CITY OF LOMA LINDA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, October 22, 2024, 7:00 PM
25541 Barton Road
Loma Linda, CA 92354
A regular meeting of the Loma Linda City Council is scheduled in the Council Chambers, 25541 Barton Road, Loma Linda, California at at 7:00 p.m. Under Municipal Code Section 2.08.010, study sessions or closed session items may begin at 5:30 p.m. or as soon thereafter as possible. A recess may be called at the discretion of the City Council.
The Agenda and Reports relating to each agenda item are on file in the City Clerk's Office and are available for public inspection during normal business hours. They are also on the City’s Website at www.lomalinda-ca.gov.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 25541 Barton Road, Loma Linda, CA during normal business hours. Such documents are also available on the City’s website at www.lomalinda-ca.gov subject to staff’s ability to post the documents before the meeting.
Persons wishing to speak on an agenda item, including any closed session items, are asked to submit their names in the Kiosk or information card and present to the City Clerk before consideration of the item. When the item is to be considered, the Mayor will recognize you. Please step to the podium, give your name, and offer your comments.
The City Council meetings are recorded to assist in preparing the Minutes.
The Oral Reports/Public Participation portion of the agenda pertains to items NOT on the agenda and is limited to 30 minutes; 3 minutes are allotted for each speaker. Under the Brown Act, no action may be taken by the City Council at this time; however, the City Council may refer comments/concerns to staff or request that the item be placed on a future agenda.
Under the Americans with Disabilities Act (ADA), if you need special assistance to provide public comment, or for other special assistance; please contact the City at least 48 hours before the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting. The Office of the City Clerk may be reached at (909) 799-2819 or at [email protected].
1. Call to Order
1A. Call to Order
1B. Roll Call
1C. Workshop 5:00pm - Community Room - Presentation from San Bernardino County Sheriff's Department Regarding the County's Homeless Programs and Services
1D. Invocation and Pledge of Allegiance - Mayor Dupper
1E. Items to be 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) 1G. Conflict of Interest Disclosure
2. Scheduled and Related Items
2A. Presentation by Loma Linda Moms' Group on Community Engagement with Families and Children [Cynthia Galvan]
Presentation by Cynthia Galvin
2B. Presentation by Inland Housing Solutions on Heritage Park Improvements [Jeff Little] Presentation by Jeff Little
2C. Public Hearing - Council Bill No. O-2024-06, an ordinance to establish a Small Home Lot Development - 10 Residential Units Maximum Chapter in Title 17 (Zoning) of the Loma Linda Municipal Code (Master Development Application No. 2024-0027/Development Code Amendment No. 2024-0006) [Community Development]
Introduce Council Bill #O-2024-06 on First Reading
— 1) INTRODUCE on First Reading and SET Second Reading to adopt Council Bill #O-2024-06, an ordinance to establish a small home lot development Chapter in Title 17 (Zoning) of the Loma Linda Municipal Code (Master Development Application No. 2024-0027/Development Code Amendment No. 2024-0006) 2D. Public Hearing - Council Bill No. O-2024-07, an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code [Community Development] Introduce Council Bill #O-2024-07 on First Reading
— 1. DETERMINE that the adoption of Council Bill No. O-2024-07 is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 (Amended 8-27-24) of the California Public Resources Code), in that CEQA does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law); and — 2. INTRODUCE on First Reading and SET Second Reading to adopt Council Bill #O-2024-07, an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (Master Development Application No. 2024-0026/Development Code Amendment No. 2024-0005).
3. Consent Calendar
3A. Demands Registers - October 8 and 22, 2024 [Finance] Approve the demands for payment
3B. Approval of Minutes September 24, 2024 [City Clerk] Approve the minutes
3C. Treasurer's Report - September 2024 [Finance]
Accept for Filing
3D. Fire Department's Activity Report - September 2024 [Fire] Accept for Filing
3E. Appropriate $90,000 from Park Development Fund then Award Contract to RG General Engineering for Construction of Pickleball Courts at Leonard Bailey Park (CIP 24-757) [Public Works] Appropriate $90,000 from Park Development Fund and Award Contract in the amount of $236,149.00 3F. VA Medical Center Fire Services Agreement [Fire]
Approve the Fire protection services Agreement with the Loma Linda Veterans Administration (LLVA) Medical Center
3G. Notice of Completion of the Construction of Bus Stop Sidewalks at Various Locations (CIP 24-123) - Contractor: Kormex Construction, Inc. [Public Works]
Accept as complete and authorize recordation of Notice of Completion documents 3H. Authorize an Appropriation from Fund Balance for Communication Aide Services for Individuals with Communication Disabilities at City Public Hearings [City Clerk] Authorize an appropriation for Communication Aide Services 3I. Award Contract of $26,000 for Fiber Optic Plan Creation Services for the Loma Linda Connected Communities Program (LLCCP) - Contractor: HHS/Congruex [Information Systems/LLCCP] Authorize an appropriation for Fiber Optic Plan Creation Services 3J. Declare as Surplus and Authorize Disposal of Various Technology Devices and Associated Equipment [Information Systems/LLCCP]
Declare items surplus and authorize appropriate disposal
4. Old Business
4A. Status Update on the Establishment of the Revenue-Generating Ad hoc Committee [Councilmember Spencer-Hwang]
5. New Business
6. Reports
6A. Reports of Council Members
6B. Reports Of Officers
7. Adjournment
Date Posted: October 17, 2024
POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that, I caused this agenda to be posted at the following three (3) locations, to-wit: 1) Loma Lind a Branch Library, 25581 Barton Road, Loma Linda, California; 2) City Council Chambers, 25541 Barton Road, Loma Linda, California; 3) U. S. Post Office Annex, Newport Avenue, Loma Linda, California
Lynette Arreola, City Clerk
City of Loma Linda, California
City of Loma Linda
Regular City Council Staff Report
A. Presentation by Loma Linda Moms' Group on Community Engagement with Families and Children [Cynthia Galvan]
Presentation by Cynthia Galvin
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2A.
To
City Council
From
Lynette Arreola, City Clerk
RECOMMENDATION:
Presentation by Cynthia Galvan, Loma Linda Moms' Group, on Community Engagement with families and children.
City of Loma Linda
Regular City Council Staff Report
B. Presentation by Inland Housing Solutions on Heritage Park Improvements [Jeff Little] Presentation by Jeff Little
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2B.
To
City Council
From
T Jarb Thaipejr, City Manager
Presentation by Jeff Little, Inland Housing Solutions.
Summary by Inland Housing Solutions:
Request is to propose 4 temporary portables to be placed on the site for office use. They anticipate some grading for the pads and recommend to create an accessible path. They also plan to provide power to the units. No water hooks ups are required. They are anticipating these portables being on site for 1 year. Please let them know what additional information they can provide for City Council review.
City of Loma Linda
Regular City Council Staff Report
C. Public Hearing - Council Bill No. O-2024-06, an ordinance to establish a Small Home Lot Development - 10 Residential Units Maximum Chapter in Title 17 (Zoning) of the Loma Linda Municipal Code (Master Development Application No. 2024-0027/Development Code Amendment No. 2024-0006) [Community Development] Introduce Council Bill #O-2024-06 on First Reading
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2C.
To
City Council
From
Nicole Campbell, Associate Planner
Via
Lorena Matarrita, Community Development Director
RECOMMENDATION:
INTRODUCE on First Reading and SET Second Reading to adopt Council Bill #O-2024-06, an ordinance to establish a small home lot development Chapter in Title 17 (Zoning) of the Loma Linda Municipal Code (Master Development Application No. 2024-0027/Development Code Amendment No. 2024-0006).
PLANNING COMMISSION HEARING:
On October 2, 2024, the Planning Commission unanimously recommended approval of Council Bill #O-2024-06 to establishing a small home lot development Chapter in Title 17 (Zoning) of the Loma Linda Municipal Code (Master Development Application No. 2024-0027/Development Code Amendment No. 2024-0006).
BACKGROUND:
The City of Loma Linda is considering the adoption of an amendment to its Development Code to regulate small home subdivisions, in response to the recent enactment of Senate Bill 684 (SB 684). This new legislation streamlines the approval process for small residential projects in order to address California's ongoing housing crisis. SB 684 is active law to which Loma Linda is currently subject. Adoption of the proposed ordinance allows Loma Linda discretion in applying parking minimums and the regulation of Accessory Dwelling Units (ADUs).
SB 684, signed into law on October 11, 2023, introduces changes to the approval process for small home subdivisions and housing developments. Effective from July 1, 2024, SB 684 mandates that local agencies must ministerially review and approve, without discretionary hearings, applications for parcel maps and housing developments that meet specific criteria. The bill exempts these projects from certain requirements, such as minimum parcel size and homeowners’ association formation. Local agencies must act on these applications within 60 days, or they are deemed approved, and must provide detailed feedback if denied. The bill also stipulates that housing developments must comply with affordability requirements and protect existing low-income housing from being affected.
ANALYSIS:
The proposed Development Code Amendment, consistent with the requirements of California Senate Bill 684, would streamline the approval process for small housing developments by considering certain applications without discretionary review or public hearings. Specifically, it applies to housing projects that propose 10 or fewer units on lots zoned for multifamily residential use, no larger than 5 acres, and substantially surrounded by urban development. The proposed Development Code Amendment allows the City to impose objective zoning, subdivision, and design standards, but State law prohibits requirements that would physically prevent the project from achieving the allowed density, or that impose additional restrictions based solely on the fact that the project is being approved under the provisions of the proposed Development Code Amendment.
Key Provisions of SB 684/ Development Code Amendment No. 2024-0006 Ministerial Review
The City must approve subdivision maps (parcel maps or tentative and final maps) for qualifying projects without discretionary review or hearings.
Criteria for Projects
The housing development must consist of 10 or fewer residential units, meet minimum parcel size and density requirements, and be located on a lot zoned for multifamily use, no larger than 5 acres, and surrounded by urban uses. The proposed housing development may not contain ADUs, and proposed developments shall not occur on parcels that are subject to environmental constraints as documented within the ordinance. A complete list of eligibility requirements is provided as an attachment to this staff report.
Exemptions
Projects approved under these provisions are exempt from certain requirements, such as minimum parcel size or the formation of homeowners' associations.
Approval Timelines
The City is required to approve or deny completed applications within 60 days of receiving them. If the City fails to act within this period, the application is automatically approved.
If the City denies the application, it must provide a written explanation to the applicant within the same 60-day period, detailing any deficiencies and how they can be corrected.
Building Permits
State law requires streamlining of the process for issuing building permits for projects of 10 or fewer units. If the applicant meets the necessary conditions (e.g., approval of a tentative or parcel map), the City must issue the building permit.
The City has elected to include the ability to condition building permits on the submission of a recorded covenant, ensuring that the final map is recorded before the permit is issued.
Objective Standards and Limitations:
The City may impose objective standards (such as zoning, subdivision, or design standards) on these projects but cannot impose rules that would preclude the development or reduce the allowed density.
State law restricts the City from imposing additional requirements regarding parking, setbacks, or floor area ratios that could hinder the project’s feasibility. While State law allows the City to reduce parking requirements, the City of Loma Linda is proposing the maximum parking allowed under SB 684, one parking space per dwelling unit.
Additionally, the City is exercising its right under this ordinance to preclude housing developments involving ADUs from the ministerial approval process under the proposed ordinance.
In summary, SB 684, and the adoption of the proposed Development Code Amendment, accelerates the approval process for small housing projects by minimizing discretionary reviews and hearings, enforcing objective standards, and ensuring timely responses from the City. The proposed Development Code Amendment would adopt SB 684 largely as written in the California Government Code. In cases where the City has discretion over certain provisions, the City of Loma Linda has taken the most conservative approach possible.
MEASURE V:
A note about Measure V and the Doctrine of State Preemption: Under this doctrine, local laws which conflict with state laws may be void as preempted by state law. A local law conflicts with stat law is it either duplicates, contradicts, or enters a field which has been fully occupied by state law. A local law contradicts state law when its purpose is contrary to the purpose of state law or prohibits what the legislature intends to authorize. Accordingly, a small home lot development which does not comply with the provisions of Measure V, but otherwise complies with state law and the proposed Ordinance herein, may still be subject to approval.
ENVIRONMENTAL IMPACT:
The ordinance is not defined as a project under the California Environmental Quality Act (CEQA). Pursuant to Government Code Sections 65852.28(e), 659.13.4.5(b), and 66499.41(i), the amendment does not involve any commitment to a specific project that may result in potentially significant physical impacts on the environment. As a result, the ordinance is not subject to further environmental review under CEQA.
PUBLIC NOTICING:
The public notice for this project was duly posted on October 10, 2024, San Bernardino's "The Sun" newspaper in compliance with State law requirements. Additionally, notices were posted in three public locations: City Hall, the library, and the post office. Furthermore, the notice was made accessible on the City's official website.
As of the date of this report, no written or oral opposition to this development code amendment has been received.
Additionally, no public comment was received during the duly noticed Planning Commission meeting on October 2, 2024.
FINANCIAL IMPACT:
These ordinance changes have no impact upon current revenue or expenditure levels.
Attachments
Attachment A - Project Eligibility Criteria.pdf
Attachment B - Draft Ordinance.pdf
Attachment A: Project Eligibility Criteria
1. Zoning: The parcel must be in a multi-family zone.
2. Parcel Size: The parcel cannot exceed 5 acres.
3. Surrounding Land Use: At least 75% of the parcel’s perimeter must be adjacent to or separated only by an improved public right-of-way from other parcels used for residential, commercial, public institutions, transit facilities, or retail purposes.
