Agenda packet — Loma Linda City Council, June 10, 2025

CITY OF LOMA LINDA

CITY COUNCIL AGENDA

REGULAR MEETING
Tuesday, June 10, 2025, 7:00 PM
Council Chambers
25541 Barton Road
Loma Linda, CA 92354
The Regular Meeting of the Loma Linda City Council is scheduled in the Council Chambers, 25541 Barton Road, Loma Linda, California. Under Municipal Code Section 2.08.010, study sessions or closed session items may begin at 5:30 pm. or as soon thereafter as possible. A recess may be called at the discretion of the City Council.

The Agenda and Reports are available for public review in the City Clerk's Office during regular business hours and can also be accessed on the City's website at www.lomalinda-ca.gov at least 72 hours before the meeting. Individuals wishing to speak on agenda items are encouraged to submit their names using the kiosk at the meeting or through the City's website. Speakers are required to provide their names for the public record. Comments provided during Oral Reports/Public Participation is limited to 3 minutes for each speaker. Please note that the meetings are recorded for public record.

In accordance with the Americans with Disabilities Act (ADA), if an individual requires special assistance to provide public comments or need other accommodations, please contact the City Clerk at least 48 hours before the meeting at (909) 799-2819 or via email at [email protected] to allow time for the City to make reasonable arrangements to the best of their ability.

1. Call to Order

1.A. Call to Order

1.B. Roll Call

1.C. Closed Session - 5:30 pm - Council Board Room
— Conference with Legal Counsel on Labor Negotiations (Government Code Section 54957.6) - Agency Labor Counsel - Kevin Dale; Agency Representative - City Manager T. Jarb Thaipejr and Employee Organizations - Teamsters (Public Works); Teamsters (Administration); Loma Linda Professional Firefighters, Local 935; Unrepresented Safety (Fire) Management/Confidential Employees; and Unrepresented Management/Confidential Employees

1.D. Invocation and Pledge of Allegiance - Mayor Dupper

1.E. Items to be Added or Deleted

1.F. 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)

2. Scheduled and Related Items

2.A. Presentation - First Public Hydrogen (PH2) Joint Power Authority [Assistant City Manager] — Presentation by Jason Caudle, First Public Hydrogen (FPH2)

2.B. Public Hearing - Council Bill #R-2025-16 - A Resolution Adopting the Annual Report and Assessments for the Landscape Maintenance District 1 for Fiscal Year 2025-2026 [Public Works] — Recommendation: Adopt Council Bill #R-2025-16 into resolution

2.C. Public Hearing - Council Bill #R-2025-17 - A Resolution Adopting the Annual Report and Assessments for the Street Light Benefits Assessment District No. 1 for Fiscal Year 2025-2026 [Public Works] — Recommendation: Adopt Council Bill #R-2025-17 into resolution

3. Consent Calendar

3.A. Approve Minutes of April 22, 2025 [City Clerk]
— Recommendation: Approve minutes as presented

3.B. Approve Minutes of May 13, 2025 [City Clerk]
— Recommendation: Approve minutes as presented

3.C. Approve Minutes of May 27, 2025 [City Clerk]
— Recommendation: Approve minutes as presented

3.D. Approve Demands Register dated June 10, 2025 [Finance] — Recommendation: Approve demands for payment

3.E. Fire Department's Activity Report - May 2025 [Fire] — Recommendation: Accept report for filing

3.F. Council Bill #R-2025-20 - A Resolution Adopting the Road Repair and Accountability Act of 2017 (SB 1) Project List for Fiscal Year 2025/2026 and Repealing Resolution No. 3213 [Public Works] — Recommendation: Adopt Council Bill #R-2025-20 into resolution

3.G. Council Bill #R-2025-21 - A Resolution Adopting a Five-Year Capital Project Needs Analysis (CPNA) for Fiscal Years 2026/2027 through 2030/2031 [Public Works] — Recommendation: Adopt Council Bill #R-2025-21 into resolution

4. Old Business

4.A. Council Bill #O-2025-02 - (Second Reading) - An Ordinance Amending the Municipal Code to Establish Fire Hazard Severity Zones (FHSZ) Section in Chapter 32 of Title 15 (Building and Construction) of the Loma Linda Municipal Code Pursuant to Government Code Section 51178 of the California Fire Code [Fire] — Recommendation: Adopt Council Bill #O-2025-02 into Ordinance waiving the full reading of the Ordinance and reading by title only

4.B. Tobacco Retail License Ordinance - Informational Report Update [Assistant City Manager] — Recommendation: Requesting direction from City Council

5. New Business

5.A. Council Bill #R-2025-13- A Resolution Adopting the Measure I 5-year Capital Improvement Project (CIP) for Fiscal Years 2025/2026 through 2029/2030 [Public Works] — Recommendation: Adopt Council Bill #R-2025-13 into resolution

6. Reports

6.A. Reports of Council Members

6.B. Reports Of Officers

7. Adjournment
The meeting will adjourn to a joint workshop with the Planning Commission on June 24, 2025, at 5:30 pm.

Following the workshop, the City Council will reconvene to the regular meeting agenda at 7:00 pm.

Date Posted: June 5, 2025

POSTING
I, Lynette Arreola, City Clerk, do hereby certify and declare that, I caused this agenda to be posted at the following three (3) locations, to-wit: 1) Loma Linda Branch Library, 25581 Barton Road, Loma Linda, California; 2) City Council Chambers, 25541 Barton Road, Loma Linda, California; 3) U. S. Post Office Annex, Newport Avenue, Loma Linda, California
Lynette Arreola, City Clerk
City of Loma Linda, California
City of Loma Linda
Regular City Council Staff Report
A. Presentation - First Public Hydrogen (PH2) Joint Power Authority [Assistant City Manager] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2A.

To
City Council
From
Andy Ramirez, Assistant City Manager

PRESENTATION
First Public Hydrogen Authority (FPH2), a joint powers authority (JPA), is America’s 1st public hydrogen utility designed to bridge the gap between suppliers and off-takers with a transparent, cost-effective model.

FPH₂ facilitates hydrogen procurement and delivery, aggregates demand, and provides an accessible entry point for municipalities, transit agencies, and private sector partners.

City of Loma Linda
Regular City Council Staff Report
B. Public Hearing - Council Bill #R-2025-16 - A Resolution Adopting the Annual Report and Assessments for the Landscape Maintenance District 1 for Fiscal Year 2025-2026 [Public Works] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2B.

To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council adopt City Council Bill #R-2025-16, a Resolution approving the Engineer’s report for the Landscape Maintenance District and authorizing the levying of the annual assessments of fiscal year 2025-26.

BACKGROUND:

The City of Loma Linda annually levies and collects special assessments in order to maintain the improvements within the City of Loma Linda Landscaping Maintenance District No. 1. The District was formed prior to 1992 with annexations to the District approved in subsequent years. Annual assessments are established pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (The “1972 Act”).

ANALYSIS:

The Annual Report has been submitted by Willdan Financial, the Assessment Engineer. The total assessment for FY 25-26 is $500,288. Expenditures for FY 25-26 are estimated to be $788,700. Funds will be transferred in from General Fund to cover expenditure shortfalls. The City will continue to make water conservation changes to the LMD areas as funding permits in order to reduce maintenance and operation costs.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding from Account No. 1715200-51820, Professional Services, for the assessment and report services.

Attachments
Resolution - FY2526 Loma Linda LMD 1.pdf
FY2526 Loma Linda LMD Engineer's Report_PH.pdf
RESOLUTION NO. _______

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

CALIFORNIA, ORDERING THE CONTINUED MAINTENANCE OF
LANDSCAPE MAINTENANCE DISTRICT NUMBER 1, AND CONFIRMING

ENGINEER'S REPORT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2025/2026
WHEREAS, the City Council of the City of Loma Linda did on the 13 th day of May
2025, adopt its Resolution of Intention No. 3247 to order the therein described work in connection with the continuation of assessment procedures in Landscape Maintenance District Number 1, which Resolution of Intention No. 3247 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the Office of the City Clerk; and WHEREAS, Proposition 218 was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution which exempts any assessments imposed when persons owning all of the parcels subject to the assessment agreed to being included in the District and subject to the assessment at the time the assessment is initially imposed; and
WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work; and WHEREAS, the maximum assessments for Annexations “Original and 1 through 50”, for fiscal year 2025/2026, are not proposed to be increased and the maximum assessments for Annexations 51 through 79 are not to be increased above the approved Consumer Price Index (CPI); and
WHEREAS; the current CPI has been determined to be 2.53 percent, calculated from the annual average; and
WHEREAS, notices and assessment ballots are not required if assessments are not increased other than for the amount of the current CPI.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda as follows:

1. That the public interest and convenience requires the continuation of assessment procedures for the district, and said City Council hereby orders that the work and assessment, as set forth and described in said Resolution of Intention No. _3247_be done and made; and

2. That the report filed by the Engineer is hereby ordered finally approved with ordered changes, if any; and

3. That the assessments for fiscal year 2025/2026 and method of assessment in the Engineer's Report are hereby approved.

Resolution No. XXXX

Page 2 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Loma Linda on this 10
th day of June 2025 by the attached certified vote:

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Resolution No. XXXX

Page 3 ends

Certified Vote
I, Lynette Arreola, City Clerk of the City of Loma Linda, State of California, do hereby certify that the foregoing Resolution No. xxxx was duly adopted by the City Council at a meeting thereof held on the 10
th day of June 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 10
th day of June 2025.

Lynette Arreola, City Clerk
City of Loma Linda

City of Loma Linda

Landscape Maintenance
District No. 1

2025/2026 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 13, 2025
Public Hearing: June 10, 2025
27368 Via Industria, Suite 200
Temecula, California 92590
T. 951.587.3500 800.755.6864
F. 951.587.3510 888.326.6864
www.willdan.com

AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
Landscape Maintenance District No. 1
City of Loma Linda
San Bernardino County, State of California
This Report describes the Landscape Maintenance District No. 1 and subsequent annexations (the “District”) and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026 as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Loma Linda
By: ________________________________
Daniel Louie, Senior Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 1
II. DESCRIPTION OF THE DISTRICT 3
A. BOUNDARIES OF THE DISTRICT 3
B. DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES 6 III. METHOD OF APPORTIONMENT 10
A. GENERAL 10
B. SPECIAL BENEFIT 10
C. GENERAL BENEFIT 11
D. NO LANDSCAPING IMPROVEMENTS, PARTIALLY MAINTAINED OR SELF MAINTAINED 12
E. ASSESSMENT METHODOLOGY 13
F. ASSESSMENT RANGE FORMULA 15
IV. DISTRICT BUDGETS 16
A. DESCRIPTION OF BUDGET ITEMS 16
B. ASSESSMENT DETAILS 17
C. DISTRICT BUDGET FISCAL YEAR 2025/2026 18
V. APPENDIX A – DISTRICT BUDGET 18
VI. APPENDIX B - DISTRICT ASSESSMENT DIAGRAM 26
VII. APPENDIX C – 2025/2026 ASSESSMENT ROLL 27
VIII. APPENDIX D - RESOLUTIONS 28

2025/2026 City of Loma Linda Page 1
Landscape Maintenance District No. 1
I. OVERVIEW
A. INTRODUCTION
The City of Loma Linda (“City”) annually levies and collects special assessments in order to maintain the improvements within the City of Loma Linda Landscape Maintenance District No. 1 (“District”). The District was formed in January 1976 with several annexations to the District approved in subsequent years. Annual assessments were established pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).

This Engineer’s Annual Levy Report (“Report”) describes the District, any annexations or changes to the District, and the proposed assessments for Fiscal Year 2025/2026. For the purpose of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the County of San Bernardino (“County”) Assessor’s Office. The County Auditor/Controller uses APN’s and specific Fund Numbers to identify properties on the tax roll assessed for special district benefit assessments. The proposed assessments are based on the historical and estimated costs to maintain the improvements that provide special benefit to properties within the District. The costs of improvements and the annual levy include budgeted expenditures, deficits, surpluses, revenues, and reserves. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives special benefit. Following review of the Report and consideration of public comments and written protests at a public hearing, the City Council (“Council”) may order amendments to the Report or confirm the Report as submitted. Following approval of the Report, the Council may order the levy and collection of assessments for Fiscal Year 2025/2026 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2025/2026.

2025/2026 City of Loma Linda Page 2
Landscape Maintenance District No. 1
In Article XIIID Section 2 (b), “Assessments” are defined as:
“…any levy or charge upon real property by an agency for a special benefit conferred upon the real property. ‘Assessment’ includes, but is not limited to, ‘special assessment,’ ‘benefit assessment,’ ‘maintenance assessment,’ and ‘special assessment tax.’”
Article XIIID requires that beginning July 1, 1997, new and existing assessments (with some exceptions) conform to new substantive and procedural requirements.

Parcels included in the original District formation and each subsequent annexation was conditioned to install landscape improvements before the development could proceed. In order to preserve the investment in the landscape improvements, the developer was required to form a separate 1972 Act Maintenance District or to be annexed into the District. Each developer who at the time owned the parcels subject to the assessment, agreed to either the formation or annexation requirement and the assessments being imposed. Subsequent owners of parcels were also made aware through title reports and Department of Real Estate “White Paper” reports that the parcels were in the District and subject to the assessments.

Purchase of the parcel(s) was also in agreement to be subject to the assessments.

Therefore, the assessments adopted for the District prior to the passage of Proposition 218 are exempt from the provisions of Article XIIID Section 4 of the Constitution, provided the assessments are not increased above the maximum assessment rates in effect prior to Proposition 218. Subsequent increases, if any, will be subject to the procedural and approval process of Section 4 of Article XIIID.

New or increased assessments must satisfy certain noticing and meeting requirements by law. The Brown Act defines the terms “new or increased assessment” to exclude certain conditions. These certain conditions include “any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition was later confirmed by Senate Bill 919 (the Proposition 218 implementing legislation).

2025/2026 City of Loma Linda Page 3
Landscape Maintenance District No. 1
II. DESCRIPTION OF THE DISTRICT
A. BOUNDARIES OF THE DISTRICT
The District consists of the original area formed in January 1976 and seventy-eight (78) subsequent annexations. Reference is made to Appendix B for the District Assessment Diagram. The following table lists the various annexations, development types and development descriptions included in the boundaries of the District and subject to the District assessments.

Annexation
Number
Type of
Development Development Description
Original Commercial Parcel Map 958.
1 Residential Tract Nos. 10131, 10132 and 10133.
2 Residential Tract No. 9438.
3 Commercial Loma Linda Plaza Shopping Center.
4 Multi-Family PPD 83-9.
5 Residential Tract Nos. 10134, 10135, 10136 and 10137. 6 Residential Tract No. 9389.
7 Commercial Tract No. 12734 and Parcel Maps 3231 and 4683. 8 Residential Tract Nos. 10794 and Parcel Map 5241.
9 Commercial PPD 80-2.
10 Multi-Family Parcel Map 7277.
13 Residential Tracts 9817 and 9817-1.
14 Commercial Parcel Map 7857.
15a Residential PPD 82-3 and Tract No. 12458.
15b Commercial PPD 82-3 and Tract No. 12458.
16 Multi-Family Tract No. 12475.
17 Multi-Family Tract Nos. 12609 and 12881.
18 Residential Tract No. 12294.
19 Residential Tract No. 11516 and Assessor's Parcel No. 293-053-01. 20 Multi-Family PPD 84-2.
21 Multi-Family PPD 84-12.

2025/2026 City of Loma Linda Page 4
Landscape Maintenance District No. 1
Annexation
Number
Type of
Development Development Description
22 Commercial Parcel Map 6643.
23 Commercial Tract No. 12771 (Loma Linda Redevelopment Agency). 24 Commercial PPD 85-3.
25 Commercial Parcel Map 9198.
26 Commercial Tract No. 12916.
27 Residential Tracts 10134 and 10135.
28 Commercial PPD 86-5.
29 Residential Tract No. 13046.
30 Commercial PPD 85-13.
31 Residential Tract No. 13449.
32 Commercial Parcel Map 10741.
33a Commercial PPD 87-16 and PPD 87-9.
33b Commercial PPD 87-16 and PPD 87-9.
34 Residential Tract No. 13705.
35 Residential Tract No. 13635.
36a Commercial PPD 86-17 and PPD 87-12.
36b Commercial PPD 86-17 and PPD 87-12.
37 Multi-Family PPD 85-6.
38 Commercial PPD 85-8.
39 Residential Tract No. 13887.
40 Multi-Family Parcel Map 11886.
41 Residential Tract No. 13943.
42 Residential Tract No. 14216.
43 Multi-Family Tract No. 14339.
44 Commercial Tract No. 12962.
45 Commercial Mini-storage on Barton Road west of California Street. 46 Commercial PPD 88-10.
48 Residential Barton Road Frontage (Northwest corner of Barton Road and Benton Street).

2025/2026 City of Loma Linda Page 5
Landscape Maintenance District No. 1
Annexation
Number
Type of
Development Development Description
50 Commercial CUP 93-2.
51 Commercial Tract No. 12916.
52 Commercial CUP 93-5.
53 Commercial College Home Tract.
54 Residential Tract Nos. 14544, 14545, 14552.
55 Residential Tract No. 15071.
56 Residential Tract No. 15917, Van Leuven and San Timoteo Creek. 57 Commercial 24913 Redlands Boulevard.
58 Residential Tract No. 16016, Prospect Avenue and Mountain View. 59 Residential Tract No. 14543, Lawton Avenue and Whittier Avenue. 60 Commercial Along Barton Rd. between Mountain View and Bryn Mawr Ave. 61 Residential Tract No. 16234, Cole Street east of Benton Street. 62 Residential Tract No. 16259.
63 Residential Tract No. 16341.
64 Residential Tract No. 16382.
65 Residential Parcel Map 16120.
66 Residential Tract No. 16650.
67 Residential Tract No. 15422.
68 Residential Tract No. 16323.
69 Residential Tract No. 16730.
70 Commercial East of New Jersey Street and north of Barton Rd. 71 Commercial Along northeast corner of California Ave. and Barton Rd. 72 Commercial Along Barton Road, 600 ft. easterly of Mountain View Avenue (25805 and 25875 Barton Road).
73 Commercial Redview Plaza. Northwest corner of Mountain View Avenue and Redlands Blvd.
74 Residential Tract 18963, east of California Street and south of Citrus Avenue 75 Residential Tract 19963, east and west sides of New Jersey Street, between Orange Avenue and Citrus Avenue.

2025/2026 City of Loma Linda Page 6
Landscape Maintenance District No. 1
Annexation
Number
Type of
Development Development Description
76 Residential Tract 18990, south of Redland, west of California Street and north of Mission Road.
77 Residential Tract 20327, south of Park Avenue and west of Bryn Mawr Avenue 78 Residential Tract 20417, south of Citrus Avenue and northeast of Mission Road. 79 Residential Tract 20442, north of Citrus Avenue and west of Bryn Mawr Avenue. * Annexations 11, 12, 47, and 49 were combined with annexations 26, 43, 46 and 54. Annexations 63, 64, 66, 67, 68, 69 , 78 & 79 have homeowners’ associations that will maintain most or all common area landscaping within the interior of the respective developments. Annexations 30, 32, and 44 have no landscaping and are not assessed.

B. DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES Landscaping and irrigation improvements have been completed along the Barton Road frontage of Parcel Map 958 (Original) and the development that was the basis of the original district. There have been seventy-eight (78), subsequent annexations to the District, which are shown on the map included within this Report. Only those annexations having improvements to be maintained and serviced by the District are addressed within this Report.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electricity for the lighting and operation of the ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping, and appurtenant facilities.

The following table lists the various areas and location of the landscaping and irrigation improvements within the District.

Annexation Number Type of
Development Description of Area and Improvements
Original Commercial The Barton Road frontage of Parcel Map 958. 1 Residential The Mountain View Avenue frontage and interior portions of Tract Nos. 10131, 10132 and 10133.
2 Residential The Mountain View frontage of Tract No. 9438.

