TABLE 7.0
AMORTIZED ANNUAL PROJECT RELATED CONSTRUCTION GHG EMISSIONS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Year
Emissions (MT/yr)
CO2 CH4 N2O Refrigerants Total CO2e
4 2025 368.81 0.02 0.02 0.14 374.02
2026 149.99 0.01 0.00 0.05 151.43
Total GHG Emissions 518.80 0.03 0.02 0.19 525.45
Amortized Construction Emissions 17.29 8.44E-04 6.52E-04 6.17E-03 17.51 Source: CalEEMod annual construction-source emissions are presented in Appendix D. • Operational Project Related GHG Emissions
Operational activities associated with the Project will result in emissions of CO2, CH4, N2O and Refrigerants from the following primary sources: area source emissions, energy source emissions, mobile source emissions, stationary source emissions, water supply, water treatment, and distribution, solid waste generation, and refrigerants. Project related operational air quality emissions derive primarily from vehicle trips generated including employee trips to and from the site. It should be noted that the proposed Medical Office Building would serve as an addition to the existing Loma Linda University Medical Center, increasing capacity to accommodate current patients and employees. Based on information provided by the Project Applicant, 50% of the trips associated with the proposed Medical Office Building are anticipated to be new. Accordingly, the CalEEMod default trip rates used in this analysis were reduced by 50% to reflect only the new traffic generated by the Project. Trip length characteristics available from the Loma Linda Medical Office Building Vehicle Miles Traveled (VMT) Analysis (Appendix D were utilized in this analysis.
Please refer to Appendix D for assumptions pertaining to other sources of operational emissions including stationery sources; water supply, treatment and distribution; solid waste generation; and use of refrigerants.
• GHG Emissions Summary
The annual GHG emissions associated with the Project are summarized in Table 8.0. As shown, construction and operation of the Project would generate approximately 2,382.07 MTCO2e/yr. As such, the Project would not exceed the SCAQMD’s recommended numeric threshold of 3,000 MTCO2e/yr if it were applied. Thus, project-related emissions would have a less than significant direct or indirect impact on GHG and climate change and no mitigation measures are required.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
TABLE 8.0
SUMMARY OF PROJECT RELATED GHG EMISSIONS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Emission Source
Emissions (MT/yr)
CO2 CH4 N2O Refrigerants Total CO2e
Annual construction-related emissions
amortized over 30 years 17.29 8.44E-04 6.52E-04 6.17E-03 17.51 Mobile Source 1487.67 0.08 0.08 2.30 1514.91
Area Source 2.13 0.00 0.00 0.00 2.14
Energy Source 445.60 0.04 0.00 0.00 447.73
Water Usage 18.51 0.43 0.01 0.00 32.34
Waste 101.18 10.11 0.00 0.00 354.01
Refrigerants 0.00 0.00 0.00 0.06 0.06
Stationary Source 13.33 0.00 0.00 0.00 13.37
Total CO2e (All Sources) 2,382.07 MTCO2e/yr
Source: CalEEMod output, See Appendix D for detailed proposed Project model outputs.
Level of Significance before Mitigation: Less than Significant Level of Significance after Mitigation: Less than Significant. b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases?
Impact Discussion:
As demonstrated in the preceding discussion of project related GHG emissions, no significant impacts are anticipated. Thus, the Project would not impede the State’s progress towards carbon neutrality by 2045 under the California Air Resources Control Board (CARB) 2022 Scoping Plan.
The Project would be required to comply with applicable current and future regulatory requirements promulgated through the 2022 Scoping Plan. Some of the current transportation sector policies the Project will comply with (through vehicle manufacturer compliance) include:
Advanced Clean Cars II, Advanced Clean Trucks, Advanced Clean Fleets, Zero Emission Forklifts, the Off-Road Zero-Emission Targeted Manufacturer rule, Clean Off-Road Fleet Recognition Program, Amendments to the In-use Off-Road Diesel-Fueled Fleets Regulation, carbon pricing through the Cap-and-Trade Program, and the Low Carbon Fuel Standard.
Level of Impact Before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Summary Conclusions - Greenhouse Gas Emissions:
In consideration of the preceding information and analysis, no adverse impacts pertaining to greenhouse gas emissions have been identified or are anticipated, and no mitigation measures are required.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of
an existing or proposed school?
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as
a result, would it create a significant hazard to
the public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
SUBSTANTIATION:
Sources: Project Application Materials; California Department of Toxic Substances Control, Envirostor online database; City of Loma Linda Hazard Mitigation Plan City of Loma Linda, General Plan, Safety Element, 2021; Federal Emergency Management Agency (FEMA)-Flood Insurance Rate Map, August 2008. . , ,
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Impact Discussion:
Construction of the MOB would involve short-term use of petroleum-based fuels, lubricants, and other similar materials. The construction phase may also include the transport of gasoline and diesel fuel to the Project Site and onsite storage for the sole purpose of fueling construction equipment. Long -term operation of the proposed MOB would involve routine periodic use of pesticides, herbicides and fertilizers typically associated with landscape maintenance, A limited amount of bio-medical waste generation can also be anticipated with long term operations, in addition to routine use of cleaning solvents and similar substances associated with property maintenance necessary to a medical facility.
No activities using or generating an unusual amount of hazardous substances are anticipated. The transport, handling, use and disposal of any hazardous substances must comply with all federal, state and local laws regulating their management and use.
Consequently, potential impacts related to creating a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials are considered less than significant. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Impact Discussion:
Limited amounts of bio-medical and other medical wastes would be generated at the MOB as part of the day-to-day operations. The waste materials would not create a significant hazard to the public because they would be handled and disposed of in accordance with applicable regulations. Other aspects of the proposed project, as has been noted, would utilize common products for cleaning and maintenance. No activities that would involve the use of explosive, acutely toxic or caustic substances that could result in accident or upset conditions are anticipated. Consequently, the risk of accidental release of hazardous materials is considered less than significant, and no mitigation measures beyond compliance with applicable regulations are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Impact Discussion:
The only educational facility located within a quarter-mile of the Project site is Loma Linda University, located on Barton Road opposite the Project site. Implementation of the proposed Project would not emit hazardous emissions or involve the handle hazardous or acutely hazardous materials, substances, or waste that would be a potential threat to the university. Consequently, no impacts to schools would result.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Impact Discussion:
Pursuant to California Government Code Section 65962.5, the California Department of Toxic Substances Control (DTSC) compiles the Cortese List and updates it at least annually. The Cortese List includes hazardous waste facilities subject to corrective actions, land designated as hazardous waste property or border zone property, sites included in the abandoned site assessment program, and qualifying sites pursuant to Section 25356 of the Health and Safety Code.
The Project Site is currently occupied by a surface parking lot and is not listed on any official list of hazardous materials sites. The DTSC EnviroStor online database was examined and the Project site is not identified on the list. Consequently, no impact related to Government Code Section 65962.5 is anticipated.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
Impact Discussion:
The Project site is not located within an airport land use plan or within two miles of a public airport or public use airport. No impacts related to airport safety hazards or excessive noise exposure are anticipated. No mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Impact Discussion:
The City of Loma Linda Fire Department maintains and implements a Hazard Mitigation Plan as required by State Law. The Plan includes ongoing emergency response coordination with surrounding jurisdictions, including the County of San Bernardino, and a public awareness program among other features.
The Safety Element of the Loma Linda General Plan indicates that Barton Road, as one of the two major east-west roadways in the City, is a designated evacuation route. A Fire Access Plan, which must be approved by the Loma Linda Fire Department, is a component of the proposed project and is illustrated in Exhibit 8.
No physical alteration of the adjoining streets (Barton Road and Anderson Street) is proposed with the Project, thus no impacts to its function as an evacuation route are anticipated. In consideration of these facts, the proposed Project is not anticipated to adversely affect any aspect of an adopted emergency response plan or an emergency evacuation plan. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Impact Discussion:
The central portion of the City of Loma Linda in which the proposed Project is suburban in character. The City’s Hazard Mitigation Plan designates the area as a moderate risk for wildland fires due to the proximity of hilly undeveloped land to the south of the City.
All new developments must comply with the California Building Code and California Fire Code. As has been noted, the proposed Project incorporates a Fire Access Plan that must be reviewed and approved by the City of Loma Linda Fire Department. The City has thus a prepared strategy to deal with wildland fire risks to the extent that is possible.
In consideration of these facts, no significant wildland fire risks are presented by the proposed project and no mitigation measures beyond compliance with existing regulations are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Summary Conclusions - Hazards and Hazardous Materials:
In consideration of the preceding information and analysis, no adverse impacts related to hazards and hazardous materials have been identified or are anticipated, and no mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
No
Impact
X. HYDROLOGY AND WATER QUALITY - Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or river
or through the addition of impervious surfaces,
in a manner which would:
i. result in substantial erosion or siltation
on- or off-site;
ii. substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on or
offsite;
iii. create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems
or provide substantial additional
sources of runoff; or
iv. impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project
inundation?
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
SUBSTANTIATION:
Sources: “Water Quality Management Plan - Loma Linda University Children’s Medical Office Building”, Goodman & Associates, August 2023; “Erosion Control Plan”, Goodman & Associates, July 2024: “City of Loma Linda Water Shortage Contingency Plan“, prepared by Water Systems Consultants, Inc. April 2021;
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? □
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Impact Discussion:
The Proposed Project would disturb approximately 3.6 acres and is therefore subject to the National Pollution Discharge Elimination System (NPDES) permit requirements.
The State of California is authorized to administer various aspects of the NPDES.
Construction activities covered under the State’s General Construction permit include removal of vegetation, grading, excavating, or any other activity that causes the disturbance of one acre or more. The General Construction permit requires recipients to reduce or eliminate non-storm water discharges into stormwater systems, and to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). The purpose of a SWPPP is to: 1) identify pollutant sources that may affect the quality of discharges of stormwater associated with construction activities; and 2) identify construct and implement stormwater pollution control measures to reduce pollutants in stormwater discharges from the construction site during and after construction.
A SWPPP is based on the principles of Best Management Practices (BMPs) to control and abate pollutants. The SWPPP must include BMPs so that construction of the Project would not pollute surface waters. BMPs may include, but are not limited to street sweeping of paved roads around the Project Site during construction, and the use of sandbags or similar measures to control erosion during storm events. BMPs may also include:
• Requiring contractors to avoid applying materials during periods of rainfall and protect freshly applied materials from runoff until dry. • Requiring contractors to contract with a local waste hauler or ensure that waste containers are emptied weekly. Waste containers cannot be washed out on-site.
• Disposal of all waste in accordance with local, state and federal regulations.
• Requiring all construction equipment and vehicles to be serviced off-site.
Compliance with existing regulations would reduce the potential for stormwater discharges during grading and construction to a less than significant level and ensure that the proposed Project does not violate any water quality standards or waste discharge requirements.
Level of Impact before Mitigation: Less than Significant Level of Impact After Mitigation: Less than Significant b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Impact Discussion:
The Proposed Project will receive water from the City of Loma Linda. The City of Loma Linda's water production division provides water from six production wells. Loma Linda's main water source is ground water within the Bunker Hill Basin, which is primarily replenished by snow melt from the nearby San Bernardino Mountains. Based on Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
analysis conducted by the City of Loma Linda Public Works Department, the local water supply is considered sufficient to meet projected demand without implementing restrictive measures. The project site is consistent with the General Plan and existing zoning, thus development of the site for a health care facility has been considered in the City’s water planning programs. The type of development proposed (medical office) is also not considered a large water consumer relative to other land uses such as residential land uses.
Should extended drought conditions occur, however, the City has prepared a water shortage contingency plan (WSCP), which is available for review on the City’s website under the Public Works Department. This plan regularly assesses and monitors the City’s ability to provide sufficient water supply and to maintain water quality during normal conditions as well as throughout extended drought conditions. If necessary, the City also has the ability to draw emergency supplemental water supply from the adjacent cities of Redlands and San Bernardino. The WSCP also outlines “demand reduction actions” that the city can implement if conditions warrant. These include measures such as limiting landscape irrigation, use of potable water for washing hard surfaces, limiting service of water in restaurants, requiring evaporation covers on pools, restricting water use for decorative water features and similar actions. In consideration of these facts, the proposed project is not anticipated to result in any substantial impacts to groundwater supplies or recharge and it would not impede sustainable groundwater basin management. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in substantial erosion or siltation on- or off-site; Impact Discussion:
See Response X-a) above. The Proposed Project would disturb approximately 3.6 acres and is therefore subject to the National Pollution Discharge Elimination System (NPDES) permit requirements. The State of California is authorized to administer various aspects of the NPDES. Construction activities covered under the State’s General Construction permit include removal of vegetation, grading, excavating, or any other activity that causes the disturbance of one acre or more.
The General Construction permit requires recipients to reduce or eliminate nonstorm water discharges into stormwater systems, and to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). The purpose of a SWPPP is to:
1) identify pollutant sources that may affect the quality of discharges of stormwater associated with construction activities; and 2) identify, construct and implement stormwater pollution control measures to reduce pollutants in stormwater discharges from the construction site during and after construction.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
During the construction of the proposed Project, dust may be generated due to the operation of machinery on-site or during high winds. Additionally, erosion of soils could occur due to a storm event. The proposed Project would disturb more than one acre of soil; therefore, is subject to the requirements of the State Water Resources Control Board General Permit for Discharges of Storm Water Associated with Construction Activity. Construction activity subject to this permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation.
The Construction General Permit requires the development and implementation of a Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP must list Best Management Practices (BMPs) to avoid and minimize soil erosion. Adherence to BMPs in an approved SWPPP would ensure that the Proposed Project does not result in substantial soil erosion or the loss of topsoil. A Preliminary SWPPP has been prepared by the project applicant and must be approved by the City Public Works Department prior to issuance of grading permits. With compliance to the requirements of a SWPPP, no significant adverse from soil erosion are anticipated, and no mitigation measures are required.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. .
ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite;
Impact Discussion:
The FEMA Flood Rate Insurance Program Map (FIRM) for the local area dated August 28, 2008, indicates that the Project Site lies within an unshaded Zone “X” floodplain. Unshaded Zone “X” is defined as “areas determined to be outside the annual 2% chance floodplain. The project site is presently developed as a paved surface parking lot with very limited permeable area. The proposed medical office building and related surface parking will not substantially alter the amount of permeable area although minor changes in drainage patterns would occur to accommodate the medical office building.
The proposed Project application includes a preliminary Drainage Plan and a Grading Plan which incorporate features to direct and control surface run-of. Both plans must be approved by the City Public Works Department prior to the issuance of grading permits. With compliance to existing regulations, no significant change in the amount or rate of surface run-off is anticipated, and no mitigation measures are required.
Level of Impact before Mitigation: Less than Significant Level of Impact After Mitigation: Less than Significant.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
iii. create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of runoff;
Impact Discussion:
See Responses X-a) and c) I and ii above. No significant change in the sources, amount or rate of surface run-off are anticipated as a result of the proposed Project.
The proposed Project application includes a preliminary Drainage Plan and a Grading Plan which incorporate features to direct and control surface run-off. Both plans must be approved by the City Public Works Department prior to the issuance of grading permits. With compliance to existing regulations, no adverse impacts to existing and planned stormwater drainage systems are anticipated. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. iv. Iv. impede or redirect flood flows?
v.
Impact Discussion:
The FEMA Flood Rate Insurance Program Map (FIRM) for the local area dated August 28, 2008, indicates that the Project Site lies within an unshaded Zone “X” floodplain.
Unshaded Zone “X” is defined as “areas determined to be outside the annual 2% chance floodplain. The project site is presently developed as a paved surface parking lot with very limited permeable area. The proposed medical office building and related surface parking will not substantially alter the amount of permeable area although minor changes in drainage patterns would occur to accommodate the medical office building.
The proposed Project application includes a preliminary Drainage Plan and a Grading Plan which incorporate features to direct and control surface run-off. Both plans must be approved by the City Public Works Department prior to the issuance of grading permits. With compliance to existing regulations, no adverse impacts to existing and planned stormwater drainage systems are anticipated. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Impact Discussion:
As has been noted the project site lies within an unshaded Zone “X” floodplain on the FEMA FIRM Map. Unshaded Zone “X” is defined as “areas determined to be outside the annual 2% chance floodplain, thus no significant risk of site inundation exists. There are no water bodies, natural or manmade, located in proximity to the Project site, thus Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
no risk of seiche or tsunami exists. In consideration of these facts, potential impacts pertaining to the release of pollutants due to flooding, tsunami and seiche are considered less than significant.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Impact Discussion:
Please see Response X-a) through c). The proposed project is subject to National Pollutant Discharge Elimination System (NPDES) requirements and is required to prepare a Stormwater Pollution Prevention Program (SWPPP). Compliance with these regulations will ensure that the proposed Project does not conflict with or obstruct a water quality control plan.
As has been noted in Response X-b). Loma Linda's main water source is ground water within the Bunker Hill Basin, which is primarily replenished by snow melt from the nearby San Bernardino Mountains. The City has prepared a water shortage contingency plan (WSCP), which regularly assesses and monitors the City’s ability to provide sufficient water supply and to maintain water quality under normal as well as extended drought conditions,
In consideration of these facts, the proposed Project is not anticipated to conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions – Hydrology and Water Quality:
In consideration of the preceding information and analysis, no significant adverse impacts related to hydrology and water quality have been identified or are anticipated and no mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XI. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
SUBSTANTIATION:
Sources: City of Loma General Plan - Land Use Element.
a) Physically divide an established community?
Impact Discussion:
The Project site is integrated into the central portion of the City of Loma Linda and is adjacent to the Loma Linda University Medical Center. The site is designated on the Land Use Element of the General Plan and by existing zoning for Institutional Health Care facilities. It presently developed with a paved surface parking lot which the proposed medical office building will re-purpose. As such, the proposed Project will not physically divide an established community. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Impact Discussion:
The proposed project is consistent with both existing land use and zoning designations, and this Initial Study has not identified any environmental impacts that cannot be mitigated to less than significant levels. There are no City programs, policies or regulations adopted for the purpose of avoiding or militating an environmental effect with which the proposed will conflict. No policy impacts are anticipated. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Summary Conclusions – Land Use and Planning:
In consideration of the preceding information and analysis, no adverse impacts related to land use and planning have been identified or are anticipated, and no mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XII. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known
mineral resource that will be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
SUBSTANTIATION:
Sources: City of Loma Linda, Addendum to the General Plan Update Final Program EIR, 2008.. a) Result in the loss of availability of a known mineral resource that will be of value to the region and the residents of the state?
Impact Discussion:
No known mineral resources are located within the City. Thus, the proposed Project would not result in the loss of availability of a known mineral resource. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Impact Discussion:
No locally important mineral resource recovery sites are located within the City. Thus, the proposed Project would not result in the loss of availability of a locally important mineral resource recovery site. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions – Mineral Resources:
In consideration of the preceding information and analysis, no adverse impacts to mineral resources have been identified or are anticipated, and no mitigation measures are required. □
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
No
Impact
XIII. NOISE - Would the project result in:
a
.
Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b
.
Generation of excessive groundborne vibration or groundborne noise levels?
c For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels? SUBSTANTIATION:
Sources: “Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024, as contained in Appendix E to this Initial Study. a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Impact Discussion:
The proposed Project will generate a temporary noise increase during construction activities as well as a permanent increase due to long term operations. The potential level of increase in ambient noise levels under these scenarios has been analyzed by Urban Crossroads, Inc. in a technical report included under Appendix E to this Initial Study. The following discussion briefly summarizes study methodology and key findings of this analysis. • Summary of Noise Analysis Methodology
Construction Activities:
in analyzing noise from construction activities, impacts are typically limited to the hours of operation established under a jurisdiction’s Municipal Code. Section 9.20.070 of the City of Loma Linda Municipal Code indicates that construction activity is considered exempt from the noise level standards between the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, except on weekends and national holidays. However, neither the City of Loma Linda General Plan or the Municipal Codes establish numeric maximum acceptable construction noise levels at potentially affected receivers, which would allow for a quantified determination of what constitutes a substantial temporary or periodic noise increase under CEQA Consequently, a numerical construction threshold based on Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual has been used for analysis of daytime construction impacts. The FTA considers a daytime exterior □ □ [8J □
□ □ [8J □
□ □ □ [8J
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
construction noise level of 80 dBA Leq (equivalent continuous noise level) as a reasonable threshold for noise sensitive residential land use with a nighttime exterior construction noise level of 70 dBA Leq.
Vibration Impacts:
To analyze vibration impacts originating from the operation and construction of the proposed Project, vibration-generating activities are typically evaluated against standards established under a jurisdiction’s Municipal Code. However, since the City of Loma Linda does not identify specific vibration level standards, the San Bernardino County Development Code vibration level standards have been used in this analysis to assess potential impacts at nearby sensitive receiver locations. The County Development Code, Section 83.01.090(a) states that vibration shall be no greater than or equal to two-tenths inches per second measured at or beyond the lot line. Consequently, to determine vibration levels due to the operation and construction of the Project, the peak particle velocity (PPV) vibration level standard of 0.2 inches per second has been used in this analysis, Utilizing these standards, if the Project-related construction noise levels generate a temporary noise level increase above the existing daytime ambient noise levels of up to 20 dBA Leq, not to exceed 80 dBA Leq, or an increase of 5 dBA Leq above the existing nighttime ambient noise levels, the Project construction noise level increases would not be considered a potentially significant impact.
Transportation Noise:
A readily perceptible project related transportation generated noise increase 5 dBA or greater is considered a significant impact when the “without project” noise levels are below 60 dBA. In areas where the “without project” noise levels range from 60 to 65 dBA, a 3 dBA barely perceptible noise level increase appears to be the appropriate threshold for a significant impact for most people. When the “without project” noise levels already exceed 65 dBA, any increase in community noise louder than 1.5 dBA is considered a significant impact if the noise criteria for a given land use is exceeded, since it likely contributes to an existing noise exposure exceedance. Typical responses to noise level increases of 5 dBA or more are “readily perceptible”, while a 3 dBA increase is typically barely perceptible to the human ear.