4. Subdivision and Development Limits:
a. The subdivision shall create no more than 10 parcels. b. The housing development project shall include no more than 10 residential units.
5. Housing Density:
a. If the parcel is listed in the City’s Adequate Sites Inventory, it must provide at least as many units as projected.
b. If the parcel is designated within the City’s Housing Element sites inventory for very low or low-income households, it must provide at least the projected number of very low or low-income units.
c. If not listed in the inventory, the development must achieve at least the maximum allowable residential density for the site.
6. Ownership and Unit Size:
a. New units must be on fee simple ownership lots, part of a common interest development, a housing cooperative, or owned by a community land trust. b. The average size of new units must not exceed 1,750 square feet.
7. Affordable Housing: The subdivision and new units must comply with local inclusionary affordable housing requirements, if such requirements exist.
8. Existing Housing Protection: The housing development shall not require the demolition, alteration, or conversion of any of the following housing types:
a. Housing with rent restrictions for low, very low, or extremely low-income households. b. Rent-controlled or price-controlled housing.
c. Housing occupied by tenants in the last five years, including recently demolished or vacated properties.
d. Properties where the owner used California Government Code Chapter 12.75 (Ellis Act) to withdraw rental accommodations in the past 15 years.
9. Environmental and Safety Restrictions:
a. The parcel must not be in a Very High Fire Severity Zone.
b. It must not be a hazardous waste site unless cleared for residential use. c. It should not be within an earthquake fault zone unless it meets seismic building codes. d. It must not contain wetlands, Environmentally Sensitive Lands, or conserved areas. e. It must not be in the Multi-Habitat Planning Area (MHPA) of the MSCP Subarea Plan. f. It should not be Prime farmland or farmland of statewide importance. g. It must not be in a FEMA regulatory floodway or Special Flood Hazard Area unless it has a FEMA Letter of Map Revision or meets floodplain management criteria.
10. Permitting: If a discretionary development permit is needed, the project will not be eligible under SB 684’s provisions.
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ORDINANCE NO. 2024-06
AN ORDINANCE OF THE CITY OF LOMA LINDA AMENDING THE
MUNICIPAL CODE TO ESTABLISH A SMALL HOME LOT
DEVELOPMENT CHAPTER IN TITLE 17 (ZONING) OF THE LOMA
LINDA MUNICIPAL CODE.
WHEREAS, on October 11, 2023, Senate Bill 684 (Chapter 783, Statutes of 2023) was approved by the Governor of the State of California and filed with the Secretary of State, adding to the Government Code Sections 65852.28, 65913.4.5, and 66499.41, allowing ministerial approval of a subdivision of ten or fewer parcels and ten or fewer residential units that meet specified requirements; and
WHEREAS, the changes made to the Government Code by Senate Bill 684 go into effect on July 1, 2024; and
WHEREAS, state law allows a local agency to adopt an ordinance to implement the provisions in Senate Bill 684; and
WHEREAS, the City of Loma Linda (the “City”) has implemented land use policies based on the City’s General Plan, which provide an overall vision for the community and balance important community needs, and the City seeks to ensure that Senate Bill 684 projects are consistent with those policies; and
WHEREAS, the proposed amendments to the City of Loma Linda Municipal Code implement requirements of state law and add local policies that are consistent with the state law and implement the City’s General Plan; and
WHEREAS, the Planning Commission of the City of Loma Linda held a duly and properly noticed public hearing on October 2nd, 2024, to take public testimony and recommended the City Council adopt the proposed ordinance; and
WHEREAS, the City Council has found that the provisions of this ordinance are consistent with the goals and policies of the City’s General Plan; and WHEREAS, the proposed code amendments are intended to implement Senate Bill 684 and are not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code, as provided in Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i).
WHEREAS, the Planning Commission and City Council reviewed the proposed amendments and finds that the Master Development Application No. 2024-0027; Development Code Amendment No. 2024-0006 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 the facts set forth in the recitals of this ordinance are true and correct.
Attachment B
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SECTION 2. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Sections 65852.28, 65913.4.5, and 66499.41.
SECTION 3. Approval. Planning Commission recommended approval and City Council voted to adopt the ordinance approving Master Development Application No. 2024-0027; Development Code Amendment No. 2024-0006, which amends Title 17 (Zoning) of the Loma Linda Municipal Code as indicated in “Exhibit A” and as referenced herein.
SECTION 4. CEQA Findings. The proposed Municipal Code amendment has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq) (“CEQA”). The City Council has determined that the text amendment in this ordinance is not a project under CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, which apply to proposals that are not considered "projects" as defined in Section 15378 of the CEQA Guidelines, and thus is not subject to further environmental review under CEQA.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect this validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phase thereof, irrespective of the fact that any one or more sections, subsection, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
SECTION 6. 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 7. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Loma Linda held on the on the 22nd day of October, 2024; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Loma Linda, California, on ______________________, by the following vote:
AYES: [Councilmembers] –
NOES: [Councilmembers] –
ABSENT: [Councilmembers] –
____________________________________
PHILLIP DUPPER, Mayor
ATTEST:
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__________________________________
LYNETTE ARREOLA, CITY CLERK
APPROVED AS TO FORM:
__________________________________
DIANE ROBBINS, CITY ATTORNEY
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Exhibit A
Master Development Application No. 2024-0027;
Development Code Amendment No. 2024-0006
Addition of Chapter 17.116 Small Home Lot Development
17.116.010 Purpose.
A. The purpose of this chapter is to provide objective zoning standards for small lot subdivisions with ten or fewer units, to implement the provisions of state law as reflected in Government Code Section 65852.28, Section 65913.4.5, and Section 66499.41, and to facilitate the development of new residential housing units consistent with the City’s General Plan and ensure sound standards of public health and safety.
If SB 684 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.
17.116.020 Definitions.
A. “Extremely low-income household” has the meaning set forth in Health & Safety Code Section 50106.
B. “Lower-income household” has the meaning set forth in Health & Safety Code Section 50079.5.
C. “Moderate income household” has the meaning set forth in Health & Safety Code Section 50093.
D. “Qualified urban use” has the meaning set forth in Public Resources Code Section 21072.
E. “Substantially surrounded” has the meaning set forth in Public Resources Code Section 21159.25.
F. “Very low-income household” has the meaning set forth in Health & Safety Code Section 50105.
17.116.030 Small Lot Subdivision.
A. The Community Development Director (“Director”) or their designee shall ministerially review, without a hearing, an application for a parcel map or a tentative and final map for a housing development project, and shall approve the application if the criteria in Government Code Section 66499.41 and this section are satisfied.
B. Qualifying Criteria. Within sixty days from the receipt of a complete application, the Director, or their designee, shall determine if the parcel map or tentative and final map for the subdivision meets all the following requirements:
1. The parcel is located within one of the following multi-family residential zones: R3 High Density Residential Zone (0-13 dwelling units/acre), R-4 Very High Density Residential (0-20 dwelling units/acre).
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2. The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
3. The lot is no larger than five acres and substantially surrounded by qualified urban uses.
4. The lot is a legal parcel.
5. The lot was not established pursuant to this Section 17.116 or an urban lot split pursuant to Government Code Section 66411.7.
6. The newly created parcels are no smaller than 600 square feet.
7. The housing units on the lot proposed to be subdivided are one of the following:
a. Constructed on fee simple ownership lots;
b. Part of a common interest development;
c. Part of a housing cooperative, as defined in Civil Code Section 817; or d. Owned by a community land trust meeting the requirements of Government Code Section 66499.41.
8. The proposed development must meet one of the following:
a. If the parcel is identified in the Housing Element for the current planning period, the development must result in at least as many units as projected for the parcel in the Housing Element. If the parcel is identified to accommodate low- or very-low-income households, the development must result in at least as many low- or very-low income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least 45 years.
b. If the parcel is not identified in the Housing Element for the current planning period, the development must result in at least as many units as the maximum allowable residential density for the parcel.
9. The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet.
10. The housing development project on the lot proposed to be subdivided adheres to applicable local inclusionary housing policies.
11. The housing development project on the lot proposed to be subdivided would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely low-income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
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c. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
d. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
12. The lot being subdivided is not located on a site identified in Government Code section 66499.41(a)(9) relating to farmland, wetlands, fire hazard severity zones, hazardous waste sites, delineated earthquake faults, flood zones, lands subject to the Natural Community Conservation Planning Act, lands under a conservation easement, or habitat for protected species.
13. The proposed subdivision shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this chapter and Government Code Section 66499.41.
14. The proposed subdivision complies with all applicable standards established in Section 17.116 and Government Code Section 65852.28.
15. The parcels created pursuant to this Section must be served by a public water system and a municipal sewer system.
16. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located, and Section 17.115 Objective Design Standards except that a proposed housing development is not required to comply with minimum requirements on size, width, depth, or dimensions of an individual parcel beyond the minimum parcel size specified in Section 6 above.
17. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
C. Development on Each Lot. At least one residential structure in compliance with applicable provisions of the California Building Standards Code [or including municipal/county code section] must be developed on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
D. Prohibition of Accessory Dwelling and Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit shall not be permitted on a parcel created through this chapter.”
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E. Prohibition of Urban Lot Splits. A parcel created under this chapter may not be further subdivided pursuant to an urban lot split under SB 9 (Government Code Section 66411.7).
F. Declaration of Prior Tenancies. If any existing housing is proposed to be demolished, the owner of the property proposed for the subdivision shall sign an affidavit, in the form approved by the Director, or their designee, stating that none of the conditions listed in Section 11 above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the Director.
G. Specific Adverse Impacts. In addition to the criteria listed in this section, a subdivision proposed under this chapter may be denied if the Director, or their designee, makes a written finding, based on a preponderance of the evidence, that the proposed subdivision or proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
17.116.040 Housing Development of Small Lot Subdivisions A. The Director, or their designee, shall ministerially review, without a hearing, an application for a housing development project on a lot that is subdivided pursuant to Section 17.116 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied.
B. Qualifying Criteria. Within sixty days from the receipt of a complete application, the Director, or their designee, shall determine if the housing development project meets all the following requirements:
1. The proposed housing development is on a lot created in accordance with Section
17.116 and Government Code Section 66499.41.
2. The proposed housing development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located that do not conflict with Section 17.115 and Government Code Sections 65852.28 and 66499.41; provided, however:
a. The Director, or their designee, shall modify or waive any standard if the standard would have the effect of physically precluding the construction of the development project at 20 dwelling units per acre. Any modifications of development standards shall be the minimum modification necessary.
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b. No setback between the units is required, except as provided in the California Building Code (Title 24 of the California Code of Regulations). c. Required rear and side yard setbacks from the original lot line shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
3. Parking. One parking space, which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.
4. Floor Area Ratio Standards. Floor area ratios shall be consistent with that of the underlying zone, except that:
a. For a housing development project consisting of three to seven units, inclusive, the floor area ratio shall be at least 1.0.
b. For a housing development project consisting of eight to ten units, inclusive, the floor area ratio shall be at least 1.25.
C. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed housing development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
17.116.050 Building Permits for Housing Development of Small Lot Subdivisions A. The Building Official shall issue a building permit for one or more residential units that are part of a housing development project on a lot that is subdivided pursuant to Section 17.116 and Government Code Section 66499.41, and shall approve the application if the criteria in Government Code Section 65852.28 and this section are satisfied and has met the following criteria:
1. The applicant has received a tentative map or parcel map approval for the subdivision.
2. The applicant has submitted a complete building permit application.
B. Any dedication, improvement, and sewer requirements identified in the approved tentative map or parcel map or its conditions of approval shall be guaranteed to the City’s satisfaction.
Council Bill O-2024-06
9/10/2024 9
376285.1
C. The applicant must submit proof, to the satisfaction of the city attorney, of a recorded covenant and agreement enforceable by the city that the applicant agrees the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.
D. The applicant shall provide security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval in the form of bonds, an instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the sufficient funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit from such a financial institution. The amount of the security shall be an amount not more than 300% of the total estimated cost of improvements or acts to be performed.
E. Specific Adverse Impacts. In addition to the criteria listed in this section, issuance of a building permit may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
City of Loma Linda
Regular City Council Staff Report
D. Public Hearing - Council Bill No. O-2024-07, an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code [Community Development] Introduce Council Bill #O-2024-07 on First Reading
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2D.
To
City Council
From
Lorena Matarrita, Community Development Director
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION
1. DETERMINE that the adoption of Council Bill No. O-2024-07 is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 (Amended 8-27-24) of the California Public Resources Code), in that CEQA does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law); and
2. INTRODUCE on first reading, SET second reading, to adopt Council Bill No. O-2024-07, an ordinance of the City Council of the City of Loma Linda amending in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (Master Development Application MDA-2024- 0026/Development Code Amendment DCA-2024-0005).
BACKGROUND
The City of Loma Linda’s Development Code regulates development within the City to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources.
On April 13, 2021, the City Council adopted Ordinance No. 766, establishing Chapter 17.110 of the Loma Linda Municipal Code, to regulate Accessory Dwelling Units and Junior Accessory Dwelling Units within the City’s residential and mixed-use zoning districts. In accordance with State law, the staff forwarded the enacting Ordinance to the State Department of Housing and Community Development (HCD) for compliance review.
On February 11, 2022, HCD provided correspondence indicating that the City’s adopted Ordinance would require minor amendments in order to be deemed compliant with the latest requirements of the State law governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). On March 10, 2022, City staff responded to HCD that such amendments would be addressed as part of a future amendment to the Chapter due to the ongoing changes to the State’s regulations for ADUs. Additionally, in July, 2022, HCD updated its ADU Handbook to incorporate several Assembly and Senate Bills.