2025/2026 City of Loma Linda Page 7
Landscape Maintenance District No. 1
Annexation Number Type of
Development Description of Area and Improvements
3 Commercial The Barton Road frontage of the Loma Linda Plaza Shopping Center.
4 Multi-Family The Mountain View Avenue frontage of PPD 83-9. 5 Residential The Bryn Mawr Avenue frontage of Tract Nos. 10134, 10135, 10136 and 10137.
6 Residential The Mountain View Avenue frontage of Tract No. 9389. 7 Commercial The Mountain View Avenue frontage of Tract No. 12734 and Parcel Maps 3231 and 4683.
8 Residential The Mountain View Avenue frontage of Tract Nos. 10794 and Parcel Map 5241.
9 Commercial The Redlands Boulevard frontage of PPD 80-2. 10 Multi-Family The Mountain View Avenue frontage of Parcel Map 7277. 13 Residential The Mountain View Avenue frontage of Tracts 9817 and 9817-1.
14 Commercial The Redlands Boulevard frontage of Parcel Map 7857. 15a Residential
The Redlands Boulevard frontage of PPD 82-3 and the
Whittier Avenue, Verde Grove Avenue and Lawton Street
frontages of Tract No. 12458.
15b Commercial
The Redlands Boulevard frontage of PPD 82-3 and the
Whittier Avenue, Verde Grove Avenue and Lawton Street
frontages of Tract No. 12458.
16 Multi-Family The Redlands Boulevard frontage of Tract No. 12475. 17 Multi-Family The Redlands Boulevard frontage of Tract Nos. 12609 and 12881.
18 Residential The Bryn Mawr Avenue and Beaumont Avenue frontages of Tract No. 12294.
19 Residential
The Bryn Mawr Avenue, Lawton Avenue, Whittier Avenue,
and Beaumont Avenue frontages of Tract No. 11516 and
Assessor's Parcel No. 293-053-01.
20 Multi-Family The Mountain View Avenue frontage of PPD 84-2. 21 Multi-Family The Redlands Boulevard frontage of PPD 84-12. 22 Commercial The Redlands Boulevard frontage of Parcel Map 6643. 23 Commercial
The Redlands Boulevard, Camelot Lane, and Hampton Drive frontages of Tract No. 12771 (Loma Linda Redevelopment
Agency).
24 Commercial The Barton Road frontage of PPD 85-3.
25 Commercial The Mountain View and Redlands Boulevard frontages of Parcel Map 9198.
26 Commercial The Redlands Boulevard frontage of Tract No. 12916. 27 Residential The Bryn Mawr Avenue frontages and various interior streets of Tracts 10134 and 10135.
28 Commercial The Redlands Boulevard and Mountain View Avenue frontages of PPD 86-5.
29 Residential The Second Street and Bryn Mawr Avenue frontages of Tract No. 13046.
30 Commercial The Redlands Boulevard frontage of PPD 85-13. 31 Residential The Lawton Avenue and Bryn Mawr Avenue frontages of Tract No. 13449.
32 Commercial The Mountain View Avenue and Cottonwood Road frontages of Parcel Map 10741.
33a Commercial The Barton Road and Redlands Boulevard frontages of PPD 87-16 and PPD 87-9.

2025/2026 City of Loma Linda Page 8
Landscape Maintenance District No. 1
Annexation Number Type of
Development Description of Area and Improvements
33b Commercial The Barton Road and Redlands Boulevard frontages of PPD 87-16 and PPD 87-9.
34 Residential The Second Street and Whittier Avenue frontages of Tract No. 13705.
35 Residential The Lawton Avenue and Bryn Mawr Avenue frontages of Tract No. 13635.
36a Commercial The Redlands Boulevard frontages of PPD 86-17 and PPD 87-12.
36b Commercial The Redlands Boulevard frontages of PPD 86-17 and PPD 87-12.
37 Multi-Family The Mountain View Avenue frontage of PPD 85-6. 38 Commercial The Redlands Boulevard frontage of PPD 85-8. 39 Residential The Beaumont Avenue boundary and various interior streets of Tract No. 13887.
40 Multi-Family The Oakwood and Barton Road frontages of Parcel Map 11886.
41 Residential The George, Whittier, Beaumont, and Bryn Mawr frontages and various interior streets of Tract No. 13943.
42 Residential The Mountain View Avenue frontage of Tract No. 14216. 43 Multi-Family The Mountain View and Prospect Avenue frontages of Tract No. 14339.
44 Commercial The Beaumont Street frontage of Tract No. 12962. 45 Commercial The Barton Road frontage of the mini-storage on Barton Road west of California Street.
46 Commercial The Redlands Boulevard frontage of PPD 88-10. 48 Residential Barton Road Frontage. (northwest corner of Barton Road and Benton Street).
50 Commercial The Redlands Boulevard frontage of CUP 93-2. 51 Commercial The Redlands Boulevard frontage of Tract No. 12916. 52 Commercial The Redlands Boulevard frontage of CUP 93-5. 53 Commercial The Redlands Boulevard frontage of the College Home Tract. 54 Residential Tract Nos. 14544, 14545, 14552.
55 Residential Tract No. 15071.
56 Residential Tract No. 15917, Van Leuven and San Timoteo Creek. 57 Commercial 24913 Redlands Boulevard.
58 Residential Tract No. 16016, Prospect Avenue and Mountain View. 59 Residential Tract No. 14543, Lawton Avenue and Whittier Avenue. 60 Commercial Along Barton Rd. between Mountain View and Bryn Mawr Ave.
61 Residential Tract No. 16234, Cole Street east of Benton Street. 62 Residential Improvements along Oakwood Drive.
63 Residential Parkways and median right of ways along Mission Road and common areas and road medians within Tract No. 16341.
64 Residential Parkways along Newport Avenue and common areas within Tract No. 16382.
65 Residential
Parkways along Barton Road, Barton Road Median, New
Jersey Street, Orange Avenue, and California Street, and common areas within Parcel Map 16120.
66 Residential
Parkways adjacent to Bryn Mawr Avenue and George Street and slope easements adjacent to Bryn Mawr Avenue and
George Street.

2025/2026 City of Loma Linda Page 9
Landscape Maintenance District No. 1
Annexation Number Type of
Development Description of Area and Improvements
67 Residential Parkways along Whittier Avenue and First Street. 68 Residential Common areas within Parcel Map 16323.
69 Residential
Median landscaping along Mission Road from Mesquite
Avenue and Earp Drive, and common areas within Parcel
Map 16730.
70 Commercial Landscape and irrigation improvements within or adjacent to the annexation territory and surrounding properties.
71 Commercial
Median landscaping surrounding the commercial
development located on the northeast corner of California Avenue and Barton Road.
72 Commercial South side of Barton Road approximately 600 feet easterly of Mountain View Avenue (25805 and 25875 Barton Road).
73 Commercial West side of Mountain View Avenue, and north side of Redlands Blvd.
74 Residential East of California Street and south of Citrus Avenue. 75 Residential East and west sides of New Jersey Street, between Orange Avenue and Citrus Avenue.
76 Residential South of Redland, west of California Street and north of Mission Road.
77 Residential South of Park Avenue and west of Bryn Mawr Avenue. 78 Residential South of Citrus Avenue and northeast of Mission Road. 79 Residential North of Citrus Avenue and west of Bryn Mawr Avenue. * Annexations 11, 12, 47, and 49 were combined with annexations 26, 43, 46 and 54. Annexations 63, 64, 66, 67, 68, 69, 78 & 79 have homeowners’ associations that will maintain most or all common area landscaping within the interior of the respective developments. Annexations 30, 32, and 44 have no landscaping and are not assessed. See chart on page 12 for additional information on status.

Landscaped areas are portions of easements or road rights-of-way previously granted to the City, and the City has determined that properties within the District receive special benefit from the maintenance and servicing of these improvements.

The plans and specifications for the landscaping and irrigation improvements within each annexation have been prepared by the developer and have been approved as part of the improvement plans for the various developments. The plans and specifications for the landscaping and irrigation are in conformance with the requirements of the City Council conditions of approval of said Parcel Maps, Tracts, and Planned Parcel Developments.

Plans and specifications for the improvements for the original District and each subsequent annexation are voluminous and are not bound in this report but are on file in the office of the City Clerk and the City Engineer where they are available for public inspection. Said plans and specifications are by reference incorporated and made part of this report.

2025/2026 City of Loma Linda Page 10
Landscape Maintenance District No. 1
III. METHOD OF APPORTIONMENT
A. GENERAL
Pursuant to the 1972 Act and the provisions of Article XIIID, the costs of the District are apportioned by a formula or method which fairly distributes the net amount to be assessed among the assessable parcels in proportion to the special benefits received by each such parcel from the improvements and a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID requires that only special benefits are assessable and that the agency shall separate the general benefit from special benefit. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. Each parcel within the District receives special benefits from the improvements due to the close proximity of the landscaping improvements to each parcel.

B. SPECIAL BENEFIT
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained, serviced and funded by the assessments and specifically, the landscape and irrigation improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well-maintained landscaping improvements in close proximity to those properties.

The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The District improvements include various landscaped areas and accompanying appurtenances that provide special benefits to various properties within the District.

The special benefits associated with the landscaping improvements are specifically:
 Enhanced desirability of properties through association with the improvements.
 Improved aesthetic appeal of properties within the District providing a positive representation of the area.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.

2025/2026 City of Loma Linda Page 11
Landscape Maintenance District No. 1
 Environmental enhancement through improved erosion resistance and dust and debris control.
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
 Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities.
 Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.

The preceding special benefits contribute to a special enhancement and desirability of each of the assessed parcels within the District.

C. GENERAL BENEFIT
In addition to the special benefits received by the parcels within the proposed annexation, there are incidental general benefits conferred by the improvements within the District.

Each of the following constitutes incidental general benefits conferred by the District improvements:
 The proper maintenance of landscaping and appurtenant facilities within the District will control dust from blowing onto properties outside of the District boundaries.
 The control of erosion will reduce runoff into the City's storm drain system.  The proper maintenance of landscaped areas will facilitate proper drainage of properties within the District and also reduces the potential for flooding damage to properties on the downward slope from the District.  The spraying and treating of landscaping within the District for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout other properties within the City.  The proper maintenance of landscaping and ornamental structures provides a positive visual experience to persons passing by the District boundaries.

The total benefits are thus a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total landscape maintenance and servicing costs that are associated with general benefits will not be assessed to the parcels in the District but will be paid from other City Funds.

2025/2026 City of Loma Linda Page 12
Landscape Maintenance District No. 1
For the District, there are particular areas identified as the landscaping areas along Mt. View Ave. between Lawton Ave. and Beaumont Ave., Beaumont Ave. between Mt. View Ave. and UPRR, Bryn Mawr Ave. between Beaumont Ave. to Newport Ave., and Whittier Ave. between Beaumont Ave., and UPRR that also benefit the public at large. In this case, the landscaping areas are not the responsibility of the property owners in the District alone, and a greater general benefit component is considered and included in the General Fund Contribution in the budget on page

17. D. NO LANDSCAPING IMPROVEMENTS, PARTIALLY MAINTAINED OR

SELF MAINTAINED
The cost allocation/special benefit nexus to developed parcels in each annexation area is similar and appropriate for most parcels. In addition, the landscape improvements in some annexations are currently maintained by the property owners and are proposed to be maintained by the property owners this coming fiscal year if approved by the City Council. Also, City, County and Redevelopment Agency annexations are exempt and are not assessed.

The following is a list of annexations within the above header category and their status.

Annexation No. Status
3 Self-Maintained
7 Self-Maintained
8 Self-Maintained
9 Self-Maintained
13 Self-Maintained
14 Self-Maintained
15b Self-Maintained
17 Self-Maintained
20 Self-Maintained
23 Not Assessed – Government (Loma Linda Redevelopment
Agency)
25 Self-Maintained
28 Self-Maintained
30 Not Assessed - No Landscaping
32 Not Assessed - No Landscaping
36a Self-Maintained
40 Self-Maintained
43 Self-Maintained
44 Not Assessed - No Landscaping
45 Self-Maintained
50 Self-Maintained
57 Self-Maintained
58 Self-Maintained

2025/2026 City of Loma Linda Page 13
Landscape Maintenance District No. 1
Annexation No. Status
60 Self-Maintained
63 Partially HOA Maintained
64 Partially HOA Maintained
65 Self-Maintained
66 Partially HOA Maintained
67 Partially HOA Maintained
68 Partially HOA Maintained
69 Partially HOA Maintained
73 Self-Maintained
74 Self-Maintained
75 Self-Maintained
76 Self-Maintained
78 HOA Maintained
79 HOA Maintained
*Annexations 11, 12, 47, and 49 were combined with annexations 26, 43, 46 and 54. Annexations 63, 64, 66, 67, 68, 69, 78 & 79 have homeowners’ associations that will maintain most or all common area landscaping within the interior of the respective developments. Annexations 30, 32, and 44 have no landscaping and are not assessed.

Property owners having parcels within the District who are allowed to provide for their own landscape maintenance receive no assessment associated with the maintenance costs because these costs are paid directly to their own employees or contractor for this maintenance. They may also pay direct water costs to keep the landscaping alive and well. However, they will receive special benefit and be assessed for the costs associated with the Report and District administration to ensure that the required landscaping will be maintained to the standards established by the City and anticipated when the improvements were initially required.

Since this special benefit is associated with each annexation area, the assessments are based on the number of units of assessment for each annexation area. Thus, the assessments are the same to administer and to prepare the Report for the annexation areas providing their own landscape maintenance.

E. ASSESSMENT METHODOLOGY
The costs to provide maintenance and servicing of the improvements within or adjacent to the original area and each annexation area represent a zone of benefit (“Zone”) and provide a distinct and special benefit to each parcel in the Zone. The costs to provide maintenance and servicing of the improvements for each Zone are determined and are fairly and equitably distributed among each assessable parcel in the Zone based upon the estimated special benefit received by each parcel. The costs of the Report and District administration are fairly and equitably distributed to all Zones, including those that have no improvements or that are fully or partially self-maintained.

Assessable parcels within each Zone are determined to receive the same special benefit from the improvements due to their similarity in size and use and their

2025/2026 City of Loma Linda Page 14
Landscape Maintenance District No. 1
similar proximity to the improvements. Therefore, each assessable parcel in a Zone is assessed an equal amount.

For Fiscal Year 2025/2026 the assessment rate within each Zone will be the Balance to Levy divided by the number of assessable parcels which is equivalent to Equivalent Benefit Unit as shown in Budget.

2025/2026 City of Loma Linda Page 15
Landscape Maintenance District No. 1
F. ASSESSMENT RANGE FORMULA
An assessment range formula for the District assessments has been confirmed through property owner ballot proceedings in compliance with Article XIIID, except those existing assessments within the District, such as the Original District and Annexations 1-50, which qualified as exempt assessments pursuant to Article XIIID, Section 5 of the Constitution and did not require a ballot proceeding under the provisions of Section 4. The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to the assessment amounts without requiring costly noticing and mailing procedures, which would be added to the District costs and assessments. The assessment range formula shall be applied to future assessments within the District. The following describes this assessment range formula:

Wherein, if the proposed assessment (levy per unit or rate) is less than or equal to, the prior year’s maximum assessment plus the adjustments described in the following, then the proposed assessment is not considered an increased assessment.

For Annexations 51 through 79, the maximum assessment amount allowed for each fiscal year shall be adjusted annually by an amount equal to the percentage increase of the Consumer Price Index (“CPI”) for the Riverside-San BernardinoOntario area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, for March of the current year and the CPI for March of the previous year.

The CPI adjustment for Fiscal Year 2025/2026 is 2.53%. Such assessment adjustments shall not be considered an increase in assessment and shall not require that a notice or Assessment Ballot be sent to property owners within these annexation areas. The base assessment amount will be the amount originally noticed and approved by the property owners at the time of formation and adjusted annually to establish the new maximum assessment amounts. An increased assessment that exceeds this adjusted maximum assessment amount will require property owner balloting approval before the increase may be imposed.

2025/2026 City of Loma Linda Page 16
Landscape Maintenance District No. 1
IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.

DIRECT COSTS:

Maintenance — Includes regularly scheduled labor and general maintenance cost including wages, salaries, benefits, and contract services required to properly maintain and ensure the satisfactory condition of the improvements and appurtenant facilities.

Utilities — The furnishing of water and electricity required for the operation and maintenance of the improvements and facilities.

Capital Repairs/Improvements — This item includes repairs to the improvements and facilities that are not included in the yearly maintenance costs. This may include repair of damaged amenities due to vandalism, storms, etc. Also included may be planned upgrades or replacements of the improvements and equipment that provide a special benefit to the District. Includes materials, supplies (e.g., pipe, fertilizer, insecticides, fuel, cleaning material etc.), and equipment (e.g., communication, small tools, rentals, machinery etc.) required to operate, maintain, and ensure the satisfactory condition of the improvements and appurtenant facilities.

ADMINISTRATIVE COSTS:

Administration/Operations/Insurance — May include the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education, procedures associated with the levy and collection of assessments, the costs of contracting with professionals to provide administrative, legal or engineering services specific to the District, and the cost for the County to collect assessments on the property tax bills.

Professional Services — The cost of contracting with professionals to provide services specific to the levy of assessments and annual administration of the District.

OTHER BUDGET ITEMS:

General Fund Contributions — If the amount that can be collected through the annual assessments is not sufficient to cover the total annual direct costs and administrative costs, a General Fund contribution from the City may be necessary

2025/2026 City of Loma Linda Page 17
Landscape Maintenance District No. 1
to cover the shortfall. Part of the general fund funding is justified for the landscape within the “General Benefit” of the City.

Credit/Adjustments/HOA Adjustments — Miscellaneous credits to the levy, such as the application of excess District funds, etc.

Total Number of Parcels — The total number of parcels within the District.

Total Parcels Levied — The total number of parcels within the District that are assessed. Non-assessable lots or parcels include properties that have been determined to receive no special benefits from the improvements and may include land principally encumbered by public or other rights-of-way or easements, common areas, and/or parcels that have restricted use or development potential.

Levy per Parcel (shown in Appendix “A”) — This amount represents the assessment rate being applied to each assessable parcel in each area. The Levy per Parcel is the result of dividing the Balance to Levy per area by the sum of the number of assessable parcels.

B. ASSESSMENT DETAILS
Throughout the District there are certain annexations that receive different considerations in determining their annual assessments.

Annexations 3, 7, 8, 9, 13, 14, 15b, 17, 20, 23, 25, 28, 36a, 40, 43, 45, 50, 57, 58, 60, 65, 73, 74, 75 and 76 are self-maintained areas and are not assessed.

Annexations 63, 64, 66, 67, 68 and 69 are areas maintained by a Homeowner’s Association, and assessments are reduced to reflect only the improvement costs paid by the City and/or administrative costs associated with the area.

Annexations 11, 12, 47, and 49 were combined and are not assessed.

Annexation 23 is not assessed due to it government status. Annexations 30, 32, and 44 have no landscaping and are not assessed.

Annexations 51 through 79 receive an annual increase in their maximum assessments based on the annual CPI index, if the annexation is self-maintaining the inflator information is provided for tracking purposes only in the event the City every takes over the maintenance for that area.

2025/2026 City of Loma Linda Page 18
Landscape Maintenance District No. 1
C. DISTRICT BUDGET FISCAL YEAR 2025/2026

2025/2026 City of Loma Linda Page 18
Landscape Maintenance District No. 1
V. APPENDIX A – DISTRICT BUDGET
2025/2026 City of Loma Linda Page 19
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. Slight variances due to rounding. 2025/2026 City of Loma Linda Page 20
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. Slight variances due to rounding. 2025/2026 City of Loma Linda Page 21
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. Slight variances due to rounding. 2025/2026 City of Loma Linda Page 22
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. Slight variances due to rounding. 2025/2026 City of Loma Linda Page 23
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. Slight variances due to rounding. 2025/2026 City of Loma Linda Page 24
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. Slight variances due to rounding. 2025/2026 City of Loma Linda Page 25
Landscape Maintenance District No. 1
Notes: (1) Self-Maintained- Not Assessed. (2) Government/County- Not Assessed. (3) No Landscaping- Not Assessed (4) Combined, no longer annexations- Not Assessed. (5) HOA maintains portions of direct costs. (6) Allowable CPI inflator applied. (7) Zone not included in total levy. Slight variances due to rounding. Zone 70, Zone 76-79 are calculated by EBU count.

