Calimesa City Council
September 6, 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, ASSISTANT CITY ATTORNEY KEARNS, 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

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.

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency
Meeting Agenda
Tuesday, September 6, 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, September 6, 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.

APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion____________________ Second____________________ Vote____________________ 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 August 1, 2022. b) City Council action minutes of a special meeting of August 8, 2022. c) City Council action minutes of a special meeting of August 15, 2022 d) City Council action minutes of a special meeting of August 22, 2022

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Planning Commission action minutes of a regular meeting of July 11, 2022 b) Planning Commission action minutes of a regular meeting of August 8, 2022

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $2,943,709.11 (Check Nos. 39005 to 39158) b) August 1, 2022 Council Payroll of $ 1,673.25
August 4, 2022 Payroll of $80,708.68
August 18, 2022 Payroll of $80,493.64
September 1, 2022 Payroll of $80,606.66
September 1, 2022 Council Payroll of $1,673.25

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 THE MONTH ENDED JULY 31, 2022 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended July 31, 2022.

6. MODIFICATION OF AGREEMENT FOR BANK OF AMERICA MERCHANT PROCESSING SERVICE FEES.

RECOMMENDATION: That the City Council approve the modification of agreement for Bank of America Merchant Processing Service Fees, authorize the City Manager to sign the agreement, and take all actions necessary to implement the agreement.

7. ACCEPTANCE AND EXPENDITURE OF 2022 OFFICE OF TRAFFIC SAFETY REGIONAL

CRASH RESPONSE AND EXTRICATION IMPROVEMENT PROGRAM (OTS) FUNDING ALLOCATION AWARD FOR EMERGENCY OPERATIONS – AUTO EXTRICATION EQUIPMENT.

RECOMMENDATION: That the City Council:

a) Authorize the acceptance of 2022 Office of Traffic Safety Regional Crash Response and Extrication Improvement Program (OTS) funding allocation/award, to be used for the purchase and enhancement/replacement and upgrade of emergency fire department auto extrication equipment.
b) Adopt Resolution No. 2022-42, a Resolution of the City Council of the City of Calimesa, California, accepting Office of Traffic Safety Grant Program (OTS) award through the California Office of Traffic Safety - EMS First Responder Equipment Grant (OTS) in the amount of $41,703.00; designating the City Manager as the authorized official to execute OTS Program Agreements on behalf of the City; and amending Fiscal Year 2022-23 budget to include acceptance of OTS grant funds.

8. APPROVE JOB DESCRIPTION AND SALARY RANGE FOR PLANNING DIRECTOR RECOMMENDATION: That the City Council adopt Resolution No. 2022-41, a Resolution of the City Council of the City of Calimesa, California Amending the City’s Position Classification Plan for City Personnel for Fiscal Year 2022-23 to add the Classification of Planning Director.

9. FEDERAL APPLICATION FOR ELIGIBILITY FOR PURCHASING SURPLUS PROPERTY.

RECOMMENDATION: That the City Council approve and authorize the City Manager to apply for eligibility to participate in the Federal Surplus Property Program to potentially purchase surplus property from the Federal Government.

10. SECOND AMENDMENT TO AGREEMENT FOR ENVIRONMENTAL CONSULTING

SERVICES BETWEEN THE CITY OF CALIMESA AND ALBERT A WEBB ASSOCIATES (“CONSULTANTS”) .

RECOMMENDATION: That the City Council approve the Second Amendment to Agreement for Environmental Consulting Services between the City of Calimesa and Albert A Webb Associates (“Consultant”), authorize the Mayor to execute the Agreement and approve Resolution 2022-45 amending the 2022-23 Fiscal Year Budget.

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.

PUBLIC HEARINGS
The order of business for the Public Hearing shall be:

A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Testimony
E. Applicant Rebuttal (if necessary)
F. Public Testimony Closed
G. Close Public Hearing
H. Council Discussion
I. Council Motion and Vote
Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker. Once the public hearing has been closed, no further testimony will be taken.

11. CONTINUED PUBLIC HEARING: SPECIAL ASSESSMENTS FOR WEED ABATEMENT

CHARGES
RECOMMENDATION: That the City Council open the continued public hearing, take public testimony and adopt Resolution No. 2022-44, A Resolution of the City Council of the City of Calimesa, California, confirming the report of charges to be placed as special assessments for weed abatement for 2022-2023.

12. PUBLIC HEARING: ZONING TEXT AMENDMENT (ZTA) 22-03 - AMENDMENTS TO CALIMESA MUNICIPAL CODE TABLE 18.25.030 TO CONDITIONALLY ALLOW TELECOMMUNICATIONS FACILITIES IN THE NEIGHBORHOOD COMMERCIAL (“CN”) ZONE AND CALIMESA MUNICIPAL CODE TABLE 18.30.030 TO CONDITIONALLY ALLOW TELECOMMUNICATION FACILITIES IN LIGHT INDUSTRIAL (“LI”) AND BUSINESS PARK (“BP”) ZONES.

RECOMMENDATION: That the City Council open the public hearing and continue it to the City Council Meeting of September 19, 2022 to allow staff time to finalize the proposed ordinance.

13. PUBLIC HEARING – BIRTCHER LOGISTICS CENTER AT OAK VALLEY TOWN CENTER - A

REQUEST BY SCOTT MULKAY ON BEHALF OF BIRTCHER DEVELOPMENT

MANAGEMENT, LLC FOR RECOMMENDED APPROVAL OF ENVIRONMENTAL ASSESSMENT 21-01 (EA 21-01), GENERAL PLAN AMENDMENT 21-01 (GPA 21-01), SPECIFIC PLAN AMENDMENT 21-01 (SPA 21-01), DEVELOPMENT PLAN REVIEW (“DPR”) 21-02 (“WEDGE” TRAILER STORAGE FACILITY ON TPM 37862 PARCELS 5 AND 6), DPR 21-03 AND CONDITIONAL USE PERMIT (“CUP”) 21-01 (BUILDING A – TPM 37862 PARCEL 4), DPR 21-04 AND CUP 21-02 (BUILDING B – TPM 37862 PARCEL 3), DPR 21-05 AND CUP 21-03 (BUILDING C – TPM 37862 PARCEL 2), DPR 21-06 AND CUP 21-04 (BUILDING D – TPM 37862 PARCEL 1), CONSIDERATION OF A FUNDING AND REIMBURSEMENT

AGREEMENT BETWEEN THE CITY OF CALIMESA AND BIRTCHER DEVELOPMENT, AND

REVISIONS TO ADOPTED CONDITIONS OF APPROVAL FOR PREVIOUSLY APPROVED TENTATIVE PARCEL MAP 37862, ON A 115-ACRE PORTION OF THE SUMMERWIND RANCH SPECIFIC PLAN PROJECT.

RECOMMENDATION: That the City Council open the public hearing, take public testimony and:

1. Adopt CC Resolution 2022-46 Approving Environmental Assessment 21-01, adopting a second Addendum to the certified EIR for Summerwind Ranch at Oak Valley (SCH #2004061035),

2. Adopt CC 2022-47 Approving General Plan Amendment 21-01, amending the Land Use, Open Space, and Trails Maps in the General Plan

3. Introduce Ordinance No. 382 Specific Plan Amendment 21-01, adopting Specific Plan Amendment SP-1, Amendment 3 (Summerwind Ranch)

4. Adopt CC 2022-48 Approving Development Plan Review 21-02, for design review of the “Wedge” truck and trailer parking facility, subject to Conditions of Approval

5. Adopt CC 2022-49 Approving Development Plan Review 21-03 and Conditional Use Permit 21- 01, for proposed industrial development consisting of the approximately 705, 783 square foot “Building A” and related site improvements

6. Adopt CC 2022-50 Approving Development Plan Review 21-04 and Conditional Use Permit 21-02, for proposed industrial development consisting of the approximately 467,252 square foot “Building B” and related site improvements

7. Adopt CC 2022-51 Approving Development Plan Review 21-05 and Conditional Use Permit 21-03, for proposed industrial development consisting of the approximately 457,267 square foot “Building C” and related site improvements

8. Adopt CC 2022-52 Approving Development Plan Review 21-06 and Conditional Use Permit 21-04, for proposed industrial development consisting of the approximately 619,338 square foot “Building D” and related site improvements

9. Adopt CC 2022-53 Approving the second revision to the adopted conditions of approval for the previously approved Tentative Parcel Map 37862.

10. Approve the Funding and Reimbursement Agreement between the City of Calimesa and Birtcher Development to set funding and fair share reimbursement terms related to procurement of fire apparatus to service the Project.

RECESS CITY COUNCIL AND CONVENE SUCCESSOR AGENCY TO THE CALIMESA

REDEVELOPMENT AGENCY MEETING

CSA BUSINESS ITEMS
CSA1.LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE RECOMMENDATION: That the Successor Agency to the Calimesa Redevelopment Agency adopt CSA Resolution No. 2022-02, approving a Last and Final Recognized Obligation Payment Schedule for the period from July 1, 2023 through June 30, 2039 pursuant to Health and Safety Code Section 34191.6 and taking certain related actions.

