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

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

The Invocation and Pledge of Allegiance was led by Mayor pro tempore Dailey.

No items were added or deleted.

Lynne Campos, who resides at the intersection of San Mateo Drive and Rosarita Street, reported an ongoing drainage issue on the street that has caused flooding onto her property, which she attributes it to the lack of curb. Several years ago, a fire hydrant was struck, resulting in significant flooding on the street and on her property. She reported the issue to the City, and a temporary brick curb was installed. However, she continues to experience flooding. City Manager Thaipejr stated that he would follow up with her on this matter.

No disclosed items of conflict.

Chris DeJong, Firefighter/Paramedic, introduced Stella, Fire Department therapy dog. He noted that Stella is an intelligent dog originally trained for service work. However, due to her allergies, it prevented her from being successfully placed. Stella underwent a career change and has since become a positive presence for the firefighters. He went on to briefly discussed the St. Puppy's Day Adoption event which they coordinated with Amy Jones. He commended Amy for her passion and efforts to coordinate this community event.

Amy Jones introduced several of her event planners who were present at the meeting, explaining that she collaborated with the Mary S. Roberts Pet Adoption Center for this pet adoption event. She stated that she formed a team of volunteers to plan and execute the event. She noted that they had several games and activities for kids and families to attract attendees and to promote community engagement. She identified and thanked all the event participants who contributed to the event as well as the numerous gifts and prizes donated from several donors. She briefly discussed the event's expenses. In summary, the event attracted approximately 450 attendees, resulting in seven successful pet adoptions. She highlighted feedback from many of the attendees and noted that some attendees are now volunteering at the Mary S. Roberts Pet Adoption Center. She thanked all who were involved and supported the event.

Community Development Director Matarrita introduced Gabriel Rivera, Associate Planner, to the City Council.

Gabriel Rivera, Associate Planner, presented the project report explaining that the proposal was to establish a Wholesale Nursery within a high density R-3 residential zone. He highlighted detail aspects of the project including the location, site layout, landscape plans, floor plans and office elevations. He addressed the environmental review process, confirming the project's compliance with CEQA and Measure V. He noted that the City received public comments from the County of San Bernardino Flood Control District, and, due to the proximity of the site to the flood control channel, staff addressed their concerns and incorporated changes to the Conditions of Approval. He concluded stating that City Staff and the Planning Commission are recommending approval of the proposed project.

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

David Mlynarsky, Transtech Enginners Inc. , 413 MacKay Drive, San Bernardino, stated that the nursery is a commercial operation that is currently located in the City of Redlands; however, their lease is coming up and would like to relocate to Loma Linda. He noted that they are a local regional operator providing plant material, that is it not for retail sales (boxed trees, boxed shrubs and ground cover). He described the landscaping along the perimeter to the west and along the flood control channel, which would be boxed plant material with a drip irrigation system and the landscaping on the frontage along Citrus would be permanent enhanced landscaping.

In response to a question regarding the State's Regional National Needs Allocation (RHNA) housing requirements, Associate Planner Rivera stated that there is the potential by the applicant to develop the site in the future with housing. But, due to the Flood Hazard Zone designation, he noted it would be difficult to develop the area. He noted that should a proposal for housing be proposed, the City would work with the developer to achieve development.

​Mayor Dupper acknowledged the extensive efforts involved in the negotiation process and extended his congratulations on the successful completion of the deal.

Approved the Demands Registers dated March 25, 2025, with commercial demands totaling $1,170,910.22, and Payroll dated March 13, 2025, totaling $421,627.41; and April 8, 2025, with commercial demands totaling $937,087.67, and Payroll dated March 27, 2025, totaling $403,621.73.

Approved the minutes of March 11, 2025, as presented.

Accepted the March 2025 Treasurer's Report for filing.

Awarded contract to Krisch & Company as recommended.

Approved the purchase from General Power and awarded contract to Las Colinas Engineering as recommended by staff.

Approved agreement with Tyler Technologies as recommended.

Approved the purchase from Synoptek as recommended.

Approved the amendment to the Automatic Aid and Mutual Aid Agreement as recommended.

Approved contract to Willdan Engineering and approved a supplemental appropriation as recommended.

Confirmed Contract Agreement with Willdan Engineering as recommended.

Accepted the project as complete and authorized recordation of Notice of Completion documents.

Assistant City Manager Andy Ramirez reported that, in response to the City Council's request, staff conducted a feasibility study on implementing a local Tobacco Retail License (TRL) ordinance. He summarized the State's Cigarette and Tobacco Products Licensing Act of 2003 that requires any retailer selling cigarettes or tobacco products must secure a Cigarette and Tobacco Products Retailers License from the State annually. He noted that some cities have implemented a separate TRL that includes annual fees to help cover local administrative costs for the operation and enforcement of the city's program, while other cities rely on the state regulations. He continued stating that the City does collect business license fees from all operating businesses, including those that sell tobacco products. The fees are part of the City's general business licensing process, which is designed to regulate business activities and generate municipal revenue. He noted that the City's Ordinance on Smoking Prohibition does not address the sale of tobacco products. He discussed the potential benefits and potential costs to implement a TRL Ordinance. He also provided alternate options for City Council to consider. He was seeking direction from City Council.