District Name 69 70 71 72 73 74 75 76 77 78 79 TOTALSTract/ Parcel Tract 16730
Loma Linda
Heart and
Surgical Hospital
Northeast
corner of
California Ave &
Barton Rd
Along Barton
Road, 600 ft.
easterly of
Mountain View
Avenue
Redview Plaza Citrus Lane Devlopment New Jersey Street Development Citrus Trails Harmony at the Groves Gold Crest Sierra Crest Notes (5) & (6) (6) (6) (6) (1) , (6) (1) , (6) (1) , (6) (1) , (6) (6) (7) (7) Direct CostsMaintenance $5,000 $10,584 $1,944 $2,579 $0 $0 $0 $0 $3,494 $0 $0 $361,600Utilities 1,198 2,697 299 2,384 0 0 0 0 2,160 0 0 210,000Capital Repairs/Improvements 0 0 244 672 0 0 0 0 1,048 0 0 70,400 Subtotal $6,198 $13,282 $2,487 $5,634 $0 $0 $0 $0 $6,701 $0 $0 $642,000% of Direct Costs 0.97% 2.07% 0.39% 0.88% 0.00% 0.00% 0.00% 0.00% 1.04% 0.00% 0.00% 100.00% Administrative Costs
Administration/Operations/Insurance $1,251 $2,681 $502 $1,137 $0 $0 $0 $0 $1,353 $0 $0 $129,600 Professional Services 165 354 66 150 0 0 0 0 178 0 0 17,100 Subtotal $1,416 $3,035 $568 $1,288 $0 $0 $0 $0 $1,531 $0 $0 $146,700 Total Direct and Administrative Costs $7,614 $16,317 $3,056 $6,922 $0 $0 $0 $0 $8,233 $0 $0 $788,700Levy per parcel of just Direct & Admin Costs $33.54 $8,158.26 $763.92 $216.31 $0.00 $0.00 $0.00 $0.00 $132.78 $0.00 $0.00 Levy Adjustments
Reserve Fund Collection/(Contribution) $0 $0 $0 $0 $0 $0 $0 $0 $1,747 $0 $0 $1,747Other Revenue/General Fund Contribution 0 (6,816) (1,127) (2,027) 0 0 0 0 0 0 0 (289,859)General Benefit Contribution 0 0 0 0 0 0 0 0 (300) 0 0 (300)Credit/Adjustments/HOA Adjustments 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal $0 ($6,816) ($1,127) ($2,027) $0 $0 $0 $0 $1,447 $0 $0 ($288,412) Balance to Levy $7,614 $9,501 $1,929 $4,895 $0 $0 $0 $0 $9,679 $0 $0 $500,288Total Number of Parcels 247 2 4 39 3 39 106 237 62 56 115 3,119 Total Parcels Levied 227 2 4 32 0 0 0 0 62 0 0 2,282 Total EBU's 25.32 224 62 % of Parcels 9.95% 0.09% 0.18% 1.40% 0.00% 0.00% 0.00% 0.00% 2.72% 0.00% 0.00% 100.00%Proposed Levy Per Benefit Unit FY 2025/26 $33.543 $375.219 $482.248 $152.958 $0.000 $0.000 $0.000 $0.000 $156.119 $0.000 $0.000Maximum Assessment Per Benefit Unit $52.036 $375.219 $482.248 $152.958 $626.058 $399.069 $174.174 $197.766 $173.520 $595.607 $158.358Total Assessment Allowable $11,812.21 $9,500.55 $1,928.99 $4,894.65 $0.00 $0.00 $0.00 $0.00 $10,758.26 $30,375.96 $16,310.83 $623,409 (total assessable-total costs) $4,197.93 ($6,815.96) ($1,126.69) ($2,027.34) $0.00 $0.00 $0.00 $0.00 $2,525.76 $30,375.96 $16,310.83 ($165,291) 51-79 increase by CPI 2.53% 2.53% 2.53% 2.53% 2.53% 2.53% 2.53%Levy Per Parcel PY 2024/25 $33.93 $214.35 $240.20 $149.18 $0.00 $0.00 $0.00 N/A $147.49 $0.00 $0.00 % change -1.14% 75.05% 100.77% 2.53% 0.00% 0.00% 0.00% N/A $0.06 0.00% 0.00% % Change From Last Year: -1.14% 75.05% 100.77% 2.53% 0.00% 0.00% 0.00% N/A $0.06 0.00% 0.00% Dollar Change From Last Year: ($0.39) $160.87 $242.05 $3.77 $0.00 $0.00 $0.00 N/A $8.63 $0.00 $0.00Fund Balance Information Beginning Reserve Balance as of 7/1/2025 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Reserve Fund Collection/(Deduction) 0 0 0 0 0 0 0 0 0 0 0 0Ending Reserve Fund Balance $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Credit Available for FY 2025/26Credit Used for FY 2025/26Credit Remaining for FY 2025/26

2025/2026 City of Loma Linda Page 26
Landscape Maintenance District No. 1
VI. APPENDIX B - DISTRICT ASSESSMENT DIAGRAM
An Assessment District Diagram has been prepared for the District in the format required by the 1972 Act and is on file with the City Clerk and, by reference, is made part of this Report. The Assessment Diagram is available for inspection at the Office of the City Clerk during normal business hours.

2025/2026 City of Loma Linda Page 27
Landscape Maintenance District No. 1
VII. APPENDIX C – 2025/2026 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the San Bernardino County Assessor Parcel Maps and/or the San Bernardino County Secured Tax Roll for the year in which this Report is prepared.

Non-assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public rights-of-way or easements, and dedicated common areas. These parcels will not be assessed.

Parcel listing of the District, along with the proposed assessment amounts, has been submitted to the City Clerk and are made part of this Report.

Upon approval of the Engineer’s Annual Levy Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2025/2026. If the parcels or assessment numbers within the District and referenced in this Report are renumbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or assessment numbers will be based on the method of apportionment and levy amount approved in this Report by the City Council.

2025/2026 City of Loma Linda Page 28
Landscape Maintenance District No. 1
VIII. APPENDIX D - RESOLUTIONS
City of Loma Linda
Regular City Council Staff Report
C. Public Hearing - Council Bill #R-2025-17 - A Resolution Adopting the Annual Report and Assessments for the Street Light Benefits Assessment District No. 1 for Fiscal Year 2025-2026 [Public Works] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Scheduled and Related Items Item: 2C.

To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council adopt City Council Bill #R-2025-17, a resolution approving the Engineer’s report for the Street Light Benefits Assessment District No. 1 and authorizing the levying of the annual assessments of fiscal year 2025-26.

BACKGROUND:

On May 13, 2025, City Council took several actions that included: initiating proceedings; preliminarily approving the Engineer’s report and setting June 10, 2025, as the date for the Public Hearing. Assessments for this District help to cover the cost of streetlight and traffic signal maintenance within the district The City of Loma Linda annually levies and collects special assessments in order to provide and maintain the improvements within the Loma Linda Street Light Benefit Assessment District No.1. The District has been formed and annual assessments are established pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code and Article XIIID of the California Constitution.

ANALYSIS:

The Annual Report has been submitted by Willdan Financial Services, the Assessment Engineer. The total assessment for FY 25-26 will be $365,191. Expenditures for FY 25-26 are estimated to be $488,800. Funds will be transferred from General Fund to cover expenditure shortfalls. The City will continue to make energy conservation changes to the District as funding permits in order to reduce maintenance and operation costs.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Funding from Account No. 1725100-51820, Professional Services, for the assessment and report services.

Attachments
Resolution - FY25-26 Loma Linda SMD 1.pdf
FY2526 Loma Linda SMD Engineer's Report_PH.pdf
RESOLUTION NO. ___________

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

CALLIFORNIA, ORDERING THE CONTINUED MAINTENANCE OF
STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, AND

CONFIRMING THE ENGINEER'S REPORT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2025/2026
WHEREAS, the City Council of the City of Loma Linda did on the 13 th day of May
2025, adopt its Resolution of Intention No. _3250_, to order the therein described work in connection with the continuation of assessment procedures in Street Light Benefit Assessment District No. 1, which Resolution of Intention No. 3250_was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the Office of the City Clerk; and WHEREAS, Proposition 218 exempts assessments which are used to operate and maintain streets, provided the assessments are not increased; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. The public interest and convenience require the continuation of assessment procedures for the district, and said City Council hereby orders that the work and assessment, as set forth and described in said Resolution of Intention No. _3250_ be done and made; and

2. That the report filed by the Engineer is hereby ordered finally approved with ordered changes, if any; and

3. The method of assessment in the Engineer's Report is hereby approved and the assessments as contained in said report are hereby levied.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Loma Linda on this 10
th day of June 2025 by the attached certified vote.

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Resolution No. XXXX

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF I have hereto set my hand or affixed the Seal of the City of Loma Linda this 10
th day of June 2025.

Lynette Arreola, City Clerk
City of Loma Linda

City of Loma Linda

Street Light Benefit Assessment
District No. 1

2025/2026 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 13, 2025
27368 Via Industria, Suite 200 Public Hearing: June 10, 2025 Temecula, California 92590
T. 951.587.3500 800.755.6864
F. 951.587.3510 888.326.6864
www.willdan.com

AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
Street Light Benefit Assessment District No. 1
City of Loma Linda
San Bernardino County, State of California
This Report describes the Street Light Benefit Assessment District No. 1 and subsequent annexations (the “District”) and services therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the San Bernardino County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 1
II. DESCRIPTION OF THE DISTRICT 2
A. BOUNDARIES OF THE DISTRICT 2
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES 4 III. METHOD OF APPORTIONMENT 4
A. GENERAL 4
B. BENEFIT ANALYSIS 5
C. METHODOLOGY 5
IV. DISTRICT BUDGETS 6
A. ESTIMATED MAINTENANCE AND SERVICING COSTS 6
B. DESCRIPTION OF BUDGET ITEMS 6
C. ASSESSMENT CALCULATIONS 9
V. APPENDIX A – DISTRICT BOUNDARY MAP 10
VI. APPENDIX B - FISCAL YEAR 2025/2026 ASSESSMENT ROLL 11 VII. APPENDIX C – RESOLUTIONS 12
2025/2026 City of Loma Linda Page 1
Street Light Benefit Assessment District No. 1
I. OVERVIEW
A. INTRODUCTION
The City of Loma Linda (“City”) annually levies and collects special assessments in order to provide and maintain the improvements within the Loma Linda Street Light Benefit Assessment District No. 1 (“District”). The District has been formed and annual assessments are established pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the California Constitution Article XIIID (“Article XIIID”).

The Engineer’s Annual Levy Report (“Report”) describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2025/2026. For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the County of San Bernardino (”County”) Assessor’s Office.

The County Auditor/Controller uses APNs and specific Fund Numbers to identify properties on the tax roll assessed for special district benefit assessments. The proposed assessments are based on the historical and estimated costs to maintain the improvements that provide special benefit to properties within the District. The improvements within the District and the corresponding costs that make up the annual levy and that are budgeted and assessed to the District include budgeted expenditures, deficits, surpluses, revenues, and reserves. Each parcel is assessed proportionately for only those improvements provided and for which the parcel receives special benefit.

Following review of the Report and consideration of public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or approve the Report as submitted. Following approval of the Report, the Council may order the levy and collection of assessments for Fiscal Year 2025/2026 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2025/2026.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218. This Constitutional amendment was the latest in a series of initiatives altering the revenue-raising discretion of California’s local agencies. The provisions of Proposition 218 are set forth in the California Constitution Articles XIIIC and XIIID.
2025/2026 City of Loma Linda Page 2
Street Light Benefit Assessment District No. 1
In Article XIIID Section 2 (b), “Assessments” are defined as:
“…any levy or charge upon real property by an agency for a special benefit conferred upon the real property. ‘Assessment’ includes, but is not limited to, ‘special assessment,’ ‘benefit assessment,’ ‘maintenance assessment,’ and ‘special assessment tax.’”
Streetlights and traffic signals are installed on and for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed. Assessments for the maintenance and servicing of streets include streetlights and traffic signals, and pursuant to the provisions of Article XIIID Section 5(a), existing assessments for street maintenance are exempt from the procedural requirements of Article XIIID Section 4 until such time that the assessments are increased.

It is the understanding of the Assessment Engineer that the assessments were to fund a degree of maintenance and servicing, which can fluctuate from year to year. As long as the maximum assessment for any prior year is not exceeded in future years, assessment balloting is not required.

II. DESCRIPTION OF THE DISTRICT
A. BOUNDARIES OF THE DISTRICT
The boundaries of the District are coterminous with the City as shown on the map entitled, “Diagram Street Light Benefit Assessment District No. 1, City of Loma Linda, California” which is on file in the Office of the City Clerk, City of Loma Linda, California. There have been annexations into the District throughout the years the most recent annexations since fiscal year 2017/2018 are identified below:

Annexation Fiscal Year
Citrus Lane 2017/2018
New Jersey Street 2018/2019
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
2025/2026 City of Loma Linda Page 3
Street Light Benefit Assessment District No. 1
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
2025/2026 City of Loma Linda Page 4
Street Light Benefit Assessment District No. 1
C. DESCRIPTION OF THE DISTRICT IMPROVEMENTS AND SERVICES The improvements in the District are for maintenance and servicing of streetlights, traffic signals and intersection lighting. They are an integral part of the entire street, the same as curb, gutters, pavement, signage and striping. Taken as a group, they are the elements that provide a safe route for motorists.

Streetlights and traffic signals are installed to make streets safer. The traffic signals assign the right-of-way for motorists. Streetlights are installed to provide better visibility for drivers. One hundred (100) percent of the illumination from the lights is directed to the street, ninety (90) percent on the street side of the curb and ten (10) percent behind the curb. The spacing of the lights is based on the speed of the vehicles and the natural ability of the motorists’ eyes to adjust to lighter and darker areas.

The existing streetlight and traffic signal improvements are owned either by the Southern California Edison Company, the State of California Department of Transportation, or the City. Facilities owned by either the Southern California Edison Company or the State of California Department of Transportation were constructed in accordance with plans and specifications on file with the respective owners. Facilities constructed for or by the City are on file in the City offices. Reference is hereby made to said plans and specifications and they are by reference made a part of this report to the same extent as if said plans and specifications were attached hereto.

Although the 1972 Act allows for the construction of improvements and the assignment of the benefit assessments associated therewith, it is not anticipated that any new improvements will be installed nor benefit assessments made for the installation of improvements for Fiscal Year 2025/2026.

III. METHOD OF APPORTIONMENT
A. GENERAL
Pursuant to the 1972 Act and the provisions of the California Constitution, the costs of the District are apportioned by a formula or method that fairly distributes the net amount to be assessed among all assessable parcels in proportion to the special benefit to be received by each such parcel from the improvements. Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID also requires the agency to separate the general benefit from special benefit and that only special benefit is assessable.

Each parcel within the District receives special benefit from the improvements due to the close proximity of the lighting improvements to each parcel. The proposed assessments for Fiscal Year 2025/2026 are at the same rate as in the prior Fiscal Year 2025/2026.

Since the assessments are not new or increased, and are for streetlights, they are currently exempt from the procedures and approval process of Article XIIID.

The cost to provide maintenance and servicing of the improvements within the District is fairly and equitably distributed among each assessable parcel based upon the estimated special benefit received by each parcel.
2025/2026 City of Loma Linda Page 5
Street Light Benefit Assessment District No. 1
B. BENEFIT ANALYSIS
The City Council, in determining the necessity of forming the District, considered the increasing cost of providing services to the residents, businesses, and properties located within the City. The benefits of street lighting conferred upon the property within the District include the convenience, safety, and security of property, improvements and goods.

Specifically:

1. Enhanced deterrence of crime and the aid to police protection.

2. Increased nighttime safety on streets through enhanced visibility.

3. Improved sense of security and safety for pedestrians, motorists and property owners.

4. Improved ingress and egress to property.

5. Reduced vandalism, other criminal acts and damage to improvements or property.

6. Reduced personal property loss.

The preceding special benefits contribute to a special enhancement and desirability of each of the assessed parcels within the District.

C. METHODOLOGY
Assessments proposed for individual lots within the District will be for special benefit received and will be determined based upon four benefit zones.

1. Residential parcels within the urban area having a minimal level of benefit.

2. Residential parcels within the urban area having a higher than minimal level of benefit.

3. Non-Residential land use within the urban area.

4. Rural land use outside the urban area.

The benefit to be received by each zone varies. There are residential properties within the urban area that have fewer streetlights than other urban residential areas and thus receive less benefit. There are rural areas that have even fewer residential streetlights than even the minimum urban residential areas and thus receive less benefit. The non-residential properties are generally sited along the major arterial streets and receive a higher level of street lighting and thus receive the highest level of benefit. These same levels of benefit are also reflected in the maintenance and servicing of traffic signals.

The benefit to properties for traffic signals and intersection and highway safety lighting on the City's major streets is a benefit to the parcels within the City. The parcels share equally the cost of the signal and highway safety lights. Thus, the total benefit to each parcel within the District is a combination of the traffic signal and highway safety lighting, plus the various levels of lighting for the residential (minimal), residential (standard), nonresidential and rural zones as described above.

Properties within the District have been categorized into one of the four benefit zones.

Each property has been given 1 Unit of Benefit subsequent to its categorization. Please refer to Section B “Assessment Calculation” of this report for further particulars on 2025/2026 City of Loma Linda Page 6
Street Light Benefit Assessment District No. 1
assessments per 1 Unit of Benefit.

For a detailed explanation of the basis for assessing properties for streetlights and traffic signals, refer to Section 6, “Assessment Basis,” in the Fiscal Year 1982/1983 Engineer's Report for the District.

The City Council has determined that streetlights and traffic signals are an integral part of the quality of life within the City and that the parcels within the City, except publicly and government owned ones, benefit to some degree from these systems.

Railroad, gas, water or electric utility or electric line rights-of-way included within the District will not be assessed for said benefit. In addition, public schools, government agencies, and parcels with no road frontage will not be assessed.

IV. DISTRICT BUDGETS
A. ESTIMATED MAINTENANCE AND SERVICING COSTS
The maintenance and servicing of existing streetlight and traffic signal facilities is performed by either the Southern California Edison Company, the State of California Department of Transportation or by the City through its own forces or contract personnel.

The portion of the streetlight system owned and operated by the Southern California Edison Company is billed to the City on a monthly flat rate or metered basis. These flat rates or metered amounts vary based upon the type and size of luminaries and actual metered amounts.

A portion of the street lighting system is owned and maintained by the City. Electrical energy is purchased from the Southern California Edison Company at metered locations.

Again, as with the Edison-owned lights, there are frequent increases in the electrical energy costs; however, with the City-owned system, these increases are termed “fuel cost adjustments”.

B. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.

DIRECT COSTS:

Maintenance — Includes regularly scheduled labor and general maintenance cost including wages, salaries, benefits and contract services required to properly maintain and ensure the satisfactory condition of the improvements and appurtenant facilities.

Utilities — The furnishing of water and electricity required for the operation and maintenance of the improvements and facilities.

Capital Repairs / Improvements — This item includes repairs to the improvements and facilities that are not included in the yearly maintenance costs. This may include repair of 2025/2026 City of Loma Linda Page 7
Street Light Benefit Assessment District No. 1
damaged amenities due to vandalism, storms, etc. Also included may be planned upgrades or replacements of the improvements and equipment that provide a special benefit to the District. Includes materials, supplies, and equipment required to operate, maintain and ensure the satisfactory condition of the improvements and appurtenant facilities.

ADMINISTRATIVE COSTS:

Professional Services — The cost of contracting with professionals to provide services specific to the levy of assessments and annual administration of the District.

OTHER BUDGET ITEMS:

Collection/Contributions — If there is a surplus at the end of any fiscal year, it shall be deposited in the District account. If there is a deficit at the end of any fiscal year, the shortfall will be covered by any surplus funds in the District account. However, if there are no surplus funds in the District account, the shortfall will be made up through a General Fund contribution.

Total Parcels Levied — The total number of parcels within the District that are assessed.

Non-assessable lots or parcels include properties that have been determined to receive no special benefits from the improvements and may include land principally encumbered by public or other rights-of-way or easements, common areas, and/or parcels that have restricted use or development potential.

The following information was the District’s estimated costs from the City’s Budget:
2025/2026 City of Loma Linda Page 8
Street Light Benefit Assessment District No. 1

CITY OF LOMA LINDA
STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO 1
FISCAL YEAR 2025/2026

ESTIMATE OF COSTS
Direct Costs
Maintenance $27,700
Utilities 293,200
Capital Repairs/ Improvements 72,900
Subtotal $393,800
Administrative Costs
Admin/ Operations/ Insurance $81,600
Professional Services 13,400
Subtotal $95,000
Total Direct & Administrative Costs $488,800
Reserve Transfer (72,839)
General Fund Contribution (50,770)
Balance to Levy $365,191
Total Parcels Levied 5,898
Operational Reserve Fund Balances
Beginning Fund Balance $72,839
Contribution from Reserve (72,839)
Estimated Ending Fund Balance $0
2025/2026 City of Loma Linda Page 9
Street Light Benefit Assessment District No. 1
C. ASSESSMENT CALCULATIONS
For detailed assessment calculations, refer to Section 7, “Assessments,” in the Fiscal Year 1982/1983 Engineer's Report for the Street Light Benefit Assessment District No. 1.

The total assessment necessary to maintain and service the streetlights and traffic signals in Fiscal Year 2025/2026 is estimated to be $488,800. This cost plus any collections for the operating reserves will be distributed among 5,898 parcels this year. The balance to levy for Fiscal Year 2025/2026 is $365,191, which includes collection for Reserves.

Summary of Proposed Annual Assessments:

Benefit Zones
FY 2025/2026
Assessment Per
Units of Benefit
FY 2025/2026
Units of
Benefit
FY 2025/2026
Levy Amount (1)
Residential (Surcharge) $56.14 4,246.00 $238,370.44
Residential Condo (Surcharge) $56.14 421.34 23,653.60
Residential (Minimal) $38.00 735.00 27,930.00
Non-Residential $123.17 603.00 74,271.37
Rural $17.88 54.00 965.52
Total 6,059.34 $365,190.93
(1) Slight variances from budget due to rounding.

Per parcel assessments are based on the number of 100-foot increments of front footage that a parcel has within its benefit zone. Developments with private streets, such as condominiums, have assessments based on the number of 100-foot increments of front footage along the perimeter of the development divided by the number of feet within the development. Front footage increments are rounded up to the nearest 100 feet.

For example: A parcel with 267 front linear feet within the Residential Surcharge area is assessed 300 ft. / 100 ft. x $56.14 per ft. = $168.42.

Individual assessments for individual parcels within the District are tabulated in Appendix B of this Report.

