk
APPROVED AS TO FORM:
By:___________________________
Thomas Rice
City Attorney
APPROVED AS TO FORM:
By:___________________________
City Attorney
EXHIBIT A
SCOPE OF SHELTER SERVICES
Services
City shall operate and maintain an animal shelter providing shelter services, including intake examinations/assessments, daily care for all animals, veterinary treatment, spay/neuter, adoptions, transfers, return to owners, euthanasia, and routine deceased animal disposal consistent with legal requirements and mandates. The City shall update procedures as needed to remain compliant with local, State and Federal Laws.
City shall remain available and staffed for animal drop offs by Shelter Partner’s animal control officers seven days per week from 8:30 a.m. to 4:30 p.m. City shall permit Shelter Partner’s staff access to the facility after-hours for emergency animal drop offs.
City will only accept animals picked up by Shelter Partner from within Shelter Partner’s jurisdiction, including impounds of all animals seized by Shelter Partner as a result of an executed search warrant. Shelter Partner shall not attempt to drop off any animal picked up from outside the Shelter Partner’s jurisdiction.
City shall hold animals dropped off in accordance with City policies, but in no event for less time than required by State law or local ordinance. Shelter Partner shall notify City about any animal from their jurisdiction requiring an extended hold subsequent to an open investigation by Shelter Partner’s staff. City shall hold those cases until such time as they have been cleared for release by Shelter Partner. Impound periods vary depending on the type of impound and condition/disposition of the animal.
City shall provide Shelter Partner with monthly intake and outcome statistics for all animals dropped off by Shelter Partner or surrendered by a resident of Shelter Partner.
City will provide any necessary paperwork for Shelter Partners to seek reimbursement on criminal cases, welfare cases, rabies quarantines, and evidentiary holds.
City shall accept surrendered animals from owners located in the Shelter Partner’s jurisdiction during the City shelter’s normal hours for the public. Owner surrenders of animals with a documented history of aggression to humans, domestic animals and/or those under investigation for aggressive behavior shall be prioritized and accepted immediately. All adoption returns shall be accepted for up to 45 days post adoption, regardless of reason for return. Owner surrenders of all other pets, including adoption returns 46 days and later post adoption may be limited depending on the reason for surrender, current shelter population and available space at the time of the request.
City shall accept only sick, injured, abandoned or underage cats and kittens from the Shelter Partner’s jurisdiction.
City shall offer microchipping to pets from the Shelter Partner’s jurisdiction for the same fees charged to City’s residents.
City shall only accept sick, injured or deceased wildlife from Shelter Partner’s Jurisdiction.
Services Not Provided
Shelter Partner shall remain responsible for animal control services within its jurisdiction.
Shelter Partner shall remain responsible for healthy wildlife within its jurisdiction.
Shelter Partner shall remain responsible for animal licensing within its jurisdiction.
Shelter Partner Drop Off Requirements
Shelter Partner animal control officers shall provide the following information at the time of drop off for each animal dropped off at the Shelter on any forms required by City:
o Reason for pick up (e.g., stray, confiscation, bite quarantine, surrender etc.); o Where picked up;
o When picked up; and
o Owner information (if known).
EXHIBIT B
CONSTRUCTION COSTS OF SHELTER IMPROVEMENTS
Animal Shelter Estimated Cost/Project Percentage of Each Item Item Square
Feet
Linear
Feet
Cubic
Yard Each Cost Project Percentage
Kennels (270) 8,017 $2,186,080.00 60%
Electrical Wiring (120V) 3,000 $31,200.00 1%
Electrical Wiring (240V) 3000 $33,000.00 1%
Copper Water Pipes 1,430 $11,154.00 0%
Concrete Foundation 4,350 $33,495.00 1%
Grading 4,785 $31,102.50 1%
Sewer Line 911 $284,687.50 8%
Sewer Line Back Fill 911 $14,271 0%
24' x 60' Modular Building $172,703.66 5%
Curb and Gutter 534 $52,065.00 1%
Tree Removal (5) 5 $22,750.00 1%
Excavation 1,812 $108,720.00 3%
ADA Ramps 4 41600 1%
Lights 35 $11,375 0%
Design (Architect and
Engineering Fees) $151,710.17 4%
Contingency (Unforseen
Underground Utilities) $455,130.52 13%
Total $3,641,044 100%
*Additional Costs for the City of San Bernardino $358,956 100% Grand Total $4,000,000
Contribution Amount by Partner
*San Bernardino (53.5% of Costs) $2,306,915
Fontana (24% of Costs) $873,851
Rialto (14% of Costs) $509,746
Colton (7% of Costs) $254,873
Grand Terrace (1% of Costs) $36,410
Loma Linda (.5% of Costs) $18,205
Grand Total $4,000,000
EXHIBIT C
PAYMENT SCHEDULE
Payment for construction costs related to shelter improvements can be made by the Shelter Partner, City of Loma Linda in one lump sum amount of $18,205.00 due at the start of the Contract on July 1, 2024 or in 8 quarterly payments of $2,276.00 each according to the following schedule:
Date Payment Amount
7/1/2024 $2,276
10/1/2024 $2,276
1/1/2025 $2,276
4/1/2025 $2,276
7/1/2025 $2,276
10/1/2025 $2,276
1/1/2026 $2,276
4/1/2026 $2,273
Total $18,205
EXHIBIT D
ESTIMATED SALARIES OF SHELTER STAFF
Position Title
Number of
Positions
Needed
Total Salary
Cost
Total Benefits
Cost
Combined
Salary and
Benefits Cost
Animal Shelter Attendant 8 $374,360.00 $214,664.00 $589,024.00 Animal Services
Representative 2 $93,590.00 $53,666.00 $147,256.00
Senior Animal Services
Representative 7 $361,914.00 $192,339.00 $554,253.00
Animal Services
Supervisor 2 $160,260.00 $62,418.00 $222,678.00
Animal Services Manager 1 $101,797.00 $34,054.00 $135,851.00 Community Services
Program Coordinator 4 $262,772.00 $117,256.00 $380,028.00 Registered Veterinary
Technician 2 $139,494.00 $59,692.00 $199,186.00
Veterinary Assistant 3 $164,673.00 $83,685.00 $248,358.00 Shelter Veterinarian 1 $178,846.00 $44,170.00 $223,016.00 Total Staffing Costs $2,699,650.00
Estimated Cost
to Partners City Percentage Share
$1,444,312.75 San Bernardino 53.5%
$647,916.00 Fontana 24%
$377,951.00 Rialto 14%
$188,975.50 Colton 7%
$26,996.50 Grand Terrace 1%
$13,498.25 Loma Linda 0.5%
$2,699,650.00 Total 100%
EXHIBIT E
COMPENSATION FOR ANIMAL CARE SHELTER SERVICES
The Shelter Partner, City of Loma Linda shall be billed for actual staffing costs based on their percentage of share from Exhibit D and other shelter related expenses on a quarterly basis. The City shall send an itemized billing to the shelter partner at the beginning of each quarter for services rendered in the preceding three-month period. Payment is due to City by the Shelter Partner within 30 calendar days of their receipt of the invoice.
Additional Costs which may be billed to Shelter Partners at actual cost:
• Livestock, including domestic cattle and equine to be housed and cared for at contracted stables.
• Emergency veterinary visits at contracted veterinary hospitals to be approved by Shelter Partner for after-hours emergencies and Animal Cruelty cases where specialized treatment or necropsies are necessary.
• Extra deceased animal disposal requests from Shelter Partner, including large livestock disposals located in Shelter Partner’s Jurisdiction.
• Additional supplies as needed, including veterinary medical supplies and pet food at cost.
City of Loma Linda
Regular City Council Staff Report
Accept Grant Donation of Electrocardiograms (ECG) [Fire] Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3G
To
City Council
From
Jeff Gillette, Battalion Chief
Via
Dan Harker, Fire Chief
RECOMMENDATION:
Staff recommends that the City Council accept the Grant donation of five (5) Electrocardiogram (ECG) monitors from the San Manuel Band of Mission Indians valued up to $300,000.
BACKGROUND:
The current ECG monitors used by the City of Loma Linda Fire Department are nearing the end of their lifecycle and need to be replaced with units featuring advanced technology. The Inland Counties Emergency Medical Agency (ICEMA) mandates that paramedic services provide patients with ECG monitoring, necessitating this update.
The City of Loma Linda Fire Department applied for a grant from the San Manuel Band of Mission Indians, which required no matching funds. The grant was awarded, resulting in the donation of the ECG monitors to the Fire Department.
Consequently, the city is not financially responsible for the purchase of these monitors. In recognition of this generous donation, the city will display the San Manuel Band of Mission Indians logo on the ECG monitors.
Upon receipt of the monitors, the Fire Department in collaboration with the San Manuel Band of Mission Indians, will present an update report to the City Council.
ANALYSIS:
None
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
None
City of Loma Linda
Regular City Council Staff Report
Council Bill #R-2024-21 - A Resolution to Add Canyon Ranch Annexation Area (Annexation Area 70; LAFCO 3259) to Council District 4 [Administration]
Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3H
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:
Staff recommends City Council adopt Council Bill #R-2024-04, a Resolution declaring the annexation area of approximately 141 acres, known as the Canyon Ranch, be added to Council District No. 4.
BACKGROUND:
On November 8, 2022, the City Council adopted an Ordinance transitioning to district-based elections system per Elections Code Section 10010. The City Council conducted two public hearings on August 9, and September 6, 2022, to obtain input from the public on the composition of district maps. The City Council conducted the two public hearings on October 11 and 25, 2022, to review and to select a district map and sequence of elections. The final Council, District map was adopted on November 8, 2024.
On July 12, 2022, City Council adopted a Resolution approving the annexation of approximately 1412 acres known as Canyon Ranch Annexation into the City and to forward to the Local Agency Formation Commission for the proceedings of adoption of the annexation area into the City. On October 31, 2023, the Local Agency Formation Commission adopted Resolution No. 3388 ordering LAFCO 3259 the reorganization to include annexation to the City of Loma Linda and detach from the San Bernardino County Fire Protection District, its Valley Service Zone, and its Zone FP-5, and County Service Area 70. The effective date was November 2, 2023.