Non-transportation Noise:
For non-transportation noise source activities, a substantial permanent noise level threshold increase consists of increases of 5 dBA (readily perceptible), and 3 dBA (barely perceptible), Table 9.0 provides a summary of significance criteria which are further described in the following discussion. Please refer to Appendix E for additional detailed information.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
TABLE 9.0
SUMMARY OF NOISE IMPACT SIGNIFICANCE CRITERIA
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Analysis Receiving
Land Use Condition(s)
Significance Criteria
Daytime Nighttime
Off-Site
Traffic
NoiseSensitive1
If ambient is < 60 dBA CNEL ≥ 5 dBA CNEL Project
increase
If ambient is 60 - 65 dBA CNEL ≥ 3 dBA CNEL Project
increase
If ambient is > 65 dBA CNEL ≥ 1.5 dBA CNEL Project
increase
Non-NoiseSensitive2
if ambient is < 70 dBA CNEL ≥ 5 dBA CNEL Project
increase
if ambient is > 70 dBA CNEL ≥ 3 dBA CNEL Project
increase
On-Site Residential2
Exterior Noise Level Criteria See Exhibit 3-A,
Appendix E.
Interior Noise Level Standard 45 dBA CNEL
Operational
Residential Exterior Noise Level Standards See Table 3-1, Commercial Exterior Noise Level Standards Appendix E.
NoiseSensitive1
if ambient is < 60 dBA Leq
≥ 5 dBA Leq Project
increase
if ambient is 60 - 65 dBA Leq
≥ 3 dBA Leq Project
increase
if ambient is > 65 dBA Leq
≥ 1.5 dBA Leq Project
increase
Construction NoiseSensitive
Permitted between 7:00 a.m. to 8:00 p.m. Monday through Friday; no activity on weekends or national holidays.3
Noise Level Threshold4 80 dBA Leq n/a
Noise Level Increase 20 dBA Leq n/a
Vibration Level Threshold5 0.2 in/sec
PPV n/a
1 Source: FICON, 1992 and Urban Crossroads , Inc. .
2 Source: City of Loma Linda General Plan Noise Element, Table 7.C. 3 Source: City of Loma Linda Municipal Code, Section 9.20.070 . 4 Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual. 5 Source: Section 83.01.090(a) of the County of San Bernardino County Code, Title 8 Development Code. "Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.; "n/a" = construction activities are not planned during the nighttime hours; "PPV" = peak particle velocity.
Ambient Noise Levels at Sensitive Receptor Locations:
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
To assess the existing noise environment, three 24-hour noise level measurements were taken at five sensitive receiver locations selected to describe and document the existing noise environment within the Project study area. These locations are shown in Exhibit 11.
Collecting reference ambient noise level measurements at nearby sensitive receiver locations allows a comparison of the before and after Project noise levels and is necessary to assess potential noise impacts due to the Project’s contribution to the ambient noise levels. Noise-sensitive land uses are generally considered to include: schools, hospitals, single-family dwellings, mobile home parks, churches, libraries, and recreation areas.
Sensitive receivers near the Project site include existing mobile homes, and non-noise sensitive receiver locations include existing hotels and commercial uses. Other sensitive land uses in the Project study area that are located at greater distances than those identified in this noise study will experience lower noise levels than those presented in this report due to the additional attenuation from distance and the shielding of intervening structures.
Background ambient noise levels in the Project study area are dominated by the transportation-related noise associated with the arterial roadway network and nearby railroad lines. Table 10.0 presents 24-hour ambient noise level measurements at sensitive receptor locations. (Please refer to Appendix E for additional description of methodology.) TABLE 10.0
24-HOUR AMBIENT NOISE LEVEL MEASUREMENTS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Location1 Description
Energy Average
Hourly Noise Level
(dBA Leq)
2 Daytime Nighttime
L1 Located north of the site near the
residence at 24946 Barton Rd. 61.3 57.9
L2 Located east of the site near the
residence at 25010 Daisy Ave. 68.7 63.5
L3 Located east of the site near the
residence at 25010 Fern Ave. 58.7 58.0
L4 Located south of the site near the Ronald
McDonald House Charity 60.9 60.6
L5 Located south of the site near the
residence at 24934 Tulip Ave. 57.2 57.4
EXHIBIT 11
SENSITIVE NOISE RECEIVER LOCATIONS
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Source: Urban Crossroads, November 2024
• Constructiounn Noise Impacts
LEGEND:
(: J Site Boundary ~ Receiver Locations - • Distance from receiver to Project site boundary (in feet) Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Noise generated by the Project construction equipment will include a combination of trucks, power tools, concrete mixers, and portable generators that when combined can reach high levels. The number and mix of construction equipment is expected to occur in the following stages: site preparation, grading, building construction, paving and architectural coating. To describe the Project construction noise levels, measurements were collected for similar activities at several construction sites. Table 11.0 provides a summary of the construction reference noise level measurements.
TABLE 11.0
CONSTRUCTION REFERENCE NOISE LEVELS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Construction
Stage
Reference
Construction
Equipmnet1
Reference
Noise
Level @ 50
Feet
(dBA Leq)
Composite
Reference Noise
Level
(dBA Leq)
Reference
Power Level
(dBA Lw)
Site
Preparation
Dozer 78.0
Front End Loader 75.0 83.4 115.1
Grader 81.0
Grading
Excavator 77.0
Tractor 80.0 84.0 115.6
Scraper 80.0
Building
Construction
Crane 73.0
77.4 109.1 Backhoe 74.0
Generator
(<25kVA) 70.0
Paving
Paver 74.0
Dump Truck 72.0 77.8 109.5
Roller 73.0
Architectural
Coating
Man Lift 68.0
76.2 107.8 Compressor (air) 74.0
Generator
(<25kVA) 70.0
1 FHWA Road Construction Noise Model.
Source: “Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024.
Using the reference construction equipment noise levels and the CadnaA noise prediction model, calculations of the Project construction noise level impacts with multiple pieces of equipment operating simultaneously at the nearest sensitive receiver locations were formulated. This includes any noise attenuation provided by the existing intervening building structures and noise barriers located between the Project site and the nearest receiver locations. To assess the worst-case construction noise levels, the Project construction noise analysis relies on the highest noise level impacts when the equipment with the highest reference noise level is operating at the closest point from the edge of primary construction activity (Project site boundary) to each receiver location. As shown in Table 12.0, Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
construction noise levels are expected to range from 59.0 to 72.1 dBA Leq, and the highest construction levels are expected to range from 66.8 to 72.1 dBA Leq at the nearest receiver locations.
TABLE 12.0
CONSTRUCTION EQUIPMENT NOISE LEVEL SUMMARY
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Receiver
Location1
Construction Noise Levels (dBA Leq)
Site
Preparation Grading BuildingConstruction Paving ArchitecturalCoating Highest
Levels2
R1 66.3 66.8 60.2 60.7 59.0 66.8
R2 68.6 69.1 62.5 63.0 61.3 69.1
R3 70.1 70.6 64.0 64.5 62.8 70.6
R4 71.6 72.1 65.5 66.0 64.3 72.1
R5 66.4 66.9 60.3 60.8 59.1 66.9
1 Noise receiver locations are shown in Exhibit 11.0
2 Construction noise level calculations based on distance from the project site boundaries (construction activity area) to nearest receiver locations. CadnaA construction noise model inputs are included in Appendix E Source: Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024.
To evaluate whether the Project will generate potentially significant short-term construction related noise levels at the nearest noise sensitive receiver locations, a daytime noise level threshold of 80 dBA Leq is used as a reasonable threshold to assess the daytime construction noise level impacts. Analysis illustrated in Table 13.0 shows that the nearest receiver locations will not exceed the daytime 80 dBA Leq significance threshold during Project construction activities.
To describe the temporary Project construction noise level contributions compared to the existing ambient noise environment, the Project construction noise levels were combined with the existing ambient noise levels measurements at the nearest off-site receiver locations. Temporary noise level increases that would be experienced at sensitive receiver locations when Project construction-source noise is added to the ambient daytime conditions are presented on Table 14.0. A temporary noise level increase of 20 dBA is considered a potentially significant impact. As indicated in Table 13.0, the Project will contribute construction noise increases ranging from 3.2 to 12.2 dBA Leq during the daytime hours at the nearest receiver locations. The unmitigated construction noise analysis shows that the nearest receiver locations will not exceed the substantial 20 dBA Leq noise level increase significance threshold during Project construction activities.
Consequently, impacts due to Project construction noise are considered less than significant and no mitigation measures are necessary.
TABLE 13.0
CONSTRUCTION NOISE LEVEL COMPLIANCE SUMMARY
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Receiver
Location1
Construction Noise Levels (dBA Leq)
Highest
Construction
Noise Levels2
Threshold3 Threshold
Exceeded?4
R1 66.8 80 No
R2 69.1 80 No
R3 70.6 80 No
R4 72.1 80 No
R5 66.9 80 No
1 Noise receiver locations are shown in Exhibit 11.
2 Highest construction noise level calculations based on distance from the construction noise source activity to nearby receiver locations..
3 Federal Transit Administration, Transit Noise and Vibration Impact Assessment noise level threshold.1. 4 Do the estimated Project construction noise levels exceed the construction noise level threshold? Source: Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024.
• Operational Noise Impacts
The on-site Project-related noise sources are expected to include: trash enclosures, rooftop air handling units, chiller units, roof exhaust units, and parking lot vehicle movements. To present the potential worst-case noise conditions, this analysis assumes the Project would be operational 24 hours per day, seven days per week. To estimate the Project operational noise impacts, reference noise level measurements were collected from similar types of activities to represent the noise levels expected with the development of the proposed Project. Reference noise level measurements are shown in Table 14.0.
Using the reference noise levels to represent the proposed Project operations that include trash enclosures, rooftop air handling units, chiller units, roof exhaust units, and parking lot vehicle movements, Urban Crossroads, Inc. calculated the operational source noise levels that are expected to be generated at the Project site and the Project-related noise level increases that would be experienced at each of the sensitive receiver locations. Table 14 shows the Project operational noise levels during the daytime hours of 7:00 a.m. to 9:00 p.m. The daytime hourly noise levels at the off-site receiver locations are expected to range from 42.9 to 45.2 dBA Leq.
Table 16.0 shows the Project operational noise levels during the nighttime hours of 9:00 p.m. to 7:00 a.m. The nighttime hourly noise levels at the off-site receiver locations are expected to range from 40.3 to 42.1 dBA Leq. The differences between the daytime and nighttime noise levels is largely related to the duration of noise activity.
To demonstrate compliance with local noise regulations, the Project-only operational noise levels are evaluated against exterior noise level thresholds based on the City of Loma Linda exterior noise level standards at the nearest noise-sensitive receiver locations. Table 16.0 shows the operational noise levels associated with the Project will satisfy the City of Loma Linda 65 dBA Leq daytime and 55 dBA Leq nighttime residential exterior noise level standards at all nearest receiver locations. Therefore, the operational noise impacts are considered less than significant at the nearest noise-sensitive receiver locations. No mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
TABLE 14.0
OPERATIONAL ANALYSIS: REFERENCE NOISE LEVEL MEASUREMENTS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Noise Source
Noise
Source
Height
(Feet)
Source
Type
Min./Hour4
Reference
Noise
Level
(dBA Leq)
@ 50 Feet
Sound
Power
Level
(dBA) Day Night 5
Trash Enclosure
Activity1 5' Point 10 10 57.4 89.0
Air Handling Unit2 5' Point 45 30 69.4 101.0
Chiller Unit2 5' Point 45 30 54.4 86.0
Roof Exhaust Unit2 2' Point 45 30 41.4 73.0
Pkg Lot Vehicle
Movements
3 0' Area 60 0 31.4 63.0
1 As measured by Urban Crossroads, Inc. 2 See Appendix E for manufacturer data sheets. 3 Each lot shown is calculated based on: Log10*(movements*(10( 63 dBA Lw/10))). 4 Aa Anticipated duration (minutes within the hour) of noise activity during typical hourly conditions expected at the Project site. "Daytime" = 7:00 a.m. - 10:00 p.m.; "Nighttime" = 10:00 p.m. - 7:00 a.m. 5 Sound und power level represents the total amount of acoustical energy (noise level) produced by a sound source independent of distance or surroundings. Sound power levels calculated using the CadnaA noise model at the reference distance to the noise source.
TABLE 15.0
DAYTIME PROJECT OPERATIONAL NOISE LEVELS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Noise Source1
Operational Noise Levels by Receiver Location
(dBA Leq)
R1 R2 R3 R4 R5
Roof-Top Air Conditioning 31.2 26.7 25.7 26.5 25.1
Trash Enclosure Activity 32.2 37.2 39.2 40.9 32.6
Car Wash Vacuum Heads 42.1 42.1 41.3 42.5 42.7
Car Wash Tunnel Blowers 26.8 29.6 32.3 34.0 35.2
Parking Lot Activity 20.4 17.3 18.4 19.3 19.9
Total (All Noise Sources) 42.9 43.6 43.8 45.2 43.8
Source: Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024 TABLE 16.0
NIGHTTIME PROJECT OPERATIONAL NOISE LEVELS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Noise Source1
Operational Noise Levels by Receiver Location
(dBA Leq)
R1 R2 R3 R4 R5
I
I
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Roof-Top Air Conditioning 30.2 25.7 24.7 25.6 24.1
Trash Enclosure Activity 28.2 33.2 35.2 36.9 28.6
Car Wash Vacuum Heads 39.4 39.3 38.5 39.8 40.0
Car Wash Tunnel Blowers 24.1 26.8 29.6 31.3 32.4
Parking Lot Activity 17.7 14.6 15.7 16.5 17.1
Total (All Noise Sources) 40.3 40.6 40.6 42.1 41.0
Source: Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024 TABLE 17.0
OPERATIONAL NOISE LEVEL COMPLIANCE
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Receiver
Location1
Land
Use
Project Operational
Noise Levels (dBA
Leq)2
Noise Level
Standards
(dBA Leq)3
Noise Level
Standards Exceeded?4
Daytime Nighttime Daytime Nighttime Daytime Nighttime
R1 SF Res 42.9 40.3 55 45 No No
R2 SF Res 43.6 40.6 55 45 No No
R3 SF Res 43.8 40.6 55 45 No No
R4 SF Res 45.2 42.1 55 45 No No
R5 SF Res 43.8 41.0 55 45 No No
1 See Exhibit 11.0 for the receiver locations.
2 Proposed Project operational noise levels -3. 3 Exterior noise level standards for residential land use,-1. 4 Do the estimated Project operational noise activities exceed the noise level standards? “Daytime” = 7:00 a.m. to 9:00 p.m.; “Nighttime” = 9:00 p.m. to 7:00 a.m. source: Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024 Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. b) Generation of excessive groundborne vibration or groundborne noise levels? Impact Discussion:
Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures and soil type. It is Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
expected that ground-borne vibration from Project construction activities would cause only intermittent, localized intrusion. Table 18.0 presents the expected typical construction equipment vibration levels at the nearest receiver locations. At distances ranging from 33 to 164 feet from typical Project construction activities (at the Project site boundary), construction vibration levels are estimated to range from 0.01 to 0.14. Based on maximum acceptable continuous vibration threshold of 0.20 PPV (in/sec) (in/sec), the typical Project construction vibration levels will not reach building damage thresholds at all receiver locations. Therefore, the Project-related vibration impacts are considered less than significant and no mitigation measures are necessary.
TABLE 18.0
TYPICAL CONSTRUCTION EQUIPMENT VIBRATION LEVELS
LOMA LINDA PEDIATRIC MEDICAL OFFICE BUILDING
Receiver
Location1
Distance to
Const.
Activity
(Feet)2
Typical Construction Vibration Levels
PPV (in/sec)3 Thresholds
PPV
(in/sec)4
Thresholds
Exceeded?5
Small
bulldozer
JackhammerLoaded
Trucks
Large
Bulldozer
Highest
Vibration
Level
R1 164' 0.00 0.00 0.00 0.01 0.01 0.20 No
R2 47' 0.00 0.01 0.03 0.08 0.08 0.20 No
R3 51' 0.00 0.01 0.03 0.07 0.07 0.20 No
R4 33' 0.00 0.02 0.05 0.14 0.14 0.20 No
R5 151' 0.00 0.00 0.01 0.01 0.01 0.20 No
1 Construction receiver locations are shown on Exhibit 11.0. 2dDistance from receiver location to Project construction boundary. 3 Based on the Vibration Source Levels of Construction Equipment 4 ffFRTA Transit Noise and Vibration Impact Assessment, September 2018. 5 “PPV” = Peak Particle Velocity
Source: Loma Linda Medical Office Building – Noise Impact Study” prepared by Urban Crossroads, November 4, 2024 Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels?
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Impact Discussion:
The Project site is not located within two miles of any private airstrip, a public airport or a public use airport. No impacts related to airport noise are anticipated. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions - Noise:
In consideration of the preceding information and analysis, no adverse impacts related to noise have been identified or are anticipated, and no mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
No
Impact
XIV. POPULATION AND HOUSING - Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
SUBSTANTIATION:
Sources: Project Application Materials.
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Impact Discussion:
The Proposed Project is consistent with both the existing General Plan land use designation and zoning; thus it has been incorporated in planned growth. Project construction will generate temporary employment and the operation of the medical office building will generate approximately 279 jobs. A substantial portion of the long term jobs are, however, anticipated to be relocated from other LLUMC facilities in the local area to consolidate pediatric services at the new building. Thus, the net growth in employment will be less than 279 jobs. The proposed project does not require the alteration or expansion of any infrastructure systems or roadways. In consideration of these facts, the proposed project will have a less than significant impact pertaining to direct or indirect population growth. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. □ □ □
□ □ □
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Impact Discussion:
The project site is currently developed as a surface parking lot. No displacement of people or housing will result. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions – Population and Housing:
In consideration of the preceding information and analysis, no adverse impacts pertaining to population and housing have been identified or are anticipated, and no mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XV. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
Fire Protection?
Police Protection?
Schools?
Parks?
Other Public Facilities?
SUBSTANTIATION:
Sources: Project Application Materials, City of Loma Linda website. . . a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
• Fire Protection?
Impact Discussion:
The Fire and Rescue Division of the Loma Linda Department of Public Safety provides fire protection for the City of Loma Linda.16 Fire Station 251, located at 11325 Loma Linda Drive, and Fire Station 252, located at 10520 Ohio Street, services the City of Loma Linda. To ensure adequate fire protection services in an emergency, the City of Loma Linda maintains a joint response/automatic aid agreement with the fire departments in neighboring cities including Colton, Redlands, and San Bernardino. The Department also participates in the California Master Mutual Aid Agreement.
Implementation of the Proposed Project would not cause a significant increase in population or new jobs in the City or result in a significant increase in service calls due to the operations of the proposed Project such that expansion of existing facilities or construction of new facilities would be necessary. The City of Loma Linda requires payment of development fees to mitigate impacts to infrastructure systems, including fire protection. With the collection of development fees, impacts related to fire protection are expected to be less than significant and no additional mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. □
□
□
□
□
□
□
□
□
□
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
• Police Protection?
Impact Discussion:
Police protection for the City is provided by and contracted through the San Bernardino Sheriff‘s Department, located at 655 East Third Street in San Bernardino, at Sheriff’s Headquarters, Central Station. The City shares the cost of law enforcement personnel and equipment with the City of Grand Terrace. Implementation of the Proposed Project would not cause a significant increase in population or new jobs in the City or result in a significant increase in service calls due to the operations of the proposed Project such that expansion of existing facilities or construction of new facilities would be necessary.
The City of Loma Linda requires payment of development fees to mitigate impacts to infrastructure systems, including police protection. With the collection of development fees, impacts related to police protection are expected to be less than significant and no additional mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. • Schools?
Impact Discussion:
Public education in the City of Loma Linda is provided by Redlands Unified School District (RUSD) except for the western portion of the City, which is served by Colton Joint Unified School District (CJUSD). In addition to these school districts, one community day school, overseen by San Bernardino County Superintendent of Schools Office, is located in the City of Loma Linda. While some population and job growth is expected as a result of the Proposed Project, it is not anticipated to generate new school students to a degree that would result in the expansion of existing schools or the construction of new schools (See Section XVI- Population and Housing.) The school districts serving Loma Linda collect development impact fees for the purpose of mitigating potential impacts to school facilities. With the collection of development impact fees, impacts to schools would be mitigated to less than significant level and no additional mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. • Parks?
Impact Discussion:
As described under Section XVI - Recreation, the potential net gain in local residents, as well as use of recreational facilities by future employees that may result from the proposed Project could result in a slight increase in the use of existing neighborhood and regional parks, but not to a level that would cause or accelerate substantial physical deterioration of existing recreational facilities or result in the need for expansion of existing parks or construction of new parks. The City of Loma Linda requires payment Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
of development fees to mitigate impacts to infrastructure systems, including parks. With the collection of development fees, impacts related to parks are expected to be less than significant and no additional mitigation measures are necessary Level of Impact before Mitigation: Les than Significant.
Level of Impact After Mitigation: Less than Significant. • Other Public Facilities?
Impact Discussion:
The potential net gain in local residents, as well as use public facilities by future employees that may result from the proposed Project could result in a slight increase in the use of a variety of other public services. The City of Loma Linda requires payment of development fees to mitigate impacts to infrastructure systems. With the collection of development fees, impacts related to other public services are expected to be less than significant and no additional mitigation measures are necessary Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant.
Summary Conclusions – Public Services:
In consideration of the preceding information and analysis, no adverse impacts to public services have been identified or are anticipated that are not mediated by the payment of development fees. No additional mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XVI. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility will occur or
be accelerated?
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
SUBSTANTIATION:
Sources: Project Application Materials.
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility will occur or be accelerated?