Since the time of HCD’s initial compliance review of the City’s Ordinance, followed by HCD’s updating of their Handbook, the California Legislature continued to pass legislation affecting local agencies adopted regulations for ADUs and JADUs.
Assembly Bill (AB) 2221 and Senate Bill (SB) 897 went into effect on January 1, 2023; SB 477, enacted in March, 2024, and most recently SB 1211 that will go into effect January 1, 2025. The City’s current ordinance remains out of compliance, and could be considered null and void, effectively removing local preferences and oversight of the development of such units within the City. Therefore, it is imperative that portions of Chapter 17.110 be timely amended.
The proposed ordinance (Attachment A) was presented to the Planning Commission on October 2, 2024. Staff provided an overview of the changes proposed for Municipal Code Chapter 17.110 that were necessary to address the above described HCD review comments, and continual changes to State law regulating ADUs. The public hearing was opened, but no member of the public was present to address the Commission, and no written testimony was received. Following some questions of Staff regarding the current and future implementation of the City’s regulations, the Commission recommended approval to the City Council, with a 4-0, with one absent, vote in support of the proposed amendment.
ANALYSIS
The City-initiated Master Development Application (MDA-2024-0026)/Development Code Amendment (DCA-2024-0005) amends, in part, Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code. The affected provisions of Chapter 17.110 are detailed in Exhibit A of the Ordinance for Council Bill No. O-2024-07 (Attachment A). The amendments proposed under MDA-2024-0026/DCA-2024-0005 will enable the City to comprehensively address and update Chapter 17.110 in compliance with State law, and allow the City to retain local control.
HCD Comments (February 11, 2022)
HCD’s initial compliance review of the City’s adopted Ordinance No. 766 identified three minor items for correction as follows:
The definition of “Efficiency Kitchen” may not require specific types of appliances; therefore, this specific listing within the definition text is being deleted.
The definition for “Junior Accessory Dwelling Unit” may not stipulate the number of people residing in the unit; therefore, this portion of the definition text is being deleted.
The Section titled “Permitted Zones” is required to include both “existing” as well as “proposed” single-family and multifamily dwellings on a parcel; therefore, “proposed” has been added to the text of this Section of the Chapter to be consistent with the emphasis and distinction between the two as stipulated in State law.
AB 2221 and SB 897
In nearly every legislative session over the past few years, the California Legislature has enacted bills that reduce local control over the development of ADUs. Recent examples include: legislation requiring ministerial approval of ADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, prohibiting local agencies from imposing height and setback standards beyond state-set limits, and requiring local agencies to allow ADUs to be sold separately from the lot’s primary dwelling if specified conditions are met. AB 2221 and SB 897, include numerous changes to the State ADU laws.
There are two dominant themes in the changes. First, cities must let ADUs go taller and closer to the property lines. Second, the Legislature codified a number of interpretations of the law that agencies developed as they’ve interpreted and applied the ADU law in different situations over the last few years. The following describe the new requirements of AB 2221 and SB 897 and have been incorporated in the proposed amendments to Chapter 17.110:
Height Limitations – the City must allow ADUs taller than 16 feet in the following circumstances by adding these provisions to Section 17.110.070 C.:
If it is located within a half-mile of a major transit stop or high quality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height by right, and the ADU be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house. Before this most recent legislation, local agencies could cap the height of a detached ADU at 16 feet.
If a detached ADU is on a lot with an existing or proposed multistory, multifamily dwelling, the ADU may be up to 18 feet in height by right, regardless of how close it is to transit.
An attached ADU may now be up to 25 feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower, but the City may still limit the ADU to a maximum of two stories.
Front Setbacks – the City retains the authority to impose front-yard setbacks on ADUs, but now a front setback must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks. The “must yield” provision for front setbacks has been added to the list of items under Section 17.110.030.
Adjustments to Application Review Procedures; Additional Restrictions on Denials – while the City already follows the below “procedures,” during the course of its review of an application and plans for an ADU and/or JADU, Section
17.110.090 is proposed to be amended to comply with the following:
If the City denies an ADU application, the applicant must be provided with a “full set of comments” listing the specific items that are “defective or deficient.” These comments must also describe “how the application can be remedied” by the applicant.
A demolition permit for a detached garage that is to be replaced with an ADU must now be reviewed with the ADU application and issued at the same time.
Local agencies cannot deny an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU. The City has not been attempting to do this since the ADU law already required the City to disregard nonconforming zoning conditions and building code violations to a great extent when considering an ADU. However, it does not insulate the property owner from having to come into compliance separately from the ADU.
Expansion of Where JADUs Can be Built – again, while the City already conducts its permit review of a JADU consistent with State law, Section 17.110.050 B. is proposed to be amended for clarification. Under existing State Law, a JADU must be “within the walls” of a proposed or existing single-family dwelling. In light of HCD commentary, most cities have understood this to include non-livable space within the primary dwelling structure, such as attached garages.
Now the Legislature has made that express. This is more a change in the text of the Law that needs to be reflected in the local ordinance than it is a substantive change in what the law requires.
Defining the Term “Objective” – Lastly, while the City already includes and understands the meaning of objective standards, based on other changes to Housing Law in recent years, the Legislature has now inserted an express definition into the ADU law, which is reflected in the amendments to Section 17.110.020 for consistency.
Because State Law requires complete, across-the-board consistency between a local ordinance and the State ADU law, all cities and counties with an ADU ordinance need to amend their Ordinance to comply with the above changes.
SB 477
In March 2024, the California Legislature enacted Senate Bill 477 as an urgency measure. SB 477 was signed by Governor Newsom on March 26, 2024, and it took effect immediately. The bill’s purpose is to make state law governing ADUs and JADUs easier to read and navigate. SB 477 adds a new Chapter 13 to Division 1 of Title 7 of the Government Code. The new Chapter 13 is divided into four articles and each article is further divided into various sections. SB 477’s changes to State Law are only organizational; none is substantive. All cross-references to the former Government Code sections (e.g., 65852.2, 65852.22, 65852.26) within Chapter 17.110 are being updated as part of this ADU Ordinance update.
SB 1211
The Governor recently signed Senate Bill 1211, which will go into effect January 1, 2025. Senate Bill 1211 requires the City’s ADU Ordinance to increase the opportunities to add ADUs to properties already developed with multifamily buildings. The following describe the new requirements of SB 1211 and where in Chapter 17.110 amendments are proposed:
Increase ADUs on Parcel with Multifamily Building - One of the existing “statewide exemption ADUs” is up to two detached ADUs (meeting specified standards) that are located on a lot that has an existing or proposed multifamily dwelling. SB 1211 delineates this “statewide exemption ADU” depending on whether the multifamily dwelling is existing or proposed. On a lot with a proposed multifamily dwelling, the allowance remains at up to two new detached ADUs (meeting specified standards).
SB 1211 authorizes up to eight detached ADUs (meeting specified standards) on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot. Accordingly, Section 17.110.050 E.2. is amended to reflect this increase where multifamily development is “existing,” while only allowing a maximum of two ADUs where multifamily development is “proposed.”
Replacing Uncovered Parking - Existing ADU Law prohibits the City from requiring the replacement of covered parking spaces (garages, covered parking structures, and carports) if demolished in conjunction with the construction or conversation of an ADU. SB 1211 adds uncovered parking spaces to this list. Section 17.110.060 I.3. is proposed to be amended to include this in the list. The replacement requirement related to JADU was not changed with this legislation.
Clarifying “Livable Space” - The City’s existing regulations allow the conversion of areas in multifamily buildings that are not livable space, such as basements, garages, storage rooms, boiler rooms, and similar spaces, into ADUs equal in number to up to 25 percent of the existing multifamily units. SB 1211 defines “livable space” as “a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation,” clarifying existing State law. Section 17.110.050 D.1. is being amended to include this clarification.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
Pursuant to Section 21080.17 (Amended 8-27-24) of the California Public Resources Code, the adoption of the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA), in that CEQA does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law).
Therefore, the adoption of Loma Linda Council Bill No. O-2024-07 is exempt from CEQA
FISCAL IMPACT
There is no fiscal impact related to this Municipal Code amendment.
PUBLIC NOTICING
The public notice for this project was duly posted on October 10, 2024, in “The Sun” newspaper, as well as in three public places (City Hall, library, post office) as required by State law. Additionally, the notice was made available on the City’s website.
There have been no other written or oral comments received in opposition or in favor of Council Bill No. O-2024-07 (MDA2024-0026/DCA-2024-0005).
ATTACHMENTS
A. Council Bill #O-2024-07, Ordinance and Exhibit A
Attachments
Attachment A - Council Bill O-2024-07 - Ordinance and Exhibit.pdf ATTACHMENT A Council Bill O-2024-07
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA
LINDA, AMENDING IN PART, TITLE 17 (ZONING), CHAPTER 17.110 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS) OF THE LOMA LINDA MUNICIPAL CODE
WHEREAS, the City of Loma Linda wishes to serve the public health, safety, and general welfare and preserve the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, on April 13, 2021, the City Council adopted Ordinance No. 766, establishing Chapter 17.110 of the Loma Linda Municipal Code, to regulate Accessory Dwelling Units and Junior Accessory Dwelling Units within the City’s residential and mixed-use zoning districts; and, in accordance with State law, forwarded the enacting Ordinance to the State Department of Housing and Community Development (HCD) for compliance review; and WHEREAS, on February 11, 2022, HCD provided correspondence indicating that the City’s adopted Ordinance would require minor amendments in order to be deemed compliant with the latest requirements of the State law governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, since the time of HCD’s initial compliance review of the City’s Ordinance, followed by HCD’s updating of their ADU Handbook, the California Legislature continued to pass legislation affecting local agencies adopted regulations for ADUs and JADUs; specifically including Assembly Bill (AB) 2221 and Senate Bill (SB) 897 that went into effect on January 1, 2023; SB 477, enacted in March, 2024, and most recently SB 1211 that will go into effect January 1, 2025; and WHEREAS, amendments, as set for in “Exhibit A” to this Ordinance, are proposed for Title 17 (Zoning), Chapter 17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code through the City-initiated Master Development Application (MDA-2024- 0026)/Development Code Amendment (DCA-2024-0005) enabling a comprehensive update of the local regulation of ADUs and JADUs city-wide in compliance with State law; and WHEREAS, on October 2, 2024, the Planning Commission held a duly noticed public hearing on the proposed development code amendment and Ordinance, at which an oral and written presentation was made and comments received, and the Planning Commission made a recommendation to City Council to adopt the ordinance; and, WHEREAS, on _________________, 2024, the City Council conducted the first reading of the development code amendment and the second reading on __________________, 2024 where it adopted the Ordinance, approving Master Development Application (MDA-2024- 0026)/Development Code Amendment (DCA-2024-0005); and,
WHEREAS, the Planning Commission and City Council have reviewed the proposed amendments and find that Master Development Application (MDA-2024-0026)/Development Code Amendment (DCA-2024-0005) 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:
ATTACHMENT A
Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this ordinance are true and correct.
Section 2. Environmental Exemption. Pursuant to Section 21080.17 (Amended 8-27-24) of the California Public Resources Code, the adoption of the adoption of Loma Linda Council Bill No. O-2024-07 (MDA-2024-0026/DCA-2024-0005) is statutorily exempt from the California Environmental Quality Act (CEQA), in that CEQA does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code (the State ADU law).
Section 3. Approval. The Planning Commission recommended adoption and City Council hereby adopts Council Bill No. O-2024-07, which amends in part, Title 17 (Zoning), Chapter
17.110 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Loma Linda Municipal Code (MDA-2024-0026/DCA-2024-0005) 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 day of 2024 and was adopted on the day of 2024 by the following vote to wit:
Ayes:
Noes:
Absent:
Abstain:
Phil Dupper, Mayor
Attest:
Lynette Arreola, City Clerk
Exhibit A to Council Bill O-2024-07
Municipal Code Title 17
Chapter 17.110
ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
Sections:
17.110.010 Purpose and Intent.
17.110.020 Definitions.
17.110.030 Statutory Requirement and Mandatory Approval.
17.110.040 Permitted Zones.
17.110.050 Number and Types of Units Allowed.
17.110.060 Development Standards.
17.110.070 Additional Requirements.
17.110.080 Application and Permits.
17.110.10 Purpose and Intent.
A. Purpose. The purpose of this Chapter is to establish the requirements for the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Government Code Sections 65852.2 and 65852.22 66313, or any successor statute, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City, in compliance with Government Code Sections 66310 – 66342.
B. Intent. It is the intent of this Chapter that any construction, establishment, alteration, enlargement, or modification of an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit comply with the requirements of this Chapter and the City’s Building and Fire Codes.
An Accessory Dwelling Unit or Junior Accessory Dwelling Unit that conforms to the standards of this Chapter shall not be:
1. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.
2. Deemed to exceed the allowable density for the parcel on which the Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located.
3. Considered in the application of any City ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition as defined in Chapter 17.02 (Introduction and Definitions) or under the provisions of Chapter 17.22 (Nonconforming Uses). This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
17.110.020 Definitions.
The following definitions apply in order to enact the specific requirements of this Chapter:
Exhibit A to Council Bill O-2024-07
A. Accessory Dwelling Unit. An Accessory Dwelling Unit is a unit as defined by Government Code Section 65852.2 66313 to mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and shall have a bathroom, and shall be located on the same parcel as the single-family or multifamily dwelling. An Accessory Dwelling Unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as set forth in Section 18007 of the Health and Safety Code.
B. Attached Accessory Dwelling Unit. An Attached Accessory Dwelling Unit is a unit that shares at least one common wall with the primary dwelling.