ANALYSIS:
This newly city territory area must be assigned to a Council District. Per Elections Code Section 21603(a), which states that if the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidated with another City, the City Council shall add that new territory to the nearest Council District without changing the boundaries of other Council District boundaries. The nearest district to to the Canyon Ranch Annexation area is District 4.
Every ten years, local governments use new census data information to redraw their district lines to reflect population changes.
ENVIRONMENTAL IMPACT:
None
FINANCIAL IMPACT:
None
Attachments
Attachment A - Resolution Adding Canyon Ranch Annexation to District 4.pdf Attachment B - District Map.pdf
ATTACHMENT A
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA,
CALIFORNIA, DECLARING THAT ANNEXED TERRITORY IS ADDED TO COUNCIL DISTRICT 4
WHEREAS, on July 12, 2022, the City Council approved Resolution No. 3153 requesting the Local Agency Formation Commission to take proceedings for the annexation of approximately 141 acres in the unincorporated area of the County of San Bernardino and known as the Canyon Ranch Annexation; WHEREAS, on November 8, 2022, the City Council adopted Ordinance No. 775 establishing City Council election district boundaries and sequencing elections within those boundaries to change the City’s electoral system from at-large to by-district with respect to electing members of the City Council; WHEREAS, a description of the boundaries of the Canyon Ranch Annexation is set forth in Exhibit “A” attached hereto and by this reference incorporated herein; WHEREAS, on November 2, 2023, the Local Agency Formation Commission approved the requested Canyon Ranch Annexation as Annexation No. 70; LAFCO 3259; WHEREAS, California Election Code Section 21603(a) provides that “If the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries;” and
WHEREAS, the nearest existing council district to the Canyon Ranch Annexation, known as the Canyon Ranch Development, is Council District 4;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Loma Linda hereby adds the territory known as the Canyon Ranch Development to Council District 4.
PASSED AND ADOPTED by the City Council of Loma Linda, California this 11th day of June, 2024, by the following vote:
AYES:
ABSENT:
NOES:
ABSTAIN:
Phillip Dupper, Mayor
ATTEST:
Lynette Arreola, City Clerk
CITY OF LOMA LINDA
CANYON RANCH ANNEXATION
LAFCO No. ---
THOSE PORTIONS OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF BARTON ROAD AND NEW JERSEY STREET AS SHOWN ON PARCEL MAP NO. 12568, BOOK 168, PAGE 9,
RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF SECTION 32;
COURSE 1: THENCE NORTH 89°
52'45" EAST ALONG SAID CENTERLINE OF
BARTON ROAD AND SAID NORTHERLY LINE OF SECTION 32 AS SHOWN ON SAID PARCEL MAP A DISTANCE OF 764.01 FEET TO THE CENTERLINE INTERSECTION WITH SAN TIMOTEO CANYON ROAD;
COURSE 2: THENCE SOUTH 20°
52'39" EAST ALONG SAID CENTERLINE OF SAN
TIMOTEO CANYON ROAD A DISTANCE OF 350.35 FEET TO AN ANGLE POINT; COURSE 3: THENCE SOUTH 38°35'09" EAST ALONG SAID CENTERLINE A DISTANCE OF 721.20 FEET TO AN ANGLE POINT AS SHOWN ON RECORD OF SURVEY RECORDED IN COUNTY SURVEYOR BOOK 67, PAGES 8-10, RECORDS OF
SAID COUNTY, SAID ANGLE POINT BEING ON THE EASTERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32;
COURSE 4: THENCE SOUTH 00°
20'37" EAST ALONG SAID CENTERLINE AND THE
CENTERLINE OF NEV ADA STREET, SAID CENTERLINES ALSO BEING THE SAID EASTERLY LINE OF SECTION 32, A DISTANCE OF 1742.70 FEET TO THE CENTER 1/4 OF SAID SECTION 32;
COURSE 5: THENCE SOUTH 00°
22'56" EAST ALONG SAID CENTERLINE OF
NEVADA STREET AND SAID EASTERLY LINE A DISTANCE OF 1319.44 FEET TO THE
CENTERLINE INTERSECTION WITH BEAUMONT A VENUE AS SHOWN ON SAID RECORD OF SURVEY;
COURSE 6: THENCE CONTINUING SOUTH 00°
22'56" EAST ALONG SAID
CENTERLINE OF NEVADA STREET AND SAID EASTERLY LINE A DISTANCE OF 575.45 FEET TO THE INTERSECTION THE NORTHEASTERLY RIGHT OF WAY LINE OF SOUTHERN PACIFIC RAILROAD, 100 FOOT HALF-WIDTH, AS SHOWN ON PARCEL MAP 16302, BOOK 205, PAGES 97-98, RECORDS OF SAID COUNTY, SAID
POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, AND HA VINO A RADIUS OF 1809.86 FEET, A RADIAL TO SAID POINT BEARS SOUTH 33°
44'43" WEST;
3259
Exhibit A
COURSE 7: THENCE ALONG SAID CURVE AND SAID RIGHT OF WAY AN ARC DISTANCE OF 355.36 FEET THROUGH A CENTRAL ANGLE OF 11 °14'59" TO THE
BEGINNING OF A COMPOUND CURVE, CONCA VE TO THE NORTHEAST AND HAVING A RADIUS OF 5629.60 FEET, A RADIAL TO SAID POINT BEARS SOUTH 44°
59'43" WEST;
COURSE 8: THENCE ALONG SAID COMPOUND CURVE AND SAID RIGHT OF WAY AN ARC DISTANCE OF 474.44 FEET THROUGH A CENTRAL ANGLE OF 04° 49'43" TO
THE INTERSECTION WITH THE CENTERLINE OF BEAUMONT A VENUE AS SHOWN ON SAID PARCEL MAP;
COURSE 9: THENCE CONTINUING ALONG SAID CURVE AND SAID RIGHT OF WAY AN ARC DISTANCE OF 534.68 FEET THROUGH A CENTRAL ANGLE OF 05°
26'30";
COURSE 10: THENCE NORTH 34°
44'04" WEST ALONG SAID RIGHT OF WAY A
DISTANCE OF 1869.65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 2964.88 FEET;
COURSE 11: THENCE ALONG SAID CURVE AN ARC DISTANCE OF 117.51 FEET THROUGH A CENTRAL ANGLE OF 02°
16'15" TO SOUTHWEST CORNER OF THAT
PARCEL OF LAND CONVEYED TO THE CITY OF LOMA LINDA BY LOMA LINDA ANNEXATION NICK'S WELL SITE, LAFC NO. 1521, DATED AUGUST 4, 1975; COURSE 12: THENCE NORTH 89°
48'57" EAST ALONG THE SOUTHERLY LINE OF
SAID ANNEXIATION A DISTANCE OF 332.91 FEET TO THE CENTERLINE OF SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT EASEMENT FOR SAN
TIMOTEO CREEK, SAID POINT BEING THE SOUTHEAST CORNER OF SAID ANNEXATION;
COURSE 13: THENCE NORTH 22°
45'29" WEST ALONG SAID CENTERLINE AND THE
EASTERLY LINE OF SAID ANNEXATION A DISTANCE OF 286.38 FEET TO THE
BEGINNING OF A TANGENT CURCE, CONCA VE TO THE SOUTHWEST AND HAVING A RADIUS OF 2292.00 FEET;
COURSE 14: THENCE ALONG SAID CENTERLINE AND SAID EASTERLY LINE AN ARC DISTANCE OF 693.02 FEET THROUGH A CENTRAL ANGLE OF 17° 19'28" TO A
POINT ON THE NORTHERLY LINE OF LOT 6, MRS. BURMUDEZ SURVEY, AS SHOWN ON PLAT IN BOOK 13, PAGE 35 OF MAPS, RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID ANNEXATION;
COURSE 15: THENCE NORTH 87°
55'25" WEST ALONG SAID NORTHERLY LINE OF
LOT 6 AND ALONG THE NORTHL Y LINE OF SAID ANNEXATION A DISTANCE OF 464.07 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 32, SAID POINT
Exhibit A
BEING THE NORTHWEST CORNER OF SAID LOT 6 AND THE NORTHWEST CORNER OF SAID ANNEXATION;
COURSE 16: THENCE NORTH 00°
35'22" WEST ALONG SAID WESTERLY LINE OF
SECTION 32 A DISTANCE OF 362.95 FEET TO A POINT 660.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 32, SAID POINT BEING THE SOUTHWEST
CORNER OF THAT PARCEL OF LAND CONVEYED TO THE CITY OF LOMA LINDA BY LOMA LINDA ANNEXATION LAFC NO. 2363, RECORDED IN INSTRUMENT NO. 1986- 0161106, OFFICIAL RECORDS OF SAID COUNTY;
COURSE 17: THENCE NORTH 87°
55'06" EAST ALONG THE SOUTHERLY LINE OF
SAID ANNEXATION A DISTANCE OF 1308.51 FEET TO THE SOUTHEAST CORNER OF
SAID ANNEXATION, SAID CORNER BEING A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NEW JERSEY STREET, 6 FOOT HALF-WDTH, AS SHOWN ON SAID MRS. BURMUDEZ SURVEY;
COURSE 18: THENCE NORTH 00°
27'23" EAST ALONG THE EASTERLY LINE OF
SAID ANNEXATION AND SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 615.74 FEET TO THE POINT OF BEGINNING.
CONTAINING APPROXIMATELY 141.378 ACRES.
This legal description was prepared by me or under my direction.
Edward J. Bonadiman, PLS Date
Exhibit A
REDL.ANDSCllYUl.llT
11-----,
I I
i
i. SAN TIMOTEO CANYON ROAD
D'2o'J7'W 1742.70 4
1:AST1/4CORSECJ2.
EXHIBIT NOTES:
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CITY OF LOMA LINDA
CANYON RANCH ANNEXATION
1.AFCO No, __
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PAEPAREllfo� LlLSURt/CORPORI\TlO/l
JC IICAI.E: S.IEfiT: 1 OF 1
Exhibit A
ATTACHMENT B
Canyon Ranch Annexation
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o. 70; LAFCO 3259
(Outlined in Blue)
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City of Loma Linda
Regular City Council Staff Report
Notice of Completion - Upgrade of the Audio and Visual Equipment in the Council Chambers Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3I
To
City Council
From
Lynette Arreola, City Clerk
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 April 11, 2023, the City Council awarded the contract for the Council Chambers Audio/Visual System Upgrade to Western A/V of Orange, CA, in the amount of $255,361.21. The Council Chambers presentation and broadcast equipment system has been stagnant for nearly 15 years. The upgrade to the system was a benefit to the City.
