Calimesa City Council
February 22, 2022

CALL TO ORDER
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM CERVANTEZ, COUNCIL MEMBER DUVALL, COUNCIL MEMBER HEWITT AND COUNCIL MEMBER MOLINA.

STAFF: CITY MANAGER JOHNSON, CITY ATTORNEY BARROW, CITY CLERK

GERDES, FINANCE DIRECTOR REID, PLANNING MANAGER LUCIA, PUBLIC

WORKS DIRECTOR MONSON, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN SALAS.

PLEDGE OF ALLEGIANCE
City of Calimesa
Regular Meeting of the Calimesa City Council
Meeting Agenda
Tuesday, February 22, 2022 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
William Davis, Mayor  Jeff Cervantez, Mayor Pro Tem
Wynona Duvall, Council Member  Wendy Hewitt, Council Member  Linda Molina, Council Member Bonnie Johnson, City Manager  Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320. 2) By viewing the meeting on Facebook Live, beginning at 6:00 p.m. at https://www.facebook.com/cityof.calimesa Submission of Public Comments: If attending the meeting, public comment will be allowed by completing a blue speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker. Otherwise, public comment will be accepted via email. Please send comments via email to the Calimesa City Clerk at [email protected]. Identify public comment or the specific agenda item you wish to comment on in your email’s subject line. You may submit comments on any agenda item. Emailed comments must be submitted by 5:30 p.m. on Tuesday, February 22, 2022 and will be read into the record by the City Clerk. Electronic comments on agenda items may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

PRESENTATIONS
Fire Chief Appointment Ceremony, Fire Chief Tim O’Connell Cherry Valley Wildlife Corridor, Pete Dangermond, Two Canyons Conservancy

COMMUNICATIONS FROM THE PUBLIC
Anyone wishing to address the Council on any item within the Council’s jurisdiction that is not on the agenda may do so at this time. This is not a time for City Council discussion of non-agenda items. After receiving public comments, Council Members or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion____________________ Second____________________ Vote____________________ CONSENT CALENDAR (Items 1 – 9)
The following Consent Calendar items are expected to be routine and non-controversial. Council will act upon them at one time without discussion. Any Council Member or staff member may request removal of an item from the Consent Calendar for discussion.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of February 7, 2022

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Parks, Trails & Community Services action minutes of a special meeting of October 6, 2021. b) Joint Planning Commission/Parks, Trails & Community Services Workshop action minutes of a special meeting of November 8, 2021.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $487,683.96 (Check Nos. 38227 to 38293) b) February 3, 2022 Payroll of $80,819.02

4. WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON THE AGENDA.

This permits reading the title only in lieu of reciting the entire text of the Ordinances. This does not take policy action on the Ordinances or approve or disapprove any Ordinances on the agenda.

5. TRAVEL EXPENSES
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through December 31, 2021.

6. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2022 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended January 31, 2022.

7. COUNCIL APPROVAL OF AN ALLOCATION OF FUNDS TO BE USED FOR

COMPUTER NETWORK IMPROVEMENTS AND STREAMING CAPABILITIES IN THE SR. CENTER.

RECOMMENDATION: That the City Council approve Resolution No. 2022-06, amending the FY 2021-22 Budget to include an additional appropriation to the Information Technology Account for Computer Network Improvements and Streaming Capabilities in the Sr. Center.

8. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (ON-CALL PLANNING) WITH MICHAEL BAKER INTERNATIONAL, INC.

RECOMMENDATION: That the City Council approve the Agreement for professional consulting services (on-call planning) between the City of Calimesa and Michael Baker International, Inc.

9. AMEND AND RESTATE THE FAIR SHARE AGREEMENT FOR COUNTY LINE ROAD CORRIDOR IMPROVEMENTS PARK AVENUE TO BRYANT STREET SB 1 2018

LOCAL PARTNERSHIP PROGRAM GRANT
RECOMMENDATION: That the City Council:

1. Approve the Amended and Restated Fair Share Agreement for the County Line Road Corridor Improvements from Park Avenue to Bryant Street SB 1 2018 Local Partnership Program Grant; and

2. Approve Resolution 2022-07 a Resolution of the City Council of the City of Calimesa California, amending the Fiscal Year 2021-22 Budget to include an adjustment in the Street and Traffic Development Impact Fee (Fund 36) for the construction of the County Line Road Corridor Improvement Project including design, construction, contingency, and construction management.

CHAMBER OF COMMERCE REPORTS

POLICE CHIEF COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234.

BUSINESS ITEMS

10. FIELD INTERNSHIP BETWEEN CITY OF CALIMESA SAN BERNARDINO

COMMUNITY COLLEGE DISTRICT (CRAFTON HILLS COLLEGE)
RECOMMENDATION: That the City Council approve an Emergency medical Services/Field Internship “In-kind” agreement between the San Bernardino Community College District (Crafton Hills College) and the City of Calimesa.

11. ADOPT A RESOLUTION OPPOSING INITIATIVE 21-0042A1
RECOMMENDATION: That the City Council consider approval of Resolution 2022-08 a Resolution of the City Council of the City of Calimesa California Opposing Initiative 21- 0042A1.

COUNCIL MEMBERS’ COMMENTS & REPORTS
This is the time for additional general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, March 7, 2022 at 6:00 p.m.

City Council Meeting
Agenda Report
Presentation Item
SUBJECT: PRESENTATION BY TWO CANYONS CONSERVANCY

REGARDING THE CHERRY VALLEY WILDLIFE CORRIDOR
MEETING DATE: February 22, 2022
Pete Dangermond, President of Two Canyons Conservancy will be in attendance and provide a presentation of the Cherry Valley Wildlife Corridor. He asked that the two attachments be included in the City Council agenda packet.

ATTACHMENTS:

Attachment A: Letter from Two Canyons Conservancy
Attachment B: Copy of the Power Point presentation

Two Canyons Conservancy Cherry Valley Wildlife Corridor 1 February 9, 2022
City of Calimesa
City Council Members
908 Park Avenue
Calimesa, CA 92320
Subject: Cherry Valley Wildlife Corridor
Dear Mayor and Members of the City Council,
The following is a request for your support to implement a critical wildlife corridor/ open space area in the City of Calimesa along El Casco Creek, also known as the Cherry Valley Corridor.

The creek flows through the Summerwind Ranch Specific Plan Area, the latest portion of the City which is being planned for development. This potential wildlife corridor is the last remaining, non-desert opportunity to connect the San Bernardino-San Gabriel mountain range with Mount San Jacinto and all other mountain ranges southward to the US-Mexico border. This specific area has been found to be a critical linkage for certain endangered wildlife species.

The areas to the south and west of Calimesa have received much conservation attention over the last 20+ years, not only for their intrinsic habitat values, but also for their role in support of this major wildlife linkage. These efforts include amassing over 25,000 acres of open space and, more recently, providing major wildlife under crossings as part of the recent Hwy 60 improvements. Together, the costs for these conservation efforts exceeds $200M.

Unfortunately, when the Western Riverside County MSHCP was prepared in 2004, this regionally important wildlife corridor was overlooked and instead focused on Garden Air Wash which, east of I-10, had been already approved for the Singleton Heights residential development in 1991, making the possibility of a continuous wildlife corridor to the San Bernardino Mountains in that location infeasible. The infeasible MSHCP wildlife corridor is represented by the dashed orange line in the below exhibit. Although not required or officially recognized by the MSHCP, the Cherry Valley Corridor, depicted below in aqua, is the last chance to correct this oversight.

Presentation Attachment A

Two Canyons Conservancy Cherry Valley Wildlife Corridor 2 Map of Western Riverside County criteria cells and schematic linkages with proposed constrained Linkage 23 shown as orange dotted line, along Garden Air Wash, and Cherry Valley Corridor shown in aqua.

The Land Use Element of the City of Calimesa’s General Plan partially implements the portion of the Cherry Valley Corridor that is located west of the I-10 by designating properties that contain the El Casco Creek as open space. Please note that open space designations are depicted in light green on the following land use map.

General Plan Land Use Map, with Cherry Valley Corridor circled The Singleton Heights
subdivision was approved
prior to the MSHCP and is
located directly in the path
of the City’s planned wildlife
corridor
Singleton Heights

Two Canyons Conservancy Cherry Valley Wildlife Corridor 3 In addition, the Summerwind Ranch Specific Plan Amendment 2 (approved Nov 2020) discusses the Cherry Valley Corridor as a potential secondary wildlife corridor in the City of Calimesa.

Page II-13 of the Specific Plan states, “Local wildlife movement will also be accommodated via the interconnection of preserved habitat blocks and by preservation of a minimum 50-foot wide riparian corridor along an existing drainage course located north of the Cherry Valley Boulevard Interchange.” The currently proposed site plans for Oak Valley Town Center and Phase 2 of the Summerwind Commons projects exceed the 50-foot requirement by collectively providing an approximately 100-foot wide corridor. However, this width is not sufficient to meet the movement needs of the widest range of wildlife species that are expected to travel between protected areas to the west and the foothills of the San Bernardino Mountains to the east, including small reptiles, birds, bobcats and mule deer. To meet the movement needs of resident wildlife (habitat cover, water, buffers from noise/light), the corridor width should be increased to 300 to 500 feet as recommended in USDA Guidelines on Wildlife Corridor Widths (https://www.fs.usda.gov/nac/buffers/guidelines/2_biodiversity/9.html).

This is not a normal planning give and take situation. The critical nature of this wildlife corridor as well as the immense amount of public funds that have already been expended on the effort make it imperative that the Cherry Valley Wildlife Corridor be executed properly. As discussed above, the already constructed Singleton Heights residential subdivision is located directly in the path of the City’s planned wildlife corridor in the MSHCP. The following map presents our suggested solution of a 300-500’ corridor, which would implement and expand the Cherry Valley Corridor that is discussed in the Summerwind Ranch Specific Plan.

Map of suggested solution for conserving the Cherry Valley Wildlife Corridor along El Casco Creek If the Cherry Valley corridor can be expanded beyond the required 50-foot wide dimension, there may be additional mechanisms (grant funds, mitigation credit programs) that can be brought in to make the corridor fully viable.

Oak Valley Town Center project
Cienega Canyon Preserve
Summerwind Commons project

Two Canyons Conservancy Cherry Valley Wildlife Corridor 4 Two Canyons Conservancy (TCC), along with SC Wildlands (SCW) and The Nature Conservancy (TNC), has been working with the City Planning Director and developers on this wildlife corridor concept since May of 2021 to explore a successful solution.

We ask that you direct City Staff to work with the developers and conservation organizations (TCC, TNC, SCW) to develop options that would achieve a viable and functional Cherry Valley Wildlife Corridor, including:
1) Expand development set asides (Oak Valley Town Center and Summerwind Commons) along El Casco Creek west of I-10 to create a 300-500-foot-wide wildlife corridor. 2) Incorporate sound walls and other measures where planned developments abut El Casco Creek to decrease noise and light pollution in the corridor. 3) Engage and secure funding for Rivers and Lands Conservancy (RLC) to manage the El Casco Creek/Cherry Valley Corridor between existing RLC lands and I-10, including portions of the corridor already within an HOA.
4) Work with developers east of I-10 to negotiate set asides sufficient to connect the Cherry Valley wildlife corridor to the San Bernardino National Forest. 5) Work with Caltrans on integrating a dedicated wildlife crossing as mitigation for the Cherry Valley Interchange. This wildlife linkage is identified by Caltrans for advanced mitigation in the District 7 Regional Advance Mitigation Needs Assessment (ca.gov) 6) In the future, through grants or mitigation credit opportunities, design and implement a creek corridor restoration and trails master plan that will provide multiple benefits including safe flood passage, recreational use, and wildlife movement.

