Loma Linda City Council
July 9, 2024

ATTACHMENT B

PUBLIC SAFETY COMMUNICATIONS SERVICES
I. SERVICES UNDER THIS ATTACHMENT
This Attachment B is applicable for Public Safety Communications services which consist of the following services as defined in Attachment A, “ITD Rate Sheet – External Customers”, and as further defined within this Attachment B:

Dispatch Console Access, Maintenance, and Replacement
Pager Access
Radio Access and Maintenance
Radio Labor Services
Radio Mobile Data Access
II. SAN BERNARDINO COUNTY PUBLIC SAFETY COMMUNICATIONS SYSTEM ACCESS The San Bernardino County (County) Public Safety Communications System, hereinafter called “System”, is composed of two components known as the backbone and field equipment. The Backbone is defined as a portion of the System that provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios communicate with each other through voice transmission. It is composed primarily of fixed relay equipment and associated centralized dispatch and control equipment, including Radio Mobile Data Access modems owned and maintained by the County. Field Equipment is defined as that portion of the System that uses the Backbone for communications and consists primarily of local dispatch equipment, mobile radios, and portable radios. a) System Purpose and Objective
The primary purpose of the System is to serve the County and accommodate participation by public safety and local governmental agencies in the County. Secondarily, other governmental and safety related non-governmental users may be allowed access to the System as conditions warrant and as provided for by this Contract. During a disaster, public safety users will receive priority in all areas, based entirely on emergency response responsibilities and access to the System by non-public safety users may be limited or suspended.
b) Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users. In the case of a disaster, public safety users affected by the disaster shall have operational priority over all other public safety users, with County public safety users afforded the highest priority.

County has the final authority, at all times, to exercise discretionary control over the Backbone, and to otherwise manage Backbone traffic to ensure the ability of immediate-need public safety agencies to effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR GROSSLY

NEGLIENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.

c) Backbone Modification (Post Backbone Implementation) (i) The County may determine that Backbone modification is needed from time to time to meet the changing needs of County and/or users.
(ii) Costs for Backbone modifications made after the execution of this Agreement shall be assessed as follows:
(a) If the modification benefits all users, each user will bear the pro rata cost of the modification based on the user’s derived benefit. Derived benefit shall be determined as a percentage based on the number of units that are in service by each end user divided by the total units being serviced by the Backbone infrastructure at the time the modification is made.

ATTACHMENT - A

(b) If the modification improves service only for users in a definable local area, all users in such definable local area, and participating in and receiving direct benefit from the modification, shall share the costs for its implementation, operation, and maintenance equally. (c) If the modification only applies to a specific subset of users, the subset of users that caused the modification shall share the costs of the modification its implementation, operation, and maintenance equally.
(d) if the modification is requested by, and benefits only Customer, Customer shall bear the entire cost of the modification, its implementation, operation, and maintenance. (iii) Customer acknowledges and agrees that the County is the sole decision-maker in determining the allocation of costs for all Backbone modifications.
d) Field Equipment
(i) Customer shall, at Customer’s expense and future financial liability, purchase and maintain its own Field Equipment.
(ii) Customer shall, at Customer’s expense, expand or modify existing Customer structures, facilities, or dispatch centers as required to support the installation of Customer’s Field Equipment. (iii) Customer is solely responsible for ensuring that the Field Equipment is compatible with the System.
e) Related Non-Governmental Users
(i) At times, Customer’s non-governmental users may have a need to communicate with public safety/local government services during emergencies, or in their daily support of public safety/local government services. Where it is not in conflict with Federal Communications Commission (FCC) Regulations or other laws, and subject to approval by County, Customer’s non-governmental users may be allowed to have Backbone access. However, Customer’s non-governmental use of the Backbone for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to channel loading limits, as determined by County.
(ii) County shall be responsible for coordinating Backbone access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by new users. (iii) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local government expand to the point of competition with non-governmental use of the Backbone, Customer’s non-governmental users may be required by the County to terminate their use of the Backbone.
(iv) Customer’s non-governmental users will be removed in reverse order of their entry into the System, i.e., the last user to enter the System will be the first user to be removed unless any other Customer’s non-governmental user voluntarily relinquishes access. (v) County will provide Customer ninety (90) days prior written notice of termination of access to allow Customer’s non-governmental users to remove their equipment or transfer their operations to another communications system. At the expiration of the notice period, the Customer’s nongovernmental users will be denied access to the System. f) Backbone Ownership
It is understood that County has ownership of the Backbone, and upon any termination of this Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall remain with the County.

ATTACHMENT - A

III. PUBLIC SAFETY RADIO AND EQUIPMENT MAINTENANCE SERVICES The County Innovation and Technology Department (ITD) offers a number of radio and equipment maintenance services to public safety and local governmental agencies in the County of San Bernardino, as well as other governmental and safety-related non-governmental users. Services provided under this Contract consist of Public Safety Radio, Backbone radio equipment maintenance, radio, mobile/portable radio equipment maintenance, Mobile Data Access Modems maintenance, public safety radio dispatch equipment maintenance, and radio battery replacement.
a) County Responsibilities in Providing Maintenance Services If providing maintenance services to Customer, ITD:
(i) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from service for maintenance reasons;
(ii) Will remove, reinstall, and maintain Customer-owned radios or other covered equipment that has become defective from normal wear and usage, as solely determined by ITD, and perform repairs at ITD or elsewhere as determined by ITD;
(iii) Will provide a two-hour response time from notification for problems with radio dispatch equipment and Backbone radio equipment, and reasonable response time during normal County work hours on normal County business days for maintenance of Mobile Data Access Modems, and mobile/portable radios with afterhours service available at premium rates; (iv) Reserves the right to subcontract for all or part of services; (v) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by such failed equipment;
(vi) Assumes no liability for failure to provide or delay in providing services, under this Agreement. b) County Services Provided on a Time and Materials Basis (i) Service required due to Customer abuse or abnormal wear; (ii) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment;
(iii) Facility electrical problems at Customer location(s) or vehicle electrical problems; (iv) Services in addition to those identified above, to the extent feasible and cost-effective, as determined by ITD;
(v) Program or re-program radios at Customer’s request or in response to abnormal wear and usage, except for County-originated systems reconfigurations;
(vi) Replacement of accessories and consumable items, including batteries, antennas, and microphone cords;
(vii)Radio reactivations are processed within 5 business days after the request is received and are billed for each serial number reactivated at one-half of the Board-approved hourly rate in effect at the time reactivation is ordered.
c) Customer Responsibilities
Customer shall procure its own Field Equipment and shall:

ATTACHMENT - A

(i) Provide ITD with model and serial numbers of all equipment to be covered under this Contract. (ii) Designate an individual as the single point of contact for maintenance coordination. (iii) Coordinate and schedule service requirements with ITD reasonably in advance whenever possible. (iv) Advise ITD of all radio relocations or reassignments within their fleet, within 24-hours of relocation or reassignment.
(v) Have sole responsibility to maintain a current inventory of its Field Equipment using the System and to approve and validate billing of that inventory. Customer must notify ITD in writing when any Field Equipment is no longer in use by Customer, including notification of damaged, lost, or stolen Field Equipment. ITD will continue to bill Customer until notification is received, and Customer remains responsible for payment of charges for such Field Equipment. If Customer identifies discrepancies between billing and its inventory, a dispute notice should be sent by e-mail to [email protected] along with a justification and related documentation. If ITD determines that a charge was billed incorrectly, ITD will issue the applicable credit on the next monthly billing cycle.

ATTACHMENT - A

ATTACHMENT - A
City of Loma Linda
Regular City Council Staff Report
Council Bill #R-2024-19 - A Resolution to Approve the 2024-2025 Fiscal Year Budget (Continued from June 25, 2024)
Fiscal Year 2024-25 Budget Item
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2J
To
City Council
From
Sonia Fabela, Finance Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council Adopt Council Bill #R-2024-19 - A Resolution approving the Final Budget for the City of Loma Linda for Fiscal Year July 1, 2024, to June 30, 2025.

Attachments
Resolution - City FY 2024-25 Budget.pdf
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOMA LINDA, CALIFORNIA, ADOPTING THE FINAL

BUDGET FOR THE CITY OF LOMA LINDA FOR THE FISCAL
YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30,
2025

THE CITY COUNCIL OF THE CITY OF LOMA LINDA DOES RESOLVE AS FOLLOWS:

SECTION 1. That the Budget for the City of Loma Linda for the fiscal year commencing July 1, 2024 and ending June 30, 2025, as prepared and submitted by the City Manager and as modified by the City Council, is hereby approved and adopted as the Budget of the City of Loma Linda for said fiscal year.

SECTION 2. That from the effective date of said Budget, the several amounts stated therein as proposed expenditures shall be and become appropriated for the several departments, offices, and agencies of the City with respective objects and purposes therein set forth subject to expenditure pursuant to the provisions of all applicable ordinances of the City and statutes of the State.

SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed nor can be imposed in excess of such amounts as may be provided therefor in this Budget from the General Fund. In the event the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except with the approval of the City Council by resolution.

SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred to a different account for the same general object or purpose within the same department Council Bill #R-2024-19
RESOLUTION NO.

PAGE 2
or activity upon recommendation of the department head and the Director of Finance and approval of the City Manager.

SECTION 5. That all requisitions, purchase orders, fund transfers, inter-departmental orders or other encumbrances upon any account or appropriate object of any department shall be clearly recorded against the amount available both as to the number of items and total amount thereof, in such a way that there shall never be an overencumbrance or an overexpenditure upon any such accounts or appropriated objects and so the full number of articles set forth enumerated in the Budget or subsequent appropriation can be purchased or acquired out of the amount appropriated therefore.

SECTION 6. That the City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 9th day of July 2024 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Council Bill #R-2024-20
City of Loma Linda
Regular City Council Staff Report
Loma Linda Housing Authority Bill #R-2024-01 - A Resolution to Approve the Loma Linda Housing Authority 2024-2025 Fiscal Year Budget (Continued from June 25, 2024) Fiscal Year 2024-25 Budget Item
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2K
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the Housing Authority adopt the Loma Linda Housing Authority Council Bill #R-2024-01 - A Resolution approving the final Budget for the Loma Linda Housing Authority for Fiscal Year July 1, 2024, to June 30, 2025.

Attachments
Resolution - LLHA Bill #R-2024-01 - FY Budget.pdf
RESOLUTION NO.

A RESOLUTION OF THE LOMA LINDA HOUSING AUTHORITY

ESTABLISHING A FINAL BUDGET FOR FISCAL YEAR
2024-2025
WHEREAS, the Loma Linda Redevelopment Agency (the “Former Redevelopment Agency”) was eliminated pursuant to ABx1 26, Chapter 5, Statutes of 2011 (the “2011 Dissolution Measure”) which provided generally for the dissolution of all redevelopment agencies in the State of California; and WHEREAS, the 2011 Dissolution Measure was challenged by litigation initiated during 2011, which litigation was decided by the California Supreme Court in a manner which upheld the 2011 Dissolution Measure; and
WHEREAS, the 2011 Dissolution Measure, as amended by AB 1484, Chapter 26, Statutes of 2012 (“AB 1484” and, together with the 2011 Dissolution Measure, the “Dissolution Act”) further implemented certain aspects of the dissolution of redevelopment agencies within California; WHEREAS, pursuant to the 2011 Dissolution Measure, the City Council of the City of Loma Linda designated the Loma Linda Housing Authority (the “Authority”) to receive the housing assets of the Former Redevelopment Agency; and
WHEREAS, pursuant to the 2011 Dissolution Measure, the oversight board (“Oversight Board”) of the successor agency (“Successor Agency”) to the Former Redevelopment Agency approved the designation of housing properties and also approved and, following enactment of AB 1484, ratified the transfer of housing properties of the Former Redevelopment Agency to the Authority; and WHEREAS, the budgeting process establishes the plan of expenditures and the priorities of the Authority relating to its housing assets and operations; NOW, THEREFORE, BE IT RESOLVED that the budget for the Loma Linda Housing Authority for the fiscal year commencing July 1, 2024 and ending June 30, 2025, as prepared and submitted by the Authority Executive Director and as modified by the City Council sitting as the Loma Linda Housing Authority Board, is hereby accepted.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phillip Dupper, Chairman
ATTEST:

Lynette Arreola, Secretary
Loma Linda Housing Authority Bill #R-2024-01
City of Loma Linda
Regular City Council Staff Report
Presentation of the Voter Survey Research Results by Dr. Richard Bernard, Fairbank, Maslin, Maullin, Metz and Associates (FM3 Research)
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2M
To
City Council
From
Sonia Fabela, Finance Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council accept the results of voter survey research conducted by FM3 Research and presented by consultant Dr. Richard Bernard, Ph.D.

BACKGROUND:

On March 13, City Council, City staff, members of the Planning Commission, Budget Committee and members of the community gathered to discuss possible revenue-generating ideas. During the April 9 th meeting, Council
requested staff research and report back on the what is entailed in placing a revenue measure on the ballot. At the April 23, 2024 council meeting, staff was given direction by City Council to seek proposals from qualified research firms and select one that could assist the City with professional survey research. The goal of this process was to acquire information from citizens as to their view and opinion on the state of the City and whether a potential revenue measure would be viable in the near future.

ANALYSIS:

City staff projected the cost for professional survey research to be within the City Manager’s approval threshold.

Therefore, Requests for Proposals were sent out and received by the end of April. Although three requests were sent out, only two companies provided quotes. Franklin, Maslin, Maullin, Metz & Associates (FM3 research) was selected as the City’s consultant. Work performed by FM3 Research, a California-based company that has been conducting public policy-oriented opinion research since 1981, has contributed to many successful measures in various counties and cities  throughout the state. Their experience, especially in San Bernardino County, has equipped them with a deep understanding of the county's residents and voters.  Within the last four years, their research contributed to the successful passage of revenue measures for the Cities of Chino, Ontario and Montclair.

Dr. Richard Benard, an FM3 Research partner, and his team conducted a survey amongst randomly selected Loma Linda voters beginning on May 29, 2024. The survey was sent out via email and was branded with the City of Loma Linda logo and included unique links that could only be used once to ensure integrity. Landline and cell phone calls were also made that were 16 minutes in duration. And, lastly, text message invitations to take the survey via cell phone were also randomly distributed. The voters surveyed included voters from all five council districts.  The summarized results of the survey will be presented by Dr. Bernard during the City Council meeting and will be placed on the City’s website for the public to view the following day.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Consultant proposed cost of $24,950 paid out of General Government Professional Services account 0011940- 51820.