On December 12, 2023, the City Council approved a change order to the contract which included upgraded functions to city staff's monitors and to provide accessible network connections in the amount of $19,000. Change order cost savings from the original contracts were applied towards the cost of this change order. The final cost of the project was $269,073.00. The additional cost was within the contingency allocation of the project.
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.
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
Funding for this project was allocated from 0013400-58845 ($161,871.00) and 3162350-58845 (107,202.00).
Attachments
NOC - Council Chamber Equipment Upgrade.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 April 2, 2024
8. The work of improvement completed is described as follows: Council Chambers Audio and Visual Equipment Upgrade
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Western A/V, 1592 N. Batavia St., Ste. 2, Orange CA, 92867
10. The street address of said property is City of Loma Linda, 25541 Barton Rd., 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:
Audio and visual equipment upgrade in City Council Chambers 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\Electrical Wiring for New Generator (CIP 21-858).doc City of Loma Linda
Regular City Council Staff Report
Agreement for Professional Services with Romo Planning Group [Community Development] Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3J
From
Nicole Campbell, Associate Planner
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1. APPROVE the Agreement for Romo Planning Group to prepare the necessary documents for processing the environmental review of Precise Plan of Design No. P23-180 Loma Linda University Building Pediatric Medical Office Building; and,
2. AUTHORIZE the use of funds to be deposited as a pass-through fee in the amount of $69,500, which includes a 10% contingency fee. These funds will be paid by the applicant to cover the costs of the environmental review.
BACKGROUND:
The City received a Precise Plan of Design application for a proposed five-story, 105,000-square-foot medical office building. The project is on an existing parking lot located on the southeast corner of Barton Road and Anderson Street (APN: 0284-191-23).
To comply with the California Environmental Quality Act (CEQA), an environmental review is required to assess the potential environmental impacts of the proposed project. This review will include the preparation of technical studies to analyze aspects such as traffic, noise, air quality, and other environmental factors.
ANALYSIS:
On February 14, 2024, Staff sent out a Request for Proposals to seventeen (17) firms to prepare the necessary environmental analysis for the project. The City received eight (8) responses ranging from $51,500 to $79,470, each offering a different scope of work.
After reviewing all proposals, Romo Planning Group was selected. The City has successfully worked with Romo Planning Group in the past. Their proposal offered the best balance of cost and completion time, making it the most cost-effective option. Additionally, Romo Planning Group meets all the qualifications and has extensive experience with environmental reviews. Their knowledge of the City's General Plan, Development Code, and Measure V further ensures they are well-equipped to handle this project efficiently and effectively.
FINANCIAL IMPACT:
This Agreement will not result in any financial impacts to the City. The associated costs will be borne by the applicant, as indicated by the request to use funds deposited by the applicant as a pass-through fee in Account No. 0110000-22007.
Attachments
Agreement for Consultant Services (with exhibits).pdf
1 CITY OF LOMA LINDA
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of _June 11, 2024, between the City of Loma Linda, a municipal corporation ("City") and Romo Planning Group, a California corporation, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on June 11, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless otherwise terminated pursuant to the provisions of this Agreement. The City and Consultant may extend the Agreement upon their mutual written consent.
2. SERVICES
Consultant shall act as the plan reviewer and perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, based upon actual time spent on the above tasks.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
2 (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (30) days prior written notice. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to 3 the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and 4 other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal.
Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or 5 intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 aggregate total bodily injury, personal injury, and property damage. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall 6 specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed. (b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13.
(2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. (3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. 7 (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City. (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
8 (h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
(k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, 9 including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Loma Linda in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Loma Linda will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
10 (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City:
To Consultant:
T. Jarb Thaipejr, City Manager
City of Loma Linda
25541 Barton Rd.
Loma Linda, CA 92354
Gus Romo
Romo Planning Group, INC
9431 Haven Ave. Suite 232
Rancho Cucamonga, CA 91730
11 17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Loma Linda business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Loma Linda.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONTENTS OF REQUEST FOR PROPOSAL
Consultant is bound by the contents of City’s Request for Proposal, Exhibit A hereto, and the contents of the proposal submitted by Consultant, Exhibit B hereto. In the event of conflict, the terms and requirements of the City’s Request for Proposal and this Agreement shall take precedence over those contained in the Consultant’s proposals.
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement. 12 23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or the Loma Linda Municipal Code, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
13 CONSULTANT: Romo Planning Group, INC CITY: City of Loma Linda By: By:
Signature Signature
Name: Name: T. Jarb Thaipejr
Typed/Printed Typed/Printed
Title: Title: City Manager
ATTEST:
Lynette Arreola, City Clerk
APPROVED AS TO FORM:
Diane Robbins, City Attorney
City of Loma Linda
25541 Barton Road, Loma Linda, CA 92354 (909) 799-2830 (909) 799-2894 Community Development Department
REQUEST FOR PROPOSALS
FOR
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
RELEASE DATE: FEBRUARY 14, 2024
SUBMITTAL DEADLINE: March 4, 2024
INTRODUCTION
The City of Loma Linda (City) is soliciting proposals from planning consultant firms (Consultant) to assess the potential environmental impacts of the Proposed Project (the “Project”), as described below, and prepare an Initial Study/Mitigated Negative Declaration (IS/MND) and other California Environmental Quality Act (CQA) documentation as required.
PROJECT DESCRIPTION
The City has received a proposal for the development of a five-story, 105,000 square-foot medical office/clinic building on an existing parking lot located on the southeast corner of Barton Road and Anderson Street (APN: 0284-191-23). The City of Loma Linda will be the Lead Agency for consideration of approving the project application and the Califomia Environmental Quality Act (CEQA) document.
Included for your initial review is the Site Plan (Attachment B). In addition, the applicant has prepared a Preliminary Grading Plan, Water Quality Management Plan (WQMP), and a Fire Access Plan, which will be provided to the selected Consultant.
GENERAL SCOPE OF SERVICES
The Consultant will work collaboratively with Staff and the applicant to evaluate the project site and surrounding land uses through site visits, meetings, research and other methods the Consultant believes appropriate.
The Consultant will be required to prepare the environmental Initial Study (which includes hiring subconsultants to prepare the required technical studies), and manage the preparation of the appropriate CEQA document, such as the Mitigated Negative Declaration, based on the findings and pursuant to the adopted requirements of the Loma Linda General Plan, Loma Linda Municipal Code, Measure V Growth Initiative, and other state and federal laws, as applicable.
The Consultant will analyze the existing and future impacts associated with the proposed development. Technical studies such as Traffic, AQ/GHG, Biological Resources, Cultural Resources, and a Noise Impact Study will likely be used to complete the IS/MND and shall be provided to the City.
Other tasks will include drafting the required public notices/notice of intent and responding to outside agencies’ questions or the public’s concerns in regards to the environmental documents, including responding to questions during the public hearing.
Exhibit A
City of Loma Linda RFP – Consultant Services
The tasks outlined in the scope of services section represent what the City believes to be a logical approach.
GENERAL SCOPE OF SERVICES
Under the direction of City Staff, the Consultant shall prepare an Initial Study/Mitigated Negative Declaration and all CEQA related documents, including the Mitigation Monitoring Reporting Program.
Duties include, but are not limited to, the following:
Prepare the official project description that will articulate the proposed development activity, required discretionary approvals, and any other pertinent information. To be reviewed and approved by the City Planner.
Prepare an environmental Initial Study/MND and Mitigation Monitoring Report Program while incorporating the following technical studies, pursuant to CEQA, and if applicable:
Traffic Study - Must comply with both Measure V’s Level of Service (LOS) requirements and Vehicles Miles Traveled (VMT).
Air Quality/Greenhouse Gas, Cultural Study, General Biological Resource Assessment, and Noise Impact Study.
Others as deemed necessary to complete the environmental review. If the Consultant believes otherwise, please include and explain in the proposal. Clearly identify the study as optional in the scope of work and cost proposal.
Confer, as needed, with City Staff and the Applicant while working as an extension of City Staff. Gather and analyze data by reviewing project plans, reports, technical studies, files, related materials.
Manage preparation of the appropriate CEQA document, such as an MND, based on the findings of the Initial Study.
Comply with AB 52 notification requirements and prepare the Notice to Consult letter. Staff will assist with tribal consultation and mail the letters and supporting documents to the appropriate tribal representatives.
Prepare notices such as Notice of Intent to Adopt, Notice of Determination, and/or Notice of Completion. Staff will mail/email the affected agencies and interested parties. Assist City Staff in the preparation of responses to comments as a result of distributed notices. Attend one public hearing meeting: City Council
Notify the City Planner when contacting other City Staff for necessary information and technical input, as well as any contact with community members or outside agencies. Prepare the CEQA/Environmental Findings section of the project Staff Report. This section shall include a comprehensive review of the IS/MND with a special focus on traffic mitigations and Measure V compliance.
Submit all document drafts to the City of Loma Linda via email in Microsoft Word. If files are too large to email, they should be made available via a FTP site.
The final scope of services will be based on the Consultant’s approach to the project and will be negotiated with the firm selected and will be included in the services agreement. If the Consultant has an issue with a particular work item, a reason for the concern shall be stated in the proposal and an alternate scope of work item shall be provided.
City of Loma Linda RFP – Consultant Services
REQUIRED VENDOR QUALIFICATIONS
The City of Loma Linda is selecting consultants with the qualifications to assist the City with the aforementioned project and associated tasks. At a minimum, the Consultant must be able to demonstrate the following qualifications:
Experience drafting Initial Studies;
Experiencing working with sub-contractors to generate the appropriate reports; Experience assisting and working with similar size municipalities; Experience successfully managing and completing comparable projects and meeting deadlines; Experience responding to public comments;
Experience with the City of Loma Linda community, its municipal code and general plan.