We appreciate your consideration on this critical biological imperative for the survival of countless native species reliant on coastal habitats.

Sincerely,
Pete Dangermond
President, Two Canyons Conservancy

Cherry Valley/
El Casco Creek
Wildlife Corridor
Presentation to Calimesa City Council, February 22, 2022 Presentation Attachment B

San Timoteo Canyon

Regional Wildlife Corridor Connections

Planning and Implementation Mistakes

El Casco Creek

Proposed Encroachments

Proposed Buffers

Request
 1) Expand development set asides (Oak Valley Town Center and Summerwind Commons) along El Casco Creek west of I-10 to create a 300- 500-foot-wide wildlife corridor.
 2) Incorporate sound walls and other measures to decrease noise and light pollution in the corridor.
 3) Engage and secure funding for Rivers and Lands Conservancy (RLC) to manage the El Casco Creek/Cherry Valley Corridor between existing RLC lands and I-10
 4) Work with developers east of I-10 to negotiate set asides sufficient to connect the Cherry Valley wildlife corridor to the San Bernardino National Forest.
 5) Work with Caltrans on integrating a dedicated wildlife crossing as mitigation for the Cherry Valley Interchange.
 6) In the future, through grants or mitigation credit opportunities, design and implement a creek corridor restoration and trails master plan.

Desired Conservation Outcome

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: February 22, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of February 7, 2022.

ATTACHMENTS:

Attachment A: City Council action minutes of February 7, 2022 regular meeting.

City Of Calimesa
City Council Minutes of Regular Meeting
February 7, 2022
Pursuant to the 12/15/2021 State of California Mandate, it was required that masks be worn indoors by all those fully vaccinated or unvaccinated and while attending the Council meeting. Members of the public were encouraged to participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, maintaining a 6-foot distance from others. Face masks are mandatory. 2) By viewing the meeting on Facebook Live, beginning at 6:00 p.m. at https://www.facebook.com/cityofcalimesa
Submission of Public Comments: Those attending the meeting and maintaining appropriate social distancing, were allowed to speak during public comment by completing a blue speaker slip and providing it to the City Clerk at the meeting. Otherwise, public comment was accepted via email to the Calimesa City Clerk at [email protected] with a deadline of 5:30 p.m. on Monday, February 7, 2022.

CALL TO ORDER 6:00 p.m. by Mayor Davis
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM CERVANTES, COUNCIL

MEMBER DUVALL, COUNCIL MEMBER HEWITT AND COUNCIL
MEMBER MOLINA.

ABSENT: NONE
STAFF: CITY MANAGER JOHNSON, CITY ATTORNEY BARROW, CITY

CLERK GERDES, FINANCE DIRECTOR REID, PLANNING

MANAGER LUCIA, PUBLIC WORKS DIRECTOR MONSON,
INTERIM FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN
SALAS.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Council Member Duvall.

COMMUNICATIONS FROM THE PUBLIC
None

APPROVAL OF THE AGENDA

MOTION BY COUNCIL MEMBER HEWITT, SECONDED BY MAYOR PRO TEM CERVANTEZ, CARRIED 5-0 TO APPROVE THE AGENDA AS PRESENTED.

Mayor Davis asked if there were any items to be removed from the Consent Calendar for discussion. Council Member Molina requested Item No. 9 be removed for discussion.

Attachment 1A

CONSENT CALENDAR (Items 1 – 10)
The following Consent Calendar items are expected to be routine and non-controversial. Council will act upon them at one time without discussion. Any Council Member or staff member may request removal of an item from the Consent Calendar for discussion.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of January 18, 2022

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of a regular meeting of December 7, 2021. b) Planning Commission action minutes of a regular meeting of December 13, 2021.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $344,150.65 (Check Nos. 38134 to 38226) b) January 20, 2022 Payroll of $82,469.68
February 1, 2022 Council Payroll of $1,671.75

4. WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON THE AGENDA.

This permits reading the title only in lieu of reciting the entire text of the Ordinances.

This does not take policy action on the Ordinances or approve or disapprove any Ordinances on the agenda.

5. TREASURER’S REPORT FOR MONTH END OF DECEMBER 31, 2021.

RECOMMENDATION: That the City Council receive and file the Treasurer’s Report for the month end of December 31, 2021.

6. FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT

BETWEEN THE CITY OF CALIMESA AND FAMILY SERVICE ASSOCIATION TO

PROVIDE SENIOR SERVICES AT THE NORTON YOUNGLOVE
MULTIPURPOSE SENIOR CENTER.

RECOMMENDATION: That the City Council approve the Amended and Restated Agreement between the City of Calimesa and Family Service Association (FSA) to provide Senior Services at the Norton Younglove Multipurpose Senior Center.

7. REJECTION OF BID RECEIVED FOR CITY HALL AND CD ANNEX CARPET REPLACEMENT.

RECOMMENDATION: That the City Council reject the bid received for City Hall and CD Annex Carpet Replacement Bid No. 2021-10 and authorize staff to re-bid the project.

8. AWARD CONSTRUCTION CONTRACT FOR CITY HALL EXPANSION.

RECOMMENDATION: That the City Council:

1. Award a construction contract to I.E. General Engineering, Inc. for the amount of $435,580 for the construction of the City Hall Expansion; and

2. Approve a construction contingency of 10% for the amount of $43,558, a design budget of $14,500 for plans specifications and bidding, and a budget for the management of construction including inspection and materials testing of 8% in the amount of up to $34,800; and

3. Approve the Plans and Specifications; and

4. Approve Resolution 2022-03, a Resolution of the City of Calimesa Amending the FY 2021-22 Budget to include an additional appropriation from the Development Impact Fee account – Fund 33 – Administrative Facilities Fees for the construction of the City Hall Expansion.

10. APPROVAL OF AGREEMENT FOR RIGHT-OF-WAY WEED CONTROL.

RECOMMENDATION: That the City Council approve an agreement with Rene’s Commercial Management for Right-of-Way Weed Control in the amount of $13,500 and authorize the City Manager to execute the agreement.

MOTION BY COUNCIL MEMBER MOLINA, SECONDED BY MAYOR PRO TEM CERVANTEZ, CARRIED 5-0 TO APPROVE ITEM NO’S 1 – 8 & 10 OF THE CONSENT CALENDAR AS PRESENTED.

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION

9. ACCEPTING LANDSCAPE IMPROVEMENTS AND AWARDING A CONTRACT

FOR LANDSCAPE MAINTENANCE SERVICES FOR CFD MAINTAINED AREAS WITHIN SINGLETON HEIGHTS.

RECOMMENDATION: That the City Council:
1) Accept the landscape improvements for maintenance in Tract 26811; Community Facilities District (CFD 2012-1), and
2) Award a contract to Excel Landscape to provide landscape maintenance services.

Council Member Molina questioned whether graffiti removal was standard of a landscape contract. Public Works Director Monson replied that it was.

MOTION BY COUNCIL MEMBER MOLINA, SECONDED BY COUNCIL MEMBER HEWITT, CARRIED 5-0 TO ACCEPT THE LANDSCAPE IMPROVEMENTS FOR MAINTENANCE IN TRACT 26811; COMMUNITY FACILITIES DISTRICT (CFD 2012-1)

AND AWARD A CONTRACT TO EXCEL LANDSCAPE TO PROVIDE LANDSCAPE MAINTENANCE SERVICES.

POLICE CHIEF COMMENTS & REPORTS
Captain Salas reported 362 calls for service between January 18th and February 6th , 9 arrests, 1 overdose resulting in death, 1 DUI, 2 traffic collisions, 10 citations, 3 grand thefts, 5 petty thefts, 3 burglaries and 4 vehicle burglaries. He further reported a countywide increase in various crimes.

FIRE CHIEF COMMENTS & REPORTS
Interim Fire Chief O’Connell reported that a “Letter of Intent” regarding the paramedic program was sent to REMSA, adding that 4 of the full-time firefighters are currently enrolled in paramedic classes.

MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234.

Council Member Duvall reported that she attended a meeting of the San Gorgonio Pass Water Alliance on January 26, 2022, adding that they appointed new officers for 2022 and discussed presentations and topics for future meetings. She further reported that she attended a TNOW meeting on February 3, 2022 where the University of Riverside conducted a R’Cycle Co-op presentation, which is a student organization that focuses on building up and supporting the cycling community on campus and across Southern California.

Council Member Molina reported that she attended an RCTC meeting on January 21st and an RTA Board and Executive Committee meeting on January 24th, as well as an RTA Budget and Finance Committee meeting.

Council Member Hewitt reported that she attended a WRCOG meeting on February 7th via zoom where they talked about the “REAP” program, which is grant funding to help with the new housing requirements and new laws, adding it was free to the cities. She further reported that Riverside County Supervisor Karen Spiegel announced the end of the mask mandate on February 15, 2022.

Mayor Pro Tem Cervantez reported that he attended an RCA meeting on February 7th where they talked about the subcommittee of stake holders that were appointed, adding that they will well represent and are from many diverse organizations. He further reported that they discussed a “World Logistics Center” planned in Moreno Valley off the 60 and Gillman Springs Road.

Mayor Davis welcomed Barbara Daniels, a Calimesa resident who was in attendance and mentioned her mother Ruby who would be turning 99 years old.

BUSINESS ITEMS

11. COUNTY LINE ROAD (CLR) TRANSPORTATION CORRIDOR

IMPROVEMENTS PROJECT, CONSTRUCTION CONTRACT AWARD
RECOMMENDATION: That the City Council:

1. Award a contract to Roadway Engineering and Construction Corporation in the amount of $8,185,689.00 for construction of roadway and drainage improvements along County Line Road between Park Avenue and Bryant Street; and

2. Authorize 10% construction contingencies in the amount of $818,569.00 for project change orders; and

3. Approve the Plans and Specifications for construction of roadway and drainage improvements along County Line Road between Park Avenue and Bryant Street; and

4. Authorize the City Manager to execute minor change orders not exceeding the authorized construction contingencies; and

5. Authorize a construction management, geotechnical engineering, and survey budget of $880,000.

City Engineer Thornton presented the agenda report and provided a power point presentation. City Manager Johnson presented the Budget Summary part of the report stating that an amendment to the Fair Share Agreement with the City of Yucaipa would be brought to the next Council meeting for approval. She added that the amendment will “true-up” the funding allocation amounts and will provide clarity of each of the City’s payment responsibilities.