City of Loma Linda
Regular City Council Staff Report
Resolutions and Ordinance Measure to Declare a Fiscal Emergency; to Call and Give Notice of a Special Municipal Election to submit to the City's Qualified Voters the "City of Loma Linda Essential Services Measure", which enacts the "City of Loma Linda Transaction and Use Tax Ordinance" that Establishes a General-Purpose One Percent Transactions (sales) and Use Sales Tax Measure
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2N
To
City Council
From
Sonia Fabela, Finance Director
Via
T Jarb Thaipejr, City Manager

SEE ATTACHED STAFF REPORT
Attachments
Staff Report - LL Revenue measure - FINAL.pdf
Council Bill No. R-2024-26 - Resolution - Declare Fiscal Emergency - final.pdf Council Bill No. R-2024-27 - Resolution Submitting TUT Measure to Ballot 7-3-24 - Final.pdf Council Bill No O-2024-05 - Ordinance TUT - 6-30-24 -Reviewed by CDTFA - Final.pdf City of Loma Linda
Official Report
COUNCIL AGENDA: July 9, 2024
TO: City Council
VIA: Jarb Thaipejr, City Manager
FROM: Sonia Fabela, Finance Director
SUBJECT: Resolutions and Ordinance Measure to Declare a Fiscal Emergency; to Call and Give Notice of a Special Municipal Election to submit to the City's Qualified Voters the "City of Loma Linda Essential Services Measure", which enacts the "City of Loma Linda Transaction and Use Tax Ordinance" that Establishes a GeneralPurpose One Percent Retail Transactions and Use Tax Measure RECOMMENDATION:
1) Adopt Resolution No. 2024-26, declaring a fiscal emergency due to the projected severe deficits in future city budgets.
2) Adopt Resolution No. 2024-27, to approve the following:
a. Call and give notice of a Special Municipal Election for the purpose of submitting to the City's qualified voters the "City of Loma Linda Essential Services Measure," which enacts the "City of Loma Linda Transactions and Use Tax Ordinance" that establishes a generalpurpose one percent transactions (sales) and use sales tax measure subject to majority voter approval;
b. Request the Board of Supervisors of the County of San Bernardino to consolidate the Special Municipal Election with the Statewide Primary Election to be held on Tuesday, November 5, 2024;
c. Provide and set the rules for the filing of arguments for and against the measure and rebuttal arguments;
d. Direct the City Attorney to prepare the impartial analysis of the ballot measure; and e. Provide for other election matters as required by law. 3) Conduct first reading of Ordinance to be submitted to City's voters entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA ADDING CHAPTER 3.34 TO TITLE 3 OF THE LOMA LINDA MUNICIPAL CODE RELATED TO IMPOSING A

GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION," reading by title only and waiving further reading.
4) Authorize the Mayor, on behalf of the City Council, to prepare and file a written argument in favor of the proposed measure.
5) Authorize the City Manager to execute all the necessary documents on behalf of the City. 6) Approve an appropriation of $260,000 from General Fund reserves to fund the sales tax measure special election, voter information activities, and the assessment to administer the new local sales tax.

Approved/Continued/Denied
By City Council
Date _________________

BACKGROUND
The Loma Linda City Council will determine whether to place a measure on the November 5, 2024 ballot to allow and provide Loma Linda voters the option of enacting a secure, locally generated general fund revenue source. The measure for consideration by Loma Linda voters would increase the City's sales tax by 1% to provide an estimated $7.9 million annually to maintain essential City services for residents and businesses, including police, 911 emergency medical response; preserving and maintaining parks, open space, and natural areas; repairing streets and potholes; maintaining clean and safe public areas, while addressing homelessness, and maintaining senior programming. For the proposed measure to pass, a majority + 1 vote is required.

The City of Loma Linda has historically achieved and benefited from balanced budgets with noted exceptions during the Great Recession in 2008. City Council has been conservative over the years when faced with budget challenges. In each case, the City was able to approve operationally balanced budgets by shortening workdays by ½ hour, reducing workforce, suspending programs and services and deferring needed repairs and maintenance.

By taking these actions, the City has historically maintained and increased the health of the General Fund reserve with the goal of maintaining adequate reserve levels to mitigate the future risks of revenue shortfalls and unanticipated expenditures.

General Fund Overview: The City’s General Fund is the operating fund for the majority of the City’s services and activities summarized below:
o Fire Department
▪ Fire & Rescue Services
▪ Code Enforcement/Parking Control
▪ Fire Prevention and Disaster Preparedness
o Police – Sheriff Department Contract
o Planning and building safety
o Public Works
▪ Streets & Traffic Safety
▪ Refuse & Recycling
▪ Street, Facility, Vehicle & Park Maintenance
▪ Engineering
o Senior Center
o General government administration
General Fund revenues are derived from several sources including sales tax, property tax, property taxes in lieu of vehicle license fees, Administrative overhead, franchise fees, refuse service charges and LLUMC contract for law enforcement . The two highest revenues are sales tax representing approximately 23% and property taxes accounting for roughly 12% of General Fund revenues.

Over time, the City has seen growth in its revenues, including significant one-time injections such as funding from the American Rescue Plan Act (ARPA), distributed in two installments within the past three years. Despite these revenue increases and expected future growth, it is projected that expenditures will consistently exceed revenues annually for at least the next decade. This trend is driven by rising operational costs for services, materials, and labor, compounded by increased inflation, all of which affect the City's capacity to deliver essential community services. These escalating operational expenses are likely to limit investments in infrastructure and other strategic initiatives. To ensure long-term financial stability, the City must strive to align expenditures closely with sustainable revenue streams.

General Fund Forecast
On June 23, 2023, the Loma Linda City Council adopted a General Fund balanced budget with a proposed surplus of $146,400, however during mid-year budget review presented to City Council on February 13, 2024, after half a year of revenues had been received and expenditures transpired, a deficit of $490,200 was presented. The main reason for this increase was the significant amount of overtime in the Fire Department due to strike team and regular overtime coverage, increase in utility cost, software and software license, repairs and maintenance of facilities and salary and benefit recalculations. Upon seeing this, Management decided to not fill positions that had been approved by City Council such as the Assistant Public Works Director, EMS Coordinator and Accountant. For fiscal year 2024-2025, the General Fund Budget will be operating with a deficit covered by fund balance of $407,000.

The City will face significant challenges that may force crucial City services and programs to be reduced or eliminated in the coming years unless additional sources of revenue for the General Fund are secured. Protecting Loma Linda's long-term financial stability is key to maintaining essential City services for residents and businesses, including police, 911 emergency medical response; preserving and maintaining parks, open space, and natural areas; repairing streets and potholes; maintaining clean and safe public areas, while addressing homelessness, and maintaining senior programming. For fiscal year 2025-2026 a projected shortfall is projected at $780k with reserves covering the difference. While the operating deficits will initially be covered by the City's existing General Fund reserves, long-term operating deficits are projected to exhaust General Fund reserves by FY 2034-2035, making the City increasingly vulnerable to emergencies and other unanticipated factors, and threatening its ability to provide essential services.

ANALYSIS
Options to Achieve a Structurally Balanced City Budget
Given the seriousness of the impending fiscal crisis, staff was tasked with assessing possible cuts in spending and exploring current and potential revenue streams to achieve a City budget that is sustainable both operationally and structurally.

Maintaining the status quo will increasingly jeopardize the City's cherished quality-of-life programs and essential services. To manage rising costs, the City Council must prioritize mandatory operational services, potentially facing tough decisions on reducing, eliminating, or selecting among critical functions and services.

Revenue Options
To protect Loma Linda's future and maintain the current standard of service, the City has explored different approaches to generate revenue, with the goal of securing a stable, reliable source of general-purpose funding.

The revenue sources considered include:
• Taxes - Property and parcel taxes are subject to 2/3 voter approval. A transient occupancy tax increase, also known as hotel tax, would not provide a significant revenue source in Loma Linda.
• Fees - A city-wide cost-of-service study was recently conducted, and fees were adjusted. However, user fees are designed to cover the cost of providing a particular service and do not provide for general operating revenues. • Grants - The City identifies and pursues a variety of grants to fund projects and services. Most grants, however, provide only one-time funds for specific purposes and currently, there are not enough staff to apply, track, and complete reporting mandated by granting agencies.
• Cost Cutting – Throughout the years the personnel reductions have left city staff performing duties that are outside of their work scope to continue to maintain service levels acceptable to the public. Outsourcing of services has been done and continues to be considered, however, in some instances, there isn’t cost effective or generate a savings.

A diversified blend of revenues fosters the City's long-term financial stability, enabling strategic planning for future needs, investment in infrastructure enhancements, and effective response to evolving challenges, avoiding dependence on temporary solutions alone.

Without additional general revenues, the City will be forced to prioritize basic and mandated services that do not provide for enhancing the quality of life or maintenance of the community.

Road, parks, and facilities maintenance expenditures are among those projected to have the most significant negative impact on the City's General Fund reserves. Deferring maintenance puts these valuable assets at risk of accelerated deterioration and needed replacement, in addition to negatively impacting the residents and businesses that rely on these facilities. New infrastructure is currently covered by sources such as Development Impact Fees, however, the balances on those funds have also been depleted and will be replenished as new development comes in. With the passing of Measure V in 2006, the City is limited when it comes to development as Measure V established a 7,200-square-foot minimum lot size for the entire city, preserved about two-thirds of the 3,000-acre "South Hills" area as permanent open space, imposed new building height restrictions and mandated development traffic mitigation.

Recommendation – Increase Revenues Through Sales Tax
Considering the constraints on raising revenues to match inflation and the rapidly rising costs of materials, labor, utilities, and other operational factors, a local sales tax increase stands out as the most viable solution. It offers a consistent annual revenue stream to tackle Loma Linda's fiscal challenges, ensuring the continuity of essential services. Moreover, implementing a local sales tax measure ensures that funds stay within Loma Linda, benefiting the community directly.

Transactions and Use Tax (Sales Tax)
The California Department of Tax and Fee Administration (CDTFA) collects the sales and use tax from local retailers selling tangible personal property or from the users of tangible personal property purchased from retailers outside of the State of California. California cities currently receive 1% of the total sales tax rate within its jurisdiction, which is known as the Bradley-Burns Uniform Local Sales & Use Tax.

Loma Linda's sales tax rate is currently 7.75%, of which the City receives 1%. The State of California receives 6%, and San Bernardino County receives the remaining 0.75%. The current 1% local Bradly-Burns rate is a general tax and is allocated to all cities in California. It is unrestricted and received into the General Fund for general city services.

State law authorizes city and county residents to adopt local transactions and use taxes in addition to the basic Bradley Burns tax. The local portion of the sales tax that a county and a city within that county can levy together is capped at 2%.

The San Bernardino County Transportation Authority (SBCTA) currently collects 0.75% per dollar of sales, of which 0.5% has been approved by the voters of San Bernardino, leaving 1.5% available for other local sales taxes.

If the County or other local districts or agencies pass additional local sales tax measures, those would also apply toward the cap. Once the 2% cap is met in Loma Linda, Loma Linda voters would no longer be able to implement a local sales tax measure to support local City services.

The City of Loma Linda would, instead, become part of the County funding pool and receive only a portion of those taxes to support its programs.

If Loma Linda voters approve a local 1% sales tax measure, which is still under the 2% cap, all the tax dollars from that measure will be allocated locally to Loma Linda to support its essential services.

Comparison of Local Sales Tax Rates
The proposed 1% measure will keep Loma Linda competitive with other cities in the region, many of which already have local sales tax rates equal to or higher than what is being proposed for Loma Linda (8.75%). The additional revenue generated by these cities has allowed them to make important investments in their communities. Ontario, for example, is receiving approximately $100 million more a year as a result of its local sales tax measure.

In 2022 alone, 70 cities in California pursued sales tax increases to generate revenues for their communities, with many others expected to consider tax increases in the future.

Sales Tax Break Down with Local Sales Tax Increase
The funding from the proposed Loma Linda Transactions and Use Tax measure would be generated locally, ensuring protection from seizure by the State or other entities. These funds would further empower the City to enhance essential services and infrastructure that are crucial to the Loma Linda community. This investment aims to sustain and enhance the quality of life for residents and businesses in Loma Linda. Increasing locally controlled revenue will stabilize Loma Linda's finances, enabling the City to maintain essential services that contribute to community safety and well-being.

Next Steps
To provide Loma Linda voters the option and opportunity of approving a 1% sales tax increase to fund critical City services, all present members of the Loma Linda City Council must unanimously approve Resolution No. 2024-26 declaring a fiscal emergency. This allows the City Council to proceed to call for a Special Municipal Election on November 5, 2024, to allow Loma Linda voters to consider a general tax measure to address the fiscal emergency.

By adopting Resolution No. 2024-26, the City Council may proceed to call for the Special Municipal Election on November 5, 2024 and requests its consolidation with the Statewide Primary Election. It also approves the ordinance enacting the 1% sales tax increase, subject to voter approval at the election. The resolution directs the City Attorney to prepare an impartial analysis of the measure and authorizes the Mayor on behalf of the City Council to prepare an argument in favor of the measure and a rebuttal of an argument filed against the measure if required.

A two-thirds (i.e., 4 Councilmembers) vote of all members of the City Council (Gov. Code Section 53724(b); Rev & Taxation Code Section 7285.9) will be required to pass Resolution No. 2024-27 to order the submission of the proposed sales tax ordinance to the voters.

On November 5, 2024, City of Loma Linda qualified voters would vote on the following ballot question:

Impact and Applicability
Should the majority of qualified voters (50% + 1) vote "Yes" on the proposed measure, a 1% increase to the City of Loma Linda sales tax will be enacted, generating approximately $7.9 million annually in General Fund revenue.

For those making applicable purchases in the City of Loma Linda, the sales tax will cost an additional .01¢ per $1.00 spent on taxable goods or 10¢ for every $10.00 spent. The proposed sales tax excludes groceries, medical and dental services, real estate, rent, utilities, education, personal services, and labor.

Additionally, a portion of the City's sales tax revenues are generated by non-residents, thus providing an opportunity for non-Loma Linda residents to contribute their fair share to the community while enjoying the City's amenities.

Increasing the sales tax by 1% is not likely to push residents and non-residents to shop in nearby cities instead of Loma Linda, as many cities adjacent to and nearby Loma Linda already have higher sales tax rates than Loma Linda, as previously noted.

Unfunded Projects
As previously mentioned, to balance the budget, positions have been reduced and employees have been forced to take on additional responsibilities and perform duties outside of their work scope. To support the preservation of the City's existing quality of life, it is essential the City consider re-establishing and adding necessary positions that can assist in preserving and maintaining the quality of life Loma Linda residents deserve. Addressing $4.4 Million of unfunded positions and neighborhood improvement projects over the next 5 years, new revenue is required.