CITY’S DUTIES
City Planner will be the main point of contact for all project questions and tasks. City will be responsible to pay for and carry out the task of mailing or emailing all notices drafted by the Consultant, as well as post or publish the hearing notices as needed. City will provide document templates used for previous projects to the Consultant upon request. City Planner will present the project at both public hearing meetings, including the prepared environmental document, Staff report, and findings. However, the Consultant is expected to attend should there be questions regarding the CEQA document, Measure V compliance, and any environmental studies.
City is responsible for filing CEQA notices to the County on behalf of the Applicant. Applicant will pay for the Notice of Determination and any CEQA filings upon the approval of project. City will work with the City’s GIS technician to prepare any amendments to the GIS maps, if needed.
TASKS AND DELIVERABLES
Consultant will attend a kick-off meeting with City Staff and the Applicant to discuss the project and proposed scope of work. Consultant will identify data needs, project objectives, and ensure that deliverables are consistent with the overall project timeline. Consultant will work with City Planner and Applicant to prepare an official project description that will articulate the proposed development activity, required discretionary approvals, and any other pertinent information. Information provided by Applicant will be the basis for the project description. Consultant will prepare all notices such as the Notice to Consult for tribal distribution, Notice of Intent to Adopt/Availability, Notice of Completion, and Notice of Determination. Consultant will prepare the environmental Initial Study (IS) document and Mitigation Monitoring Report Program (MMRP). All conclusions and substantiating information will be documented in the IS/MND. City Staff will not prepare any IS/MND sections but work with the Consultant to help find city-related information to complete the analysis.
Consultant will prepare and distribute copies of the Draft IS/MND to the State Clearinghouse if needed. The Consultant will advise City Staff which agencies need a Notice or copy of the IS/MND and Staff will distribute the copies.
Upon receipt of written comments on the Draft IS/MND from the State Clearinghouse and other parties, Consultant will review all comments. Consultant will prepare detailed and comprehensive written responses to comments that raise environmental issues.
City of Loma Linda RFP – Consultant Services
Consultant will prepare the CEQA/Environmental Findings section of the project Staff Report. This section shall include a comprehensive review of the IS/MND with a special focus on traffic mitigations and Measure V compliance.
QUALIFICATION SUBMITTAL REQUIREMENTS
Response to this request might include the following:
1. A statement about the firm that describes its experience, qualifications, as well as its competencies. This statement should describe the firm’s level of expertise in the following areas:
Knowledge of the California Environmental Quality Act (CEQA) and experience with environmental analysis;
Ability to analyze and present information in an organized format; and Familiarity with public input processes and experience in public information for review and comment.
2. Identification of the lead professional responsible for the project and of each professional who will perform various aspects of the day-to-day work including resumes of the principal and all professionals who will be involved in the work. If the proposal involves a joint venture or subcontractors, identify the firm(s) and describe related experience working on a multi-firm team.
3. A list of similar projects completed by the firm.
4. A statement regarding the anticipated approach for this project, and proposed scope of work outlining and describing the main tasks and work products and/or deliverables.
5. Identification of any information, materials and/or work assistance required from the City of Loma Linda and/or involved agencies or proponents to complete the project.
6. A detailed project schedule outlining key milestones and timelines.
7. Provide your anticipated project costs to accomplish the activities outlined in your proposed scope of work, including the hourly rates for each person who will be involved in the work.
8. A statement regarding the firm’s ability to comply with the standard provisions of the Agreement including insurance requirements (Attachment A).
PLEASE SUBMIT YOUR RESPONSE NO LATER THAN 4:00PM ON March 4, 2024.
Submit one electronic copy of the response packet via email to [email protected] or mail a CD or thumb drive to City Hall to the address listed below (hard copies are no longer accepted):
City of Loma Linda - Community Development Dept.
Attn: Nicole Campbell, Associate Planner
25541 Barton Road
Loma Linda, CA 92354
SELECTION PROCESS
The City will evaluate the proposals as they are received and will exercise its discretion in selecting a firm. The City reserves the right to award a contract to the firm that has the qualifications and capabilities considered to best serve the interest of the City. A Consultant will be selected based on the criteria listed in the RFP, as well as the estimated cost of work. If successful, the Consultant will enter into a contract to be awarded by the City of Loma Linda, covering the scope of services, budget and City of Loma Linda RFP – Consultant Services
schedule. City Council will approve the final contract. The start date for the Agreement period will take place immediately after Council approves the contract, tentatively scheduled for March 12, 2024.
CALIFORNIA PUBLIC RECORDS ACT
It is the Consultant’s responsibility to identify information in their proposals and/or responses that they consider confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in strict confidence. All other information will be public.
GENERAL
This request does not commit the City to award a contract or to pay any costs incurred in the preparation of a response to this request. This request is not a contract or commitment of any kind. The proposal submitted will become the property of the City and may be used by the City in any way deemed appropriate. The City reserves the right to accept or to reject, in part or in its entirety, the qualifications submittal if such action is deemed to be in the best interest of the City.
PRIMARY CONTACT INFORMATION FOR CITY PROJECT MANAGER
Nicole Campbell, Associate Planner
25541 Barton Rd, Loma Linda, CA 92354
[email protected] | 909-799-2827
SECONDARY CONTACT INFORMATION
Lorena Matarrita, Community Development Director
25541 Barton Rd, Loma Linda, CA 92354
[email protected] | 909-799-2839
ATTACHMENT
A. Insurance Information
B. Site Plan
City of Loma Linda RFP – Consultant Services
ATTACHMENT A
INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, nonowned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy.
Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed. (b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
City of Loma Linda RFP – Consultant Services
Additional Insured: The City, its elected official, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. (3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Contractor or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
City of Loma Linda RFP – Consultant Services
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.
The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’ policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
City of Loma Linda RFP – Consultant Services
ATTACHMENT B
SITE PLAN
F.E.C. F.E.C.
F.E.C.
F.E.C.
F.E.C.
LAN DCA D 1987 LAN DCA D 1987 LAN DCA D 1987 LAN DCA D 1987 LAN DCA D 1987 LAN DCA D 1987 LAN DCA 1 987 LAN DCA D 1987 1987 AD DC LAN LAN DCA D 1987 110' 33'
30' 33'
DAISY
AVENUE
FERN
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BARTON ROAD
ANDERSON ST.
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24' ACCESS EASEMENT PERINSTRUMENT 92-173233 (TYP.)
CENTERLINE OF POLE LINE EASEMENTPER BOOK 3500, PAGE 482 24'
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I D
LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED LED
PROPERTY LINE
SITE PLAN LEGEND
EASEMENT LINESETBACK LINEACCESSIBLE PATH OF TRAVELPLANTING AREA PER LANDSCAPE DRAWINGSNEW TREES PER LANDSCAPE DRAWINGSCENTERLINE OF STREET 00 PARKING COUNT PER ROW
000 TOTAL PARKING COUNT PER AREA
AREA OF WORKEASEMENT PER CIVIL
"EV"
"EVCS"
EV CAPABLE PARKING STALPARKING STALL EQUIPPED WITH EV CHARGING STATION
EXISTING TREES PER LANDSCAPE DRAWINGS
(E) LOMA LINDA UNIVERSITY
KIDNEY CENTER
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DRIVE AISLE
30' - 0"
DRIVE AISLE
25' - 0"
TYP STALL
18' - 6"
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(E) INLAND EMPIRE
RONALD MCDONALD HOUSE
(E) INLAND EMPIRE
RONALD MCDONALD HOUSE
(E) RESIDENTIAL (E) RESIDENTIAL (E) RESIDENTIAL SETBACK 20' - 0" (E) DRIVEWAY
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NEW FIVE-STORY 105,000 SQFT
MEDICAL OFFICE BUILDING
90.00' TALL
BLDG SETBACK
32' - 0"
SETBACK
25' - 0"
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TYP STALL
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NEW STANDARD STALLSNEW EV CAPABLE STALLS (20% OF STALLS PROVIDED) 1NEW ACCESSIBLE STALLS 2TOTAL NEW STALLS PROVIDED FOR PROPOSED STRUCTUREEXISTING STALLS DESIGNATED FOR PROPOSED STRUCTURETOTAL STALLS DESIGNATED FOR PROPOSED STRUCTUREEXISTING STALLS DESIGNATED FOR RONALD MCDONALD HOUSETOTAL PARKING TO BE PROVIDED ON SITENOTES:1. 25% OF EV CAPABLE STALLS TO BE EQUIPPED WITH ELECTRICALVEHICLE CHARGING STATIONS (EVCS)2. INCLUDES ACCESIBLE EV STALLS PER CBC, CHAPTER 11B, SECTION 11B-228.3) 144
4535
224159383
26 409
PARKING REQUIRED FOR PROPOSED STRUCTUREPER MUNICIPAL CODE 17.24.070(FOR MEDICAL OFFICES AND CLINICS) 350PROPOSED BUILDING AREA 105,000 SF 1 STALL / 300 SF
PARKING PROVIDED
CONTRACTOR TO PROVIDE AREA SEPARATING THE CONSTRUCTION ZONE.SEE CIVIL DRAWINGS FOR ADDITIONAL INFORMATION PERTAINING TO GRADING, DRAINAGE, UTILITIES, AND OTHER SITE IMPROVMENTS.SEE ELECTRICAL DRAWINGS FOR SITE LIGHTING.SEE LANDSCAPE DRAWINGS FOR PLANTING AND IRRIGATION.ALL ELECTRICAL, TELEPHONE, CATV AND SIMILAR SERVICES, WIRES OR CABLES, WHICH PROVIDE DIRECT SERVIES TO THE PROPERTY, BE INSTALLED UNDERGROUND PER LOMA LINDA MUNICIPAL CODE 17.06.060ANY EXISTING ABOVE-GROUND UTILITIES ALONG THE PROPERTY FRONTAGE, INCLUDING ALL DISTRIBUTION AND COMMUNICATION LINES, MUST BE RELOCATED UNDERGROUND TO THE NEAREST POWER POLE OUTSIDE THE PROPERTY
1.2.3.4.5.6.GENERAL NOTES
TITLEPROJECT NO.DRAWN: CHECK:
ISSUE: DATE:
PPD 08.10.2023PPD BACK CHECK #1 11.16.2023
11/20/2023 10:05:33 AM AE-001
LOMA LINDA
UNIVERSITY
CHILDREN'S
HOSPITAL
PEDIATRIC
MEDICAL OFFICE
BUILDING
SITE PLAN
2019017.21
11353 ANDERSON STREET
LOMA LINDA, CA 92354
AIN Checker
REFERENCE: 1 / A-003 SCALE: 1" = 30'-0" 1 SITE PLAN
PARKING CALCULATIONS
KEYNOTES
002 CENTRAL UTILITY PLANT WITH 1-HR RATED 13'H CMU WALL ENCLOSURE.004 EXISTING TO REMAIN PARKING STRIPING, PAVING, LIGHT POLES007 DROPOFF / LOADING008 LOADING STALL009 MONUMENT SIGN010 CMU RETAINING WALL011 SITE WALL012 EXISTING BUS STOP013 (E) FIRE HYDRANT014 SCE PAD MOUNT TRANSFORMER PER ELECTRICAL015 GAS METER PER PLUMBING016 PAD MOUNTED CONDENSING UNIT PER MECHANICAL019 50KW PV SYSTEM CANOPY ABOVE PARKING PER ELECTRICAL020 200KW EMERGENCY GENERATOR PER ELECTRICAL021 BATTERY STORAGE SYSTEM PER ELECTRICAL022 GROUND MOUNTED DIRECTIONAL SIGN023 (E) EMERGENCY PHONE TO REMAIN025 BOLLARD026 LIGHTING BOLLARD PER ELECTRICAL DRAWINGS032 STREET LIGHTING PER ELECTRICAL DRAWINGS036 METAL STANDING SEAM ROOF OVER 2" METAL DECK AT MINIMUM 7'6" ABOVE FF. COLOR TBD
037 8" WALL MOUNTED POST INDICATOR VALVE FIRE DEPT. CONNECTION041 WALL MOUNTED FIRE DEPARTMENT CONNECTION TO BE WITHIN 100'-0" OF
A FIRE HYDRANT
045 FIRE RISER. REFER TO PLUMBING FOR ADDITIONAL INFORMATION046 INTERNALLY ILLUMINATED EXTERIOR BUILDING ADDRESS NUMBERS AT FIFTH FLOOR LEVEL. LETTERS ARE MIN. 12" HEIGHT WITH 1.5" STROKE 047 KNOX BOX FOR IMMEDIATE ACCESS LOCATED ADJACENT TO SERVING DOOR, VISIBLE AND 5 FEET MAX. ABOVE GRADE
207 (E) FIRE RISER208 (E) FDC FOR RONALD MCDONALD HOUSE RPG romo planning group, inc.