Impact Discussion:
The proposed project is estimated to generate approximately279 jobs. The additional project related employment may potentially increase demand for housing in the local area, although it is reasonable to assume a substantial number of future employees already live in the local area because the LLUMC is a major regional medical facility. In addition, one of the primary objectives of the proposed medical office building is to consolidate pediatric services presently offered at other area LLUMC facilities. the potential net gain in local residents, as well as use of recreational facilities by future employees may result in a slight increase in the use of existing neighborhood and regional parks, but not to a level that would cause or accelerate substantial physical deterioration of existingrecreational facilities. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Impact Discussion:
The proposed Project does not include any recreational facilities, nor would it require construction or expansion of existing recreational facilities, as described in the preceding Response XVI-a) above. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions - Recreation:
In consideration of the preceding information and analysis, no adverse impacts pertaining to recreation services or facilities have been identified or anticipated, and no mitigation measures are required.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
No
Impact
XVII. TRANSPORTATION – Would the project:
a) Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b) Would the project conflict or be inconsistent
with CEQA Guidelines section 15064.3
subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
SUBSTANTIATION:
Sources: “Loma Linda MOB VMT Analysis”, prepared by Urban Crossroads, October 2024. (see Appendix F), Transportation and Circulation Element of the Loma Linda General Plan, 2009; City of Loma Linda Municipal Code; Omnitrans website: https://omnitrans.org/routes/route-19/.; Loma Linda University Health Rideshare Program Regulations (see Appendix G) a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Impact Discussion:
The proposed project is consistent with the Loma Linda General Plan – Land Use and Circulation Elements, and existing zoning on-site. General Plan land use assumptions form the basis of other transportation planning programs such as the 2020 SoCal Connect program adopted by the Southern California Association of Governments (SCAG) and which addresses integrated regional transportation planning.
Barton Road, a fully improved roadway, which abuts the project site on the north, is classified as 4 lane divided highway with bike lanes, a landscaped median, and left turn pockets at major intersections. A bus stop on Omnitrans Route 19 is located on Barton Road adjacent to the Project Site at the corner of Anderson Street. This route provides connection with the Fontana Metrolink Transit Center. Barton Road is designated for a Class II Bicycle Facility which provides a striped lane for one-way bike travel. This Bike Lane is located on both sides of Barton Road. Pedestrian sidewalks exist abutting the Project site on both Barton Road and Anderson Street and no expansion of these facilities is anticipated. No roadway, transit, bicycle or pedestrian improvements have been determined necessary to accommodate development of the proposed Project. □ □ □
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
The proposed Project may also be required to pay traffic mitigation fees to the City of Loma Linda which, among other purposes, are intended to contribute a fair share toward any necessary improvement or expansion of roadways, bicycle or pedestrian facilities needed in the project vicinity. In consideration of these facts, the proposed Project would not conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities.
Level of Impact before Mitigation: Less than significant.
Level of Impact After Mitigation: Less than Significant. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)?
Impact Discussion:
CEQA Guidelines Section 15064.3, subdivision (b) specifies criteria for analyzing transportation impacts and states that Vehicle Miles Traveled (VMT) exceeding an applicable threshold of significance may indicate a significant impact. The City of Loma Linda utilizes impact thresholds established by the County of San Bernardino. An analysis of estimated VMT that would be generated by the proposed Project has been prepared by the firm Urban Crossroads in compliance with these thresholds (see Appendix F. Key information and conclusions are summarized below.
The appropriate VMT metric for non-residential employment projects, such as the proposed medical office building, is VMT per employee. The County Guidelines state a project would result in a significant project-generated VMT impact if the following condition is met:
• A project should be considered to have a significant impact if the project VMT per person/employee is greater than 4% below the existing VMT per person/employee for the County
Additionally, if the Project is inconsistent with the Regional Transportation Plan or Sustainable Community Strategy (RTP/SCS), the Project’s cumulative effect on VMT would be considered significant if it results in increases in the “with project” condition as compared to the ”no project” condition. As is described under Response XVII-a), the proposed Project is considered consistent with assumptions utilized in regional transportation planning programs, per the second criteria, the proposed Project is considered less than significant.
Utilizing the San Bernardino Transportation Analysis Model (SBTAM), the proposed Project is estimated to generate 23.5 VMT per employee, which is above the County’s threshold of 22.0 VMT per employee. Thus, the Project is forecast to exceed the County’s threshold and will require VMT reduction strategies in the form of trip reduction measures to reduce VMT to the extent feasible. Analysis indicates that a 6.2% reduction in VMT would be required to fully mitigate the VMT impact of the proposed Project.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Rideshare regulations have been established by the Loma Linda University Medical Center (LLUMC) in compliance with Federal & State guidelines as established under the EPA (Environmental Protection Agency) 2002 - Clean Air Act, the California Air Resources Board and the SCAQMD (South Coast Air Quality Management District) Rule 2202 – Employer Emissions Reduction Plan & The On-Road Motor Vehicle Mitigation Plan. The proposed Project would be made a participant in this program, which is described in detail in Appendix G to this Initial Study.
In addition to participation in the LLUMC Rideshare Program, the following mitigation measure is recommended. Collectively, these measures would reduce project related VMT by approximately 7.2% and result in a Mitigated Project VMT per employee of 21.8 which would fall below the County significance threshold of 22.0 VMT per employee.
With these measures, the VMT impact of the proposed project would be less than significant.
Level of Impact before Mitigation: Potentially significant • Mitigation Measures:
Mitigation Measure TRA-1: Commute Trip Reduction (CTR) Marketing Program The Project shall formulate a marketing strategy to promote and educate employees about their travel to work choices beyond driving, such as carpooling, taking transit, walking, and biking in order to reduce VMT. The project proponent is encouraged to integrate the MOB CTR program, to the extent practical, with any similar program that may exist for the LLUMC as a whole. The Project CTR program shall be submitted to the City Planner for approval prior to the issuance of Occupancy Permits. The following features (or similar alternatives) have been found to be critical to CTR program effectiveness:
• On-site or online commuter information services.
• Employee transportation coordinators.
• On-site or online transit pass sales.
• Guaranteed ride home service.
Mitigation Measure TRA – 2: End-of-Trip Bicycle Facilities The proposed Project shall install and maintain end-of-trip bicycle facilities on-site for employee use. End-of-trip facilities may include bike parking, bike lockers, showers, and personal lockers.
Level of Impact After Mitigation: Less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Impact Discussion:
As has been previously noted, the proposed project will not necessitate any new or expanded roadway, transit, bikeway or pedestrian facilities. The proposed medical Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
office building is also consistent with General Plan land use and zoning designations; thus implementation would not result in introduction of an “incompatible use”. In consideration of these facts, the proposed Project would have no impact with respect to roadway hazards or introduce an incompatible use in the area.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact..
d) Result in inadequate emergency access?
Impact Discussion:
As has been previously noted, the proposed project will not necessitate any new or expanded roadway, transit, bikeway or pedestrian facilities. Regional emergency access would not be impacted by the project. The Fire Access Plan for the proposed Project, illustrated in Exhibit 11.0, shows the accessible path of travel for fire engines on-site and meets the requirements of the California Code and Chapter 15.28 – Fire Code, of the City of Loma Linda. Project plans must also be reviewed and approved by the Loma Linda Fire Department prior to project approval. No adverse impacts to emergency access are anticipated.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions - Transportation:
In consideration of the preceding information and analysis, no adverse impacts related to transportation have been identified that cannot be mitigated to less than significant level, and appropriate mitigation measures have been incorporated in the proposed Project.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XVIII. TRIBAL CULTURAL RESOURCES
a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
ii) A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1. In applying the criteria
set forth in subdivision (c) of Public Resource
Code Section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American tribe?
SUBSTANTIATION:
Sources: “Cultural Resources Report for the Loma Linda University Children’s Hospital Pediatric Medical Office Building Project, Loma Linda, San Bernardino County, California”, by BCR Consulting, September 2024 (contained in Appendix B); City of Loma Linda General Plan EIR, Section 4.5.2- Cultural Resources, prepared by LSA Associates, 2004. a) Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) ?
Impact Discussion:
According to PRC Chapter 2.5, Section 21074, tribal cultural resources are sites, features, places, cultural landscapes, sacred places, and items with cultural value to a California Native American tribe that are either included or determined to be eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources as defined in Section 5020.1. Public agencies □ □ □
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
must treat any such resources as significant unless the preponderance of evidence demonstrates that they are not historically or culturally significant. The Project site is presently occupied by a paved surface parking lot. No structures of any kind are located on-site and there were no cultural resources identified as eligible for listing to the California Register of Historic Places within or near the Project site during the cultural resources assessment as contained in Appendix B or during the City’s AB52 consultation. Therefore, there would be no impact to known tribal cultural resources.
However, during the AB52 tribal consultation, the Yuhaaviatam of San Manuel Nation YSMN responded and expressed interest in the Project. The YSMN requested that CUL-1, CUL-2 and CUL-3, located in Section V- Cultural Resources, of this document, be made a part of the project/permit/plan conditions to protect for unidentified resources. No other mitigation is considered necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Impact Discussion:
Section 15064.5 of CEQA Guidelines pertains to procedures for determining the significance of impacts to archaeological and historical resources. Per Section 15064.5 a “historical resource” is a resource listed in or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources, or a resource included in a local register of historical resources or identified as significant in an historical resource survey. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. The Project site is presently occupied by a paved surface parking lot. No structures of any kind are located on-site. The definition of a “historical resource” as outlined in CEQA Guidelines Section 15064.5, thus, does not apply to the Project site. No impact to historical resources will occur and no mitigation measures are necessary
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions - Tribal Cultural Resources:
In consideration of the preceding information and analysis, no adverse impacts to tribal cultural resources have been identified or are anticipated, and no mitigation measures beyond CUL-1, CUL-2, and CUL-3 incorporated under Section V - Cultural Resources, are considered necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
No
Impact
XIX. UTILITIES AND SERVICE SYSTEMS - Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available to
serve the Project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c) Result in a determination by the wastewater
treatment provider which serves or may
serve the Project that it has adequate
capacity to serve the Project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of state or
local standards, or in excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
SUBSTANTIATION:
Sources: City of Loma Linda General Plan and General Plan EIR, City of Loma Linda Website. a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Impact Discussion:
The City of Loma Linda would provide domestic (potable) water supply, sewer and wastewater treatment to the proposed project utilizing existing facilities. Wastewater □ □ □
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
treatment services are administered under provisions in a Joint Powers Agreement (JPA) with the City of San Bernardino. The City of San Bernardino wastewater facility has the capacity to process up to 33 million gallons per day (gpd), of which 7 million gpd is allotted to Loma Linda. Of the 7 million gpd allocation, the City currently uses less than half of the assigned 7 million gpd. According to the Loma Linda General Plan, the average wastewater flow generated by the City during ultimate build out conditions is projected to be 6.27 million gpd. Because the proposed Project is consistent with the General Plan, it has been assumed in the ultimate build-out condition scenario. Thus sufficient wastewater treatment capacity exists to accommodate the proposed Project.
The City also requires payment of development impact fees to provide for adequate infrastructure systems including water generation, storage and distribution facilities, storm drainage facilities and wastewater collection systems. In addition, the City of San Bernardino Water Department requires payment of impact fees pertaining to wastewater treatment capacity, With payment of appropriate development impact fees, potential impacts of the proposed Project to water, wastewater treatment and storm drainage facilities are considered less than significant. No mitigation measures are necessary.
Extension of other services by commercial providers, such electric power, natural gas, and telecommunicators would not be significantly impacted by the proposed Project.
None of the urban services systems outlined would be impacted to a degree that would require the construction of new facilities or the relocation of which could cause significant environmental effects. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years? Impact Discussion:
The Proposed Project will receive water from the City of Loma Linda which provides water from six production wells. Loma Linda's main water source is ground water within the Bunker Hill Basin, which is primarily replenished by snow melt from the nearby San Bernardino Mountains. Based on analysis conducted by the City of Loma Linda Public Works Department, the local water supply is considered sufficient to meet projected demand without implementing restrictive measures. The project site is consistent with the General Plan and existing zoning, thus development of the site for a health care facility has been considered in the city’s water planning programs. The type of development proposed (medical office) is also not considered a large water consumer relative to other land uses such as residential land uses.
Should extended drought conditions occur, however, the City has prepared a water shortage contingency plan (WSCP), which is available for review on the City’s website under the Public Works Department. This plan regularly assesses and monitors the City’s ability to provide sufficient water supply and to maintain water quality during Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
normal conditions as well as throughout extended drought conditions. If necessary, the City also has the ability to draw emergency supplemental water supply from the adjacent cities of Redlands and San Bernardino. The WSCP also outlines “demand reduction actions” that the city can implement if conditions warrant. These include measures suchas limiting landscape irrigation, use of potable water for washing hard surfaces, limiting service of water in restaurants, requiring evaporation covers on pools, restricting water use for decorative water features and similar actions. The City of Loma Linda also requires payment of development impact fees for water generation, storage and distribution facilities. In consideration of these facts, the City of Loma Linda is anticipated to have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant Level of Impact After Mitigation: Less than Significant. c)
Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? Impact Discussion:
Please refer to Response XIX - a) above. Wastewater treatment services are administered under provisions in a Joint Powers Agreement (JPA) with the City of San Bernardino. The City of San Bernardino wastewater facility has the capacity to process up to 33 million gallons per day (gpd), of which 7 million gpd is allotted to Loma Linda.
Of the 7 million gpd allocation, the City currently uses less than half of the assigned 7 million gpd. According to the Loma Linda General Plan, the average wastewater flow generated by the City during ultimate build out conditions is projected to be 6.27 million gpd. Because the proposed Project is consistent with the General Plan, it has been assumed in the ultimate build-out condition scenario. Thus sufficient wastewater treatment capacity exists to accommodate the proposed Project. In addition, the City of San Bernardino Water Department requires payment of impact fees pertaining to wastewater treatment capacity, With payment of appropriate development impact fees, potential impacts of the proposed Project to wastewater treatment facilities are considered less than significant. No mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Impact Discussion:
Solid waste services to the City of Loma Linda currently contracts with CR&R Environmental Services to provide solid waste collection services. Solid waste that is Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
not diverted to recycling or composting facilities is transported to the San Timoteo Sanitary Landfill, a County-owned landfill located in the City of Redlands. The San Timoteo Sanitary Landfill is permitted to receive up to a maximum of 2,000 tons per day.
It is estimated that the average disposal rate is 663 tons per day. Under this assumption, landfill capacity is currently anticipated to last until the year 2044. The proposed project would not generate a significant amount of additional solid waste into the City’s waste stream. Impacts to the solid waste collection system would be less than significant and no mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Impact Discussion:
To achieve the State-mandated solid waste diversion goal, the City of Loma Linda has implemented a variety of programs that seek to reduce the volume of solid waste generated, encourage reuse, and support recycling efforts. The City also requires all projects to comply with Resolution No. 2129 Construction and Demolition Recycling/Reuse Policy as adopted by the City Council. Consequently, the proposed Project will comply with federal, state, and local management and reduction statutes and regulations related to solid waste. No adverse impacts have been identified or are anticipated and no mitigation measures are necessary.
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant.
Summary Conclusions – Utilities and Services:
In consideration of the preceding information and analysis, no adverse impacts to utilities and services have been identified or anticipated, and no mitigation measures are required.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from wildfire or the uncontrolled
spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water resources, power
lines or other utilities) that may exacerbate fire
risk or that may result in temporary or ongoing
impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
SUBSTANTIATION:
Sources: City of Loma Linda General Plan, Safety Element, and General Plan EIR. :
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
Impact Discussion:
The central portion of the City of Loma Linda in which the proposed Project is suburban in character. The City of Loma Linda fire Department maintains and implements a Hazard Mitigation Plan as required by State Law. The Plan includes ongoing emergency response coordination with surrounding jurisdictions, including the County of San Bernardino, and a public awareness program among other features. All new developments must comply with the California Building Code and California Fire Code.
As has been noted, the proposed Project incorporates a Fire Access Plan (See Exhibit
8.0) that must be reviewed and approved by the City of Loma Linda Fire Department.
The City’s Hazard Mitigation Plan designates the area as a moderate risk for wildland fires due to the proximity of hilly undeveloped land to the smith of the City. The Safety Element of the Loma Linda General Plan indicates that Barton Road, as one of the two major east-west roadways in the City, is a designated evacuation route. No physical □
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
alteration of the adjoining streets (Barton Road and Anderson Street) is proposed with the Project, thus no impacts to its function as an evacuation route are anticipated.
In consideration of these facts, the proposed Project is not anticipated to adversely affect any aspect of an adopted emergency response plan or an emergency evacuation plan. No mitigation measures are necessary
Level of Impact before Mitigation: Less than Significant.
Level of Impact After Mitigation: Less than Significant. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from wildfire or the uncontrolled spread of a wildfire?
Impact Discussion:
The site topography is essentially level and the site is surrounded by suburban development. The level of exposure to prevailing winds would be similar throughout the City. There are no physical characteristics of the Project site that would make it prone to any factor that would exacerbate wildfire risks. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water resources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Impact Discussion:
The Project site is integrated into the City, and does not require the installation or maintenance of any unusual infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Impact Discussion:
Please see Responses VII-a) iv, Geology and Soils and Response X-c), Hydrology and Water Quality. The Project site and the surrounding area is not subject to significant flooding and has no landslide risks. No mitigation measures are necessary.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
Summary Conclusions – Wildfire:
In consideration of the preceding information and analysis, no adverse impacts related to wildfire risks have been identified or are anticipated, and no mitigation measures are necessary.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
Issues
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
No
Impact
XXI. MANDATORY FINDINGS OF
SIGNIFICANCE:
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of
the major periods of California history or
prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects,
which would cause substantial adverse effects
on human beings, either directly or indirectly?
______________________________________________________________________ a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Summary impact discussion:
The proposed Project is located within a suburban setting. There is no natural habitat existing on-site or in the adjacent area. The site is presently developed as a surface parking lot. No impacts to biological or historical resources have been identified in this Initial Study.
Level of Impact before Mitigation: No Impact.
Level of Impact After Mitigation: No Impact.
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Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Summary Impact discussion:
The proposed Project is consistent with both the General Plan land use designation and zoning on the site and no project specific impacts that cannot be mitigated to a less than significant level have been identified. Although not significant on its own, the proposed Project would contribute to cumulative air emissions in the region, including greenhouse gases, as would all future development in the region. The Loma Linda General Plan EIR was prepared to determine if any significant adverse environmental effects would result with implementation of the proposed General Plan. It concluded that the General Plan would result in unavoidable significant impacts to air quality as well as other impacts.
Mitigation measures were adopted for all significant impacts; however, they would not reduce all cumulative impacts to less than significant levels. As such, the City adopted a statement of overriding considerations to balance the benefits of development under the General Plan against the significant unavoidable adverse impacts. All reasonable mitigation measures have been incorporated into the proposed Project such that it’s contribution to cumulative impacts can be considered less than significant.
Level of Impact before Mitigation: Potentially significant.
Level of Impact After Mitigation: Less than Significant. c) Does the project have environmental effects, which would cause substantial adverse effects on human beings, either directly or indirectly? Summary Impact discussion:
The Proposed Project would not environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. The following impact areas were found to either have “no impact” or “less than significant impacts” pertaining to the proposed project without mitigation: aesthetics, air quality, geology and soils (exposure of humans to significant geological and seismic conditions), hazards and hazardous materials (exposure of humans to hazardous materials or conditions), noise, and wildfire risks. Impacts requiring mitigation to be reduced to less than significant levels included:
cultural resources, greenhouse gases and traffic (vehicle miles travelled). With mitigation, all impacts were reduced to less than significant levels.
Level of Impact before Mitigation: Potentially Significant.
Level of Impact After Mitigation: Less than Significant Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
MITIGATION MEASURES
Any mitigation measures, which are not “self-monitoring”, shall have a Mitigation Monitoring and Reporting Program prepared and adopted at time of project approval. A Draft Mitigation Monitoring and Reporting Program is contained in Appendix H to this Initial Study. The following Mitigation Measures have been identified in the Initial Study and should also be incorporated into Project Conditions of Approval.
• Cultural Resources
Mitigation Measure CUL-1: If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease until a qualified archaeologist meeting Secretary of Interior standards is hired to assess the find and resources are recovered and/or recorded. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, in order to provide Tribal input with regards to potential significance and treatment.
Mitigation Measure CUL-2: If significant pre-contact cultural resources, as defined by CEQA, are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Pla and any resources collected shall be curated with an appropriate reposition.
This plan shall be provided to Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) in its draft form for review and comment. The archaeologist shall monitor the remainder of the project and implement the Monitoring and Treatment Plan accordingly. A final report shall be filed with the City Planner documenting any archaeological resources found and their disposition.
Mitigation Measure CUL-3: If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. A report shall be filed with the City Planner documenting any human remains or funerary objects found and their disposition.
• Transportation
Mitigation Measure TRA-1 Commute Trip Reduction (CTR) Marketing Program The Project shall formulate a marketing strategy to promote and educate employees about their travel to work choices beyond driving, such as carpooling, taking transit, walking, and biking in order to reduce VMT. The project proponent is encouraged to integrate the MOB CTR program, to the extent practical, with any similar program that may exist for the LLUMC as a whole. The Project CTR program shall be submitted to the City Planner for approval prior to the issuance of Occupancy Permits. The following features (or similar alternatives) have been found to be critical to CTR program effectiveness:
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
• On-site or online commuter information services.
• Employee transportation coordinators.
• On-site or online transit pass sales.
• Guaranteed ride home service.
Mitigation Measure TRA – 2 End-of-Trip Bicycle Facilities The proposed Project shall install and maintain end-of-trip bicycle facilities on-site for employee use. End-of-trip facilities may include bike parking, bike lockers, showers, and personal lockers.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
BIBLIOGRAPHY
GENERAL REFERENCES
• City of Loma Linda
1. General Plan, prepared by LSA Associates, 2009 and 2022 Update, Elements: Land Use, Safety, Transportation and Circulation;
2. General Plan Update Final Program EIR, prepared by LSA Associates, 2004, Chapters: Cultural Resources, Geology and Soils, and Safety:
3. Addendum to General Plan Update Final Program EIR, 2008, prepared by LSA Associates;
4. Municipal Code, Multiple sections
5. Zoning Map, 2021
6. “Local Hazard Mitigation Plan”, prepared by City of Loma Linda Fire Department, 2021.
7. “Water Shortage Contingency Plan”, prepared by Water Systems Consultants, Inc.