C. Detached Accessory Dwelling Unit. A Detached Accessory Dwelling Unit is a unit constructed as a separate structure from a primary dwelling.
D. Efficiency Kitchen. An efficiency kitchen is a kitchen facility that contains a sink with a drain, a cooking facility with appliances that do not require natural gas, propane, or electrical service greater than 120 volts, and a dedicated area for food preparation counter space with storage cabinets.
E. Junior Accessory Dwelling Unit. A Junior Accessory Dwelling Unit is a unit as defined by Government Code Section 65852.22 66313 to mean a residential dwelling unit that is contained entirely within the area of a single-family dwelling. that provides living facilities for up to two persons. It shall include an efficiency kitchen, and may include a bathroom facility or share bathroom facilities within the single-family dwelling.
F. Multifamily Dwelling or Multifamily Development. For purposes of this Chapter, multifamily dwelling or multifamily development means a structure with two or more attached dwellings on a single parcel. Multiple detached single-family dwellings on the same parcel are not considered multifamily dwellings or multifamily development.
G. Objective Standard. For the purposes of this Chapter, an objective standard is a standard that involves no personal or subjective judgement by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
H. Passageway. For the purposes of this Chapter, a passageway means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the Accessory Dwelling Unit.
17.110.030 Statutory Requirement and Mandatory Approval.
An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be approved ministerially provided all applicable requirements of this Chapter are met. However, in no case shall any requirements for lot coverage, floor area ratio, open space, minimum lot size, front setback; any other requirements of this Chapter; or any provisions contained elsewhere in Title 17 (Land Use Development Code) be interpreted or implemented in any manner that would preclude the development of:
Exhibit A to Council Bill O-2024-07
A. Accessory Dwelling Unit. Any Accessory Dwelling Unit that is up to 800 square feet in size, which has an overall height above grade of no more than 16 feet, and provides minimum four-foot-wide side and rear yard setbacks.
B. Junior Accessory Dwelling Unit. Any Junior Accessory Dwelling Unit that is 500 square feet or smaller in size and contained within an existing or proposed single-family dwelling.
17.110.040 Permitted Zones.
A. Single-Family Zones. An Accessory Dwelling Unit and/or a Junior Accessory Dwelling Unit shall be permitted in conformance with the requirements of this Chapter in all zoning districts allowing single-family development, on parcels developed with existing singlefamily dwellings, or in conjunction with a proposed single-family dwelling.
B. All Zones. Accessory Dwelling Units shall be permitted in conformance with the requirements of this Chapter in all zoning districts allowing or proposing residential development or mixed land use development that includes residential, or on parcels developed with existing residential dwellings where the existing zoning district allows residential uses. An Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall not be created on any parcel that is no longer zoned for residential uses, regardless of whether such parcel is developed with residential structure(s).
17.110.050 Number and Types of Units Allowed.
A. Single-Family Accessory Dwelling Unit. A parcel developed with one existing or proposed single-family dwelling that is located within a zoning district permitting residential uses, shall be permitted to establish one Accessory Dwelling Unit by one of the following means:
1. As a unit attached to an existing or proposed single-family dwelling.
2. As a new detached structure.
3. As an addition attached to an existing or proposed accessory structure.
4. As a conversion of an existing or proposed single-family residence or detached accessory structure, including the addition of up to 150 square feet of newly constructed space as necessary for providing ingress/egress to the unit.
5. Reconstruction of an existing detached accessory structure or habitable area that is proposed to be converted to an Accessory Dwelling Unit, or a portion thereof, in the same location and with the same dimensions and setbacks as provided for the original structure.
B. Single-Family Junior Accessory Dwelling Unit. A parcel developed with one existing or proposed single-family dwelling that is located within a zoning district permitting singlefamily uses, shall be permitted to establish one Junior Accessory Dwelling Unit by one of the following means:
1. As a unit contained entirely within the walls, including both livable and non-livable space, of the existing or proposed single-family dwelling that must be the primary dwelling on an individual parcel.
Exhibit A to Council Bill O-2024-07
2. As a unit created within a garage attached to the existing single-family dwelling that must be the primary dwelling on an individual parcel.
C. Unit Combination Limit for Single-Family. The number and combination of units where a parcel is developed with one existing or proposed single-family dwelling is limited to either the following:
1. One Attached Accessory Dwelling Unit within the existing or proposed space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety, plus one Junior Accessory Dwelling Unit; or and
2. One Detached Accessory Dwelling Unit constructed in conformance with all applicable development standards of this Chapter, plus one Junior Accessory Dwelling Unit.
D. Multifamily Accessory Dwelling Units. A parcel developed with an existing multifamily development that is located in a zoning district permitting residential development or mixed land uses that include residential development, shall be permitted to establish Accessory Dwelling Units by one of the following means:
1. By converting non-habitable space, including, but not limited to, storage rooms, passageways, attics, basements, and attached garages, within the walls of an existing multifamily building. Non-habitable space does not include any area of the multifamily building that is intended for human habitation, including living, sleeping, eating, or sanitation.
2. By constructing a new detached structure that is 800 square feet or smaller in size, has an overall height above grade of no more than 16 feet, and provides minimum four-foot-wide side and rear yard setbacks.
E. Unit Limitation for Multifamily. The number of units where a parcel is developed with existing multifamily dwellings is limited to either:
1. A maximum of 25 percent of the existing number of multifamily dwelling units where non-habitable space is being converted, with fractional amounts rounded down; or
2. A maximum of two eight Detached Accessory Dwelling Units, each of which is constructed independently of each other and the existing multifamily dwellings, and in conformance with all applicable development standards of this Chapter, provided that the number of Accessory Dwelling Units does not exceed the number of existing units on the parcel. Where a multifamily building is proposed, the maximum number of Detached Accessory Dwelling Units is limited to two.
17.110.060 Development Standards.
The development standards of the zone in which an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is located shall apply unless specifically modified by the provisions within this Chapter and as follows:
Exhibit A to Council Bill O-2024-07
A. Minimum Parcel Area. There shall be no minimum parcel area required in order to establish an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit in any zone.
B. Setback Requirements. Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with the setback requirements applicable to the zoning district, with the following exceptions:
1. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the setback provided for the existing structure.
2. For replacement of an existing enclosed structure, garage, or carport, no existing additional setback is required, beyond that which was existing. This provision shall only apply to Accessory Dwelling Units that are replacing existing structures within the same footprint and do not increase the existing structure’s size and/or height.
3. Newly constructed Accessory Dwelling Units shall provide a minimum setback of four feet from all side and rear property lines, whether Attached or Detached.
4. No part of an Accessory Dwelling Unit may be closer to the front property line than the front plane of the primary dwelling or 25 feet, whichever is less.
5. If the front yard setback is the only location on the lot where an Accessory Dwelling Unit may be lawfully constructed, then the Accessory Dwelling Unit may encroach into the required front yard setback as necessary to enable the construction of an 800- square foot unit.
C. Building Height. Newly constructed Accessory Dwelling Units shall not exceed an overall height above grade of sixteen16 feet, with the following exceptions.:
1. If located within a half-mile of a major transit stop or high-quality transit corridor as defined in California Public Resources Code Section 21155, a Detached Accessory Dwelling Unit that is on the same parcel with either a single-family or multi-family dwelling may be up to 18 feet in height, with an allowance of up to two additional feet, for a maximum of 20 feet, if necessary to match the roof pitch of the primary dwelling.
2. If a Detached Accessory Dwelling Unit is on the same parcel with an existing or proposed multistory, multifamily dwelling, the unit may be up to 18 feet, regardless of proximity to transit.
3. An Attached Accessory Dwelling Unit may be up to 25 feet in height or the primary dwelling height limit of the underlying zoning district, whichever is lower, and limited to two stories.
D. Unit Size. The following unit sizes shall apply:
1. The maximum size of a Detached or Attached Accessory Dwelling Unit is 850 square feet for a unit of up to one bedroom, and 1,000 square feet for a unit with two bedrooms or more.
Exhibit A to Council Bill O-2024-07
2. An Attached Accessory Dwelling Unit that is established on a parcel with an existing single-family dwelling is further limited in size to a maximum of 50 percent of the floor area of the existing single-family dwelling up to the above stated maximum size, whichever is greater.
3. The maximum size of a Junior Accessory Dwelling Unit shall be 500 square feet.
4. The minimum size of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be at least that of an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
5. There is no size requirement or limit for an Accessory Dwelling Unit converting an existing accessory structure or portion of an existing primary dwelling, unless such conversion includes more than the allowable 150 square foot new construction necessary to provide ingress/egress to the unit; in which case, the size limitations of this subsection shall apply.
E. Design - General. The exterior of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit established by this Chapter shall match the architectural style, colors, finish materials, roof pitch and eave depth, windows, doors, trim, hardware, light fixtures of the primary dwelling on the parcel; and shall comply with any objective design standards adopted by the City that are applicable to the zone in which it is located.
F. Design – Historic Resource. An Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit on a parcel designated as an historical resource listed on the National Register, the California Register of Historic Places, or designated as a local landmark or contributor within the Historic Mission Overlay District shall be subject to applicable requirements of Chapter 17.80 (Historic Preservation) and Chapter 17.82 (Historic Mission Overlay District) and generally to the following:
1. The establishment of the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall not result in or require a change to the street-facing façade of the primary dwelling.
2. Any other changes required to be made to the other elevations on the exterior of the primary dwelling shall exactly match the existing architectural style, colors, finish materials, roof pitch and eave depth, windows, doors, trim, hardware, light fixtures of the primary dwelling on the parcel, and shall meet all applicable Secretary of the Interior Standards.
3. A parcel with a valid Mills Act Contract shall be subject to adhering to the standards and conditions of that Contract as may be applicable.
F. Fire Sprinklers. An Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall comply with applicable requirements of the State Fire Code as adopted, including any amendments, of Title 15 (Building and Construction), including any fire sprinkler requirement. If fire sprinklers are not required for the primary dwelling pursuant to the applicable sections of Title 15 (Building and Construction), then fire sprinklers shall not be required separately for the Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit.
Exhibit A to Council Bill O-2024-07
G. Access. Every Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall have direct exterior access independent of the exterior access of the primary dwelling. The entrance shall, whenever possible, shall be located on a different side of the structure from the entrance to the primary dwelling unit.
H. Passageway. No passageway, as defined herein, shall be required in conjunction with the construction of an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit.
I. Parking. Parking shall comply with the applicable requirements of Chapter 17.24 (Parking Regulations) with exception to the following:
1. One off-street parking space is required for each Attached and Detached Accessory Dwelling Unit subject to the following:
a. Parking may be provided as tandem parking, including on a paved driveway; however, no parking shall be permitted in the front setback unless the driveway has a minimum depth of 20 feet.
b. Parking must be located on the same parcel as the unit, on a paved surface, without encroachment beyond the parcel boundaries, and accessible by a paved pathway.
2. No additional parking shall be required for:
a. Junior Accessory Dwelling Units;
b. Accessory Dwelling Units converted as part of a proposed or existing space of a primary dwelling or existing accessory structure;
c. Accessory Dwelling Units located within one-half mile walking distance of public transit, which shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; d. Accessory Dwelling Units located within the Historic Mission Overlay District; e. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; or
f. When there is a car-share vehicle, a program that allows customers hourly access to shared vehicles from a dedicated home location, with the vehicles required to be returned to that same location at the end of the trip, located within one block of the Accessory Dwelling Unit.
3. Replacement. When a garage, carport, uncovered parking space, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit on the same parcel or is converted to an Accessory Dwelling Unit, those off-street parking spaces are not required to be replaced. This provision does not apply where a Junior Accessory Dwelling Unit is established by conversion of any attached garage; in which case, the loss of parking spaces serving the single-family residence shall be replaced in kind.
Exhibit A to Council Bill O-2024-07
J. Impact Fees/Utility Connection. All Accessory Dwelling Units and/or Junior Accessory Dwelling Units shall be connected to public utilities (or their equivalent), including water, electric, and sewer services subject to the following:
1. The parcel owner shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000.35 seq., except as specifically provided in Government Code Sections 65852.2 66324 and 65852.22 66338. For the purposes of this Subsection, impact fees do not include any connection fee or capacity charge for water or sewer service.
2. No separate connection between the Accessory Dwelling Unit and/or the Junior Accessory Dwelling Unit and the utility shall be required for units created within a single-family dwelling.
3. If the primary dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, Accessory Dwelling Units and Junior Accessory Dwelling Units may connect to the on-site wastewater treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years.
4. No City-imposed impact fees shall be charged to an Accessory Dwelling Unit that is less than 750 square feet in size.
5. For Accessory Dwelling Units 750 square feet or larger, City-imposed impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.
6. If any agency or special district other than the City imposes impact fees collected by the City, the City shall collect such fees in accordance with such agency’s or district’s fee schedule.
17.110.070 Additional Requirements.
A. No Separate Conveyance. Except as otherwise provided in Government Code Section 66341, Aan Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be rented, but no Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-family dwelling) or from the parcel and all of the dwellings (in the case of a multifamily dwelling).
B. Short-Term Lodging. The Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit shall not be rented for periods of thirty (30) days or less.
C. Owner Occupancy Requirements. The following owner occupancy requirements shall apply:
1. Where a Junior Accessory Dwelling Unit is established as part of a single-family dwelling, a natural person with legal or equitable title to the parcel must reside in either the primary dwelling or the Junior Accessory Dwelling Unit as the person’s legal domicile and permanent residence. However, this owner occupancy requirement shall Exhibit A to Council Bill O-2024-07
not apply to any Junior Accessory Dwelling Unit owned by a governmental agency, land trust, or housing organization.