After Council discussion, the following action was taken:

MOTION BY COUNCIL MEMBER DUVALL, SECONDED BY COUNCIL MEMBER HEWITT, CARRIED 5-0 TO AWARD A CONTRACT TO ROADWAY ENGINEERING AND CONSTRUCTION CORPORATION IN THE AMOUNT OF $8,185,689.00 FOR

CONSTRUCTION OF ROADWAY AND DRAINAGE IMPROVEMENTS ALONG COUNTY LINE ROAD BETWEEN PARK AVENUE AND BRYANT STREET; AND AUTHORIZE 10% CONSTRUCTION CONTINGENCIES IN THE AMOUNT OF $818,569.00 FOR PROJECT CHANGE ORDERS; AND APPROVE THE PLANS AND

SPECIFICATIONS FOR CONSTRUCTION OF ROADWAY AND DRAINAGE

IMPROVEMENTS ALONG COUNTY LINE ROAD BETWEEN PARK AVENUE AND BRYANT STREET; AND AUTHORIZE THE CITY MANAGER TO EXECUTE MINOR

CHANGE ORDERS NOT EXCEEDING THE AUTHORIZED CONSTRUCTION CONTINGENCIES; AND AUTHORIZE A CONSTRUCTION MANAGEMENT, GEOTECHNICAL ENGINEERING, AND SURVEY BUDGET OF $880,000.

12. 2021-22 MID-YEAR FINANCIAL AND BUDGET REPORT
RECOMMENDATION: That the City Council approve Resolution No. 2022-04 A Resolution of the City Council of the City of Calimesa amending the Fiscal Year 2021-22 Budget to include recommended adjustments.

Finance Director Reid presented the agenda report and provided a power point presentation.

After Council discussion, the following action was taken:

MOTION BY COUNCIL MEMBER MOLINA, SECONDED BY MAYOR PRO TEM

CERVANTEZ, CARRIED 5-0 TO ADOPT RESOLUTION NO. 2022-04, A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF CALIMESA AMENDING THE FISCAL YEAR 2021-22 BUDGET TO INCLUDE RECOMMENDED ADJUSTMENTS.

COUNCIL MEMBERS’ COMMENTS & REPORTS
This is the time for additional general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b).

Council Member Hewitt thanked Finance Director Reid for her great work on the mid-year review.

Council Member Molina also thanked Finance Director Reid for her work on the mid-year budget, stating that the City is off to a good strong start in 2022.

Council Member Duvall announced new mandatory water restrictions, stating that the State Water Resources Control Board adopted a resolution effective January 18th setting forth drought-related emergency regulations for urban water conservation. She added that the action implements mandatory water restrictions replacing the voluntary restrictions the State has had in place for the past few years. She stated that more information was available on the Yucaipa Valley Water District website. She further announced 2 DMV Kiosk’s available in the Yucaipa Vons Grocery Store and the Banning Albertsons Grocery Store and to visit dmv.ca.gov for more information. She concluded her comments by giving a “Shout-out” to Finance Director Reid for ensuring our city maintains a healthy financial position.

Mayor Davis spoke regarding people approaching others and asking for money etc. He urged all to be careful, as there are a lot of con-artists out there right now.

CITY MANAGER COMMENTS & REPORTS
City Manager Johnson expressed her thanks to Finance Director Reid for the great Midyear budget report, adding that she did a great job.

RECESS TO CLOSED SESSION
City Attorney Barrow announced the Closed Session Item and Mayor Davis recessed the meeting to Closed Session at 7:09 p.m.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager

CLOSED SESSION ANNOUNCEMENT
a. No reportable action.

ADJOURNMENT
Meeting was adjourned at 7:50 p.m. to the Regular Meeting of the City Council on Tuesday, February 22, 2022 at 6:00 p.m.

Respectfully Submitted,
Darlene Gerdes, City Clerk

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: February 22, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Parks, Trails & Community Services Commission meeting of October 6, 2021 and the Joint Planning Commission/Parks, Trails 7 Community Services Commission Workshop of November 8, 2021.

ATTACHMENTS:

Attachment A: Parks, Trails & Community Services Commission action minutes of October 6, 2021 regular meeting.

Attachment B: Joint Planning Commission/Parks, Trails & Community Services Commission Workshop action minutes of November 8, 2021.

Attachment 2A

Attachment 2B

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: February 22, 2022
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $487,683.96 (Check Nos. 38227-38293) b) February 3, 2022 Payroll of $80,819.02

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON

THE AGENDA
MEETING DATE: February 22, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk This permits reading the title only in lieu of reciting the entire text of the ordinances. This does not take
policy action on the Ordinances or approve or
disapprove any Ordinances on the agenda.

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE

EXPENSES
MEETING DATE: February 22, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through January 31, 2022.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through January 31, 2022.

FISCAL YEAR 2021-22

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 5A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
17-Jun Registration for LOCC Conference $ 625.00 24-Aug Beaumont State of City $ 45.00 22-Sep Hotel for LOCC Conference $ 526.50 14-Oct Banning State of the City $ 51.25 23-Sep CalCities Riverside Division Meeting $ 60.00
TOTAL TRAVEL/TRAINING $ 1,211.50 TOTAL MEETING/MILEAGE $ 96.25 REMAINING BALANCE $ 238.50 REMAINING BALANCE $ 503.75

JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2021-22

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 5A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,900.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
17-Jun Registration LOCC Annual Conference $ 625.00
22-Sep Hotel for LOCC Annual Conference $ 526.50
23-Sep CalCities Riverside Division Meeting $ 60.00
TOTAL TRAVEL/TRAINING $ 1,211.50 TOTAL MEETING/MILEAGE $ - REMAINING BALANCE $ 238.50 REMAINING BALANCE $ 600.00

LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

BILL DAVIS TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2021-22

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 5A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
25-Aug Cancel Fee LOCC Conference $ 75.00 24-Aug Beaumont State of City $ 45.00 20-Jan New Mayors/Council Academy $ 250.00 14-Oct Banning State of City $ 51.25 27-Jan Beaumont Chamber Installation $ 55.00
TOTAL TRAVEL/TRAINING $ 325.00 TOTAL MEETING/MILEAGE $ 151.25 REMAINING BALANCE $ 1,125.00 REMAINING BALANCE $ 448.75

WYNONA DUVALL TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
JANUARY 31, 2022
MEETING DATE: February 22, 2022
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended January 31, 2022.

BACKGROUND: Pursuant to Council Resolution No. 2021-51 approved on November 15, 2021, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: The significant transactions during the month were the following:
• LAIF interest income for the quarter ended December 31, 2021 of $14,562.00 was credited on January 14, 2022.
• Cash in the amount of $800,000 was transferred on January 27, 2022, from Bank of America General Checking account to LAIF to manage cash position and increase investment income.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended January 31, 2022.

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: COUNCIL APPROVAL OF AN ALLOCATION OF FUNDS TO BE

USED FOR COMPUTER NETWORK IMPROVEMENTS AND
STREAMING CAPABILITIES IN THE SR. CENTER.

MEETING DATE: February 22, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve Resolution No. 2022-06, amending the FY 2021-22 Budget to include an additional appropriation to the Information Technology Account for Computer Network Improvements and Streaming Capabilities in the Sr. Center.

BACKGROUND: On March 4, 2020 Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19 and signed Executive Order N-29-20 which amended the Brown Act allowing a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to this requirement and assessing our current set up of the Sr. Center, staff determined that the best option of making the meetings accessible to the public was to implement the streaming of City Council and Planning Commission meetings on Facebook Live. Currently the Sr. Center large room is not set up with the appropriate network data ports to accommodate a telephone or appropriate video conferencing capabilities. Staff believes that even when the current State of Emergency is undeclared by the Governor, the requirement to make public meetings accessible telephonically or otherwise electronically will most likely remain a requirement of the Brown Act.

Currently many local and state governments stream their public meetings from their websites and/or through the YouTube platform. Staff would like to move from the Facebook Live option of streaming and provide streaming options from the City’s website. In order to make that happen, network data ports, cameras, computers, and streaming software will need to be purchased and installed in the Center. Additionally, a designated area in the center will need to be improved and arranged in such a way to accommodate the computer, audio, and visual equipment necessary to successfully complete this project. The costs of the project are not currently allocated in the 2021-22 FY Budget and therefore Council approval of an allocation is necessary. Staff estimates a cost not to exceed $25,000.

As a member of the California Intergovernmental Risk Authority (CIRA) formerly known as PARSAC, there are various grant opportunities offered to its members. Each member also has a Flexible Spending Account that can be used for any project. Currently the City of Calimesa has a Flexible Spending Account balance of $69,917.00. It is staffs intention to request funds from this

Flexible Spending Account to pay for this project. CIRA requires that the City apply for the project, obtain approval, and seek reimbursement once all expenditures have been paid by the City. Staff continues to receive quotes for the project costs, but believes an allocation of $25,000 is appropriate for this project, as there will be cost savings in utilizing city staff to work jointly with its IT Contractor Acorn Technologies in completing this project.

FISCAL IMPACT: There will be no overall impact to the General Fund Budget. The FY 2021-22 General Fund Budget requires an amendment to include an appropriation of $25,000 to the Information Technology Department Fund 2100-7720 Supplies-Equipment, as well as an increase of $25,000 in Miscellaneous Revenue (01-0000-4625) to recognize the reimbursement from CIRA.

ATTACHMENTS:

Attachment A: Resolution No. 2022-06

RESOLUTION 2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA CALIFORNIA, AMENDING THE FY 2021-22 BUDGET

TO INCLUDE AN ADJUSTMENT IN INFORMATION

TECHNOLOGY IN THE GENERAL FUND
WHEREAS, on March 4, 2020 Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19 and signed Executive Order N-29-20, which amended the Brown Act allowing a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and
WHEREAS, currently the Sr. Center large room is not set up with the appropriate network data ports to accommodate a telephone or appropriate video conferencing capabilities; and
WHEREAS, the costs of the project are not currently allocated in the 2021-22 FY Budget and therefore Council approval of an allocation is necessary; and WHEREAS, the City is a member of the California Intergovernmental Risk Authority (CIRA) formerly known as PARSAC; and
WHEREAS, CIRA will reimburse the City for the proposed expenditure through its Flexible Spending Account.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

The Fiscal Year 2021-22 General Fund Budget is hereby amended as follows:
• Increase appropriations in account 01-2100-7720 by $25,000 • Increase revenue in account 01-0000-4625 – Miscellaneous Revenue by $25,000
PASSED, APPROVED, and ADOPTED this 22nd day of February 2022. _____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 7A

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (ONCALL PLANNING) WITH MICHAEL BAKER INTERNATIONAL, INC.

MEETING DATE: February 22, 2022
PREPARED BY: Kelly Lucia, Planning Manager
RECOMMENDATION: It is respectfully recommended that the City Council approve the Agreement for professional consulting services (on-call planning) between the City of Calimesa and Michael Baker International, Inc.

BACKGROUND/DISCUSSION: As the Council is aware, the City is currently experiencing a great deal of proposed entitlement and development activity. This development activity is occurring in the City’s downtown area and existing core, within the Summerwind Ranch Specific Plan area, and within the Mesa Verde Specific Plan area. Additionally, staff anticipates future residential, commercial, and industrial projects east/southeast of Singleton Road. The Planning Department is currently staffed with two full-time employees – one Planning Manager and one Associate Planner.