It is important to secure the needed revenues as soon as possible, given that the costs of these projects continue to rise over time, further exacerbating the budget deficits and the severity of the City's fiscal emergency. Many of these unfunded positions and projects are necessary for the well-being of the Loma Linda community as they support safe neighborhoods, quality infrastructure, and reliable, high-quality services that attract businesses and residents.

By enacting a 1% sales tax, the City will be able to address the budget imbalance and fiscal emergency as well as start to implement and fund important unfunded projects the City hopes to complete within the next 5 years, such as:
• Public Safety - $1.1M for Fire station #3 projected to be completed in fiscal year 2026- 2027 and will assist in maintaining 911 emergency response times. • Parks, Recreation, & Community Beautification - $500k for safe and updated playground equipment, maintenance of lighting and safety improvements; and restroom, ballfield, and courts improvements, $400k staffing and equipment of Community Center estimated to open in fiscal year 2026-2027.
• Miscellaneous Maintenance costs and Service contracts $460k for small equipment and tools, contractual agreements, traffic counts, Gap analysist and professional services for plan checks. All of which have been removed from recent budgets to avoid a greater shortfall.
• Position reinstatements or additions - $2M for fiscal year 2025-2026 but cost will increase each year due to cost of living increases in salaries, medical and retirement benefits. A total of 14 positions needed to ensure the City services continue can be maintained and improved.

Accountability
The City of Loma Linda Essential Services Measure includes numerous accountability provisions, such as public disclosure of all spending and annual independent financial audits, ensuring that funds from this measure will be used efficiently, effectively, and as intended. The City is required to publicly report on the expenditure of revenues, including the revenues generated by the proposed sales tax measure.

Importantly, the revenues generated by the measure will be under local control to provide general local services and will be spent on quality-of-life services and programs benefitting Lom Linda residents and businesses. By law, the State and County cannot take this funding away and the revenue benefits only the City of Loma Linda.

Overview of the City of Loma Linda Essential Services Measure The ballot measure proposed for voter consideration:
• Enacts a 1 % local sales tax for general City purposes • Will generate approximately $7.9 million annually
• Places all funds generated by the measure in the City's General Fund maintaining 911 response times, sheriff/fire service levels; helping prevent property crimes/thefts; keeping public areas safe/clean; addressing homelessness; preserving/maintaining parks/open space/natural areas; repairing streets/potholes; for general services; as determined each year by the City Council through the budget approval process • Includes the funds generated by the sales tax in the City's annual independent audit • Ensures that these locally generated revenues remain in Loma Linda

ENVIRONMENTAL
None

FINANCIAL IMPACT
Subject to approval by Loma Linda voters on the November 5, 2024 Special Municipal Election, a 1% local transactions and use tax (sales tax) would take effect pursuant to the timeline specified in Revenue and Taxation Code §7265, projected to be March 1, 2025. Staff estimates that a 1% local sales tax would generate additional annual revenues for the City of Loma Linda of approximately 7.9 million (based on FY 2023-24 sales tax projections). Should voters approve the proposed sales tax measure, amendments to the adopted FY 2024-2025 City budget will be brought to the City Council for consideration.

Under Revenue and Taxation Code § 7272, the California Department of Tax and Fee Administration (CDTFA) will assess the City charges to administer the new local sales tax based on actual costs, with a statutory maximum not to exceed $175,000.

San Bernardino County will incur additional costs by consolidating elections as requested by the City of Loma Linda. The City would be required to reimburse the County for the City's share of the applicable costs, estimated to be $40,000 based on past elections.

Additionally, the City will need to develop and make available to residents information about the proposed measure, resulting in costs related to public outreach and education, estimated to be $45,000.

The FY 2023-2025 Budget would be adjusted as follows:
001940-51830 General Government - Contractual Services $25,000 0011940-51500 General Government Printing and Publishing $20,000 0011100-51875 City Clerk – Elections $40,000
0011940-51830 General Government Contractual agreements $175,000 Total Supplemental Appropriation from Fund Balance $260,000

ATTACHMENT
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOMA LINDA, CALIFORNIA, UNANIMOUSLY

DECLARING A FISCAL EMERGENCY PURSUANT TO
ARTICLE XIIIC SECTION 2(B) OF THE CALIFORNIA

CONSTITUTION
WHEREAS, pursuant to Article XIIIC, Section 2(b) of the California State Constitution, an election to impose a general tax is required to be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by unanimous vote of the governing body; and
WHEREAS, the City Council may act to submit to the voters at the special municipal election to be held on November 5, 2024 (an election which does not include the election of a person to membership on the City Council) a question related to the imposition of a general tax, if a fiscal emergency is declared;and
WHEREAS, the City of Loma Linda ("City") faces severe budget pressures due to continued increases in operating expenditures significantly outpacing increases in revenue; and
WHEREAS, protecting the City's long-term financial stability is key to maintaining essential City services for residents and businesses, including police, 911 emergency medical response; preserving and maintaining parks, open space, and natural areas; repairing streets and potholes; maintaining clean and safe public areas, while addressing homelessness, and maintaining senior programming; and
WHEREAS, the City is facing a financial crisis. In Fiscal Year 2024-2025, the City shortfall is projected to be $407,000, with reserves covering the difference. Starting in Fiscal Year 2025-2026, the City is projecting a budget deficit of $1.7 million on average annually over the next ten years; and
WHEREAS, after reviewing the Fiscal Year (FY) 2024-2025 budget, which outlines $27.1 million in expenditures it is estimated that the City's current needs require an additional $1.7 million on average annually over the next ten years, which would deplete the $17.9 million currently in reserves by FY 2034-2035; and WHEREAS, the City Council wishes to declare a fiscal emergency as that term is used in Article XIIIC, section 2(b) of the California State Constitution; and WHEREAS, the City Council undertook a financially responsible approach to overcoming hurdles in the years during and after the recession and COVID-19 to balance the budget, which included reducing the City's workforce, eliminating programs, and deferring repairs and maintenance; and
Council Bill No. R-2024-26
WHEREAS, while having an operationally balanced budget, the City has approximately $2.5 million in unfunded positions that will progressively increase each year and $1.9 million in unfunded neighborhood improvement projects that, over time, will become more expensive to address; and
WHEREAS, unless addressed, the City will be facing challenges that may force essential City services and programs to be reduced or eliminated in the coming years if additional sources of revenue for the General Fund are not identified; and WHEREAS, it will become more difficult to protect the City’s valued quality of life programs and maintain essential City services including police, 911 emergency medical response; preserving and maintaining parks, open space, and natural areas; repairing streets and potholes; maintaining clean and safe public areas, while addressing homelessness, and maintaining senior programming; and
WHEREAS, additional locally controlled funding is needed to address service priorities including police, 911 emergency medical response; preserving and maintaining parks, open space, and natural areas; repairing streets and potholes; maintaining clean and safe public areas, while addressing homelessness, and maintaining senior programming; and
WHEREAS, local control overtaxpayer dollars willhelp toensure moremoney stays in the City for essential local services and help to maintain the level of service residents expect and deserve; and
WHEREAS, despite the City's sound management and disciplined control of its financial health, the City's ability to sustain local services in the future is seriously threatened by the fiscal crisis the City faces; and
WHEREAS, even with these fiscal difficulties, the City seeks to continue to maintainthe same level of essential City servicesfor the benefit of its residents, including police,911 emergency medical response; preserving and maintaining parks, open space, and natural areas; repairing streets and potholes; maintaining clean and safe public areas, while addressing homelessness, and maintaining senior programming; and WHEREAS, it is in the best interests of the public welfare of the residents and businesses of the City to avoid future cuts to essential City services; and WHEREAS, the City's fiscal crisis herein described is of sufficient gravity and severity that the City Council may propose and allowthe electorate to approve a one cent (1¢) Transactions and Use Tax, increasing the overall combined (state, county, district, and local tax rate in the City from 7.75% to 8.75%, to be in effect until ended by repealing of ordinance.

Council Bill No. R-2024-26

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMA

LINDA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. That the foregoing recitals are true and correct, and are incorporated herein by reference.

Section 2. The City Council hereby makes the following written findings supporting the declaration of said fiscal emergency:

A. The City projected during the mid-year budget review a budget shortfall of $8.9 Million City-wide and $490,200 in the General Fund with reserves covering the difference in Fiscal year 2023-2024; B. The City will experience a budget shortfall of $407,000 in the General Fund with reserves covering the difference in Fiscal year 2024-2025; C. The City is projected to see a budget deficit of $1.7 Million per year on average starting Fiscal Year 2025-2026 over the next 10 years; D. The city is facing challenges that may force essential City services and programs to be reduced or eliminated in the coming years if additional sources of revenue for the General Fund are not identified; E. The projected depletion of the $17.9 Million currently in reserves in the General Fund by Fiscal Year 2034-2035; and
F. The City Council has taken actions to eliminate programs and defer repairs and maintenance that did not affect essential services to the community, but reduced expenditures. However, to sustain the current levels of service, the City must consider additional revenue sources.

That based upon the foregoing, the City Council hereby unanimously finds and declares a fiscal emergency, as the term "emergency" is used in Article XIIIC, Section 2(b) of the California Constitution, now exists in the City of Loma Linda justifying calling for a special municipal election on November 5, 2024, in order that theCity may propose, and the City voters may consider, adoption of a general tax measure intended to address that emergency by ensuring that the City has the resources necessary to preserve the public health, safety, and welfarein the future.

Council Bill No. R-2024-26
Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution. This Resolution shall be effective immediately upon passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Loma Linda , California, at a regular meeting held on 9th day of July, 2024.

AYES:

ABSENT:

NOES:

ABSTAIN:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Council Bill No. R-2024-26
RESOLUTION NO.___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA

LINDA, CALIFORNIA, CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE BALLOT AT THE NOVEMBER 5,
2024, SPECIAL MUNICIPAL ELECTION FOR THE SUBMISSION TO

THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE ADDING
CHAPTER 3.34 to Title 3 (“TRANSACTIONS AND USE TAX”) OF THE

LOMA LINDA MUNICIPAL CODE TO ESTABLISH A ONE PERCENT
(ONE CENT) GENERAL TRANSACTIONS AND USE TAX (SALES TAX)

AND REQUESTING CONSOLIDATION OF THAT ELECTION WITH
THE STATEWIDE GENERAL ELECTION ON THE SAME DATE;

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE MEASURE; AND PROVIDING FOR THE FILING OF

ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF AND

AGAINST THE MEASURE
WHEREAS, the City Council of the City of Loma Linda is authorized to levy a Transactions and Use Tax for general purposes pursuant to California Revenue and Taxation Code §7285.9, subject to approval by a two-thirds vote of all members of the City Council and by a majority vote of the electorate pursuant to Article XXIIIC, §2 of the California Constitution ("Proposition 218"); and
WHEREAS, pursuant to California Elections Code §9222, the City Council has the authority to place initiative measures on the ballot to be considered at a Municipal Election; and
WHEREAS, the City Council would like to submit to the voters an initiative measure establishing a general Transactions and Use Tax ("TUT") on the sale and/or use of all tangible personal property sold at retail in the City at a rate of 1% or one cent (1¢); and
WHEREAS, the TUT is a general sales tax, the revenue of which will be placed in the City's general fund and will be used to pay for essential general City services; and Council Bill No. R-2024-27
Council Bill #R-2024-27

WHEREAS, revenue generated by this measure can be used to address community-identified spending priorities, such as: maintaining 911 response times, sheriff/fire service levels, helping prevent property crimes/thefts; keeping public areas safe/clean; addressing homelessness; preserving/maintaining parks/open space/natural areas; repairing streets/potholes; for general services; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and time that the City precincts, polling places, and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the Special Municipal Election and the election be held in all respects as if there were only one election; and
WHEREAS, in the course of conduct of the election it is necessary for the City to request that the Board of Supervisors of the County of San Bernardino permit the County Elections Official to provide services related to the Special Municipal Election to be held on November 5, 2024; and
WHEREAS, the Loma Linda Essential City Services Measure would raise the local sales tax by 1% and, if approved, would generate an estimated $7,900,000 each year of new and local revenue, until ended by voters, to protect and maintain essential City services that would directly benefit the residents and businesses of Loma Linda; WHEREAS, on July 9, 2024, by unanimous approval, the City Council adopted Resolution No. 3225, declaring a fiscal emergency due to the severe future budget deficits projected; and
WHEREAS, the initiative ordinance to be considered by the qualified voters and Council Bill No. R-2024-27
Council Bill #R-2024-27

the terms of approval, and collection and use of the general TUT are described and provided for in the initiative ballot measure attached hereto as Exhibit "A" (the "Measure") and by this reference made an operative part hereof, in accordance with all applicable laws.

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

SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.

SECTION 2. Call for Consolidation of Special Municipal Election with the Statewide General Election on the same date.

A. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Loma Linda, California, on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of placing an initiative on the ballot for a general transaction and use tax. As the interests of efficiency call for the consolidation of local elections with a statewide election to be held on the same date, the City Council hereby declares its intent to consolidate the Special Municipal Election with the Statewide General Election to be held on November 5, 2024. This Resolution constitutes the request for consolidation required by Elections Code Section 10403. The Loma Linda City Clerk shall forward a certified copy of this resolution to the Clerk of the San Bernardino County Board of Supervisors and the San Bernardino County Registrar of Voters (County Elections Official) at least 88 days prior to November 5, 2024.

Council Bill No. R-2024-27
Council Bill #R-2024-27

B. All voting places, precincts, and election officials within the boundaries of the City of Loma Linda shall be the same as those for the Statewide General Election. The City Council hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Elections Code Section 10418.

C. The Loma Linda City Council hereby requests approval from the San Bernardino County Board of Supervisors to authorize the County Elections Official to provide election services to conduct the Special Municipal Election.

D. The Loma Linda City Clerk is hereby authorized, instructed, and directed to coordinate with the County of San Bernardino Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the Special Municipal Election.

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

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

SECTION 3. Submission of Measure. Pursuant to California Constitution, Article XIIIC, Section 2(b), California Elections Code §9222, California Revenue and Taxation Code §7285.9, and any other applicable requirements of the laws of the State of California relating to general law cities, the City Council hereby calls and orders to be held in the City of Loma Linda on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of submitting the Measure attached hereto as Exhibit "A" and Council Bill No. R-2024-27
Council Bill #R-2024-27

incorporated herein by this reference to the qualified electors of the City.