PROPOSAL to the CITY OF LOMA LINDA
For CEQA Initial Study/Mitigated Negative Declaration
Project: Medical Office Building
Location: 11353 Anderson Street, Loma Linda, CA.
March 4, 2024
(Revised 5-24-24)
9431 Haven Avenue, Suite 232, Rancho Cucamonga, Califomia 91730 Office 888.RPG.2468 www.rornoplanninggroup.com
Exhibit B
City of Loma Linda
Regular City Council Staff Report
Approve Agreement with Synoptek to Provide Managed Services [Information Systems] Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3K
From
Kyle MacGavin, Information Systems Manager
RECOMMENDATION:
It is recommended that the City Council awards the contract for managed Information System services to Synoptek for the amount of $97,126.68.
BACKGROUND:
Cyber security is one of the largest concerns for every organization in our day and age. The city’s servers, network devices, and workstations require constant monitoring, updates, and remediation to keep functional and compliant.
Without proper upkeep of these devices, the city’s technological infrastructure is subject to failure, data loss, and/or security breaches. It is impossible for organizations with small Information Systems departments to stay on the edge of cyber security without third party support. The city has been utilizing Synoptek for cyber-security operations center services for the last year, and utilizing a separate vendor for managed Information Systems services. This agreement will unify these support services under the vendor Synoptek to streamline the Information Systems department's processes.
ANALYSIS:
Synoptek has been providing cyber security support and monitoring to the city since the start of the 2023-2024 fiscal year. After a successful year of services, staff contacted them for a proposal for twenty-four hour monitoring, patching, updates, and providing incident remediation for the city’s servers, networking devices, and workstations. Synoptek provided a quote using PRISM-RISK contract pricing and a standard pricing quote which came in lower than the PRISM-RISK option.
These services fall under the master services agreement that was reviewed by the city attorney and approved by city council during the July 11, 2023 city council meeting.
FINANCIAL IMPACT:
Funds have been budgeted for the 2024-2025 fiscal year, and are allocated to the 51830 (Contractual Agreements) citywide accounts.
Attachments
SynoptekITaaS_v1.2.pdf
Service Order for
ITaaS Technology
Services
May 30, 2024
January 13, 2020
Synoptek, LLC.
19520 Jamboree Road, Suite 110
Irvine, CA 92612
888-796-6783
www.synoptek.com
25541 Barton Road
Loma Linda, CA 92354
Tel: 909-799-2800
W: lomalinda-ca.gov
2 Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability.
Table of Contents
Cover Letter ....................................................................................................................................................... 3 Executive Summary........................................................................................................................................... 5 I. Organizational Objectives:.........................................................................................................................................................5 II. Synoptek Solution:......................................................................................................................................................................5 III. Transition Plan and Scheduling: ................................................................................................................................................5 IV. Pricing Structure: ........................................................................................................................................................................6 V. Unique Qualifications: ................................................................................................................................................................6 Synoptek Profile and History ............................................................................................................................ 7 Synoptek Solution and Approach.................................................................................................................... 12 I. Organization Assessment, Onboarding, & Transformation....................................................................................................12 II. 24x7x365 End-User Support.....................................................................................................................................................12 III. Applications Support & Vendor Management ........................................................................................................................13 IV. Third-Party Systems and Services (Vendor Management):.....................................................................................................13 V. 24x7x365 Core Infrastructure Management............................................................................................................................13 VI. Methodology & Approach........................................................................................................................................................14 VII. Transformation & Schedule .....................................................................................................................................................15 Synoptek’s Solution ......................................................................................................................................... 19 Assumptions and Terms & Conditions............................................................................................................ 21 Approval .......................................................................................................................................................... 24
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 3 COVER LETTER
Kyle MacGavin, Information Systems Manager
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
Dear Kyle,
Synoptek is pleased to present this proposal as a response to your interest in technology managed services for City of Loma Linda (the City). Synoptek represents its capabilities and strengths with the best interest of our clients. We recognize organizations like the City face a variety of obstacles ranging from budget challenges, scaling for growth, transforming to leverage Software as a Service, deploying cloud solutions, thwarting cybersecurity threats, or, generally, running technology operations on a broader scale, and our goal is to help your organization execute at an enterprise caliber level. We believe that organizations must transform and change the way they operate by leveraging technology and our mission is to help our customers do just that. We have built a global consulting and technology managed services business which helps our customers envision, transform, and evolve their organization.
After discussing your specific needs, we believe Synoptek is an ideal technology partner for the City. Our focus as a managed services provider starts with investing the time and energy necessary to understand your business and the results your business plans to achieve. Through our experience, we have learned it is critical to have clarity on your business objectives to ensure our technology program aligns with those objectives as they will only be achieved through successful project execution supported by world-class technology operations.
Synoptek is proposing a tailored solution that addresses the unique elements of your business while leveraging our global professional services for initiatives such as implementing a new business system or developing integrations across applications for better visibility into business results while implementing Synoptek’s operational delivery platform to accelerate the maturity of your technology operational capabilities.
We will partner with your leadership to drive towards the business results you seek by incorporating several of our key services described in this proposal.
We believe Synoptek will be the last technology consulting and management partner that the City will ever need. We are 100% focused on your business results and have the depth and breadth of capabilities necessary to scale and accelerate your technology services capabilities and maturity. By leveraging the Synoptek Platform developed over the past 15 years, the City will be positioned for continued growth and success.
Additionally, the Synoptek Platform includes multiple software tools for monitoring, managing, and protecting Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 4 your organization which will realize cost savings through discontinuation of redundant applications or taking advantage of Synoptek’s operational scale.
We recognize this is a critical engagement for your business and we are committed to your success should we be selected as your technology partner. We look forward to the opportunity to discuss our overall solution with you in person and explore how we might further shape our approach and plan to meet your needs.
Sincerely,
David Ditsworth
David Ditsworth
Senior Business Development Manager
Synoptek, LLC
[email protected]
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 5 EXECUTIVE SUMMARY
Synoptek will provide a turnkey technology transformation and management solution that we have adapted to meet the City’s specific business needs. The combination of SynoptekMANAGE and the Synoptek Platform will provide the City with a world-class Information Technology as a Service (ITaaS) solution inclusive of the powerful tools, processes, and services necessary for a complete solution to meet your needs, reduce risk, optimize outcomes, and manage cost. Rather than maintaining a dedicated Information Technology Department to support typical technology operations and functionality, the City will leverage Synoptek to meet all its needs. Through the use of Synoptek’s advisory, consulting, and implementation services, the City will be well positioned to meet the evolving and growing needs of your customers, employees, and business while achieving your organization’s strategic business objectives.
I. ORGANIZATIONAL OBJECTIVES:
As a local city government, the City of Loma Linda requires a competent and experienced Technology Provider to provide a plan and execute a technology program designed to enable the City’s objectives as outlined below:
• Streamline and improve technology operations
• Improve efficiency and increase productivity
• Set your business on a path towards growth
• Reduce security and compliance risk
II. SYNOPTEK SOLUTION:
The key to managing your information technology environment is not about the technology that powers the solution, but rather about the people and processes that are successfully fulfilling it daily. Courteous and consistent execution translates into the confidence, up time, and the stability you require to manage your technology systems. Our SynoptekMANAGE technology program contains six main components:
• Organization Assessment, Onboarding, and Transformation • IT Advisory, Management, and Leadership
• 24x7x365 End-User Support
• 24x7x365 Core Infrastructure Management
• Security Leadership and Managed Security Operations
• Application Support and Vendor Management
III. TRANSITION PLAN AND SCHEDULING:
Synoptek has built a transition plan specific to the City’s request and operational objectives which has been provided as an integral part of our approach. This is a critical piece to our engagement as our efforts include more than simply onboarding, but rather, they are the beginning foundation for enabling the process of transformation through the introduction of our tools and systems as they are deployed across your infrastructure and, ultimately, to your end users. Once our tools are deployed, there is a period of Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 6 configuration of all necessary monitoring thresholds for managing your technology infrastructure to documented service level objectives and guarantees. Assuming Synoptek is selected by June 24th and all agreements executed by June 30th, Synoptek will begin planning and team assembly by July 15th and expects to have your organization onboarded and in transitional support by August 31th and full production-level support by September 30th. If this timeline is not aggressive enough, Synoptek is ready to discuss a condensed approach, which requires agreement on risk mitigation strategy and clear communication of any potential pitfalls.