In response to an inquiry regarding the extent of the enforcement conducted by other cities, Assistant City Manager Ramirez noted that some cities conduct annual inspections of tobacco retailers, while others may implement multiple inspections per year, which is determined by each city's priorities and available resources.

Mayor pro tempore Dailey confirms this is a valuable program, but he wanted to know how implementing an ordinance will impact city staff.

Councilmember Rigsby inquired about the authority responsible for enforcing State Law and whether local governments can conduct enforcement. Mayor Dupper clarified that local law enforcement agencies and, possibly, Code Enforcement Officers, are authorized to enforce State Laws. Even though he supports what is being presented, he expressed concern imposing additional code restrictions with the City's current financial challenges and efforts to attract new businesses. He cautioned that imposing numerous restrictions may convey the City as not business-friendly.

Councilmember Spencer-Hwang does not believe the annual license fee will be a problem to the businesses. She stated that the adoption of an ordinance is the first step to demonstrate the City's commitment to public health and hold tobacco retailers accountable. Being a Blue Zone city, she stated that Loma Linda should be part of the solution of tobacco-related issues.

Brianna Ramirez, intern pharmacist and member of the Coalition for a Tobacco Free San Bernardino County, thanked City staff and City Council for addressing this matter. She identified the four San Bernardino County cities with the TRL in place. She strongly recommended the City to continue to move forward with the process of adopting a TRL and be a leader of promoting health and wellness in the Inland Empire and to inspire other cities to follow suit.

Laura Cortes, Redlands High School student, thanked the City for considering this matter and requesting to move forward to adopt a TRL. She noted that she is regularly approached from other students at school wanting to sell her tobacco products.

Councilmember Popescu supported comments by Councilmember Spencer-Hwang. He doesn't believe State Law is enough; otherwise, this wouldn't be up for discussion. He stated that adopting an Ordinance is a proactive step to mitigate the negative impacts of tobacco use particularly with the most vulnerable and it would make businesses accountable.

Councilmember Rigsby stated that he is having difficulty what this ordinance would add since there is already State Law in place other than a de minimis fee. He does not oppose enforcing tobacco laws, but he doesn't see a need to adopt an Ordinance with the existing State Law. He recommended that the City begin enforcing the State Law immediately and conduct a sting operation. He noted that the City doesn't have to wait for an new ordinance.

City Attorney Robbins stated that adopting a City Ordinance allows the City to conduct enforcement, even when the State is not enforcing the State Law, that it generates revenue, and that it identifies all businesses in the city selling tobacco products.

Mayor Dupper noted that conducting a sting operation is a very involved process. He expressed interest inviting the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for a presentation and guidance. He noted there are ATF satellite offices in San Bernardino and Riverside.

Discussion continued pertaining to considering an City Ordinance and to the costs associated with the operation and enforcement of an ordinance.

Patricia Lopez, Program Mgr. with the California Health Collaborative, Sam Bernardino County Tobacco Control Program, speaking on behalf of Mr. Fuentes who has spoken at previous meetings, noted that the California Health Collaborative is available as a resource to the City when needed.

Councilmember Rigsby pointed out that to establish fees associated with a potential TRL ordinance would necessitate a User Fee Study. City Attorney Robbins concurred.

City Attorney Robbins advised that, given ongoing concerns about enforcement, the City should consider examining how other municipalities have structured and implemented their Tobacco Retail License (TRL) ordinances and understand how they handle enforcement. She noted that while violations of an ordinances are typically classified as infractions, some cities have them classified as misdemeanors. However, pursuing misdemeanor charges would necessitate additional resources, such as city prosecutor, and could involve legal proceedings. She recommended reviewing existing TRL ordinances and determine how feasible it is for the City.

Motion by Ovidiu Popescu, seconded by Rhonda Spencer-Hwang to direct staff to prepare a draft Tobacco Retail License Ordinance that will outline the program, enforcement and costs for City Council's review.

Substitute Motion by Rhodes Rigsby, seconded by Ronald Dailey, passing by a vote of 5-0-0-0-0, to direct staff to conduct a review of existing Tobacco Retail License Ordinances implemented in other cities and compare the experience of cities and present the findings to City Council for further consideration.

City Manager Thaipejr informed the City Council that there would be a joint meeting with the Budget Committee on April 16, 2025.

Community Development Director presented a gift to City Council from Puntarenas, Costa Rica, in recognition of the Friendship City relationship between the two municipalities.