SECTION 4. Pursuant to Revenue & Taxation Code Section 7285.91, Elections Code Section 9222, and Government Code Section 53724, the City Council hereby orders the following question regarding the adoption of an ordinance to be submitted to the voters at the special municipal election called for Tuesday, November 5, 2024:

Loma Linda Essential City Services
Measure. To fund City of Loma Linda
services such as maintaining 911
response times, sheriff/fire service levels;
helping prevent property crimes/thefts;
keeping public areas safe/clean;
addressing homelessness;
preserving/maintaining parks/open
space/natural areas; repairing
streets/potholes; for general services;
shall the measure be adopted approving
an ordinance increasing the sales tax by
1¢, providing approximately $7,900,000
annually until ended by voters; requiring
audits, public spending disclosure, all
funds used locally?
YES
NO
SECTION 5. Conduct of Election. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

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

Council Bill No. R-2024-27
Council Bill #R-2024-27

SECTION 7. Arguments/Rebuttal Arguments. Pursuant to Section 9280 through 9287 of the California Elections Code, arguments for or against the measure and rebuttal arguments shall be submitted and selected as follows:

A. Pursuant to California Elections Code Section 9282, the City Council or any member thereof authorized by the City Council may prepare and file a written argument in favor of the proposed measure, not to exceed three hundred (300) words, on behalf of the City Council. In the event that an argument is filed against the measure, the Mayor is authorized to prepare a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Council or bona fide associations or by individual voters who are eligible to vote on the measure.

B. The last day for submission of primary arguments for or against the measure shall be by 12:00 p.m. on August 19, 2024, pursuant to Elections Code Section 9286 and shall be accompanied by Statement Form 9600 pursuant to Elections Code Section 9600.

All primary arguments may be changed or withdrawn until and including the last day for submission of primary arguments, after which time no arguments for or against the aforementioned measure may be submitted to the City Clerk.

C. Primary arguments (1) shall not exceed three hundred (300) words; (2) shall be filed with the City Clerk; and (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument.

D. In the event that more than one argument for or against the measure is timely submitted, the City Clerk shall be given preference and priority in the order set forth in California Elections Code Section 9287.

Council Bill No. R-2024-27
Council Bill #R-2024-27

E. Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument that it seeks to rebut.

F. The last day for submission of rebuttal arguments for or against the measure shall be by 12:00 p.m. on August 23, 2024, pursuant to Elections Code Section 9285 and shall be accompanied by Statement Form 9600 pursuant to Elections Code Section 9600.

G. Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five persons. The author or a majority of the authors of a primary argument relating to the aforementioned measure may prepare and submit a rebuttal argument. A rebuttal argument may not be signed by more than five (5) authors.

SECTION 8. Impartial Analysis. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure as set forth herein to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than Council Bill No. R-2024-27
Council Bill #R-2024-27

10-point bold type, a legend substantially as follows: “The above statement is an impartial analysis of Ordinance or Measure___. If you desire a copy of the ordinance or measure, please call the elections official’s office at (909) 799-2819 and a copy will be mailed at no cost to you.” The impartial analysis shall be filed with the City Clerk by 12:00 p.m. on August 19, 2024.

SECTION 9. The City Clerk shall cause the City’s Attorney’s Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding same.

SECTION 10. Filing with County. The City Clerk shall, not later than the 88th day prior to the Special Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the County Clerk - Registrar of Voters of the County of San Bernardino, State of California, a certified copy of this Resolution.

SECTION 11. The City Clerk is hereby authorized to utilize the services of the San Bernardino County Registrar of Voters to conduct the special election. The City of Loma Linda hereby agrees to pay the costs of those services as outlined by the current policy of the County Elections Department.

SECTION 12. Public Examination. Pursuant to California Elections Code Section 9295, this measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post the notice in the Clerk's office of the specific dates that the examination period will run.

SECTION 13. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution or its application to any person or circumstance is for any Council Bill No. R-2024-27
Council Bill #R-2024-27

reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Loma Linda hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 14. Effective Date. This Resolution shall take effect immediately upon its adoption as a measure affecting an election.

SECTION 15. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of Loma Linda, California this 9th day of July, 2024, by the following vote:

AYES:

ABSENT:

NOES:

ABSTAIN:

Phillip Dupper, Mayor
ATTEST:
__________________________
Lynette Arreola, City Clerk
Council Bill No. R-2024-27
Ordinance No. Page 1 of 6
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOMA LINDA ADDING CHAPTER 3.34 TO TITLE 3 OF THE

LOMA LINDA MUNICIPAL CODE RELATED TO IMPOSING A

GENERAL TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF

TAX AND FEE ADMINISTRATION (SUBJECT TO FINAL

APPROVAL BY THE VOTERS AT THE TUESDAY, NOVEMBER
5, 2024 GENERAL MUNICIPAL ELECTION)
WHEREAS, the City of Loma Linda is authorized to levy a Transactions and Use Tax for general purposes pursuant to California Revenue and Taxation Code §7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIII(C), §2 of the California Constitution (Proposition 218); and
WHEREAS, pursuant to California Elections Code §9222, the City Council has the authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, on July 9, 2024, the City Council adopted Resolution No. _______________ ordering the submission to the voters of Loma Linda a measure to consider a one percent Transactions and Use Tax at the Special Municipal Election of November 5, 2024 (the “Measure”); and
WHEREAS, the City Council has reviewed the form and content of this Ordinance and by its adoption approves this Ordinance as the complete text of the Measure subject to approval by the voters of the City of Loma Linda.

NOW, THEREFORE, THE CITY COUNCIL AND THE VOTERS OF THE CITY OF LOMA LINDA HEREBY ORDAIN AS FOLLOWS:

SECTION I. Amendment to Code. Chapter 3.34 is hereby added to Title 3 the Loma Linda Municipal Code with the following provisions:

3.34.010. Title.

A. This chapter shall be known as the “2024 General Transactions and Use Tax Ordinance of the City of Loma Linda.”
B. The City of Loma Linda hereinafter shall be called “City.” C. This ordinance shall be applicable in the incorporated territory of the City.

3.34.020. Operative Date.
“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

3.34.030. Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the Council Bill No.O-2024-05
Ordinance No. Page 2 of 6
California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

3.34.040. Contract with State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.34.050. Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.34.060. Place of Sale.

For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out–of–state destination or to a common carrier for delivery to an out–of–state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.34.070. Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.34.080. Adoption of Provisions of State Law.

Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

3.34.090. Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

Council Bill No.O-2024-05
Ordinance No. Page 3 of 6

1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.

C. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.34.100. Permit Not Required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

3.34.110. Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley–Burns Uniform Local Sales and Use Tax Law or the amount of any state–administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Council Bill No.O-2024-05
Ordinance No. Page 4 of 6
Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out–of–City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out–of–City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state–administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

Council Bill No.O-2024-05
Ordinance No. Page 5 of 6

7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

SECTION II. Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

SECTION III. Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

SECTION IV. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION V. Effective Date. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately.

SECTION VI. Termination Date. The tax imposed by this ordinance shall continue until this ordinance is repealed.

SECTION VII.Independent Audits. The City shall at least annually retain an auditor independent of the City to audit the accounting of the receipt and expenditures of the proceeds of the tax imposed by this ordinance to ensure compliance with its requirements. The City Council shall discuss the auditor’s report at a regular Council meeting and the report shall be posted to the City’s website.

SECTION VIII. Execution. The Mayor shall sign and the City Clerk shall attest to the adoption of this ordinance upon certification by the City Council of the results of the election approving this ordinance.

APPROVED AND ADOPTED this 23rd day of July, 2024.

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
I, Lynette Arreola, City Clerk of the City of Loma Linda, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. ________________ of said City, which was introduced at a regular meeting of the City Council held on the 9th day of July, 2024, and finally passed not less than five (5) days thereafter at a regular meeting on the 23rd day of July, 2024, by the following vote, to–wit:

AYES: XX
NOES: XX
Council Bill No.O-2024-05
Ordinance No. Page 6 of 6
ABSTAIN: XX
ABSENT: XX
Lynette Arreola, City Clerk
Council Bill No.O-2024-05
City of Loma Linda
Regular City Council Staff Report
Approve Demands Registers - July 9, 2024 [Finance]
Meeting
Tuesday, July 9, 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 - July 9, 2024.pdf

City of Loma Linda
Regular City Council Staff Report
Approval of Minutes June 11, 2024 [City Clerk]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3B
To
City Council
From
Lynette Arreola, City Clerk
Attachments
Regular-City-Council-06-11-2024-minutesdraft
Approval of Minutes for Regular City Council held on June 11, 2024.

1. Call to Order
1A. Call to Order- 8:35 PM
The meeting was called to order at 5:30 pm and immediately recessed to consider the Closed Session as listed. The Regular Meeting reconvened at 8:07 pm with all members present; Councilman Rigsby participated via Zoom at 8:15 pm.
1B. Roll Call- 8:35 PM
Council Member Rhodes Rigsby participated via Zoom; all other Council Members were present.

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
Nicole Campbell, Associate Planner
Andrew Sanchez, Information Systems
Lt. Kaysie Smith, San Bernardino County Sheriff's Department 1C. Closed Session - 5:30 PM - 8:35 PM
City Attorney Robbins stated that the City Council met in Closed Session to discuss the two items as noted on the agenda. She mentioned that direction was given to staff, and no action was taken. 1D. Invocation and Pledge of Allegiance - Councilwoman Spencer-Hwang- 8:35 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
June 11, 2024, 5:30 PM - June 11, 2024, 9:08 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Ovidiu Popescu, Councilmember
Rhodes Rigsby, Councilmember - Present via Zoom
Rhonda Spencer-Hwang, CouncilMember
The Invocation and Pledge of Allegiance was led by Councilmember Spencer-Hwang. 1E. Items to be Added or Deleted- 8:35 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)- 8:35 PM Cotie Williams, Director of the PossAbilities Program, and Zane Browning stated that they will be hosting the US Paralympics Cycling Time Trial in Loma Linda scheduled for July 7, 2024. At this event, Team USA will select 5 men and 5 women and 3 alternates to compete in the Paris Paralympics representing Team USA. Mr. Browning also discussed the technical and logistical aspects of the race.

Andrea De Leon introduced herself as the new Executive Director for the Chamber of Commerce. She expressed her appreciation for the warm welcome from the City staff and stated her hopes of serving the city and business community effectively.

Kyle MacGavin, Representing the Unrepresented Miscellaneous Management/Confidential City Employees, spoke on behalf of the group in relation to the labor negotiations pertaining to wages and benefits. He highlighted the collective years of service and institutional knowledge within the group. 1G. Conflict of Interest Disclosure- 8:35 PM
No conflicts of interest were noted.

2. Scheduled and Related Items
2A. Public Hearing (Continued from May 14, 2024) - 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]- 8:35 PM Associate Planner Campbell presented the report into evidence, summarizing that the project was continued from May 14, 2024, for the applicant to revise the site plan to address parking concerns. She noted that the applicant worked with City staff, revised their site plan, and widened the driveways while ensuring compliance with City codes. She summarized five (5) Conditions of Approval discussed and recommended by the Planning Commission and City Council that included a 6-foot block wall along the western property line; decomposed granite walking path along the western curb, installing bollard lighting along the western property line; establishing drainage solutions; and widening the driveways. Since the five conditions are not part of the project's conditions of approval, she reminded that adding any or all of the conditions should be part of the motion.

Councilmember Popescu thanked the applicant for working with City staff to make the modifications to address his parking concerns. He was satisfied with the revised plan and the five Conditions of Approval in the staff's presentation.

The public hearing was opened at 8:30 pm.

Mr. Stewart expressed concern about water drainage from the project development that will impact adjacent residential properties. Associate Planner Campbell noted that it was an added condition where the applicant shall work with staff to establish a drainage solution to facilitate drainage from the east adjacent property.

Alex Mucino, the applicant, stated that he had no objections to the five added conditions in the staff's presentation.

The public hearing was closed at 8:34 pm.

Motion by Ovidiu Popescu, seconded Ronald Dailey, and passing by a vote of 5-0-0-0 to Determine that the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant Section No. 15332, (Class No. 32, In-Fill) and direct staff to file a Notice of Exemption; to APPROVE Tentative Tract Map No. P22-264 (Map 20467) to subdivide a 2.8-acre parcel and create nine (9) single-family residential lots, one (1) letter lot for a storm-water drainage basin, and a new public street with associated street and landscaping improvements; and, to APPROVE Precise Plan of Design No. P22- 266 for the demolition of an existing single-family residence and the construction of nine (9) single-family residences each featuring its own Accessory Dwelling Unit based on the Findings and Conditions contained in the staff report and subject to the five added Conditions noted in the presentation. 2B. Public Hearing - Council Bill #R-2024-22 - A Resolution to Approve the Annual Report and Assessments for the Landscape Maintenance District 1 for Fiscal Year 2024-25- 8:35 PM City Manager Thaipejr presented the report into evidence stating that the preliminary Annual Report and Assessment for the Landscape Maintenance Maintenance District 1 for Fiscal Year 2024-25 was presented on May 14, 2024; that the adoption of the proposed resolution would approve the assessment for each property within the Landscape Maintenance District; and that the total assessment will be $468,177 and the total expenditures were estimated to be $669,981, the difference would be offset by the General Fund.

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

Motion by Ovidiu Popescu, seconded Rhodes Rigsby, and passing by a vote of 5-0-0-0 To Adopt Council Bill #R-2024-22, RESOLUTION NO. 3221, 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
2C. Public Hearing - Council Bill #R-2024-23 - A Resolution to Approve the Annual Report and Assessments for the Street Light Benefits Assessment District for Fiscal Year 2024-25- 8:35 PM City Manager Thaipejr presented the report into evidence stating that the preliminary Annual Report and Assessment for the Street Light Benefits Assessment District for Fiscal Year 2024-25 was presented on May 14, 2024; that the adoption of the proposed resolution would approve the assessment for each property within the Street Light Benefits Assessment District; and that the total assessment will be $365,191 and the total expenditures were estimated to be $457,900, the difference would be funded with the previous year carry over.

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

Motion by Rhodes Rigsby, seconded Ronald Dailey, and passing by a vote of 5-0-0-0 To Adopt Council Bill #R-2024-23, RESOLUTION NO. 3222, 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 2D. 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- 8:36 PM Public Hearing was opened at 8:42 PM and closed at 8:47 PM Community Development Director Matarrita presented the report into evidence stating that the proposal is to repeal Ordinance 712 removing Chapter 17.105, which currently imposes restrictions on fast food restaurants with drive-throughs. The repeal would lift the ban on drive-throughs. She provided the history of when the Ordinance was adopted in 2013. She noted that since the ban, there had been significant changes particularly driven by the pandemic shifting dining habits. She noted that at a budget workshop in March, community members highlighted the need for drive-throughs to serve Loma Linda's daytime population and the convenience for those with accessible needs. She further discussed the adoption of the Ordinance would amend the allowable uses table, permitting drive-throughs in most commercial areas with a Conditional Use Permit, and would also introduce special use regulations to additional development standards specific to drive-throughs. She noted that public noticing was done as required by the Code. To date, the City had not received comments in opposition to the Code Amendment. She noted that the Planning Commission approved the Ordinance on June 5.