2. Where an Accessory Dwelling Unit is established between January 1, 2020, but prior to January 1, 2025, an owner occupancy requirement shall not apply, except as required for a Junior Accessory Dwelling Unit on the same parcel.
3. Where an Accessory Dwelling Unit is established on or after January 1, 2025 as part of a single-family dwelling, a natural person with legal or equitable title to the parcel must reside in either the primary dwelling or the Accessory Dwelling Unit as the person’s legal and permanent residence, an owner occupancy requirement shall apply.
D. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for a Junior Accessory Dwelling Unit, the owner of the parcel shall record a deed restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the Junior Accessory Dwelling Unit exists on the parcel.
17.110.080 Application and Permits.
A. Ministerial Action. Approval or denial of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit application that complies with the provisions of this Chapter is a ministerial action not subject to discretionary review. The City has the authority to review applications for completeness and compliance with the provisions of this Chapter.
B. Planning Land Use Permit. In conjunction with submittal of a bBuilding pPermit application to construct any Accessory Dwelling Unit or Junior Accessory Dwelling Unit, the owner of a parcel shall obtain planning approval zoning clearance from the City through submittal of a Land Use Planning Permit. In addition to providing plans and specifications, the owner shall provide an estimate of the projected annualized rent that will be charged for the Accessory Dwelling Unit and/or Junior Accessory Dwelling. The City shall issue the permit within 60 days from the date that the City received a completed application, unless either:
1. The owner of the parcel requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or
2. The application to create an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted with an application to create a new single-family dwelling on the same parcel. The City may delay acting on the permit application for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit or Junior Accessory Dwelling Unit will still be considered ministerial and acted upon without discretionary review or a hearing.
Exhibit A to Council Bill O-2024-07
C. Deviations from Requirements of this Chapter. The provisions for a Minor Deviation Variance as provided in Chapter 17.30 (Administration) shall not apply to the establishment of Accessory Dwelling Units and/or Junior Accessory Dwelling Units. All deviations from the development standards of this Chapter shall require approval of a Variance by the Planning Commission subject to all requirements of Chapter 17.30 (Administration) and shall be subject to any other discretionary review, hearing(s), and approval action.
D. Building Permit. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall require a Building Permit, subject to all the standard application and processing fees and procedures that apply to Building Permits generally. Applications for a Land Use Planning Permit and a Building Permit shall be submitted and processed concurrently, including a demolition permit for a detached garage that is to be replaced with an Accessory Dwelling Unit, if applicable.
E. Fees. All applications for Accessory Dwelling Units must be accompanied by the required application fee. Application fees are established by Council resolution.
F. Denial. Where an application for an Accessory Dwelling Unit is subject to an action of denial, the following shall apply:
1. Should the application be denied, the City shall provide a list of items that were found deficient in the application submittal. The denial shall be without prejudice and allow for a new application to be submitted that remedies the denied application based upon such list.
2. An approval shall not be withheld or an application denied to create an Accessory Dwelling Unit solely on the basis that corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the same parcel that do not present a threat to public health and safety, and are not affected by the construction of the Accessory Dwelling Unit. This provision does not insulate the property owner from the City requiring compliance or enacting enforcement measures separately from the application and construction of the Accessory Dwelling Unit.
City of Loma Linda
Regular City Council Staff Report
A. Demands Registers - October 8 and 22, 2024 [Finance] Approve the demands for payment
Meeting
Tuesday, October 22, 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 10-08-24.pdf
CC Demands Register 10-22-24.pdf
!VOUCHER IDATE
CITY OF LOMA LINDA
VOUCHER LIST
10/22/2024
!VENDOR !VENDOR NAME I INVOICE IP.O. !INVOICE DESCRIPTION Total Checks (Total from previous page):
PAYROLL: 10/10/2024 $577,214.38
CLAIMS VOUCHER APPROVAL
I have reviewed the above listing of payments on check nos. 708298 through 708392 for a total disbursement of $1,641,602.95 and to the best of my knowledge, based on the information provided, � � they are correct and are recommended for payment.
Sonia Fabela, Finance Director
Recommend that City Council approve for payment.
T. Jarb Thaipejr, City Manager
Approved by the City Council at their meeting held on October 22, 2024 and the City Treasurer is to pay except as noted.
Phillip Dupper, Mayor
Grand Total =
AMOUNT!
$1,641,602.95
$1,641,602.95
City of Loma Linda
Regular City Council Staff Report
Approval of Minutes September 24, 2024 [City Clerk]
Approve the minutes
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3B.
To
City Council
From
Lynette Arreola, City Clerk
Attachments
Regular City Council-09-24-2024-minutesDraft.pdf
Approval of Minutes for Regular City Council held on 09-24-2024 Minutes for the Regular City Council
25541 Barton Road, Loma Linda, CA 92354
September 24, 2024, 5:30 PM - September 24, 2024, 8:45 PM Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Ovidiu Popescu, Councilmember
Rhodes Rigsby, Councilmember
Rhonda Spencer-Hwang, CouncilMember
1. Call to Order
1A. Call to Order- 5:30 PM
The meeting was called to order at 5:30pm and immediately went into Close Session. The regular meeting resumed at 7:09 pm.
1B. Roll CallStaff Present:
T. Jarb Thaipejr, City Manager
Diane Robbins, City Attorney
Lynette Arreola, City Clerk
Sonia Fabela, Finance Director
Dan Harker, Fire Chief
Lorena Matarrita, Community Development Director
Kyle MacGavin. Information Systems Manager
Lt. Kaysie Smith, San Bernardino County Sheriff's Department 1C. Closed Session: 5:30 pm- 5:30 PM
The regular meeting resumed at 7:09 pm. City Attorney Robbins stated that the City Council met in Closed Session to discuss Labor Negotiations and that direction was given to City Staff. 1D. Invocation and Pledge of Allegiance - Councilmember Spencer-Hwang- 7:09 PM The invocation and Pledge of Allegiance was led by Councilmember Spencer-Hwang. 1E. Items to be Added or Deleted- 7:09 PM
No items were added or deleted.
1F. Oral Reports/Public Participation - Non-Agenda Items (Each Speaker limited to 3 minutes.
Pursuant to the Brown Act, no action or discussion can be taken by City Council)- 7:09 PM Brian Moore, Evelyn Collins and Kaylani Collins spoke in support of Amy Jones and the Community Gardens and asked for more community engagement from the City Council. 1G. Conflict of Interest Disclosure- 7:15 PM
No items of conflict of interest were disclosed.
2. Scheduled and Related Items
2A. Recognition of Public Works Department Employees - Edward Aguilar and Carlos Flores [City Manager]- 7:15 PM
An email of recognition was sent to the Mayor acknowledging Edward Aguilar and Carlos Flores for their honesty and integrity. Certificates of Recognition were presented to Mr. Aguilar and Mr. Flores. 2B. Recognition of Amy Jones, Community Garden- 7:18 PM A Proclamation was presented to Amy Jones recognizing her for restarting and reviving the Community Garden and the many other services Ms. Jones has provided to Loma Linda University. 2C. Recognition of Nate Boucher from Mission Elementary School- 7:24 PM Fire Battalion Chief Nate Boucher was honored by Mission Elementary School for his leadership in the Fireman Leadership Academy program, which has provided valuable mentorship and support to the students.
Battalion Chief Boucher thanked Mission Elementary School and acknowledged and thanked the Fire Department Firefighters who were in attendance for their participation in the Fireman Leadership Academy program.
2D. Presentation from San Bernardino Community College District [San Bernardino Community College District] - 7:30 PM
Ynez D. Canela, Associate Director, Legislative & Community Relations for San Bernardino Community College District, spoke on behalf of Chancellor Diane Rodgriguez who could not attend, and provided a PowerPoint presentation highlighting the Colleges' impact on the Community. The City Council thanked Ms.
Canela for her presentation.
2E. PUBLIC HEARING - Council Bill #R-2024-32 - Establishing Refuse Rate Collection and Disposal Rates Effective October 1, 2024, and Repealing Resolution No. 3184 [Public Works] [Continued from September 10, 2024]- 7:40 PM
Public Hearing was opened at 7:43 PM and closed at 7:43 PM City Manager Thaipejr presented the report, noting that the City's franchise agreement allows for an annual rate adjustment based on the Consumer Price Index (CPI) from the U.S. Department of Labor, Bureau of Labor Statistics, to take effect each July. He mentioned that the City received 14 letters contesting the proposed rate increase but recommended that the City Council approve the adjustment.
The Mayor opened and closed the public hearing with no participation.
Councilmember Popescu inquired whether, if the City Council did not approve the rate increase for residents, the City would still be required to cover the increased costs. In response, City Manager Thaipejr confirmed that it would cost the City $170,000 annually, with the amount increasing each year. He added that this would worsen the City's budget deficit if the fees were absorbed by the City. He also noted that Loma Linda currently has one of the lower trash rates in the area. A request was made to provide the Council with a comparison of trash rate fees from neighboring cities.
Motion by Ronald Dailey, seconded Ovidiu Popescu, and passing by a vote of 4-1-0-0-0 Opposed by Ovidiu Popescu
to Adopt Council Bill #R-2024-32, RESOLUTION NO. 3229 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOMA LINDA, CALIFORNIA, ESTABLISHING MAXIMUM REFUSE COLLECTION AND DISPOSAL RATES EFFECTIVE OCTOBER I, 2024, AND REPEALING RESOLUTION NO. 3184
3. Consent Calendar
Motion by Rhodes Rigsby, seconded Ronald Dailey, and passing by a vote of 5-0-0-0-0 to Approve the Consent Calendar items as submitted.
3A. Demands Registers - August 27 and September 10, and 24, 2024 [Finance]- 7:50 PM Approved the Demands Registers dated:
3B. Approval of Minutes - July 9, 2024- 7:50 PM
Approved the minutes of July 9, 2024, as submitted.
3C. Approval of Minutes - August 13, 2024- 7:50 PM
Approved the minutes of August 13, 2024, as submitted.
3D. Approval of Minutes - September 10, 2024- 7:50 PM
Approved the minutes of September 10, 2024, as submitted. 3E. Treasurer's Report - August 2024 [Finance]- 7:50 PM Accepted the Treasurer's Report for filing.
3F. Fire Department's Activity Report - August 2024 [Fire]- 7:50 PM Accepted the Fire Department's Activity Report for filing. 3G. Award Contract to Doug Martin Contracting Co., Inc. for Pavement Rehabilitation by Slurry Seal Method at Various Locations (CIP 24-121) [Public Works]- 7:50 PM Awarded the contract to Doug Martin Contracting Company, Inc. of La Habra, CA for $130,873.02 and authorized a contingency allocation of $13,000.
3H. Award contract to West Coast Arborist for Annual Tree Maintenance Services for Fiscal Year 2024/25 [Public Works] - 7:50 PM
August 27, 2024, with commercial demands totaling $1,017.98 and Payroll dated August 15, 2024, totaling $494,702.26;
September 10, 2024, with commercial demands totaling $744,408.29 and Payroll dated August 29, 2024, totaling $485,420.07; and
September 24, 2024, with commercial demands totaling $3,008,521.60 and Payroll dated September 12, 2024, totaling $527,219.62.
Awarded contract to West Coast Arborist, Inc. in an amount not to exceed of $156,000.00 for this fiscal year.
3I. Award Contract to HydroPro Solutions Inc. to Purchase 112 Allegro 4G Domestic Water Meters [Public Works]- 7:50 PM
Awarded contract to HydroPro Solutions, Inc. for for $47,681.19. 3J. Council Bill #R-2024-31 - A Resolution adopting a Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030 [Public Works]- 7:50 PM Adopted Resolution No. 3230 - to Adopt Council Bill #R-2024-31:
RESOLUTION NO 3230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030.
3K. Council Bill #R-2024-33 A Resolution Approving a Reclassification of the Administrative Specialist II To Planning Technician- 7:50 PM
Adopted Council Bill #R-2024-33:
RESOLUTION NO. 3231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, APPROVING A
RECLASSIFICATION OF THE ADMINISTRATIVE SPECIALIST II TO PLANNING TECHNICIAN 3L. Council Bill #R-2024-34 - Modifying Conditions of Employment, Benefits, and Salary for the Members of The Teamsters (Public Works); Teamsters (Administration); Loma Linda Professional Firefighters, Local 935; Unrepresented Loma Linda Fire Management Unit; and Unrepresented Management/Confidential Employees Effective July 1, 2024.- 7:50 PM Adopted Council Bill #R-2024-34:
RESOLUTION NO 3232
A RESOLUTION OF THE LOMA LINDA CITY COUNCIL, MODIFYING CONDITIONS OF EMPLOYMENT, BENEFITS, AND SALARY FOR THE MEMBERS OF THE TEAMSTERS (PUBLIC WORKS); TEAMSTERS (ADMINISTRATION); LOMA LINDA PROFESSIONAL FIREFIGHTERS, LOCAL 935; UNREPRESENTED LOMA LINDA FIRE MANAGEMENT UNIT; AND UNREPRESENTED MANAGEMENT/CONFIDENTIAL EMPLOYEES EFFECTIVE JULY 1, 2024. 3M. Approve Three-Year Lease Agreement with San Bernardino County for the Library (Contract No. 08-431 A-6) [Public Works]- 7:50 PM
Approved three-year Lease Agreement with San Bernardino County Library (Contract No. 08-431-A-6). 3N. Agreement with Lilburn Corporation to prepare the environmental review documents for Precise Plan of Design No. P21-247 [Community Development]- 7:50 PM Approved Agreement with Lilburn Corporation.