The City previously contracted with Fairbanks Consulting, who provided on-call services from approximately November 2019 to December 2021. Due to the volume of development that is occurring, the City is in need of an alternative professional services contract.

The proposed consultant, Michael Baker International, Inc (“MBI”), has a qualified team that is capable of providing the full range of skills including planning-related development and land use project review/entitlement processing, public counter services, plan check services, map review, CEQA document preparation, regulatory permitting support, and peer reviews of CEQA documents and associated technical reports. The MBI team includes senior planning and CEQA practitioners who have provided services as extension of staff for a variety of local agencies, including Riverside County Planning Department, City of Eastvale, City of Banning, City of Yucaipa, City of Redlands, City of Grand Terrace, and San Bernardino County Transportation Authority (SBCTA). MBI offers planning services out of their Palm Desert office with additional support from their Inland Empire offices in Temecula and Ontario.

The proposed scope of the consultant’s work will include the following:

On call planning services to include a wide range of planning and entitlement projects, including specific plans, General Plan amendments, tentative tract/parcel maps, conditional use permits, development plan reviews, and other miscellaneous tasks as assigned in writing by the Calimesa Planning Manager.

This agreement contains an initial term, a provision for a one-year automatic extension, a scope of work, and payment rates.

FISCAL IMPACT: The initial contract period (from adoption through June 30, 2022) is a not-toexceed amount of $60,000. It is anticipated that approximately half of this amount will be charged directly to development project deposits. Thus, the net General Fund impact is estimated to be $30,000. This amount is available in the adopted 2021-22 Planning professional services budget.

ATTACHMENTS:

Attachment A: Agreement for Professional Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF CALIMESA AND MICHAEL
BAKER INTERNATIONAL, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective as of February 22, 2022, between the City of Calimesa, a California municipal corporation (“City”) and Michael Baker International, Inc., a Pennsylvania corporation (“Consultant”).

RECITALS
A. The City has determined that it requires a consultant and independent contractor to provide certain planning consulting services for City.

B. Consultant represents that Consultant has the necessary education, experience, skills and expertise to provide the type of services needed by City to provide planning consulting services.

C. Consultant has previously provided planning consulting services to the City in a satisfactory manner.

D. The Parties desire to execute this Agreement pursuant to the authority and approval of the City Council.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

AGREEMENT

1. TERM.

Subject to the terms and conditions set forth in this Agreement, the term of this Agreement shall commence on February 22, 2022 and shall continue thereafter, through and including June 30, 2022 unless sooner terminated or renewed pursuant to the provisions of this Agreement.

This Agreement shall automatically renew for a period of one (1) additional year, from July 1, 2022 through June 30, 2023 unless notice of intent not to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to its expiration date.

2. SERVICES.

A. Consultant shall perform the professional services, tasks and duties (collectively “Services”) described and set forth in Exhibit A, Services to be Performed, attached hereto and incorporated herein as though set forth in full. Consultant shall perform the Services in accordance with the Standard of Care.

B. Consultant shall acquire and maintain at its sole cost and expense such vehicle(s), equipment and supplies as Consultant requires to conduct the Services required by this Agreement, as set forth below.

Attachment 8A

C. In performing any and all Services as provided in this Agreement, Consultant shall serve as and shall be an independent contractor of City and not an employee of City. In accepting this engagement, Consultant agrees that Consultant is an independent contractor and not an employee of City.

3. PERFORMANCE.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall forthwith undertake and complete all services under this Agreement in accordance with the terms of Exhibits A and B, attached hereto and incorporated herein by this reference, and all in accordance with Federal, State, and City statutes, regulations, ordinances, and guidelines in effect at the time of performance, and all services shall be performed to the reasonable satisfaction of City.

4. PAYMENT.

A. City shall pay Consultant monthly for Services actually provided, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A (Services to be Performed) and Exhibit B (Payment Rates and Schedule), attached hereto and incorporated herein by this reference as though set forth in full. Payment under this Agreement shall be based upon actual time spent on the Services. The total amount paid to Consultant during the initial term of the Agreement ending June 30, 2022 shall not exceed Sixty Thousand Dollars ($60,000.00) plus expenses authorized in accordance with Exhibit B unless additional payment is approved as provided in this Agreement. The total amount paid to Consultant during the optional one-year renewal period beginning July 1, 2022 shall not exceed Sixty Thousand Dollars ($60,000.00), plus expenses authorized in accordance with Exhibit B, unless additional payment is approved as provided in this Agreement. Consultant’s compensation includes payment of all taxes, insurance and fringe benefits, as well as indirect costs, overhead and profit allowance, vehicles, travel, equipment, materials and supplies, except as otherwise authorized in Exhibit B.

B. Consultant shall not be compensated for any tasks, duties or work rendered in connection with its performance of this Agreement which are in addition to those set forth herein on Exhibit A, unless such additional tasks, duties or work are authorized in advance by the City Council pursuant to an amendment to this Agreement and approved in writing by the City Manager.

C. Consultant shall submit invoices monthly for actual services performed by Consultant. Invoices shall be submitted between the first and fifteenth business day of each month, for Services provided by Consultant in the previous month. Payment shall be made by City as to all non-disputed fees within thirty (30) days of receipt of each invoice. If City disputes any of Consultant’s fees, City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Notice shall be sent in accordance with Section 12.

D. City shall issue an IRS Form(s) 1099 to Consultant for payment(s) made by City for Services performed by Consultant under this Agreement. City shall not withhold any federal or state payroll and other taxes, or deductions of any kind, from each payment made to Consultant. Consultant is solely responsible for (and City has no obligation with respect to) payment of all federal income taxes, state income taxes, FICA, and other taxes owed by Consultant, or which are claimed to be owed by Consultant, arising out of Consultant’s

performance of any Services under this Agreement and Consultant’s receipt of compensation for Services performed hereunder, or by any of Consultant’s employees hired by Consultant to assist it in its performance of Services under this Agreement. Consultant shall be responsible for all federal and state income tax consequences arising from this Agreement and the performance of Services under this Agreement, and shall be responsible for all payment of compensation, taxes, insurance and fringe benefits to Consultant’s employees. Consultant shall defend, indemnify and hold City harmless from and against, and shall defend City against all losses, damages, claims, costs, penalties, liabilities, and expenses with respect to any such taxes.

5. TERMINATION OF AGREEMENT.

A. Termination by City. City may terminate this Agreement at any time, with or without cause, by giving Consultant at least thirty (30) days’ advance written notice of the effective date of termination, unless the Parties otherwise agree in writing, provided, however, that prior to termination for cause City shall provide Consultant written notice of Consultant’s default and Consultant shall have no less than ten (10) days to commence cure of such default, and only upon Consultant’s failure to commence cure shall City be able to terminate for cause. Upon receipt of a notice of termination from the City, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

B. Termination by Consultant. Consultant may terminate this Agreement at any time, with or without cause, by giving City at least thirty (30) days’ advance written notice of the effective date of termination, unless the Parties otherwise agree in writing. Upon City’s receipt of a notice of termination from Consultant, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise or the Parties agree otherwise in writing.

C. In the event this Agreement is terminated pursuant to this Section 5(A) or (B), City shall pay to Consultant the actual value of the Services performed by Consultant up to the time of termination in accordance with Exhibit B, provided that Consultant has performed the services in accordance with this Agreement. Payment by City of any such Services shall be contingent upon Consultant’s service upon City of an invoice to City pursuant to Section 3 for the actual value of Services performed up to the time of termination. In no event shall Consultant receive more than the maximum compensation specified in Section 4(A), above.

6. OWNERSHIP OF DOCUMENTS.

A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services by City. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or City’s designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom and/or copies thereof, as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four (4) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services

to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to City, upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

C. In the event of expiration of this Agreement, or termination pursuant to Section 5, Consultant shall promptly and immediately(and in any event no later than the effective date of such expiration or termination) deliver to City all keys, security access codes, computers, computer disks, supplies, materials, equipment, records and documents (including but not limited to plans, data, studies, surveys, drawings, maps, models, photographs, reports and writings of any kind whatsoever, whether in computer form or hard copy, and whether in draft or final form), related to Consultant’s Services obtained or prepared by Consultant exclusively in the performance of the Services under this Agreement.

7. INDEMNIFICATION.

A. Indemnification by City. City shall indemnify and hold Consultant harmless, including providing for adequate representation, from and against any and all alleged claims, damages, liabilities, costs and expenses, as well as reasonable attorneys’ fees and other legal or other costs and expenses which may be suffered or incurred by Consultant arising from third party claims as a result of Consultant’s services pursuant to this Agreement, unless such claims, damages, liabilities are a result of Consultant’s gross negligence or willful misconduct.

B. Indemnification by Consultant.
(1) Indemnification for Professional Liability. To the maximum extent permitted by law, Consultant shall indemnify, and hold City, and City’s elected and appointed officials, officers, employees, agents and volunteers (collectively the “Indemnitees”), free and harmless from and against any and all third party claims for losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent the same are caused by the negligence, recklessness or willful misconduct of Consultant, or any of Consultant’s officers, officials, employees, agents, contractors, or volunteers, in the performance of professional services pursuant to this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any such claims with counsel of City’s choice. Notwithstanding the foregoing, Consultant shall not be required to indemnify the City to the extent of City’s sole negligence or sole willful misconduct.
(2) Indemnification for Other than Professional Liability. Except for the performance of professional services hereunder, and to the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, and City’s elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnitees”), free and harmless from all liability including liability for third party claims, suits, actions, expenses or costs of any kind, whether actual, alleged, or threatened, attorney’s fees incurred by City, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the performance of this Agreement by Consultant, or any of Consultant’s officers, officials, employees, agents, contractors, and/or volunteers, and which result in bodily injury, property damage, and personal injury to any individual or entity, including but not limited to the officers, officials, employees, agents, volunteers, and/or contractors, of Consultant.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any such

Claims with counsel mutually agreed to by Consultant and City. Notwithstanding the foregoing, Consultant shall not be required to indemnify the City to the extent of City’s sole negligence or sole willful misconduct.
(3) Consultant’s covenants under this Section 7(B) shall survive the termination or expiration of this Agreement.

C. The indemnification requirements contained in this Section 7(A) and (B) apply regardless of insurance coverage.

8. INSURANCE.

During the term of this Agreement, Consultant shall procure and maintain automobile liability insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services required under this Agreement by Consultant and/or its personnel, to the extent and with the minimum levels of coverage as set forth below. If Consultant uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Consultant shall amend, supplement or endorse the existing coverage to do so.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Automobile Liability Insurance: Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto).

Limits shall be no less than one million dollars ($1,000,000) per accident and one million dollars ($1,000,000) aggregate. Starting and ending dates shall be concurrent. If Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
(2) Workers' Compensation/Employer's Liability: If Consultant has any employees while performing under this Agreement, Consultant shall provide Workers’ Compensation insurance as required by the State of California. If Consultant has no employees while performing under this Agreement, workers’ compensation insurance is not required, but Consultant shall execute a declaration under penalty of perjury that he has no employees.

B. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the City Manager’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and designated volunteers, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. All insurance coverage and limits provided pursuant to this Section shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Section or the Agreement limits the application of such insurance coverage.