April 2021;
8. “Part 2: Upper Santa Ana River Watershed - Integrated Regional Urban Water Management Plan”, prepared by Water Systems Consultants, Inc., 2020
9. Development Impact Fees Schedule, 2022.
• Other Agencies
10. “SoCal Connect, The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy”, Southern California Association of Governments and CalTrans, 2020;
11. Omnitrans Routes and Schedules, Omnitrans.org.
12. “Flood Insurance Rtae Mao (FIRM) Panel 8692H, San Bernardino County , Ca and incorporated Areas” , Federal Emergency Management Agency, August 2008.
PROJECT SPECIFIC REFERENCES
13. “Cultural Resources Report for the Loma Linda University Children’s Hospital Pediatric Medical Office Building Project, Loma Linda, San Bernardino County, California”, Prepared by BCR Consulting, September 2024;
14. “Loma Linda Medical Office Building – Air Quality Impact Analysis, City of Loma Linda”, Prepared by Urban Crossroads, Inc., November 2024;
15. “Loma Linda Medical Office Building – Greenhouse Gas Analysis, City of Loma Linda”, Prepared by Urban Crossroads, Inc., November 2024;
16. “Loma Linda Medical Office Building – Noise Impact Analysis, City of Loma Linda”, Prepared by Urban Crossroads, Inc., November 2024;
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
17. “Loma Linda Medical Office Building – Vehicle Miles Traveled (VMT( Analysis, City of Loma Linda”, Prepared by Urban Crossroads, Inc., October, 2024.
18. “Erosion Control Plan - Loma Linda University Children’s Medical Office Building” , Prepared by Goodman & Associates, July 2024;
19. “Water Quality Management Plan For Loma Linda University Children’s Medical Office Building, LOMA LINDA CA”, prepared by Goodman & Associates, August 2023;
20. “Geotechnical Engineering Report - Proposed Children’s Clinics Outpatient Pavilion Loma Linda, San Bernardino County, California”, prepared by Terracon Consultants, Inc, December 2022;
21. Master Development Application, Pediatric Medical Office Building, Case number:
PPD- P23-180, August 2023.
22. Pediatric Medical Office Building, Project Plans, by Mascari Warner Dinh Architects, February 2024.
Pediatric Medical Office Building
Project Number: PPD P23-180 December 5, 2024
Draft Mitigated Negative Declaration City of Loma Linda
REPORT PREPARATION PERSONNEL
• LEAD AGENCY PERSONNEL
Lorena Matarrita, Community Development Director
Nicole Campbell, Associate Planner
• CEQA CONSULTANT
RPG, Inc.
Marie E Gilliam, Principal/Environmental Planner
Joanne Rumpler, Administrative Assistant
• TECHNICAL SUB-CONSULTANTS
Urban Crossroads, Inc.
Haseeb Quereshi, Air Quality, GHG
Ali Dadabhoy, Air Quality, GHG
Shannon Wong, Air Quality, GHG
Alex So, VMT
Noah Johnson, Noise
William A. Maddux, INCE, Noise
ELMT Consulting, Inc
Travis McGill, Director
BCR Consulting (sub-consultant to ELMT)
David Brunzell, M.A, RPA, Principal Investigator/Archaeologist
TO REVIEW THE APPENDICES, VISIT CITY
HALL TO REVIEW EACH ONE SEPARATELY,
OR GO TO: https://
ceqanet.opr.ca.gov/2024120349
1 MITIGATION MONITORING AND REPORTING PROGRAM
Project Case No’s: PPD No. P23-180
Applicant: Loma Linda University Medical Center (LLUMC) Project Name: Pediatric Medical Office Building Lead Agency: City of Loma Linda Date: December 5, 2024
Mitigation Measures No. /
Implementing Action
Responsible
for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
Cultural Resources
Mitigation Measure CUL-1:
If cultural resources are discovered during project
activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease until a qualified archaeologist meeting Secretary of Interior standards
is hired to assess the find and resources are recovered and/or recorded. Work on the other portions of the
project outside of the buffered area may continue
during this assessment period. Additionally, the
Yuhaaviatam of San Manuel Nation Cultural
Resources Department (YSMN) shall be contacted
regarding any pre-contact finds and be provided
information after the archaeologist makes his/her initial assessment of the nature of the find, in order to provide Tribal input with regards to potential significance and treatment..
Applicant/
Contractor; City
of Loma Linda
Community
Development
Department,
and Qualified
Archaeologist
In the event
cultural
resources
are
discovered
Review of finds On-site
inspection
Mitigation Measure CUL-2:
If significant pre-contact cultural resources, as defined by CEQA, are discovered and avoidance cannot be
ensured, the archaeologist shall develop a Monitoring
and Treatment Plan and any resources collected shall
be curated with an appropriate reposition. This plan
shall be provided to Yuhaaviatam of San Manuel
Nation Cultural Resources Department (YSMN) in its
draft form for review and comment. The archaeologist
shall monitor the remainder of the project and
implement the Monitoring and Treatment Plan
accordingly. A final report shall be filed with the City Planner documenting any archaeological resources
found and their disposition
Qualified
Archaeologist
If avoidance
to cultural
resources
cannot be
ensured
Receipt of
Monitoring and
Treatment Plan
Review of plan
ATTACHMENT E
2 Mitigation Measures No. /
Implementing Action
Responsible
for Monitoring
Monitoring
Frequency
Timing of
Verification
Method of
Verification
Verified Date
/Initials
Mitigation Measure CUL-3:
If human remains or funerary objects are encountered
during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be
contacted pursuant to State Health and Safety Code
§7050.5 and that code enforced for the duration of the
project. . A report shall be filed with the City Planner documenting any human remains or funerary objects
found and their disposition
Applicant/
Contractor;
City of Loma
Linda
Community
Development
Department,
and County
Coroner
In the event
human
remains or
funerary
objects are
found
Following
inspection by
the County
Coroner
On-site
inspection
Transportation
Mitigation Measure TRA-1 Commute Trip
Reduction (CTR) Marketing Program
The Project shall formulate a marketing strategy to
promote and educate employees about their travel to
work choices beyond driving, such as carpooling,
taking transit, walking, and biking in order to reduce
VMT. The project proponent is encouraged to integrate
the MOB CTR program, to the extent practical, with any
similar program that may exist for the LLUMC as a
whole. The Project CTR program shall be submitted to
the City Planner for approval prior to the issuance of
Occupancy Permits. The following features (or similar
alternatives) have been found to be critical to CTR
program effectiveness:
• On-site or online commuter information
services.
• Employee transportation coordinators
• On-site or online transit pass sales.
• Guaranteed ride home service.
City of Loma
Linda
Community
Development
Department
Upon receipt
of Draft CTR
Marketing
Program
from
applicant
Prior to the
issuance of
Occupancy
Permits
Review of CTR
Marketing
Program
Mitigation Measure TRA – 2 End-of-Trip Bicycle
Facilities
The proposed Project shall install and maintain end-oftrip bicycle facilities on-site for employee use. End-oftrip facilities may include bike parking, bike lockers, showers, and personal lockers
City of Loma
Linda
Community
Development
Department
Upon receipt
of final
project
building
plans
Prior to the
issuance of
Occupancy
Permits
City of Loma Linda
Regular City Council Staff Report
A. Demands Registers - November 26, and December 24, 2024 and January 14, 2025 [Finance] Meeting
Tuesday, January 14, 2025, 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 11-26-2024.pdf
CC Demands Register 12-24-2024.pdf
CC Demands Register 01-14-2025.pdf
City of Loma Linda
Regular City Council Staff Report
Approval of Minutes December 10, 2024
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3B.
Attachments
Regular City Council-12-10-2024-minutesDraft.pdf
Approval of Minutes for Regular City Council held on December 10, 2024
MINUTES FOR THE REGULAR CITY COUNCIL MEETING
25541 Barton Road, Loma Linda, CA 92354
December 10, 2024, 5:30 PM - December 10, 2024, 8:04 PM Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilmember
Rhonda Spencer-Hwang, CouncilMember
Absent:
Ovidiu Popescu, Councilmember
1. Call to Order
1A. Call to Order- 5:30 PM
The Audit Committee met at 5:30 pm; the regular meeting was called to order at 7:02 pm. 1B. Roll CallCouncilmember Ovidiu Popescu absent.
Staff present: T. Jarb Thaipejr, City Manager; Diane Robbins, City Attorney; Lynette Arreola, City Clerk; Sonia Fabela, Finance Director; Dan Harker, Fire Chief; Lorena Matarrita, Community Development Director; Andrew Sanchez. Customer Support Technician; and Lt. Kaysie Smith, San Bernardino County Sheriff's Department
1C. Workshop - Community Room @ 5:30 pm - Audit Committee - Audit Report for Fiscal Year 2023-2024- 5:30 PM
Mayor Dupper stated that the Finance Department staff, the City Manager, and the Audit Committee met with the Auditors in a workshop before the City Council meeting to review the audit report that would be presented to the City Council.
1D. Invocation and Pledge of Allegiance - Councilmember Rigsby- 7:02 PM The Invocation and Pledge of Allegiance was led by Councilmember Rigsby. 1E. Items to be Added or Deleted- 7:03 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)- 7:03 PM Marjorie Barakian, 11464 Via Lido, requested the City to significantly trim the shrubbery that is growing over the walls into the residential properties along Bryn Mawr Ave., between Lawton Ave. and Via Lora, as it has contributed to a rat infestation in that area. She also reported observing an elderly woman stealing from their blue carts every Thursday morning and expressed concern that the individual might be a victim of elderly abuse.
Brianna Egan expressed concern about the homeless encampments on the north side of Barton Rd., east of California St., and the responsibility of the City to address its homelessness. Mayor Dupper pointed out that the City and the San Bernardino County Sheriff's Department held a workshop last month to update the City and Council on their homeless programs and the collaborative efforts with other agencies who assist with its operations. He noted that while the encampments specified are located within the City of Redlands, the Sheriff's Dept. for Loma Linda has addressed the homeless issues in that area. 1G. Conflict of Interest Disclosure- 7:17 PM
None reported.
2. Scheduled and Related Items
2A. Joint meeting of the City Council and Housing Authority regarding presentation of Annual Comprehensive Financial Report for FY 2023/2024 [Finance]- 7:17 PM Mayor Dupper Called to Order the Housing Authority Board for a Joint Meeting with the City Council.
Finance Director Sonia Fabela introduced Brianna Schultz Welebir and Veronica Hernandez from Rogers, Anderson, Malody & Scott, LLP (RAMS), who would present the Annual Financial Statement, and Anna Briones, Financial Analyst, who would present the financial data.
Brianna Schultz stated that her meeting with the Audit Committee and her presentation would be on the audit results. She provided a brief overview of the City's and RAMS's responsibilities during the audit process. She highlighted that the City received an Unmodified Opinion, the highest assurance level an auditor can provide. She explained that significant accounting policies were consistently applied, and all disclosures were appropriately reflected in the financial statements. Brianna expressed her appreciation for the work from Sonia and Anna, noting that they provided clean support on their first request, that no material errors or irregularities were identified, and that there were no accounting issues or findings. She thanked the City and Finance team for their cooperation and efforts.
Anna Briones, Senior Accountant/Financial Analyst, presented the City's financial statements for Fiscal Year 2024, explaining the statement covers the City's, the Loma Linda Housing Authority's, and the Successor Agency's, a private trust fund, financials. She provided a summary of the three main sections of the Annual Comprehensive Financial Report (ACFR): 1) Introductory, 2) Financial, and 3) Statistical (Unaudited). She reviewed the statement of activities of the Government-wide statements, which is a complete financial report of the City; the City's Financial Results of the Government-Wide Financial Statements; the City's Financial Results of the Fund Financial Statements; and the City's Financial Results for the Statement of Net Position; and, finally, the Successor Agency's Financial Results all as presented in her PowerPoint presentation. She pointed out that the Management Discussion and Analysis section, pages 5-17, would provide a detailed summary and analysis of the ACFR. She thanked all department staff for their assistance in the preparation of the City's 2024 Annual Comprehensive Financial Report. She noted that the report not only includes financial data but also the City's significant accomplishments for 2024. She concluded stating that the document would be posted on the City's website.
Councilmember Rigsby thanked the Finance Department under the leadership of Finance Director Sonia Fabela for their exceptional work.
Finance Director Fabela extended her appreciation to Ms. Briones, commending her dedication and hard work. She noted that the department has consistently received the GFOA award every year and emphasized her gratitude for Ms. Briones' contributions to this achievement.
The Annual Comprehensive Report for FY 2023/24 was received for filing by the City Council.
3. Consent Calendar
Motion by Rhodes Rigsby, seconded Rhonda Spencer-Hwang, passing by a vote of 4-0-0-0-1, Absent was Ovidiu Popescu
to Approve the Consent Calendar as submitted.
3A. Demands Registers - November 12, and December 10, 2024 [Finance]- 7:55 PM Approved the Demands Registers dated December 10, 2024, with commercial demands totaling $550,385.37 and Payroll dated December 5, 2024, totaling $397,817.76. The Demands Register dated November 12, 2024, was previously approved by the City Council at their November 12, 2024, meeting. 3B. Approval of Minutes November 12, 2024 [City Clerk]- 7:55 PM Approved the minutes of November 12, 2024, as submitted. 3C. Treasurer's Report - November 2024 [Finance]- 7:55 PM Accepted the November 2024 Treasurers Report for filing. 3D. Fire Department's Activity Report - November 2024 [Fire]- 7:55 PM Accepted the November 2024 Fire Department's Activity Report for filing. 3E. Request from Two Canyons Conservancy to Waive the Planning Application Fees for the Frink Adobe Historical Preserve Project [Community Development]- 7:55 PM Approved to waive the Planning Application Fees for the Frink Adobe Historical Preserve Project. 3F. Council Bill #R-2024-40 - Cal OES Designation of Applicant's Agent Resolution– Hazard Mitigation Grant Program and Pre-Disaster Mitigation Program [Fire]- 7:55 PM Adopted Council Bill #R-2024-40,
Resolution No. 3238
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES WITH THE STATE OF
CALIFORNIA, CALIFORNIA GOVERNER'S OFFICE OF EMERGENCY SERVICES 3G. Authorization to apply for the Emergency Management Performance Grant (EMPG) FY 24- 25 [Fire]- 7:55 PM
Authorized the Fire Department to apply for the 2024 Emergency Management Performance Grant (EMPG) and authorized the City Manager to execute related grants and accept additional grand funding should it become available.
3H. Community Development Block Grant (CDBG) Project Prioritization for Fiscal Year 2025- 2026 [Public Works]- 7:55 PM
Approved the Fiscal Year 2025-26 Community Development Block Grant (CDBG) proposed service projects and the Construction Improvement Projects as recommended by staff. 3I. Council Bill #R-2024-41 - A Resolution Establishing the New Salary Table for Employees Effective January 1, 2025 [Human Resources]- 7:55 PM
Adopted Council Bill #R-2024-41;
RESOLUTION 3239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, ESTABLISHING THE NEW SALARY TABLE FOR EMPLOYEES EFFECTIVE JANUARY 1, 2025.
4. Old Business
4A. Status Update on the Revenue-Generating Ad hoc Committee [Councilmember SpencerHwang]- 7:56 PM Councilmember Spencer-Hwang reiterated that the purpose of the ad hoc committee is to brainstorm ideas and strategies for generating revenue for the City. She provided a list of the committee members she put together from the community, local business owners, Loma Linda University, the Chamber of Commerce, and university students, who would bring diverse expertise to the table. She was open to input from the Council. She anticipated the Committee would begin meeting in January. Following her attendance at the League of California Cities Conference where she met with other City leaders, she stated that some neighboring cities offered consulting support and ideas. She shared that the University referred her to Mia Kyricos of Kyricos & Associates LLC, an international leader in the wellness industry specializing in consulting services. She noted that Ms. Kyricos had visited Loma Linda and expressed interest in meeting with each Councilmember to learn more about the City and its needs. She confirmed that information on Ms. Kyricos's business was emailed to all Councilmembers. She asked the City Clerk to assist in scheduling these meetings.
5. New Business
No items.
6. Reports
6A. Reports of Council Members- 8:04 PM
No reports.
6B. Reports Of Officers- 8:04 PM
City Manager Thaipejr gave a status report on the Lopers Holiday Classic held on December 8, and the Christmas Tree Lighting ceremony on December 2.
7. Adjournment
The meeting adjourned at 8:04 pm.
City of Loma Linda
Regular City Council Staff Report
C. Treasurer's Report - December 2024 [Finance]
Meeting
Tuesday, January 14, 2025, 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
Dec 24 TREAS REPORT.pdf
DEMAND DEPOSIT ACCOUNTS
CITY - BANK OF AMERICA - MAIN CHECKING ACCOUNT $ 1,850,840.23 Outstanding Checks as of month-end (1,746,090.67)
CITY - MAIN CHECKING ACCOUNT AVAILABLE BALANCE 104,749.56 $ BANK OF AMERICA - PAYROLL $ 20,093.25
HOUSING AUTHORITY - BANK OF AMERICA - CHECKING ACCOUNT 383,573.12 Outstanding Checks as of month-end (3,835.51)
HOUSING AUTHORITY - CHECKING ACCOUNT AVAILABLE BALANCE 379,737.61 $ SUCCESSOR AGENCY - BANK OF AMERICA - CHECKING ACCOUNT 18,707.10 Outstanding Checks as of month-end -
SUCCESSOR AGENCY - CHECKING ACCOUNT AVAILABLE BALANCE 18,707.10 $ DEMAND DEPOSIT ACCOUNTS - TOTAL $ 523,287.52
YIELD
LOCAL AGENCY INVESTMENT FUND (LAIF)
CITY 4.434% $ 56,062,642.90
CITY - Former RDA Bond Proceeds 4.434% 438,669.68
CITY -Total 56,501,312.58
SUCCESSOR RDA 4.434% 2,658,949.28
HOUSING AUTHORITY 4.434% 1,410,499.31
INVESTMENTS TOTALS $ 60,570,761.17
OTHER CASH
IMPREST ACCOUNT $ 500.00
CASH ON HAND 1,350.00
OTHER CASH TOTAL $ 1,850.00
CASH AND INVESTMENTS - GRAND TOTAL 61,095,898.69
PREVIOUS MONTH 57,001,443.54
CHANGE +/(-) $ 4,094,455.15
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
December 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 12/23 1/24 2/24 3/24 4/24 5/24 6/24 7/24 8/24 9/24 10/24 11/24 12/24
CITY OF LOMA LINDA
MONTHLY TREASURER'S REPORT 12/23-12/24
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 - December 2024 [Fire] Meeting
Tuesday, January 14, 2025, 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
December 2024 Fire Activity Report.pdf
1 of 1
SUBJECT: December 2024 Fire Department Activity Report
Operations Division:
The Fire Department’s Operations Division responded to 489 incidents in December 2024.
There were 35 calls/incidents given or received in Mutual/Automatic Aid. The alarm types are broken down as follows:
Fire & Rescue Month YTD
Medical Aid (MA) 347 71.0% 3586 67.8%
Traffic Collision (TC) 12 2.5% 148 2.8%
MA + TC 359 73.4% 3734 70.6%
Hazardous Conditions 1 2.40% 40 0.70%
Hazardous Material 0 0.40% 11 0.40%
Public Assistance 21 6.90% 250 5.50%
Rescue 0 0.90% 15 0.60%
Structure Fire 4 2.10% 32 1.00%
Cooking 1 0.00% 7 0.10%
Vegetation Fire 0 0.40% 41 0.70%
Vehicle Fire 1 0.00% 13 0.10%
Refuse Fire 6 1.10% 88 1.40%
All Fires 12 3.60% 181 3.30%
Good Intent/Dispatched
& Cancelled Enroute 39 8.0% 454 8.6%
Fire Alarm Activation* 22 4.5% 228 4.3%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.
City of Loma Linda
Regular City Council Staff Report
E. Update Operating Agreement with City of Colton [Fire] Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3E.
To
City Council
From
Dan Harker, Fire Chief
RECOMMENDATION:
It is recommended that the City Council approve the Automatic Aid agreement (Exhibit A) and Operating Plan (Exhibit B) between the City of Loma Linda Fire Department (LLFD) and the City of Colton Fire Department (CFD).
BACKGROUND:
The City of Loma Linda and the City of Colton have a longstanding history of collaboration in emergency response.
Both municipalities are legally authorized and equipped to provide fire protection, emergency medical services (EMS), hazardous materials response, and technical rescue within their respective jurisdictions. The proposed Automatic Aid Agreement and Operating Plan establish a formal and organized structure for reciprocal emergency services. This agreement aligns with the "closest unit" response model, designed to ensure that the most appropriate and timely resources are dispatched to emergencies, regardless of jurisdictional boundaries. This collaboration aims to enhance public safety and optimize emergency response times for the benefit of both communities.
ANALYSIS:
The agreement specifies that each department will respond to emergencies in the other jurisdiction with the nearest available units. This system reduces response times and improves outcomes for life and property protection. The arrangement also provides for the sharing of specialized resources and joint training, fostering a unified and effective emergency response strategy.
The agreement stipulates the use of the Incident Command System (ICS), ensuring coordinated command structures and seamless incident management. The Agency Having Jurisdiction (AHJ) will have authority over strategic decisions, while initial incident command will be managed by the first arriving unit, regardless of jurisdiction.
The agreement is based on mutual aid without financial compensation, except for circumstances covered under separate reimbursement agreements or provisions. This approach emphasizes the spirit of cooperation and mutual support between Loma Linda and Colton.
The Operating Plan outlines procedures for automatic dispatching through the San Bernardino Communications Center. Both agencies agree to abide by shared dispatch protocols, utilize compatible radio communications, and coordinate resource deployment through Computer-Aided Dispatch (CAD) systems.
Joint training initiatives are mandated under the agreement, ensuring that personnel maintain a high level of skill and interoperability.
FINANCIAL IMPACT:
The implementation of this Automatic Aid Agreement and Operating Plan does not require additional appropriations. Each party will continue to cover costs related to their own personnel, equipment maintenance, and insurance. The agreement enhances resource efficiency without imposing financial burdens on either jurisdiction.
Attachments
2025 Agreement and Operating Plan Colton and Loma Linda.pdf
City of Loma Linda
Regular City Council Staff Report
F. Agreement with Atkinson, Andelson, Loya, Rudd & Romo (AALRR) for Legal Services relating to General Labor and Employment Law [City Manager]
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3F.