3O. Amendment to the Professional Services Agreement with Romo Planning Group to include an Air Quality Analysis for the proposed LLU Pediatric Medical Office Building - Precise Plan of Design No. P23-180 [Community Development]- 7:50 PM
Approved Amendment to the Professional Services Agreement with Romo Planning Group. 3P. Agreement with Packet Fusion Inc. for VoIP Phone Services [Information Systems]- 7:50 PM Approved Agreement with Packet Fusion, Inc. as recommended. 3Q. Agreement with Techstrata regarding Support Services [Information Systems/LLCCP]- 7:50 PM
Approved Agreement with Techstrata as recommended.
3R. Council Bill #R-2024-35 - A Resolution Initiating Annexations 78 & 79 to Landscape Maintenance District No. 1 and scheduling a Public Hearing for November 12, 2024, for Annexation to Landscape Maintenance District No. 1 (Tract 20417 – Gold Crest & Tract 20442 - Sierra Crest) [Public Works]- 7:50 PM
Adopted Council Bill #R-2024-35:
RESOLUTION NO. 3233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORIES TO LOMA LINDA LANDSCAPE MAINTENANCE DISTRICT NO. I, AS ANNEXATION NO. 78 (GOLD CREST -TRACT 20417) AND ANNEXATION NO. 79 (SIERRA CREST -TRACT 20442), DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES
ACT, PRELIMINARILY APPROVING THE ENGINEER'S REPORT, AND DECLARING THE CITY'S INTENTION TO
ORDER THE ANNEXATIONS, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 3S. Notice of Completion of the Construction of Concrete "V" Ditch at Richardson Street - Contractor: Crimson Marie Company (CIP 24-413) [Public Works]- 7:50 PM Accepted the project as complete by Crimson Marie Company with the final project cost of $57,873.27 and authorized the recordation of the Notice of Completion.
4. Old Business
No items scheduled.
5. New Business
5A. Consider Taking Action to Establish a Revenue-Generating Committee, Including the Number of Members, Appointments and Terms; Mission/Purpose; Duties; and Goals [Councilmember Spencer-Hwang]- 7:51 PM
Councilmember Spencer-Hwang gave a brief presentation discussing the establishment of a Revenue Generating Committee to explore ways to develop revenue enhancements, diversification strategies that will be reported to the City Council. She discussed the committee's membership and proposed goals. She is willing to work with City staff to appoint members.
City Attorney Robbins clarified what is not a legislative body and not be subject to the Brown Act is a temporary advisory committee composed solely of less than a quorum of the legislative body (a maximum of 2 councilmembers) that serve a limited or single purpose; that is not perpetual; and that it will be dissolved once its specific task is completed. She clarified that the report was not prepared by staff, but by Councilmember Spencer-Hwang.
The City Council agreed to establish a temporary advisory committee, not subject to the Brown Act, allowing the committee to define its own scope and report back to the Council as relevant content develops.
Mayor pro tempore Dailey commended Councilmember Spencer-Hwang for proposing an alternative plan for revenue generating options for the City and hoped it will be supported by the City Council.
Motion by Rhonda Spencer-Hwang, seconded Ronald Dailey, and passing by a vote of 4-1-0-0-0 Opposed by Ovidiu Popescu
to ESTABLISH a temporary Revenue-Generating Advisory Committee for a one-year term with a single defined purpose that is not perpetual and will be dissolved upon the completion of its specific task. They will report to the City Council as relevant content develops. 5B. Discussion of the Redlands Unified School District (RUSD) of their Intent to Establish a Community Facilities District and Authorizing a Levy of a Special Tax therein and Providing for the Annexation of Territory Proposed for Annexation in the future. - 8:13 PM Mayor Dupper stated that the City Council received a Letter of Intent from the Redlands Unified School District (RUSD) and asked to place it on the agenda for discussion. He noted that the RUSD appears to be forming a district to levy taxes on residents within their boundaries. He reached out to the mayors of Redlands and Highland and mentioned that this matter will likely go before LAFCO.
City Attorney Robbins explained that, based on her review of the RUSD report, it is the developers who are requesting the formation of a Community Facilities District (CFD), which would create a Mello-Roos district.
She emphasized that as long as proper procedures are followed, they have the right to pursue this.
However, the City can still express its opinion on the matter.
There was further discussion highlighting that the City Council has historically not supported any residential projects that sought to impose a Mello-Roos tax, and expressed concern to how this CFD will affect residential development in the City that are currently being developed. The Council reached a consensus to draft a letter opposing the establishment of this district. Mayor Dupper stated that he would share the City's position with the other cities he had discussed this matter.
6. Reports
6A. Reports of Council Members- 8:33 PM
Councilmember Spencer-Hwang shared that she had received concerns from the principal of Mission Elementary School regarding the number of homeless encampments located near the school. They inquired if the City could establish an ordinance to regulate the distance of homeless encampments from schools. Additionally, they expressed safety concerns related to traffic around Mission Elementary.
Mayor Pro Tempore Dailey acknowledged these concerns but reminded the Council that there had been prior discussions with Mission Elementary School regarding whether to retain the school at its current location or move it elsewhere. The school wanted to stay at its current location. It was noted that the rehab of Mission School was receiving Rehabilitation Funds from the State of California. Lewis Homes offered to build a new school and fund the project, but the school declined the offer.
It was also mentioned that the homeless encampments near Mission School are located in areas under the jurisdiction of the County and the City of Redlands, not Loma Linda, which limits the City's ability to enforce regulations in that area.
Councilmember Popescu shared that he had spoken with businesses along Redlands Blvd. who commended the Sheriff's Department for their prompt response to issues involving homeless individuals.
He also mentioned that he recently met with Councilmembers from various cities to discuss a growing crisis in the state regarding homeowners insurance. The League of California Cities (LOCC) is adopting resolutions and hopes to gather support from larger entities across the state to put pressure on the California Insurance Commissioner to address this issue. They may ask cities to pass similar resolutions in support. Lastly, he met with a company at the ESRI Conference that had valuable demographic information on Loma Linda, which he believes would benefit the City. He directed the company to connect with City staff.
6B. Reports Of Officers- 8:45 PM
No reports from Officers.
7. Adjournment
The meeting adjourned at 8:45 pm.
City of Loma Linda
Regular City Council Staff Report
C. Treasurer's Report - September 2024 [Finance]
Accept for Filing
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3C.
To
City Council
From
Sonia Fabela, Finance Director
RECOMMENDATION:
It is recommended that the City Council receive the report for filing.
Attachments
Sept 24 TREAS REPORT.pdf
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 3,350,868.21 Outstanding Checks as of month-end (2,607,710.65)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 743,157.56 $ BANK OF AMERICA - PAYROLL $ 21,031.58
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 341,227.15 Outstanding Checks as of month-end (536.79)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 340,690.36 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 22,820.79 Outstanding Checks as of month-end (4,025.00)
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 18,795.79 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 1,123,675.29
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 4.575% $ 53,513,356.48
CITY - Former RDA Bond Proceeds 4.575% 433,564.46
CITY -Total 53,946,920.94
SUCCESSOR RDA 4.575% 211,252.81
HOUSING AUTHORITY 4.575% 1,393,968.32
INVESTMENTS TOTALS $ 55,552,142.07
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 56,677,667.36
PREVIOUS MONTH 57,012,130.38
CHANGE +/(-) $ (334,463.02)
All investments are in accordance with the City Investment Policy, and as such, sufficient funds are available to meet the cash flow requirements of Loma Linda, including the next thirty days' obligations.
Treasurer
September 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 9/23 10/23 11/23 12/23 1/24 2/24 3/24 4/24 5/24 6/24 7/24 8/24 9/24
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 09/23-09/24
CITY, SUCCESSOR RDA & HA - TOTAL CASH AVAILABLE CITY- FORMER RDA BOND PROCEEDS BASELINE City of Loma Linda
Regular City Council Staff Report
D. Fire Department's Activity Report - September 2024 [Fire] Accept for Filing
Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3D.
To
City Council
From
Nataly Alvizar, Executive Aide
RECOMMENDATION:
It is recommended that the City Council receive the report for filing.
Attachments
September 2024 Fire Activity Report.pdf
1 of 1
SUBJECT: September 2024 Fire Department Activity Report Operations Division:
The Fire Department’s Operations Division responded to 413 incidents in September 2024.
There were 27 calls/incidents given or received in Mutual/Automatic Aid. The alarm types are broken down as follows:
Fire & Rescue Month YTD
Medical Aid (MA) 261 63.2% 2620 67.8%
Traffic Collision (TC) 8 1.9% 117 3.0%
MA + TC 269 65.1% 2737 70.8%
Hazardous Conditions 1 2.40% 26 0.70%
Hazardous Material 2 0.40% 10 0.40%
Public Assistance 21 6.90% 192 5.50%
Rescue 2 0.90% 12 0.60%
Structure Fire 1 2.10% 24 1.00%
Cooking 0 0.00% 3 0.10%
Vegetation Fire 3 0.40% 31 0.70%
Vehicle Fire 1 0.00% 9 0.10%
Refuse Fire 5 1.10% 70 1.40%
All Fires 10 3.60% 137 3.30%
Good Intent/Dispatched
& Cancelled Enroute 63 15.3% 325 8.4%
Fire Alarm Activation* 18 4.4% 164 4.2%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.
City of Loma Linda
Regular City Council Staff Report
E. Appropriate $90,000 from Park Development Fund then Award Contract to RG General Engineering for Construction of Pickleball Courts at Leonard Bailey Park (CIP 24-757) [Public Works] Appropriate $90,000 from Park Development Fund and Award Contract in the amount of $236,149.00 Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3E.
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that City Council appropriates $90,000 from Park Development fund into expenditure account 3045320-58250 then awards contracts for 1) pickleball court construction to RG General Engineering of Norco, CA in the amount of $236,149.00; 2) construction surveying services not to exceed $3,000 to Joseph E. Bonadiman & Associates, Inc.; 3) Geotechnical testing and services not to exceed $5,310 to Geocon West, Inc. and authorize a contingency allocation of $23,600. Additionally, it is recommended that City Council authorize the purchase of eight (8) field lighting units complete with poles for $21,601.72 from NLS Lighting, Inc. of Carson, CA. 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 the construction of a pickleball court as requested to be installed at Lenard Bailey Park. The lighting equipment to be purchased then installed by City forces.
ANALYSIS:
Six (6) bids were received and publicly opened on October 15, 2024. Bids ranged from a low of $236,149.00 to a high of $427,460 (see attached bid summary). The low bidder, RG General Engineering of Norco, 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. Staff recommends an allocation of ±10% of the construction amount ($23,600.00) for a contingency allocation.
Three (3) bids were received from lighting equipment suppliers, bid summary attached. The low quote is from NLS Lighting, Inc., of Carson CA. They have previously supplied lighting equipment to the City.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Appropriate $90,000 from Parks Development Funds into expenditure account 3045320-58250 then is available in Account No. 3045320-58250, Park Development Fund.
Attachments
Bid Results - Construction of Pickleball Courts.pdf
Bid Results - Pickleball Lighting 2024.pdf
Agreement - Pickleball Court 2024.pdf
Construction of Pickleball Courts
Bid opening October 15, 2024 (CIP 24-757)
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization L.S. 1 $20,000.00 $20,000.00 $54,447.00 $54,447.00 2 Clearing&Grubbing EA. 1 $15,000.00 $15,000.00 $27,512.00 $27,512.00 3 Conceret court S.F. 4,736 $35.00 $165,760.00 $15.00 $71,040.00 4 Surfacing L.S. 1 $15,000.00 $15,000.00 $17,929.00 $17,929.00 5 Netting L.S. 1 $8,000.00 $8,000.00 $8,570.00 $8,570.00 6 Sidewalk S.F. 150 $20.00 $3,000.00 $13.00 $1,950.00
7 Fencing L.S. 1 $40,000.00 $40,000.00 $46,000.00 $46,000.00 8 Remove tree EA. 9 $150.00 $1,350.00 $397.00 $3,573.00 9 Install park bench EA. 4 $500.00 $2,000.00 $1,282.00 $5,128.00 Total $270,110.00 $236,149.00
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization L.S. 1 $28,000.00 $28,000.00 $40,713.75 $40,713.75 2 Clearing&Grubbing EA. 1 $25,000.00 $25,000.00 $43,692.38 $43,692.38 3 Conceret court S.F. 4,736 $18.80 $89,036.80 $16.23 $76,865.28 4 Surfacing L.S. 1 $35,000.00 $35,000.00 $17,037.50 $17,037.50 5 Netting L.S. 1 $6,000.00 $6,000.00 $9,987.50 $9,987.50 6 Sidewalk S.F. 150 $67.00 $10,050.00 $28.59 $4,288.50
7 Fencing L.S. 1 $40,000.00 $40,000.00 $45,825.00 $45,825.00 8 Remove tree EA. 9 $450.00 $4,050.00 $530.06 $4,770.54 9 Install park bench EA. 4 $875.00 $3,500.00 $470.00 $1,880.00 Total $240,636.80 $245,060.45
Engineer's Estimate RG Gen. Eng.