ADJOURN THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY AND

RECONVENE CITY COUNCIL
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

CLOSED SESSION ITEMS
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8:

Property: 625 W. County Line Road, Calimesa 92320
Agency negotiators: City Manager Bonnie Johnson and City Attorney Quinn Barrow Negotiating parties: Troyce Lee Gayle , Jr., Administrator of Estate of Troyce Lee Gayle and Edward B.

Fischel, LL.M, attorney for Administrator. Under negotiation: Price and Terms of Payment.

B. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Manager

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, September 19, 2022 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: September 6, 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 August 1, 2022, the Adjourned City Council Meeting of August 8, 2022, the Special City Council Meeting of August 15, 2022, and the Special City Council Meeting of August 22, 2022.

ATTACHMENTS:

Attachment A: City Council action minutes of August 1, 2022 regular meeting.

Attachment B: City Council action minutes of August 8, 2022 adjourned meeting.

Attachment C: City Council action minutes of August 15, 2022 special meeting.

Attachment D: City Council action minutes of August 22, 2022 special meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: September 6, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the July 11, 2022 Planning Commission regular meeting and the August 8, 2022 Planning Commission regular meeting.

ATTACHMENTS:

Attachment A: Planning Commission action minutes of July 11, 2022 Regular meeting.

Attachment B: Planning Commission action minutes of August 8, 2022 Regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: September 6, 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 $2,943,709.11 (Check Nos. 39005-39158) b) August 1, 2022 Council Payroll of $1,673.25
August 4, 2022 Payroll of $80,708.68
August 18, 2022 Payroll of $80,493.64
September 1, 2022 Payroll of $80,606.66
September 1, 2022 Council Payroll of $1,673.25

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

THE AGENDA
MEETING DATE: September 6, 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: TREASURER’S REPORT FOR THE MONTH ENDED
JULY 31, 2022
MEETING DATE: September 6, 2022
PREPARED BY: Celeste Reid, Finance Director and City Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended July 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: Significant transactions during the month include the following:
• Transfer of $1.25 million from LAIF investment account to Bank of America Checking account • LAIF Quarterly interest income earnings of $52,062.92 FISCAL IMPACT: Revenue was recognized for $53,709.10 of dividend/interest earnings.

ATTACHMENTS:

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

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: MODIFICATION OF AGREEMENT FOR BANK OF AMERICA

MERCHANT PROCESSING SERVICE FEES
MEETING DATE: September 6, 2022
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council approve the modification of agreement for Bank of America Merchant Processing Service Fees, authorize the City Manager to sign the agreement, and take all actions necessary to implement the agreement.

DISCUSSION: The City of Calimesa entered into an agreement for merchant processing service fees with Bank of America in June 2004. City staff and Bank of America representatives met for review of banking and processing fees which resulted in the proposed modification of agreement for merchant processing service fees. Bank of America has proposed to reduce the fee structure assessed to the City of Calimesa with an approximate annual savings to City of $3,700. With the existing agreement, merchant processing service fees for credit card transactions are approximately $17,500. A convenience fee of 2.5% is paid by the public for credit card transactions to offset merchant credit card processing service fees resulting in approximately $7,500 of annual revenue.

The modification of agreement will result in a reduction of the balance City of Calimesa pays for the processing of credit card transactions. The term of the agreement is for three years and will expire in September 2025.

City staff respectfully recommends that in lieu of issuing a request for proposal for services, the merchant processing fee agreement continue with Bank of America for efficiency of reporting and transactions given the City currently manages operational transactions with a Bank of America business checking account.

FISCAL IMPACT: Annual estimated merchant processing fees will be reduced by approximately $3,700. Annual bank fees, currently budgeted at $20,000, are expected to be reduced by the above amount. Budget adjustments are not recommended at this time as the savings are approximate.

ATTACHMENTS:

Attachment A: Bank of America Service Modification Form – Merchant Processing Agreement

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: ACCEPTANCE AND EXPENDITURE OF 2022 OFFICE OF

TRAFFIC SAFETY REGIONAL CRASH RESPONSE AND

EXTRICATION IMPROVEMENT PROGRAM (OTS) FUNDING
ALLOCATION AWARD FOR EMERGENCY OPERATIONS –
AUTO EXTRICATION EQUIPMENT.

MEETING DATE: September 6, 2022
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council adopt Resolution No. 2022-42, A Resolution of the City Council of the City of Calimesa, California, accepting office of Traffic Safety Grant Program (OTS) award through the California Office of Traffic Safety - EMS First Responder Equipment Grant (OTS) in the amount of $41,703.00; designating the authorized officials to execute OTS Program Agreements on behalf of the City; and amending Fiscal Year 2022-23 budget to include acceptance of OTS Grant funds and appropriation of the same.

BACKGROUND: The City of Calimesa Fire Department will serve as the lead agency for a regional extrication equipment distribution grant for the city (area of operation). The extrication equipment is used by first responders to safely extricate victims trapped in traffic crashes. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and replace existing equipment which is approaching the end of its usable life span and needs replacement.

DISCUSSION: Staff regularly inspects (daily) and performs (annually) manufacturer recommended/required maintenance of the current inventory of the hydraulic, gasoline operated auto extrication rescue systems which includes spreaders, cutters, and ram units. Observing an increase in the overall repair cost and maintenance fees, Staff applied for the above titled grant application and was notified on 8/3/2022 by the State of California – Office of Traffic Safety (OTS) of approval of the OTS Award to the City of Calimesa in the amount of $41,703.00 FISCAL IMPACT: The Fiscal Year 2022-23 Budget will be adjusted to include $41,703.00 of reportable grant revenue and an appropriate to account 01-4300-7725 in the same amount.

There is no matching fund requirement. This purchase is compliant with the formal (3) bid requirements as stipulated by CMC.

ATTACHMENTS:

Attachment A: Quote Clockwork Extrication
Attachment B: Equipment Quote - LN Curtis
Attachment C: Equipment Quote - Diamondback Fire and Rescue, Inc.

Attachment D: Resolution No. 2022-42
Attachment E: Draft Grant Agreement

CLOCKWORK EXTRICATION
1463 Sandy Hill Drive
Calimesa, CA 92320 US
+1 7149444331
[email protected]
www.clockwork-extrication.com
Estimate

ADDRESS
Calimesa Fire Dept
City Of Calimesa Fire Dept
906 Park Ave
Calimesa, Ca 92320 USA

SHIP TO
Calimesa Fire Dept
City Of Calimesa Fire Dept
906 Park Ave
Calimesa, Ca 92320 USA
SHIP VIA Ground ESTIMATE 1062
DATE 08/03/2022

EXPIRATION
DATE
12/31/2022

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
SURGE ES100-32 ESL-100-32 M-18 Volt 32 inch
Spreader
1 10,395.00 10,395.00T
SURGE ESLC-29 ESLC-29 M-18 Volt 7-3/8 Inch C-Cutter 1 9,460.00 9,460.00T SURGE ER-40 ER-40 M-18 Volt 40' Ram 1 6,455.00 6,455.00T EBFCC-28-18V Brute
Force Combination Tool
EBFCC-28-18V Brute Force
Combination Tool
1 9,795.00 9,795.00T
Storm Surge Ram Base
Extension KIT
STRMRAMBASE-EXT-Storm Surge
Ram Base Extension KIT
1 1,395.00 1,395.00T
Shipping Shipping 1 672.00 672.00
Mounting Bracket SURGE Mounting Brackets 4 145.00 580.00T Thankyou for considering TNT Rescue Tools for your department. If you would like any further information please don't hesitate to contact us.

SUBTOTAL 38,752.00
TAX 2,951.20
TOTAL $41,703.20
Accepted By
Accepted Date
Attachment 7A

Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 233370

Quotation
CUSTOMER: SHIP TO:

Calimesa City Fire Department
908 Park Avenue
Calimesa CA 92320
Calimesa City Fire Department
Chief Johnson
906 Park Avenue
Calimesa CA 92320
QUOTATION NO. ISSUED DATE EXPIRATION DATE
233370 08/03/2022 09/02/2022

SALESPERSON CUSTOMER SERVICE REP
Ed Shabro
[email protected]
760-250-1180
Nathan Belcher
[email protected]
510-268-3303
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Hector Hernandez C50566 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
SP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 1 1 EA 272889000-1
HURST
S789 Edraulic 3.0 EWXT Cutter Tool $11,320.20 $11,320.20 2 1 EA 271855000-1
HURST
SP555 Edraulic 3.0 EWXT Spreader Tool $12,580.20 $12,580.20 3 1 EA 274886000-1
HURST
R522 Edraulic 3.0 EWXT Ram Tool $8,555.40 $8,555.40
4 1 EA 273823000-1
HURST
SC358 E3 Combi Tool Only $13,026.60 $13,026.60
Attachment 7B

Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Pacific South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 233370

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 5 8 EA 90-53-15 HURST EWXT Edraulic Watertight 9Ah Battery These batteries are for the above tools (2
per tool)
$759.60 $6,076.80
6 4 EA 90-53-21 HURST EWXT Edraulic Watertight 110V Battery Charger
These battery chargers are for the above
tools (1 per tool)
$486.00 $1,944.00
Small Business
CAGE Code: 5E720
DUNS Number: 009224163
SIC Code: 5099
Federal Tax ID: 94-1214350
This pricing remains firm until 09/02/2022. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.