Councilmember Rigsby inquired from Councilmember Spencer-Hwang about the opinion of her colleagues, who were the primary proponents of the adoption of Chapter 17.105, as to the removal of the restriction.

Councilmember Spencer-Hwang stated that the majority of her colleagues she spoke with agreed that COVID has changed how public health views drive-throughs.

Milford Harrison supported the adoption of the Ordinance. He noted his involvement with the first drivethrough in Loma Linda, pointing out that the design aspects of the drive-through must be carefully considered under the Conditional Use Permit process to maintain the community's aesthetics.

Andrea De Leon, Executive Director of the Chamber of Commerce, expressed support for lifting the drivethrough ban, which will generate tax revenue for the City.

Maria Rosas, Government Affairs of the Western Region for Starbucks, supported the adoption of the ordinance. She noted that communities are finding that drive-throughs when carefully designed in alignment with the vision of the leadership of the community, are a great asset.

The public hearing was closed.

Discussion ensued regarding the City scheduling a second regular meeting on June 25 to address the City's 2024-25 Fiscal Year Budget for City Council action, pending ongoing labor negotiations. However, if the draft budget is not ready by June 25, City Attorney Robbins stated that the Council would need to adopt a resolution allowing the City continued authority to pay bills. It was also discussed to schedule the second ordinance reading for June 25.

Motion by Ron Dailey, Seconded by Rhonda Spencer-Hwang and passed by a vote of 4-1-0-0, Opposed by Popescu, to 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 to Introduce Council Bill #O-2024-04 on first reading and set second reading to July 23, 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, C1, 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.

Councilmember Popescu noted that, when the drive-through ban was adopted, he believed it was for the right reasons; to maintain Loma Linda as a healthy living, Blue Zone city. Although he frequently uses drive-throughs, he believes that banning them helps keep Loma Linda a nice place. He added that he has not been persuaded that drive-throughs will generate much revenue, but, from personal research, will contribute to other negative matters.

3. Consent Calendar
Regarding Agenda Item 3G, Councilmember Popescu thanked the San Manual Band of Mission Indians for the generous contribution to the Fire Department.

Motion by Ronald Dailey, seconded Rhodes Rigsby, and passing by a vote of 5-0-0-0 To Approve the Consent Calendar as submitted.
3A. Demands Register - May 28, and June 11, 2024 [Finance]- 8:53 PM Approved the Demands Registers dated:
3B. Approval of Minutes April 23, 2024- 8:53 PM
Approved minutes as submitted.
3C. Approval of Minutes May 14, 2024- 8:53 PM
May 28, 2024, with commercial demands totaling $1,733,557.62, and Payroll dated May 23, 2024, totaling $393,693.03; and
June 11, 2024, with commercial demands totaling $746,905.52, and Payroll dated June 6, 2024, totaling $375,076.16.

Approved minutes as submitted.
3D. Treasurer's Report - May 2024 [Finance]- 8:53 PM
Accepted for filing.
3E. Fire Department's Activity Report - May 2024 [Fire]- 8:53 PM Accepted for filing.
3F. Approve Revised Animal Shelter Service Agreement with City of San Bernardino [Fire]- 8:53 PM
Approved revised Animal Shelter Service Agreement with the City of San Bernardino. 3G. Accept Grant Donation of Electrocardiograms (ECG) [Fire]- 8:53 PM Accepted grant donation by San Manual Band of Mission Indians. 3H. Council Bill #R-2024-21 - A Resolution to Add Canyon Ranch Annexation Area (Annexation Area 70; LAFCO 3259) to Council District 4 [Administration]- 8:53 PM Adopted R-2024-21.

RESOLUTION NO. 3223

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, DECLARING THAT ANNEXED TERRITORY IS ADDED TO COUNCIL DISTRICT 4
3I. Notice of Completion - Upgrade of the Audio and Visual Equipment in the Council Chambers8:53 PM Accepted this project as substantially complete and authorized the City Clerk to file the Notice of Completion.
3J. Agreement for Professional Services with Romo Planning Group [Community Development]- 8:53 PM
Approved Agreement with Romo Planning Group to prepare Environmental review documents for Precise Plan of Design No. P23-180 Loma Linda University Building Pediatric Medical Office Building; and authorized funds to be deposited as pass-through fee in the amount of $69,500 with a 10% contingency fee.
3K. Approve Agreement with Synoptek to Provide Managed Services [Information Systems]- 8:53 PM
Awarded contract for Managed Information System services to Synoptek for $97,126.68.

4. Old Business
No scheduled items.

5. New Business
5A. Develop a Revenue Generating Committee [Councilwoman Spencer-Hwang]- 8:54 PM Councilmember Spencer-Hwang requested to place this item on the agenda to discuss developing a revenue-generating committee, 7-9 members, appointed by the Council, with the task to develop a proposal strategically identifying resources to generate revenue, attracting new businesses and enhancing existing businesses while maintaining a focus on the City's identity as a Blue Zone city as well as the City's motto of Health and Prosperity. She suggested networking and finding interested members from other cities or businesses having the same health and wellness component in their operations. She noted there is interest from the Randall Lewis Foundation for Center for Innovation and Entrepreneurship from Claremont McKenna College that can offer assistance. She stated that she could reach out to other cities with revenue-generating committees and inquire about their successes.

Mayor Dupper supports this idea, especially given the City’s financial challenges. He suggested partnering with the Chamber of Commerce and business leaders, as well as capitalizing on resources offered at conferences.

Mayor pro tempore Dailey noted the importance of identifying members who have the expertise and knowledge and who can fully contribute.

Councilmember Popescu stated that, although a Committee would help guide the Council, he believed this would require a professional firm that would prepare a city business plan, would have the expertise to work with developers and business owners, and could accomplish the goals set forth.

It was the consensus to place on the agenda for continued discussion and action.

6. Reports
6A. Reports of Council Members- 9:05 PM
Councilmember Popescu stated that invited by ESRI to join the Sr. Executive Summitt on July 14, 2024, in San Diego. He noted that even though the City has a contract with ESRI, they have several services on how to improve operations; address homelessness; and apply for grants. He noted that they have massive data that the City can take advantage of. He will report back. He thanked staff for working with the applicant on the Park Street project.

Mayor pro tempore Dailey reported weeds growing in the median on Mt. View Ave. 6B. Reports Of Officers- 9:07 PM

7. Adjournment
The meeting adjourned at 9:08 pm. to the regular meeting of June 25, 2024.

City of Loma Linda
Regular City Council Staff Report
Approval of Minutes June 20 & 25, 2024 [City Clerk]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3C
To
City Council
From
Lynette Arreola, City Clerk
Attachments
Special City Council 06-20-24 Draft Minutes.pdf
Regular City Council-06-25-2024-minutesDraft.pdf
Approval of Minutes for Special and Regular City Council held on June 20 & 25, 2024

1. Call to Order
1A. Call to Order- 6:00 PM
1B. Roll Call- 6:00 PM
Council Member Rhodes Rigsby was absent; Council Member Spencer-Hwang was participating via Zoom; all other Members were present.

Staff Present
T. Jarb Thaipejr, City Manager
Diane Robbins, City Attorney via Zoom
Lynette Arreola, City Clerk
Andrew Sanchez, Customer Support Technician
1C. Invocation and Pledge of Allegiance- 6:00 PM
The Invocation and Pledge of Allegiance were led by Mayor pro tempore Dailey. 1D. 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)- 6:02 PM ** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the Special City Council Meeting
25541 Barton Road, Loma Linda, CA 92354
June 20, 2024, 6:00 PM - June 20, 2024, 6:05 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Ovidiu Popescu, Councilmember
Rhonda Spencer-Hwang, CouncilMember via Zoom

Absent:

Rhodes Rigsby, Councilmember
No oral reports upon invitation by the Mayor.
1E. Conflict of Interest Disclosure- 6:02 PM
No conflicts of interest were noted.

2. Scheduled and Related Items
2A. JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY - Adopting Resolutions Authorizing Continued Expenditures Under the Prior Year's Budget- 6:02 PM Public Hearing was opened at 6:03 PM and closed at 6:03 PM The Joint Meeting of the City Council and Housing Authority was called to order by the Mayor.

City Manager Thaipejr stated that, since the Fiscal Year 2024-2025 Budget will not be approved by the end of the fiscal year, the City requested the Council to adopt a Continuing Resolution authorizing continued expenditures under the prior year's budget as noted in the report.

Motion by Ronald Dailey, seconded Ovidiu Popescu, and passing by a vote of 4-0-0-1, Absent was Rhodes Rigsby
to Adopt Council Bill #R-2024-25, RESOLUTION NO. 3224, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, CONTINUING THE CURRENT BUDGET FOR FISCAL YEAR 2023-2024; and Loma Linda Housing Authority Bill #R-2024-02, RESOLUTION NO. 54, A RESOLUTION OF THE LOMA LINDA HOUSING AUTHORITY OF THE CITY OF LOMA LINDA, CALIFORNIA, CONTINUING THE CURRENT BUDGET FOR FISCAL YEAR 2023-2024.

3. Consent Calendar
Motion by Ronald Dailey, seconded Ovidiu Popescu, and passing by a vote of 4-0-0-1, Absent was Rhodes Rigsby
to Approve the Consent Calendar as submitted.
3A. Demands Register - June 20, 2024- 6:04 PM
Approved the Demands Registers dated June 20, 2024, with commercial demands totaling $985,208.49; and Payroll dated June 20, 2024, totaling $435,751.62. 3B. Approve an Agreement with Norman A. Traub & Associates LLC for Profession Workplace Services Including Investigations [City Attorney]- 6:04 PM Approved Agreement with Norman A. Traub & Associates LLC as recommended.

4. Reports
4A. Reports of Council Members- 6:05 PM
No reports.
4B. Reports Of Officers- 6:05 PM
City Manager Thaipejr noted that the June 25, 2024, meeting will be adjourned to the July 9, 2024, meeting due to a lack of quorum of Council Members who can participate from locations within the City's jurisdiction as required under the Brown Act.

5. Adjournment
The Special Meeting adjourned at 6:05 pm. to the Regular Meeting of June 25, 2024.

1. Call to Order
1A. Call to Order- 7:00 PM
It was determined that the meeting of June 25, 2024, could not be held as there would not be a quorum of Council Members who could participate from locations within the City's jurisdiction as required under the Brown Act; therefore, the items on the agenda were continued to July 9, 2024. 1B. Roll Call- 7:00 PM
City Staff Present:

Lynette Arreola, City Clerk
The City Clerk called the meeting to order at 7:00 pm in the absence of any City Council.

Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 1C. Closed Session/Workshop- 7:00 PM
1D. Invocation and Pledge of Allegiance - Mayor Dupper- 7:00 PM 1E. Items to be Added or Deleted- 7:00 PM
None.
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)- 7:00 PM 1G. Conflict of Interest Disclosure- 7:00 PM

2. Scheduled and Related Items
2A. JOINT MEETING OF THE LOMA LINDA CITY COUNCIL AND HOUSING AUTHORITY REGARDING THE FISCAL YEAR 2024-25 BUDGET - Budget Committee's Recommendations - 7:00 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
June 25, 2024, 7:00 PM - June 25, 2024, 7:01 PM
Roll Call: (The following members were in Absent)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Ovidiu Popescu, Councilmember
Rhodes Rigsby, Councilmember
Rhonda Spencer-Hwang, Councilmember
Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2B. Presentation of Proposed FY 2024-2025 Budget [Finance]- 7:00 PM Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2C. Five-Year Capital Improvement Program (CIP) [Public Works]- 7:00 PM Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2D. Council Bill #R-2024-18 - A Resolution to Approve the Fiscal Year 2024-2025 Adjusted Appropriations Limit [Finance]- 7:00 PM
Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2E. Investment Policy- 7:00 PM
Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2F. Citizen Option for Public Safety (COPS) Grant Expenditure Plan- 7:00 PM Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2G. Council Bill #R-2024-20 - Adopt Resolution to approve the Wildland Fire Protection Contract #3CA06327 between the California Department of Forestry and Fire Protection (CAL FIRE) and the City of Loma Linda for Fiscal Year 2024-2025 and authorize the Mayor or Mayor pro tempore to sign the contract pursuant to Government Code 40601- 7:00 PM Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2H. Loma Linda Fire Department Radio Contract- 7:00 PM
Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2I. Council Bill #R-2024-19 - A Resolution to Approve the 2024-2025 Fiscal Year Budget- 7:00 PM Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting. 2J. Loma Linda Housing Authority Bill #R-2024-01 - A Resolution to Approve the Loma Linda Housing Authority 2024-2025 Fiscal Year Budget- 7:00 PM Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting.

3. Consent Calendar

4. Old Business
4A. Council Bill #O-2024-04 - Second Hearing - 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.- 7:00 PM
Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting.

5. New Business

6. Reports
6A. Reports of Council Members- 7:00 PM
6B. Reports Of Officers- 7:00 PM

7. Adjournment
Due to a lack of quorum, the City Clerk adjourned the meeting at 7:01 pm to the July 9, 2024, meeting.

City of Loma Linda
Regular City Council Staff Report
Treasurer's Report - June 2024 [Finance]
Meeting
Tuesday, July 9, 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
June 24 TREAS REPORT.pdf

DEMAND DEPOSIT ACCOUNTS

CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 1,576,585.72 Outstanding Checks as of month-end (363,107.67)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 1,213,478.05 $ BANK OF AMERICA - PAYROLL $ 18,149.72
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 281,302.95 Outstanding Checks as of month-end (3.45)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 281,299.50 $ 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 $ 1,533,820.17
YIELD

LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 4.272% * 56,206,192.85 $
CITY - Former RDA Bond Proceeds 4.272% * 429,536.54
CITY -Total 56,635,729.39
SUCCESSOR RDA 4.272% * 3,954,841.47
HOUSING AUTHORITY 4.272% * 1,378,415.70
INVESTMENTS TOTALS $ 61,968,986.56

OTHER CASH

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

CASH AND INVESTMENTS - GRAND TOTAL 63,504,656.73
PREVIOUS MONTH 62,430,078.79
CHANGE +/(-) $ 1,074,577.94
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
*LAIF effective Yield is for May, 2024 as June effective yield was unavailable at the time of this report.