Zeco, Inc. CS Legacy
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization L.S. 1 $32,000.00 $32,000.00 $21,000.00 $21,000.00 2 Clearing&Grubbing EA. 1 $85,000.00 $85,000.00 $44,768.00 $44,768.00 3 Conceret court S.F. 4,736 $15.50 $73,408.00 $19.50 $92,352.00 4 Surfacing L.S. 1 $17,000.00 $17,000.00 $43,000.00 $43,000.00 5 Netting L.S. 1 $11,000.00 $11,000.00 $12,000.00 $12,000.00 6 Sidewalk S.F. 150 $16.00 $2,400.00 $26.00 $3,900.00
7 Fencing L.S. 1 $35,000.00 $35,000.00 $58,000.00 $58,000.00 8 Remove tree EA. 9 $2,000.00 $18,000.00 $1,000.00 $9,000.00 9 Install park bench EA. 4 $300.00 $1,200.00 $1,100.00 $4,400.00 Total $275,008.00 $288,420.00
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 Mobilization L.S. 1 $25,000.00 $25,000.00
2 Clearing&Grubbing EA. 1 $25,000.00 $25,000.00
3 Conceret court S.F. 4,736 $60.00 $284,160.00
4 Surfacing L.S. 1 $20,000.00 $20,000.00
5 Netting L.S. 1 $15,000.00 $15,000.00
6 Sidewalk S.F. 150 $25.00 $3,750.00
7 Fencing L.S. 1 $45,000.00 $45,000.00
8 Remove tree EA. 9 $750.00 $6,750.00
9 Install park bench EA. 4 $750.00 $3,000.00
Total $427,660.00
Kormex Const.
Cora Constructors Gentry Gen Eng.
Pickleball Lighting, 8 lights with poles
ITEM UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Lights, arms, poles w/tax LS 1 21,601.72 21,601.72 28,109.82 28,109.82 37,765.91 37,765.91 TOTAL $21,601.72 $28,109.82 $37,765.91
City of Loma Linda
NLS Lighting. Inc. Walters Wholesale CED
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 PICKLEBALL COURTS AT LEONARD BAILEY PARK 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)
City of Loma Linda
Regular City Council Staff Report
F. VA Medical Center Fire Services Agreement [Fire]
Approve the Fire protection services Agreement with the Loma Linda Veterans Administration (LLVA) Medical Center Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3F.
To
City Council
From
Dan Harker, Fire Chief
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that the City Council approve the agreement between the City and the Veterans Administration for fire protection services to the Loma Linda Veterans Administration (LLVA) Medical Center for a base year period of October 1, 2024, through September 30, 2025, plus One Option Year October 1, 2025, through September 30, 2026.
BACKGROUND:
The VA Medical Center has maintained a Fire Services Agreement with the City since its beginning in the mid 1970’s. This agreement was put in place to assure that Fire Department could maintain appropriate resources to meet the VA Medical Center response criteria as well as provide a form of economic impact mitigation.
In March 2022, Revenue and Cost Specialists conducted an updated analysis of the allocation of cost of the Loma Linda Fire Department Operations to the Loma Linda Veterans Affairs Hospital. The VA Fire Service cost allocation analysis included one Base Year with four (4) Option Years.
The Fire Department was informed this year that the Veterans Administration mistakenly wrote the contract for one Base Year with two (2) Option Years. The Veterans Administration has been provided an updated quote and the Veterans Administration is seeking an agreement for fire protection services for one Base Year with one (1) Option Year to finish up the five (5) year time frame.
ANALYSIS:
The City has provided annual quotes for a two (2) year term based on the approved pricing methodology conducted by Revenue and Cost Specialists. This contract approves the Base Year plus Option Year One.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
The FY 2024/25 contract price of $327,500 was included in the FY 2024/25 general fund budget. However, following the updated cost analysis the FY2024/25 cost for service is now $349,214.
The cost for service for FY2025/26, Option Year One, is 350,730.26. For a total revenue for the two years of $699,944.26.
Attachments
VA Contract.pdf
1. REQUISITION NO. PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
19 605-25-1-6083-0002
36C26225C0028 AWARDED:
EFFECTIVE: 10-01-2024
Jordan Alonzo (505)767-6094
36C262
Department of Veterans Affairs
NCO22- Network Contracting
New Mexico VA Health Care System
1501 San Pedro Drive SE
Albuquerque NM 87108
X
922160
N/A Government entity
N/A
36C605
Department of Veterans Affairs
VA Loma Linda Health Care Systems
VALLHCS
11201 Benton St.
Loma Linda CA 92357
36C501
Department of Veterans Affairs
NCO22-Network Contracting
New Mexico VA Health Care System
1501 San Pedro Drive SE
Albuquerque NM 87108
3WZH0
CITY OF LOMA LINDA
25541 BARTON RD
LOMA LINDA CA 92354
Dan Harker
[email protected]
(909)799-2852 SEJHQP8K89A7
This is accomplished through the
Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp
This is mandatory and the sole method
for submitting invoices.
See CONTINUATION Page
Provide all labor, materials, supplies, tools, equipment, parts, software (needed for the general operation of the equipment), travel, ICRA Barriers, supervisors, and
qualified personnel to perform medical gas inspection
services for the Southern Arizona VA Health Care System ( (SAVAHCS), Tucson VA Medical Center (VAMC), in accordance with the statement of work (SOW), and all VA, local, state, and federal policies and regulations.
Contractors should reference contract #36C26225C0028
and PO# 605C50033 for prompt and proper payment.
$349,214.00
See CONTINUATION Page
X X
X One(1) X Quote via Email
08-20-2024
ALL
Mayte Diaz
Contracting Officer
36C26225C0028
Table of Contents
SECTION A ..................................................................................................................................1 A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ......................................................................................1 SECTION B - CONTINUATION OF SF 1449 BLOCKS...............................................................3 B.1 CONTRACT ADMINISTRATION DATA.....................................................................3 B.2 PRICE/COST SCHEDULE .........................................................................................4 ITEM INFORMATION..................................................................................................4 ACCOUNTING AND APPROPRIATION DATA ..........................................................4 B.3 DELIVERY SCHEDULE .............................................................................................4 SECTION C - CONTRACT CLAUSES.........................................................................................5 C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ..................5 C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999).........................................5 C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) .....5 C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018).................................................................................................................................6 C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .....7 C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAY 2024) ..........................................................................7 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS...........................16 D1. STATEMENT OF WORK..........................................................................................16 D.2 DOL WAGE DETERMINATION (REF)....................................................................19 36C26225C0028
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR: City of Loma Linda
Dan Harker
(909)799-2852
[email protected]
b. GOVERNMENT: Contracting Officer 36C258 Mayte Diaz
Department of Veterans Affairs
NCO22- Network Contracting
New Mexico VA Health Care System
1501 San Pedro Drive SE
Albuquerque NM 87108
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] 30 Days In arrears
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
36C26225C0028
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1.00 YR $349,214.00 $349,214.00
Fire Protection Services (FY25)- VALLHCS Campus
Contract Period: Base
POP Begin: 10-01-2024
POP End: 09-30-2025
PRINCIPAL NAICS CODE: 922160 - Fire Protection
PRODUCT/SERVICE CODE: R429 - Support - Professional: Emergency Response, Disaster Planning, and Preparedness Support
Funding/Req. Number: 1 $349,214.00 605-25-1-6083-0002
1001 1.00 YR $350,730.26 $350,730.26
Fire Protection Services (FY26)- VALLHCS Campus
Contract Period: Option 1
POP Begin: 10-01-2025
POP End: 09-30-2026
PRINCIPAL NAICS CODE: 922160 - Fire Protection
PRODUCT/SERVICE CODE: R429 - Support - Professional: Emergency Response, Disaster Planning, and Preparedness Support
GRAND TOTAL $699,944.26
ACCOUNTING AND APPROPRIATION DATA
ACRN APPROPRIATION
REQUISITION
NUMBER AMOUNT
1 605-3650162-6083-850300 Facility Safety,
Occupa-2580 Miscellaneous Contractual0100501X1
605-25-1-6083-0002
(P)/ 605C50033
$349,214.00
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001-
1001
SHIP TO: VA Loma Linda Health Care
System
VALLHCS
11201 Benton St.
Loma Linda, CA 92357 1000
USA
1.00 MARK FOR: Raymond Maldonado
(909) 503-2904
[email protected]
FOB: DESTINATION
36C26225C0028
SECTION C - CONTRACT CLAUSES
FAR
Number
Title Date
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following clauses are incorporated into 52.212-4 as an addendum to this contract:
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far
https://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
852.203-70 COMMERCIAL ADVERTISING MAY 2018
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
36C26225C0028
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.
(End of Clause)
C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.
Submission of payment requests by mail may be required for— (1) Awards made to foreign vendors for work performed outside the United States; 36C26225C0028
(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.
Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
(End of Addendum to 52.212-4)
C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91). (3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
36C26225C0028
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). [] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (6) [Reserved]
[X] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
[] (ii) Alternate I (DEC 2023) of 52.204–30.
[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
36C26225C0028
[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[] (14) [Reserved]
[] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (17) [Reserved]
[] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-7.
[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2023) of 52.219–9.
[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). [] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
36C26225C0028
[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)). [] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). [X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). [] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [] (ii) Alternate I (JUL 2014) of 52.222-35.
[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[] (ii) Alternate I (JUL 2014) of 52.222-36.
[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) [] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 36C26225C0028
[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.). [] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.). [] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.). [X] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671I). [] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83). [] (ii) Alternate I (OCT 2022) of 52.225-1.
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I [Reserved].
[] (iii) Alternate II (DEC 2022) of 52.225-3.
[] (iv) Alternate III (FEB 2024) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513)
36C26225C0028
[] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021). [] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). [] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
[] (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (APR 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). 36C26225C0028
[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). [] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91). 36C26225C0028
(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232). (vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219–8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR
19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). (xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause
52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). 36C26225C0028
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-
6. (xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR
ATTACHMENTS
D1. STATEMENT OF WORK
A. GENERAL GUIDANCE
1. Title of Project: City of Loma Linda Fire Protection.
2. Scope of Work:
RECURRING SERVICES:
1. Contractor shall respond in not more than five (5) minutes after receipt of alarm enunciator located at the Jerry L. Pettis Medical Center and report directly to the scene of the fire emergency. Contractor shall immediately notify the Contracting Officer's Representative (COR) or designee for preliminary information, if unable to make contact with the COR, contact the Plant Operator, Graphic Control.
2. The initial alarm response shall consist of not less than the following equipment and manpower in a ready status:
2- Engine Companies
1-Chief Officer
6-Fire Fighters
Upon initial alarm response the Chief Officer, based on his/her assessment, shall provide additional equipment within eighteen (18) minutes:
2- Arial ladder Companies
9-12 Firefighters
1-Chief Officer
2 - 2 ¼" Hose Lines
3. The Contractor shall extinguish fires as necessary and provide rescue of persons, animals and equipment in their order as feasible. Contractor shall provide cleanup of the area affected by fire and extinguishing services to the extent that all person, animals, equipment and records are retrievable.
4. The Contractor shall provide ventilation and other first aid to fire victims until facility personnel are able to provide relief. The Contractor shall verbally provide all requested information that is known regarding the fire incident to the COR upon completion of emergency work.
5. The Contractor shall provide emergency hazardous materials (HAZMAT) team response to spills or releases of hazardous materials or substances occurring on the Medical Center campus. The response includes, but is not limited to, entry into contaminated areas of the Medical Center for the purpose of isolating contamination sources or containing liquid spills. HAZMAT team notification of need for services may be by fire alarm, telephone call from the Safety Officer (COR), or the Plant Operator, Graphic Control technician on duty. All hazardous material collected during cleanup operations shall be turned over to the Safety Officer or designated representative for proper containment and disposal.
B. SPECIAL CONDITIONS:
1. Excepted Equipment: The Government shall maintain a direct connection from the facility Fire Alarm System to Apple Valley Communications of Apple Valley, California from which a call shall be immediately placed to the Contractor. The Contractor shall respond in not more than five (5) minutes after receipt of notification from the switchboard operator at Apple Valley Communications. An interrupting switch shall be maintained and utilized by the facility when conducting fire drills.
2. The Government shall furnish and maintain fire hydrants for the Contractor's use.
The facility shall inspect, maintain and utilize fire hydrants when conducting fire drills.
C. QUALIFICATIONS:
The Contractor must be a trained professional firefighting and rescue organization 'which currently provides such services to an incorporated municipality with response time of three to five minutes to this facility upon notification by Veteran Affairs Personnel. There are three different types of methods that the contractor shall be notified by in case of an emergency or services are required: alarm enunciator, Apple Valley Communications of Apple Valley, CA or Veterans Affairs Personnel.
D. ALARM MONITORING COMPANY:
Apple Valley Communications 21805 Highway 18
Apple Valley, CA 92307 Phone: 760-247-2668
Fax: 760-247-0087
CA, Contractor #542642 C Alarm License #ACO 3056
E. SECURITY REQUIREMENTS:
All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Veterans Affairs Loma Linda Healthcare System (VALLHS), shall abide by all the terms and conditions of this contract.
F. AUTHORIZED SERVICES:
Only those services specified herein are authorized under this contract. Before performing any service of a non-contract nature, the Contracting Officer must be advised of the reason(s) for this additional work. The Contracting Officer (CO) shall authorize the additional services under a separate purchase authorization. Contractor shall be cautioned that only the CO may authorize additional services and that reimbursement shall not be made unless prior authorization is obtained.
G. HOURS OF SERVICE:
This contract is a full-service contract to provide 24 hours per day, 7 days per week fire protection services, including National Holidays.
NATIONAL HOLIDAYS:
New Year's Day 1 January
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans Day 11 November
Thanksgiving Day 4th Thursday in November
Christmas Day 25 December
H. CONTRACTOR PERSONNEL:
All Contractor personnel assigned to the performance of this contract shall wear a Contractor- provided uniform that clearly identifies the individual as a Contractor.
Contractor personnel shall be required to speak fluently and comprehend the English language.
I. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:
Contractor shall be required to provide copies of the following:
The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-lnsurance and Subpart
28.307.2-Liability.
Within 15 days of contract award the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without a guaranteed thirty (30) days notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.
J. IDENTIFICATION BADGES:
All Contractor personnel are required to wear I.D. Badges during the entire time they are on VA grounds. ID Badges must have an identification picture and shall state the name of the individual and the company represented.