The City Council will hold a public hearing to consider confirming, or modifying and confirming, the foregoing assessments for Fiscal Year 2025/2026. These assessments, if confirmed, will be transmitted to the San Bernardino County Auditor and recovered through taxes paid by property owners as is required by the 1972 Act. 2025/2026 City of Loma Linda Page 10
Street Light Benefit Assessment District No. 1
V. APPENDIX A – DISTRICT BOUNDARY MAP
The Boundary Diagram for the original district has previously been submitted to the Clerk of the City in the format required under the 1972 Act and is made part of this Report by reference.

The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of San Bernardino County for the year in which this Report was prepared and is incorporated by reference and made part of this Report.
202
5/2026 City of Loma Linda Page 11
Street Light Benefit Assessment District No. 1
2025/2026 City of Loma Linda Page 11
Street Light Benefit Assessment District No. 1
VI. APPENDIX B - FISCAL YEAR 2025/2026 ASSESSMENT
ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the San Bernardino County Assessor Parcel Maps and/or the San Bernardino County Secured Tax Roll for the year in which this Report is prepared.

Non-assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public rights-of-way or easements and dedicated common areas. These parcels will not be assessed.

A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and is attached herein.

Upon approval of the Engineer’s Annual Levy Report, and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2025/2026. If the parcels or assessment numbers within the District and referenced in this Report, are renumbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or assessment numbers will be based on the method of apportionment and levy amount approved in this Report by the City Council. 2025/2026 City of Loma Linda Page 12
Street Light Benefit Assessment District No. 1
VII. APPENDIX C – RESOLUTIONS
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA

LINDA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE

PREPARATION OF AN ENGINEER'S REPORT FOR STREET
LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL
YEAR 2025/2026
The City Council of the City of Loma Linda (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being division 15 of the Streets and Highways Code of the State of California ("Act"), desires to initiate proceedings for Loma Linda Street Light Benefit Assessment District No. 1 (the "District") and for the levy and collection of assessments within the proposed District for the fiscal year 2025/2026, for the purposes provided therefore in the Act; and The public interest and convenience require the City to initiate proceedings for the levy of assessments within the District for the fiscal year 2025/2026, for the purposes provided thereof in the Act; and
Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act.

WHEREAS, by adoption of Resolution No. 785, the City Council of the City of Loma Linda determined that the public interest, convenience and necessity required the installation, construction, and operation of street lighting and appurtenant facilities set forth in Section 22525 of the Streets and Highways Code, State of California, and the maintenance thereof within the incorporated boundaries of the City of Loma Linda as shown on the attached map; and WHEREAS, Willdan Financial Services, 27368 Via Industria, Suite 200, Temecula California, 92590, was appointed "Engineer of Work" with all provisions of Division 15 applicable to the Engineer applied to said "Engineer of Work"; and WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that an Engineer's Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district; and
WHEREAS, Proposition 218, right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution which requires among other things, that beginning July 1, 1997, all existing assessments must be approved by at least 50 percent of the ballots cast by record owners subject to the assessment; and
Resolution No.

WHEREAS, Proposition 218 exempts assessments which are used to operate and maintain streets, provided the assessments are not increased; and WHEREAS, streetlights and traffic signals are installed, maintained and operated for street purposes; and
WHEREAS, the street light assessments for fiscal year 2025/2026 are not increased over those imposed for fiscal year 2024/2025; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. The Engineer of Work is ordered to prepare the report for fiscal year 2025/2026 in accordance with Article 4, Division 15, of the Streets and Highways code, "The Landscaping and Lighting Act of 1972" of the State of California.

2. The assessments for fiscal year 2025/2026 are exempt from Proposition 218, based on the provision of Proposition 218.

APPROVED, ADOPTED AND SIGNED this _____ day of ________, 2025 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phill Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, PRELIMINARILY APPROVING ENGINEER'S
REPORT FOR FISCAL YEAR 2025/2026 FOR STREET
LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1
The City Council of the City of Loma Linda (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, being division 15 of the Streets and Highways Code of the State of California ("Act"), has ordered the preparation of an Engineer’s Report and has filed said Report titled “Loma Linda Street Light Benefit Assessment District No. 1” ("District") and has initiated proceedings for the levy and collection of assessments within the proposed District for the fiscal year 2025/2026, for the purposes provided therefore in the Act; and
WHEREAS, the City Council, has by previous Resolution, ordered the preparation of the Engineer’s Report and directing the Engineer of Work to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972 for fiscal year 2025/2026; and
WHEREAS, said Engineer of Work has made and filed with the City Clerk of said City a report in writing as called for in said Resolution and under and pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. The Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them is hereby preliminarily approved.

2. The diagrams showing the District referred to and described in said report, the boundaries of the subdivision of land within said Assessment District as the same existed at the time of passage of said Resolution, is hereby preliminarily approved.

3. The proposed assessment upon the subdivision of land in said District is in proportion to the estimated benefit to be received by said subdivisions, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved.

4. Said report shall stand as the Engineer's Report for the purposes of all subsequent proceedings.

Resolution No.

PASSED, APPROVED AND ADOPTED this ______ day of ________, 2025 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phill Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
RESOLUTION NO. _______

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

COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING ITS

INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL
YEAR 2025/2026 IN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE

EXTERIOR BOUNDARIES OF THE AREAS WITHIN STREET LIGHT
BENEFIT ASSESSMENT DISTRICT NO. 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS
STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1,

DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND

OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO The City Council of the City of Loma Linda (“City”), pursuant to the provisions of The Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, declares its intention and does resolve as follows:

WHEREAS, it is the intention of the City Council of the City of Loma Linda, California, to order the following work be done:

1. Maintenance, operation and servicing of street lighting and traffic signals as authorized by Section 22525 of the Streets and Highways Code.

2. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof; and WHEREAS, the foregoing described work is to be located within roadway right-ofway and public utility easements within the incorporated boundaries of the City of Loma Linda more particularly described on a map which is on file in the City Clerk's Office entitled "Assessment Diagram Street Light Benefit Assessment District No. 1"; and WHEREAS, that the contemplated work, in the opinion of said City Council, is of more special than general public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is described as follows: All that certain territory of the City of Loma Linda included within the exterior boundary line shown upon that certain map entitled "Assessment Diagram Street Light Benefit Assessment District No. 1," indicating by said boundary line the extent of the territory included within the proposed assessment district and which map is on file in the Office of the City Clerk of said City; and
WHEREAS, reference is hereby made to said map for further, full and more particular description of said assessment district, and the said map so on file shall govern for all details as to the extent of said assessment district; and WHEREAS, the City Council of said City has, by previous Resolution, preliminarily approved the report of the Engineer of Work, which said report indicates the amount of the proposed assessment, the district boundary, detailed description of improvements, and the method of assessment. The report titled "Engineer's Annual Levy Report for Street Light Benefit Assessment District No. 1 fiscal year 2025/2026 is on file in the Office of the City Clerk of said City, and was prepared for fiscal year 2025/2026 in accordance with the Resolution No.

Landscaping and Lighting Act of 1972. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work; and
WHEREAS, the assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer of Work shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report, at which time assessments for the next fiscal year will be determined; and WHEREAS, all the work herein proposed shall be done and carried through in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, that by reference to Section 22595 of said Streets and Highways Code all railroad, gas, water or electric utility or electric line right-of-way included within said Street Lighting Benefit Assessment District No. 1 which will receive benefit will be assessed for said benefit; and
WHEREAS, although Section 4 of Article XIIIC, of the California Constitution has a procedure of assessing parcels owned or used by any public agency, the State of California or the United States, Section 5(a) of said Article XIIIC exempts any assessment to finance maintenance and operating expenses for streets, or streetlights as an integral part of a street, therefore, the assessment of public parcels is exempt; and WHEREAS, published notice shall be made pursuant to Section 6061 of the Government Code. The publication of notice of hearing shall be completed at least 10 days prior to the date of hearing; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda that:

1. Notice is hereby given that on the 10
th day of June 2025 at the hour of 7:00
p.m., or as soon thereafter as possible, in the City Council Chamber at 25541 Barton Road, in the City of Loma Linda, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out in accordance with this Resolution of Intention. The City Council will consider all oral and written protests; and

2. The City Clerk shall certify to the adoption of this Resolution.

Resolution No.

PASSED, APPROVED AND ADOPTED this ______ day of ________, 2025 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Phill Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
City of Loma Linda
Regular City Council Staff Report
A. Approve Minutes of April 22, 2025 [City Clerk]
Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3A.

To
City Council
From
Lynette Arreola, City Clerk
RECOMMENDATION:

It is recommended that City Council approve the minutes of April 22, 2025, as presented.

Attachments
Regular City Council-04-22-2025-minutesDraft.pdf

REGULAR CITY COUNCIL MINUTES
25541 Barton Road, Loma Linda, CA 92354
April 22, 2025, 5:30 PM - April 22, 2025, 8:50 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilmember
Ovidiu Popescu, Councilmember
Rhonda Spencer-Hwang, Councilmember

1. Call to Order

1.A. Call to Order- 5:30 PM
The meeting was called to order at 5:30 pm and immediately recessed into closed session.

1.B. Roll Call- 5:30 PM
All Councilmembers present.

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; Andy Ramirez, Assistant City Manager; Andrew Sanchez, Customer Support Technician; and Lt. Kaysie Smith, San Bernardino County Sheriff's Department

1.C. Closed Session - 5:30 pm - Council Board Room- 7:38 PM The regular meeting of the City Council reconvened at 7:38 pm. The City Attorney announced that the City Council met in closed session regarding labor negotiations. She stated that no action was taken and direction was provided to staff.

1.D. Invocation and Pledge of Allegiance - Councilmember Spencer-Hwang- 7:38 PM The Invocation and Pledge of Allegiance was led by Councilmember Spencer-Hwang.

1.E. Items to be Added or Deleted- 7:39 PM
No items were added or deleted.

1.F. 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)- 7:39 PM No oral participation upon invitation by the Mayor.

2. Scheduled and Related Items

2.A. Community Garden Valentine's Day Event - Recap Report [Melanie Hendricks]- 7:39 PM Melanie Hendricks provided an overview of the Community Garden Valentine's Day event, noting that the event was relocated to the Community Room due to the weather. Despite the change in venue, she noted that the event was well-attended, with 55 participants ranging from infants to 12-year-old children, along with their families; that Councilmember Spencer-Hwang and City Manager Thaipejr attended the event; that there were do-it-yourself art and card-making activities using materials from the community garden; that the event promoted community engagement; and that they received positive feedback with requests to do other events. She thanked all the supporters and valued their continued partnership for future events.

2.B. School of Public Health Student Presentation - Umang Sharma- 8:16 PM Umang Sharma and Silvano Cardenas, students at Loma Linda University's School of Public Health, shared their perspectives and those of their peers on reasons they are drawn to living in Loma Linda. They noted that Loma Linda is recognized as a "Blue Zones" city and the only one in the United States, where they would like to see the City capitalize on this. They stated that many students support the health conscious environment and lifestyle.

They expressed a desire to view more lush greenery throughout the City, to develop a designated downtown area and to foster a more livable, walkable community. They pointed out the number of vacant lots and business suites within the city, which should be an opportunity to attract healthy food establishments and health-oriented businesses to occupy those vacant areas. They explained that the main school cafeteria closes daily at 2:00 p.m.

Students and employees go to Redlands and San Bernardino for dining, because Loma Linda is limited in its dining options. They pointed out that the City of Redlands has more lush trees and more restaurants. They highlighted the Redlands Public Market that recently opened, which offers a number of eateries. By implementing some of these enhancements, Loma Linda has the opportunity to reinforce its identity as a leader in health and wellness.

They thanked the City Council and Dr. Spencer-Hwang the opportunity to share their presentation.

Mayor pro tempore Dailey thanked the students for their presentation. He acknowledged their aspiration for growth; however, he pointed out that the City has to comply with government mandates, such as water conservation and housing requirements that will limit some of the environmental enhancement that was discussed. He pointed out that the City was an award recipient of Tree City USA. He noted that while the City has attracted health-conscious businesses, developers often base their demographic analysis on a broader regional area that includes neighboring cities, which has lead them to conclude that the overall market does not present a strong investment opportunity. He noted that many vacant lots are not owned by the City.

Mayor Dupper noted that the City maintains a strong partnership with the University, especially on Universityrelated projects. He stated that the University owns approximately one-third of the property within the City and is actively pursuing development opportunities aligned with health-conscious amenities. While the City cannot force businesses or property owners to locate in Loma Linda, he emphasized that the City continues to actively encourage and offer incentives to attract new businesses.

Council Member Spencer-Hwang applauded their presentation and encouraged Ms. Sharma and Mr. Cardenas to interact with the City on their ideas and suggestions.

Council Member Popescu thanked them for their presentation and agreed that the City needs to preserve Loma Linda as a Blue Zone. He encouraged them to stay informed about other public meetings of Boards and Commissions and to share their ideas, particularly during the early stages of projects.

2.C. Presentation on the GIS Hub on the City's Website [Public Works]- 8:22 PM City Manager Thaipejr introduced Henry Reed, City's Engineer Technician/GIS Analyst, to provide a brief presentation sharing the work he has done building the various layers of information of the Geographic Information System (GIS) Hub on the City's website.

Mr. Reed noted that the City of Loma Linda implemented GIS over 25 years ago. He explained that GIS is an interactive platform designed to provide residents, businesses, and cities comprehensive geographic data. He explained that he has been building several Web Map applications for the past 15 years, which is available on the city's website. He highlighted a few of the Map applications (3 Year Pavement Moratoriums; Development Information; City Parcel Map Index and Tract Maps and Improvement Plans; Bike and South Hills Trails Preserve Maps, Utilities Map, and Land Use and Zoning App), Water Distribution Dashboard and Infrastructure Data Information, explaining the data that each application provides. He noted that the GIS Hub information is available to download from the website.

He went on to discuss the StoryMaps Application, sharing an interactive StoryMaps Application of Art in Public Places from the City of Palm Dessert, which provided detailed information from their locations to information on the art and artists. While the City is currently not utilizing the application, he noted that the City is looking into applying the application. He thanked the Council for the opportunity to present.

Umang Sharma noted that the latest GIS application is ArcGIS Business Analyst, a tool that provides comprehensive demographic, consumer spending, and business data. Councilmember Spencer-Hwang stated that she has scheduled a presentation from ESRI at the upcoming City Council meeting.

3. Consent Calendar
Motion by Rhodes Rigsby, seconded Ovidiu Popescu, passing by a vote of 5-0-0-0-0, to APPROVE the Consent Calendar as submitted.

3.A. Demands Register - April 22, 2025 [Finance]- 8:47 PM Approved the Demands Registers dated April 22, 2025, with commercial demands totaling $2,232,936.83, and Payroll dated April 10, 2025, totaling $457,955.91.

3.B. Fire Department's Activity Report - March 2025 [Fire]- 8:47 PM Accepted the March 2025 Fire Department Activity Report for filing.

3.C. Notice of Completion for the Installation of a 400 HP Variable Frequency Drive (VFD) for Richardson Well No. 5 - Tess Electric [Public Works]- 8:47 PM
Accepted the report as complete and authorized the recordation of the Notice of Completion.

4. Old Business
No scheduled Items.

5. New Business
No scheduled Items.

6. Reports

6.A. Reports of Council Members- 8:47 PM
Councilmember Popescu stated that he and the Assistant City Manager Ramirez met with the City of Lancaster and with a JPA Organization where they focused on developing a hydrogen utility hub. He noted that this would be a unique opportunity for the City to join at no cost to the City; that they offer innovative ways of promoting clean energy and sustainability; and that there could be opportunity to generate money for the City. He would like to invite them to a future meeting to make a presentation on their operations.

6.B. Reports Of Officers- 8:47 PM
No reports.

7. Adjournment
The meeting adjourned at 8:47 pm.

City of Loma Linda
Regular City Council Staff Report
B. Approve Minutes of May 13, 2025 [City Clerk]
Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3B.

To
City Council
From
Lynette Arreola, City Clerk
RECOMMENDATION:

It is recommended that City Council approve the minutes of May 13, 2025, as presented.

Attachments
Regular City Council-05-13-2025-minutesDraft.pdf

REGULAR CITY COUNCIL MINUTES
25541 Barton Road, Loma Linda, CA 92354
May 13, 2025, 5:30 PM - May 13, 2025, 7:54 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilmember
Ovidiu Popescu, Councilmember
Rhonda Spencer-Hwang, Councilmember

1. Call to Order

1.A. Call to Order- 5:30 PM
The meeting was called to order at 5:30 pm and immediately recessed into closed session.

1.B. Roll Call- 5:30 PM
All Councilmembers present.

1.C. Closed Session - 5:30 pm - Council Board Room - 7:02 PM The regular meeting of the City Council reconvened at 7:02 pm. The City Attorney announced that the City Council met in closed session regarding labor negotiations. She stated that information was received and direction was provided to staff.

1.D. Invocation and Pledge of Allegiance - Councilmember Popescu- 7:02 PM The Invocation and Pledge of Allegiance were led by Councilmember Popescu.

1.E. Items to be Added or Deleted- 7:02 PM
No items were added or deleted.

1.F. Oral Reports/Public Participation - Non-Agenda Items (Each Speaker limited to 3 minutes. Pursuant to the Brown Act, no action or discussion can be taken by City Council)- 7:02 PM No oral participation upon invitation by the Mayor.

1.G. Conflict of Interest Disclosure- 7:03 PM
Mayor Dupper noted that he had a conflict of interest on Agenda Item 3D.

2. Scheduled and Related Items

2.A. ESRI Presentation on City of Loma Linda [Natalie Carter & Jinho Kang]- 7:03 PM Natalie Carter, Account Manager, and Jinho Kang, Senior Solution Engineer, from ESRI provided an overview of the tools available through ESRI’s Geographic Information System (GIS) mapping software. Ms. Carter explained that GIS technology is used to create, manage, analyze, and visualize data to support decision-making related to business development, infrastructure tracking, and future project planning. She highlighted the StoryMap application as a tool to showcase maps, projects, and initiatives, noting its potential to illustrate why Loma Linda holds a Blue Zone designation. She also provided interactive examples of its use.

Ms. Carter commended Henry Reed, Engineering Technician/GIS Analyst, for developing the City's GIS Hub website page with the various map applications. She demonstrated how the map applications can be enhanced into 3D base maps, using the City’s trails map as an example. She further explained how ESRI can provide detailed demographic data through its Business Analyst application, which includes tools such as Tapestry Segmentation to analyze population groups, Council Districts, income levels, and employment trends.

She noted examples of other cities using ESRI applications, including the StoreMap for public art in the City of Palm Desert, Yucaipa’s use of GIS in its Freeway Corridor Specific Plan for community engagement and education, and Riverside’s implementation of infographics to attract business growth and share demographic information. She concluded noting that they can assist the City in implementing any of these application for projects or business growth. She thanked the City Council for their time and continued partnership.

2.B. Public Hearing - Council Bill # O-2025-02 - (First Reading) - Amend the Municipal Code to Establish Fire Hazard Severity Zones (FHSZ) Section in Chapter 32 of Title 15 (Building and Construction) of the Loma Linda Municipal Code Pursuant to Government Code Section 51178 of the California Fire Code [Fire]- 7:21 PM Public Hearing was opened at 7:45 PM and closed at 7:45 PM Fire Marshal Tom Ingalls presented his report and PowerPoint presentation, explaining that cities are required by ordinance to adopt the Fire Hazard Severity Zone (FHSZ) map prepared by CAL FIRE. He noted that the previously adopted 2008 map identifies one level hazard zone: Very High; while, the updated map now identifies three levels:

Moderate, High, and Very High. He outlined how zone levels are determined, noting that blowing embers has now been included in their zone determinations; highlighted updates made since the last map; and explained how areas are determined to be Wildland vs Non-Wildland (Urban) Zones. He added that the FHSZ maps will be used to enforce building standards for new construction, Chapter 7A of the California Building Code. He pointed out that the new map zone boundaries changed slightly from the previous map, extending a little further into the City. He pointed out that properties that are divided by two boundary zones will default to the higher severity Zone. He created a City website page in April with FHSZ map information explaining the program and how to submit for public comment. He noted that they received one comment from the Building Industry Association of Southern California requesting to be informed should the City choose to make the FHSZ map more restrictive, which Loma Linda will not.

Mayor pro tempore Dailey inquired about the public notification process for the project. He expressed concern on behalf of constituents who have taken steps to protect their properties against wildfires but are still experiencing difficulty obtaining insurance or are facing higher premiums. In response, Fire Marshall Ingalls noted that the City met the publishing and posting notification requirements for the public hearing. He clarified that insurance companies do not base their hazard levels from the FHSZ maps; instead, they develop their own internal maps using data and analyses conducted by in-house experts to determine hazards levels. He went on to explain that the City can assist residents by developing a Community Wildfire Protection Plan, which may help homeowners qualify for discounts from some agencies. He has applied for a grant for this program. He also spoke of Firewise Community programs, which neighborhood groups, such as HOA's, establish their own Firewise Councils. These Councils will then take elements from the Community Wildfire Protection Plan to develop their own regional plan to strategize on wildfire preparedness. Both approaches demonstrate the City is being prepared and proactive to reduce wildfire risks. He concluded his presentation providing contact information and a link to the CAL FIRE website for complete information on the program. He informed City Council that they can direct residents to him to respond to questions regarding this matter.