D. The insurance provided by Consultant shall be primary to any coverage available to City and shall contain provisions for waiver of subrogation. Consultant hereby waives all rights of subrogation against City.

E. All insurance policies provided pursuant to this Agreement, or any other agreements pertaining to the performance of the Agreement, shall not prohibit Consultant, and

Consultant’s employees or agents, from waiving the right of subrogation against City prior to a loss.

F. Unless otherwise approved by City, Consultant's insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best's” Insurance Guide rating of “A:VII+.” Self-insurance will not be considered to comply with these insurance specifications.

G. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant.

H. Consultant shall provide evidence of the insurance required herein, satisfactory to City, consisting of Standard Acord insurance certificate(s) of insurance evidencing all of the coverages required. Certificate(s) are to reflect that the insurer will provide thirty (30) days prior written notice of any cancellation of coverage and all policies must be endorsed accordingly. Consultant shall require its insurer to modify such certificates and endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation and to delete the word “endeavor” with regard to any notice provisions. Consultant shall provide copies of policies to City upon request, which may be redacted if required by Consultant’s Chief Legal Officer.

I. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

J. If Consultant does not keep the policies and coverages in effect as required by this Exhibit and the Agreement, or other equivalent insurance acceptable to City, City may immediately terminate the Umbrella Agreement this Agreement.

K. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement or to inform Consultant of noncompliance with any insurance requirements in no way waives any right or remedy of City or any additional insured, in this or any other regard.

L. Consultant shall provide immediate notice to City of any claim or loss against Consultant that includes City as a defendant. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

M. Any insurance provided pursuant to the requirements set forth in this Agreement shall not be limited to coverage for the vicarious liability or supervisory role of any additional insured. All insurance coverage and limits provided are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.

9. INDEPENDENT CONTRACTOR.

A. Consultant is and shall at all times remain as to the City an independent contractor and shall perform all Services under this Agreement as an independent contractor. This Agreement shall not and is not intended to engage Consultant as an agent, servant, or employee of City and shall not nor is it intended to create any employer-employee relationship, partnership, joint venture, or similar association between City and Consultant, or to otherwise create any liability for either party with respect to the indebtedness, liabilities, and obligations of the other party. Neither City nor any of their officers, employees, agents, or volunteers shall have control over the conduct of Consultant except as set forth in this Agreement with respect to the results required under this Agreement. Consultant shall not at any time or in any manner represent that he is in any manner an officer, employee or agent of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner. Subject to Consultant’s obligations to provide the Services set forth in Exhibit A, attached hereto, to achieve the results set forth therein, and the minimum requirements set forth in this Agreement, Consultant has the sole right and obligation to supervise, manage, operate, control, and direct the performance of all Services required by and performed pursuant to this Agreement.

B. Consultant and its employees shall not be entitled to any health and welfare employee benefits from City, or any other benefits provided by City, including but not limited to, health insurance, accrued vacation or paid leaves of absence, or any other benefits, payments or compensation of any kind that may be provided to any employee of City. Consultant, and its employees, are not employees of City and are not members of the personnel system or classified service of City. As such, Consultant and its employees shall not have any rights or benefits of an employee under the Calimesa Municipal Code, any provision of the Calimesa Personnel Rules and Regulations, or any memorandum of understanding between City and any of City’s bargaining units. Except for the fees paid to Consultant as provided in Section 4 of this Agreement, City shall not pay any compensation of any kind to Consultant for performance of any Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES.

Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner may affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, employees, agents, and volunteers, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section.

11. RELEASE OF INFORMATION.

A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant shall not without written authorization from the City Manager or unless requested by the City Council, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City.

Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate reasonably with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

12. NOTICES.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attention: Bonnie Johnson, City Manager
To Consultant: _________________
Attention: _________, Principal

13. ASSIGNMENT.

City is entering into this Agreement with Consultant based on Consultant’s specialized expertise, training and knowledge. Consultant shall not assign or delegate the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. City shall not assign this Agreement in whole or in part without prior written consent of Consultant.

14. NONDISCRIMINATION.

Consultant shall not discriminate against or harass or retaliate against any person for any reason including but not limited to on the basis of race, color, creed, religion, sex, marital status, national origin, ancestry, age physical or mental handicap, medical condition, sexual orientation, or on any other basis prohibited by law, in the performance of Consultant’s Servicers required by this Agreement, nor shall Consultant retaliate against any person who exercises his/her rights under any federal or state law prohibiting discrimination, harassment and/or retaliation. Consultant covenants and agrees that Consultant and its officers, employees and agents shall comply with all

ordinances, rules, regulations and policies of City relating to non-discrimination, harassment and retaliation.

15. LICENSES.

At all times during the term of this Agreement, Consultant shall have in full force and effect, a City business license and all other licenses required of Consultant by law for the performance of the services described in this Agreement.

16. GOVERNING LAW.

The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this Agreement.

17. JURISDICTION AND VENUE.

Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Calimesa.

18. CONFLICT OF INTEREST
A. Consultant and its employees shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of providing services to City under this Agreement or that tend to impair independence of judgment or action in the provision of services under this Agreement. Personal interest, as distinguished from financial interest, includes an interest arising from blood or marriage relationships or close business, personal, or political relationships or close business, personal or political associations. This Section 18 shall not prohibit independent acts or other forms of enterprise during those hours not covered by Consultant’s active engagement for City, providing such acts do not constitute a conflict of interest as defined herein.

B. Consultant and its employees shall also be subject to the conflict-of-interest provisions of the California Government Code and any conflict-of-interest code applicable to Consultant’s providing services to City under this Agreement.

C. Consultant and any of its employees that are appointed by City to hold a position for City that is designated by state law (Government Code Section 87200) or by City Conflict of Interest Code to disclose economic interests, are responsible for submitting to City Clerk the appropriate Conflict of Interest Statements (Form 700 - Statement of Economic Interests) within 30 days after the commencement of services under this Agreement, annually thereafter, and at the time of termination of this Agreement.

D. No officer, or employee of City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, Consultant, during its tenure or for one year thereafter. Consultant hereby warrants and represents to City that no officer or employee of City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of Consultant or Consultant’s sub-contractors on this project. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. Nothing in this Section 18 shall modify Consultant’s status as an independent contractor of City.

19. AMENDMENTS.

This Agreement may be amended at any time by mutual agreement of City and Consultant.

Any amendment shall be in writing and approved by the City Council.

20. COOPERATION
In the event any claim or action is brought against City relating to Consultant’s performance of Services under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require at City’s sole expense.

21. WAIVER.

Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

22. SEVERABILITY.

If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it is not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto.

23. CONTRACT INTERPRETATION.

In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation for or against the drafting party.

24. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. In the event of a conflict between the provisions of this Agreement and the exhibits hereto, the text of this Agreement shall prevail.

25. AUTHORITY TO EXECUTE THIS AGREEMENT.

The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

26. FORCE MAJEURE.

In no event shall either Party have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the result of causes beyond the reasonable control of the other party due to any occurrence commonly known as a “force majeure,” including, but not limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body; labor dispute or shortage; national emergency; insurrection; riot; or war.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF CALIMESA
William Davis
Mayor
ATTEST:

Darlene Gerdes,
City Clerk
______________________________Consultant
By:

Name:

Title: Principal
By:

Name:

Title:

EXHIBIT A
SERVICES, TASKS AND DUTIES TO BE PERFORMED (“SERVICES”) On call planning services to include a wide range of planning and entitlement projects, including specific plans, General Plan amendments, tentative tract/parcel maps, conditional use permits, development plan reviews, and other miscellaneous tasks as assigned in writing by the Calimesa Planning Manager.

EXHIBIT B

PAYMENT RATES

Cost Proposal
Planning Rate Classification Hourly Rate, Year 1
Principal/Project Director/Program Manager $195 to $240 Senior Planning Project Manager $180 to $210
Planning Technical Manager $170 to $200
Planning Project Manager $150 to $175
Senior Planner/Architect/Scientist $135 to $160
Associate Planner/Architect/Scientist $115 to $130
Assistant Planner/Architect/Scientist $90 to $115
Senior GIS Analyst/Graphic Artist $140 to $160
GIS Analyst/Graphic Artist $80 to $110
Office Support/Clerical/Technical Editor $80 to $95
Engineering Rate Classification Hourly Rate, Year 1
Professional Engineer for Stamp/Signing $250 to $300
Engineering Plan Review $130 to $160
Staff Specific Rates Classification Hourly Rate, Year 1 Emily Elliott Project Manager $170
Tamara Harrison Senior Planner $160
Jon Braginton Senior Planner $110
 Rates will be escalated 5% per year.
 Michael Baker's rate ranges are determined by years of experience and professional qualifications.  Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%.
 Vehicle mileage will be charged as an additional cost at the IRS approved rate.

Contracting with Michael Baker
Michael Baker appreciates the opportunity to preview the consultant services agreement that will be utilized by the City of Calimesa for this project. Contract documents may be submitted to Ms. Elliott at [email protected].

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: AMEND AND RESTATE THE FAIR SHARE AGREEMENT

FOR COUNTY LINE ROAD CORRIDOR IMPROVEMENTS
PARK AVENUE TO BRYANT STREET SB 1 2018 LOCAL

PARTNERSHIP PROGRAM GRANT
MEETING DATE: February 22, 2022
PREPARED BY: Bonnie Johnson, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council:

1. Approve the Amended and Restated Fair Share Agreement for the County Line Road Corridor Improvements from Park Avenue to Bryant Street SB 1 2018 Local Partnership Program Grant; and

2. Approve Resolution 2022-07 a Resolution of the City Council of the City of Calimesa California, amending the Fiscal Year 2021-22 Budget to include an adjustment in the Street and Traffic Development Impact Fee (Fund 36) for the construction of the County Line Road Corridor Improvement Project including design, construction, contingency, and construction management.

BACKGROUND: The Cities of Calimesa and Yucaipa are collaborating on construction of roadway and drainage improvements along County Line Road (CLR) between Park Avenue and Bryant Street. Since the proposed improvements are located in both cities, the cities have executed two fair share agreements that identified funding obligations of both cities. On March 5, 2018, and November 2, 2020, Council approved the respective agreements. This report pertains to the November 2, 2020, agreement.

In January of 2018, Calimesa and Yucaipa partnered on a grant application for SB 1 Local Partnership Program (LPP) funding in the amount of $3,747,000. This grant was not only targeting other areas on County Line Road not covered by the ATP and MSRC grants, but also overlapped with the 2018 Agreement for improvements not covered by ATP and MSRC; namely the multiple roundabouts (intersection improvements) planned for County Line Road. The cities were awarded this grant in the May of 2018. Funds were allocated by the CTC to the cities on March 25, 2021.

The cities have 12 months after the date of allocation to award a contract. After award of the contract, the cities have up to 36 months to complete the construction. The grant amounts are shared between the two cities – see the Fiscal Impact section below.