June 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 6/23 7/23 8/23 9/23 10/23 11/23 12/23 1/24 2/24 3/24 4/24 5/24 6/24

CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 06/23-06/24

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 - June 2024 [Fire]
Meeting
Tuesday, July 9, 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
June 2024 Fire Activity Report.pdf
1 of 1
SUBJECT: June 2024 Fire Department Activity Report
Operations Division:

The Fire Department’s Operations Division responded to 424 incidents in June 2024. There were 29 calls/incidents given or received in Mutual/Automatic Aid. The alarm types are broken down as follows:

Fire & Rescue Month YTD
Medical Aid (MA) 294 69.3% 1738 70.8%
Traffic Collision (TC) 6 1.4% 82 3.3%
MA + TC 300 70.8% 1820 74.2%
Hazardous Conditions 1 2.40% 16 0.70%
Hazardous Material 0 0.40% 7 0.40%
Public Assistance 29 6.90% 112 5.50%
Rescue 1 0.90% 7 0.60%
Structure Fire 4 2.10% 17 1.00%
Cooking 1 0.00% 2 0.10%
Vegetation Fire 8 0.40% 9 0.70%
Vehicle Fire 0 0.00% 5 0.10%
Refuse Fire 4 1.10% 52 1.40%
All Fires 17 3.60% 85 3.30%
Good Intent/Dispatched
& Cancelled Enroute 29 6.8% 183 7.5%
Fire Alarm Activation* 18 4.2% 96 3.9%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.

City of Loma Linda
Regular City Council Staff Report
Subject to the Adoption of Council Bill #R-2024-26, Award contract to Communications & Media management Consultants for Communications and Community Outreach Services Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3F
To
City Council
From
Sonia Fabela, Finance Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

Award contract to Communications & Media Management Consultants for Communications and Community Outreach Services.

BACKGROUND:

On March 13, City Council, City staff, members of the Planning Commission, Budget Committee and members of the community gathered to discuss possible revenue-generating ideas. At the April 23, 2024 council meeting, staff was given direction by City Council to seek proposals from qualified research firms and select one that could assist the city with professional survey research. The goal of this process was to acquire information from citizens as to their view and opinion on the state of the City. Upon receiving survey results, City staff has recognized the growing importance of community engagement in achieving the City’s goals. Effective community engagement not only improves our public image but also fosters trust and collaboration, crucial for long-term success in our initiatives.

ANALYSIS:

Recognizing the need for community engagement and recognizing the lack of staff or expertize in carrying out such a task, City staff sent out three requests for proposals.  Of the three requests, two companies replied with regret as they are fully committed and not taking new clients.  The third company, CMMC, submitted a proposal in the amount of $24,900 that is within the City Manager’s approving authority. The proposal not only satisfies but also exceeds the criteria set forth by staff in the request for proposal for the planning, development, and implementation of internal and external city communication strategies and public relations activities. CMMC worked with the City of Ontario and were also highly recommended by the City of Chino.  Both cities had successful revenue measures recently approved by voters.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

A supplemental appropriation from General Fund fund balance is requested for approval in the amount of $24,900 into General Government Professional Services Account #0011940-51820.

Attachments
Communications & Media Management Consultants Agreement.pdf 1 CITY OF LOMA LINDA

AGREEMENT FOR CONSULTANT SERVICES

COMMUNICATIONS AND COMMUNITY OUTREACH
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Loma Linda, a municipal corporation ("City") and Communications & Media Management Consultants, 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 July 9, 2024 and shall remain and continue in effect until November 30, 2024, unless otherwise terminated pursuant to the provisions of this Agreement. The City and Consultant may extend the Agreement for three additional two-year periods 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 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 2 by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
(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
3 (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 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 4 representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and 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. 5 (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 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.
6 (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 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
7 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 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: T. Jarb Thaipejr, City Manager
City of Loma Linda
25541 Barton Rd.

Loma Linda, CA 92354
To Consultant: Communications & Media Management
Consultants
27943 Seco Canyon Road, 113
Santa Clarita, CA 91350
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. 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT: Communications & Media CITY: City of Loma Linda Media Management Consultants
By: By:

Signature Signature
Name: Thomas R. Lorenz Name: T. Jarb Thaipejr
Typed/Printed Typed/Printed
Title: Partner Title: City Manager
ATTEST:

Lynette Arreola, City Clerk

APPROVED AS TO FORM:

Diane Robbins, City Attorney
14 EXHIBIT A
The City of Loma Linda is interested in receiving proposals for professional services to assist City staff in the planning, development, and implementation of internal and external city communication strategies and public relations activities. A proposal is being requested by Friday, June 14, 2024.

Scope of Work: Communications and Community Outreach for the City of Loma Linda

1. Introduction: The City of Loma Linda aims to enhance community involvement and collaboration in decision-making processes. To achieve this goal, the city seeks the services of a communications and community outreach company to facilitate meaningful dialogue, gather feedback, and foster community participation in various initiatives and projects.

2. Objectives: The primary objectives of this engagement are to:
 Foster a sense of community ownership and participation in municipal affairs.  Solicit diverse perspectives and input from residents, businesses, and stakeholders.
 Improve transparency and communication between the city government and the community.
 Build trust and strengthen relationships between the city and its residents.

3. Services Required: The communications and community outreach company will provide the following services:
 Develop a comprehensive community engagement strategy tailored to the specific needs and objectives of the City of Loma Linda.  Review research data and compile reports to enage key stakeholders, community groups, organizations, and individuals for outreach and involvement.  Organize and facilitate public meetings, workshops, focus groups, and other events to gather input on city projects, policies, and initiatives.  Provide and utilize a variety of engagement methods, including online surveys, social media campaigns, City’s website, and interactive tools to reach a broad spectrum of community members.
 Assist in the creation of informational materials, such as newsletters, flyers, and website content, to communicate city initiatives and updates to the public.  Provide training and support to city staff and officials on effective community engagement practices and techniques.
 Analyze feedback received from the community to generate actionable insights and recommendations for decision-making.
 Regularly report on the progress and outcomes of community engagement efforts to city leadership and stakeholders.

4. Deliverables: The communications and community outreach company will deliver the following:
15  Schedule of planned engagement activities, including dates, locations, and formats.
 Production and management of content for print or electronic publications for all City departments.
 Writing and design of informational mailings, fact sheets and collateral materials.  Final report summarizing the overall outcomes of the engagement process, including recommendations for future engagement activities and areas for improvement.

5. Timeline: The engagement process will commence upon the signing of the contract and will be completed by November 30, 2024, with regular updates provided to the City of Loma Linda throughout the duration of the project.

6. Budget: The total budget for this project is no more than $25,000, inclusive of all services, materials, and expenses. The budget will be allocated based on the scope of work and deliverables outlined in this document.

7. Evaluation: The success of the community engagement efforts will be evaluated based on predefined metrics, including participation rates, diversity of input, satisfaction levels, and the extent to which community feedback influences decision-making processes.
16 EXHIBIT B
17 City of Loma Linda
Regular City Council Staff Report
Agreement Amendment with TKE Engineering, Inc. for Consulting Services with TKE Engineering, Inc. [Administration]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3G
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the Mayor and City Council approve the First Amendment to City of  Loma Linda Agreement  for Consultant Services with TKE, Engineering, Inc. for City-related services as well as approve a supplemental appropriation in the amount of $21,500 from General Fund reserves.

BACKGROUND:

The City and Consultant previously entered into an original City of Loma Linda Agreement for Consultant Services dated May 14, 2024 (the “Original Agreement”) for delivery of services during the period of July 1, 2023 through June 30, 2024 (the “Term”). Pursuant to the Original Agreement, during the Term the Consultant was tasked with providing a wide-variety of development services to the City (the “Consultant Services”), as more particularly described within Exhibit “A” to the Original Agreement, on an as needed, time and materials basis subject to a financial allocation of $11,000.

The purpose of the First Amendment to City of Loma Linda Agreement for Consulting Services (the “First Amended Agreement”), is to authorize an extension of the Term though June 30, 2025 and a supplemental financial allocation of $24,500 to fund the costs of Consultant Services that the City may require during the period of July 1, 2024 through June 30, 2025.  Consultant has satisfactorily provided the requested Consultant Services to the City and it is projected that additional substantially similar services are required for an additional year.

ANALYSIS:

None.

ENVIRONMENTAL IMPACT:

The First Amended Agreement provides that TKE will carry out the Scope of Services (as described within Exhibit “A” to the Original Agreement) that the City may require during the period of July 1, 2024 through June 30, 2025 subject to a supplemental appropriation from fund balance in the amount of $21,500 into account 0011940-51820. $3,000 was included in the fiscal year 2024-2025 budget in the Water Fund for the preparation of the water bond continuing disclosure report.

FINANCIAL IMPACT:

Funding for the Consultant Services is available in account no. 0011940-51820.

Attachments
City 1st Amendment Agreement for Consultant Services Wtih TKE for CITY Services v1.pdf -1-

FIRST AMENDMENT TO

CITY OF LOMA LINDA

AGREEMENT FOR CONSULTANT SERVICES

THIS FIRST AMENDMENT TO CITY OF LOMA LINDA AGREEMENT FOR CONSUTANT SERVICES (the “First Amended Agreement”) is made as of the 9 th day of July
2024, by and between the City of Loma Linda, a California municipal corporation (the "City"), and TKE Engineering, Inc., a California corporation (the "Consultant"). Collectively, City and Consultant are referred to herein as the “Parties”.

WITNESSETH THAT:

WHEREAS, City and Consultant previously entered into an original City of Loma Linda Agreement for Consultant Services dated May 14, 2024 (the “Original Agreement”) for the delivery of services during the period of July 1, 2023 through June 30, 2024 (the “Term”); and WHEREAS, pursuant to the Original Agreement, during the Term the Consultant was tasked with providing a wide-variety of development services to the City (the “Consultant Services”), as more particularly described within Exhibit “A” to the Original Agreement, on an as needed, time and materials basis subject to a financial allocation of $11,000; and WHEREAS, the purpose of this First Amendment, is to authorize an extension to the Term through June 30, 2025 and a supplemental financial allocation of $24,500 to fund the costs of Consultant Services that the City may require during the period of July 1, 2024 through June 30, 2025; and
WHEREAS, Consultant has satisfactorily provided the requested Consultant Services to the City and it is projected that additional substantially similar services are required for an additional year; and
WHEREAS, it now becomes necessary to amend the Original Agreement, as described herein, and the Parties are desirous of such amendment.

NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties amend the Original Agreement, as follows:

1. Section 1, TERM, is amended in its entirety as follows:
“This Agreement shall commence on the Effective Date shall remain and continue in effect through June 30, 2025 (“Term”), unless sooner terminated pursuant to the provisions of this Agreement.”

2. Section 5 (a), PAYMENT; is amended in its entirety as follows:
“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, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed ElevenThousand Dollars ($11,000.00) for the total Term of this Agreement unless additional payment is approved as provided in this Agreement. Further, for Consultant Services applicable to the portion of the Term in connection with the -2-
period of July 1, 2024 through June 30, 2025, the sum of the payments made to Consultant shall not to exceed a total of Twenty-Four Thousand Five-Hundred Dollars ($24,500).

3. All remaining provisions of the Original Agreement, shall remain the same.

IN WITNESS WHEREOF, the City and Consultant have approved this First Amended Agreement effective the day and year first above written.

CITY: CONSULTANT:

City of Loma Linda TKE Engineering, Inc.,
By: By:

Phillip Dupper, Mayor Michael Thornton, President
By:

Steven H. Dukett, Managing Director
ATTEST
By:

Lynette Arreola, City Clerk
City of Loma Linda
Regular City Council Staff Report
Agreement with the San Bernardino County Auditor-Controller/Treasurer/Tax Collector for Fiscal Year 2024-25 [Administration]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3H
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council approve the execution of the Agreement with the San Bernardino County Auditor-Controller/Treasurer/Tax Collector for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2024-25 and authorize the City Manager to sign the Agreement.

BACKGROUND:

The City submits requests for special collection of taxes, fees, and assessments on the tax rolls for Landscape Maintenance Assessments, Street Light Assessments, Nuisance Abatement Liens and Weed Abatement Liens to the San Bernardino County Auditor-Controller/Treasurer/Tax Collector. The City is required to provide legal supporting documentation to the County that proves conformity with Proposition 218 and other applicable laws that allow the placing of fees on the tax bills.

ANALYSIS:

The agreement must be approved and executed annually.

ENVIRONMENTAL IMPACT:

None.

FINANCIAL IMPACT:

No Financial Impact.

Attachments
Agr SB CO Tax Collector 2024-25.pdf

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

AGREEMENT FOR COLLECTION OF SPECIAL

TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2024-25
THIS AGREEMENT is made and entered into this __ day of _______ , 2024, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the ____________ _, hereinafter referred to as "City".

WITNESSETH:

WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any city, school district, special district, zone or improvement district thereof; and WHEREAS, the City and County have determined that it is in the public interest that the County, when requested by City, collect on the County tax rolls the special taxes, fees, and assessments for City.

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

1. County agrees, when requested by City as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of City, and of each zone or improvement district thereof.

2. When County is to collect City's special taxes, fees, and assessments, City agrees to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4rn floor, San Bernardino, CA 92415) of the County on or before the 10111 day of August of each fiscal year of the Assessor's parcel numbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the AuditorController by said date.

3. County may charge City an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the City, not to exceed County's actual cost of collection.

4. City warrants that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).

5. City hereby releases and forever discharges County and its officers, agents, and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of City's responsibility under this 1 of 3
AGGY __
9th July
City of Loma Linda

City of Loma Linda
T. Jarb Thaipejr
City Manager
July 10, 2024
City of Loma Linda
Regular City Council Staff Report
Extension of Annual City Service Contracts for Fiscal Year 2024-25 [Public Works] Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3I
To
City Council
From
Julia Loeffert, Executive Assistant
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that City Council approve one-year contract extensions from July 1, 2024 to June 30, 2025 to:
1) Kellermeyer Bergensons Services, LLC – Janitorial Services for all city buildings; 2) Adopt-A-Highway – Maintenance of hardscape at the On- and Off-ramps at 1-10 Fwy at Mt. View Ave.; 3) Willdan Financial Services – District Administrative Services for the Landscape Maintenance Districts (LMD) and Street Light Districts (SLD) assessment areas; 4) Facilities Protection Systems, Inc. – Fire Protection System Monitoring and Preventative Maintenance for all city buildings; 5) Lloyd Pest Control – Rodent Abatement at City Hall and all city parks; 6) Loma Linda Heat & Air – HVAC Maintenance Service for all city office buildings; 7) St. Francis Electric – Traffic Signal Maintenance citywide; 8) SCA (Sweeping Corp of America) – Street Sweeping Contract; and 9) McCrometer – Sewer flow monitoring.

BACKGROUND:

All the service contracts renewals are for maintenance of city buildings, public facilities and infrastructure. The City of Loma Linda has maintained a professional working relationship with each contractor and have been very satisfied with services provided.  They have provided commendable service.