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

Motion by Rhonda Spencer-Hwang, seconded Ovidiu Popescu, passing by a vote of 5-0-0-0-0, to INTRODUCE Council Bill No. O-2025-02 on first reading and to SET the Second Reading to June 10, 2025,

3. Consent Calendar
Mayor Dupper recused himself from the discussion and action on Agenda Item 3D, concerning the San Bernardino County Sheriff's Department Law Enforcement Service Contract Agreement No. 94-523 A-36, due to a conflict of interest.

Motion by Rhodes Rigsby, seconded Rhonda Spencer-Hwang, passing by a vote of 5-0-0-0-0, to REMOVE Agenda Item 3D from the Consent Calendar due to the conflict of Interest.

Motion by Rhodes Rigsby, seconded Ronald Dailey, passing by a vote of 5-0-0-0-0, to APPROVE the Consent Calendar as submitted not including Agenda Item 3D

3.A. Demands Register dated May 13, 2025 [Finance]- 7:47 PM Approved the Demands Registers dated May 13, 2025, with commercial demands totaling $1,332,707.06, and payroll dated April 24, 2025, totaling $410,438.86 and payroll dated May 8, 2025, totaling 421,817.90.

3.B. Treasurer's Report - April 2025 [Finance]- 7:47 PM Accepted the report for filing.

3.C. Fire Department's Activity Report - April 2025 [Fire]- 7:47 PM Approved the report for filing.

3.D. Approve Contract Agreement No. 94-523 A-36, Schedule "A" of the Law Enforcement Service Contract, with the County of San Bernardino for Fiscal Year 2025-26 [City Manager]- 7:47 PM ** Item was Removed from Consent
Motion by Ronald Dailey, seconded Ovidiu Popescu, passing by a vote of 4-0-0-1-0, Recused by Phillip Dupper to APPROVE the Contract Agreement No. 94-523 A-36, Schedule "A" of the Law Enforcement Service Contract, with the County of San Bernardino for Fiscal Year 2025-26 (Agenda Item 3D) as submitted.

3.E. Adopt Resolutions for the Landscape Maintenance District No. 1 Annual Report - Fiscal Year 2025-2026 [Public Works]- 7:47 PM
Adopted Council Bill No. R-2025-07:

RESOLUTION NO. 3245,

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, CALIFORNIA,

INITATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026;
Adopted Council Bill No. R-2025-08:

RESOLUTION NO. 3246

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, PRELIMINARILY APPROVING ENGINEER'S REPORT FOR FISCAL YEAR 2025/2026 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1;
Adopted Council Bill No. R-2025-09:

RESOLUTION NO. 3247

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025/2026 IN LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREAS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS LANDSCAPE MAINTENANCE DISTRICT NO. 1, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR THE PUBLIC HEARING.

3.F. Adopt Resolutions for the Street Light Benefit Assessment District Annual Report - Fiscal Year 2025-2026 [Public Works]- 7:47 PM
Adopted Council Bill No. R-2025-10:

RESOLUTION NO. 3248

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026; Adopted Council Bill No. R-2025-11:

RESOLUTION NO. 3249

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PRELIMINARILY APPROVING ENGINEER'S REPORT FOR FISCAL YEAR 2025/2026 FOR STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1;
Adopted Council Bill No. R-2025-12:

RESOLUTION NO. 3250

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, COUNTY OF SAN BERNARDINO, CALIFORNIA DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025/2026 IN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, AN ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE SPECIAL THAN GENERAL PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREAS WITHIN STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID DISTRICT AS STREET LIGHT BENEFIT ASSESSMENT DISTRICT NO. 1, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.

3.G. Award of Contract to AP Electrical Service, Inc. to Install Manual Transfer Switches at 3 Water Reservoirs for $31,000 [Public Works]- 7:47 PM
Awarded contract to AP Electrical Services, Inc. for $31,000 to install manual transfer switches at three water reservoir sites as recommended.

3.H. Approve the Cost Share and Continued Participation for the Regional Urban Water Management Plan [Public Works]- 7:47 PM
Approved the cost share and continued participation in the Regional Urban Water Management Plan with amendments as recommended.

3.I. Approve the Cost Share to Repair the Water Treatment Plant that was Damaged by a Lightening Storm [Public Works] - 7:47 PM
Approved the Cost Share Agreement for associated repairs of the Richardson Treatment Plant as recommended.

3.J. Declare Items as Surplus and Approve Appropriate Disposal [Public Works]- 7:47 PM Declared items identified in the report as surplus and approved appropriate disposal as recommended.

4. Old Business

4.A. Council Bill No. O-2025-01 - (Second Reading) Development Code Amendment to allow Wholesale Landscape Nursery as a conditionally permitted use within the High-Density Residential (R-3) Zone as long as the site is within the FEMA designated flood hazard area (DCA-2024-0003) [Community Development]- 7:50 PM There were no changes to the report and no new developments or concerns were raised; therefore, no presentation was made.

Motion by Ovidiu Popescu, seconded Rhonda Spencer-Hwang, passing by a vote of 5-0-0-0-0, to ADOPT Council Bill No. O-2025-01 into Ordinance, waiving the full reading and read by title only, ORDINANCE NO. 784 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA AMENDING IN PART, TITLE 17 (ZONING), CHAPTER 17.32 (RESIDENTIAL ZONES) OF THE LOMA LINDA MUNICIPAL CODE TO ALLOW “LANDSCAPE NURSERIES – WHOLESALE” IN TABLE 2-1, WITH A NOTE RESTRICTING THE USE TO FEMA-DESIGNATED FLOOD HAZARD AREAS, SUBJECT TO CHAPTER 19.12 (FLOOD CONTROL MEASURES)

5. New Business
No items scheduled.

6. Reports

6.A. Reports of Council Members- 7:51 PM
No report by Council Members.

6.B. Reports Of Officers- 7:51 PM
City Attorney Robbins proposed scheduling an onboarding workshop for the City Council and Planning Commission. The City Council agreed to hold the workshop on Tuesday, June 24, 2025, at 5:30 p.m. Should there be a Closed Session scheduled, it was noted that it could be moved to the end of the agenda.

7. Adjournment
The meeting adjourned at 7:51 pm.

City of Loma Linda
Regular City Council Staff Report
C. Approve Minutes of May 27, 2025 [City Clerk]
Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3C.

To
City Council
From
Lynette Arreola, City Clerk
RECOMMENDATION:

It is recommended that City Council approve the minutes of May 27, 2025, as presented.

Attachments
Regular City Council-05-27-2025-minutesDraft.pdf

REGULAR CITY COUNCIL MINUTES
25541 Barton Road, Loma Linda, CA 92354
May 27, 2025, 5:30 PM - May 27, 2025, 7:08 PM
Roll Call: (The following members were in attendance)
Phillip Dupper, Mayor
Ronald Dailey, Mayor pro tempore
Rhodes Rigsby, Councilmember
Ovidiu Popescu, Councilmember
Rhonda Spencer-Hwang, Councilmember

1. Call to Order

1.A. Call to Order- 5:30 PM
The meeting was called to order at 5:30 pm. and immediately recessed into closed session.

1.B. Roll Call- 7:01 PM
All Councilmembers present.

1.C. Closed Session - 5:30 pm - Council Board Room- 7:01 PM The City Council meeting reconvened at 7:01 pm.

City Attorney Robbins announced that the City Council met in closed session on the item listed on the agenda. She stated that direction was provided to staff.

1.D. Invocation and Pledge of Allegiance - Councilmember Rigsby- 7:01 PM The Invocation and Pledge of Allegiance were led by Councilmember Rigsby.

1.E. Items to be Added or Deleted- 7:02 PM
No items were added or deleted.

1.F. Oral Reports/Public Participation - Non-Agenda Items (Each Speaker limited to 3 minutes. Pursuant to the Brown Act, no action or discussion can be taken by City Council)- 7:02 PM No public participation upon invitation by the Mayor.

1.G. Conflict of Interest Disclosure- 7:03 PM
There were no disclosures of conflicts.

2. Scheduled and Related Items

2.A. Public Hearing - Council Bill No. R-2025-06 - A Resolution Establishing the Refuse Rate Collection and Disposal Fees Effective July 1, 2025, and Repealing Resolution No. 3229 [Public Works]- 7:03 PM Public Hearing was opened at 7:07 PM and closed at 7:07 PM Associate Engineer Peterson presented the report, stating that the City’s refuse collection hauler, CR&R, is requesting its annual rate adjustment for FY 2025–2026. He noted that in September 2024, the City Council approved a five-year rate adjustment schedule, allowing for a maximum annual increase of up to 4% each year. The proposed 2025–2026 rate increase is below the 4% cap for both residential and commercial services. Since the proposed adjustment falls within the approved limit, the Prop 218 mail notification was not required. He also noted that CR&R continues to work with the City to maintain compliance with SB 1383 organic recycling requirements. He concluded by stating that no letters of opposition had been received.

The Public Hearing was opened and closed with no public participation.

Motion by Rhodes Rigsby, seconded Ovidiu Popescu, passing by a vote of 5-0-0-0-0, to APPROVE and ADOPT Council Bill No. R-2025-06 - RESOLUTION NO 3251 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LOMA LINDA, CALIFORNIA, ESTABLISHING MAXIMUM REFUSE COLLECTION AND DISPOSAL RATES EFFECTIVE JULY 1, 2025, AND REPEALING RESOLUTION NO. 3229.

3. Consent Calendar
Motion by Rhodes Rigsby, seconded Rhonda Spencer-Hwang, passing by a vote of 5-0-0-0-0, to APPROVE the Consent Calendar agenda items as presented.

3.A. Demands Register dated May 13, 2025 [Finance]- 7:08 PM Approved the Demands Register dated May 27, 2025, with commercial demands totaling $1,845,889.35, and Payroll dated May 22, 2025, totaling $425,181.12.

3.B. Approval of Minutes April 8, 2025 [City Clerk]- 7:08 PM Approved the minutes of April 8, 2025, as presented.

3.C. Notice of Completion for Pavement Rehabilitation at Beaumont Ave. for $234,327 - Contractor: LCR Earthwork & Engineering Corp. (CIP 24-124)- 7:08 PM
Accepted the Pavement Rehabilitation at Beaumont Avenue as complete and authorized recordation of the Notice of Completion.

3.D. Approve a Supplemental Appropriation of $30,000 General Fund - Fund Balance for the After Hours/On Call Animal Control Services for the city through the end of FY 2024-25 [Fire]- 7:08 PM Approved the supplemental appropriation of $30,000 from General Fund Balance for the after hours/on-call animal control services for the City through the end of Fiscal Year 2024-25.

3.E. Appropriate $65,000 from General Fund Reserves for Legal Services to Cover Legal Costs Anticipated for the Remainder of the 2024-25 Fiscal Year [Administration]- 7:08 PM Approved an appropriation of $65,000 from General Fund Reserves for legal services for the remainder of Fiscal Year 2024-25.

4. Old Business
No reports.

5. New Business
No reports.

6. Reports

6.A. Reports of Council Members- 7:08 PM
No reports.

6.B. Reports Of Officers- 7:08 PM
No reports.

7. Adjournment
The meeting adjourned at 7:08 pm.

City of Loma Linda
Regular City Council Staff Report
D. Approve Demands Register dated June 10, 2025 [Finance] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3D.

To
City Council
From
Sonia Fabela, Finance Director
RECOMMENDATION:

It is recommended that the City Council approve the attached list of Demands for payment.

Attachments
CC DR 06-10-25.pdf

City of Loma Linda
Regular City Council Staff Report
E. Fire Department's Activity Report - May 2025 [Fire]
Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3E.

To
City Council
From
Nataly Alvizar, Executive Aide
Via
Dan Harker, Fire Chief
RECOMMENDATION:

It is recommended that the City Council receive the report for filing.

Attachments
May 2025 Fire Activity Report.pdf
1 of 1
SUBJECT: May 2025 Fire Department Activity Report
Operations Division:

The Fire Department’s Operations Division responded to 477 incidents in May 2025. There were 44 calls/incidents given or received in Mutual/Automatic Aid. The alarm types are broken down as follows:

Fire & Rescue Month YTD
Medical Aid (MA) 357 74.8% 932 67.30%
Traffic Collision (TC) 7 1.5% 30 2.20%
MA + TC 364 76.3% 962 69.50%
Hazardous Conditions 1 2.40% 6 0.70%
Hazardous Material 0 0.40% 4 0.40%
Public Assistance 15 6.90% 99 5.50%
Rescue 0 0.90% 6 0.60%
Structure Fire 10 2.10% 21 1.00%
Cooking 1 0.00% 9 0.10%
Vegetation Fire 0 0.40% 7 0.70%
Vehicle Fire 0 0.00% 5 0.10%
Refuse Fire 5 1.10% 32 1.40%
All Fires 16 3.60% 74 3.30%
Good Intent/Dispatched
& Cancelled Enroute 16 3.4% 166 10.3%
Fire Alarm Activation* 21 4.4% 118 7.3%
*Note: Includes accidental activation, burnt food, system malfunction, malicious, etc.

City of Loma Linda
Regular City Council Staff Report
Council Bill #R-2025-20 - A Resolution Adopting the Road Repair and Accountability Act of 2017 (SB 1) Project List for Fiscal Year 2025/2026 and Repealing Resolution No. 3213 [Public Works] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3F.

To
City Council
From
T Jarb Thaipejr, City Manager
Attachments
Resolution - SB-1-Project-List-2025.pdf
Project-list 2025-26.pdf
RECOMMENDATION:

It is recommended that City Council adopt Council Bill #R-2025-20, including revenue of $655,001.00 in the FY 25-26 budget for SB1, Capital Improvement Projects, to include Court Street from Anderson Street to Ohio Street, Cole Street from Benton Street to the easterly end, Benton Street from Barton Road to Cole Street, Barton Road from Mountain View Avenue to California Street, Anderson Street from the Railroad Bridge to Court Street, New Jersey Street from Baton Road to Orange Avenue, Orange Avenue from New Jersey Street to 500 feet easterly, Lauren Avenue, Robin Court, Caldy Avenue, Maple Avenue, Cornell Street, George Street from Whittier Avenue to Laurel Avenue, Poppy Court, Tanager Court, Hummingbird Court, Amherst Court, Columbia Court, Hollis Court, Wellesley Avenue, Veronica Court, Francisco Lane, Sandra Court, Esperanza Street, Margarita Lane, Manuel Avenue, and Antonio Circle for pavement rehabilitation and repeal Resolution No. 3213.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 to address basic road maintenance, rehabilitation, and critical safety needs on State and Local road systems. This effort will be funded by increases in fuel taxes and vehicle registration fees.

The first step to access these funds is to provide the State with an approved project list including annual Capital Improvement budgeting. Shortly, the City Council will be presented with a Council Bill for the Capital Improvement Projects, which includes budget, specific site locations, and schedule showing project initiation in July 2025 with completion by November 2025.

ANALYSIS:

Staff has prepared the attached SB1 project list based on our current pavement management program needs. Funding is expected to be approximately $655,001.00, and the City is required to sustain a maintenance effort similar to that required by the regional transportation funding program.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

Revenue and expenditures in the amount of $655,001.00 will be incorporated into the Fiscal Year 2025–2026 Budget under Account No. 1070000-49357 (Revenue) and Account No. 1077300-58500 (Expenditures), respectively.

SB1-25-26 Map.pdf
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMA LINDA, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025- 26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND REPEALING RESOLUTION NO. 3213
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $655,001.00 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, the City used their on-going pavement evaluation system to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, this is the eighth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 27 streets this year and many more similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “Fair” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “Good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

Resolution No. XXXX

Page 2 ends

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City Loma Linda, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The attached list of newly proposed projects planned to be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues.

3. Repeal resolution no. 3213
PASSED, APPROVED AND ADOPTED by the City Council of the City of Loma Linda, State of California on this _10th__ day of _June__, 2025, by the attached certified vote.

Phillip Dupper, Mayor
Attest:
____________________________________
Lynette Arreola, City Clerk
Resolution No. XXXX

Page 3 ends

Certified Vote
I, Lynette Arreola, City Clerk of the City of Loma Linda, State of California, do hereby certify that the foregoing Resolution No. XXX was duly adopted by the City Council at a meeting thereof held on the 10
th day of June 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 10
th day of June 2025.

Lynette Arreola, City Clerk
City of Loma Linda
Title Description Location Life Min Life Max Account No.

Citywide Repave/resurface 6.2 miles of roadway
Begin project July 2025, complete by Nov. 2025 Court Street from Anderson Street to Ohio Street 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Cole Street from Benton Street to the easterly end 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Benton Street from Barton Road to Cole Street 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Barton Road from Mountain View Avenue to California Street 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Anderson Street from the Railroad Bridge to Court Street 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 New Jersey Street from Baton Road to Orange Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Orange Avenue from New Jersey Street to 500 feet easterly 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Lauren Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Robin Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Caldy Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Maple Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Cornell Street 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 George Street from Whittier Avenue to Laurel Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Poppy Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Tanager Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Hummingbird Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Amherst Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Columbia Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Hollis Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Wellesley Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Veronica Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Francisco Lane 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Sandra Court 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Esperanza Street 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Margarita Lane 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Manuel Avenue 7 15 1077300-58500 Begin project July 2025, complete by Nov. 2025 Antonio Circle 7 15 1077300-58500 COOLEY DR.
1 0 F R W Y
STEWART ST.

LAWTON AVE.

ACADEMY ST.
1 0 F R W Y
POPLAR ST.

ANDERSON ST.

STEWART ST.

STARR ST.

BARTON RD.

DAISY AVE.

VAN LEUVEN ST.

LAWTON AVE.

MISSION RD
BEAUMONT AVE.

MISSION RD
TIPPECANOE AVE.

NEW JERSEY ST

CALIFORNIA ST

B A R T O N R D
1 0 F R W Y
LOMA LINDA DR.

LAWTON AVE
LOMA
LINDA
PLAZA
ORANGE GROVE ST.

BARTON RD. BENTON ST.

BEAUMONT AVE.

UNIVERSITY AVE.

CAMPUS ST.

POPLAR ST.

COLOMA ST. S. RICHARDSON ST.

OHIO ST.

BENTON ST.

SAN MATEO DR.

LAWTON AVE
BRYN MAWR AVE.

WHITTIER AVE
LAWTON AVE.

NEWPORT AVE
MT. VIEW AVE
ANDERSON ST.

RICHARDSON ST.

MOUND ST.

SHEPARDSON DR.

PROSPECT AVE.

HURON ST.

U.P.R.R.

SAN TIMOTEO CREEK

SAN TIMOTEO CREEK
U.P.R.R.

U.P.R.R.

SAN TIMOTEO CREEK

GAGE CANAL
REDLANDS BLVD. REDLANDS BLVD.

LOMA LINDA UNIVERSITY MEDICAL CENTER
FIRE

STATION

CIVIC CENTER

LIBRARY

LOMA LINDA UNIVERSITY MEDICAL EAST CAMPUS
YARDLEY PL.

ROSARITA DR.

PETTIS MEMORIAL VETERANS MEDICAL CENTER

VAN LEUVEN ST

BRYN MAWR

ELEMENTARY
SCHOOL

MISSION
SCHOOL

LOMA LINDA ACADEMY HIGH SCHOOL

LOMA LINDA ACADEMY

ELEMENTARY SCHOOL

MISSION ZANJA CREEK
MT. VIEW AVE.

B A R T O N R D
PROSPECT AVE.

MISSION RD.

REDLANDS BLVD.

B A R T O N R D

SAN JUAN ST
SAN LUCAS DR.

BRYN MAWR AVE.

PARK AVE.

CITRUS AVE.

SB1
2025 / 2026
(1)
(2)
(3)
(4)
(5)
(6)
(8) (7)
(9)
(10)
(12)
(13)
(14)
(11)
(17)
(16)
(18) (20)
(19)
(15)

FISCAL YEAR OF CIP STREET IMPROVEMENTS

FISCAL YEAR
2025 - 2026
(24)
(1) CALDY AVE
(2) ROBIN CT
(3) MAPLE AVE
(4) CORNELL ST
(5) LAUREL AVE
(6) GEORGE ST
(7) MANUEL AVE
(8) ANTONIO CIR
(9) MARGARITA LN
(10) ESPERANZA ST
(11) SANDRA CT
(12) FRANCISCO LN
(13) VERONICA CT
(14) POPPY CT
(15) TANAGER CT
(16) WELLESLEY AVE
(17) HUMMINGBIRD CT
(18) CARDINAL CT
(19) AMHERST CT
(20) COLUMBIA CT
(21) HOLLIS CT
(21)

COURT ST

COLE ST
City of Loma Linda
Regular City Council Staff Report
G. Council Bill #R-2025-21 - A Resolution Adopting a Five-Year Capital Project Needs Analysis (CPNA) for Fiscal Years 2026/2027 through 2030/2031 [Public Works]
Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Consent Calendar Item: 3G.