IV. PRICING STRUCTURE:
Based on our review of the information provided, our recommendation offers pricing based on the support of infrastructure and business systems consisting of approximately one hundred (100) employees, twentytwo (22) servers, and three (3) network locations. We are pleased to offer the City a price of $7,126.84 per month. When combined with a separate decommission service order for redundant Minerva services, the effective increase in your monthly support will be $6,951.84 per month. These services will allow for effective use of remote resources providing for full 24x7x365 support of your technology infrastructure with consistent leadership, management, and monitoring. This is inclusive of the initial assessment, transition, and transformation fees and is based on a twelve (12) month term plus four (4) consecutive renewal opportunities for an effective term of 60 months necessary to achieve this value-based solution.
V. UNIQUE QUALIFICATIONS:
To provide the City with a uniquely qualified solution that meets the specific organizational objectives, Synoptek has provided the solutions within this proposal to specifically address the objectives outlined above.
• Synoptek has focused on providing an end-to-end ITaaS management solution that will drive both accountability, flexibility, and security so the City can focus on supporting their business. • This solution has been customized to meet the needs of the organization with a specific focus on maturing technology operations and the supporting infrastructure while maintaining an efficient level of designated resources to support a value-driven service model. • Our background and experience working with and supporting organizations of all types provides Synoptek with an understanding of the business dynamics, operational environments, and expectations required by organizations such as the City.
• Our transition and transformation efforts will take a flexible approach to truly assess & understand the needs of the City as we continue to tailor our services to meet the evolving demands of the organization.
• While our outlined services will certainly meet the needs of the City today, our breadth and depth will provide a future proof partnership that will enable leadership to envision endless possibilities.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 7 SYNOPTEK PROFILE AND HISTORY
Synoptek is a Global Systems Integrator (GSI) and Managed IT Services Provider (MSP) offering Comprehensive Technology Management and Consultancy Services to organizations worldwide. Founded in 2001, and headquartered in Irvine, CA, with offices and resources across North America and South Asia.
We are a leading full-service technology partner offering strategy and advisory services. Through our comprehensive portfolio, we help organizations envision – and see the bigger picture; transform – by aligning their strategic goals with our technical skillsets; and evolve – by leveraging daily operations feedback.
When we say full service, we really mean full service. We developed these capabilities through a combination of organic and acquisitive growth to build a business capable of delivering enterprise technology capabilities to medium and enterprise-sized organizations. We have invested in the people, tools, and training to provide a level of service unrivaled in the industry.
Our services include operating multiple data center facilities with public and private cloud service offerings, strategic technology leadership to assist you with making informed decisions in an ever-evolving technology landscape, full technology management and monitoring including multiple network operations centers and Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 8 service desk capabilities, professional services for driving consultative change in your organization, application development for defining new business systems or creating new integrations between previously disparate systems, and implementing critical business analytics for a deep understanding of how your business is operating coupled with a project management office to effectively manage the ongoing projects in your organization.
Synoptek’s growth and experience has allowed us the opportunity to mature our depth of services globally while developing a model that thinks and acts regionally. This is a critical feature and differentiator that allows our regional teams to customize our services to meet the needs of the local customer; balancing a more intimate and customer service-oriented delivery model with the strength of a global team of expertise to draw from.
Synoptek delivers accelerated business results through advisory-led transformative systems integration and managed services. We partner with organizations worldwide to help them navigate the ever-changing business and technology landscape, build solid foundations for their business, and achieve their business goals.
Qualifications
Leadership of Technology Management
Our experienced team of executive leaders will integrate with your leadership team to ensure your long-term strategy for technology is matched with your organizational goals. We engage a Client Technology Officer from the beginning of our relationship to review your whole environment and requirements, assist with the design of the solution and maintain oversight for all deliverables during our partnership.
Technology Managed Services
Synoptek has been a full-service technology management organization for nearly two decades and has been focused on establishing itself as the premier technology management partner with a 1,000+ employee strong business and a predominantly technology-focused staff from a variety of professional backgrounds to give us a unique perspective. By seeking individuals from numerous industries relying on technology, we position Synoptek to offer creativity and thoughtfulness to our customers. We embrace the diversity of our employees to foster an environment where we bring the best ideas from various industries to help improve our clients’ technology operations.
Breadth and Depth of Skills
Further, Synoptek employs a team of full-time employees with over 5,000 certifications across systems management, applications, end-user support, and risk management.
Additionally, we have public cloud engineers skilled in cloud readiness, compliance, architecture/design, incident management, change management, and cost management.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 9 Operational Excellence
Synoptek adheres to ITIL standards and monitors compliance with the top leading governance requirements including SAE16, SOC2, PCI, HIPAA, and many more which should speak specifically to any the City compliance requirements. Additionally, these governance requirements provide additional insights into our ability to maintain and operate technology systems with robust and repeatable processes that a partner serving you with managed services needs to have to drive operational excellence.
Results Oriented Partnership
Synoptek believes that our success is in enabling you to achieve and exceed your planned organizational outcomes and technology plays a significant role. Our approach is to apply people, process, and technology to drive labor out of the equation and reduce capital investments while also achieving stated goals. We are unique in our approach to partnerships and how seriously we take the City’s success. One of our long-term goals is centered, not around our financials, but on our customer’s value and success. Our team is tasked with measuring the impact we have on your success, growth, and attainment of goals.
Cultural Alignment
Synoptek has a strong focus on supporting our customers and we believe that we take part in every one of our customers' missions by supporting them through their challenges and enabling them to do more through our involvement. Synoptek’s culture, the Synoptek DNA, starts with “We succeed when you do” meaning we look to help our customers succeed in their business by doing what is right, having extreme ownership, and looking for long term results before quick fixes.
Our Promise
We believe this is what makes us different in the marketplace. These are the tenants of the organization which we incorporate into our organizational structure, our training programs, our customer satisfaction tracking, and our employee evaluation. The Synoptek DNA is made up of five core values that are at the heart of everything we do: Clarity, Growth, Own IT, Team, and Results. These core values are described in detail in the graphic below. We build a Culture around technology services leadership owning your technology problems and helping you achieve your goals to help us grow our business - creating opportunities for our combined teams.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 10 Business Model
Synoptek designed its business and capabilities to enable it to be the single trusted technology partner for mid-enterprise customers. Our goal is to help our customers envision new technology-enabled ways of doing business, implement those technologies, then provide on-going application and infrastructure support for those customers helping them get more out of their investment.
One of the key areas that drives Synoptek’s performance and success is our business-first approach. We focus on four drivers that accelerate your performance:
• Your business model: Synoptek can effectively assess how information technology currently supports the business and identify any issues with the current environment. • Your operating and business environment: We examine your competitive marketplace and the factors that both drive and constrain your business, Synoptek can effectively evaluate the organization’s capabilities and identify performance against key benchmarks and best practices. • Your strategic drivers: Synoptek can effectively align technology solutions and recommendations with the business drivers and future of the organization.
• Your user community: By understanding the internal and external consumers of your business and technology services, Synoptek can effectively gain additional perspective into the overall performance of the organization.
Synoptek provides vision, leadership, expertise, and passion in helping organizations define and implement their strategies. We leverage our strengths and commitment to excellence to deliver value-added business capabilities which ensure our client’s success and achieve extraordinary results.
Ultimately, by leveraging our project delivery and managed services teams, Synoptek customers can accelerate their business with enabling technology. Our global organization provides an extended organization for our customers to leverage to move forward faster with programs and for simply evolving and supporting their systems with continuous improvement.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 11 Relevant Experience
We have worked hard to learn new industries and hire the right individuals to serve those industries. Unlike other managed services providers, Synoptek is interested in serving multiple industries and we organize our support teams to drive a specialty focus while adhering to a common technology support framework that drives quick response and resolution of technology issues and problems.
Synoptek is trusted by established enterprises across industries for creating impactful strategic engagement and leveraging service platform capabilities to accelerate business results.
Through the application of our experience, processes, training, and tools, Synoptek clients have reported many benefits to working with us in supporting their business technology. Some of these benefits include:
• Remain focused on core business
• Reduction of risk
• Scale for growth
• Subject matter experts
• Increased operational efficiency
• Faster implementation of new technology
• Improve service delivery
• Compliance and technology security
• Predictable technology costs
• Reduce labor costs
• Single vendor interface
• Peace of mind
Receiving this type of feedback from our clients provides Synoptek with the knowledge we are making an impact and establishing a real partnership with our clients. We shared a common mission to drive their technology infrastructure towards greater functionality, improved manageability, and higher productivity. This common goal is defined by the Operational Maturity Model which we measure as part of our client relationship.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 12 SYNOPTEK SOLUTION AND APPROACH
Synoptek blends speed, agility, and simplicity to minimize organizational challenges in scaling and managing information technology infrastructure, while effectively reducing costs. Our approach to delivering on the City’s organizational objectives will combine a set of services described in detail below.
Synoptek’s Managed Services provides comprehensive Technology Support, Technology Governance, and Advisory services for a fixed monthly fee. Synoptek’s managed services model optimizes technology system performance and reliability while creating a predictable and sustainable technology environment that proves cost effective for our clients. With access to best-in-class technology experts, processes, tool sets, hardware, and software, Synoptek guides organizations with a total Information Technology management solution that provides a fiscal plan and roadmap for future professional services projects and the evolution of the organization. Synoptek’s ultimate charter is to serve as a trusted advisor to its clients, offering value, innovation, assurance, and integrity in every client interaction.
Additionally, our Professional Services capabilities allow for the right resources to be applied to the roadmap to execute on projects only when they are needed and prioritize to meet the organizational objectives, allowing for a well-managed and fiscally responsible budget.