Subtotal $53,503.20
Tax Total $4,146.50
Transportation* $0.00
*(to be added when order ships)
Total $57,649.70
View Terms of Sale and Return Policy

Estimate
Date
8/3/2022
Estimate #
08032022-2
Name / Address
City of Calimesa
Finance Department
908 Park Avenue
Calimesa, CA 92320
Ship To
Calimesa Fire Dept
Captain Kory Collins
906 Park Avenue
Calimesa, CA 92320
Diamondback Fire & Rescue, Inc.
1762 S Sycamore Avenue
Rialto, CA 92376
P.O. Number Estimate Provided By
jenn
Lead Time Vehicle Info
Total
Subtotal
Sales Tax (7.75%)
Item Description Qty Cost Each Total
iC750LB AMKUS NEXT GEN ION CUTTER TOOL ONLY 1 10,631.70 10,631.70T iS320LB AMKUS NEXT GEN ION SPREADER TOOL ONLY 1 11,907.00 11,907.00T KS0029-KIT Tip, Extended Reach, AMK-24, AMK-30CRT & ION Spreader (Pair)
1 963.00 963.00T
ITR500 RAM (TOOL ONLY ) NEW TELESCOPE MODEL
22-50"
1 9,166.50 9,166.50T
ICT716LB iCT716 NEXT GEN ION COMBI TOOL ONLY 1 11,200.00 11,200.00T DCB104 DEWALT DCB104 20V Max 4-Port Lithium Ion Fast
Charger DCB104
1 333.00 333.00T
IBATTFV-9 DEWALT SINGLE 60V BATTERY (9/3 AMP-HR)
DCB609
8 247.50 1,980.00T
SURCHARGE SURCHAGE $175 PER TOOL 4 175.00 700.00
$50,460.24
$46,881.20
$3,579.04
Attachment 7C

RESOLUTION NO. 2022-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, ACCEPTING OFFICE OF TRAFFIC

SAFETY GRANT PROGRAM (OTS) AWARD THROUGH THE

CALIFORNIA OFFICE OF TRAFFIC SAFETY - EMS FIRST

RESPONDER EQUIPMENT GRANT (OTS) IN THE AMOUNT
OF $41,703.00; DESIGNATING THE AUTHORIZED

OFFICIALS TO EXECUTE OTS PROGRAM AGREEMENTS ON
BEHALF OF THE CITY; AND AMENDING FISCAL YEAR 2022-
23 BUDGET TO INCLUDE ACCEPTANCE OF OTS GRANT
FUNDS AND APPROPRIATION OF THE SAME.

WHEREAS, City staff was notified of the application process being opened for FY 2022 Office of Traffic Safety -EMS First Responder Equipment Grant Program (OTS) through the California Office of Traffic Safety (OTS); and WHEREAS, the purpose of the OTS Program is to provide federal grants to States to assist State, local, territorial, and tribal governments in preparing for all traffic related hazards by providing necessary direction, coordination and guidance, and necessary assistance, as authorized by the Office of Traffic Safety EMS First Responder Equipment Grant; and
WHEREAS, Title VI of the Stafford Act authorizes FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the federal government and the states and their political subdivisions; and
WHEREAS, the City’s Fire Department is in need of specialized equipment to support staff in the event of an emergency; and
WHEREAS, staff was notified on June 28,2022 by California Office of Traffic Safety (OTS) of approval of the EMS First Responder Equipment Grant in the amount of $41,703.00 with the grant having a zero-dollar match; and WHEREAS, staff is recommending utilizing this grant for the purchase of Electric Auto Extrication Equipment to include Spreaders, Rams, Cutters, and Combi-tool per the quote received from Clockwork Extrication; and
WHEREAS, in order for the City to be reimbursed for funds it expends to purchase the equipment, the grant document must be signed by 1) City Manager as the Authorizing Official, 2) Fire Chief as the Grant Director and 3) Finance Director as the Fiscal Official (collectively the “Authorized Officials”).

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

SECTION 1: The Authorized Officials for the City of Calimesa are designated to sign the appropriate Grant documents and any supporting documents related to the OTS Program.

Attachment 7D

SECTION 2: The OTS award is hereby accepted by the City of Calimesa and the Fiscal Year 2022-23 Budget is hereby amended to include OTS Program revenue of $41,703.00 in account 01-0000-4800 and OTS Program expenses of $41,703.00 in Fire Department account 01-4300-7725.

PASSED, APPROVED, and ADOPTED this 6
th day of September 2022.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
EM23001

1. GRANT TITLE
Regional Crash Response and Extrication Improvement Program

2. NAME OF AGENCY 3. Grant Period
Calimesa From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Calimesa Fire Department

5. GRANT DESCRIPTION
The city/county/fire protection district will serve as the lead agency for a regional extrication equipment distribution grant for their county. The extrication equipment is used by first responders to safely extricate victims trapped in traffic crashes. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan and is in need of replacement.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $41,703.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Tim O'Connell
Fire Chief
[email protected]
(909) 795-9801 #243
980 Park Avenue
Calimesa, CA 92320
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Bonnie Johnson
City Manager
[email protected]
(909) 795-9801 #231
906 Park Avenue
Calimesa, CA 92320
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Celeste Reid
Finance Director
[email protected]
(909) 795-9801 #227
906 Park Avenue
Calimesa, CA 92320
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
Attachment 7E

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $41,703.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$41,703.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $41,703.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

LGKAFGWH22K3
908 Park Avenue
Calimesa
92320-1148
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
EM23001

1. PROBLEM STATEMENT
The Calimesa Fire Department (CFD) is in the foothills of the San Bernardino Mountains in the north-west region of Riverside County. The city of Calimesa serves a population of roughly 10,000 people across approximately 15 square miles. The Calimesa Fire Department is a newly formed combination fire department. In 2017, the City could no longer bear the increasing financial cost to contract fire protection services with CAL Fire and formed its own department. Calimesa is a small semi-rural community. In all, CFD protects 15 square miles of wildland urban interface (72% open space, 5% commercial, 23% residential). Within proximity to the San Bernardino National Forest, Calimesa is classified by the State as a High Wildfire Severity Zone. We have an established automatic and mutual-aid system and respond first alarm to the incorporated cities of Calimesa, Yucaipa, Beaumont, Banning and unincorporated communities of Riverside County, to include Cherry Valley, San Timoteo Canyon, and initial attack request within the operational area.

CFD is made up of 14 volunteers and 16 career firefighters that respond out of one staffed station with an average dialing staffing of four career and one volunteer. Our apparatus fleet includes: 2x type 1 engines, 2x brush trucks, 1x rescue and 4x misc. vehicles (24 seated position). CFD provides fire protection (structure and WL), EMS (BLS, soon to be ALS in 2023), hazmat operational, rescue services and year-around fire prevention. In 2020, CFD responded to 1,900 calls for service to include 206 motor vehicle accidents during the last 3 years.

Separating from its contract services with CAL Fire in 2017, the city and CFD are challenged with the upfront costs to obtain basic firefighter traffic equipment in addition to modern fire apparatus/tools. Our limited resources and our jurisdiction’s unique layout make it difficult for us to meet the “Golden Hour”. The golden hour is the term often used in trauma or emergency care to suggest that an injured or sick person must receive definitive treatment within the first 60 minutes from the time of injury or appearance of symptoms. It is believed that once this time has lapsed, the risk of death or long-term complications will significantly increase. During road traffic accidents, intervention done in the first few minutes might determine if the person will live or die. The main principle in managing the victim here is stabilizing their airway, breathing, and circulation and take them to the nearest hospital (ours is San Gorgonio Hospital, 15 minutes away). This means that wasting time during our extrication is crucial to the stabilization of our patients. For this reason, we are requesting assistance from the OTS Grant to replace our current AMKUS tools.

Interstate 10 provides access through the San Gorgonio Pass and stretches through the center of the city, serving as a key transportation corridor the desert communities and Arizona to the east and the Los Angeles Metropolitan area to the west. Holiday weekends, major events during the year at Glamis (Fourth of July, Christmas, President’s Day, Thanksgiving, New Years, etc.), and events at Empire Polo Club (Coachella and Stagecoach), are times where we have most of our extrications. We have many people using the 10 freeway and traffic gets chaotic. This is a major concern that we have due to our limited resources and our wildland urban interface. Sometimes during our traffic collisions, we have to hike down in order to get to our patient. Two issues are present during these calls; one being the time it takes us to get patient contact due to the hike and two being that we have to bring our extrication equipment down steep terrain. With us only having three personnel on our engine company, it’s very difficult to bring the cutters, spreader, ram, Honda engine, and hose lines in order for us to do our jobs. Battery operated extrication tools would help us get to our patient a lot quicker and would be more efficient during our hike.