As you may recall, on February 7, 2022, Calimesa City Council awarded a contract for construction of the above project to be partially funded by LPP. At that meeting, staff advised that the LPP Fair Share Agreement would come back to you on February 22, 2022, to update each City’s funding obligations to reflect the awarded bid and actual costs leading up to construction. As such that Agreement has been amended and restated. Attached to this staff report is a redline (track changes) version of said Agreement. It should be noted that Yucaipa staff plans to take the Agreement, as amended, forward to their City Council on February 28th. Concurrently, our City Engineer and City Clerk are working to with the contractor to obtain all required signatures, insurance and bonds necessary to proceed.

FISCAL IMPACT: Calimesa’s estimated total fiscal impact from the 2018 Agreement (as amended by the November 2020 agreement) is $596,000. Calimesa’s portion of the 2018 Agreement is being funded by SB 1 RMRA (Road Maintenance and Repair Act) annual allocations over five years. The LPP project is an estimated total cost of $13,569,366. The LPP grant, for construction only, is in the amount of $3,747,000. The remaining cost of $9,822,366 is the local match requirement. Calimesa’s local match for the LPP agreement is estimated to be $2,581,027; while Yucaipa’s local match is estimated to be $7,241,339. Calimesa’s fair share will be funded by a combination of Development Impact fees (DIF), RMRA, MSRC Grant and contributions from developers. Although a budget adjustment is necessary (Resolution 2022-07) to properly reflect total project costs and fair share splits, staff does not anticipate having to reallocate any of the funding previously committed to the Citywide paving project.

ATTACHMENTS:

Attachment A: Redline version of Amended and Restated Agreement Attachment B: Resolution 2022-07

AMENDED AND RESTATED FAIR SHARE AGREEMENT

COUNTY LINE ROAD CORRIDOR IMPROVEMENTS

PARK AVENUE TO BRYANT STREET
SB 1 2018 LOCAL PARTNERSHIP PROGRAM GRANT
This Amended and Restated Agreement is made and entered into this __ day of _______, 202220, by the City of Calimesa, a California municipal corporation (“Calimesa”) and the City of Yucaipa, a California municipal corporation (“Yucaipa”).

WHEREAS, the Cities of Calimesa and Yucaipa (collectively referred to as the “Cities” or “Parties” and individually as “City” or “Party”) recognize the need to construct improvements on County Line Road from Park Avenue to Bryant Street in order to improve operation and traffic flow through the intersections, and provide safe paths of travel for pedestrians and bicyclists; and WHEREAS, a critical component of these improvements includes various street improvements and upgrades from Park Avenue to Bryant Street which include the replacement of various intersections at County Line Road from signalized or 4-way stop intersections to roundabout intersections; installation of sidewalks, Americans with Disabilities Act (ADA) curb ramps, bike lanes, and utility relocations; and associated street improvements including street widening and asphalt removal and replacements (hereafter referred to as the “Project”, detailed in Section I below, and shown on Exhibit “A” attached hereto); and WHEREAS, the Cities of Calimesa and Yucaipa have received a SB 1 Local Partnership Program (LLP) Grant in the amount of $3,747,000 for the construction of said Project improvements; and
WHEREAS, the Cities of Yucaipa and Calimesa will mutually benefit from the Project in proportion to the work to be done in each City’s jurisdiction, and agree to fund the outstanding Project costs not covered by this grant, as shown in Exhibit “B”, attached hereto and incorporated herein.

WHEREAS, the Cities of Yucaipa and Calimesa entered into an Agreement titled “Fair Share Agreement County Line Road Corridor Improvements Calimesa Boulevard to Bryant Street” (“Prior Agreement”) dated March 5, 2018, and an the execution of this Agreement titled “Fair Share Agreement County Line Road Corridor Improvements Park Avenue to Bryant Street SB 1 Local Partnership Program Grant” dated November 2, 2020 will that supplemented the Project Scope of Work and both cities Obligations with respect to said Prior “Agreement” and amended Exhibit B of said Prior “Agreement” to reflect estimated funding and cost sharing. as shown on the Exhibit B attached herein.

WHEREAS, the Cities of Yucaipa and Calimesa now desire to Amend and Restate the Agreement titled “Fair Share Agreement County Line Road Corridor Improvements Park Avenue to Bryant Street SB 1 Local Partnership Program Grant” to incorporate updated funding and cost sharing of the Cities based upon awarded bid as reflected on the Exhibit B attached herein.

NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed by the Cities as follows:

Attachment 9A

SECTION I. PROJECT SCOPE OF WORK
A. The Project Scope of Work shall include the design and construction of the following improvements on County Line Road:
• Park Avenue to 5th Street Intersection – Street widening and improvements between Park Avenue and west terminus of 5th Street Intersection, including ADA compliant sidewalks and curb ramps, asphalt pavement, center median, bike lanes, curb and gutter improvements, utility relocations, striping, markings, remove and replace (R&R) the existing asphalt and signage, and associated street improvements. • 5
th Street Intersection – New two-lane roundabout to replace the current signalized intersection including right-of-way acquisition, curb and gutter, sidewalk, ADA curb ramps, utility relocations, bike lanes, striping, markings and signage, associated street improvements, and the extension of a new storm drain and connection to the existing Riverside County Flood Control Calimesa Creek Channel or proposed storm drain if it is constructed first. • 3
rd Street, 2nd Street, California Street and Bryant Street Intersections – New roundabout intersections to replace the current four way stop intersections, between the terminus of lane tapers and connections to proposed and/or existing lane configurations, including right-of-way acquisition, curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
• 5
th Street East (Mid-Block) to 4th Street – Street improvements including curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
• 4
th Street to 3th Street – Street improvements including curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.
• California Street to Bryant Street – Street improvements including curb and gutter, sidewalk, storm drain/drainage improvements, ADA curb ramps, utility relocations, asphalt pavement, bike lanes, striping, markings and signage, and associated street improvements.

SECTION II. OBLIGATION OF BOTH CITIES
A. Both Parties agree to cooperate in a joint effort to complete the Project improvements in a timely and efficient manner to the benefit of results to both communities.

B. Both Parties agree to cooperate in efforts to obtain additional State and Federal funding where practically for mutually beneficial, planning, transportation and park related improvements.

C. Both Parties will strive to meet all timeframes set forth in this Agreement, recognizing certain delays may be unavoidable. The Parties agree to notify each other promptly in the event a situation occurs that will cause delay.

D. Both Parties agree to fund the right of way acquisition required for the Project within their own jurisdiction. Total Project estimates reflected in Sections III and IV below include right of way estimates, however actual costs may vary. Any variance related to right of way costs will be borne by or result in a savings to the respective city.

E. Both Parties agree to negotiate and consider a separate agreement for the master planned improvements to County Line Road, between the I-10 Freeway and the Easterly Beginning of Curve (BC) of the intersection with Calimesa Boulevard. This separate agreement will identify the terms, conditions and fair share obligations for those improvements.

F. Both Parties agree to negotiate and consider a separate agreement for the preparation of the Interstate 10 Interchange at County Line Road Project Study Report-Project Development Support (PSR-PDS). This separate agreement will identify the terms, conditions and fair share obligations for the preparation of the PSR-PDS.

SECTION III. OBLIGATIONS OF CALIMESA
A. Calimesa shall serve as the lead agency for the SB 1 Local Partnership Program Grant Project soliciting Requests for Proposals for special consultants, as required, and awarding contract(s). The Project Scope of Work, as identified in Section I and Exhibit “A”, includes the preparation of plans, specifications and cost estimates (excepting the segment between Park Avenue and up to and including the 5th Street Intersection shown as LPP-1 and LPP-2 on Exhibit B); preparation of required environmental documents; the identification and acquisition of the necessary rights-of-way (excepting the segment between Park Avenue and up to and including the 5 th Street Intersection shown as LPP-1 and LPP-2 on Exhibit B); preparation of bid documents and advertising of bids; construction inspection and management; and project administration.

B. Calimesa shall provide the services of the City Engineer (known as Project Engineer) for the purpose of certifying plans, providing cost estimates, inspections, maintaining all records and providing all reporting as required by the California Department of Transportation (Caltrans), approving all change orders and/or stop notices, and all other work necessary to complete the Project. The Segments may be constructed under one or more contracts in accordance with State law.

C. Calimesa shall provide the services of a Project Manager for the purpose of administering the Project and coordinating the activities of Cities, consultant(s), contractor(s), permitting agencies, and Caltrans.

D. Calimesa shall provide Yucaipa an opportunity to review and comment at all stages during the design of each Segment of the Project.

E. Calimesa shall require consultant(s) and contractor(s) to purchase and maintain the insurance specified in Exhibit “C” naming the Cities of Calimesa and Yucaipa as additional insureds with such insurance as primary to any insurance of either City. Calimesa shall require the contractor(s) to furnish performance and payment bonds as required by State law. Calling of the

bond(s) or use of any proceeds will be initiated by Calimesa at the direction of the Project Engineer).

F. Calimesa shall require the contractor(s) to furnish in advance of the “Notice to Proceed” a traffic control plan(s) mutually agreeable to both Cities.

G. Calimesa shall expend funds as required for the Project. Cities shall be responsible for all Project costs within their own jurisdiction. Approximate project percentages per jurisdiction is identified on Exhibit “B”. Calimesa shall be responsible for the SB 1 2018 Local Partnership Program Grant approved for County Line Road of $3,747,000. Under no circumstances shall the total Project cost of all phases exceed $10,050,00013,600,000 without an amendment to this Agreement.

H. Calimesa shall obtain approval from Yucaipa for each bid package prior to bidding a phase of construction.

I. Calimesa shall allow Yucaipa to inspect all work within the City of Yucaipa’s jurisdiction throughout the Project’s term and to conduct a final inspection of the improvements prior to the recordation(s) of a Notice of Completion(s) for the improvements by Calimesa.

J. Calimesa shall obtain approval from Yucaipa before issuance of any change orders or stop work orders that could potentially affect Yucaipa’s cost. This approval will be assured by requiring the Project Manager or Project Engineer to approve all change orders or stop work orders.

Yucaipa will be made aware of situations where time is of the essence in order to avoid potential delay costs and, in upon such notice from Calimesa, Yucaipa’s review time will be shortened to one (1) business day or the request will be deemed approved.

K. Calimesa shall withhold retention funds from the contractor(s) according to State law.

L. Calimesa shall submit to Yucaipa, on a monthly basis, a status of the work completed to date accompanied by a detailed listing of expenditures of the current month and total spent to date. This will also include a fair share project invoice to Yucaipa if appropriate.

M. Following the recordation of a Notice of Completion, Calimesa shall provide a final accounting of all costs incurred associated with the project as outlined in this Agreement. This accounting, based upon actual project costs, shall be used to determine any reimbursement required from Calimesa to Yucaipa or Yucaipa to Calimesa, and shall be completed no later than sixty (60) calendar days following said recordation.

SECTION IV. OBLIGATIONS OF YUCAIPA
A. Yucaipa shall remain the lead agency with regard to the improvements in the Prior “Agreement” approved on March 5, 2018 for the segments shown as E and F on Exhibit B.

With relation to the SB1 2018 Local Partnership Program Grant funded improvements as reflected in Section III A. of this Agreement, the following shall apply:

B. Yucaipa shall provide the services of its City Engineer for the purpose of certifying plans and as-built plans, reviewing cost estimates, inspections and records as required for each Segment of the Project.