I. ORGANIZATION ASSESSMENT, ONBOARDING, & TRANSFORMATION Synoptek understands the importance of successfully transitioning to a technology support model in the timeframe required by the City. To accomplish this, Synoptek expects to take swift action to engage a team of operational and professional engineering services to ensure all risks are mitigated and a proper transition occurs. Once selected, Synoptek expects a series of steps to occur that will allow Synoptek to gain an in-depth understanding of the culture, systems, and processes of the customer. This validation of assumptions is critical for the success and deployment of the managed services and will minimize any disruption to the end-users as they are onboarded.
II. 24X7X365 END-USER SUPPORT
In order to deliver quality service & support to the City, Synoptek is including our ITaaS User service which will help support the users with a fully functioning support desk with the knowledge and skill set to support end users in a timely fashion. The following services are included in this capability:
• 24x7x365 remote support help desk
• Desktop & laptop support with full support for Microsoft applications & operating systems • Basic Support for non-Microsoft application & operating systems • Application & Vendor escalation management when necessary Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 13 • Secure remote access support
The addition of scheduled proactive resources can dramatically improve not only the short-term customer service aspect of technology but can reduce the likelihood that services will fall into disarray over time.
Though not part of the currently recommended scope of services, Synoptek is providing the following detail of the optional role below:
III. APPLICATIONS SUPPORT & VENDOR MANAGEMENT
While it is important to recognize that not all companies are the same in how they run their business, it is equally important to recognize that the software needed for them to be effective is equally different.
Synoptek recognizes that the software and services required to support a business are different and to this end provides a best effort basis to support all applications and end user requests. However, in some cases, vendor escalation is required to address certain issues that may be beyond the skill set or scope of a level 1 or 2 service engineer. To meet this demand, Synoptek has provided a list of services and support capabilities to clarify and deliver on the City’s requirements, while providing vendor escalation and management where needed. This information is outlined below for further clarity. • First, second, and third level support for Windows, Azure, Microsoft Office 365, Exchange, Active Directory, Internet browsers, Backup, Replication, & Network infrastructure • First level support for applications such as enterprise resourcing planning, customer relationship management, or human resource management systems, then escalating to the appropriate vendor for additional support.
• Best effort support for end-of-life business systems using publicly available troubleshooting resources.
• Synoptek will also provide support for routine small service requests and configuration changes such as new account setup, moves, adds, changes, and decommissions for applications & vendors in use by the organization.
IV. THIRD-PARTY SYSTEMS AND SERVICES (VENDOR MANAGEMENT):
Certain hardware, software or other services may be provided by third parties. Synoptek will provide a single contact for all technology-related issues. However, certain issues require the support of third-party providers. Synoptek will provide overall vendor escalation services and leverage its technical expertise to work with the vendors to resolve issues. This will require that third-party support and maintenance agreements for such critical applications are maintained by the City. The specifications of these explicit partners will be detailed through transition of managed services from existing providers to Synoptek.
V. 24X7X365 CORE INFRASTRUCTURE MANAGEMENT
In addition to monitoring and managing the local infrastructure, servers, and network services connecting each of the the City locations, it is just as critical to maintain performance and availability and backups.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 14 Therefore, Synoptek has included services to manage, monitor, and support all in-scope locations with the following network and server management:
• 24x7 infrastructure management, monitoring & support for network devices, servers, and circuits • Server backup management and support of existing backup solutions, after on-boarding Synoptek may recommend our available backup services for more robust capabilities and manageability • Third-party vendor management & escalation
Should additional services be required which are not included in the scope of this proposal, a listing of our multiple practices area and service offerings can be found on our website at synoptek.com plus detailed service definitions located at synoptek.com/synoptek-service-definitions. We have attempted to recommend a service model with the best value and impact to provide a consistent technology management experience for the City’s business needs, but if we have missed anything in our proposal, we would be excited to discuss your thoughts for an improved service model.
VI. METHODOLOGY & APPROACH
Synoptek leverages a structured transition methodology to transition from your current state of technology operations to the Synoptek services, processes, systems, tools, and organization. This requires the implementation of multiple new tools, new processes, user education and communications. We begin by starting where you are and taking over your current technology operations. The graphic below depicts this at a high level and follows a multi-phase process that enables us to mature your technology operations in a structured and methodical way.
This service order would be classified as a Stage 0 activity where our organizations are aligning on the service model best suited to support the City in its mission to deliver a high-quality product and service to your customers. Stages 1-5 would occur if Synoptek is selected as your technology partner as an outcome of your Request for Proposal initiative. These stages follow a methodical approach developed and refined over the past 20 years as Synoptek strives to make this experience unique and impactful to your business.
A successful transition will clearly identify the current state of your infrastructure and technology capability while deploying the tools and processes employed by Synoptek to drive a new technology program focused on the strategic business objectives of the City. [remainder of this page is intentionally left blank, continues next page] Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 15 VII. TRANSFORMATION & SCHEDULE
As the example project plan describes below, once all assumptions have been validated during Stage 1, the professional services efforts, assessments, and knowledge transfer will begin, allowing Synoptek approximately four months to assess, document, deploy and onboard services, and begin the transformation of your technology services.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 16 We leverage these processes and services which are critical components of Synoptek’s Methodology and Customer Success Program to ensure Synoptek and the City are aligned from the beginning of our engagement and throughout the lifespan of the relationship. To deliver on the timeline and schedule provided by the City, Synoptek will provide a fully detailed project plan upon selection as your Technology Partner with Stage Gates and Exit Criteria for each milestone. Over time, and as change occurs, continuity and maintaining infrastructure stability will be a primary focus. Once Onboarding is complete, Synoptek’s service level agreements (SLA’s) and service level objectives (SLO’s), as documented in the Master Services Agreement (MSA) to be executed by both organizations, will become in effect and enforceable. The transition and quality assurance review to close out the transition project will allow for continued operations moving forward with the complete transition of technology services to Synoptek.
Synoptek understands the importance of successfully transitioning to a technology support model that provides continued services while also growing the technology capability maturity of the organization and evolving services to foster growth and drive innovation. The expectations below follow our standard process and drive the development of a strong partnership between our two organizations which, ultimately, enables us to mature your technology operations in a structured and methodical way:
Stage 0 - Alignment: Align business objectives, needs, risks, and assumptions leading to the preparation of this Service Order. This ensures that we agree on the overall business objectives, scope of services, methodology, transition plan, pricing, and assumptions. • Synoptek Exit Criteria: Fully Executed MSA (Master Services Agreement) and Service Order • City of Loma Linda’s Exit Criteria: Fully Executed MSA and Service Order* *For any dates listed below to be accomplished, the City and Synoptek will need to fully execute all agreements by June 30, 2024.
Stage 1 - Mobilization: Mobilize resources and develop a detailed Transition Plan custom designed to meet your organization's needs. This plan is jointly developed and the assigned responsibilities of the City, Synoptek, and any third parties will be reviewed. • Synoptek Exit Criteria: Project Kick-off Meeting and initial joint transition plan review (expected by July 31st)
• City of Loma Linda’s Exit Criteria: Identify resource(s)/partner for the transition project, Full participation in the kickoff meeting, & Joint transition plan review Stage 2 - Baseline: This phase includes an assessment of the Network Architecture & Business Application requirements to ensure accessibility, stability, and security best practices will be in place at the time of go live. These recommendations enable us to further refine the Transition Plan, fully document all key Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 17 technology processes and systems, and identify any risks or issues that need to be managed during the transition. We also put in place key processes, systems and sixteen (16) Customer Maturity Model (CMM) metrics to manage your technology operations. These measures enable us to begin to develop and prioritize the Digital Transformation Roadmap.
• Synoptek Exit Criteria: Finalized transition plan, reviewed assessment, risk mitigation plan sign-off, & key process sign-off (expected by August 15th)
• City of Loma Linda’s Exit Criteria: Approval for the finalized transition plan, joint assessment review, risk mitigation plan sign off, & provide Synoptek with an approved business application list.
Stage 3 - Transform: Synoptek’s Service Deployment team begins the process of deploying tool sets and processes to monitor and manage the the City’s infrastructure. This stage will overlap Stage 2 and should begin by July 22nd to allow Synoptek to provide infrastructure and desktop support at the time of Transitional support on August 31st. Throughout this stage, Synoptek’s Run organization can provide increasingly more comprehensive support for the City’s environment. At the end of this stage, Synoptek will initiate tracking performance against the sixteen (16) Customer Maturity Model (CMM) metrics established to monitor, measure, and report on our operational, technology management and leadership, and customer satisfaction execution.
• Synoptek Exit Criteria: Completion of Service Deployment & Completion of any critical assessment recommendations (expected by August 15th)
• City of Loma Linda’s Exit Criteria: Make all supported users available for any tool set deployment, and provide approval to Synoptek for the: Change management process, Incident management process, New User on-boarding process, and Employee termination process Stage 4 - Stabilize: During this “burn in” stage, we will stabilize the technology systems while measuring and reporting against the 16 CMM metrics to ensure we are jointly achieving the objectives we established during the Alignment and Baseline stages. We will continue to address critical risks or issues. We will also begin knowledge transfer and transitioning key technology processes to Synoptek’s standard processes and systems. This will enable us to improve service levels, reduce risks and ultimately enhance your technology systems. During this period, Synoptek will validate standard reporting cadence including IT Governance meetings, technology operations meetings and technology execution. • Synoptek Exit Criteria: Validation of Sustained Operations and Reporting & Service Level Satisfaction such as Customer Satisfaction (CSAT)/Net Promoter Score (NPS) review • City of Loma Linda’s Exit Criteria: Approval to Synoptek that all SLA's are being met with a spirit of partnership (expected by September 30th)
Stage 5 - Evolve: Ultimately, the transition will be completed, improved service levels will be achieved, and your technology systems will operate more effectively and efficiently for the City. At this stage, we will begin ongoing reporting, Technology Business Reviews and Digital Transformation Roadmap planning.