In order for the Calimesa Fire Department to provide our citizens the best care, it is vital that we are equipped with the best extrication tools. Our limited resources and our jurisdiction’s unique layout gives us a challenge that we face in order for us to meet the “Golden Hour”. With assistance of funding from this grant our first out engine will be equipped with a full set of extrication equipment, ensuring that when firefighters arrive at the scene of an entrapped victim they will have the necessary tools to safely, effectively, and efficiently free the entrapped victim resulting increased survivability. Regardless of being limited on our resources from other agencies and regardless of our jurisdiction’s unique layout the tools from this grant will

help reduce extrication time and positively affect our efficiency when it comes to reaching our patients. Most importantly these tools guarantee a significant increase in our service level.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Decrease the average extrication time, from the time of arrival at the crash site to transport.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Purchase and place fully equipped extrication systems in strategic locations within the jurisdiction.
1 3. Train firefighters in the use of the new equipment. 20

4. Conduct traffic safety presentations with an effort to reach persons and communities.
2 5. Display the OTS funded equipment during Public Safety Fairs, community festivals and or other Department or community events.
2 6. Report on the number of times the grant-funded equipment is used during an extrication, provide a brief overview of the incident and include if the equipment was used to save a life.
1 7. Decrease the average extrication time, from the time of arrival at the crash site to transport, from 00 minutes to 00 minutes.

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Determine specific equipment requirements.
 Request equipment vendor price quotation for the required equipment per host agency requirement.
 Submit purchase orders to equipment vendors for purchase of the equipment.  Prepare and execute Memorandums of Understanding (MOU) with recipient agencies.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  Inventory the new equipment following delivery.
 Disperse equipment to identified recipient agencies.
 Plan a media event announcing the grant funded equipment.  Recipient agencies will identify training needs and objectives and coordinate instructional staff to conduct a high quality training program for their respective agency.  Recipient agencies will develop a preventive maintenance schedule for the new equipment following manufacturers’ recommendations.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
EM23001

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402EM-23 20.600 State and Community Highway
Safety
$41,703.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Fully Equipped Extrication System 402EM-23 $41,703.20 1 $41,703.00 Category Sub-Total $41,703.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $41,703.00

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
EM23001

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Fully Equipped Extrication System - Fully equipped extrication systems are generally comprised of a hydraulic pump, fluid, hoses, control valves, and hydraulically actuated spreaders and cutters used primarily for vehicle extrication incidents as well as edraulic tools. It includes every piece of extrication equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired, and costs $5,000 or more (including tax, shipping, and installation).

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
EM23001

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The SubgranteePage 75 of 536 Page 75 of 536
 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an

employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment

rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: APPROVE JOB DESCRIPTION AND SALARY RANGE FOR

PLANNING DIRECTOR
MEETING DATE: September 6, 2022
PRESENTED BY: Bonnie Johnson, City Manager
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022-41, a Resolution of the City Council of the City of Calimesa, California Amending the City’s Position Classification Plan for City Personnel for Fiscal Year 2022-23 to add the Classification of Planning Director.

BACKGROUND/DISCUSSION: The City of Calimesa recognizes the value in recruiting and retaining a well-qualified workforce. In addition, the City of Calimesa understands the need for succession planning in key City positions. Both goals are essential to the long-term stability of the City. In order to facilitate meeting these goals, the City, from time to time, may deem it appropriate to amend jobs descriptions, reclassify certain position(s) and/or adjust related compensation ranges.

As you may recall in January 2022, the City Council approved an increase in salary for the position of Fire Chief, as well as the creation of both an Accounting Technician classification series and an Administrative Assistant classification series. In addition, recently the City Council approved a reorganization in the Fire Department necessary to add an Advanced Life Support response model and also allocate more resources toward fire prevention. All of the actions support the goals referred to earlier in this report.

With the same goals in mind, the City Manager is now recommending the approval of a job description and salary range for the position of Planning Director.

By way of background, since 2018, the City’s development related activity greatly increased and has remained constant since that time. As a result, the City, who had historically staffed the Planning Department through a contract, brought the duties in-house by hiring a Planning Manager and continuing to supplement the Department with contract staff. The following year, the City added the position of Associate Planner as well.

With the increase in development activity has come an increase in workload and responsibilities, and at the same time, a flurry of State laws that are impacting local government land use. It is crucial that the City recruit and retain staff with appropriate qualifications, knowledge and experience to manage and oversee this activity in accordance with City Council vision and direction.

The City is fortunate to have a current Planning Manager that has been with the City in that capacity for the past 4 years, has completed her master’s degree in Urban and Regional Planning during that period, has demonstrated the ability to effectively manage both subordinates and contracts, has been responsive to the development community, and has effectively overseen the City’s Planning Department. As such, if this action is approved, the City Manager intends to reclassify the Planning Manager to the Planning Director position.

In order to implement such a change, certain steps must be undertaken. The proposed Resolution 2022-41 would do the following:
• Set the salary for the classification of Planning Director at range 41 • Adopt a Job Description for the classification of Planning Director • Redirect funding from the classification of Planning Manager to the classification of Planning Director
FINANCIAL IMPACT: No additional appropriation is being requested. The annual cost increase for this reclassification is estimated to be $12,480. The total cost for the balance of 2022-23 of $9,264 will be partially offset by charges to development projects with any balance being absorbed into the 2022-23 Planning Department budget.

ATTACHMENTS:

Attachment A: Resolution No. 2022-41

RESOLUTION NO. 2022-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE CITY’S POSITION

CLASSIFICATION PLAN FOR CITY PERSONNEL FOR FISCAL
YEAR 2022-23 TO ADD THE CLASSIFICATION OF PLANNING

DIRECTOR
WHEREAS it is necessary for the efficient operation of the City of Calimesa that the City Council adopt revisions to its classifications and salary ranges for fiscal year 2022-23; and
WHEREAS the City of Calimesa recognizes the value in recruiting and retaining a well-qualified workforce.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The job description for the classification of Planning Director is hereby approved at the salary range of 41 and is attached hereto.

Section 2. Funding for the position of Planning Director is hereby reallocated from the position of Planning Manager.
.

Section 3. Reclassification of Planning Manager to Planning Director will take effect the first day of a new pay period following this action.

PASSED, APPROVED AND ADOPTED this 6
th day of September 2022.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
Attachment 8A

PLANNING DIRECTOR
Range 41 - $121,544.24 – $155,124.67Annually
$58.43 - $74.58 Hourly
DEPARTMENT: PLANNING FLSA STATUS: EXEMPT
POSITION STATUS: REGULAR FULL-TIME REPORTS TO: CITY MANAGER

DEFINITION
Under general direction from the City Manager, directs and oversee the activities and operations of the Planning Department to include a wide range of administrative and technical work in the areas of planning, zoning, land use and other development and economic development related areas.

ESSENTIAL JOB FUNCTIONS
Duties may include, but are not limited to the following:
• Plans, organizes, and directs the overall operation of the Planning Department, including budget preparation and administration serves as staff advisor on commissions and boards, acts a City liaison with developers, property owners, and the public; is responsible for both current and long range planning projects. Manage and oversee the operations of the Planning Department including, but not limited to, those services related to City planning and economic development programs and projects.
• Implements the General Plan and Calimesa Municipal Code. • Supervise assigned staff, both in-house and contract. Oversees employee recruitment and evaluation.
• Periodically review, recommend, and draft revisions to relevant ordinances, agreements, and resolutions.
• Serves as zoning administrator.
• Demonstrate a full understanding of applicable policies and procedures associated with assigned duties.
• Gather, interpret and prepare data for studies, reports and recommendations; coordinate department activities with other departments and agencies as needed to provide integrated services.
• Evaluate land use development proposals, including but not limited to, subdivision maps, specific plans and other applications, for conformity to established plans and ordinances and the City’s General Plan; evaluate proposals as they relate to the adopted City plans; ensure compliance with applicable City, State or Federal Laws, including, but not limited to, State Planning and Zoning law and the California Environmental Quality Act (CEQA).
• Manage the City’s entitlement process in an efficient manner. • Coordinate activities and programs with other City Departments to ensure projects are processed in a timely and efficient manner.
• Work with project applicants and other departments to ensure appropriate mitigation measures are placed on development to reduce adverse impacts and then monitored for implementation at required intervals.

Attachment 8B

• Work with the City Manager to implement Department goals and objectives in accordance with the core purpose, mission, vision, and values of the City; administer policies and procedures; monitor the efficiency and effectiveness of Department work products through quality control and related activities. • Review legislation and assure compliance with laws, regulations, statutes, and codes that impact Department operations.
• Make presentations to Planning Commission and the City Council as required. • Make recommendations on planning and land use issues in the City such as zoning applications and development proposals.
• Supervise and perform the evaluation of land use proposals for conformity to established plans and ordinances; evaluate development proposals for impacts as they relate to the adopted plans of the City.
• Oversee the permitting functions of the department, including application, fee assessment and collection, application and plan review, permit issuance, inspection and occupancy.
• Ensure the maintenance of accurate and complete records of department activities. • Respond to inquiries about community development, planning and zoning regulations and ordinances; resolves development related disputes between departments, agencies and applicants.
• Maintains regular contact with consulting engineers, construction project engineers, the city attorney’s office, City, County, State and Federal agencies, professional and technical groups and the general public regarding department activities and services; attends meetings, conferences, and workshops as assigned. • Serve as the staff liaison to the Planning Commission and prepare and present reports and agenda items to the Planning Commission.
• Attend City Council meetings as required.
• Performs other or related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:
• Principles and practices of urban/regional planning, economic development, public administration, planning, community development, and department budgeting. • State Planning and Zoning laws and comprehensive land use plans including their formation and process of adoption.
• Principles and practices of municipal planning.
• Applicable Federal, State and local laws, codes and regulations, including, but not limited to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the National Environmental Policy Act (NEPA). • Methods and techniques for report preparation and writing. • Personal computers, GIS applications and applicable software.