ANALYSIS:

The City of Loma Linda recommends renewing all contracts for one year for Fiscal Year 2024-25, as specified.

Requests for service rate increases have been according to the appropriate CPI adjustments per the service agreements and are acceptable to the City.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for these services is as follows:

1. Kellermeyer Bergensons Services, LLC:
a. $101,200: 0013030, 0013200, 0013400, 0014200, 0014400, 0015500, 4053500, 4657000, -51830 (Janitorial Services for City buildings)
b. $18,000: 0013400-51830 (Community Room rental cleaning – pass thru cost)

2. Adopt-a-Highway:
a. $13,200 - 0013200-51830 (Cleaning and weeding hardscape at I-10 Fwy Mt. View Ave. ramps)

3. Willdan Financial Services:
a. $10,500 - 1715200-51820 (District Administrative services for the LMD areas.) b. $9,600 - 1725100-51820 (District Administrative services for the SLD areas.)

4. Facilities Protection Systems:
a. $33,500 – 0012110-51310, 0013200, 0013400, 0014200, 0014400, 0015500, 4053500, 4657000, 4657010, 4657020, 4657030, and 4405900, -51830.

5. Lloyd Pest Control:
a. $18,900 - 0014200-51830 and 0013400-51830 (City Parks & City Hall)

6. Loma Linda Heat & Air:
a. $16,800: 0012110, 0013030, 0013200, 0013400, 0014200, 0014400, 0015500, 4053500, 4657010, 4405900 -51830 (City buildings)

7. St. Frances Electric:
a. $22,860 - 0013030 and 1725100-51830 (City Traffic Signals) b. $40,000 – 0013030 and 1725100-51300 (City Traffic Signal Misc. Repairs)

8. SCA (Sweeping Corp of America):
a. $75,400 – 0013200 and 1105365-51830 Street Sweeping Contract

9. McCrometer:
a. $14,100 – 4053500-51830 Sewer flow monitoring
City of Loma Linda
Regular City Council Staff Report
Extension of Annual Service Contracts for Fire Department for Fiscal Year 2024-25 [Fire] Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3J
To
City Council
From
Nataly Alvizar, Executive Aide
Via
Dan Harker, Fire Chief
RECOMMENDATION:

It is recommended that City Council approve one-year contract extensions from July 1, 2024 to June 30, 2025 to: 1) City of San Bernardino – Hearing review services; 2) Comcate Software, Inc. – Animal Control Licensing Datebase.; 3) Dennis Grunn & Associates a Willdan Engineering Company – Fire Prevention Plan Check/Inspection Services; 4) ESRI, Inc. – ArcGIS online viewer annual subscription; 5) HRE, LLC – Performance Management Software; 6) Lexipol, LLC – Standard Operation Procedures (Software); 7) Orkin Services of California – Pest Control Services for Station 251 and 252; 8) Phoenix Group Information Systems – Code and Animal Control citation collection, Parking Permit management, and delinquent parking recovery program; 9) Phong Nguyen, MD – Medical Director EMS Services; 10) Roadpost – Satellite service; 11) US Tronics – Satellite phone service; 12) Wittman Enterprises, LLC. – Medical billing services; 13) CONFIRE – JPA Dispatch/CAD/Geofile/800Mhz Services BACKGROUND:

All the service contract renewals are for everyday services and maintenance of city buildings. The City of Loma Linda has maintained a professional working relationship with each contractor and has been very satisfied with the services provided. Each contractor has consistently delivered commendable service.

ANALYSIS:

The City of Loma Linda recommends renewing all contracts for one year for Fiscal Year 2024-25, as specified. Any requested service rate increases have been made in accordance with the appropriate CPI adjustments per the service agreements and are acceptable to the City.

FINANCIAL IMPACT:

Funding for these services is as follows:

1. City of San Bernardino:
a. $500: 0012060-51820

2. Comcate Software, Inc.:
a. $2,600: 0012050-51830

3. Dennis Grubb & Associates a Willdan Engineering Co.:
a. $26,000 – 0012070-51830

4. ESRI, Inc.:
a. $2,000 – 0012110-51830

5. HRE, LLC.:
a. $2,000 - 0012110-51310

6. Lexipol:
a. $2,200 – 02110-51830

7. Orkin Services of California:
a. $3,600- 0012110-51830 and 0012130-51830

8. Phoenix Group Information Systems:
a. $12,000 – 0012060-51830
b. $1,800 – 0012050-51830
c. $15,000 – 0012060-51830

9. Phong Nguyen, MD:
a. $10,000 – 0012110-51820

10. Roadpost USA, Inc. Sweeping Corp of America):
a. $8,100 – 0012130-51110

11. US Tronics:
a. $2,700 – 0012130-51110

12. Wittman Enterprises, LLC.:
a. $14,000 – 0012110-51830

13. CONFIRE – JPA
a. $351,300 – 0012110-51830, 05-3500 and 65-7020
City of Loma Linda
Regular City Council Staff Report
Award Contract to GCI Construction, Inc., for Installation of Pre-Packed Sewer Pump Station at 25876 Juanita Street (CIP 21-511) [Public Works]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3K
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council award the contract for the pre-package sewer lift station installation at the end of Juanita Street to GCI Construction, Inc., of San Clemente, CA, for an amount of $235,600.00, also award a contract for construction staking to Joseph E. Bonadiman & Associates, Inc. of San Bernardino, CA in an amount not to exceed $5,000 and approve a contingency amount of $23,600.00.

BACKGROUND:

The City is in the process of updating and replacing the existing sewer lift station at the easterly end of Juanita Street. The general site work and design is complete and the City has received the pre-package complete station.

ANALYSIS:

Five (5) bids were received and publicly opened on June 4, 2024. Bids ranged from a low of $235,600.00 to a high of $455,894.00 (see attached bid summary). The low bidder, GCI Construction, Inc., of San Clemente, CA, has been checked for references and found to be satisfactory. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate.  This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Additionally, this is a very favorable bid, therefore, staff recommends an allocation of ±10% of the construction amount ($23,600.00) for a contingency allocation.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding is available in Account No. 4173510-58250, Sewer Capital (150,000.00) and Account No. 4053500-58250, Sewer Fund (115,000.00).

Attachments
Bid R lt I t ll S Lift St ti 2024 df
Bid Results - Install Sewer Lift Station 2024.pdf
Sewer Lift Station Install Agreement.pdf
INSTALLATION OF PRE-PACKAGED SEWER PUMP STATION AT 25876 JUANITA ST Bid opening June 4, 2024 (CIP 21-511)

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Install lift station L.S. 1 $150,000.00 $150,000.00 $130,000.00 $130,000.00 2 Install sewer manhole EA. 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 3 Install 4" PVC pipe L.F. 54 $400.00 $21,600.00 $300.00 $16,200.00 4 Install 8" VCP pipe L.F. 4 $1,200.00 $4,800.00 $1,000.00 $4,000.00 5 Install 4" gate valve EA. 2 $3,600.00 $7,200.00 $3,000.00 $6,000.00 6 Install 6' wall L.F. 70 $800.00 $56,000.00 $500.00 $35,000.00 7 Install 6' wroough iron gate EA. 1 $15,000.00 $15,000.00 $11,000.00 $11,000.00 8 Install 6" PCC pad S.F. 134 $75.00 $10,050.00 $100.00 $13,400.00 Total $284,650.00 $235,600.00

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Install lift station L.S. 1 $155,281.00 $155,281.00 $222,102.00 $222,102.00 2 Install sewer manhole EA. 1 $20,491.00 $20,491.00 $15,000.00 $15,000.00 3 Install 4" PVC pipe L.F. 54 $425.00 $22,950.00 $197.00 $10,638.00 4 Install 8" VCP pipe L.F. 4 $1,473.00 $5,892.00 $560.00 $2,240.00 5 Install 4" gate valve EA. 2 $3,669.00 $7,338.00 $3,700.00 $7,400.00 6 Install 6' wall L.F. 70 $897.00 $62,790.00 $642.00 $44,940.00 7 Install 6' wroough iron gate EA. 1 $7,909.00 $7,909.00 $5,000.00 $5,000.00 8 Install 6" PCC pad S.F. 134 $54.00 $7,236.00 $20.00 $2,680.00 Total $289,887.00 $310,000.00
Engineer's Estimate GCI Const. Inc
TE Roberts Inc Cora Constructors Inc

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Install lift station L.S. 1 $226,900.00 $226,900.00 $282,700.00 $282,700.00 2 Install sewer manhole EA. 1 $20,880.00 $20,880.00 $33,000.00 $33,000.00 3 Install 4" PVC pipe L.F. 54 $218.00 $11,772.00 $371.00 $20,034.00 4 Install 8" VCP pipe L.F. 4 $1,563.00 $6,252.00 $3,630.00 $14,520.00 5 Install 4" gate valve EA. 2 $4,350.00 $8,700.00 $7,205.00 $14,410.00 6 Install 6' wall L.F. 70 $857.00 $59,990.00 $1,007.00 $70,490.00 7 Install 6' wroough iron gate EA. 1 $15,000.00 $15,000.00 $9,350.00 $9,350.00 8 Install 6" PCC pad S.F. 134 $57.00 $7,638.00 $85.00 $11,390.00 Total $357,132.00 $455,894.00
Pyramid Bldg & Eng. Inc Genesis Const.
1 AGREEMENT
THIS AGREEMENT, made and entered into this day of, ____________ 2024, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and , hereinafter called CONTRACTOR.

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

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

INSTALLATION OF PRE-PACKAGED SEWER PUMP STATION AT 25876 JUANITA STREET, LOMA LINDA (CIP 21-511)
In accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefore, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.

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

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

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

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

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

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

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

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

INSTALLATION OF PRE-PACKAGED SEWER PUMP STATION AT 25876 JUANITA

STREET, LOMA LINDA
NOW THEREFORE, if said Contractor shall perform all the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

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

SIGNED AND SEALED, this day of , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
4 LABOR AND MATERIAL BOND

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

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

INSTALLATION OF PRE-PACKAGED SEWER PUMP STATION AT 25876 JUANITA

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

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

SIGNED AND SEALED, this day of , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
5 WORKER’S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following as required by the California Labor Code, Sections 1860 and 1861:

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

Date:

Contractor
By:

Signature

Title
Attest:

By:

Signature

Title
City of Loma Linda
Regular City Council Staff Report
Award a Contract to Orozco Landscape and Tree Company for Landscape Maintenance District Area B [Public Works]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3L
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council award the contract for the maintenance of Landscape Maintenance District Area B for FY 24/25 Orozco Landscape and Tree Company in the amount of $322,569.24.

BACKGROUND:

The existing contract, with all extensions, will expire at the end of June 2024. Staff prepared a bid proposal and specifications that reflect the current conditions, regulations and needs of the City. This is an annual contract with 2 one-year extension options to begin July 1, 2024. A mandatory pre-bid job walk was conducted May 14, 2024.

ANALYSIS:

Only one bid, from Orozco Landscape and Tree Company of Pomona, was received and publicly opened on May 28, 2024. The proposed cost of $322,569.24 is in line with recent costs for this type of work. Staff has reviewed their bid submittal, contractor’s license and checked references and is confident that Orozco Landscape and Tree Company can perform the work.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for this service will be available in the FY 24/25 annual budget Account No. 1715200-51830.

Attachments
LMD Agreement.pdf
1 AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2024, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and , hereinafter called CONTRACTOR.

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

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

MAINTENANCE OF THE LANDSCAPE MAINTENANCE DISTRICT AND ANNEXATIONS CONTRACT “B”
In accordance with the Specifications and Drawings therefor, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefor, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.

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

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

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

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

BY: _________________________________________ SEAL
City Clerk
_______________________________________
Contractor
BY: ___________________________________
(Signature)
_______________________________________
(Title)
ATTEST:

BY: ___________________________________
(Signature)
_______________________________________
(Title)
3 LABOR AND MATERIAL BOND

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

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

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

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

SIGNED AND SEALED, this day of , 2024.
(SEAL) (SEALS)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
4 WORKER’S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following as required by the California Labor Code, Sections 1860 and 1861:

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

Date:

Contractor
By:

Signature

Title
Attest:

By:

Signature

Title
City of Loma Linda
Regular City Council Staff Report
Award Contract to Crimson Marie Company for the Construction of Concrete "V" Ditch at Richardson Street (CIP 24-413) [Public Works]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3M
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council award a contract for vee-swale installation along Richardson Street north of Redlands Boulevard to Crimson Marie Company of Phelan, CA in the amount of $54,800.00; also, award a contract for construction staking to Goodman & Associates, Inc. of Colton, CA in an amount not to exceed $1,700; and finally, authorize a contingency allocation of $5,500. City staff will provide inspection and project management.

BACKGROUND:

This project is included in the approved Capital Improvement Program listed in the annual budget. Generally, this is drainage improvements along the east side of Richardson Street from Redlands Boulevard to the foot of the Richardson Street/I-10 overpass. The project is intended to relieve flooding issues during periods of heavy rain.

ANALYSIS:

Two (2) bids were received and publicly opened on June 18, 2024. The bids were $54,800.00 and $180,000.00 (see attached bid summary). The low bidder, Crimson Marie Company of Phelan, CA, has been checked for references and found to be satisfactory. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate.  This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project, therefore, staff recommends an allocation of ±10% of the construction amount ($5,500.00) for a contingency allocation.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding is available in Account No. 3095350-582430.

Attachments
Bid Results - Concrete V Ditch.pdf
Vee Swale Install Agreement.pdf
Construction of Concrete "V" Swale at Richardson St.

Bid Opening June 18, 2024 (CIP 24-413)

ITEM UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Mobilization LS 1 10,000.00 10,000.00 10,000.00 10,000.00 20,000.00 20,000.00 2 Concrete V ditch LF 400 95.00 38,000.00 112.00 44,800.00 400.00 160,000.00 TOTAL $48,000.00 $54,800.00 $180,000.00
City of Loma Linda
Engineering Estimate Crimson Marie Co. We R Builders, Inc.

1 AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2024, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and , hereinafter called CONTRACTOR.

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

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

CONSTRUCTION OF CONCRETE ‘V’ DITCH AT RICHARDSON STREET In accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefore, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.

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

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

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

THE CITY OF LOMA LINDA, CALIFORNIA
(CITY)
BY:

ATTEST:

BY: SEAL
City Clerk
Contractor
BY:

Signature
Printed Name & Title
ATTEST:

BY:

Signature
Printed Name & Title
City of Loma Linda
Regular City Council Staff Report
Award Contract to Carollo Engineers for Sanitary Sewer Masterplan Update [Public Works] Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3N
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council award the contract to update the citywide sewer master plan to Carrollo Engineers, Inc. of San Bernardino in an amount not to exceed $369,500. City staff will provide project management.