C. Yucaipa shall complete the review and provide comments on all plans, specifications, cost estimates and other documents provided by Calimesa within five (5) working days of receiving the review request from Calimesa or the submittal will be deemed approved. In situations where time may be of the essence and in order to avoid delay costs, Yucaipa will be made aware of those circumstances and the response time will be shortened to one (1) business - day.

D. Yucaipa shall be responsible for the preparation of plans, specifications and cost estimates; and the identification and acquisition of necessary right-of-way for the segment between Park Avenue and up to and including the 5th Street Intersection.

E. Yucaipa shall identify the source of funds and authorize the expenditure of up to $4,410,250 7,242,000 for payment of their share of improvements on this Project, as identified in Exhibit “B”. All costs associated with Section IV D above as well as right-of-way for all other Yucaipa segments, which is estimated to be $ 1,119,5002,279,930, which includes the $571,000259,390 referenced in Section IV E, 1, c below, shall be applied to Yucaipa’s share of improvements on this Project. This results in a net estimated fair share to be paid to Calimesa in the amount of $3,290,7504,962,070. Payment of funds from Yucaipa to Calimesa shall be as follows:
1) Yucaipa shall deposit $653,500435,000 to Calimesa within thirty (30) calendar days from execution of this Agreement by both Cities.

This amount shall be the total Yucaipa share for Project Approval and Environmental; Plans, Specifications and Cost Estimates; and is calculated as follows:
a. $1,224,500 693,000– Yucaipa share for Project Approval and Environmental; Plans, Specifications and Cost
Estimates as identified in the 2018 Local Partnership
Program Application (LPP Application);
b. Minus $571,000258,000 for the cost of Plans, Specifications and Cost Estimates for the segment from Park Avenue up to and including the 5th Street Intersection (as identified in the LPP Application) to be performed by Yucaipa.
c. Yucaipa shall pay “fair share” invoices submitted by Calimesa for the construction phase of the project (including Construction management, inspection, soils and survey)
within thirty (30) days of receipt. Yucaipa’s total share of construction as reflected on “Exhibit B” is estimated to be $2,637,2504,530,000.

F. Under no circumstances shall Yucaipa’s cost exceed $4,410,2507,242,000 without an amendment to this Agreement. However, it is understood that design and construction costs may escalate and that it is difficult to predict what the actual costs may be at this time.

Consequently, both Parties agree to periodically review, at each phase of the projects, the estimated costs and adjust the fair share costs for the Project as needed and update said costs in the same fair share percentages prescribed herein.

G.

SECTION V. MISCELLANEOUS
A. Notices. All notices, demands, requests, consents, approvals, or communications from one Party to another shall be personally delivered or sent by facsimile or e-mail to the persons set forth below and shall be deemed given one (1) business day after it is sent. Alternatively, it shall be deemed given five (5) calendar days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as either Party may from time to time specify to the other parties in writing:

To Calimesa: City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attn: City Manager
Fax: 909.795.4399
E-mail: [email protected]
To Yucaipa City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attn: City Manager
Fax: 909.790.9203
E-mail: [email protected]
The Parties agree to accept facsimile or scanned signed documents and agree to rely upon such documents as if they bore original signatures. Each Party agrees to provide to the other parties, within seventy-two (72) hours after transmission of such a facsimile or scan, the original documents that bear the original signatures.

B. Amendment. This Agreement may not be modified or amended, nor any provision or breach waived, except with approval of both Parties in a writing signed by both Parties which expressly refers to this Agreement.

C. Venue. The venue of any action or claim brought by any Party to this Agreement shall be either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside. If any action or claim concerning this Agreement is brought by any third-party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside.

D. Neutral Interpretation. Cities have each cooperated in the drafting and preparation of this Agreement and in any construction to be made of this Agreement, the same shall not be construed against either Party to this Agreement in the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein.

E. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument.

F. Term. Except as otherwise provided in Subsection (C) and (E) of Section IV, this Agreementshall terminate ninety (90) days after completion and acceptance of the final accounting of the contracts of all Segments of the Project (as identified in Section II) by both Cities, or as mutually agreed to by both Cities in writing.

G. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California.

SECTION VI. MUTUAL INDEMNIFICATION
A. Neither Party to this Agreement nor officers nor employees thereof shall be responsible for any claim, lawsuit, damage or liability occurring by reason of anything done or omitted to be done by the other Party to the Agreement under or in connection with any work, authority, or jurisdiction not delegated to the parties under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, each Party shall fully defend, indemnify and hold the other Party harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with work, authority, or jurisdiction of that Party under this Agreement.

B. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any other costs and relief, be entitled to reasonable attorney’s fees. Both Parties agree to submit any unresolved issues to binding arbitration, upon terms to be negotiated and agreed upon between the Parties.

IN WITNESS THEREOF, the parties hereto have authorized this Agreement to be executed by their respective officials thereunto duly authorized.

ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date William Davis, Mayor Date ATTEST:

CITY OF YUCAIPA
A Municipal Corporation
Jennifer Crawford, City Clerk Date Raymond A. Casey, City Manager
Date

RESOLUTION 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA CALIFORNIA, AMENDING THE FY 2021-22 BUDGET TO INCLUDE AN

ADJUSTMENT IN THE STREET AND TRAFFIC DEVELOPMENT IMPACT

FEE FUND FOR THE CONSTRUCTION OF THE COUNTY LINE ROAD

CORRIDOR IMPROVEMENT PROJECT INCLUDING DESIGN,

CONSTRUCTION, CONTINGENCY AND CONSTRUCTION

MANAGEMENT
WHEREAS, the Cities of Calimesa and Yucaipa are collaborating on construction of roadway and drainage improvements along County Line Road (CLR) between Park Avenue and Bryant Street; and
WHEREAS, since the proposed improvements are located in both cities, the cities have executed two fair share agreements that identified the funding obligations of both cities, namely Fair Share Agreement with the City of Yucaipa for County Line Road Corridor Improvements from Calimesa Boulevard to Bryant Street approved in 2018 and the Fair Share Agreement County Line Road Corridor Improvements from Calimesa Boulevard to Bryant Street approved in 2020 and specific to the SB 1 Local Partnership Program Grant; and
WHEREAS, on August 24, 2021, the City received two bids for project construction and, due to a variety of factors, the bid amounts received far exceeded the construction budget; and
WHEREAS, on October 18, 2022, staff recommended, and the City Council approved, rejecting all bids, permitting staff to rescope the project to reduce costs, rebid the project, and bring a subsequent recommendation of award back to City Council for consideration; and
WHEREAS, on January 19, 2022, the City received 5 bids and awarded a contract to the lowest responsible and responsive bidder on February 7, 2022; and WHEREAS, based upon the bid award, the funding obligations for both cities have changed; and
WHEREAS, the City Council now deems it appropriate to amend the 2020 Agreement (referenced above) to reflect the updated funding obligations for each city and to amend the City of Calimesa’s Capital Improvement Program Budget accordingly.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:

The Fiscal Year 2021-22 Capital Improvement Program Budget (Fund 36) is hereby amended as follows:
• Increase appropriations in account 36-2087-8700 by $1,820,661 • Increase revenue in account 36-2087-4800 by $1,671,320 Attachment 9B

PASSED, APPROVED, and ADOPTED this 22nd day of February 2022. _____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

SUBJECT: FIELD INTERNSHIP BETWEEN CITY OF CALIMESA SAN

BERNARDINO COMMUNITY COLLEGE DISTRICT (CRAFTON

HILLS COLLEGE)
MEETING DATE: February 22, 2022
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council approve an Emergency medical Services/Field Internship “In-kind” agreement between the San Bernardino Community College District (Crafton Hills College) and the City of Calimesa.

BACKGROUND: The San Bernardino County College District (Crafton Hills College) provides Cutting edge Emergency Medical Services education and training for the Inland Empire.

Emergency medical technician (EMT) Students are required to complete classroom instruction (didactics) which are later accompanied by several hours of required field internship hours (patient contact) under the supervision of licensed EMT’s.

Calimesa Fire Department personnel are required to complete approximately (24) hours of continuing education (C.E.) hours, every two years as part of the re-certification process to maintain a valid Emergency Medical technician credential. The firefighter – EMT would receive C.E. hours for serving as a field preceptor.

DISCUSSION: The approval of this agreement would allow the City’s Fire Department to create and foster a relationship with our local community college emergency medical services instructional program. The benefit would serve both entities equally by allowing students to participate with a local pre-hospital care provider. The fire department would create a means for instructor development and interaction with college staff, which would include up to date trends and the latest professional practices within the pre-hospital care field.

ATTACHMENTS:

Attachment A: Agreement Emergency Medical Services Clinical Field Internship

AGREEMENT

EMERGENCY MEDICAL SERVICES

CLINICAL/FIELD INTERNSHIP
THIS AGREEMENT is made and entered into on March 1, 2022, by and between the City of Calimesa hereinafter called the City and the San Bernardino Community College District (Crafton Hills College) hereinafter called the District.

WITNESSETH:

WHEREAS, the District and City acknowledge a public obligation to contribute to Emergency Medical Services education for the benefit of students and to meet community needs;
WHEREAS, the District provides approved programs in Emergency Medical Services education which require clinical/field externship experience for students enrolled in these programs;
WHEREAS, the City has facilities suitable for the clinical/field externship needs of the District programs in Emergency Medical Services;
WHEREAS, it is to the benefit of both District and City that Emergency Medical Services students have opportunities for clinical/field externship experience to enhance their capabilities as practitioners;
NOW, THEREFORE, the District and City do covenant and agree as follows:

PART I GENERAL RESPONSIBILITIES AND PRIVILEGES OF THE

DISTRICT
A. For the Program in General.

1. District is committed to the achievement of equal educational opportunity. Decisions related to admission, participation, student's employment, and financing will not be influenced by race, religion, sex, age, disability, or national origin.

2. The District assumes full responsibility for offering Emergency Medical Services education programs eligible for accreditation by any appropriate State Board involved.

3. District faculty members may be invited by City to serve as voluntary resource persons to the City staff by serving on Emergency Medical Services committees, by sharing knowledge as Attachment 10A

clinical experts, and by participation in other matters dealing with the quality of patient care.

B. For Program Planning. District will initiate the development of mutually acceptable clinical/field externship instruction plans for using the City's clinical/field externship areas to meet the educational goals of Emergency Medical Services curricula. These plans will be made available to the City at a mutually agreed upon time and subject to revision in instances of conflict with hospital patient care responsibilities or District interests.

C. For Clinical/Field Externship Instructors.

1. District will provide faculty members who are both qualified and competent teachers and licensed health care practitioners for all academic areas.

2. District faculty will be responsible for learning and observing the regulations of both District and City as they apply to the circumstances of clinical/field externship teaching.

3. District has the privilege of regularly scheduled meetings at mutually agreed upon times at the City with City staff, including both selected personnel and administrative level representatives, for the purpose of interpreting, discussing, and evaluating the educational program involved.

D. For Emergency Medical Services.

1. District faculty shall be responsible for instructing in regard to patient and institution confidentiality.

2. District faculty shall inform the students that they must be able to provide a record of immunizations and physical examination, if requested.