Ability to:
• Ensure that department activities are completed consistent with City Council and City Manager goals, objectives, and directives.
• Provide leadership and strategic direction for the City’s land use planning processes.

• Communicate effectively, both orally and in writing, with employees, consultants, other governmental agency representatives, City officials, developers and the general public. • Supervise and oversee the operations of the Planning Department. • Supervise and oversee any assigned staff.
• Analyze and process complex development projects.
• Conduct studies, prepare comprehensive reports, and make decisions under pressure. • Multi-task and appropriately prioritize a high volume of development projects. • Establish and maintain effective working relationships.

Experience and Education:

Any combination of experience and training that would likely provide the required knowledge, skills and abilities necessary for satisfactory job performance is qualifying. A typical way to obtain the knowledge, skills and abilities would be:

Experience – Five years of increasingly responsible experience in a municipal government or similar public agency setting.

Education – Bachelor’s degree from an accredited college or university with major course work in urban and regional planning or related field. A Master’s degree is highly desirable.

Special Requirements:
• Possession of a valid California Class C driver’s license and good driving record. • Possession of a bachelor’s degree.
• AICP Certification is desirable.

Physical Requirements and Environmental Conditions:

The physical demands described below are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions on a case-by-case basis. There is frequent need to sit, stand, stoop, walk, and perform other similar actions during the course of the workday. Incumbents require sufficient mobility to work in an office setting and operate office equipment, transport materials and supplies weighing up to 25 pounds, and to travel to various locations; must be able to see in the normal visual range with or without correction with vision sufficient to read small print, computer screens and other printed documents; and must be able to hear in the normal audio range with or without correction.

This job specification should not be interpreted as all-inclusive. It is intended to identify essential functions and requirements of the job. Not all incumbents may perform all duties at all times. However, incumbents must be able to perform essential duties, with or without accommodation for disability at any time while holding this position.

Revised 09/06/2022

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: FEDERAL APPLICATION FOR ELIGIBILITY FOR

PURCHASING SURPLUS PROPERTY
MEETING DATE: September 6, 2022
PREPARED BY: Bonnie Johnson, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That City Council approve and authorize the City Manager to apply for eligibility to participate in the Federal Surplus Property Program to potentially purchase surplus property from the Federal Government.

DISCUSSION: The City was invited to participate in the Federal Surplus Program. The City’s Fire Department has participated in two other surplus programs in the past. One of the program’s eligibility for the City is about to expire. The City was able to obtain multiple pieces of equipment for the Fire Department and Public Works Department at a fraction of the cost for new equipment.

This program, administered by the California Department of General Services Office of Fleet and Asset Management, will provide access to a variety of surplus Federal property including vehicles and other types of equipment. The SASP (State Agencies for Surplus Property) application/eligibility is straight forward. Any purchases will be made in accordance with all applicable City, State and Federal purchasing requirements.

FISCAL IMPACT: None. This is an application for eligibility.

ATTACHMENTS:

Attachment A: Federal Forms (SASP 201 – 204; Certification regarding Debarment; and Certification regarding Terms and Conditions)
Attachment B: Census Bureau Quick Facts

QuickFacts
Calimesa city, California
QuickFacts provides statistics for all states and counties, and for cities and towns with a population of 5,000 or more.

Table
All Topics
Population Estimates, July 1 2021, (V2021) 10,893
 PEOPLE
Population
Population Estimates, July 1 2021, (V2021) 10,893
Population estimates base, April 1, 2020, (V2021) 10,034 Population, percent change - April 1, 2020 (estimates base) to July 1, 2021, (V2021) 8.6% Population, Census, April 1, 2020 10,026
Population, Census, April 1, 2010 7,879
Age and Sex
Persons under 5 years, percent 5.2%
Persons under 18 years, percent 21.2%
Persons 65 years and over, percent 25.2%
Female persons, percent 49.6%
Race and Hispanic Origin
White alone, percent 70.4%
Black or African American alone, percent (a) 2.0%
American Indian and Alaska Native alone, percent (a) 1.4% Asian alone, percent (a) 6.5%
Native Hawaiian and Other Pacific Islander alone, percent (a) 0.0% Two or More Races, percent 10.8%
Hispanic or Latino, percent (b) 30.8%
White alone, not Hispanic or Latino, percent 58.1%
Population Characteristics
Veterans, 2016-2020 799
Foreign born persons, percent, 2016-2020 7.1%
Housing
Housing units, July 1, 2021, (V2021) X
Owner-occupied housing unit rate, 2016-2020 85.7%
Median value of owner-occupied housing units, 2016-2020 $249,300 Median selected monthly owner costs -with a mortgage, 2016-2020 $1,910 Median selected monthly owner costs -without a mortgage, 2016-2020 $461 Median gross rent, 2016-2020 $1,341
Building permits, 2021 X
Families & Living Arrangements
Households, 2016-2020 3,261
Persons per household, 2016-2020 2.79
Living in same house 1 year ago, percent of persons age 1 year+, 2016-2020 88.7% Language other than English spoken at home, percent of persons age 5 years+, 2016-2020 13.2% Computer and Internet Use
Households with a computer, percent, 2016-2020 93.0%
Households with a broadband Internet subscription, percent, 2016-2020 87.7% Education
High school graduate or higher, percent of persons age 25 years+, 2016-2020 89.4% Bachelor's degree or higher, percent of persons age 25 years+, 2016-2020 21.5% Health
With a disability, under age 65 years, percent, 2016-2020 8.9% Persons without health insurance, under age 65 years, percent 5.8% Economy
In civilian labor force, total, percent of population age 16 years+, 2016-2020 49.6% An official website of the United States government
Calimesa city,
California
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In civilian labor force, female, percent of population age 16 years+, 2016-2020 41.9% Total accommodation and food services sales, 2017 ($1,000) (c) 19,012 Total health care and social assistance receipts/revenue, 2017 ($1,000) (c) 3,291 Total transportation and warehousing receipts/revenue, 2017 ($1,000) (c) 5,323 Total retail sales, 2017 ($1,000) (c) 77,910
Total retail sales per capita, 2017 (c) $8,776
Transportation
Mean travel time to work (minutes), workers age 16 years+, 2016-2020 32.8 Income & Poverty
Median household income (in 2020 dollars), 2016-2020 $61,671 Per capita income in past 12 months (in 2020 dollars), 2016-2020 $28,369 Persons in poverty, percent 9.7%
 BUSINESSES
Businesses
Total employer establishments, 2020 X
Total employment, 2020 X
Total annual payroll, 2020 ($1,000) X
Total employment, percent change, 2019-2020 X
Total nonemployer establishments, 2019 X
All employer firms, Reference year 2017 147
Men-owned employer firms, Reference year 2017 76
Women-owned employer firms, Reference year 2017 S
Minority-owned employer firms, Reference year 2017 S
Nonminority-owned employer firms, Reference year 2017 102 Veteran-owned employer firms, Reference year 2017 S
Nonveteran-owned employer firms, Reference year 2017 124  GEOGRAPHY
Geography
Population per square mile, 2020 674.8
Population per square mile, 2010 530.7
Land area in square miles, 2020 14.86
Land area in square miles, 2010 14.85
FIPS Code 0609864
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About datasets used in this table
Value Notes
Estimates are not comparable to other geographic levels due to methodology differences that may exist between different data sources.

Some estimates presented here come from sample data, and thus have sampling errors that may render some apparent differences between geographies statistically indistinguishable. Click the Quick Info  icon to the row in TABLE view to learn about sampling error.

The vintage year (e.g., V2021) refers to the final year of the series (2020 thru 2021). Different vintage years of estimates are not comparable.

Users should exercise caution when comparing 2016-2020 ACS 5-year estimates to other ACS estimates. For more information, please visit the 2020 5-year ACS Comparison Guidance page.

Fact Notes
(a) Includes persons reporting only one race
(c) Economic Census - Puerto Rico data are not comparable to U.S. Economic Census data (b) Hispanics may be of any race, so also are included in applicable race categories Value Flags
- Either no or too few sample observations were available to compute an estimate, or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest or upper in open ended distribution.

F Fewer than 25 firms
D Suppressed to avoid disclosure of confidential information N Data for this geographic area cannot be displayed because the number of sample cases is too small.

FN Footnote on this item in place of data
X Not applicable
S Suppressed; does not meet publication standards
NA Not available
Z Value greater than zero but less than half unit of measure shown QuickFacts data are derived from: Population Estimates, American Community Survey, Census of Population and Housing, Current Population Survey, Small Area Health Insurance Estimates, Small Area Income and P Estimates, State and County Housing Unit Estimates, County Business Patterns, Nonemployer Statistics, Economic Census, Survey of Business Owners, Building Permits.

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City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: SECOND AMENDMENT TO AGREEMENT FOR

ENVIRONMENTAL CONSULTING SERVICES BETWEEN

THE CITY OF CALIMESA AND ALBERT A WEBB
ASSOCIATES (“CONSULTANTS”)
MEETING DATE: September 6, 2022
PREPARED BY: Kelly Lucia, Planning Manager
RECOMMENDATION: It is respectfully recommended that the City Council approve the Second Amendment to Agreement for Environmental Consulting Services between the City of Calimesa and Albert A Webb Associates (“Consultant”), authorize the Mayor to execute the Agreement and approve Resolution 2022-45 amending the 2022-23 Fiscal Year Budget.