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:
Renew the legal services agreement with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) regarding Administrative Human Resources.
BACKGROUND:
The City established a legal services agreement with Atkinson, Andelson, Loya, Ruud & Romo to provide legal services and consultation relating to general employment law matters, labor negotiations and labor advice in 2008.
The previous agreement was executed on June 25, 2018. The renewal agreement includes an increase in the hourly rates for the Partners of Counsel, Associates, Paralegals and the individual billing rates of the Law Firm members by $15.00 per year commencing January 1, 2026.
ANALYSIS:
AALRR has provided the City of Loma Linda with exceptional legal services and expertise in labor and employment matters since 2008. Their guidance has been instrumental in navigating complex legal issues, ensuring compliance with labor laws, and supporting the City’s efforts to maintain a productive and legally compliant work environment.
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
Funding for this service is budgeted in Expense Account No. 0011940-51840.
Attachments
AALRR Attorney Representation Agreement - 2025(52177740.1) (2).pdf
ATTORNEY REPRESENTATION AGREEMENT
I. PARTIES
This Attorney Representation Agreement ("Agreement") is entered into by and between the law firm of ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a professional corporation, hereinafter referred to as "Attorney" or the "Law Firm" and the CITY OF LOMA LINDA, hereinafter referred to as "Client."
II. PURPOSE
Client desires to retain and engage Law Firm to provide services and consultation relating to general labor and employment law needs and other services on an as-needed basis. Law Firm accepts this engagement on the terms and conditions contained in this Agreement.
III. TERMS AND CONDITIONS
A. Fees for Services
1. Hourly Rate Services
Client agrees to pay the Law Firm at the following standard hourly rates:
Partners/Of Counsel: $375
Associates (depending on years of professional experience): $300–$350 Paralegals: $235
The rate structure set forth above and the individual billing rates of the Law Firm members providing services to Client shall increase by $15.00 per year, commencing on January 1, 2026.
2. Costs and Expenses
In addition to the fees described above, Client agrees to pay a five percent (5%) “administrative fee” calculated and based on the total monthly billed fees to cover certain operating expenses of the Law Firm incurred in providing services to Client. This administrative fee is in lieu of charging Client for Westlaw, photocopies, automobile mileage, parking, facsimiles, telephone, document preparation, and postage.
Costs relating to fees charged by third parties retained to perform services ancillary to the Law Firm's representation of Client are not included and are charged separately. These include, but are not limited to, deposition and court reporter fees, transcript costs, witness fees (including expert witnesses), process server fees, and other similar third party fees. The Law Firm shall not be obligated to advance costs on behalf of Client; however, for purposes of convenience and in order to expedite matters, the Law Firm reserves the right to advance costs on behalf of Client with
Client's prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less.
B. Billing Practices
1. A detailed description of the work performed and the costs and expenses advanced by the Law Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month, unless other arrangements are made.
Payment of the full amount due, as reflected on the monthly statement, will be due to the Law Firm from Client by the 10th of the month following delivery of the statement, unless other arrangements are made. In the event that there are funds of Client in the Law Firm's Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm's Trust Account to the Law Firm's General Account to the extent of the balance due on the monthly statement and a credit will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 60 days will be subject to a 1% per month service charge.
2. Hourly rate services shall be charged to Client at a minimum increment of onetenth hour, including reasonable travel time billed portal-to-portal. When time spent by Attorney on a particular service exceeds one-tenth hour, the charge will be rounded up to the next one-tenth hour increment.
3. Client agrees to review the Law Firm’s monthly statements promptly upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement.
4. After the conclusion of a particular engagement (e.g. an investigation) should a need arise for the Firm to respond to any subpoena or discovery, to provide testimony at deposition, trial or arbitration, or to otherwise perform services with respect to any matter relating to or arising out of that engagement, Client shall compensate the Firm at its then applicable rates for time expended, including all required preparation time.
C. Termination of Representation
Client has the right, at any time, and either with or without good cause, to discharge the Law Firm as its attorneys. In the event of such a discharge of the Law Firm by Client, however, any and all unpaid attorneys' fees and costs owing to the Firm by Client shall be immediately due and payable.
The Law Firm reserves the right to discontinue the performance of legal services on behalf of Client on a particular matter upon the occurrence of anyone or more of the following events:
1. Upon order of a court of law requiring the Law Firm to discontinue the performance of legal services;
2. Upon a determination by the Law Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue the performance of legal services;
3. Upon a failure of Client to perform any of Client’s obligations with respect to the payment of the Law Firm’s fees, costs or expenses as reflected on the monthly bill; or,
4. Upon failure to cooperate with Law Firm as described in paragraph E.
In the event that the Law Firm ceases to perform legal services for Client, Client agrees that it will promptly pay to the Law Firm any and all unpaid fees and costs advanced. Further, the Client agrees that, with respect to any litigation where the Law Firm has made an appearance in a court of law on its behalf, Client will promptly execute an appropriate Substitution of Attorney form. Any termination of Law Firm's representation on such a matter may be subject to approval by the applicable court of law.
D. Possible Third Party Conflicts
The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm's representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse Representation”). Client's consent to this arrangement is required because of its possible adverse effects on performance of the Firm's duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.
E. Client Cooperation
Client understands and agrees that, in order for the Law Firm to represent Client effectively, it is necessary for Client to assist and cooperate with the Law Firm during this engagement. Client agrees to: (1) make its employees and officials available to discuss issues as they arise; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis.
Noncooperation will be grounds for the Law Firm's withdrawal from representing Client on a particular matter. It is essential that Client and the Law Firm maintain open communications.
F. Identification of Insurance Coverage
With respect to insurance coverage for any matters covered by the scope of services under this Agreement, Client agrees that it has the responsibility, rather than the Law Firm, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure Client. If Client desires that the Law Firm become involved in identifying potential insurers and/or the tender of legal disputes, then a separate written agreement between Client and the Law Firm to that effect will be required.
G. Arbitration: Waiver of Jury Trial
If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall be resolved by confidential and binding arbitration upon the written request of one party after service of that request on the other party.
There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Fresno County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters.
The parties shall each have the right of discovery in accordance with Code of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be significantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration proceeding. Unlike court proceedings, arbitration proceedings are conducted privately and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers. There is no limitation on the type of monetary damage that can be awarded by the arbitrator.
The client is advised that the client has the right to have an independent lawyer of client’s choice review this arbitration provision.
H. Protection of Client Confidences - High Tech Communication Devices The Law Firm is aware of its important obligation to preserve the secrets and confidences of its clients which it holds in precious trust for them. To that end it is important that Client and the Law Firm agree from the outset what kinds of communications technology the Law Firm should employ in the course of representing Client. For example, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.
Therefore, Client should only provide the Law Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to Client for receiving confidential communications from the Law Firm. Client agrees that the Law Firm may use any of the cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Law Firm should not use.
I. Document Retention and Destruction
After a file on a matter is closed, Client has a right to request the Law Firm to return the file to Client. Absent such a request, the Law Firm shall retain the file on Client's behalf for a period of five (5) years. Following this period of time, the Law Firm will destroy such files.
J. Miscellaneous
1. Law Firm and Client agree that the Law Firm, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of Client.
2. The Law Firm maintains errors and omissions insurance coverage applicable to the services to be rendered.
K. Entire Agreement
This Agreement represents the entire agreement between Client and the Law Firm unless a particular matter is covered by a separate written agreement. By execution of this Agreement, Client certifies that it has carefully reviewed and understands the contents of this Agreement and agrees to be bound by all of its terms and conditions. Furthermore, Client acknowledges that the Law Firm has made no representations or guarantees regarding the outcome, or the time necessary to complete or resolve a particular matter. No change or waiver of any of the provisions of this Agreement will be binding on either Client or the Law Firm unless the change is in writing and signed by both Client and the Law Firm.
IV. DURATION
This Agreement shall commence on January 1, 2025. The attorney-client relationship between the Firm and Client will cease at the conclusion of the matter(s) specified above. If the Firm is not asked by Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both Client and the Firm agree that the attorney-client relationship ///
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terminated on the last date the Firm provided advice without further action or notice by either party.
“Law Firm”
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Dated: By:
Kevin R. Dale
“Client”
CITY OF LOMA LINDA
Dated: By:
T. Jarb Thaipejr
City Manager
City of Loma Linda
Regular City Council Staff Report
G. Agreement with MetTel for replacement of City's Plain Old Telephone Service (POTS) lines [Information Systems]
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3G.
To
City Council
From
Kyle MacGavin, Information Systems Manager
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that the City Council approve the agreement with MetTel for the replacement of the City's Plain Old Telephone Service (POTS) lines.
BACKGROUND:
In 2019 the Federal Communications Commission (FCC) passed order 19-72A1 which instructed a migration from POTS to modern alternatives. In the wake of this order, telecom companies have been increasing pricing to encourage customers to move away from POTS. The City's current POTS line provider has recently increased their service price, so this agreement will move the City onto a more cost effective technology and future proof the City's POTS line requirements for years to come.
ANALYSIS:
The City has received three quotes for POTS replacement service. The service offered from MetTel was found to be the most cost effective. Their service package includes devices that are emergency rated which entails battery backup and SIM card fail over in the event of power and/or internet failure. The agreement is on a 36 month term, entails a one time non recurring cost of $2,000 for implementation, and monthly recurring cost of $734.84 for all 18 lines. City attorney has reviewed the agreement.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funds are currently available in the City Wide 51830 Contracts accounts.
Attachments
City of Loma Linda - MetTel PIAB proposal 1-3-25.pdf
City of Loma Linda Communications Solution
MetTel Confidential Information
The foregoing services are being purchased in accordance with the terms and conditions of the Master Service Agreements entered into by and between customer and MetTel. Above rates do not include taxes, surcharges, features and usage. Federal, state and local taxes and other items not quoted are in addition to the above services.
1 MetTel Communications Solution
Prepared For Presented On Presented By
City of Loma Linda January 3, 2025 Packet Fusion
City of Loma Linda Communications Solution
MetTel Confidential Information 2
Dear City of Loma Linda,
Thank you for the opportunity to propose a MetTel solution for your business communications needs. At MetTel, we strive to achieve the best value for our customers by providing a comprehensive suite of telecommunications solutions. From traditional voice services to software-defined networks and mobility solutions, MetTel is the preferred solution provider of enterprise and government customers.
We are committed to delivering immediate and sustainable cost and operational efficiencies to our customers:
• Significant hard and soft dollar savings
• Cloud-based communications management platform with
detailed invoicing, reporting and help desk functionality • Service availability for all communications solutions across the United States, Canada, and Puerto Rico
• Superior, 24/7/365 U.S.-based customer care
I look forward to reviewing the enclosed proposal with you and addressing any questions you may have.
Thank you.
Packet Fusion
SOLUTION PORTFOLIO
Data & Network Solutions
Ethernet Services
MPLS
Data T1
Cable Internet
SD-WAN
Business Fiber
Managed Router
Managed Firewall
Managed Wi-Fi
IPsec & SSL VPN
Advanced Voice Solutions
Cloud PBX
Unified Communications (UC)
SIP Trunking
SIP PRI
Audio & Web Conferencing
Digital Voice
Cloud Managed Solutions
Hosted Exchange
Online Backup
IP Business
Patching & Antivirus
IT Management Services
Mobility Solutions
Mobile Device Management (MDM)
Nationwide Mobility
Fixed Wireless/Mobility
Push-to-Talk (PTT)
Mobile Help Desk
Internet of Things (IoT)
Mobile POTS
Professional & Consulting
Solutions
Communications Management
Platform (Bruin)
Professional Services
Managed Services
Traditional Solutions
Business Lines
Local & Long Distance
Toll-Free
High Speed Internet
ISDN PRI
PRI
Point-to-Point Private Lines
Centrex
PBX Trunks
City of Loma Linda Communications Solution
•Minimum Activation Fee for 36 Month Term is $1,000.
Rates above quoted in USD. Wireline Internet access not included in above. MetTel provided wireless service is intended as a back up to wireline Internet Service. The Edge 9010/9090 includes one Technician visit credit of up to 3 hours with up to $500 applied towards installation charges. If number porting is required, a second, up to 3 hour Technician visit, with a credit of up to $500 towards installation charges. Regular on-Site installation fees apply at $250 for the 1st Hour and $125.00 each additional hour during normal business hours; any amount of MetTel Technician time in addition to the Time Allotment as stated here, and in the Statement of Work, will be charged to the Customer at the rates stated above (during normal business hours of 9am‐5pm, Monday through Friday). Wireless pooled plan overage rate is $11.00 per GB.
Shipping, taxes, regulatory fees and surcharges are not included above. The foregoing Products are being purchased in accordance with the terms and conditions of the Master Service Agreement entered into by and between Customer and MetTel (“MSA”). The effective date of the Initial Term for any Product will be the date that the applicable Product is installed, delivered and/or available for use, as applicable, or, for existing Products, the date this Schedule becomes effective. This document shall constitute a ''Schedule'' to the MSA and is subject to the terms and conditions of the MSA. Capitalized terms used but not defined have the meanings given to them in the MSA.
MetTel Confidential Information 3
Initial
\i1\ here
Prepared For
City of Loma Linda
Expiration Date
Feb 02, 2025
Authorized By
Date
January 3, 2025
Agent
Bridgepointe Technologies, LLC
Agent ID
AGTMASTBT891405
Quote ID
SQ-00390542
Opportunity ID
006TQ00000GK0FbYAL
Term
36 Month
Total
Monthly Recurring Cost (MRC)
$734.84
Total
Non Recurring Cost (NRC)
$1,000.00
Total
Locations
4 10520 Ohio St, Loma Linda, CA 92354-1812 USA
Product Term Qty. Per Unit MRC NRC
Specialty Line User w/Bruin License 36 Month 1 $44.99 $44.99 $0.00 Rented Equipment - Edge 9010 - Installed 36 Month 1 $15.00 $15.00 $0.00 One Time Activation Fee 36 Month 1 $200.00 $0.00 $200.00 Site Total $59.99 $200.00
11325 Loma Linda Dr, Loma Linda, CA 92354-3723 USA
Product Term Qty. Per Unit MRC NRC
Specialty Line User w/Bruin License 36 Month 8 $34.99 $279.92 $0.00 Rented Equipment - Edge 9090 - Installed 36 Month 1 $20.00 $20.00 $0.00 One Time Activation Fee 36 Month 1 $200.00 $0.00 $200.00 Site Total $299.92 $200.00
25976 Mission Rd, Loma Linda, CA 92354-6536 USA
Product Term Qty. Per Unit MRC NRC
Specialty Line User w/Bruin License 36 Month 3 $34.99 $104.97 $0.00 Rented Equipment - Edge 9090 - Installed 36 Month 1 $20.00 $20.00 $0.00 One Time Activation Fee 36 Month 1 $200.00 $0.00 $200.00 Site Total $124.97 $200.00
26000 Barton Rd, Loma Linda, CA 92354 USA
Product Term Qty. Per Unit MRC NRC
Specialty Line User w/Bruin License 36 Month 6 $34.99 $209.96 $0.00 Rented Equipment - Edge 9090 - Installed 36 Month 2 $20.00 $40.00 $0.00 One Time Activation Fee 36 Month 2 $200.00 $0.00 $400.00 Site Total $249.96 $400.00
City of Loma Linda Communications Solution
•Minimum Activation Fee for 36 Month Term is $1,000.
Rates above quoted in USD. Wireline Internet access not included in above. MetTel provided wireless service is intended as a back up to wireline Internet Service. The Edge 9010/9090 includes one Technician visit credit of up to 3 hours with up to $500 applied towards installation charges. If number porting is required, a second, up to 3 hour Technician visit, with a credit of up to $500 towards installation charges. Regular on-Site installation fees apply at $250 for the 1st Hour and $125.00 each additional hour during normal business hours; any amount of MetTel Technician time in addition to the Time Allotment as stated here, and in the Statement of Work, will be charged to the Customer at the rates stated above (during normal business hours of 9am‐5pm, Monday through Friday). Wireless pooled plan overage rate is $11.00 per GB.
Shipping, taxes, regulatory fees and surcharges are not included above. The foregoing Products are being purchased in accordance with the terms and conditions of the Master Service Agreement entered into by and between Customer and MetTel (“MSA”). The effective date of the Initial Term for any Product will be the date that the applicable Product is installed, delivered and/or available for use, as applicable, or, for existing Products, the date this Schedule becomes effective. This document shall constitute a ''Schedule'' to the MSA and is subject to the terms and conditions of the MSA. Capitalized terms used but not defined have the meanings given to them in the MSA.
MetTel Confidential Information 4
Initial
\i1\ here
CONFIDENTIAL Page 1 of 1 PALW080322
Alarm Liability Waiver
In connection with the Master Service Agreement (“MSA”) between Manhattan Telecommunications Corporation LLC (“MetTel”) and Customer identified below and the Products to be provided by MetTel thereunder, Customer agrees as follows (capitalized terms used but not defined in this waiver have the meanings given to them in the MSA):
Customer understands that alarm systems connected to POTS Transformation/PIAB Service (“PIAB Service”) using Internet, Voice over IP and other IP technologies will operate differently than traditional TDM voice service.
Customer acknowledges that MetTel is not an alarm service company and is not responsible for the functionality of Customer alarm and other systems connected to the PIAB Service. MetTel will configure and connect Customer’s equipment in accordance with Customer’s instructions, however, MetTel assumes no responsibility for compatibility or proper operation of Customer’s connected devices, which may include fire and burglar alarm systems.
MetTel recommends Customer regularly test the Products for proper operation with its alarm / monitoring provider. Without limiting the warranty disclaimers set forth in the MSA, Customer specifically acknowledges that MetTel does not represent or warrant that the transmission of alarm or other signals will not be interrupted, circumvented or compromised, or that Customer’s alarm or other system will be compatible with MetTel Products.
Customer understands that services may be disrupted or degraded by network congestion, atmospheric conditions, power failures or other conditions beyond MetTel’s control. Use of wireless interfaces as the sole or primary connection may result in a less reliable connection. The use of these services may prevent signal transmission and can interfere with the line-seizure and other features of customer’s alarm system. Customer is responsible for having these services tested by an authorized alarm inspection company or systems expert, as applicable, to ensure signal transmission and features are operating as expected. Customer accepts full responsibility for alarm, safety and monitoring system compliance with the authority having jurisdiction. Without limiting the other limitations of liability herein, IN NO EVENT SHALL METTEL OR ITS VENDORS BE LIABLE
FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES OF ANY KIND ARISING OUT OF THE USE,
ATTEMPTED USE, OR INABILITY TO ACCESS LIFE SUPPORT, ALARM OR MONITORING SYSTEMS OR DEVICES, 911 OR E911, OR OTHER EMERGENCY CALL OR SERVICE.
Agreed and accepted:
Customer: ____________________________
By: __________________________
Name: _______________________
Title: _________________________
Date: _________________________
MetTel Confidential Information MSA TRIF 042924
Master Service Agreement
Voice, Data & IP Services and Products
This Agreement (as further defined in Section 12) is entered into this date of \date1{"textsize":"x-small"}\ (“Effective Date”), by and between Manhattan Telecommunications Corporation LLC, having its principal place of business at 55 Water Street, 32nd Floor, New York, NY 10041 (hereinafter referred to as “MetTel”), and \co1 {"textsize":"x-small"}\______________________having its principal place of business at \customtext1 {“label”:”Address”, "textsize":"X-small"}\ (hereinafter referred to as “Customer”).
1. PRODUCTS AND SERVICES / TERM. Customer agrees to acquire from MetTel the services (“Services”), software (“Software”) and equipment (“Equipment”) identified on the schedules to this Agreement (“Schedules”), for a 36 month period, unless a different term is specified on the Schedules (as applicable, the “Initial Term”). Services, Software and Equipment are collectively referred to as “Products.” The effective date of the Initial Term for any Product will be the date that the applicable Product is installed, delivered and/or available for use, as applicable, or, for existing Products, the date hereof. Customer will take all actions necessary to effectuate the Initial Term in a timely fashion.
2. RENEWAL. The Initial Term will automatically extend for additional one (1) year periods (each, an “Additional Term” and, together with the Initial Term, the “Term”) at the same Monthly Equipment Rental Charges for Equipment (as established by Section 18 below), and MetTel’s then standard twelve month term rates for other Products, unless either party gives the other party written notice of non-renewal at least ninety (90) days prior to the expiration of the then-current Term.
3. PAYMENT. Customer shall pay the rates and charges for Products provided under this Agreement and all applicable taxes and surcharges that may be authorized or required under laws, regulations, or tariffs in connection therewith. Except for taxes based on MetTel’s net income, Customer will be responsible for all taxes, regulatory costs, fees and surcharges arising from or in connection with an order, rule or regulation of any governmental or quasi-governmental authorities imposed on or incident to the provision, sale or use of Products, whether on Customer, MetTel, MetTel Providers or any of their affiliates. MetTel will bill Customer each month and all invoices are due and payable twenty-five (25) days after the invoice date. Customer shall send payments to the address specified on the invoice.
In the event that MetTel incurs costs (collection and/or attorney fees) to recover amounts owed under this Agreement, MetTel may add these costs to any amounts outstanding. MetTel, in addition to any other remedies available to it, may impose a late fee of the greater of five (5) dollars or one and one-half percent (1.5%) per month on any charges not paid by the due date or, if less, the maximum amount allowed by law. In addition, MetTel may suspend Products, in whole or in part, if amounts owed hereunder are past due.
4. LOCATION(S) / ADDITIONAL PRODUCTS. The Products shall be provided under the terms of this Agreement to the Customer locations specified on the Schedules. Other Customer locations, renewals or additional Products may become subject to this Agreement by submission of additional Schedules (including orders submitted via email) by or on behalf of Customer and accepted by MetTel. Each Schedule or order accepted by MetTel will commence a new Initial Term for the Products covered by the Schedule or order. Except as expressly set forth therein rate cards (Schedules with indefinite quantities) may be discontinued by MetTel at any time other than for previously-activated Products. Equipment under a Schedule is subject to availability and pricing is subject to periodic change.