To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
RECOMMENDATION:

It is recommended that the City Council adopt Council Bill #R-2025-21, approving the five-year Capital Project Needs Analysis (CPNA) as required by the Measure I Strategic Plan.

BACKGROUND:

San Bernardino County Transportation Authority (SBCTA) administers Measure I funding for the State. In order to maintain current project status each agency must submit certain periodic documents. Among those is the CPNA.

This information in needed to support decisions made by SBCTA concerning project funding. SBCTA focuses their efforts on projects of regional significance. The Strategic Plan provides a set of policies to govern the use of Measure I funds.

ANALYSIS:

SBCTA requires each agency to submit two (2) specific documents under the Measure I Strategic Plan. The documents are: 1) CPNA for FY 2026/2027 through 2030/2031; and 2) Signed copy of Resolution adopting CPNA.

City Council may change the Measure I Plan at any time to re-prioritize projects; however, matching funds must be identified and committed.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

There is no fiscal impact as projects are not required to be constructed. This projection allows for funding opportunities. Any future required matching funds must be earmarked.

Attachments
Resolution - 2027-2031 CPNA.pdf
2027-2031 CPNA Californi St Widening.pdf
2027-2031 CPNA Mound-Anderson Intersection Imp.pdf
2027-2031 CPNA Barton-Benton Traffic Signal Mod.pdf
RESOLUTION NO.

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

STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR

CAPITAL PROJECT NEEDS ANALYSIS (CPNA) FOR FISCAL YEARS
2026/2027 THROUGH 2030/2031
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis; and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Loma Linda hereby adopts the Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2026/2027 through 2030/2031, a copy of which is attached to this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Loma Linda on this _10th day of _June , 2025 by the attached certified vote.

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Resolution No. XXXX

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF I have hereto set my hand or affixed the Seal of the City of Loma Linda this 10
th day of June 2025.

Lynette Arreola, City Clerk
City of Loma Linda
Nexus Project Cost $ 4,100,000
Dev. Loan? No
5-Year Advance? No
Public Share: 61.2%
Dev. Share: 38.80%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $1,147,718.00
Fund Type: MSI Arterial $ - $ - $ 702,403.42 $ - $ - $ - $ - DEV FEE $ - $ - $ 445,314.58 $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $3,375,450.05
Fund Type: MSI Arterial $ 501,840.00 $ - $ - $ 1,563,935.43 $ - $ - DEV FEE $ 318,160.00 $ - $ - $ 991,514.62 $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Capital Project Needs Analysis
City of Loma Linda
Valley Arterial Sub-Program
Widen California Street to six (6)
lanes from Barton Road to
Redlands Boulevard
Current Total Project Cost
Estimate:
$0.00
Total Measure I Request:
$2,768,178.85
(Summation of Measure I)
Comments:
2027-2031 CPNA Template - Proj 1
Nexus Project Cost $ 1,000,000
Dev. Loan? No
5-Year Advance? No
Public Share: 61.2%
Dev. Share: 38.80%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $540,800.00
Fund Type: MSI Arterial $ - $ 330,969.60 $ - $ - $ - $ - $ - DEV FEE $ - $ 209,830.40 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $1,027,500.00
Fund Type: MSI Arterial $ - $ 628,830.00 $ - $ - $ - $ - DEV FEE $ - $ 398,670.00 $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$959,799.60
(Summation of Measure I)
$0.00
Capital Project Needs Analysis
City of Loma Linda
Valley Arterial Sub-Program
Intersection improvements at
Mound Street and Anderson
Street
Current Total Project Cost
Estimate:
2027-2031 CPNA Template - Proj 2
Nexus Project Cost $ 235,632
Dev. Loan? No
5-Year Advance? No
Public Share: 61.2%
Dev. Share: 38.80%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $242,111.88
Fund Type: MSI Arterial $ - $ 148,172.47 $ - $ - $ - $ - DEV FEE $ - $ 93,939.41 $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$0.00
Capital Project Needs Analysis
City of Loma Linda
Valley Arterial Sub-Program
Install traffic signal modification
at Barton Road and Benton Street
Current Total Project Cost
Estimate:

Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$148,172.47
(Summation of Measure I)
2027-2031 CPNA Template - Proj 3
City of Loma Linda
Regular City Council Staff Report
A. Council Bill #O-2025-02 - (Second Reading) - An Ordinance Amending the Municipal Code to Establish Fire Hazard Severity Zones (FHSZ) Section in Chapter 32 of Title 15 (Building and Construction) of the Loma Linda Municipal Code Pursuant to Government Code Section 51178 of the California Fire Code [Fire] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Old Business Item: 4A.

To
City Council
From
Tom Ingalls, Fire Marshal
Via
Dan Harker, Fire Chief
RECOMMENDATION:

It is recommended that City Council Adopt Council Bill #O-2025-02 on second reading, waive the reading of the ordinance in its entirety and direct to read by title only.

BACKGROUND:

The California Department of Forestry and Fire Protection (CAL FIRE) periodically updates fire hazard severity zone maps for Local Responsibility Areas (LRAs) throughout the state. These maps identify varying levels of fire hazard (Moderate, High, and Very High) based on factors including vegetation, topography, weather, crown fire potential, and ember production and movement. State law requires local jurisdictions to formally adopt these maps by ordinance to ensure proper implementation of associated building standards and fire safety requirements in identified hazard zones. CAL FIRE completed its latest assessment of fire hazards in our jurisdiction and has provided updated LRA maps that reflect current conditions and risk factors.

The updated maps incorporate the latest scientific methodologies and data, including vegetation mapping, fire history, weather patterns, and terrain analysis. These improvements enhance our ability to identify at-risk areas and implement appropriate mitigation measures.

On May 13, 2025, the City Council held a public hearing, introduced on first reading Council Bill #O-2025-02, an ordinance to adopt the updated California Department of Forestry and Fire Protection (CAL FIRE) Local Responsibility Area (LRA) Fire Hazard Severity Zone maps for Loma Linda and set the second reading to June 10, 2025 for adoption of the Ordinance.

ANALYSIS:

Adopting the maps ensures compliance with state law and supports the City’s wildfire prevention and safety efforts.

Since the May 13, 2025, public hearing, no public comments have been received. There have been no new developments or concerns. The staff report remains unchanged, and no updates to the presentation are necessary.

ENVIRONMENTAL IMPACT:

It is determined that the adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15061(b)(3), 15303, and 15308 on the grounds that it can be seen with certainty that the Ordinance will not have a significant effect on the environment. To the extent this is a project under CEQA, it is categorically exempt pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land), 15305 (Minor Alterations in Land Use Limitations), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and 15308 (Actions by Regulatory Agencies for Protection of the Environment).

FINANCIAL IMPACT:

N/A
Attachments
Attachment A - Loma Linda Fire Harzard Zone Ordinance-final.pdf Attachment B - FHSZ_Loma Linda_03-25-25_Map.pdf
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMA

LINDA, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO

ESTABLISH THE FIRE HAZARD SEVERITY ZONES SECTION IN
CHAPTER 32 OF TITLE 15 (BUILDING AND CONSTRUCTION) OF

THE LOMA LINDA MUNICIPAL CODE
`WHEREAS, The Legislature has declared in Government Code Section 51175(a):
“Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety.

The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventative measures are needed to ensure the preservation of the public peace, health and safety.” WHEREAS, Pursuant to Government Code Section 51179(a), the City is required to designate, by ordinance, Moderate, High, and Very High Fire Hazard Severity Zones (“FHSZ”s”) in its jurisdiction, within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

WHEREAS, In March 2025, the State Fire Marshal updated and established Moderate, High, and Very High FHSZs for the County of San Bernardino, California, including the City of Loma Linda, and published a map showing those zones (“Loma Linda Fire Hazard Severity Zones Map”) attached hereto as Exhibit A.

WHEREAS, The Loma Linda Fire Department has reviewed the Loma Linda Fire Hazard Severity Zones Map and believes it accurately represents the Moderate, High, and Very High FHSZs in the City.

WHEREAS, Certain parcels have more than one FHSZ designation; WHEREAS, A parcel with more than one FHSZ designation presents challenges for efficient and comprehensive implementation of effective fire protection in the City; WHEREAS, In order to conduct effective fire protection within the City, it is necessary to administer parcels with more than one FHSZ as the highest FHSZ on that parcel; WHEREAS, Any modifications made to the FHSZ’s determined by the State Fire Marshal are being made in accordance with the California Government Code, ensuring that FHSZs were not downgraded;
WHEREAS, On or about March 24, 2025, information concerning the State Fire Marshal’s recommendation for the designation of fire severity zones was made available for public review.

Attachment A
Council Bill No. O-2025-02

Page 1 ends

WHEREAS, All legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Findings. The facts set forth in the Recitals, Part A, of this Ordinance, are true and correct.

SECTION 2. Adoption of Fire Severity Zone Map. Pursuant to Government Code Section 51179(a), the City Council hereby adopts the fire hazard severity zones as recommended by the State Fire Marshal, adopts such map entitled “City of Loma Linda Fire Hazard Severity Zones” map attached hereto as Exhibit A , and finds that in order to effectively administer fire protection within the area it is necessary that when a parcel has more than one FHSZ on a single parcel the highest FHSZ on that property shall be administered for the entire parcel. The City of Loma Linda Fire Hazard Severity Zones map shall be on file in the Office of the City Clerk and shall be available upon request.

SECTION 3. Municipal Code Amendment. The City Council hereby amends Chapter

15.32 of Title 15 of the Loma Linda Municipal Code by adding Section 15.32.050 to read as follows:

15.32.050 Fire Hazard Severity Zones
A. Designation. The fire hazard severity zones as recommended by the State Fire Marshal, pursuant to Government Code Section 51179(a), are adopted by the City Council as depicted in Exhibit A in the map entitled “City of Loma Linda Fire Hazard Severity Zones.” B. Multiple Designation. In the event that a single parcel has more than one fire hazard severity zone associated with such parcel on the City of Loma Linda Fire Hazard Severity Zones map, the more strict designation shall apply to the entire parcel. In order to effectively administer fire protection within the area it is necessary what when a parcel has more than one FHSZ, the highest FHSZ on that property shall be administered and enforced for the entire parcel.

C. Designation may not be decreased. Pursuant to Government Code Section 51179(b)(3), no fire hazard severity zone identified by the State Fire Marshal for an area within the City may be decreased to a lesser fire hazard severity zone.

D. Previous designations superseded. Any and all provisions in any previously adopted City ordinances designating Fire Severity Zones within the City of Loma Linda’s jurisdiction, are superseded by the provisions of this Ordinance.

E. Enforcement. The City Manager or his or her designee shall enforce and shall have the authority to enforce the provisions of the Government Code and all other codes and regulations affected by designation of fire hazard severity zones.

Attachment A
Council Bill No. O-2025-02

Page 2 ends

SECTION 4. CEQA. City staff have evaluated the proposed Ordinance and determined that it is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15061(b)(3), 15303, and 15308 on the grounds that it can be seen with certainty that the Ordinance will not have a significant effect on the environment. To the extent this is a project under CEQA, it is categorically exempt pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land), 15305 (Minor Alterations in Land Use Limitations), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and 15308 (Actions by Regulatory Agencies for Protection of the Environment).

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions thereof might be declare invalid or unconstitutional.

SECTION 6. Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted within fifteen (15) days from its passage pursuant to Government Code Section 36933.

SECTION 7. Effective Date. This Ordinance shall be in full force and effective a minimum of thirty (30) days after passage.

The Ordinance was introduced on first reading at a regular meeting of the City Council held on 13th of May, 2025, and was adopted at the second reading of the City Council held on the 10th day of June, 2025 by the attached certified vote:
__________________________________
Phillip Dupper, Mayor
Attest:
__________________________
Lynette Arreola, City Clerk
Attachment A
Council Bill No. O-2025-02

Page 3 ends

CERTIFICATION
I, Lynette Arreola, City Clerk of the City of Loma Linda, State of California, do hereby certify that the foregoing Ordinance No. XXXX was duly adopted by the City Council at a meeting thereof held on the 10th day of June 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 10th day of June 2025.

Lynette Arreola, City Clerk
City of Loma Linda
Attachment A
Council Bill No. O-2025-02

Page 4 ends

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:28,000 at 11" x 17"
Km 0 1 2
Mi 0 1
Very High High
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Loma Linda
10 Redlands Blvd

UNINCORPORATED
RIVERSIDE CO.

UNINCORPORATED SAN
BERNARDINO CO.

COLTON

REDLANDS

REDLANDS
SAN

BERNARDINO
R I V E R S I D E C O .

S A N B E R N A R D I N O C O .

March 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF LOMA LINDA – SAN BERNARDINO COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
City of Loma Linda
Regular City Council Staff Report
B. Tobacco Retail License Ordinance - Informational Report Update [Assistant City Manager] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
Old Business Item: 4B.

To
City Council
From
Andy Ramirez, Assistant City Manager
RECOMMENDATION:

Informational report and update presentation on the Tobacco Retail License Ordinance. Staff is requesting direction from the City Council.

Attachments
City of Adelanto - TRL Ordinance.pdf
City of Colton - TRL Ordinance.pdf
City of Hesperia TRL Ordinance.pdf
Chapter 5.80
TOBACCO RETAILER’S LICENSE
Sections:

5.80.010 Purpose

5.80.020 Definitions

5.80.030 Tobacco Retailer’s License Required

5.80.040 Limits on Eligibility for a Tobacco Retailer License

5.80.050 Application Procedure

5.80.060 Issuance of License

5.80.070 License Renewal and Expiration

5.80.080 Licenses Nontransferable

5.80.090 License Conveys a Limited, Conditional Privilege

5.80.100 Fee for License

5.80.110 Compliance Monitoring

5.80.120 Suspension or Revocation of License for Violation

5.80.130 Tobacco Retailing Without a Valid License

5.80.140 Sale of Flavored Tobacco Products Prohibited

5.80.150 Violations

5.80.010 Purpose.

The purpose of this chapter is to encourage responsible tobacco retailing and discourage violations of tobacco related laws that prohibit the sale or distribution of tobacco products, including all smoking materials as defined in Section 5.80.020, to minors. This chapter is not intended to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore. [Ord. No. 606, 12/11/19.]

5.80.020 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm's Length Transaction.

B. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.

C. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

D. "Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

E. "Consumer" means a person who purchases a tobacco product for consumption and not for sale to another.

F. "Department" means Planning Division and any agency or person designated by the Department to enforce or administer the provisions of this chapter.

G. "Flavored Tobacco Product" means any tobacco product, as defined in this chapter, that imparts a characterizing flavor.

H. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, City of Adelanto
receiver, trustee, assignee, or any other legal entity.

I. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

J. "Sale" or "Sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

K. "Tobacco Paraphernalia" means any item designed or marketed for the consumption, use, or preparation of tobacco products.

L. "Tobacco Product" means:

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

2. Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

3. Notwithstanding any provision of subsections (1) and (2) to the contrary, "Tobacco Product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco Product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

M. "Tobacco Retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia.

N. "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. [Ord. No. 606, 12/11/19.]

5.80.030 Tobacco Retailer's License Required.

A. It shall be unlawful for any person to act as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which tobacco retailing is to occur.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

C. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
[Ord. No. 606, 12/11/19.]

5.80.040 Limits on Eligibility for a Tobacco Retailer License.

Mobile Vending. No license may be issued to authorize tobacco retailing at other than a fixed location, including, but not limited to, tobacco retailing by persons on foot or from vehicles. [Ord. No. 606, 12/11/19.]

5.80.050 Application Procedure.

A. Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof.

B. It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.80.120(C) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the single fixed location for which a license is sought.

3. A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.

4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state license for the sale of tobacco products, if the tobacco retailer sells products that require such license.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five (5) years.

D. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

E. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer's license within ten (10) business days of a change.

F. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law. [Ord. No. 606, 12/11/19.]

5.80.060 Issuance of License.

A. Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter;

2. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued; and/or

3. The application seeks authorization for tobacco retailing that is prohibited pursuant to this Code including without limitation the Adelanto Zoning Ordinance, Title 14 Building and Construction, and Title 5 Business Licenses and Regulations, or that is unlawful pursuant to any other state, and federal law.

B. Beginning from the effective date of this chapter, all proprietor proposing to conduct retail tobacco sales have until June 30, 2020 to obtain a tobacco retailer's license.
[Ord. No. 606, 12/11/19.]

5.80.070 License Renewal and Expiration.

A. Renewal of License. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one (1) year. Each tobacco retailer shall apply for the renewal of their tobacco retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term.

B. Expiration of License. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph A., the proprietor must:

1. Submit the license fee and application renewal form; and

2. Submit a signed affidavit affirming that the proprietor:
a. Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or
b. Has waited the period of time required by Section5.80.130 of this chapter for tobacco retailing without a valid license before seeking renewal of the license.
[Ord. No. 606, 12/11/19.]

5.80.080 Licenses Nontransferable.

A. A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s).

B. Any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The location has been transferred to new proprietor(s) in an arm's length transaction; and

2. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction. [Ord. No. 606, 12/11/19.]

5.80.090 License Conveys a Limited, Conditional Privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the permit. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to:

A. Any provision of this Code including without limitation the Adelanto Zoning Ordinance, Title 14 Building and Construction, and Title 5 Business Licenses and Regulations; and/or B. Any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. Obtaining a tobacco retailer's license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code Section 6404.5.
[Ord. No. 606, 12/11/19.]

5.80.100 Fee for License.

The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
[Ord. No. 606, 12/11/19.]

5.80.110 Compliance Monitoring.

A. Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The City may designate additional persons to monitor compliance with this chapter.

B. The City Council of the City of Adelanto does not intend and nothing in this chapter shall be interpreted to penalize the purchase, use, possession, or attempted purchase, use, or possession of tobacco products or tobacco paraphernalia by persons under twenty-one (21) years of age; provided, however, that persons under twenty-one (21) years of age remain subject to generally applicable laws regulating such conduct without respect to the person's age. [Ord. No. 606, 12/11/19.]

5.80.120 Suspension or Revocation of License for Violation.

A. Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section

5.80.030 above.

1. Upon a finding by the Department of a first violation of this chapter at a location within any five-year (5) period, the license shall be suspended for thirty (30) days.

2. Upon a finding by the Department of a second violation of this chapter at a location within any five-year (5) period, the license shall be suspended for ninety (90) days.

3. Upon a finding by the Department of a third violation of this chapter at a location within any five-year (5) period, the license shall be suspended for one (1) year.

4. Upon a finding by the Department of four or more violations of this chapter at a location within any five-year (5) period, the license shall be revoked.

B. Appeal of Suspension or Revocation. A decision of the Department to suspend or revoke a license is appealable to the City Manager and any appeal must be filed in writing with City Manager's office within ten (10) days of mailing of the Department's decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection (c) below.

C. Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.80.060 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application.
[Ord. No. 606, 12/11/19.]

5.80.130 Tobacco Retailing without a Valid License.

In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's license after a violation of this section at a location where the violation occurred within any five-year (5) period. Unless ownership of the business at the location has been transferred in an arm's length transaction, no new license shall be issued for the person or the location, until thirty (30) days have passed from the date of the violation.
[Ord. No. 606, 12/11/19.]

5.80.140 Sale of Flavored Tobacco Products Prohibited.

It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product. [Ord. No. 606, 12/11/19.]

5.80.150 Violations.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of twenty-one (21) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Violations of this chapter are subject to a civil action brought by the City Attorney, punishable by a civil fine as set forth in Section 1.20.010 of this Code.

D. Violations of this chapter shall be prosecuted as set forth in Section1.20.010 of this Code.

E. Violations of this chapter are hereby declared to be public nuisances.

F. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

G. For the purposes of the civil remedies provided in this chapter:

1. Each day on which a tobacco product or tobacco paraphernalia is offered for Sale in violation of this chapter shall constitute a separate violation of this chapter; and

2. Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of chapter shall constitute a separate violation of this chapter. [Ord. No. 606, 12/11/19.]
Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.55 TOBACCO RETAILER LICENSE REQUIRED
Colton, California, Code of Ordinances Created: 2025-05-06 09:54:07 [EST] (Supp. No. 38)

Page 1 of 11 ends

Chapter 5.55 TOBACCO RETAILER LICENSE REQUIRED

5.55.010 Purpose and Intent.

The purpose and intent of this chapter is to ensure compliance with the business standards and practices of the City, to encourage responsible tobacco retailing, and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.020 Definitions.

For the purposes of this chapter, the definitions contained in this section shall govern the meanings of the following terms, words, phrases, and their derivations:
"Applicant" means an applicant for a Tobacco Retailer License. "Application" means the application submitted under Section 5.55.040 for a Tobacco Retailer License. "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction. "Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco weighing more than three pounds per thousand. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its Packaging and Labeling, is likely to be offered to, or purchased by, Consumers as a Cigarette described herein.
"City" means the City of Colton, California.
"City Council" means the City Council of the City of Colton. "City Manager" means the City Manager of the City of Colton. "Consumer" means a Person who purchases a Tobacco Product for consumption and not for Sale to another. "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue; whether in paper, digital, or other form; used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
"Department" means Development Services and any agency or Person designated by the Department to enforce or administer the provisions of this Chapter.