BACKGROUND/DISCUSSION: Effective March 1, 2021, the City entered into the Agreement for Environmental Consulting Services with Albert A Webb. The purpose of the contract is to produce the necessary planning and environmental documents required to establish a proposed Residential Infill Priority Area Overlay Zone (“RIPAOZ”). If approved, this overlay zone would increase densities, relax development standards, and amend the allowable product type for various infill properties throughout the City. This project was grant funded by the State in order to facilitate and streamline housing construction in the City. The Planning Department held public workshops with the Planning Commission on May 10, 2021 and with the City Council on June 7, 2021 to discuss the project. Following the workshops and based on discussions with various property owners and stakeholders, the following changes necessitated revisions and updates to the Project Description which are the basis for the out-of-scope work identified below:
• July 6, 2021 – City added two additional properties to project (APN’s 411-150-027 and 409-100-011) and identified two subareas with defined densities resulting in a change of projected dwelling units.
• July 14, 2022 – City added an additional property to project (APN 409-100-009). • August 25, 2021 – City removed property (APN 411-150-027) from project. • October 25, 2021 – City removed (APN 413-290-04) from Project.

The consultant has submitted a request for Change Order 2 (Attachment A) to cover the costs of the additional out-of-scope work and finish the Project. Change Order 2 identifies an additional $44,200.00 in fees. However, due to available grant funds and other anticipated savings in the Planning Department budget, the impact to the General Fund associated with Change Order 2 is $11,895.23.

Should the City Council choose not to approve the $11,895.23 from the General Fund, thus not complete the Overlay Zone project process, the City would likely be required to repay the grant reimbursements received to date as well as forfeit reimbursements not yet received.

The two grants, SB 2 and LEAP, collectively total $225,000.00.

FISCAL IMPACT: If approved by the City Council, the total impact of the change order request of $44,200.00 will be funded partially through the State LEAP grant for $20,494.77.

The remaining cost and recommended FY2022-23 budget adjustment of $23,705.23 will be transferred from the General Fund to the Planning Fund. The General Fund anticipates a savings in the contract for the Housing Element update of $11,810.00 and $11,895.23 will be funded through fund balance reserves.

ATTACHMENTS:

Attachment A: Second Amendment to Agreement for Environmental Consulting Services between the City of Calimesa and Albert A. Webb Associates (“Consultant”) with Exhibit A (Change Order No. 2)
Attachment B: City Council Resolution 2022-45

SECOND AMENDMENT TO AGREEMENT FOR

ENVIRONMENTAL CONSULTING SERVICES BETWEEN

THE CITY OF CALIMESA AND ALBERT A WEBB
ASSOCIATES (“CONSULTANT”)
This Second Amendment (herein “Second Amendment”) is entered into this 6th day of September 2022 and is an amendment to that certain Agreement (herein “Agreement”) that was made and entered into on March 1, 2021, and amended on September 7, 2021, by and between the City of Calimesa, a California municipal corporation (“City”) and Albert A Webb Associates, a California corporation (“Consultant”). City and Consultant may be collectively referred to as “Parties.”

R E C I T A L S
WHEREAS, City has determined that it requires a consultant and independent contractor to assist and provide certain environmental and planning services for City; WHEREAS, Consultant represents that Consultant has the necessary education, experience, skills and expertise to provide the type of services needed by City to provide planning and environmental services;
WHEREAS, on March 1, 2021 the City entered into an Agreement with Consultant to provide certain planning and environmental services to the City with an agreed upon cap in payment of $203,900;
WHEREAS, on September 7, 2021, the City entered into the First Amendment to the Agreement to include APNS 409100011 and 409100009 in the project scope and set the compensation to not to exceed $220,800 for the period March 1, 2021 to February 28, 2022.

WHEREAS, due to additional changes to the scope of the Project, the Parties now desire to amend the Agreement to set the term from September 6, 2022 to June 30, 2023 and set the compensation to not to exceed $265,000.

NOW, THEREFORE, the Parties agree as follows:

Section 1. Section 1 (Term) is hereby amended to read as follows:
“Subject to the terms and conditions set forth in this Agreement, the term (“Term”) of this Agreement shall be for a period of approximately nine months commencing on September 6, 2022 (the “Effective Date”), and shall expire thereafter at midnight on June 30, 2023, unless sooner terminated or extended pursuant to this Agreement.”
Section 2. Subsection 4A of Section 4 (Payment) is hereby amended to read as follows:
“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 C (Compensation for Services), Exhibit D (Change Order No. 1), and Exhibit E (Change Order No.

Attachment 10A

2), attached hereto and incorporated herein by this reference as though set forth in full and as amended concurrently with this second amendment. In accordance with Exhibit C, Exhibit D, and Exhibit E, total fees for services shown in the Scope of Work (Exhibit B) shall be provided on a lump sum basis not to exceed $265,000 in accordance with Paragraph B of this Section 4, and in accordance with the conceptual breakdown of Consultant’s fees listed in Exhibit C, Exhibit D, and Exhibit E. Charges for Services will be billed monthly on a percent complete basis.” Section 3. Subsection 4B of Section 4 (Payment) is hereby amended to read as follows:
“B. The total amount paid to Consultant under this Agreement for the Term shall not exceed Two Hundred Sixty-Five Thousand Dollars ($265,000), including Reimbursable Expenses in accordance with Exhibit C, Exhibit D, and Exhibit E unless additional payment is approved by the City Manager as provided in Paragraph (C) of this Section 4. As used in this Agreement, the term “Reimbursable Expenses” means charges for printing, copying, mileage, postage, outside services, or other services not specifically listed in the Scope of Work (Exhibit B) Reimbursable Expenses will be billed on a time and material basis, in accordance with Exhibit C (Compensation for Services), Exhibit D (Change Order No. 1), and Exhibit E (Change Order No. 2), attached hereto and incorporated herein by this reference. Project review and/or filing fees are not included in this Agreement and shall be paid by the City directly to the appropriate governmental agency Consultant’s maximum total compensation of $265,000 for the Term also includes payment of all taxes, insurance and fringe benefits, as well as all indirect costs, overhead and profit allowance, vehicles, travel, equipment, materials and supplies, except as otherwise authorized in Exhibit C , Exhibit D, and Exhibit E unless payment for additional expenses is approved by the City Manager in accordance with Paragraph B of this Section 4.”
Section 3. Except as otherwise amended in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Agreement the day and year first above written.

ATTEST:

By:____________________________
Darlene Gerdes, City Clerk
“City”
THE CITY OF CALIMESA, a municipal
corporation of the State of California
By:

William Davis, Mayor
“Consultant”
Albert A Webb Associates a California corporation
By:

Stephanie Standerfer, Vice President

Exhibit A
Change Order No. 2
(To Be Added as Exhibit E of the Amended Agreement)

2020-0238
REVISED August 22, 2022
June 9, 2022
Kelly Lucia
City of Calimesa
908 Park Avenue
Calimesa CA 92320
Delivered electronically to: [email protected]
Re: Contract Amendment No. 2 - Planning Services and Environmental Services for the Rezoning Residential Infill Priority Area Overlay Zone Project (RIPAOZ) in the City of Calimesa, California
Dear Kelly:

Pursuant to your request on June 2, 2022, Albert A. Webb Associates (WEBB) is providing you with this Contract Amendment No. 2 related to our Environmental Services for the Residential Infill Priority Area Zone Overlay project.

The Project has encountered of a number of changes that have necessitated updates to the Project Description which led to revisions in the following scoped items: Initial Study, Draft Programmatic EIR (PEIR), General Plan Amendment, General Plan Land Use/Zoning Map, In addition, WEBB furnished out of scope Project Management services; all of which are identified in detail below. These out of scope items have required WEBB to expend budgets for phases that have not yet commenced: 1) Screencheck 2 – Draft PEIR, 2) Public Review and Noticing of PEIR, and 3) Final EIR (FEIR)/Response to Comments (RTC).

On February 22, 2021, the City provided WEBB with a list of properties to be included in the RIPAOZ. In City email dated July 6, 2021, as a result of public housing workshops conducted with the Planning Commission on May 10, 2021 and City Council on June 7, 20201, the City added two properties to the Project (APN’s 411-150-027 and 409-100-011), prompting the need to update technical studies that had already been conducted and provide updates to both the Project Description and Initial Study that were already underway in order to cover these new properties. These changes were covered by approved Contract Amendment No. 1 dated August 25,2021.

The original scope identified the goal of the RIPAOZ to increase City’s residential density by 400 dwelling units. The email received by the City on July 6, 2021 also defined two subareas for the overlay zone with respective densities of 15 du/ac and 35 du/ac after having received feedback during the public workshops regarding densities and product types. These newly defined densities resulted

2 in a projected increase in residential dwelling units of 2,156; a total of 1,756 more units than originally scoped. The new projection was significantly larger than originally scoped which prompted the need for preparation and approval of a Water Supply Assessment (WSA). Preparation of WSA was covered by Contract dated January 19, 2022 approved and held with J.R. Watson & Associates Development Corp. The WSA was ultimately approved by South Mesa Water Company May 11, 2022.