5. LIMITS ON LIABILITY. Neither party will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, cable cuts by third parties, flood, weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, software bugs, viruses and the like, acts of regulatory or governmental agencies, or other causes beyond their reasonable control (collectively, “Force Majeure”), except for the obligation to pay amounts due under this Agreement. As used in this Agreement, “service failure” means a failure to comply with a direction or obligation to install, restore or terminate Services, a failure to provide Services and failures, mistakes, omissions, interruptions, degradation, delays, errors, defects or the like occurring in the course of the provision of Services. The total maximum aggregate liability hereunder, if any, of MetTel and its affiliates and suppliers and their officers, directors, agents and employees for damages arising out of this Agreement, the relationship created hereby or out of the furnishing of Products shall be limited to: (i) for service failures: a repair or re-performance of the Service, and a pro-rata refund of any prepaid fees for continuous service failures in excess of 24 hours, (ii) unless directly caused by the willful misconduct of MetTel, no liability for injury to persons or property, losses (including any loss of business), damages, claims or expenses of any kind caused by Equipment or Software, and (iii) in all other cases proven direct damages in an amount limited to the Service charges paid by Customer under this Agreement during the three months preceding the date of accrual of the first claim, even if the other limitations of liability set forth herein fail of their essential purpose. In addition, none of MetTel or its affiliates and suppliers or any of their officers, directors, agents or employees will be liable to the Customer for any consequential, indirect, incidental, reliance, exemplary, special, punitive or other like damages including without limitation loss of use, profits, revenue, business or goodwill with respect to any claims arising under this Agreement or regarding the Products to be provided hereunder, even if MetTel has been advised of the possibility of such damages. Without limiting the foregoing, it is expressly understood and acknowledged that the underlying service provider shall have no liability whatsoever for Customer losses, claims or damages for any cause whatsoever, including but not limited to any service failure, regardless of the form of action, whether in contract or in tort or otherwise.
6. LETTER OF AUTHORIZATION/AGENCY. MetTel will act as Customer’s authorized agent for all matters related to obtaining connectivity service records and to the provisioning of local and long distance communications services associated with all Customer’s telephone numbers. MetTel has the authority to order local, regional, and long distance changes on all numbers associated with the accounts listed on the attachments to this Agreement. MetTel shall not release any information regarding Customer’s telecommunications services without obtaining the Customer’s written approval except where required pursuant to subpoena or court order. To the extent possible, MetTel shall freeze Customer’s services so that a third party (including another carrier) cannot complete a change without having the Customer contact MetTel and authorize the change.
7. CONFIDENTIAL INFORMATION. Each party shall hold in confidence and not use, except to perform its obligations hereunder, information received from the other party that is designated confidential or proprietary or that a reasonable person would treat as confidential based upon the nature of the information disclosed or the circumstances of the disclosure (“Confidential Information”) for the MetTel Confidential Information MSA TRIF 042924
Term and a period of 2 years thereafter. The parties agree that Confidential Information shall include the pricing and terms and conditions of this Agreement, any proposals or requests for proposals, and information relating to the disclosing party’s technology, business affairs, and marketing or sales plans. Neither party shall use Confidential Information for any purpose other than in furtherance of performance under this Agreement or disclose Confidential Information to any third party other than to entities that are bound by non-disclosure obligations that are substantially similar to those set forth in this Agreement. The fact that the parties are engaged in a business relationship is not Confidential Information. Customer must obtain MetTel’s written permission prior to disclosing any MetTel Confidential Information to any competitor of MetTel. The foregoing restrictions shall not apply to information that: (a) is or becomes publicly available through no act or omission of the receiving party; (b) was already in the lawful possession of the receiving party without an obligation of confidentiality; (c) is lawfully disclosed to the receiving party by a third party that is not restricted from making such disclosure; (d) is required to be disclosed by subpoena or other legal process, limited to the extent required by the terms of such subpoena or other legal process; (e) is approved in writing by the disclosing party for further disclosure; (f) is independently developed without reference to the Confidential Information and is so documented by the receiving party; or (g) is required to port telephone numbers. Receiving party acknowledges that the unauthorized use or disclosure of any such Confidential Information is likely to cause irreparable injury to disclosing party for which there is no adequate remedy at law. Accordingly, receiving party acknowledges that disclosing party may seek injunctive relief against it to prevent or remedy any breach of the confidentiality obligation described herein without disclosing party being required to post bond.
8. TERMINATION.
8.1. Default. A party shall be deemed in default of this Agreement (a “Default”) upon the occurrence of any one or more of the following events:
(a) except with respect to payment defaults, such party materially fails to perform its material obligations under this Agreement and such nonperformance is not remedied within thirty (30) days after receipt of written notice thereof, provided that if the breach is of such a nature that it cannot be cured within thirty (30) days, then such party shall not be in Default so long as it commences to cure within such period of time and thereafter diligently and continuously pursues such cure to completion; or (b) such party fails to make any payment under this Agreement when due and such failure is not remedied within ten (10) days after receipt of written notice thereof.
Upon the occurrence of a Default and subject to the applicable notice and cure periods and Section 8.2 below: (i) the aggrieved party may terminate or suspend the applicable Services affected by such uncured Default, and (ii) with respect to Licensed Software and/or Rented Equipment, MetTel may terminate the applicable Product. Notwithstanding the foregoing, Customer understands and agrees that Customer cannot terminate Customer’s payment obligations with respect to Software or Equipment in a Schedule, which obligations are more specifically addressed in Section 17 relating to Software and Section 18 relating to Equipment prior to the end of the applicable Initial Term for any reason. The foregoing shall be in addition to any other rights and remedies that MetTel may have under this Agreement or at law, in equity or otherwise.
8.2. Effect of Termination. If Customer discontinues any Service before the expiration of the applicable Initial Term or applicable Additional Term, or if MetTel terminates this Agreement or any Service for Customer’s Default, Customer will be liable to MetTel for termination charges equal to the monthly recurring charges for the applicable discontinued Services, multiplied by the number of months remaining in the Term, plus any charges MetTel incurs from third parties because of Customer’s early termination of the applicable Services and for any charges that may have been waived. Customer must give MetTel prior written notice of any Service termination (using MetTel standard forms), and, in addition to the amounts set forth above, will be responsible for all charges for such Service up to the date such Service is disconnected, as well as any charges in connection with the termination. Additionally, if MetTel terminates Service, Licensed Software and/or Rented Equipment for Customer’s Default, and/or Customer is in default under any Schedule, and/or any Service is discontinued before the expiration of the applicable Initial Term or applicable Additional Term without contracting for a replacement Service where any Licensed Software and/or Rented Equipment, as applicable, utilized in connection with the discontinued Service will be redeployed, in addition to the amounts set forth above, Customer will pay MetTel an amount equal to (a) any Monthly Licensed Software Charges (as established by Section 17 below), multiplied by the number of months remaining in the applicable Term, discounted at 3% per annum, related to any Licensed Software utilized in connection with the discontinued Service, plus (b) any Monthly Equipment Rental Charges (as established by Section 18 below), multiplied by the number of months remaining in the applicable Term, discounted at 3% per annum, relating to any Rented Equipment utilized in connection with the discontinued Service, plus (c) any applicable taxes; and Customer will be required to return any Rented Equipment and any other equipment supplied by MetTel in connection with the discontinued Service to the location designated by MetTel (at Customer’s expense) in good working condition and free from all liens, charges and encumbrances within 10 days after termination of the Service for which it was used or of this Agreement, or Customer will pay MetTel’s purchase price for the equipment as invoiced by MetTel. If MetTel assigned the Rented Equipment and right to receive Monthly Equipment Rental Charges and/or Monthly Licensed Software Charges to a third-party for financing purposes, then the assignee may exercise any of MetTel’s rights and remedies independently from MetTel.
9. INTERNET & IP VOICE SERVICES DISCLOSURE.
9.1. 911Disclosure. The Federal Communications Commission (“FCC”) requires MetTel to obtain Customer’s acknowledgement that it has received the following disclosures regarding possible circumstances that COULD IMPAIR YOUR ABILITY TO ACCESS E911 SERVICE: (1) if you utilize equipment that relies on electricity, you will lose E911 service (and service generally) if such devices lose access to electricity such as in a power failure. To reduce the risk of disruption, Customer should deploy a back-up power supply to operate phones and related equipment; (2) if you move your location you must notify us at least 30 days in advance so that we may program the correct information into the E911 system. Otherwise, the E911 system will not contain your correct information; (3) you may be unable to complete calls to 911 or otherwise in the event of network failures or congestion; (4) if you obtain telephone numbers that are not associated with your calling area, you may not be able to reach E911 services; (5) you must notify MetTel of any change in your designated key personnel for E911 notifications, otherwise notifications that an end-user has placed a 911 call will not be deliverable. By executing this Agreement, Customer acknowledges that it understands and accepts the above limitations, and that it will convey these limitations to all persons who may have occasion to use the Services. California multiline customers: please view additional important disclosures and informative brochure at: https://www.mettel.net/about-mettel/legal/legal-regulatory-notices/.
MetTel Confidential Information MSA TRIF 042924
9.2. VoIP 911 Service and Acknowledgement. Please read the VoIP Schedule on the MetTel website at http://www.mettel.net/company/voip-911.html which is incorporated herein by reference and made a part of this agreement. If you are subscribing to VoIP Service (hosted PBX, VoIP or SIP Trunking), Customer (you) agree to the terms of the VoIP Schedule and further agree that: (1) you have received and have read and understood the terms and conditions relating to VoIP Service, including 9-1-1 service; (2) you and all users of your Service understand the nature and limits of 9-1-1 service associated with VoIP; and (3) if you change the location in which you use Service in any way, including operating Service outside of the address that you have given to MetTel, you must immediately contact MetTel, and that failure to do so may adversely affect your 9-1-1 service.
9.3. Alarm Systems and Internet Voice Application Disclosure. Please view additional important disclosures at our Policies URL concerning interoperability of VoIP and POTS replacement products with alarms systems and other legacy equipment.
10. NOTICES. Notices under this Agreement shall be sent to MetTel, Legal Department, 101 Crawfords Corner Road, Suite 4-311, Holmdel, NJ, 07733, and to Customer at the above address. Either Party may change their mailing and/or billing address by written notice in accordance with this Section. Notices may be sent by first-class U.S. mail, postage prepaid, certified, return receipt requested, or by an overnight carrier, and shall be deemed effective five (5) business days after mailing by first-class U.S. mail, one (1) business day after mailing by an overnight carrier or upon receipt.
11. MISCELLANEOUS. MetTel may perform its obligations under this Agreement through its affiliates, agents, suppliers or subcontractors (the “MetTel Providers”), but MetTel shall not be relieved of its obligations by using the MetTel Providers. MetTel may assign all or part of this Agreement to any of its affiliates or successors. MetTel may assign its rights to payments hereunder, and its rights in the Equipment and Software, to a third party for financing purposes as provided for in the Licensed Software and Equipment Rental Sections below.
With reasonable prior notice, Customer may assign this Agreement to any entity that is the successor to substantially all of its assets or business, subject to MetTel’s acceptance of the assignee and execution and delivery of MetTel standard assignment forms. All other attempted assignments shall be void without MetTel’s prior written consent. This Agreement shall be governed by the laws of New York, without regard to its choice of law principles, and the venue for any legal action or litigation involving this Agreement and all proceedings held in such action or litigation will be exclusively the courts of the State of New York, or the federal courts of the United States of America, in each case located within New York County. Each party agrees that any cause of action or claim will be resolved individually and Customer agrees that it will not consolidate or seek class treatment for any claims in connection with this Agreement, unless previously agreed to in writing by both parties. If any part of this Agreement is rendered invalid or unenforceable, the rest of the Agreement will remain valid and enforceable. Provisions of this Agreement that by their terms or nature must survive expiration or termination of this Agreement, will survive expiration or termination of this Agreement, including, but not limited to Sections 3, 5, 7, 8, 11 – 18 and 20 – 22.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver thereof or of any subsequent default or failure of performance, and no waiver by either party of any breach shall be construed as a waiver of any subsequent breach or as a waiver of the provision itself or any other provision. Purchase orders or other non-MetTel ordering documents relating to Products issued by Customer containing different or additional terms will be construed solely as evidence of Customer’s internal business processes and will have no effect on this Agreement or any Products except to the extent evidencing acceptance of a Schedule. If objection is not received by MetTel within three months after an invoice is rendered, the items and charges appearing thereon shall be determined to be correct and binding upon Customer. Customer authorizes MetTel to monitor and record calls to or from MetTel concerning the Services for MetTel’s training and quality control purposes.
12. TARIFFS, SERVICE PUBLICATIONS, ENTIRE AGREEMENT. This Agreement consists of: (i) the terms in the body of this Master Service Agreement (“MSA”), (ii) any attachments incorporated herein by reference (iii) any attachments and Schedules later added to this agreement ((ii) and (iii), collectively, “Attachments”) (iv) MetTel product guides, price lists and product use terms (collectively, “Service Publications”) and (v) any applicable tariffs ((i) – (v) collectively, the "Agreement”). This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written. The rates, terms and conditions that apply pursuant to applicable tariffs are subject to change in accordance with the rules of applicable state regulatory commission and/or Federal Communications Commission. Service Publications are found on the MetTel website (https://www.mettel.net/about-mettel/legal/tariffs-product-guides/ as of the date of this Agreement, referred to hereafter as the “Policies URL”), are subject to change from time to time when updated on the MetTel website and are incorporated herein by reference to the extent they do not conflict with the terms of the MSA or any Attachment. Except as otherwise set forth herein, no amendment, waiver or modification of this Agreement shall be valid unless in writing and signed by both parties. Handwritten changes to this Agreement (including without limitation any Attachment) are not valid. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.
13. USE OF PRODUCTS. Products purchased under this contract cannot be resold. Customer agrees that it is responsible and accepts full liability for all use of the Products, with or without its permission, and will not resell the Products purchased under this Agreement or distribute/ transfer the Products purchased under this Agreement to any person or entity other than its employees. The Products may not be used for any unlawful, abusive, or fraudulent purpose, in violation of the then-current acceptable use policy (“AUP”) located at the Policies URL or another designated url, to support illegal robocalling activity, or in any way that violates or infringes upon the rights of others. Customer agrees to promptly reply, and assist MetTel to reply, to a request from law enforcement or a traceback administrator authorized by USTelecom’s Traceback Group for information about suspicious robocalls that have been sent to a downstream provider.
Customer shall defend, indemnify and hold harmless MetTel and its affiliates and suppliers and their respective officers, directors, agents, affiliates, and employees from and against any claims, liabilities, losses, costs, or damages, (including legal fees and costs) arising out of any user’s use or attempted use of Products. Broadband speed claim(s) represent maximum downstream and/or upstream speed capabilities which may vary and are not guaranteed. Factors including line quality and Customer’s distance from the exchange may limit available bandwidth.
14. WARRANTIES. CUSTOMER AGREES THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS,
WITH ALL FAULTS, AND THAT METTEL DOES NOT WARRANT THAT THE PRODUCTS WILL BE WITHOUT FAILURE, DELAY,
INTERRUPTION, ERROR, DEGRADATION OF QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION, AND SPECIFICALLY
DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AS TO ANY PRODUCTS, INCLUDING WITHOUT LIMITATION MetTel Confidential Information MSA TRIF 042924
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. METTEL IS NOT THE MANUFACTURER OF ANY EQUIPMENT. WITH RESPECT TO METTEL, CUSTOMER PURCHASES OR RENTS THE EQUIPMENT, AS APPLICABLE, “AS IS.” EQUIPMENT SHALL BE SUBJECT TO THE WARRANTIES, IF ANY, PROVIDED TO CUSTOMER BY THE EQUIPMENT MANUFACTURER. MODIFICATIONS MAY VOID OR OTHERWISE LIMIT ANY WARRANTY APPLICABLE TO THE EQUIPMENT. WITH RESPECT TO SECURITY PRODUCTS INCLUDING
WITHOUT LIMITATION CLOUD FIREWALL & SASE, CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT NO VENDOR
CAN ASSURE COMPLETE SECURITY AND NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE.
15. UNAUTHORIZED USAGE. It is understood that MetTel is under no obligation to investigate the authenticity of calls charged to Customer's account and shall not be liable for any fraudulent or unauthorized calls processed by MetTel and billed to Customer's account.
Notwithstanding, in the event MetTel discovers or reasonably suspects fraudulent calls are being made, or that the Services are being used in connection with (i) illegal, fraudulent or abusive activity, (ii) activity that places MetTel’s (or its providers’) network at risk or could subject MetTel (or its providers) to liability to a third party or (iii) in a manner that violates this Agreement, the AUP or infringes the rights of a third party (including without limitation, to support illegal robocalling activity), nothing contained herein shall prohibit MetTel from taking immediate action, without notice to Customer, that is reasonably necessary to prevent such calls or transmissions from taking place, but is under no obligation to do so.
16. HOSTED PRODUCTS. This section applies solely to MetTel-hosted Services, including hosted PBX. MetTel will provide Customer with password-protected access to its hosted Service(s). Passwords are selected by Customer or its end-users, and Customer shall be solely and exclusively responsible for protecting all account passwords and the use and control of access to Customer’s account.
17. LICENSED SOFTWARE. This section applies to all SD-WAN services and any other Products listed on a Schedule designated as “Licensed Software” on such Schedule. By Customer’s acceptance of the terms of such Schedule, Customer thereby agrees to pay MetTel the monthly amounts set forth on the Schedule relating to the Licensed Software, plus applicable taxes (the “Monthly Licensed Software Charges”) for the Initial Term of the applicable Licensed Software. The Initial Term for Licensed Software will commence on the earlier of (i) the date of activation of the Licensed Software, or (ii) ninety (90) days after the date of shipment of the Equipment associated with the Licensed Software (if any). Notwithstanding anything to the contrary, Customer understands and agrees that Customer is unconditionally obligated to pay all Monthly Licensed Software Charges for the applicable Initial Term, and is not entitled to withhold any Monthly Licensed Software Charges or reduce or set-off against any amounts owed relating to the Licensed Software for any reason. Licensed Software cannot be discontinued before the expiration of the applicable Initial Term for any reason. At the conclusion of the Term, Licensed Software and Customer’s obligation to pay Monthly Licensed Software Charges relating thereto will automatically terminate without further action required by either party, unless MetTel in its sole discretion allows a limited month to month extension, subject to authorization from the underlying provider. Customer understands that MetTel may assign Customer’s payment obligations relating to any Licensed Software to a third-party for financing purposes and that, if assigned, the assignee will have all of MetTel’s rights to receive the Monthly Licensed Software Charges, but will not be subject to any claim, defense, or set-off assertable against MetTel or anyone else.
18. RENTED EQUIPMENT. This section applies to any Equipment listed on a Schedule designated as “Rented Equipment” on such Schedule and all Equipment provided under a Schedule for a monthly fee. By Customer’s acceptance of the terms of the Schedule, Customer thereby agrees to rent the Rented Equipment and pay MetTel the monthly amounts set forth on the Schedule relating to the rental of the Rented Equipment, plus applicable taxes (the “Monthly Equipment Rental Charges”) for the Initial Term designated on the Schedule for the applicable Rented Equipment. The Initial Term for any Rented Equipment will commence on the date the applicable Rented Equipment is delivered to Customer or any later date designated by MetTel. Notwithstanding anything to the contrary, Customer understands and agrees that Customer is unconditionally obligated to pay all Monthly Equipment Rental Charges for the Initial Term, and is not entitled to withhold Monthly Equipment Rental Charges or reduce or set-off against any amounts owed relating to the rental of the Rented Equipment for any reason. Customer’s obligations with respect to Rented Equipment cannot be discontinued before the expiration of the applicable Initial Term for any reason. Customer agrees to keep the Rented Equipment in good working order, use it for business purposes only, not modify or move it from its initial location without MetTel’s consent and to keep the Rented Equipment fully insured against loss at its replacement cost, with MetTel named as loss payee, and to provide proof of such insurance satisfactory to MetTel upon MetTel’s request. Customer will be responsible for any damage to or loss of the Rented Equipment, and understands that no such loss or damage to the Rented Equipment will relieve Customer from its obligation to make all Monthly Equipment Rental Charges for the entire Initial Term. MetTel owns the Rented Equipment. Customer agrees to pay when due, either directly or by reimbursing MetTel, for all taxes and fees relating to the Rented Equipment (including, but not limited to, sales or use tax due upfront which will be payable over the Initial Term with a finance charge). Customer’s obligations with respect to the Rented Equipment (including, but not limited to, Customer’s obligation to pay Monthly Equipment Rental Charges) shall continue on a month to month basis after the end of the Initial Term, or any subsequent Additional Term, unless Customer (A) provides MetTel at least thirty (30) days prior written notice that Customer has determined to return the Rented Equipment at the end of the applicable Initial Term or Additional Term and (B) Customer timely returns the Rented Equipment to the location designated by MetTel, at Customer’s expense. If the returned Rented Equipment is not immediately available for use by another customer without need of repair, Customer will reimburse MetTel for all repair costs. Customer understands that MetTel may assign the Rented Equipment and Customer’s payment obligations relating to the Rented Equipment to a third-party for financing purposes and that, if assigned, the assignee will have all of MetTel’s rights with respect to the Rented Equipment and Customer’s payment obligations relating to the Rented Equipment, but will not be subject to any claim, defense, or set-off assertable against MetTel or anyone else. All Schedules, orders or attachments that include equipment are subject to review and approval by MetTel credit, and may require a deposit. Equipment prices do not include shipping charges, which will be the responsibility of Customer. Risk of loss or damage to any Equipment (including portions thereof) and Software purchased outright passes to Customer on delivery to the freight carrier. Notwithstanding the foregoing, if MetTel and Customer enter into a separate rental or finance agreement relating to any equipment provided by MetTel (an “Equipment Use Agreement”), Customer’s obligations with respect to such equipment (payment or otherwise) shall be solely governed by the Equipment Use Agreement, and any modification or termination of this Agreement or the Services shall not operate to modify or relieve Customer from any of Customer’s obligations under the Equipment Use Agreement. An Equipment Use Agreement may be required for orders with significant Equipment. Amounts owed MetTel under any Equipment Use Agreement are not MetTel Confidential Information MSA TRIF 042924
included in the charges for the Services, Software or Equipment under this Agreement, though such amounts may be invoiced along with the charges owed by Customer to MetTel under this Agreement for Customers convenience.