3. Emergency Medical Services students shall have the status of students and shall not be considered to be City employees, nor shall they replace City staff. Clinical/field externship experience will be conducted as a laboratory learning experience.

4. Emergency Medical Services students are subject to the authority, policies, and regulations of the District. They are also subject, during clinical/field externship assignment, to applicable City regulations and must conform to the same standards as are set for City employees and other students and learners in matters relating to the welfare of patients and general City operation.

5. District will be responsible for assuring that the Emergency Medical Services students assigned to the City’s Fire Department for clinical/field externship instruction comply with all applicable provisions of this Agreement and meet both District and City academic and clinical/field externship standards and rules and regulations of conduct.

PART II GENERAL RESPONSIBILITIES AND PRIVILEGES OF THE CITY A. For the Program in General.

1. City will maintain the standards which make it eligible for approval as a clinical/field externship area for instruction in Emergency Medical Services programs.

2. City staff may participate in the education program on request of the District. This may be as resource persons, clinical/field externship experts, or assistants in the planning and
implementation of aspects of clinical/field externship education.

Such participation shall be voluntary and shall not interfere with assigned City duties.

3. City will designate a staff member who will function as Education Coordinator for Emergency Medical Services for education usage of the City facilities, including joint planning with representatives of all involved Emergency Medical Services programs.

4. City will permit the faculty and students of the District to use its patient service facilities for clinical/field externship education according to the approved curricula, provided they comply with all applicable rules and regulations of the City.

B. For Services and Facilities. City will permit use of the following facilities and services by District Emergency Medical Services students and faculty at such times and to the degrees considered feasible by the City:

1. Parking areas,

2. First aid treatment provided appropriate verbal/written consent is given, and

3. Access to sources of information for educational purposes, such as:
a. Kardex files;
b. Procedure guides, policy manuals;
c. Medical dictionaries, pharmacology references, and other references suitable to the clinical/field externship area; and

d. Books and periodicals in the Medical Library.

C. For Control of District Personnel. City may without notice or hearing refuse access to its clinical/field externship areas to Emergency Medical Services students or District faculty who do not meet its employee standards for safety, health, cooperation, or ethical behavior or any other applicable rules and regulations. An investigation and resolution of any such matter by the City and the District shall take place within sixty days thereafter.

PART III JOINT RESPONSIBILITIES AND PRIVILEGES
A. For Publications. Publication by District faculty or City staff members of any material relative to their clinical/field externship experience that has not been approved for release by the District and City is prohibited.

B. Assurance of Non-Discrimination. The District and the City, in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, and Section 505 of the Rehabilitation Act of 1973, do not discriminate on the basis of race, color, national origin, religion, sex, age, or handicap in any policies, procedures, or practices.

PART IV INSURANCE AND INDEMNIFICATION
A. Liability Status of the Contracting Agencies.

1. District shall provide City with Certificates of Insurance and endorsements prior to placing students with City’s Fire Department.

2. District shall provide City notice in writing within ten days of its receipt of service of any insurance claims, losses, causes of action, damage regarding accidents/injuries which may occur on City premises or within City owned or controlled fire service vehicles.

3. All general liability insurance required by this Agreement is to be maintained by District for the duration of this Agreement, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City.

B. Workers Compensation and Employer’s Liability. District shall secure and maintain Workers Compensation and Employer’s Liability insurance throughout the duration of this Agreement in amounts which meet statutory requirements with an insurance carrier acceptable to City. Such insurance shall be primary and non-contributing to any insurance or selfPage 81 of 98 insurance maintained by City. The insurance shall also include a provision prohibiting cancellation of said policy except with a thirty-day prior written notice to City.

C. Indemnification. To the fullest extent permitted by law, District shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of District, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that District shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. District shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. District shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

D. Comprehensive General Liability Insurance. District shall secure and maintain in force throughout the duration of this agreement comprehensive general liability insurance with carriers acceptable to City to cover District and its employees and students while participating in activities related to this agreement. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required.

E. Professional Liability Insurance. District and/or each student shall secure and maintain professional liability and malpractice insurance throughout the duration of this agreement for each Emergency Medical Services student, in the minimum amount of One Million Dollars ($1,000,000) per occurrence. Certificates of liability insurance and endorsements shall be delivered to City for each Emergency Medical Service student prior to placement of that student with City’s Fire Department.

PART V PERIOD OF AGREEMENT. The term of this agreement shall be from March 1, 2022 to June 30, 2027, unless sooner terminated by either party in accordance with this section. This agreement may be canceled by the District or the City at any time with or without cause and without penalty upon 30 days’ written notice.

PART VI NOTICE. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice in accordance with this section:

DISTRICT CITY
Steven Sutorus Timothy J. O’Connell,
San Bernardino Community Fire Chief, City of Calimesa
College Dist. 908 Park Avenue
550 E. Hospitality Lane #200 Calimesa, CA 92320
San Bernardino, CA 92408
[SIGNATURE PAGE FOLLOWS]

IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this agreement as of the last date written below.

APPROVED BY THE CITY APPROVED BY THE DISTRICT
_____________________________ __________________________________ Bonnie Johnson, City Manager Steven Sutorus, Business Manager _____________________________ __________________________________ Date Date
ATTEST:
_____________________________
Darlene Gerdes, City Clerk
_____________________________
Date

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: ADOPT A RESOLUTION OPPOSING INITIATIVE 21-0042A1 MEETING DATE: February 22, 2022
PREPARED BY: Bonnie Johnson, City Manager
RECOMMENDATION: That the City Council consider approval of Resolution 2022-08 a Resolution of the City Council of the City of Calimesa California Opposing Initiative 21-0042A1.

BACKGROUND/DISCUSSION: The League of California Cities (League) is requesting that all cities consider adopting a resolution opposing Initiative 21-0042A1 entitled: Limits Ability of Voters and Local Governments to Raise Revenues for Government Services.

The following information was provided by the League:

In 2018, the “Tax Fairness, Transparency and Accountability Act” was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority.

Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018 because it would decimate vital local and state services to the benefit of wealthy corporations. Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

Specifically, this Measure would:

1. Limit voter authority and accountability

2. Restrict local fee authority to provide local services

3. Restrict authority of state and local governments to issues fines and penalties for violations of law

4. Restrict local tax authority to provide local services

5. Other miscellaneous changes
Attachments provided by the League are attached to this report for your reference along with a resolution for consideration.

FISCAL IMPACT: Staff is unable to determine the Calimesa specific impacts at this time.

ATTACHMENTS:

Attachment A: Opposition Fact Sheet
Attachment B: League Fiscal Analysis
Attachment C: League Legal Analysis
Attachment D: Coalition Press Release
Attachment E: Resolution 2022-08

Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Attachment 11A

Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Attachment 11B

Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
Attachment 11C

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CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices.

– 3 – rev January 7, 2022
CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison.

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local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc

For immediate release:

Feb. 2, 2022
Contact: Kayla Sherwood, (530) 844-1744, [email protected] Fera Dayani, (916) 921-9111, [email protected]
Mila Myles, (812) 240-3938, [email protected]
Kyle Packham, (916) 642-3808, [email protected]
Public safety, labor, local government, and infrastructure advocates announce strong opposition to California Business Roundtable ballot measure that would benefit wealthy corporations while decimating vital local and state services
Deceptive proposition enables large corporations to avoid paying their fair share and evade enforcement when violating environmental, public health, and safety laws SACRAMENTO — Today, the League of California Cities, California Professional Firefighters, SEIU California, California Alliance for Jobs, AFSCME California, and the California Special Districts Association announced their strong opposition to the deceptively named “Taxpayer Protection and Government Accountability Act,” a ballot measure sponsored by the California Business Roundtable (CBRT), an organization that advocates on behalf of the largest and wealthiest corporations in California.

The coalition of public safety, labor, local government, and infrastructure groups are vocalizing their opposition as the California Attorney General is set to issue an official Title and Summary for the measure tomorrow, February 3. Once Title and Summary is released, proponents can begin signature gathering. They must submit 997,139 valid signatures in order to qualify for the November 2022 ballot. The Secretary of State’s recommended date to turn in signatures is April 29, 2022.
“This far-reaching measure would significantly jeopardize cities’ ability to provide services and critical infrastructure to local residents,” said Carolyn Coleman, Executive Director and CEO, League of California Cities. “It would impose undemocratic restrictions on local voters and local governments that could force significant cuts to vital services like fire and emergency response, infrastructure, libraries, parks, sanitation, and more.” Attachment 11D

“This irresponsible measure would significantly reduce state and local funding available for fire prevention and response, including emergency services,” said Brian K. Rice, President, California Professional Firefighters. “At a time when our state and local communities are reeling from the impacts of intense and prolonged wildfires, this proposition interferes with the ability of firefighters and first responders to do our jobs and keep the public safe.” The CBRT measure would create major new loopholes that allow wealthy corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety, and other state and local laws. It would also significantly restrict the ability of local voters, local governments, and state elected officials to fund critical services like public schools, fire and emergency response, public health, parks, libraries, affordable housing, homeless and mental health services, and public infrastructure.
“This initiative is a deceptive scheme written and paid for by wealthy corporations for their sole benefit,” said Tia Orr, Interim Executive Director, SEIU California. “These rich corporations are trying to create constitutional loopholes to avoid paying their fair share, while shifting the burden onto hardworking Californians.”
“This measure would make it much more difficult to fund critical infrastructure that’s needed in California,” said Michael Quigley, Executive Director, California Alliance for Jobs. “It would undercut our ability to invest in virtually every form of infrastructure, including safe bridges, local streets and roads, public transportation, drinking water quality, new schools, and utilities.”
“This proposition would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods,” said Alia Griffing, Political and Legislative Director, AFSCME California. “It’s a get out of jail free card for wealthy corporations that will hurt our efforts to provide critical public services necessary to keep our communities healthy and safe.” “This measure exposes taxpayers to a new wave of costly litigation, limits the discretion of locally elected officials to respond to the needs of their communities, and injects uncertainty into financing critical infrastructure,” said Neil McCormick, CEO, California Special Districts Association. “We are in strong opposition to this dangerous measure that jeopardizes the health and safety of communities and prevents critical investments in climate adaptation and community resilience to address drought, flooding, and wildfire as well as reduce emissions and harmful pollutants.”
Background:

A broad and growing coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses opposes this measure. The measure:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share — Forcing Local Residents and Taxpayers to Pay More

• The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources — shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• It creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
• It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities, and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy, and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Undermines Voter Rights, Transparency, and Accountability • It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent. • It would change our constitution to make it more difficult for local and state voters to pass measures needed to fund local services and local infrastructure. • It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.

Established in 1898, the League of California Cities is a nonprofit statewide association that advocates for cities with the state and federal governments and provides education and training services to elected and appointed city officials.
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RESOLUTION 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA CALIFORNIA, OPPOSING CALIFORNIA INITIATIVE
21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
• The City of Calimesa opposes Initiative 21-0042A1.
• The City of Calimesa will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state. • Staff is directed to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED, and ADOPTED this 22nd day of February 2022. ____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 11E