The increase in projected dwelling units based on the July 6th City email, triggered additional updates to the Project Description, Initial Study, clarifications to Technical Studies already conducted, updates to sections of the Draft PEIR that were already prepared, all figures related to the proposed project, and updates to the calculations and language of the General Plan Amendment; all of which were not covered under the original proposal or subsequent change orders. Subsequently, on July 14, 2022, a third property was added (APN 409-100-009). Ultimately, on August 25, 2021 APN 411-150-027 was removed and during biweekly call on October 25, 2021, APN 413-290-041 was removed. All changes also induced revisions to items that had already been prepared, updated or underway.

Moreover, WEBB expended additional Project Management effort for biweekly meetings, effort to address additional Initial Study rounds of comments (including City attorney comments), and additional coordination effort related to the preparation of the General Plan Land Use/Zoning Map. WEBB has also provided other services not included, including services related to the Scoping Session and preparation of PEIR sections not included within the original scope of work.

To date, WEBB has not only expended the $220,800 but has incurred additional out of scope effort in the amount of $3,000 which exceeds the authorized budget and will require additional budget to complete the remaining project tasks.

If this Contract Amendment No. 2 is acceptable, please indicate such by signing and dating in the space provided below and return a copy to us. We continue to appreciate this opportunity to be of service to the City and look forward to bringing this project to completion.

Sincerely,
ALBERT A. WEBB ASSOCIATES Review and acceptance of CA #2 Stephanie Standerfer ___________________________
Vice President City of Calimesa

3 Out of Scope
As detailed above, the following changes necessitated revisions and updates to the Project Description which are the basis for the out of scope work identified below:
 July 6, 2021 – City added two additional properties to project (APN’s 411-150-027 and 409-100-011) and identified two subareas with defined densities resulting in a change of projected dwelling units from 400 to 2,156.
 July 14, 2022 – City added an additional property to project (APN 409-100-009).  August 25, 2021 – City removed property APN 411-150-027 from project.  October 25, 2021 – City removed APN 413-290-041 from Project.

General Plan Amendment Updates
 Additional coordination with City’s request to update the General Plan Land Use/Zoning Map. Original scope assumed City would provide comprehensive electronic version of this file to provide to WEBB. City file was not all inclusive and additional effort was necessary to create a comprehensive base file for City in order to reflect the RIPAOZ properties.

Initial Study Updates
As detailed above, each update to the to the Project Description resulted in updates to the Initial Study. Additionally, the original scope allotted for one round of revisions for minor City comments. WEBB provided a total of three rounds of revisions, one of which included addressing comments from City attorney.

Draft PEIR
As detailed above, each update to the to the Project Description resulted in updates to sections of the Draft PEIR already underway. Original scope assumed the following topics would be analyzed out as part of the Initial Study process to limit the number of issue areas to discuss as part of the Draft EIR:
 Biological Resources
 Cultural Resources
 Tribal Cultural Resources
 Hydrology and Water Quality – This topic was included to address one threshold related to water supply and to provide the results of the Water Supply Assessment (WSA) that was prepared as part of Contract with J.R. Watson & Associates Development Corp dated January 19, 2022 and approved by South Mesa Water Company on May 11, 2022.

As a result of the density increase, lending to preparation of a WSA, one additional threshold was required to be addressed under the topic of Utilities and Service Systems. Additionally, original scope of work included analysis of only two Alternatives. After comments were received during scoping session on April 7, 2022, City determined the best course of action would be to include one additional Alternative discussion to address public concerns.

4 Project Management
Attendance and preparation of public hearings, workshops, and scoping were excluded from the original contract and also identified that WEBB would provide limited coordination with City in order to keep budget low. However, WEBB was requested to prepare a Scoping Session Presentation and attend/participate in Scoping Session held via Zoom on April 7, 2022. WEBB has participated in biweekly meetings with the City since July 22, 2021 in order to help move the project forward.

Out of Scope Effort
Tasks Total Approved
Budget
Effort
Expended
Amount over
Budget
General Plan Amendment $9,900 $10,900 $1,000
Initial Study $25,500 $33,000 $7,500
SC1 DEIR $56,300 $75,100 $18,800
Project Management $16,800 $22,600 $5,800
Total Overbudget $33,100
Less Budgets Utilized from the following tasks not yet performed Screencheck 2 – Draft PEIR ($10,400)
Public Review and Noticing of PEIR ($3,800)
FEIR/RTC ($15,900)
Total Out of Scope Effort after Credit from remaining authorizations $3,000 Remaining Tasks
The following tasks are still required to be completed complete the environmental compliance process with the City. Scope of work for Tasks 1-3 was previously requested and approved in under original contract dated August 25, 2021. However, budgets reserved for these tasks were utilized as part of the out of scope efforts identified above. We are therefore requesting additional budget to complete Tasks 1 through 3 below. Task 4 is additional project management effort necessary to complete the CEQA process. We have included attendance at two remaining public meetings for Planning Commission and City Council.

Remaining Task Budgets
Tasks Budget

1. Screencheck 2 -Draft PEIR $ 10,400

2. Public Review/Noticing for PEIR $ 3,800

3. Final PEIR/Response to Comments $ 15,900

4. Additional Project Management $ 11,100
Budget for Remaining Tasks $ 41,200

5 Total Budget Request
Albert A WEBB Associates respectfully requests consideration for an additional estimated budget not to exceed $44,200 to be billed monthly in accordance with the attached fee schedule.

TOTAL BUDGET AUGMENTATION REQUEST
Tasks Budget
Out of Scope Items $ 3,000
Remaining Tasks $ 41,200
TOTAL BUDGET REQUEST $ 44,200
Revised Overall Project Budget
Original
Budget
CA No. 1
Budget
CA No. 2
Requested Budget
Revised Project
Budget
$203,900 $16,900 $44,200 $265,000

RESOLUTION NO. 2022-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA AMENDING FISCAL YEAR 2022-23
BUDGET TO INCLUDE CHANGE ORDER NO. 2 TO THE

ENVIRONMENTAL CONSULTING SERVICES AGREEMENT

WITH ALBERT A WEBB ASSOCIATES IN THE AMOUNT OF
$44,200
WHEREAS, in March 2021, the City Council approved an agreement with Albert A Webb Associates for Environmental Consulting Services associated with a proposed Residential Infill Priority Area Overlay Zone project; and WHEREAS, the City received a request from a property owner to have their parcels included in the City’s proposed Overlay Zone project the requesting property owners have agreed to pay for the cost of the contract change order in the amount of $16,900 for inclusion of their property in the proposed Overlay Zone project (Change Order No. 1). The City Council previously approved Change Order No. 1 on September 7, 2021; and
WHEREAS, staff subsequently conducted public workshops with the Planning Commission and City Council to further discuss and refine the Project. Following the workshops and based on discussions with various property owners and stakeholders, additional revisions and updates to the Project Description (adding and removing certain properties) resulted in out-of-scope work in the amount of $44,200.00 (Change Order No. 2); and
WHEREAS, due to available grant funds and other anticipated savings ($11,810.00) in the Planning Department budget, the net impact to the General Fund associated with Change Order No. 2 is $11,895.23.

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

SECTION 1: The Fiscal Year 2022-23 Budget is hereby amended to include a transfer of funds in the amount of $23,705.23 from the General Fund (account 01-8100- 9500) to the Planning Grant fund into account 18-0000-9501 and an increase in related expenses of $23,705.23 in account 18-0000-7210.

PASSED, APPROVED, and ADOPTED this 6
th day of September 2022.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK
Attachment 10B

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: CONTINUED PUBLIC HEARING: SPECIAL ASSESSMENTS FOR

WEED ABATEMENT CHARGES
MEETING DATE: September 6, 2022
PRESENTED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council open the continued public hearing, take public testimony and adopt Resolution No. 2022-44, A Resolution of the City Council of the City of Calimesa, California, confirming the report of charges to be placed as special assessments for weed abatement for 2022-2023.

BACKGROUND: This Public Hearing was continued at the July 18, 2022 City Council meeting to tonight’s meeting to allow for appropriate noticing to the property owners of payments due to the City for weed abatement charges.

The 2022 weed abatement program was conducted by the City’s Fire Department as follows:

First inspections commenced on or about April 4, 2022 through April 14, 2022. One Hundred Fifteen (115) properties were identified that were a fire hazard due to weeds and other flammable vegetation. “Notice to Abate” letters were mailed to the property owners as listed on the last equalized tax roll in compliance with requirements of Section 8.10.050 of the Calimesa Municipal Code. Property owners were given thirty days to abate weeds and other flammable vegetation.

Upon expiration of the thirty-day period, the Fire Department re-inspected the properties and found twenty-five (25) properties that had not complied with the Notice. Additionally, nine (9) other properties took advantage of the “Subscription Program” offered through the city’s weed abatement program and they have all been abated and invoiced for those charges. The abatements were completed by the city’s contractor A.B. Landscape.

On or about July 21, 2022, a Notice of the Public Hearing which included the amount of the proposed special assessment, where mailed to the property owners. In addition, a Notice of Public Hearing was published and posted, and a list of assessments were made available for viewing at City Hall. The property owners were given over 30 days to make their payment to the City, with a payment due date of August 29, 2022 by 5:30 p.m.