19. INSTALLATIONS. Installation means Service delivery to the demarcation point (the MetTel designated physical interface between the MetTel Service and Customer’s telecommunications equipment) which is generally at the MPOE (minimum point of entry). Service, wiring (including extensions of the demarcation point) and equipment for use on Customer’s side of the demarcation point are the responsibility of Customer and may be provided by MetTel at an additional cost. Installation does not include buildout or the construction of facilities (if applicable). Cloud-based Services like cloud firewall or SIP call paths are installed and active when the service has been enabled for use in the cloud. Software and Equipment (including Equipment provided in connection with a Service like Starlink) does not include installation except as specified in a Schedule.
20. METTEL SOFTWARE.
(A) Use. The following terms apply to any software application embedded in CDS Products and any software application provided to Customer for use with the Service for which there is not a specified monthly payment provided for in a Schedule including, without limitation, the Bruin portal at app.Bruin.com (including any successor, “Portal”), in each case, provided by or on behalf of MetTel (“MetTel Software”). Subject to compliance with this Agreement, and except where a separate license is provided, MetTel hereby grants to Customer a non-exclusive, non-transferable, non-sublicensable, revocable license to use such MetTel Software in object code form only and solely by Customer for Customer’s internal business purposes in connection with the Services during the Term. MetTel Software will be deemed a Service under this Agreement but not subject to a Term unless otherwise identified and provided as a separate Service under a Schedule to this Agreement or embedded in another Product. Customer may not and may not permit others to (i) provide, disclose or make MetTel Software available to any third party, or (ii) copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from, the MetTel Software or any portion thereof, or otherwise attempt to discover the source code or underlying ideas, algorithms, structure or organization of, or reproduce the design of, the MetTel Software or components thereof. Customer agrees that MetTel Software contains proprietary content, design, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and will not use or permit use of such proprietary content, information or materials in any way whatsoever except for permitted use of the MetTel Software provided under this Section. Customer shall be solely and exclusively responsible for protecting all account passwords and the use and control of access to Customer’s account. Except for limited rights to use MetTel Software, no license under patents, copyrights, trademarks, service marks, trade names or other indicia of origins or other right is granted to Customer in the MetTel Software or in MetTel’s trademark, copyright, patent, trade secret or other proprietary rights nor shall any such rights be implied or arise by estoppel with respect to any transactions contemplated under this Agreement. (B) Feedback. Customer or its employees may communicate to MetTel suggested modifications, design changes, or improvements to the MetTel Software (“Feedback”). Customer agrees that MetTel will have any and all rights and interests in any Feedback without the payment of any consideration, and that any Feedback will be considered Confidential Information.
21. CUSTOMER PROPRIETARY NETWORK INFORMATION (“CPNI”). Pursuant to federal law, CPNI is (A) information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by Customer, and that is made available to MetTel by Customer solely by virtue of the carrier-customer relationship; and (B) information contained in the bills pertaining to telephone service received by Customer. MetTel will not use, disclose, or permit access to Customer’s CPNI except in its provision of services from which such information is derived, or as authorized or required by federal law, or as expressly authorized by Customer. To protect customers’ CPNI from inappropriate disclosure to unauthorized third parties, MetTel has implemented strict safeguards that restrict the ability of MetTel representatives to disclose certain information to or permit certain changes to accounts by inbound callers or visitors to MetTel’s offices and that regulate MetTel’s ability to provide customers with account access over online portals. The FCC permits business customers and their telephone service providers to agree to flexible customer authentication methods that are suited to an efficient business relationship. Customer hereby agrees that its MetTel dedicated account representative and MetTel customer support personnel who are responsible for commercial accounts may disclose Customer CPNI or make changes to Customer’s account at the request of persons that they reasonably believe to be Customer’s authorized representatives and that MetTel may provide online access to Customer CPNI via the Portal or in any commercially reasonable manner, and that third parties authorized in writing to MetTel may have access to Customer’s CPNI. Customer may at any time contact its dedicated account representative to request access to its CPNI. Customer hereby authorizes MetTel to share Customer CPNI with Customer’s agents and employees as though such persons were the Customer hereunder; such authorization may be withdrawn as to any person or entity at any time upon written notice to MetTel.
Customer agrees that MetTel may share CPNI with its affiliates, agents, and partners relating to business operations, and with businesses acting on MetTel’s behalf, to determine if Customer could benefit from the wide variety of MetTel and Affiliate, agent, partner products and services, and in its marketing and sales activities. Customer may withdraw its authorization at any time by informing MetTel in writing.
Customer’s decision regarding MetTel’s use of CPNI will not affect the quality of Service MetTel provides to Customer.
22. FIXED-RATE SERVICES. For purposes of this Agreement, “Fixed-Rate Services” means Services for which MetTel’s underlying rates and charges do not change during the applicable Term. Rates, discounts and terms for any Services for which MetTel’s underlying costs from the underlying carrier change are subject to change from time to time, subject to any applicable tariffs.
23. PRIVATE LINE / MPLS. Where Customer is ordering private line or MPLS service from MetTel, the end points for which are located in the same state, Customer agrees that MetTel will classify such services as jurisdictionally interstate and pass through applicable taxes and surcharges accordingly, such as the federal Universal Service Fund surcharge, unless by checking this box \\checkbox1\ [Initials \initial1{"size":"medium"}\_] Customer warrants and certifies that ten percent (10%) or less of the traffic across each such service is and will be interstate. Under FCC rules, it is the nature of the traffic itself, and not the physical endpoints of the facility provided by MetTel, that determines jurisdiction. For example, Internet traffic is interstate when used to connect to content delivered from a different state or country. Customer shall notify MetTel within 15 days if the foregoing certification is no longer valid.
24. LEGAL AND REGULATORY CHANGES. If any law, regulation or other action of a government authority (collectively a “Government Action”) after the Effective Date affects the charges or allocation or collection of costs under this Agreement, the parties agree that MetTel MetTel Confidential Information MSA TRIF 042924
may adjust the charges under this Agreement to conform to such Government Action while collecting the same charges that would have been collected absent the Government Action.
25. SUNSET AND TECHNOLOGY TRANSITION. MetTel will not sunset any Services during the Term without providing Customer at least 30 days prior written notice or, if longer, such period required by applicable law, prior to the sunset date and will continue to provide the sunsetting Services at the rate provided in this Agreement through the sunset date, after which such Services will be disconnected.
No Service disconnected in connection with a sunset by MetTel will incur termination charges. Customer may elect to terminate the sunsetting Services at any time during the period preceding the sunset date, at which time MetTel will provide reasonable assistance in coordinating cutover to Services provided by other carriers. In addition, MetTel may transition Products to alternatives providing substantially similar functionality provided the aggregate monthly recurring charges for the new Products are not greater than such charges for the Product being replaced. Such replacements will not be a sunset within the meaning of this Section.
26. CREDIT REVIEW. Service acceptance by MetTel is subject to MetTel's initial and continuing credit approval procedures and policies.
MetTel reserves the right to withhold initiation or full implementation of any or all Services or delivery of any equipment under this Agreement pending MetTel’s satisfactory review and approval thereof which may be conditioned upon terms specified by MetTel, including but not limited to security for payments due hereunder.
27. TECHNOLOGY MIGRATION. Customer has retained MetTel to assist with technology migration and replacement of its TDM voice Services such as POTS, Centrex, PRI and BRI (collectively, “Legacy Services”) with new technology. As such, Customer agrees and hereby requests that wherever reasonably possible MetTel replace any Legacy Services provided under this Agreement with alternate Products (including without limitation, Services using Voice over IP) providing substantially similar functionality, provided in each case that the aggregate monthly recurring charges for the replacement Products (excluding taxes and surcharges) are not greater than such charges for the replaced Legacy Service, and that such charges will not be increased over a new thirty-six month Initial Term that the parties agree will begin upon activation of the replacement Product (“Replacement Product”). Upon either party’s request the parties will prepare and execute a Schedule setting forth the Replacement Product and will work in good faith to complete conversion to the Replacement Product, including without limitation, by providing site access to complete the installation.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers, each copy of which will for all purposes be deemed to be an original.
AGREED AND ACCEPTED:
Customer: \co1 {"textsize":"x-small"}\_________________________ Manhattan Telecommunications Corporation LLC Billing Address: \customtext1 {“label”:”Billing Address”,"textsize":"x-small"}\____ _ Signature By \s2 {"size":"medium"}\_____________________ Signature By \s1{"size":"medium"}\____________________ _ Print Name: \n2 {"textsize":"x-small"}\_________________________ Print Name and Title \n1{"textsize":"x-small"}\___________ _\t1{"textsize":"x-small"}\ Title \t2 {"textsize":"x-small"}\_______________________ __ Contact Tel:\customtext1 {"label": "Contact tel","textsize":"x-small"}\ E-mail \email1{"textsize":"x-small"}\_ Date _\d1{"textsize":"x-small"}\ ______________\d2{"textsize":"x-small"}\ _ Fed. Tax ID \customtext1 {“label”:”Fed. Tax ID”,”textsize”:”x-small”}\_ Client Profile
Prepared For
City of Loma Linda
Expiration Date
Feb 02, 2025
Authorized By
Date
January 3, 2025
Agent
Bridgepointe Technologies, LLC
Agent ID
AGTMASTBT891405
Quote ID
SQ-00390542
Opportunity ID
006TQ00000GK0FbYAL
Term
36 Month
Please complete the below form with information needed to create a new MetTel client ID.
If more than one business or technical contact should be created, please list that in the notes section.
Client Name (per MSA) \wb1 {"apiName":"Opportunity.Account.Name"}\______________________________________ Company URL \wb1 {"apiName":"Opportunity.Account.Website"}\ Business Contact Primary contact for reviewing and approving services to all locations.
Technical Contact Primary contact for all technical concerns.
Headquarters Address
Billing Address
Billing Contact
Billing Email For Invoice(s)
First Name \wb1 {"apiName":"Opportunity.Business_Contact_First_Name__c"}\ Last Name \wb1 {"apiName":"Opportunity.Business_Contact_Last_Name__c"}\ Email \wb1 {"apiName":"Opportunity.Business_Contact_Email__c"}\ Phone \wb1 {"apiName":"Opportunity.Business_Contact_Phone_Number__c"}\ First Name \wb1 {"apiName":"Opportunity.Technical_Contact_First_Name__c"}\ Last Name \wb1 {"apiName":"Opportunity.Technical_Contact_Last_Name__c"}\ Email \wb1 {"apiName":"Opportunity.Technical_Contact_Email__c"}\ Phone \wb1 {"apiName":"Opportunity.Technical_Contact_Phone_Number__c"}\ Address 1 \wb1 {"apiName":"Opportunity.Headquater_Address_1__c"}\ Address 2 \wb1{"apiName":"Opportunity.Headquater_Address_2__c"}\ City \wb1 {"apiName":"Opportunity.Headquater_Address_City__c"}\ State \wb1 {"apiName":"Opportunity.Headquater_Address_State__c"}\ Country \\wb1 {"apiName":"Opportunity.Headquater_Address_Country__c"}\ Zip \wb1 {"apiName":"Opportunity.Headquater_Address_Zip__c"}\ Address 1 \wb1 {"apiName":"Opportunity.Billing_Address_1__c"}\ Address 2 \wb1{"apiName":"Opportunity.Billing_Address_2__c"}\ City \wb1 {"apiName":"Opportunity.Billing_Address_City__c"}\ State \wb1 {"apiName":"Opportunity.Billing_Address_State__c"}\ Country \wb1 {"apiName":"Opportunity.Billing_Address_Country__c"}\ Zip \wb1 {"apiName":"Opportunity.Billing_Address_Zip__c"}\ First Name \wb1 {"apiName":"Opportunity.Billing_Contact_First_Name__c"}\ Last Name \wb1 {"apiName":"Opportunity.Billing_Contact_Last_Name__c"}\ Email \wb1 {"apiName":"Opportunity.Billing_Email_Address__c"}\ Phone \customtext1 {"label": "Phone Number", "maxLength": "10"}\ Email \email1\ Note \customtext1 {“label”:”Note”,"Optional": "True"}\ City of Loma Linda
Regular City Council Staff Report
H. Agreement with Troy and Banks for Cost Recovery and Reduction Services [Information Systems] Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3H.
To
City Council
From
Kyle MacGavin, Information Systems Manager
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that the City Council approve the agreement with Troy and Banks for Cost Recovery and Reduction Services.
BACKGROUND:
As all brick and mortar entities, the City has to pay for utility and telecommunication services. The resulting bills of these services can occasionally entail overcharges, unused services, and errors that are unapparent to staff. These bills may even be entitled to credits, rebates, and refunds that are not directly advertised or brought to the City's attention.
ANALYSIS:
Troy and Banks offers a service to audit utility and telecommunication bills. With the City's consent, they communicate directly with the City's service providers to review said bills for previously stated discrepancies. After review, they request refunds/credits from said service providers which go directly back to the City. In return, Troy and Banks' business model operates by requiring a percentage of the discovered refunds and a percentage of what was saved on services going ahead for twelve months.
Troy and Banks is currently operating under an agreement with the purchasing cooperative TIPS-USA (The Interlocal Purchasing System) which the City is a member of. Other local entities have vouched for their services as well. This agreement has been reviewed by the City Attorney.
ENVIRONMENTAL IMPACT:
None.
FINANCIAL IMPACT:
This agreement does not entail any upfront cost to the City. Troy and Banks takes 29% of returns on discovered overcharges and 24% of reductions on future utility and telecommunication bills. If no discrepancies are found, no cost is charged to the City. Any revenue collected will be receipted into Refunds and Reimbursements.
Attachments
TIPS U&T Contract.pdf
Corporate Offices:
BUFFALO - NEW YORK
2216 Kensington Avenue
Kensington Avenue
at Saratoga
Buffalo, NY 14226
(800) 499-8599
(716) 839-4402
Telefax (716) 839-4452
Branch Offices:
CALIFORNIA
398 E. Carob Ave.
Fresno, CA 93654
Post Office Box 550700
So. Lake Tahoe, CA 96155
FLORIDA
1713 Whitehall Drive
Suite 203
Davie, FL 33324
(954) 477-7073
Post Office Box 14192
Ft. Lauderdale, FL 33302
2330 Warbler Circle
Lakeland, FL 33810
HAWAII
Post Office Box 25
Papaikou, HI 96781
NEW YORK
Rockefeller Center
Post Office Box 3968
New York, NY 10185
(212) 699-0621
Post Office Box 147
Williston Park, NY 11596
(516) 746-0992
31 Hidden Valley Road
Rochester, NY 14624
TEXAS
6418 Eckhert Rd. #3101
San Antonio, TX 78240
VIRGINIA
325 East Bayview Blvd.
Suite #201
Norfolk, VA 23503
(757) 932-1414
e-mail:
[email protected]
internet address:
www.troybanks.com
AGREEMENT
TIPS Contract Number 230601
Consulting and Other Related Services
This Agreement is entered into as of between Troy & Banks, Inc. ("T&B") and with an address at
(the "TIPS Member").
In consideration of the mutual agreements hereafter set forth, T&B and the TIPS Member agree as follows:
1. The TIPS Member engages T&B to conduct an audit or survey of the Member’s electric, gas, propane, water/sewer, and telecommunications (data, internet, land line, cell phones) account invoices for the purpose of securing refunds, credits and cost reductions resulting from discovery of charges or costs in excess of those permitted or allowed by applicable contracts, tariffs, statutes, rules and regulations and/or from overcharges or billing errors. T&B agrees to conduct such audit.
2. Overcharges – For any refunds, credits or rebates obtained by T&B for prior overcharges, billing errors or costs in excess of those permitted by applicable contracts, tariffs, statutes, rules or regulations, TB shall be paid 29% of all monies refunded or credited to the TIPS Member.
3. Future Cost Reductions - For any reductions in future costs for electric, gas, propane, water/sewer, and telecommunications (data, internet, land line, cell phones) account invoice expenditures resulting from T&B analysis, the fee is 24% of the amount saved each month for 12 months. T&B will document actual monthly savings obtained by analysis of tariff cost applications.
4. T&B has made and makes no guarantee or assurance of any credit, refund amount, or cost saving results.
5. If the TIPS Member does not receive refunds, credits, or reductions in future billings, there will be no fee for T&B services.
6. If the TIPS Member pays the T&B invoice in full within 30 days of the date of the invoice, there will be a 1% discount on the amount due to T&B.
7. This Agreement sets forth the entire understanding and agreement between the parties. [TIPS Member Name] Troy & Banks, Inc.
By: By:
Thomas T. Ranallo, President
Name:
Title:
Telephone:
Telefax:
City of Loma Linda
Regular City Council Staff Report
I. Appropriate $85,700 from Major Street Arterial Subprogram (MSART) Fund Balance and $54,400 from Traffic Impact Mitigation Fund Balance and Award Contract to Marjani Buildings Inc for $840,650 for California Street Widening (Phase 3) (CIP 23-118) [Public Works]
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3I.
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that City Council appropriate $85,700 from Major Street Arterial Subprogram (MSART) Fund Balance and $54,400 from Traffic Impact Mitigation Fund Balance, then award contracts for the construction of the subject project to Marjani Buildings Inc. of Mission Viejo for an amount of $840,650; award a contract for survey construction staking to Goodman & Associates, Inc. of Colton, CA in an amount not to exceed $12,000; award a contract for materials testing to Geocon West, Inc. of Loma Linda, CA in an amount not to exceed $23,200 and authorize a contingency allocation of $84,000. City staff will provide inspection and project management.
BACKGROUND:
This project is included in the approved Capital Improvement Program listed in the annual budget. Generally, this is street widening the west side of California Street from Barton Road to 600 feet north of Mission Road.
ANALYSIS:
Six (6) bids were received and publicly opened on January 7, 2025. Bids ranged from a low of $840,650 to a high of $1,065,000 (see attached bid summary). The low bidder Marjani Buildings Inc. of Mission Viejo, has been checked for references and found to be satisfactory. It is not unusual for a project to change the quantities of work or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Additionally, this is a very favorable bid, therefore, staff recommends an allocation of ±10% of the construction amount ($84,000.00) for a contingency allocation.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Appropriate $85,700 from MSART Fund Balance into Expenditure Account No. 1275345-58500 and $54,400 from Traffic Impact Mitigation Fund Balance into Expenditure Account No. 3122340-58500, then funding will be available.