BACKGROUND:

The City has completed the major Capital Improvement projects identified in the existing sewer master plan, which was prepared in 1998. Additionally, substantial changes have occurred to the community in expected as well as unexpected areas. This includes areas around the University/Medical Center and in the Mission overlay district.

Changes in State law specifically the ADU provisions have impacts upon our sewer capacities.

ANALYSIS:

A Request for Proposal (RFP) was prepared and sent to five qualified engineering consultants. The request was to provide the City with a technical study for guidance concerning the future sanitary sewer system needs. Two proposals were received and evaluated. A thorough review indicated that Carrollo Engineers, Inc. would be the preferred consultant for this project. They quoted $369,483.00 and Engineering Resources of Southern California quoted $548,835.00. Carrollo Engineers, Inc. have provided other water and/or sewer consultant services to the City in the past. Their work has been timely, professional and competitively priced.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding will be available in Account No. 4173510-51820, Sewer Capital ($150,000) and Account No. 4053500- 51820, Sewer Fund ($250,000).

Attachments
Professional Consultant Agreement.pdf

1 CITY OF LOMA LINDA

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of ____________________, between the City of Loma Linda, a municipal corporation ("City") and ____________________, 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 ______________________and shall remain and continue in effect until _______________________, unless otherwise terminated pursuant to the provisions of this Agreement. The City and Consultant may extend the Agreement for three additional two-year periods 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: T. Jarb Thaipejr, City Manager
City of Loma Linda
25541 Barton Rd.

Loma Linda, CA 92354
To Consultant: Patrick Johnson, PE, CBO
Willdan Engineering
650 E. Hospitality Ln, Suite 400
San Bernardino, CA 92408
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: Willdan Engineering 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
14 EXHIBIT A
The City’s RFP – ADD HERE

EXHIBIT B
The proposal from the selected consultant – ADD HERE
City of Loma Linda
Regular City Council Staff Report
Award Contract to S & H Civilworks for the Installation of ADA Access Ramps, and Sidewalks at Various Locations (CIP 24-122) [Public Works]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3O
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council award the contract for ADA ramp and sidewalk installations, schedule 1 only, to S & H Civilworks of Colton, CA in the amount of $206,100.00 and authorize a contingency allocation of $20,000. City staff will provide inspection and project management.

BACKGROUND:

This project is included in the approved Capital Improvement Program listed in the annual budget. CDBG and Measure I funding will be used for this project. Generally, this is constructing ADA access ramps and replacing unsafe sidewalk throughout the city.

ANALYSIS:

Three (3) bids were received and publicly opened on June 25, 2024. Bids ranged from a low of $206,100.00 to a high of $317,840.00 (see attached bid summary). The low bidder, S & H Civilworks of Colton, CA, has been checked for references and found to be satisfactory. This contractor has performed adequately on similar City projects in the past. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate.  This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Additionally, this is a very favorable bid, therefore, staff recommends an allocation of ±10% of the construction amount ($20,000.00) for a contingency allocation.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding is available in Account Nos. 1325400-58500 and 1265340-58500.

Attachments
ADA Ramps and Sidewalks 2024.pdf
ADA Access Ramps 2024.pdf
1 AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2024, by and between THE CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, and , hereinafter called CONTRACTOR.

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

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

INSTALLATION OF ADA ACCESS RAMPS, SIDEWALK, AND BUS PADS AT VARIOUS LOCATIONS (CIP 24-122)
In accordance with the Specifications and Drawings therefor, to furnish at his own expense all labor, materials, equipment, tools, and services necessary therefor, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.

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

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

ARTICLE IV: The Notice Inviting Bids, Construction Contract Labor Compliance Provisions (Attachment D), Instructions to Bidders, proposal, Certificate of Non Discrimination by Contractors, Noncollusion Affidavits, Specifications, Drawings, and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.

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

ATTEST:

BY: _________________________________________ SEAL
City Clerk
Contractor
BY:
(Signature)
(Printed Name/Title)
ATTEST:

BY:
(Signature)
(Printed Name/Title)
ADA Access Ramps, Sidewalk Schedule 1 - Various Locations Bid Opening June 25, 2024 (CIP 24-122)

ITEM UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 R & R Access Ramp per Std. R-8 EA. 7 7,500.00 52,500.00 8,500.00 59,500.00 16,700.00 116,900.00 2 R & R Sidewalk per Std. R-3.1 SF 6,673 12.00 80,076.00 15.00 100,095.00 18.00 120,114.00 3 R & R Curb & Gutter per Std. R-2.2 LF 174 65.00 11,310.00 120.00 20,880.00 160.00 27,840.00 4 R & R Driveway Approach per Std. R-4.1 SF 1,025 25.00 25,625.00 25.00 25,625.00 53.00 54,325.00 TOTAL $169,511.00 $206,100.00 $319,179.00
Bid Opening June 25, 2024 (CIP 24-122)

ITEM UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL
1 R & R Access Ramp per Std. R-8 EA. 7 14,900.00 104,300.00 2 R & R Sidewalk per Std. R-3.1 SF 6,673 23.00 153,479.00 3 R & R Curb & Gutter per Std. R-2.2 LF 174 139.00 24,186.00 4 R & R Driveway Approach per Std. R-4.1 SF 1,025 35.00 35,875.00 TOTAL $317,840.00
City of Loma Linda
Engineering Estimate S & H Civilworks Gentry Gen. Eng., Inc.

Hardy & Harper, Inc.

City of Loma Linda
Regular City Council Staff Report
Accept Parcel Map 20389 Off Site Improvements [Public Works] Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3P
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council accept the offsite improvements for Parcel Map 20389; release the associated guarantee in favor of a 10% maintenance guarantee and begin the one-year maintenance period.

BACKGROUND:

On April 12, 2022 the City Council approved Parcel Map No. 20389, subject to conditions of approval. The purpose of this map was to create four (4) large lots for development purposes. The Parcel Map subdivided 79 acres into 20 acre parcels. The owner constructed the major backbone infrastructure for this project, including Bryn Mawr Avenue and portions of Citrus Avenue and Park Avenue. The developer has completed the installation of the offsite improvements covered by the posted bond guarantee for improvements.  The developer has made a request to have the City accept the improvements and begin the one-year maintenance period.

ANALYSIS:

The offsite improvements have been completed and reviewed.  Staff is satisfied that the improvements are ready to be accepted by the City. The Developer will submit a maintenance guarantee of 10% for one year to guarantee the installed improvements.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

The new infrastructure will be added to the City inventory.

Attachments
PM 20389.pdf

City of Loma Linda
Regular City Council Staff Report
Approve a supplemental appropriation of $300,000 from General Fund Reserves; appropriate the funds into the Grant Expense Account and authorized the purchase five (5) 12-lead cardiac monitor/defibrillators. Accept a grant revenue of $300,000 from San Manual Band of Indians for reimbursement costs of the equipment. Declare four existing monitors being replaced as surplus and authorize their disposition. [Fire] Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3Q
To
City Council
From
Nataly Alvizar, Executive Aide
Via
Jeff Gillette, Battalion Chief
RECOMMENDATION:

It is recommended that the City Council approve a supplemental appropriation of $300,000 from General Fund Reserves; appropriate the funds into the Fire Expense Account and authorized the purchase five (5) 12-lead cardiac monitor/defibrillators. Accept a grant revenue of $300,000 from San Manual Band of Indians for reimbursement costs of the equipment; Declare four existing monitors being replaced as surplus and authorize their disposition.

BACKGROUND:

On June 11, 2024 the Council approved the acceptance of the donation of five (5) 12-lead cardiac monitor/defibrillators, on the consent calendar. It was recently clarified that the City of Loma Linda will instead be responsible for purchasing the monitors. The City will receive a $300,000 donation from the San Manuel Band of Mission Indians to offset the expenditure. This donation will be deposited into a designated account and allocated specifically for purchasing five new 12-lead cardiac monitor/defibrillators. These state-of-the-art devices will meet updated technology standards, ensure seamless interoperability with surrounding agencies, including the transport agency, and replace the current cardiac monitors/defibrillators that are nearing the end of their operational lifespan. To ensure competitive pricing, staff utilized Sourcewell, a cooperative purchasing organization for public sector procurement.

ANALYSIS:

The cardiac monitor/defibrillator is essential for providing Advanced Life Support (ALS) care and is mandated by the County EMS Authority. The Fire Department, with the assistance of the San Manuel Band of Mission Indians, secured this grant to fulfill this requirement. Loma Linda is renowned for its world-class medical care, and these upgraded devices will enhance patient treatment through improved cardiac monitoring. Securing this grant ensures that the City of Loma Linda remains operationally aligned with partnering agencies in delivering patient care.

FINANCIAL IMPACT:

There is no financial impact. Recognizing the donation revenue of $300,000 to account 1370000-49804 and appropriating the expenditure to account 1375630-58220 will fully offset the cost of the 12-lead cardiac monitor/defibrillators.

City of Loma Linda
Regular City Council Staff Report
Notice of Completion - Waterline Improvements at Beaumont Avenue and Nevada Street (CIP 20-657) [Public Works]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3R
To
City Council
From
Julia Loeffert, Executive Assistant
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

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

BACKGROUND:

On August 11, 2023, City Council awarded the contract to MCC Equipment Rentals, Inc. of Yucaipa, CA for an amount of $859,888.00 with an approved contingency of $86,000.00. On May 14, 2024, City Council approved a change order in the amount of $125,000.00. The final project cost was $1,174,628.06 which exceeded the contract, change order and contingency amount by $103,740.06. The additional costs were due to conflicts with unknown utility locations. San Timoteo Creek Channel required a bridge crossing, the UPRR tracks limited construction time and the Kinder Morgan high pressure interstate gas line exact location necessitated our new waterline relocation.

These many adjustments, along with the on-again off-again construction schedule, may have contributed to a catastrophic failure of a pipe joint during the initial warranty use period. The contractor performed professionally and completed the work satisfactory.

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.

ANALYSIS:

N/A
ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding for this project was appropriated in account number 4387200-58500. However, the project amount exceeded the estimated change order and contingency by $103,740.06. There are adequate funds remaining in fiscal year 2024’s budget due to unspent funds for the 1.6M gallon reservoir, which will cover the additional cost required to complete the project.

Attachments
Waterline Improvements on Beaumont Avenue (CIP 20-657).pdf

LYNETTE ARREOLA
RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

LYNETTE ARREOLA

CITY CLERK

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

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

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

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

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

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

Names Addresses

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

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED June 28, 2024

8. The work of improvement completed is described as follows: Waterline improvements at Beaumont Avenue

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is MCC Equipment Rentals, Inc, P.O. Box 1730, Yucaipa, CA 92399

10. The street address of said property is Beaumont Avenue

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:

Waterline improvement at Beaumont Avenue (CIP 20-657)
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\Waterline Improvements on Beaumont Avenue (CIP 20-657).doc City of Loma Linda
Regular City Council Staff Report
Notice of Completion - Purchase and Installation of (2) Two Fuel Management Systems for Fire and Public Works Departments [Public Works]
Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3S
To
City Council
From
Julia Loeffert, Executive Assistant
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

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

BACKGROUND:

On February 13, 2024, City Council awarded the contract for the purchase and installation of two (2) fuel management systems from, World Fuel Services of Parish, NY, for the amounts of $15,973.88, Fire Department, and $16,489.62, Corporation Yard, with an approved contingency of $3,200.00. The final project cost for both locations combined was $35,041.55 which is within contingency. The additional costs were due to the fact that sales tax was inadvertently not included in the original quotes. The contractor performed professionally and completed the work satisfactory.

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.

ANALYSIS:

N/A
ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

A supplemental appropriation was added during the FY 2024 Mid-Year Budget Review process, in the amount of $16,500, along with a $1,300.00 budget adjustment was transferred into 0013400-58220, Facilities Capital Equipment account, for the Corp Yard's system.  Budget transfers were completed within Fire Suppression's budget to cover the expense of Fire Station's system.

Attachments
Fuel Management Systems 2024.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 & 0292-141-03 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 June 18, 2024

8. The work of improvement completed is described as follows: Fuel Management Systems for Fire Department & Corporation Yard

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is World Fuel Services of Parish, NY

10. The street address of said property is 11325 Loma Linda Dr. & 26000 Barton Road, Loma Linda, CA 92354

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

Fuel Management Systems for Fire Department & Corporation Yard 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\Waterline Improvements on Beaumont Avenue (CIP 20-657).doc City of Loma Linda
Regular City Council Staff Report
Council Bill #O-2024-04 - Second Hearing - 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 (Continued from June 25, 2024)
On June 11, 2024, the City Council introduced the first reading of Council Bill #O-2024-04 and set the second reading for June 25, 2024, for adoption. However, due to a lack of quorum on June 25, 2024, the item was continued to July 9, 2024.

Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Old Business Item: 4A
To
City Council
From
Lynette Arreola, City Clerk
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that City Council:

1. Waive the reading of Council Bill #O-2024-04 in its entirety;

2. Direct the Clerk to ready by title only; and

3. Adopt the Ordinance.

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.

On June 5, 2024, the Planning Commission voted unanimously to recommend the adoption of the proposed ordinance with a provision to encourage healthy menu options, which is now included in the attached ordinance under section 17.40.030(C)(3)(f).

On June 11, 2024, the City Council conducted a public hearing, introduced Council Bill #O-2024-04 on First Reading and set the Second Reading for June 25, 2024. However, due to the lack of a quorum on June 25, the item was continued to July 9, 2024.

ANALYSIS:

The adoption of this Ordinance will repeal Ordinance 712, which will remove Chapter 17.105, Formula-Based Fast Food Restaurants, from the Municipal Code, and amend Chapter 17.40, Commercial and Industrial Zones (BP, CO, C-1, C-2 and CM), to allow Fast Food Drive-Through Restaurants in the specified zones, subject to a Conditional Use Permit and specific use regulations.

FINANCIAL IMPACT:

The adoption of the Ordinance will have no impact upon current revenue or expenditure levels; however, it would generate additional sales and tax revenue and job opportunities.

Attachments
Attachment A - Council Bill O-2024-01 Ordinance A.pdf
Exhibit A of Attachment 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 fullforce and effective a minimum of thirty (30) days after passage.

This Ordinance was introduced at the regular meeting of the City Council of the City of Loma Linda, California, held on the 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. 6 City of Loma Linda
Regular City Council Staff Report
Develop a Revenue Generating Committee (Continued discussion for potential actions) Meeting
Tuesday, July 9, 2024, 7:00 PM
Agenda Group
Old Business Item: 4B
From
T Jarb Thaipejr, City Manager