This will result in the ongoing evolution of your technology systems through our sustained operations and ongoing technology management and leadership.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 18 • Synoptek Exit Criteria: On-going with Quarterly & Annual Technology Business Reviews • City of Loma Linda’s Exit Criteria: Commitment to partnering with Synoptek to create and update a dynamic roadmap for IT maturity (expected by October 31st) [remainder of this page is intentionally left blank, continues next page] Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 19 SYNOPTEK’S SOLUTION
While the pricing detailed below includes all the assumptions and information Synoptek has collected as part of the proposal process, we look forward to engaging further to refine assumptions and provide further clarity and or adjustments to our final proposal pricing for the City. One of the key challenges is the increasingly high cost of local talent in the market served by the City, which is mitigated through the use of Synoptek’s shared resource model and remote delivery capabilities.
Our intention of the pricing below is that each of these services are recommended and have been priced as allinclusive solution, however, we have amount of flexibility in our final pricing as we partner to drive the most effective service model and cost-conscious solution for the City. The proposed pricing is below standard PRISM Risk pricing offered by Synoptek.
Managed Services
SKU Service Description Quantity PRISM Risk
Unit Price
Loma Linda
Unit Price
Total
Amount
Infrastructure Performance
IFS-SVRMGT-ITaaS Server -
STANDARD
Management of a physical or virtual server. Includes
monitoring, anti-virus, patch management, management
of existing backup solutions, and OS troubleshooting.
Hardware, alternative or additional backup solution,
internet bandwidth, licensing, and application
management not included.
22 77.00 45.07 991.54
IFS-SNTMGT-ITaaS Site Monitoring, remediation and reporting for up to 5 network devices (router, switch, firewall, WAP, circuit) located in a single client site. Include Synoptek Edge
appliance. Additional devices may increase pricing
1 329.00 219.85 219.85
IFS-SNTMGT-ITaaS Site Add-On -
Additional Device
Monitoring, management, and remediation services for
additional network devices and circuits beyond what's
included with ITaaS - Site.
20 60.00 31.30 626.00
Workforce Productivity
BUNDLE-ITaaS User - MAX Monitoring, management, securing and patching (critical OS only) of laptop/mobile devices. 24x7 Help
Desk support per user. - MAX
100 95.00 48.10 4,810.00
Business Applications
WFP-AD-Active Directory
Management
Active Directory & Group Management 1 105.00 99.00 99.00 Monthly Recurring Cost (MRC) $6,746.39
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 20 Onboarding and Deployment Services
SKU Service Description Quantity PRISM Risk
Unit Price
Loma Linda
Unit Price
Total
Amount
Strategic Assessment Assessment of business systems, integration, and processes to strategic business objectives. Includes multiyear strategic project road map for technology environment
10 225.00 150.00 1,500.00
Infrastructure Assessment Assessment of the current state of the infrastructure systems
30 200.00 175.00 5,250.00
Project Management Project management effort to deliver assessment, transition of services, and deployment projects
30 150.00 125.00 3,750.00
Deployment Deployment of tools, deployment of monitoring sets, and documentation of infrastructure for operational
support
63 125.00 75.00 4,725.00
Total Non-Recurring Cost (NRC) $15,225.00
BUILD-Deployment & Onboarding - Monthly $253.75
60 Total Monthly Recurring Cost (MRC) $7,000.14
SKU Service Description Quantity PRISM Risk
Unit Price
Loma Linda
Unit Price
Total
Amount
Cybersecurity
SEC-ENDPROT-Anti-Evasion
(Minerva)
Apply pre-emptive threat prevention to endpoints with
anti-evasion capabilities. Anti evasion uses deterrence based deception, and camouflage techniques to
automatically block attacks before infection.
* This reduction in cost will be governed by a separate service order to decommission this SKU, which will
redundant to tools provided by ITaaS Server and ITaaS
User
-100 2.50 1.75 (175.00)
Increased MRC after Decommission $6,825.14
Option to amortize non-recurring costs associated
with deployment of managed services (monthly cost)
Assumed Contract Term
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 21 ASSUMPTIONS AND TERMS & CONDITIONS
The Term of this Service Order shall be twelve (12) months plus four (4) consecutive options to renew for one additional year for Synoptek to achieve the most cost-effective service model over a sixty (60) month period. If a shorter term is required, the unit prices for many services will increase to accommodate the shorter duration of the service order. The Term shall automatically renew in accordance with the terms set forth in the Master Services Agreement between the Parties.
Assumptions
Synoptek’s estimated fees and service level commitments are fundamentally tied to certain estimating assumptions that can be made and the establishment and management of standard processes and procedures for managing technology operations. Extraordinary situations or changes in conditions that may require higher support levels to achieve service levels will be identified and documented. Synoptek assumed the following when drafting this service order and developing the service model pricing:
• This proposal is based on the discovery conversations and information shared between parties to date, additional information or needs may require changes to this service order. • The transition plan is based on limited knowledge of the existing technology environment, processes, and organization. This plan will need to be validated during the assessment including the assumption that an Active Directory Domain is present which significantly reduces the effort of tool and service deployment.
• Synoptek assumes the City (Customer) has an industry average ticket volume as no information to the contrary has been provided. Average ticket volume is a key component to calculating the required labor to support an environment. If a significant change in volume is realized, the customer and Synoptek leadership teams will agree on a course of mutually corrective action(s). This proposal assumes no more than two (2) end-user generated tickets per user per month calculated quarterly.
Synoptek expects to review the ticket volume with the customer monthly. Material changes in this volume will result in a joint review of the capacity plan. • Software licensing, circuit and telco costs, hardware/software support and other third-party costs not explicitly included in the proposed pricing (except for, antivirus, URL filtering, anti-evasion, and antimalware software, which will be included if Synoptek’s recommended vendor solutions are implemented) are excluded.
• Synoptek assumes that Customer has the necessary third-party support contracts in place for all critical hardware, software, and services. Customer will maintain all current third-party support contracts for hardware, software, and services support unless mutually agreed upon to cancel. During the Technology Assessment, Synoptek will review and inventory third-party support contracts and provide guidance, as needed.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 22 Terms & Conditions
• Monthly Recurring Charges (MRC) will be invoiced based on the table above unless altered through subsequent change order(s) as approved by both parties. • In no event will the then-current Monthly Recurring Charges (MRC) be reduced by more than twenty percent (20%) during the Term of this Service Order as result of any reduction in scope of Services. • Synoptek will require administrative access permissions on all supported equipment. • Synoptek will maintain its knowledge base and leverage its ticketing system for technology operations delivered as part of this managed services order.
• Each user support cost includes licensing of security testing and training, antivirus, anti-malware, antievasion, email encryption, remote monitoring, and management tools to deliver the cohesive service. • Synoptek’s managed security services do not include audit or control attestation, Customer owns accountability of their compliance with the guidance and benefit of Synoptek Security Services and 3rd parties.
• From time to time, Synoptek may identify what it believes to be a critical risk or issue regarding Customer’s technology systems. In such cases, Synoptek may make recommendations to resolve an issue or mitigate a risk. In the event the Customer does not accept or acknowledge the recommendation, Synoptek may issue a Critical Risk Acceptance Change Order (CRACO) to document the risk or issue and amend the service scope to limit its potential risk. As such, a CRACO does not change the price without mutual agreement, but it may limit Synoptek’s obligations if the risk(s) were to materialize and cause impact.
• Synoptek will submit a true-up Change Order to Customer if material changes to the defined scope are identified during the transition project to services provided by Synoptek. After the completion of the Discovery phase, Synoptek will provide an update on the project due date, then align & document (or True-Up) the reason(s) for any deviation from the anticipated due date, timelines, services, or pricing. • Professional services and procurement will be required as part of the evolution of any organization, however, to drive towards a manageable budget and fixed monthly service fee, Synoptek excludes professional service projects and procurement as part of the initial scope as they are neither known, nor prioritized, until after a roadmap and plan has been completed as part of the initial assessment and onboarding efforts. Synoptek may propose, separately, billable projects as identified and prioritized on the strategic technology roadmap. Projects may require a higher level of effort, or specific skill, to complete and will need to be scoped and priced separately. Synoptek excludes these efforts from the initial scope as variable efforts that can be approved and managed separately. Synoptek has a largescale professional services team that includes the subject matter experts necessary to complete projects as they arise. Examples of projects that fall into this category include, but are not limited to; infrastructure system replacements, migrations, and or upgrades, large scale enterprise system development and complex systems integration, or complete re-write/re-architecture of existing business systems or applications. An infrastructure system would include servers (physical or virtual), storage solutions (physical or virtual), network devices including firewall appliances, router, switches, etc., and personal computers such workstation or laptops. Changes requiring more than two (2) hours of labor may be considered a project per the terms of the Master Services Agreement.
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 23 • Non-recurring deployment and on-boarding fees of $15,225 will be amortized over sixty (60) months at a rate of $253.75 per month. Should the service order agreement be canceled for any reason per the terms of the master services agreement, the remaining balance of these amortized fees will become due immediately. In addition, any remaining, unpaid service fees will be governed according to the cancellation terms defined within the master services agreement. [remainder of this page is intentionally left blank, continues next page] Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 24 APPROVAL
We look forward to your approval of this service order, allowing the City and Synoptek to become an integrated team working towards common goals. This service order is governed by the terms of the Mater Services Agreement (MSA) executed between City of Loma Linda and Synoptek, LLC. The pricing shared within this service order is valid for thirty (30) days from the date documented on the title page of this service order.
If these services are subject to taxation, the Client agrees that it will pay any such taxes invoiced by Synoptek.
Both parties represent and warrant that they have full corporate power and authority to execute and deliver this Service Order and to perform their obligation hereunder, and that the person whose signature appears below is duly authorized to enter into this Service Order on behalf of the party and subject to all terms and conditions stated herein.
IN WITNESS WHEREOF, the parties have agreed to the terms and conditions of this Service Order as of the date of the last signature.
Approved By: City of Loma Linda
Signature:
Accepted for: Synoptek, LLC
Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Legal Notice: The information transmitted in this document is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of, or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. 25 Synoptek @Synoptek @synoptekservice
Synoptek, LLC.
19520 Jamboree Rd, Suite 110
Irvine, CA 92612, United States
888-796-6783
www.synoptek.com
City of Loma Linda
Regular City Council Staff Report
Develop a Revenue Generating Committee [Councilwoman Spencer-Hwang] Meeting
Tuesday, June 11, 2024, 7:00 PM
Agenda Group
New Business Item: 5A
To
City Council
From
T Jarb Thaipejr, City Manager
Report by Council member Spencer-Hwang.