Attachments
California Street Widening Phase 3.pdf
Caifornia Widening 2025.pdf
City of Loma Linda
California St. Widening Phase III
Bid Opening on 1/7/25
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization L.S. 1 $200,000.00 $200,000.00 $40,000.00 $40,000.00 $51,000.00 $51,000.00 2 Traffic Control L.S. 1 $20,000.00 $20,000.00 $18,500.00 $18,500.00 $42,000.00 $42,000.00 3 Clearing and Grubbing L.S. 1 $50,000.00 $50,000.00 $60,000.00 $60,000.00 $5,000.00 $5,000.00 4 Cold milling S.Y. 6,400 $3.00 $19,200.00 $5.00 $32,000.00 $5.15 $32,960.00 5 A.C. Pavement TON 1,580 $130.00 $205,400.00 $160.00 $252,800.00 $153.00 $241,740.00 6 Agg. Base TON 1,100 $35.00 $38,500.00 $60.00 $66,000.00 $70.00 $77,000.00 7 8" PCC Curb and gutter L.F. 1,260 $40.00 $50,400.00 $60.00 $75,600.00 $67.75 $85,365.00 8 8" PCC Curb only L.F. 615 $30.00 $18,450.00 $30.00 $18,450.00 $59.50 $36,592.50 9 Limited access curb L.F. 25 $30.00 $750.00 $100.00 $2,500.00 $40.00 $1,000.00 10 PCC Sidewalk S.F. 6,425 $7.00 $44,975.00 $12.00 $77,100.00 $16.15 $103,763.75 11 7" PCC over 4" CAB S.F. 575 $20.00 $11,500.00 $25.00 $14,375.00 $24.50 $14,087.50 12 Curb transition L.F. 8 $30.00 $240.00 $100.00 $800.00 $86.00 $688.00 13 Install LED street light EA. 3 $10,000.00 $30,000.00 $12,000.00 $36,000.00 $19,500.00 $58,500.00 14 R&R Traffic signal loop EA. 14 $450.00 $6,300.00 $3,000.00 $42,000.00 $755.00 $10,570.00 15 Adjust water valve to grade EA. 10 $100.00 $1,000.00 $250.00 $2,500.00 $1,115.00 $11,150.00 16 Adjust sewer MH to grade EA. 4 $1,000.00 $4,000.00 $1,000.00 $4,000.00 $470.00 $1,880.00 17 4" Stamped PCC Median S.F. 870 $12.00 $10,440.00 $22.00 $19,140.00 $30.50 $26,535.00 18 Access gate EA. 1 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 19 Concrete V ditch S.F. 2,318 $25.00 $57,950.00 $15.00 $34,770.00 $25.00 $57,950.00 20 12" white cross walk L.F. 270 $2.00 $540.00 $8.00 $2,160.00 $6.80 $1,836.00 21 6" solid white stripe 45 / L.F. 570 $1.00 $570.00 $3.00 $1,710.00 $3.50 $1,995.00 22 6" solid white stripe L.F. 535 $1.00 $535.00 $3.00 $1,605.00 $2.50 $1,337.50 23 Arrow Type IV (LT &RT) EA. 10 $100.00 $1,000.00 $500.00 $5,000.00 $112.00 $1,120.00 24 "BIKE LANE" Arrrow per A24A EA. 4 $100.00 $400.00 $600.00 $2,400.00 $101.00 $404.00 25 6"solid white stripe, A20A, Detail 12 L.F. 1,440 $1.00 $1,440.00 $3.00 $4,320.00 $0.85 $1,224.00 26 6" solid white stripe, bike land, Detail 39, 39A L.F. 3,240 $1.00 $3,240.00 $3.00 $9,720.00 $1.40 $4,536.00 27 "45" per A24C EA. 2 $150.00 $300.00 $500.00 $1,000.00 $145.00 $290.00 28 "BIKE LANE" Arrrow per A24D EA. 4 $300.00 $1,200.00 $500.00 $2,000.00 $40.00 $160.00 29 "SIGNAL AHEAD per A24D EA. 2 $400.00 $800.00 $1,000.00 $2,000.00 $430.00 $860.00 30 Arrow Type VI (RT) EA. 2 $150.00 $300.00 $500.00 $1,000.00 $271.00 $542.00 31 Paint yellow reflective marking EA. 3 $300.00 $900.00 $600.00 $1,800.00 $393.00 $1,179.00 32 Install signs at street light pole EA. 4 $200.00 $800.00 $1,100.00 $4,400.00 $345.00 $1,380.00 $787,130.00 $840,650.00 $879,645.25
Engineer's Estimate Marjani Buildings Inc. Dash Construction Co. Inc. \\CLL-SV-FILE\Public Works\Public Works Admin\BID RESULTS\2025\California Street Widening Phase 3 City of Loma Linda
California St. Widening Phase III
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization L.S. 1 $135,500.50 $135,500.50 $72,500.00 $72,500.00 $48,649.05 $48,649.05 2 Traffic Control L.S. 1 $51,000.00 $51,000.00 $65,000.00 $65,000.00 $123,000.00 $123,000.00 3 Clearing and Grubbing L.S. 1 $149,000.00 $149,000.00 $112,000.00 $112,000.00 $169,000.00 $169,000.00 4 Cold milling S.Y. 6,400 $4.40 $28,160.00 $5.67 $36,288.00 $4.44 $28,416.00 5 A.C. Pavement TON 1,580 $132.00 $208,560.00 $135.00 $213,300.00 $142.00 $224,360.00 6 Agg. Base TON 1,100 $64.00 $70,400.00 $64.00 $70,400.00 $55.00 $60,500.00 7 8" PCC Curb and gutter L.F. 1,260 $45.00 $56,700.00 $80.00 $100,800.00 $55.00 $69,300.00 8 8" PCC Curb only L.F. 615 $39.00 $23,985.00 $56.00 $34,440.00 $44.00 $27,060.00 9 Limited access curb L.F. 25 $70.00 $1,750.00 $137.00 $3,425.00 $44.00 $1,100.00 10 PCC Sidewalk S.F. 6,425 $8.60 $55,255.00 $11.52 $74,016.00 $9.00 $57,825.00 11 7" PCC over 4" CAB S.F. 575 $16.20 $9,315.00 $23.00 $13,225.00 $24.00 $13,800.00 12 Curb transition L.F. 8 $82.00 $656.00 $310.00 $2,480.00 $44.00 $352.00 13 Install LED street light EA. 3 $19,000.00 $57,000.00 $20,000.00 $60,000.00 $20,000.00 $60,000.00 14 R&R Traffic signal loop EA. 14 $650.00 $9,100.00 $764.00 $10,696.00 $750.00 $10,500.00 15 Adjust water valve to grade EA. 10 $163.00 $1,630.00 $585.00 $5,850.00 $1,100.00 $11,000.00 16 Adjust sewer MH to grade EA. 4 $4,600.00 $18,400.00 $1,450.00 $5,800.00 $2,800.00 $11,200.00 17 4" Stamped PCC Median S.F. 870 $15.00 $13,050.00 $12.00 $10,440.00 $24.00 $20,880.00 18 Access gate EA. 1 $27,000.00 $27,000.00 $17,000.00 $17,000.00 $11,000.00 $11,000.00 19 Concrete V ditch S.F. 2,318 $13.00 $30,134.00 $22.00 $50,996.00 $24.00 $55,632.00 20 12" white cross walk L.F. 270 $2.60 $702.00 $2.70 $729.00 $3.33 $899.10 21 6" solid white stripe 45 / L.F. 570 $1.30 $741.00 $1.80 $1,026.00 $1.69 $963.30 22 6" solid white stripe L.F. 535 $1.30 $695.50 $1.40 $749.00 $1.69 $904.15 23 Arrow Type IV (LT &RT) EA. 10 $78.00 $780.00 $80.00 $800.00 $111.00 $1,110.00 24 "BIKE LANE" Arrrow per A24A EA. 4 $155.00 $620.00 $161.00 $644.00 $222.00 $888.00 25 6"solid white stripe, A20A, Detail 12 L.F. 1,440 $1.30 $1,872.00 $1.35 $1,944.00 $1.33 $1,915.20 26 6" solid white stripe, bike land, Detail 39, 39A L.F. 3,240 $1.30 $4,212.00 $1.35 $4,374.00 $1.33 $4,309.20 27 "45" per A24C EA. 2 $104.00 $208.00 $107.00 $214.00 $111.00 $222.00 28 "BIKE LANE" Arrrow per A24D EA. 4 $47.00 $188.00 $48.00 $192.00 $55.00 $220.00 29 "SIGNAL AHEAD per A24D EA. 2 $570.00 $1,140.00 $590.00 $1,180.00 $777.00 $1,554.00 30 Arrow Type VI (RT) EA. 2 $180.00 $360.00 $187.00 $374.00 $222.00 $444.00 31 Paint yellow reflective marking EA. 3 $470.00 $1,410.00 $483.00 $1,449.00 $555.00 $1,665.00 32 Install signs at street light pole EA. 4 $340.00 $1,360.00 $350.00 $1,400.00 $333.00 $1,332.00 $960,884.00 $973,731.00 $1,020,000.00
Matich Corp. All American Asphalt Onyx Paving Co.
\\CLL-SV-FILE\Public Works\Public Works Admin\BID RESULTS\2025\California Street Widening Phase 3 City of Loma Linda
California St. Widening Phase III
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 Mobilization L.S. 1 $85,923.00 $85,923.00
2 Traffic Control L.S. 1 $50,000.00 $50,000.00
3 Clearing and Grubbing L.S. 1 $150,000.00 $150,000.00
4 Cold milling S.Y. 6,400 $5.00 $32,000.00
5 A.C. Pavement TON 1,580 $165.00 $260,700.00
6 Agg. Base TON 1,100 $50.00 $55,000.00
7 8" PCC Curb and gutter L.F. 1,260 $90.00 $113,400.00
8 8" PCC Curb only L.F. 615 $35.00 $21,525.00
9 Limited access curb L.F. 25 $100.00 $2,500.00
10 PCC Sidewalk S.F. 6,425 $13.00 $83,525.00
11 7" PCC over 4" CAB S.F. 575 $32.00 $18,400.00
12 Curb transition L.F. 8 $100.00 $800.00
13 Install LED street light EA. 3 $22,000.00 $66,000.00 14 R&R Traffic signal loop EA. 14 $700.00 $9,800.00
15 Adjust water valve to grade EA. 10 $150.00 $1,500.00 16 Adjust sewer MH to grade EA. 4 $2,800.00 $11,200.00
17 4" Stamped PCC Median S.F. 870 $25.00 $21,750.00
18 Access gate EA. 1 $5,000.00 $5,000.00
19 Concrete V ditch S.F. 2,318 $26.00 $60,268.00
20 12" white cross walk L.F. 270 $3.00 $810.00
21 6" solid white stripe 45 / L.F. 570 $1.40 $798.00
22 6" solid white stripe L.F. 535 $1.40 $749.00
23 Arrow Type IV (LT &RT) EA. 10 $100.00 $1,000.00
24 "BIKE LANE" Arrrow per A24A EA. 4 $200.00 $800.00
25 6"solid white stripe, A20A, Detail 12 L.F. 1,440 $1.40 $2,016.00 26 6" solid white stripe, bike land, Detail 39, 39A L.F. 3,240 $1.40 $4,536.00 27 "45" per A24C EA. 2 $150.00 $300.00
28 "BIKE LANE" Arrrow per A24D EA. 4 $50.00 $200.00
29 "SIGNAL AHEAD per A24D EA. 2 $600.00 $1,200.00
30 Arrow Type VI (RT) EA. 2 $200.00 $400.00
31 Paint yellow reflective marking EA. 3 $500.00 $1,500.00 32 Install signs at street light pole EA. 4 $350.00 $1,400.00 $1,065,000.00
Hardy and Harper
\\CLL-SV-FILE\Public Works\Public Works Admin\BID RESULTS\2025\California Street Widening Phase 3
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2025, 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:
CALIFORNIA STREET WIDENING (PHASE 3) CIP 23-118
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.
2 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.
THE CITY OF LOMA LINDA, CALIFORNIA
(CITY)
BY: __________________________________________
ATTEST:
BY: _________________________________________ SEAL
City Clerk
Contractor
BY:
(Signature)
(Title)
ATTEST:
BY:
(Signature)
(Title)
3 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
THAT as Contractor, and
as Surety, are held and firmly bound unto
the CITY OF LOMA LINDA, A MUNICIPAL CORPORATION, hereinafter called City, in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Project Specifications titled:
CALIFORNIA STREET WIDENING (PHASE 3) CIP 23-118
NOW THEREFORE, if said Contractor shall perform all the requirements of said contract required to be performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this day of , 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
4 LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS,
THAT as Contractor, and
as Surety, are held firmly bound unto THE CITY OF LOMA
LINDA, a MUNICIPAL CORPORATION, hereinafter called City, in the sum of dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Contractor has been awarded and is about to enter into the annexed contract with said City to perform all work required under the Project Specifications titled:
CALIFORNIA STREET WIDENING (PHASE 3) CIP 23-118
NOW THEREFORE, if said Contractor, or Subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. Surety shall indemnify the City of Loma Linda against non-payment to subcontractors resulting in litigation. This bond shall insure to the benefit of any persons, companies, or corporations entitle to file claims under applicable State law.
PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
SIGNED AND SEALED, this day of , 2025.
(SEAL) (SEALS)
(Contractor) (Surety)
By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
5 WORKER’S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date:
Contractor
By:
Signature
Title
Attest:
By:
Signature
Title
City of Loma Linda
Regular City Council Staff Report
J. Appropriate $30,000 from Water Enterprise Fund Balance and Award Contract to Sulzer Electro-Mechanical (US) Inc. to Purchase a 250hp Motor for Mt. View Well #5 [Public Works] Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3J.
To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that the City Council appropriate $30,000.00 from Water Enterprise Fund then award a contract for $27,159.00 to Sulzer Electro-Mechanical Inc. of Colton, CA to purchase a 250 Hp motor for Mountain View Well No. 5 and authorize a contingency allocation of $2,521.00.
BACKGROUND:
City staff continually monitors infrastructure for signs of wear and tear. This resulted in the City Manager authorizing an in-depth inspection of Mountain View Well No. 5 pump and motor. Based on the findings, this well motor requires replacement.
ANALYSIS:
Staff requested costs for replacing the well motor. Staff was then directed to obtain quotes for the purchase. The lowest quote is $27,159.00 from Sulzer Electro-Mechanical Inc. of Colton, CA, see attached quote results. It is not unusual for a project to change quantities or the scope of work as field conditions dictate. This is generally caused by unforeseen circumstances or work needed to maintain the integrity of the project. Therefore, staff recommends an allocation of ±10% of the construction amount ($2,521.00) for a contingency allocation.
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Appropriate $30,000.00 from Water Enterprise Fund then funding is available in account no. 4657010-58500.
Attachments
Mt View Well 5 Motor 2025.pdf
City of Loma Linda
Mountain View Well No. 5 Motor
ITEM UNIT UNIT UNIT UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 250 Hp well
motor LS 1 28,000.00 28,000.00 27,159.00 27,159.00 27,608.78 27,608.78 30,327.00 30,327.00 TOTAL $28,000.00 $27,159.00 $27,608.78 $30,327.00
Engineering Estimate Sulzer Electro-Mechanical Delta Motor Co. Inc. Best Drilling & Pump Inc.
City of Loma Linda
Regular City Council Staff Report
K. Notice of Completion of Pavement Rehabilitation by Slurry Seal Method at Various Locations (CIP 24-121) - Contractor: Doug Martin Contracting Co. [Public Works]
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3K.
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 September 24, 2024, City Council awarded the contract to Doug Martin Contracting Company, Inc., of La Habra, CA for an amount of $130,873.02 with an approved contingency of $13,000.00. The final project cost was $125,719.17. The contractor performed professionally and completed the work satisfactory.
Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year warranty provided by the contractor will commence from the date of recordation.
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funding for this project was budgeted in Account No. 1265340-58500, Measure I.
Attachments
NOC Pavement Rehab by slurry seal 12-12-24.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 December 12, 2024
8. The work of improvement completed is described as follows: Pavement Rehabilitation by slurry seal method at various locations (CIP 24-121)
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Doug Martin Contracting Co., Inc, 220 E Foundation Avenue, La Habra, CA 90631
10. The street address of said property is Various City Streets
11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:
Pavement Rehabilitation by slurry seal method at various locations 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\Pavement Rehab by slurry seal 12-12-24.doc City of Loma Linda
Regular City Council Staff Report
L. Notice of Completion of Pavement Rehabilitation by Overlay Method at Various Locations (CIP 23-117) - Contractor: All American Asphalt [Public Works]
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3L.
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 contract to American Asphalt South, Inc of Corona, CA for an amount of $892,108.00, with an approved contingency of $89,000.00. The final project cost was $827,295.65. The contractor performed professionally and completed the work satisfactory.
Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year warranty provided by the contractor will commence from the date of recordation.
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funding for this project was budgeted in Account Nos. 1265340-58500 (Measure I) and 1077300-58500 (RMRA Funding).
Attachments
NOC Pavement Rehab by Overlay CIP 23-117.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 December 16, 2024
8. The work of improvement completed is described as follows: Pavement Rehabilitation at various locations by overlay method (CIP 23-117)
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is All American Asphalt 400 E Sixth St, Corona, CA 92878
10. The street address of said property is Various City Streets
11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows:
Pavement Rehabilitation at various locations by overlay method (CIP 23-117) 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\Pavement Rehab by Overlay CIP 23-117.doc City of Loma Linda
Regular City Council Staff Report
M. Notice of Completion of the Installation of the Sewer Lift Station Package at 25876 Juanita Street (CIP 21- 511) - Contractor: GCI Construction, Inc. [Public Works] Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3M.
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 July 9, 2024, City Council awarded the contract to GCI Construction, Inc. of San Clemente, CA for an amount of $235,600.00 with an approved contingency of $23,600. The final project cost was $230,175.66. The contractor performed professionally and completed the work satisfactorily.
Attached is the Notice of Completion for the subject project. Upon City Council authorization, the City Clerk will submit the Notice of Completion for recordation. The one (1) year warranty provided by the contractor will commence from the date of recordation.
ANALYSIS:
N/A
ENVIRONMENTAL IMPACT:
N/A
FINANCIAL IMPACT:
Funding for this project was budgeted in Account No. 4173510-58250, Sewer Capital and Account No. 4053500- 58250, Sewer Fund.
Attachments
NOC Sewer Lift Station 2024.pdf
LYNETTE ARREOLA
RECORDING REQUESTED BY:
AND
WHEN RECORDED MAIL TO:
LYNETTE ARREOLA
CITY CLERK
CITY OF LOMA LINDA
25541 BARTON ROAD
LOMA LINDA CA 92354
APN# 0292-121-81 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 November 28, 2024
8. The work of improvement completed is described as follows: Installation of Pre-Packaged Sewer Lift Station (CIP 21-511).
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is GCI Construction, Inc., 1031 Calle Recodo, Ste #D, San Clemente, CA 92673
10. The street address of said property is: 25876 Juanita Street, Loma Linda, CA 92354
11. The property on which said work of improvement was completed is in the City of Loma Linda County of San Bernardino , State of California, and is described as follows: Installation of Pre-Packaged Sewer Lift Station (CIP 21-511).
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\Sewer Lift Station 2024.doc City of Loma Linda
Regular City Council Staff Report
A. Council Bill #R-2025-01 - Consideration to Adopt Resolution in Opposition of SCAQMD Rule 1111, Regulate Air Emission from Gas-Powered Central Furnaces; and Rule 1121, Regulate Air Emissions from Residential-type, Natural Gas-Powered Water Heaters [Mayor Dupper]
Meeting
Tuesday, January 14, 2025, 7:00 PM
Agenda Group
New Business Item: 5A.
To
City Council
From
T Jarb Thaipejr, City Manager
RECOMMENDATION:
It is recommended that the City Council adopt Council Bill #R-2025-01, opposing the South Coast Air Quality District (SCAQMD) Rules 1111 AND 1121.
Rule 1111 would regulate air emissions from gas-powered central furnaces; and Rule 1121 would regulate air emissions from residential-type, natural gas-powered water heaters.
Attachments
SCAQMD Letter.pdf
Resolution - SCAQMD Rules 1111 and 1121.pdf
City of Loma Linda
25541 Barton Road, Loma Linda. California 92354-3160 • (909) 799-2800 • FAX (909) 790-2891 Sister Cities Manipal Karnataka, India - Libertadore, San Martin, Argentina • www lomalinda-ca.gov January 14, 2025
Hon. Vanessa Delgado, Chair
South Coast Air Quality Management District Governing Board 21865 Copley Dr.
Diamond Bar, CA 91765
Dear Chair Delgado and Governing Board members,
The City of Loma Linda has just recently been made aware of two proposed rules being advanced by SCAQMD staff for consideration by your Governing Board. On behalf of our city’s residents, business owners, organizations and city employees, we are conveying our opposition to Proposed Amended Rules 1111 and 1121 and urge you to defer consideration of these rules to allow SCAQMD Governing Board members and staff to receive additional information, data, input and dialogue from the numerous stakeholders potentially impacted by this proposed rule.
We have significant concerns regarding the scale of the mechanical, electrical, plumbing and other requirements necessary to comply with retrofits of existing commercial buildings, single family homes and multifamily residential properties, as well as the dramatic cost implications to thousands of families who call Loma Linda home.
We believe it is highly likely that if Rules 1111 and 1121 are adopted by the Governing Board, the high costs of compliance will force the owners of older multifamily properties to sell or redevelop their properties, subsequently resulting in a dramatic reduction in the availability of affordable housing in our city and across the region.
Our City Council shares your commitment clean air and water and other quality of life benefits that draw and retain the residents and business owners who live here. However, the current versions of PAR 1111 and 1121 will deliver consequences that will lead to a variety of negative impacts, impacting jobs and increasing the cost of living in our region.
We urge the SCAQMD Governing Board to delay consideration/adoption of PAR 1111/1121 to allow District staff to better inform the millions of Southern California residents of these proposed rules and to address the many unanswered questions regarding cost, technology, and the availability of potential incentives.
Sincerely,
Phillip Dupper
Mayor
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA,
OPPOSING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) RULES 1111 AND 1121
WHEREAS, The South Coast Air Quality District (SCAQMD) is a regional air pollution control agency representing Los Angeles, Orange, Riverside and San Bernardino counties with responsibility for regulating stationary sources of air pollution; and WHEREAS, The SCAQMD is considering two rules that would have a significant impact on up to 17 million South Coast homeowners, renters and businesses: Rule 1111 would regulate air emissions from gas-powered central furnaces; and Rule 1121 would regulate air emissions from residential-type, natural gas-powered water heaters; and WHEREAS, Rules 1111 and 1121 would impose $20-plus billion in costs to consumers while providing minimal measurable air quality benefits for the four-county SCAQMD service area; and
WHEREAS, These two rules would ban the use of natural gas-powered furnaces and water heaters in new construction, taking effect in 2026, further elevating construction costs and housing prices, thereby putting homeownership even further out of reach for many Southern Californians. These rules would phase out existing natural gas furnaces and water heaters in existing single-family homes, multi-family housing, and businesses in 2027; and WHEREAS, Housing affordability throughout California is and will remain a top public policy priority for (CITY) for the foreseeable future. Local governments are being pressured to build more housing – specifically, housing that people can afford. Any regulations that increase these costs deserve careful scrutiny to ensure that the increased costs are met with an equal or greater amount of benefit to the consumer; and
WHEREAS, Unlike most SCAQMD rules that regulate large stationary sources of air pollution like oil refineries and warehouses, Rules 1111 and 1121 specifically target individual homeowners, apartment buildings, and businesses large and small – meaning that the costs of these two rules will be directly borne by hard-working families and business owners; and WHEREAS, Rules 1111 and 1121 would require apartment owners, homeowners and businesses to invest not only in expensive all-electric furnaces and water heaters but would also necessitate that they retrofit homes and businesses with expensive electrical panel upgrades, extensive new plumbing, and physical renovations to accommodate compliant units – further raising the cost of new housing and likely pricing many potential homeowners and renters out of an already expensive market; and
WHEREAS, For apartment owners, the mandate to replace natural gas water heaters and furnaces with all-electric units is incredibly expensive. These significant costs will be passed down to tenants – leading to rent increases and placing additional financial pressure on renters in a region already struggling with housing affordability; and WHEREAS, The SCAQMD’s water heater and furnace mandates will impose a significant increase in electricity demand on California’s electric grid. Transitioning to all-electric water heaters and furnaces means increased demand on an electric grid that has not proven capable of consistently meeting existing demand. Water heaters and furnaces are essential elements in any house, apartment or business. Millions of new electric water heaters and furnaces would draw power from the grid and raise the risk of power brownouts or outages.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Rules 1111 and 1121 will have a profound impact and impose significant costs on millions of Southern California homeowners, renters and businesses who are already struggling to make ends meet while providing minimal air quality benefit;
2. The City of (NAME) opposes Proposed Amended Rules 1111 and 1121 and urges the SCAQMD to indefinitely delay or cease consideration of these two anti-consumer regulations immediately.
PASSED, APPROVED AND ADOPTED this 4th day of January 2025 by the attached certified vote:
Phillip Dupper, Mayor
ATTEST:
Lynette Arreola, City Clerk
CERTIFICATION
I, Lynette Arreola, City Clerk of the City of Loma Linda, State of California, do hereby certify that the foregoing Resolution No. XX was duly adopted by the City Council at a meeting thereof held on the 14th day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF I have hereto set my hand or affixed the Seal of the City of Loma Linda this 14th day of January 2025.
Lynette Arreola, City Clerk
City of Loma Linda