CITY OF COLTON
Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 2 of 11 ends

"Drug Paraphernalia" has the meaning set forth in California Health and Safety Code section 11014.5, as that section may be amended from time to time.
"Full Retail Price" means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. "Little Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. "Little Cigar" includes, but is not limited to, Tobacco Products known or labeled as small cigar, little cigar, or cigarillo. "Manufacturer" means any Person, including any re-packer or re-labeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States.
"Package" or "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for Sale to a Consumer. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Police Department" means the Colton Police Department. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. "Sale" or "Sell" means any transfer, exchange, barter, gift, and offer for sale or distribution for a commercial purpose, in any manner or by any means whatsoever.
"Self-Service Display" means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
"Tobacco Product" means:

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

2. Any electronic device that delivers nicotine or other substances to the Person inhaling the device, including but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah, or vaping device.

3. Notwithstanding any provision of subsection (1) and (2) to the contrary, "Tobacco Product" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. "Tobacco Product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 3 of 11 ends

"Tobacco Retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.030 Tobacco Retailer License and Business License—Required.

It shall be unlawful for any person to act as a Tobacco Retailer in the City without first obtaining and maintaining a valid Tobacco Retailer License and Business License pursuant to this chapter for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer License and Business License is a nuisance as a matter of law.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.040 License—Application.

Application for a Tobacco Retailer's License shall be submitted to the Department in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof.

It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's License. No Proprietor may rely on the issuance of a license as a determination by the City that the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 5.55.160 of this Chapter. Nothing in this Chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. Name, address, e-mail and telephone number of each Proprietor of the business seeking the license;

2. The business name, address, and telephone number of the single fixed location for which a license is sought;

3. A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this Chapter. If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.;

4. Proof that the location for which a Tobacco Retailer's License is sought has been granted a valid state Tobacco Retailer's License by the California Board of Equalization, if the Tobacco Retailer sells products that require such license;

5. Whether or not the applicant has previously been determined to have violated this chapter, and, if so, the dates and locations of all such violations within the past six years;

6. A statement signed by each Proprietor that no Drug Paraphernalia is or will be sold at the location for which the license is sought; and

7. Such other information as the Department deems necessary for the administration or enforcement of this ordinance.

Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 4 of 11 ends

8. Every Tobacco Retailer License holder shall report in writing to the Department any and all changes to any of the above listed information provided to the City within ten calendar days of said change(s). (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.050 License Issuance.

A. No license may be issued to authorize Tobacco Retailing at other than a fixed location.

B. Upon receipt of an Application for a Tobacco Retailer's License and the accompanying license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one of the following conditions is present:

1. The application is incomplete or contains false or inaccurate information. Intentionally supplying inaccurate or false information shall be a violation of this chapter.

2. The application seeks authorization for Tobacco Retailing for an applicant, to whom this chapter prohibits a license to be issued.

3. The application seeks authorization for Tobacco Retailing at a location, for which this chapter prohibits a license to be issued.

4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code, or that is unlawful pursuant to any other law.

C. The Department shall promptly provide notice to the applicant following the Department's determination that the application has been approved or denied. Notice shall be given by personal service or certified, registered, or first-class mail of the letter to the address shown on the application. The written notice shall state that the applicant may appeal a determination of denial to the Police Department and shall state the process, by which such appeal may be made. Service shall be deemed complete when personal service is made or when the notice letter is delivered by certified, registered, or first-class mail.

D. A Tobacco Retailer's License shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under this Section existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such revocation shall be without prejudice to the filing of a new license application.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.060 License—Limits on Eligibility for a Tobacco Retailer License Schools and Youth-Populated Areas. Tobacco Retailing is prohibited near schools and areas with youth populations as follows:

1. No license may issue, and no existing license may be renewed, to authorize Tobacco Retailing within one thousand feet of a Youth-Populated Area as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Populated Area is located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purpose of this subsection and subsection (2), a "Youth-Populated Area" means a parcel in the City that is occupied by:
i. A private or public kindergarten, elementary, middle, junior high, or high school; ii. A library open to the public;
iii. A playground open to the public;
Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 5 of 11 ends

iv. A youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
v. A recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. "Recreation facility" includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;
vi. An arcade open to the public;
vii. A park open to the public or to all the residents of a private community; viii. A licensed child-care facility or preschool as defined in California Health and Safety Code § 1596.78.

2. A Tobacco Retailer operating lawfully on the date this ordinance is adopted, which does not conform to the provisions of this Section, is hereby defined as a "legal non-conforming use" and is subject to the provision of Zoning Code Section 18.46.030—Nonconforming Uses of Land. (Ord. No. O-13-19, § 2, 11-19-2019; Ord. No. O-07-20, § 2, 8-4-2020)

5.55.070 License—Appeal of Application Denial.

In the event that an applicant receives notice that his or her application has been denied, the applicant may appeal the decision to deny the application to the City Manager or assigned designee. The appeal must be filed with the City Clerk within ten (10) calendar days from the date, on which notice is deemed complete. The appeal must be accompanied by appropriate Fee as determined by a Resolution of the City Council to reimburse the City for the cost to process the Appeal and must include the following information:

1. Name, telephone number, email address, and address of appellant;

2. Date, on which the original application was filed with the Department;

3. A copy of the original application and any accompanying materials;

4. Grounds for appealing the Department's determination; and

5. Such other information as is requested by the City Manager.

Upon receipt of a timely appeal, the City Manager or assigned designee shall schedule and conduct a hearing in the same manner and by the same standards provided for in Section 5.55.180 of this chapter. The City Manager's decision or assigned designee shall be final. (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.080 License—Limited, Conditional Privilege Conveyed.

Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's License any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the license. Nothing in the Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to any provision of this code.
(Ord. No. O-13-19, § 2, 11-19-2019)
Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 6 of 11 ends

5.55.090 License—Nontransferable.

A Tobacco Retailer's License is nontransferable. A new Tobacco Retailer's License is required whenever a Tobacco Retailing location has a change in Proprietor(s). (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.100 License—Fees.

A Tobacco Retailer's License is invalid if the appropriate fee has not been timely paid in full. The fee to issue or to renew a Tobacco Retailer's License shall be established by resolution of the City Council. The fee shall be calculated as to recover the total cost of both license administration and license enforcement. Fees are nonrefundable except as may be required by law.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.110 License—Term.

A Tobacco Retailer License is invalid if the term of the license has expired and the license has not been timely renewed. A Tobacco Retailer License shall be valid for one year from issuance or as extended pursuant to this chapter. The license shall be issued on a calendar year basis. That is, the license shall issue on the first day of January following approval of the Tobacco Retailer License application and will remain valid through December 31st of that year.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.120 License—Renewal.

Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's License thirty calendar days prior to the expiration of the license term. Renewals shall be processed and investigated in the same manner and by the same standards used to process and investigate the initial license application. Additionally, the applicant is required to submit all information, which has changed from the last application or renewal to the Department. (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.130 License—Expiration.

If a renewal application, appropriate fees, and all required information for the renewal are not received within thirty calendar days prior to the license expiration date or a timely submitted renewal application is not subsequently approved, the Tobacco Retailer License shall be deemed expired on the date of expiration and no privilege to engage in Tobacco Retailing in the city shall exist. To renew a license not timely renewed pursuant to Section 5.55.120 of the Chapter, the Proprietor must:

1. Submit the license fee and application renewal form; and

2. Submit a signed affidavit affirming that the Proprietor:
(i) Has not sold and will not sell any Tobacco Product or Tobacco Paraphernalia after the license expiration date and before the license is renewed; or
(ii) Has waited the period of time required by Section 5.55.210 of this Chapter for Tobacco Retailing without a valid license before seeking renewal of the license.

Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 7 of 11 ends

(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.140 Operating requirements.

Failure by any person, or any person's agents or employees' who are engaged in the act of Tobacco Retailing, to meet any of the operating requirements contained herein shall be considered a violation of this chapter and shall constitute grounds for the suspension or revocation of the tobacco retailer license:

A. Display of License. The current Tobacco Retailer License shall be prominently displayed in a publicly visible location at the licensed location.

B. Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product: (1) is sold in the original Manufacturer's Packaging intended for Sale to Consumers; and (2) conforms to all applicable Federal Labeling requirements.

C. Display of Price. The price of each Tobacco Product offered for Sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.

D. Prohibition of Redemption of Tobacco Coupons and Discounts. No Tobacco Retailer shall:

1. Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than the Full Retail Price;

2. Sell any Tobacco Product to a Consumer through a multiple-Package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or

3. Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.

E. Signage.

1. Notwithstanding the regulations contained in Chapter 18.50 of this Code, in the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to cover more than any portion of the area of each window and clear door of the location with signs of any sort, excluding signage mandated by local, state, or Federal law. For the purposes of this subsection, the area covered shall be computed to include (i) all clear areas within signs; and (ii) signs that are not attached to windows or clear doors but are visible from exterior public rights-of-way in the same manner as if they were attached to windows or clear doors.

2. All signs shall be placed and maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights-of-way or from the entrance.

F. Tobacoo Paraphernalia. No person engaged in Tobacco Retailing shall sell or transfer any tobacco product or smoking paraphernalia to another person who appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase the tobacco product, electronic smoking device or smoking paraphernalia.

Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 8 of 11 ends

G. Drug Paraphernalia. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for any licensee or any of the licensee's agents or employees to violate any local, state, or federal law regulating controlled substances or Drug Paraphernalia, such as, for example, California Health and Safety Code section 11364.7, as that section may be amended from time to time.

H. Local, State, and Federal Law. It shall be a violation of this chapter for any person, or any of the person's agents or employees, to violate any local, state, and/or federal laws applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing.

I. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited. (Ord. No. O-13-19, § 2, 11-19-2019; Ord. No. O-07-20, § 2, 8-4-2020)

5.55.150 Compliance Monitoring.

Compliance with this Chapter shall be monitored by the Police Department. In addition, any peace officer may enforce the penal provisions of this Chapter. The City may designate additional Persons to monitor compliance with this Chapter.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.160 License—Suspension or Revocation.

In addition to any other penalty authorized by law, a Tobacco Retailer's License shall be suspended or revoked if any court of competent jurisdiction determines, or the Police Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any regulation designated in this Chapter.

1. Upon a finding by the Police Department of a first violation of this Chapter at a location within any fiveyear period, the license shall be suspended for thirty days.

2. Upon a finding by the Police Department of a second violation of this Chapter at a location within any five-year period, the license shall be suspended for ninety days.

3. Upon a finding by the Police Department of a third violation of this chapter at a location within any five-year period, the license shall be suspended for one year.

4. Upon a finding by the Police Department of four or more violations of this chapter at a location within any five-period, the license shall be revoked.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.170 License—Suspension or Revocation Notice.

A. Written notice stating the grounds for the proposed revocation or suspension shall be given to the Tobacco Retail License holder promptly upon determination made by the Police Department that good cause exists for the revocation or suspension. Notice shall be given by personal service or certified, registered, or firstclass mail of the letter to the address shown on the last application or renewal. The written notice shall state that the Tobacco Retail License holder may appeal the Police Department determination and shall state the process, by which such appeal may be made.

Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 9 of 11 ends

B. Service shall be deemed complete when personal service is made or when the notice letter is delivered by certified, registered, or first-class mail.
(Ord. No. O-13-19, § 2, 11-19-2019)

5.55.180 License—Suspension or Revocation Appeal.

A. Any Decision of the Police Department to suspend or revoke a license of a Tobacco Retailer may be Appealed to the City Manager or appointed designee. The Appeal Shall be filed in writing with the City Clerk within ten (10) Days of any Decision by the Police Department. Unless an Appeal is filed within such period, any action or Decision of the Police Department shall be final and the City Manager shall lack jurisdiction to act on such Appeal. No Appeal shall be valid unless accompanied by the appropriate Fee as determined by a Resolution of the City Council to reimburse the City for the cost to process the Appeal.

B. The statement of Appeal shall identify the specific action of the Police Department from which the Appeal is taken, specify the grounds for the Appeal, and identify the relief requested from the City Manager.

C. Upon receipt of a statement of Appeal, the City Manager or appointed designee shall promptly set the matter for a hearing. The City Manager or appointed designee may either hear the Appeal or Designate another Person or panel to hear the Appeal, provided that no member of the Police Department may hear the Appeal. If the City Manager or appointed designee wishes to have a Hearing Officer who is not a City Employee, officer, or elected official, or a hearing panel which is not composed entirely of City Employees, officers, or elected officials, such Hearing Officer or hearing panel must be Designated by a neutral body Designated by the City Manager. The City Manager, or the City Manager's Designee, may deny the Appeal or may grant the Appeal, in whole or in Part. Within ten days following the conclusion of the hearing, the City Manager, or the City Manager's Designee, shall render a Decision on the Appeal which shall address each Matter raised by the Appeal. The Decision of the City Manager, or the City Manager's Designee, shall be final. (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.190 Agreed penalty in lieu of hearing.

For a first or second alleged violation of this chapter within any three-month period, the Police Department may allow a Tobacco Retailer alleged to have violated this chapter to agree to the penalties provided in this section in lieu of the penalties that would otherwise apply under this chapter and to forego a hearing on the allegations.

Notice of any agreement shall be provided to the Department and no hearing shall be held. Agreements shall not be confidential and shall contain the following terms as well as any other non-criminal provisions established by the City Attorney in the interests of justice:

A. After a first alleged violation of this chapter at a location:

1. An agreement to stop acting as a Tobacco Retailer for one (1) day;

2. An administrative penalty of one thousand dollars; and

3. An admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violation.

B. After a second alleged violation of this chapter at a location within a three-month period:

1. An agreement to stop acting as a Tobacco Retailer for ten days;

2. An administrative penalty of at least five thousand dollars; and Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 10 of 11 ends

3. An admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penaly for any future violations. (Ord. No. O-13-19, § 2, 11-19-2019; Ord. No. O-07-20, § 2, 8-4-2020)

5.55.200 False and Misleading Advertising Prohibited.

A Tobacco Retailer without a valid Tobacco Retailer License or a Proprietor without a valid Tobacco Retailer License, including, for example, a Person whose license has been suspended or revoked:

1. Shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute Tobacco Retailing without a license under Section 5.55.210; and

2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that could lead a reasonable Consumer to believe that such products can be obtained at that location. (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.210 License—Tobacco Retailing Without a Valid License.

A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Police Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's License, either directly or through the Person's agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer's license as follows:

1. After a first violation of this section at a location within any five-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until thirty days have passed from the date of the violation.

2. After a second violation of this section at a location within any five (5) year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until ninety days have passed from the date of the violation.

3. After of a third or subsequent violation of this section at a location within any five-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until five years have passed from the date of the violation.

B. For the purposes of the civil remedies provided in this Chapter; C. Each day on which a Tobacco Product or Tobacco Paraphernalia is offered for Sale in violation of this chapter shall constitute a separate violation of this chapter; and D. Each individual retail Tobacco Product and each individual retail item of Tobacco Paraphernalia that is distributed, sold, or offered for Sale in violation of this chapter shall constitute a separate violation of this chapter.
(Ord. No. O-13-19, § 2, 11-19-2019)
Created: 2025-05-06 09:54:07 [EST]
(Supp. No. 38)

Page 11 of 11 ends

5.55.220 Additional Remedies.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Violations of this chapter are subject to a civil action brought by the District Attorney or the City Attorney, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

C. Violations of this chapter are hereby declared to be public nuisances.

D. Violations of this chapter may, in the discretion of the District Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.

E. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

F. In addition to other remedies provided by this Chapter or by other law, any violations of this Chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.230 Violation—Enforcement.

Enforcement of this title shall be the responsibility of the City Manager or appointed designee. (Ord. No. O-13-19, § 2, 11-19-2019)

5.55.240 Severability.

The provisions of this chapter are severable. If any provision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Ord. No. O-13-19, § 2, 11-19-2019)
Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.80 LICENSING AND REGULATION OF TOBACCO RETAILERS Hesperia, California, Code of Ordinances Created: 2025-03-27 10:18:06 [EST] (Supp. No. 23)

Page 1 of 12 ends

Chapter 5.80 LICENSING AND REGULATION OF TOBACCO RETAILERS Sections:

5.80.010 Definitions.

The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between 2 informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an "arm's length transaction."
"Bidis (beedies)" mean hand-rolled cigarettes containing tobacco wrapped in temburi or tendu leaf that are imported mainly from India and some Southeast Asian countries. They come in a variety of candy-like flavors and often are sold in packs of fewer than twenty (20).
"Blunt wraps" mean cigar papers or cigar wrappers of all types that are designed for smoking or ingestion of tobacco products and contain less than fifty (50) percent tobacco. "Characterizing flavor" means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor. "Child-Resistant Packaging" mean packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15 (b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased consumers as a cigarette described herein.
"Compliance Checks" means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this article. Compliance checks may involve the use of persons between the ages of eighteen (18) and twenty (20) who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
"Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to the tobacco product during the processing, manufacture, or packaging of the tobacco product.

CITY OF HESPERIA
Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 2 of 12 ends

"Delivery Sale" means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmissions, mail, the internet, or app-based service. Delivery sale includes delivery by licenses or third parties by any means, including curbside pick-up. "Department" means the City of Hesperia Code Enforcement Department and any agency or person designated by the department to enforce or administer the provisions of this article. "Electronic Smoking Device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
"Flavored shisha tobacco product" means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.
"Flavored Tobacco Product" means any tobacco product that contains a constituent that imparts a characterizing flavor.
"Full Retail Price" means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxed and fees if such taxes and fees are not included in the list price. "Hookah" means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. "Hookah lounge" means a retail or wholesale tobacco shop or a private smokers lounge and does not serve food or beverages.
"Hookah tobacco retailer" means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.
"Labeling" means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
"Loose leaf tobacco" consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes. "Little Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. "Little Cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo. "Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
"Moveable place of business" means any form of business that is operated out of a kiosk, truck, van, automobile, or other type pf vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 3 of 12 ends

"Premium cigar" means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12.00). A premium cigar does not have a filter, tip, or non-tobacco mouthpiece and is capped by hand. "Private smokers' lounge" means an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products.
"Proprietor" means a person with an ownership or interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt.
"Retail or wholesale tobacco shop" means any business establishment whose main purpose is the sale of tobacco products.
"Sale" or "Sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
"Self-Service Display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. "Shisha tobacco product" means a tobacco product smoked or intended to be smoked in a hookah. "Shisha tobacco product" includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argile. "Shisha tobacco product" does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. "Smoking" includes using an electronic smoking device.
"Tobacco paraphernalia" means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in California Health and Safety Code Section 11054 et seq. Items or devices classified as tobacco paraphernalia include but are not limited to the following: blunt wraps, holders of smoking materials of all types, cigarette rolling machines, oil burners, methascopes, pipes, punctured metal bowls, bongs, water bongs, electric pipes, ecigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, devices for holding burning material, or other instruments designed for the smoking or ingestion of tobacco products. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.
"Tobacco Product" means:

1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. Any component, part, or accessory of (1) or (2), whether or nor any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 4 of 12 ends

The term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. "Tobacco product flavor enhancer" means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. "Tobacco Retailer" means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.
"Tobacco Retailing" means engaging in the activities of tobacco retailer. "Tobacco samples" means free or nearly free cigarettes or smokeless tobacco, or coupons, coupon offers, or rebate offers for these products.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.020 General requirements and prohibitions.

A. Tobacco Retailer's License Required. It shall be unlawful for any person to engage in tobacco retailing in the City of Hesperia without first obtaining and maintaining a valid tobacco retailer's license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer's license is declared a public nuisance.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this code for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under twenty-one (21) years of age, including military personnel, unless federal law authorizes such sales to military personnel age eighteen (18) and above.

D. Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product, including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers. This does not apply to flavored premium cigars with a wholesale price of twelve dollars ($12.00) or more and flavored loose-leaf pipe tobacco. Flavored shisha/hookah tobacco may only be sold in licensed stores that only allow people twenty-one (21) or older on the premises at any time.

E. No sales of single cigarettes or packs with less than twenty (20) cigarettes.

F. No sale of tobacco products with labeling that includes the descriptors "light," "low," "mild," or other similar words.

G. No sales of cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to persons under the age of twenty-one (21) and products must be sold in child-resistant packaging and meet federal child resistant packaging standards and testing procedures.

H. No sales of tobacco products or tobacco paraphernalia to anyone under age twenty-one (21). No sales shall be permitted to any person of any drug paraphernalia, as defined under paragraph (d) of Health and Safety Code Section 11364.5 and listed herein, that are or may be used for illicit narcotics uses. As used in this section, "drug paraphernalia" means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 5 of 12 ends

controlled substance (as defined in Health and Safety Code Section 11054 et seq. "Drug paraphernalia" includes, but is not limited to, all of the following:

1. Kits intended for use or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

3. Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.

4. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances, except as otherwise provided in subdivision (g).

5. Scales and balances intended for use or designed for use in weighing or measuring controlled substances.

6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances.

7. Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.

8. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances.

9. Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.

10. Containers and other objects intended for use or designed for use in storing or concealing controlled substances.

11. Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body.

12. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as the following:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Roach clips, meaning objects used to hold burning material, such as a cannabis cigarette that has become too small or too short to be held in the hand.
f. Miniature cocaine spoons, and cocaine vials.
g. Chamber pipes.
h. Carburetor pipes.
i. Electric pipes.
j. Air-driven pipes.

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 6 of 12 ends

k. Chillums.
l. Bongs.
m. Ice pipes or chillers.

13. Oil burners, pizzo, pilo, bubble, tweak pipe, meth pipe, gack pipe, crank pipe, devil's pipe, love pipe, pookie, stem, chore, pocket rocket, freebase pipe, bulbie, geeker stick, pito, chicken bone, ice pipe, methoscope, mystic vases, colored glass oil burner pipe, piece, banger, bong, meth bong, one-hitter, bowls, chillums, bats, etc.
"Drug paraphernalia" does not include any testing equipment designed, marketed, intended to be used, or used, to test a substance for the presence of fentanyl, ketamine, gamma hydroxybutyric acid, or any analog of fentanyl.

I. No placement of advertising for blunt wraps within 2 feet of candy, snacks, or nonalcoholic beverages inside any store or business, or placement of advertising for blunt wraps lower than 4 feet above the floor.

J. No sales of bidis in businesses that allow persons under eighteen (18) years of age on the premises.

K. No sales of tobacco products where cannabis is sold.

L. Post the required STAKE Act age-of-sale warning sign at each point of sale.

M. Advertisement for Presumptive Flavored Tobacco Products Prohibited. Advertising and signage shall not include presumptive flavored tobacco products, including a public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

N. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

O. Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of unexpired government-issued photographic identification that the recipient is at least twenty-one (21) years of age.

P. On-Site Sales. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this article for any tobacco retailer or any of the tobacco retailer's agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city.

Q. Mobile Vending. No license may issue to authorize tobacco retailing anywhere other than a fixed location.

No tobacco retail license will be issued to a moveable place of business.

R. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer's packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.

S. Minimum Package Size for Little Cigars and Cigars. No tobacco retailer shall sell:

1. Little cigars unless they are sold in a package of at least twenty (20) little cigars; or

2. Cigars unless they are sold in a package of at least 5 cigars at a minimum price of twelve ($12.00) or more.

T. Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or nominally priced tobacco products.

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 7 of 12 ends

U. Prohibition of Tobacco Coupons and Discounts. No tobacco retailer shall:

1. Honor or redeem or offer to honor or redeem, a coupon to allow a customer to purchase a tobacco product for less than the full retail price.

2. Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item.

3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

V. All tobacco retailers must provide education and training to employees on local laws preventing sales to those under twenty-one (21) years of age; training should include how to properly and accurately check a customer's age on a photo ID and how to refuse tobacco sales. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.025 Exemptions.

A. Hookah and shisha bars and/or lounges are exempted if the business qualifies as either a retail or wholesale tobacco shop or a private smokers' lounge and does not serve food or beverages and limits entry to those aged twenty-one (21) and over. Flavored electronic device products, such as electronic hookahs are prohibited.

B. The sale of premium cigars is exempted. There is also an exemption for premium cigars sold in a cigar lounge and consumed on the premises.

C. The sale of pipe tobacco or loose-leaf tobacco is exempted, but not any tobacco product suitable for making cigarettes, including roll-your-own cigarettes.

D. Herbal or other plants intended for hookah smoking which do not contain, and are not made of or derive from, tobacco or nicotine (e.g., herbal shisha that do not contain tobacco or nicotine), are not tobacco products and are therefore not subject to California or federal minimum age of sale laws for tobacco products.
(Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.030 Application for tobacco retailer license.

A. An application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All proprietors must be listed on 1 application. All applications shall be submitted on a form supplied by the City of Hesperia.

B. A license issued contrary to this article, contrary to any other law, or on the basis of false or misleading information shall be void. Nothing in this article shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. Applicant submissions shall contain the following information:

1. The home address, name, business address, and telephone number of the location for which a license is sought.

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 8 of 12 ends

2. The business name, address, and telephone number of the location for which a license is being sought.

3. The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this article.

4. Proof that the location for which a tobacco retailer's license is sought has been issued all necessary state licenses for the sale of tobacco products.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this article or any other local, state, or federal law governing the sale of tobacco products, and if so, the dates and locations of all such violations within the previous 5 years.

6. A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this article.

7. Such other information as the city deems necessary for the administration or enforcement of this article as specified on the application form required by this section.

8. All required fees.

9. Authorization for the city to seek verification of the information contained within the application.

10. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

D. A licensed tobacco retailer shall inform the city in writing of any change in the information submitted on an application for a tobacco retailer's license within 10 business days of change.

E. An inspection will be conducted at the tobacco retail location upon application of a Tobacco Retail License. If violations are found, a Correction Notice will be sent to the applicant listing all violations. A license shall not be issued until all violations are corrected.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.040 License issuance.

Upon the receipt of a complete and adequate application for a tobacco retailer's license and the license fee required by this article, the city may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.050 Denial of tobacco retailer license application.

A. The city may deny an application for a tobacco retailer's license based on any of the following:

1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this article;

2. The application seeks authorization for tobacco retailing at a location for which this article prohibits a license to be issued;

3. The application seeks authorization for tobacco retailing for a proprietor to whom this article prohibits a license to be issued;
Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 9 of 12 ends

4. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this article, that is unlawful pursuant to any other article of this Code, or that is unlawful pursuant to any other law;

5. Any other reason the granting of a license to the applicant is not consistent with the public health and welfare, including but not limited to, the applicant's history of noncompliance with this article and other laws relating to the sale of tobacco products.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.060 License renewals.

A. Renewal of a License. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is 1 year. Each tobacco retailer shall apply for the renewal of their tobacco retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section

5.80.060.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.070 Licenses not transferrable.

A. Licenses not Transferrable. A tobacco retailer's license may not be transferred from 1 person to another or from 1 location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietors.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.080 Past violations.

A. Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply at a location unless:

1. The location has been transferred to new proprietor(s) in an arm's length transaction; and

2. The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm's length transaction. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.090 License conveys a limited, conditional privilege.

Nothing in this article shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the license. Nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23) Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 10 of 12 ends

5.80.100 Fee for license.

The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the city and are nonrefundable except as may be required by law. The fee for a Tobacco Retailer License shall be in addition to, and not in lieu of, any other fees that are required. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.110 Compliance monitoring and inspections.

A. Compliance with this article shall be monitored by the city manager or designee(s). All licensed premises must be open to inspection by city officials or designated persons during regular business hours.

B. The department shall inspect each tobacco retailer at least 1 time per 12-month period to ensure compliance.

C. The Department may conduct at least 1 compliance check per 12-month period that involves the participation of persons between the ages of eighteen (18) and twenty (20) to enter licensed premises to attempt to purchase tobacco products.

D. A fee may be charged for re-inspection as adopted via Resolution by city council.

E. Nothing in this section shall create a right of action in any license or other person against the city or its agents.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.120 Suspension or revocation of license.

A. In addition to any other penalty authorized by law, a tobacco retailer's license may be suspended or revoked if it is found to have violated any portion of this chapter or any applicable State Law regarding the sale of tobacco products. Upon a finding by the department of a first violation of this article, at a location, the license shall be suspended for ninety (90) days.

1. Upon a finding by the department of a second violation of this article at a location, the license shall be suspended for one hundred twenty (120) days.

2. Upon a finding by the department of a third violation of this article at a location, the license shall be suspended for 1 year.

3. Upon a finding by the department of 4 or more violations of this article at a location within a 5-year period, the license shall be revoked.

B. During the suspension or revocation period, no retailer shall be allowed to vend any tobacco product. All tobacco products shall be removed, and no tobacco product shall be displayed.

1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this article shall constitute a separate violation of this article which will constitute further suspensions or revocation of a license.

2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of this article shall constitute a separate violation of this article which will constitute further suspensions or revocation of a license.

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 11 of 12 ends

C. If it is found that a tobacco retailer has sold tobacco or a tobacco product to a minor under twenty-one (21) years of age, they will be subject to the penalties noted above, and upon the first violation of this nature, that retailer shall also apply for a Conditional Use Permit (CUP) which may result in losing the ability to sell any and all tobacco products and/or a complete revocation of the tobacco retail license. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.130 Appeals.

Any decision regarding the suspension or revocation of a tobacco retailer's license may be appealed to the city council by the licensee as follows:

1. Appellant must file a written appeal with the Hesperia City Clerk within 10 calendar days of the decision. The written appeal shall specify the person making the appeal, identify the decision appealed from, state the reasons for the appeal, and include any evidence in support of the appeal.

2. Notice of the time and place of an appeal hearing shall be provided to the appellant within thirty (30) days of receipt of the written appeal by the Hesperia City Clerk.

3. The appeal hearing shall be held within sixty (60) days of the filing of the written appeal with the Hesperia City Clerk, unless the 60-day time limit is waived by the appellant, or unless the city manager or designee continues the appeal hearing date for good cause and upon written notification to the appellant.

4. The city council shall review the facts of the matter, written documents submitted for review, the basis for making the decision which is under appeal, and then determine whether the director's decision should be reversed or affirmed. The determination made shall be in writing, shall set forth the reasons for the determination, and shall be final.

5. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any final determination.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.140 License issued in error - Voiding of a license.

Any application that is found to contain inaccurate, false, misleading, or fraudulent statements, or that omits material facts regarding the operation of the business, or the application was not accompanied by all required supporting documentation, shall void the license.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.150 Tobacco retailing without a valid license.

A. Ineligible for License. In addition to any other penalty authorized by law, if the department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's license as follows. Operating without a valid license includes operating with a license that has been suspended or revoked:

Created: 2025-03-27 10:18:06 [EST]
(Supp. No. 23)

Page 12 of 12 ends

1. After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until thirty (30) days have passed from the date of the violation.

2. After a second violation of this section at a location within any 5-year period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until ninety (90) days have passed from the date of the violation.

3. After a third or subsequent violation of this section at a location within any 5-year period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until 1 year has passed from the date of the violation. (Ord. No. 2021-07, § 3(Exh. A), 11-2-21; Ord. No. 2023-10, § 3(Exh. A), 7-18-23)

5.80.160 Additional remedies.

A. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this article is obtained in any part through the participation of a person under the age of eighteen (18) years, such a person shall not be required to appear to give testimony in any civil or administrative process brought to enforce this article, and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued and shall be subject to all remedies and enforcement measures authorized by the Hesperia Municipal Code, Title 1.

D. To the fullest extent allowed under state law, any person, whether as principal, employee, agent, partner, director, officer, stockholder, or trustee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than 6 months, or by both such fine and imprisonment.

E. The violation of any of the provisions of this chapter is deemed a public nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. Violations of this chapter may also be punishable in accordance with the provisions of Title 1 of this code. Remedies are not exclusive of each other.
(Ord. No. 2021-07, § 3(Exh. A), 11-2-2; Ord. No. 2023-10, § 3(Exh. A), 7-18-23) City of Loma Linda
Regular City Council Staff Report
Council Bill #R-2025-13- A Resolution Adopting the Measure I 5-year Capital Improvement Project (CIP) for Fiscal Years 2025/2026 through 2029/2030 [Public Works] Meeting
Tuesday, June 10, 2025, 7:00 PM
Agenda Group
New Business Item: 5A.

To
City Council
From
Jeff Peterson, Associate Engineer
Via
T Jarb Thaipejr, City Manager
Attachments
Resolution - 2026-2030 MICIP Attach A.pdf
2026-2030 CIP_Report_Template Attach B.pdf
2026-2030 MICIP 5 Year Revenue Est Attach C.pdf
2026-2030 MICIP Expenditure Strategy 1. Attach D pdf
RECOMMENDATION:

It is recommended that the City Council adopt Council Bill #R-2025-13, approving the City’s Measure I Five-Year Capital Improvement Plan for Fiscal Year 2025-2026 through Fiscal Year 2029-2030 BACKGROUND:

Cities in San Bernardino County are required to adopt a Five-Year Capital Improvement Plan (CIP) for Measure I projects.

Measure I revenues are generated by the County-wide transportation ½ percent sales tax program which is administered by the San Bernardino County Transportation Authority (SBCTA).

ANALYSIS:

The City Council approved the 5-Year CIP incorporated in the annual budget for fiscal year 2025-26. The CIP list includes street maintenance/improvement projects. The proposed Measure I 5-Year CIP complies with the City’s approved 5-Year CIP.

City Council may change the Measure I Plan at any time to re-prioritize projects. Please refer to Attachment B, which lists proposed projects for the five years from FY 2025-2030. As noted in the attachment, the expenditure over the 5 years is estimated to be $4,000,000. The Measure I revenue estimate, as provided by SBCTA, is $3,441,920 over the same period.

The difference of $528,534 will be funded from the previous year’s carryover of Measure I and/or project adjustments, as needed.

ENVIRONMENTAL IMPACT:

N/A
FINANCIAL IMPACT:

There is no fiscal impact as projects are not required to be constructed, planning documents only.

RESOLUTION NO.

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

STATE OF CALIFORNIA, ADOPTING THE M E A S U R E I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY2025/2026 THROUGH
FY2029/2030
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Loma Linda is $184,626; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Loma Linda, State of California, that the Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Loma Linda on this _10th day of _June , 2025 by the attached certified vote.

Phillip Dupper, Mayor
ATTEST:

Lynette Arreola, City Clerk
Attachment A
Resolution No. XXX

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF I have hereto set my hand or affixed the Seal of the City of Loma Linda this 10
th day of June 2025.

Lynette Arreola, City Clerk
City of Loma Linda
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/25 Carryover Balance $244,828.00
FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue Total Est. Rev. $650,830 $668,923 $687,652 $707,111 $727,404 $3,441,920 Projects:

Pavement rehabilitation on Court Street from Anderson Street to Ohio Street, Cole Street from Benton Street to the easterly end, Benton Street from Barton Road to Cole Street, Barton Road from Mountain View Avenue to California Street, Anderson Street from the Railroad Bridge to Court Street, New Jersey Street from Baton Road to Orange Avenue, Orange Avenue from New Jersey Street to 500 feet easterly Tracts 14544, 14552, 14545, and 15071

0.0% 0.0% $0 $750,000 $0 $0 $0 $0 $750,000
Pavement rehabilitation on Redlands blvd from west city limit to Anderson street and from Montain View Ave to California St, Bryn Mawr Ave from Beaumont Ave to Lawton Ave, Coloma St from Redlands Ave to Park Ave and from Cottage St to State St, Curtis St from Van Leuven ST to Park Ave, State St, Lane St, Lilac St from Cottage St to south end of the cul-de-sac, Shedden St

0.0% 0.0% $0 $0 $750,000 $0 $0 $0 $750,000
Pavement rehabilitation on Poplar Street, Seamont Drive, Ohio Street, Lind Avenue, Stewart Street fro Anderson street to Campus Street, Prospect Street from Anderson Street to Benton Street, Mountain View Avenue from Lawton Avenue to Beaumont Avenue, WhittierAvenue from Lawton Avenue to Beaumont Avenue
Beaumont Avenue from Whittier Avenue to UPRR, Juanita Street, Anita Street, and Adella Street

0.0% 0.0% $0 $0 $0 $750,000 $0 $0 $750,000
Pavement rehabilitation on Lawton Avenue from Loma Linda Drive to Bryn Mawr Avenue, Barton Road from California Street to San Timoteo Canyon Road, Anderson Street from Stewart Street to Barton Road, Stewart Street from Anderson Street to Mound Street, Mound Street, and University Court

0.0% 0.0% $0 $0 $0 $0 $750,000 $0 $750,000
Pavement rehabilitation on University Avenue, Violet Molnar Way, Barton Frontage Road (north side), Tracts 3289 and 1808 0.0% 0.0% $0 $750,000 $750,000 Sidewalks - citywide 0.0% 0.0% $0 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Jurisdiction:

T. Jarb Thaipejr, City Manager
(909) 799-2811
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030
[email protected]
Loma Linda
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost

Page 1 of 2 ends

Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:

Jurisdiction:

T. Jarb Thaipejr, City Manager
(909) 799-2811
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030
[email protected]
Loma Linda

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$800,000 $800,000 $800,000 $800,000 $800,000 $4,000,000 Total Programming is currently 108% Total Estimated Programming: $4,000,000 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

ATTACHMENT C
REV FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 FY29/30
Chino 5.87% $ 2,416,627 $ 2,413,663 $ 2,480,762 $ 2,550,221 $ 2,622,387 $ 2,697,646 $ 12,764,678 Chino Hills 4.85% $ 1,994,536 $ 1,992,090 $ 2,047,469 $ 2,104,797 $ 2,164,358 $ 2,226,472 $ 10,535,185 Colton 3.35% $ 1,377,596 $ 1,375,906 $ 1,414,156 $ 1,453,751 $ 1,494,889 $ 1,537,791 $ 7,276,494 Fontana 13.58% $ 5,591,587 $ 5,584,728 $ 5,739,982 $ 5,900,697 $ 6,067,674 $ 6,241,808 $ 29,534,889 Grand Terrace 0.81% $ 333,345 $ 332,936 $ 342,192 $ 351,773 $ 361,727 $ 372,108 $ 1,760,736 Highland 3.53% $ 1,453,239 $ 1,451,456 $ 1,491,806 $ 1,533,576 $ 1,576,973 $ 1,622,230 $ 7,676,041 Loma Linda 1.58% $ 651,629 $ 650,830 $ 668,923 $ 687,652 $ 707,111 $ 727,404 $ 3,441,920 Montclair 2.36% $ 971,271 $ 970,079 $ 997,047 $ 1,024,964 $ 1,053,968 $ 1,084,216 $ 5,130,274 Ontario 11.49% $ 4,730,257 $ 4,724,454 $ 4,855,793 $ 4,991,751 $ 5,133,007 $ 5,280,318 $ 24,985,322 Rancho Cucamonga 10.99% $ 4,523,845 $ 4,518,295 $ 4,643,903 $ 4,773,928 $ 4,909,020 $ 5,049,902 $ 23,895,048 Redlands 4.61% $ 1,897,490 $ 1,895,162 $ 1,947,848 $ 2,002,386 $ 2,059,049 $ 2,118,141 $ 10,022,585 Rialto 6.54% $ 2,691,008 $ 2,687,707 $ 2,762,425 $ 2,839,771 $ 2,920,130 $ 3,003,934 $ 14,213,966 San Bernardino 14.36% $ 5,913,108 $ 5,905,854 $ 6,070,036 $ 6,239,992 $ 6,416,570 $ 6,600,717 $ 31,233,170 Upland 4.96% $ 2,043,373 $ 2,040,866 $ 2,097,602 $ 2,156,333 $ 2,217,352 $ 2,280,987 $ 10,793,140 Yucaipa 3.41% $ 1,404,533 $ 1,402,810 $ 1,441,808 $ 1,482,177 $ 1,524,120 $ 1,567,860 $ 7,418,776 County/Valley 7.71% $ 3,172,454 $ 3,168,563 $ 3,256,648 $ 3,347,832 $ 3,442,568 $ 3,541,365 $ 16,756,975 Total Valley Region 100.00% $ 41,165,900 $ 41,115,400 $ 42,258,400 $ 43,441,600 $ 44,670,900 $ 45,952,900 $ 217,439,200 Measure I Local Pass-through Program

VALLEY SUBAREA
Population
Distribution
Percentage
Total FY25/26
through FY29/30
Valley Subarea
Estimated Annual Local Pass-Through Amount
REVENUE ESTIMATES FOR FY2024/2025 thru FY2029/2030

ATTACHMENT D

CITY OF LOMA LINDA

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2025/2026 thru 2029/2030
The City of Loma Linda is intent upon efficiently maintaining our existing roadway system. The streets in Loma Linda are constructed of asphalt concrete (AC). These streets are in various stages of their life expectancy. A typical AC street improvement has a life expectancy of 15-20 years. Through proper pavement management, this can be extended by as much as 20 years. Our strategy is to utilize a combination of slurry seal method, grind and overlay the top 0.1’ and pulverize existing AC for base and repave for rehabilitation. This pavement management program has shown to be effective in delaying the eventual complete reconstruction, including subgrade, of a roadway segment.

Measure I funding is critical to this effort. We have dedicated the majority of funding to maintenance activities as described above along with the adjacent sidewalk, curb and gutter and access ramp maintenance. A portion of funding is earmarked for addressing increased capacity demand along certain segments that have experienced growth. New roadway segments are considered and addressed through development planning. Development impact fees are utilized for expansion due to growth. The current carryover balance in the Measure I Local Street fund will be utilized first.

Loma Linda City CouncilJune 10, 2025

Loma Linda City Council
June 10, 2025