3. Background: In this section you can assist the contractor in understanding your requirement by giving some details about any existing technical environment and the need to upgrade or evolve to current state-of-the-art technology. Remember that you want the contractor to propose the best solution possible, so you should give the contractor a clear picture of the existing issues or environment.
4. Performance Period: Under a firm-fixed-price task order, the performance period is the timeline for the project. Here, it is specified when the contractor’s work shall begin and when it must be completed for the agreed upon fixed price. For a time and materials task order, specify the Government’s workweek and hours of operation. Also,
specify whether the contractor is required to work when the Government is closed for Government holidays.
5. Type of Contract: A firm-fixed-price agreement is always preferred. A firm-fixedprice contract places the risk with the contractor rather than the Government. A firmfixed-price contract is only possible, however, when the Government can document very definitive specifications, with a stable work environment for the contractor. Other strategies are available such as phasing the work in order to determine firm specifications. The Acquisition staff can assist with developing this strategy. Time and Materials contracting is used when it is impossible to determine the functional specifications; such as research and development, or if the Government is unable to provide a stable work environment.
D.2 DOL WAGE DETERMINATION (REF)
This contract/PO incorporates Department of Labor (DOL) Wage Determination (WD) 2015- 5629 (Rev24), dated 07/21/2024.
The wage determination can be found at https://sam.gov.
City of Loma Linda
Regular City Council Staff Report
G. Notice of Completion of the Construction of Bus Stop Sidewalks at Various Locations (CIP 24-123) - Contractor: Kormex Construction, Inc. [Public Works]
Accept as complete and authorize recordation of Notice of Completion documents Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3G.
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 13, 2024, City Council awarded the construction contract to Kormex Construction, Inc., based in Ontario, CA, in the amount of $67,210.00, with an approved contingency of $7,000. The Contractor successfully completed the project in a professional manner, adhering to the scope of work and remaining within the authorized contingency. The final cost of the project amounted to $68,310.00.
The attached Notice of Completion is provided for City Council review. Upon authorization, the City Clerk will proceed with filing the Notice of Completion for recordation. The contractor's one-year warranty period will commence upon the date of recordation.
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
The funding for this project was included in the approved FY 2024-2025 budget under account numbers 1375360- 58500 (TDA Grant) and 1265340-58500 (Measure I).
Attachments
NOC Bus pad sidewalk at various locations (CIP 24-123).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 October 11, 2024
8. The work of improvement completed is described as follows: Construction of Bus Stop Sidewalks at Various Locations CIP (24-123)
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Kormex Construction, Inc, 2324 S. Vineyard Ave., Ste K, Ontario, CA 91761
10. The street address of said property is Bus pads at various locations
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:
Construction of Bus Stop Sidewalks at Various Locations CIP (24-123) 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\Bus pad sidewalk at various locations (CIP 24-123).doc City of Loma Linda
Regular City Council Staff Report
H. Authorize an Appropriation from Fund Balance for Communication Aide Services for Individuals with Communication Disabilities at City Public Hearings [City Clerk] Authorize an appropriation for Communication Aide Services Meeting
Tuesday, October 22, 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 an appropriation of $10,000.00 from General Fund – Fund balance into 0011940-51840, General Government Legal Services, for Communication Aide Services to provide upon request at City public hearings for Individuals with Communication Disabilities.
BACKGROUND:
Under the Americans with Disabilities Act (ADA), Title II, requires State/Local governments must provide and accommodate individuals with disabilities an equal opportunity to benefit from programs, services and activities.
For special assistance at public hearings, the City must make reasonable modifications and/or accommodation to accommodate people with disabilities.
The City has provided Community Aide Services at several City Council Meetings; however, sufficient funds were not budgeted this fiscal year to manage this service costs.
ANALYSIS:
Approving these funds will not only ensure that the City meets its legal obligation for ADA compliance but also promotes inclusivity and community engagement. It fulfills the City’s moral and civic responsibility to provide equal access to public services for all community members.
ENVIRONMENTAL IMPACT:
None
FINANCIAL IMPACT:
Appropriate $10,000 from General Fund - Fund Balance into expenditure account 0011000-51870, City Council Materials and Other Services.
City of Loma Linda
Regular City Council Staff Report
I. Award Contract of $26,000 for Fiber Optic Plan Creation Services for the Loma Linda Connected Communities Program (LLCCP) - Contractor: HHS/Congruex [Information Systems/LLCCP] Authorize an appropriation for Fiber Optic Plan Creation Services Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3I.
To
City Council
From
Kyle MacGavin, Information Systems Manager
RECOMMENDATION:
It is recommended that the City Council award a contract to HHS Construction, Inc., a Congruex Company, for $26,000 for fiber optic plan creation services to the Loma Linda Connected Community Program (LLCCP).
BACKGROUND:
HHS Construction, Inc. has been a leader in fiber optics planning, consulting, and implementation for decades now.
They have been an integral partner with the LLCCP in the continued operation of the program. All fiber optic networks require a fiber optic master plan to effectively function and plan into the future. The fiber optic master plan for LLCCP has been in development this fiscal year with the assistance of HHS Construction, Inc.
ANALYSIS:
HHS Construction, Inc. has served as the sole source contractor for these plans and has consistently supported the City's LLCCP program. The proposed contract services will be billed at an hourly rate and will cover the remaining costs for services provided this fiscal year. The contract will not exceed $26,000. This service is essential for the continued advancement of the LLCCP.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
FINANCIAL IMPACT:
Funding is available in LLCCP's Professional Services account 4405900-51820.
Attachments
PO Request LLCCP GIS .pdf
www.congruex.com
HHS CONSTRUCTION, LLC – PURCHASE ORDER REQUEST
Mr. Kyle MacGavin DATE: September 24, 2024
City of Loma Linda HHS Quote # REVISION 1
25541 Barton Rd. Job # J-074553 Rev.1
Loma Linda, CA 92354 MGR: Tony Andrews (619) 654-7032
DESCRIPTION (Estimate/Hourly Rate):
ArcGIS Fiber Records Development $20,300.00 – 140 hrs. @ $145.00 Hr.
City of Loma Linda LLCCP Fiber Arc/GIS Records Development Project Statement of Work:
This proposal includes all costs for labor, equipment and materials for development of LLCCP Arc/GIS based fiber optic cable geographic records maps. The program is to support the GIS Department by providing research, field investigation, custom maps, and as-built documentation of LLCCP fiber-optic cable systems.
Research and documentation to include the following:
1. Cable Positioning
2. Cable Size
3. Cable Section Length (Splice to Splice)
4. Splice Locations
5. Year of Installation
6. Maintenance Loops Locations
7. Active (Spliced) Cable Counts
8. XD (Un-spliced/Cut) Cable Counts
9. Feed Direction (MDF/NOC & A side or B side)
10. Vault Sizes and positioning
This effort is based on a reasonable and systematic development schedule allowing proper fiber optic cable field verifications according to LLCCP Construction Standards, including coordination with City Records Department and LLCCP personnel to verify data integrity.
Please sign below and return this request along with the Purchase Order to our office. If there are any questions, please contact me at (619) 654-7032. We appreciate this opportunity to work with your team.
HHS Construction, LLC.
2042 S. Grove Ave.
Ontario, CA 91761
[email protected]
Name: Tony Andrews Approved: ___________________________ Title: Engineering Manager Title: ________________________________ Date: September 24, 2024 Date: ________________________________ City of Loma Linda
Regular City Council Staff Report
J. Declare as Surplus and Authorize Disposal of Various Technology Devices and Associated Equipment [Information Systems/LLCCP]
Declare items surplus and authorize appropriate disposal Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Consent Calendar Item: 3J.
To
City Council
From
Kyle MacGavin, Information Systems Manager
RECOMMENDATION:
It is recommended that the City Council declare the items listed on Attachment A as surplus equipment and direct staff to dispose of such equipment in a cost effective and environmentally sensitive manner.
BACKGROUND:
From time to time, technology systems reach obsolescence and are replaced. The items listed in Attachment A are no longer serviceable or are obsolete, and have been replaced.
ANALYSIS:
Items will be disposed of through the existing e-waste program where precious metals and recyclable components are recovered prior to entering the waste stream. Any associated data storage components will be magnetically erased and physically destroyed in a separate process.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
FINANCIAL IMPACT:
There is typically some minor revenue generated through e-waste disposal. It is estimated that this disposition will generate a cost less than $1000.00.
Attachments
Eqt Disposition Form 10-22-2024.pdf
EQUIPMENT DISPOSITION FORM
(This form is to be completed upon the disposition of fixed assets, with the exception of equipment for surplus) Date of Disposition 10/22/2024
Department: IT Division_____________________________
Justification for Disposition:
Authorized Signature ________________________________________________________ Item
#
Asset Tag #
Serial #
Description
1 Model # SK-2880 HP Keyboard qty. 3
2 Model # SK-2025 HP Keyboard qty. 1
3 Model# SK-8825 Lenovo Key Board qty. 1
4 Model # RT7D50 Dell Keyboard qty. 1
5 Model # Y-R0053 Logitech Keyboard qty. 1
6 Model # KB9945 Hp Keyboard qty. 1
7 03242 CND43773PS HP ProBook 450G2
8 Model # 0010490721E6 R0719 ShoreTel Phone
9 Model # E2417HB Dell Flat Monitor Panel qty. 3
10 BLMTCC2 Qty. 1
11 Model # S0005-0 HP Mouse qty. 1
12 DP/N 0XN967/SN.I1904ED1 – Dell Mouse qty. 1
13 Model # M-UV69A – Logitech Mouse qty. 1
14 Model # M-UVDEL1 – Dell Mouse qty. 2
15 Model # UAR DEL7 – Dell Mouse qty. 1
16 Model # M-U0025-0- Lenovo Mouse qty. 1
17 Model # 1113 – Microsoft Basic Optical Mouse V2.0
18 Model # M056U0 Dell Mouse qty. 1
19 Model # 0957-2178 AC Power Adaptor – HP Product qty. 1 20 Model # 0950-4081 AC Power Adaptor – HP Product qty. 1 21 Model # 0809T0057954G – Sony AC Adaptor 12 V qty. 1
22 7A-125V – HEWTECH-LTK-HIRAKAWA UF VM0296 Gray
cord qty. 1
23 Model # DBU120020 – AC/DC Adaptor Ever glow qty.1
24 Model # SA06-20S05R-V- Touch Electronic Power
Supply AC Adaptor Charge 5V qty. 1
25 Model # AD-C52J- Casio AC Adaptor
26 Model # TRC-6.5-2500 ACD-OL Adaptor Digipower qty. 1 27 Model # LF09200D-08 AC/DC Adaptor-Class 2 power supply qty. 1
28 KAWASAKI DSC-156-73893210-Cable qty. 1
29 N00114A Cable qty. 1
30 LR94903 YFC SF-82E94923-Cord (Black) qty. 1
31 E237490 AWM Style 20276 Com Link qty.1
32 HOTRON E246589 Style 20276 qty. 1
33 312-10138-01 E212689 Style AWM qty. 1
34 PN8IN-BA10-39K-USB 3.0 qty. 1
35 180-1122-02 LL84201 CSA Type CMG FT4 qty. 1
36 E119932 AWM2919 80C 30V VW-1 Low Voltage computer
cable copartner qty. 1
37 Model # PD -3001/AC Power DSine 3001 ShoreTel Portable AC qty. 1
38 E258106 Style CM UTP 24 AWGx4P CAT 5E Patch
Cord Test to EIA/TIA 568B qty. 1
39 Model # 228480-001-HP-PDU Extension Bar qty. 3
40 Model # HSTNN-LB6J-HP V104 Notebook Battery qty. 2
41 E239426 AWM 20276 30V VW-1 qty. 1
42 Model # 228481-001 HP PDU Control Unit qty. 3
43 Model # G2210T Dell Flat Panel Monitor “Property of Confire JPIA 05174 qty. 1
44 03173 0017C5CA4D9
8 SonicWall Network Security Appliance
45 03174 0017C5CA532
0 SonicWall Network Security Appliance qty. 1
46 02191 WMAM9ZS478 Dell Tower qty. 1
54 47 Model # AU1241203U Element Tech AC Adaptor qty. 30 48 Model # AC511 Dell Speaker Bar qty. 1
Check One:
_____Sold (Please attach supporting documentation.)
_____Lost (Please include complete description of circumstances surrounding loss.) _____Donated to outside organization (Please attach supporting documentation.) _____Traded In (Please attach supporting documentation.) _____Reassigned for use as source of parts
_____Stolen (Please attach police report or complete description of circumstances.) _____Destroyed (Please include complete description of circumstances.) Other, Please explain will recycle
Distribution: Original - Finance; Copy - Relinquishing Department 12/03 CITY OF LOMA LINDA Attachment IV
ASSET DISPOSITION FORM
(This form to be completed upon the disposition of capital assets, with the exception of exception of equip. for surplus) Sold for: $0.00
by means of:
(X) box
Public Auction
Sealed Bid
Selling for Scrap
Negotiated Sale
Proceeds Returned to Fund:
Traded for: (Other Asset)
Vendor Name:
Traded for: (Other Dept. Asset)
Department:
Transferred: (Asset)
Department:
City of Loma Linda
Regular City Council Staff Report
A. Status Update on the Establishment of the Revenue-Generating Ad hoc Committee [Councilmember SpencerHwang] Meeting
Tuesday, October 22, 2024, 7:00 PM
Agenda Group
Old Business Item: 4A.
To
City Council
From
Lynette Arreola, City Clerk
Report from Councilmember Rhonda Spencer-Hwang.