As of the date of this report, the City has received payment in full for the assessments due on only three (3) of the twenty-five (25) properties. These properties have been included on the Attached “Exhibit A” to Resolution No. 2022-44. There are 22 delinquent parcels as of August 30, 2022 with a total assessment amount of $7,781.10.

Inspections by the Fire Department will continue throughout the year and Notice of Violations will be sent to those property owners who are in violation of the Calimesa Municipal Code.

Staff will continue to offer abatement through the Subscription Program and those in violation of the 30 days’ notice will be abated by the City’s contractor and property owners will be billed for the abatement costs. Any payments not received by the property owners will be held for assessments to the tax rolls in the 2023/2024 tax year.

ATTACHMENTS:

Attachment A: Resolution No. 2022-44 with Exhibit A

RESOLUTION NO. 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, CONFIRMING THE REPORT OF

CHARGES TO BE PLACED AS SPECIAL ASSESSMENTS
FOR WEED ABATEMENT FOR 2022-2023.

WHEREAS, the City Council of the City of Calimesa (the "City Council") adopted Ordinance No. 92-2, codified at Chapter 8.10 to Title 8 of the Municipal Code of the City of Calimesa (the “Municipal Code”), commencing with Section 8.10.010, providing for the abatement of weeds and other flammable vegetation; and
WHEREAS, the duty to abate weeds and hazardous vegetation is established at Section 8.10.030 of the Municipal Code; and,
WHEREAS, all requirements of Chapter 8.10 of the Municipal Code, including the requirements for notice and hearing as set forth in Sections 8.10.050 through 8.10.090 thereof, have been met; and
WHEREAS, the City Council, pursuant to the authority granted by Chapter 8.10 and Section 8.10.090 of the Municipal Code, has received the report of the City Manager, has heard any protests and has confirmed the report of charges to be placed as special assessments for the respective parcels of land;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Removal costs and administrative charges for weed abatement are approved for the parcels of land as listed on Attachment “A,” and shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such costs and charges.

Section 2. The City Clerk is authorized and directed to submit a certified copy of this Resolution and the confirmed report to the Riverside County Auditor’s Office to place said special assessments on the assessment roll and to record liens against the subject properties with the Riverside County Recorder’s Office.

Section 3. The assessments shall be collected at the same time and in the same manner as the ad valorem County property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such assessments, subject to and in accordance with subsection (c) of Section 8.10.100 of the Municipal Code.

Attachment 11A

PASSED, APPROVED AND ADOPTED, this 6
th day of September 2022.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________________

DARLENE GERDES, CITY CLERK

2022 SPECIAL ASSESSMENTS - WEED ABATEMENT
Assess. Total
Number APN # Assess.
1 400-640-001 $559.62
2 400-640-002 $559.62
3 400-640-003 $559.62
4 400-640-004 $649.62
5 400-640-005 $614.62
6 400-640-006 $109.62
7 400-640-007 $936.62
8 400-640-009 $109.62
9 400-640-010 $129.62
10 400-640-011 $109.62
11 400-640-013 $109.62
12 410-020-053 $355.82
13 410-030-049 $276.45
14 410-030-050 $276.45
15 410-030-051 $276.45
16 410-030-052 $686.47
17 411-090-014 $285.27
18 411-090-017 $285.27
19 411-090-018 $285.28
21 413-210-032 $302.91
22 413-210-062 $302.91
TOTAL $7,781.10
RESOLUTION NO. 2022-44
ATTACHMENT "A"

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: PUBLIC HEARING: ZONING TEXT AMENDMENT (ZTA) 22- 03 - AMENDMENTS TO CALIMESA MUNICIPAL CODE TABLE

18.25.030 TO CONDITIONALLY ALLOW

TELECOMMUNICATIONS FACILITIES IN THE
NEIGHBORHOOD COMMERCIAL (“CN”) ZONE AND
CALIMESA MUNICIPAL CODE TABLE 18.30.030 TO

CONDITIONALLY ALLOW TELECOMMUNICATION
FACILITIES IN LIGHT INDUSTRIAL (“LI”) AND BUSINESS
PARK (“BP”) ZONES
MEETING DATE: September 6, 2022
PREPARED BY: Ryan Murphy, Contract Planner
RECOMMENDATION: That the City Council open the public hearing and continue it to the City Council Meeting of September 19, 2022 to allow staff time to finalize the proposed ordinance.

BACKGROUND/DISCUSSION: The City of Calimesa Planning Division is proposing an update to Title 18 (Zoning, Land Use and Development Regulations) (“Zoning Code”) of the Calimesa Municipal Code. The proposed changes consist of modifications to two tables in separate Chapters of the Zoning Code that govern the application procedures and allowable land uses within Commercial Zoning Districts and Industrial Zoning Districts.

The proposed changes and additions to the Zoning Code are standard in nature and are intended to respond to recently adopted federal regulations, which limits State and Local Management of the installation of wireless communications facilities and bring the Zoning Code into further compliance with those regulations.

PUBLIC HEARING NOTIFICATION: A notification of public hearing was published in the News Mirror on August 26, 2022 for the September 6, 2022 City Council meeting. A copy of the public hearing notice was posted at City Hall and the Norton Younglove Senior Center. The Notice was sent to surrounding properties, public agencies, and those who have previously requested to receive City public hearing notices.

City Council Meeting
Staff Report
Agenda Item No. 13
SUBJECT: PUBLIC HEARING – Birtcher Logistics Center at Oak Valley Town Center - A request by Scott Mulkay on behalf of Birtcher Development Management, LLC for Recommended Approval of Environmental Assessment 21-01 (EA 21-01), General Plan Amendment 21-01 (GPA 21- 01), Specific Plan Amendment 21-01 (SPA 21-01), Development Plan Review (“DPR”) 21-02 (“Wedge” trailer storage facility on TPM 37862 parcels 5 and 6), DPR 21-03 and Conditional Use Permit (“CUP”) 21-01 (Building A – TPM 37862 parcel 4), DPR 21-04 and CUP 21-02 (Building B – TPM 37862 parcel 3), DPR 21-05 and CUP 21-03 (Building C – TPM 37862 parcel 2), DPR 21-06 and CUP 21-04 (Building D – TPM 37862 parcel 1), Consideration of a Funding and Reimbursement Agreement between the City of Calimesa and Birtcher Development, and Revisions to Adopted Conditions of Approval for previously approved Tentative Parcel Map 37862, on a 115-acre portion of the Summerwind Ranch Specific Plan project
MEETING DATE: September 6, 2022
PREPARED BY: Kelly Lucia, Planning Manager
RECOMMENDED ACTION: That the City Council:

1. Adopt CC Resolution 2022-46 Approving Environmental Assessment 21-01, adopting a second Addendum to the certified EIR for Summerwind Ranch at Oak Valley (SCH #2004061035),

2. Adopt CC 2022-47 Approving General Plan Amendment 21-01, amending the Land Use, Open Space, and Trails Maps in the General Plan

3. Introduce Ordinance No. 382 Specific Plan Amendment 21-01, adopting Specific Plan Amendment SP-1, Amendment 3 (Summerwind Ranch)

4. Adopt CC 2022-48 Approving Development Plan Review 21-02, for design review of the “Wedge” truck and trailer parking facility, subject to Conditions of Approval

5. Adopt CC 2022-49 Approving Development Plan Review 21-03 and Conditional Use Permit 21-01, for proposed industrial development consisting of the approximately 705, 783 square foot “Building A” and related site improvements

6. Adopt CC 2022-50 Approving Development Plan Review 21-04 and Conditional Use Permit 21-02, for proposed industrial development consisting of the approximately 467,252 square foot “Building B” and related site improvements

7. Adopt CC 2022-51 Approving Development Plan Review 21-05 and Conditional Use Permit 21-03, for proposed industrial development consisting of the approximately 457,267 square foot “Building C” and related site improvements

8. Adopt CC 2022-52 Approving Development Plan Review 21-06 and Conditional Use Permit 21-04, for proposed industrial development consisting of the approximately 619,338 square foot “Building D” and related site improvements

9. Adopt CC 2022-53 Approving the second revision to the adopted conditions of approval for the previously approved Tentative Parcel Map 37862.

10.Approve the Funding and Reimbursement Agreement between the City of Calimesa and Birtcher Development to set funding and fair share reimbursement terms related to procurement of fire apparatus to service the Project.

DISCUSSION: The project, known as the Birtcher Logistics Center at Oak Valley Town Center, involves distinct items that have been submitted for review and approval, as outlined below. The requested General Plan Amendment (GP 21-01) attached to this staff report would amend the Land Use Element, Circulation Element and Open Space, Parks and Recreation Element of the General Plan, and consists of three General Plan Exhibits for land use, circulation and trails, that would be incorporated into the General Plan to implement the proposed Project. The attached Specific Plan Amendment (SPA 21-01) consists of a tracked changes version of the current Summerwind Ranch Specific Plan, so that proposed modifications to the Specific Plan text are clearly identifiable. Upon Council approval, the changes would be accepted and adopted as Specific Plan SP-1, Amendment

3. The application includes five Development Plan Reviews (DPRS 21-02 through 21-06) and four Conditional Use Permits (CUPS 21-01 through 21-04) for four industrial buildings totaling approximately 2.25 million square feet and an approximately 9-acre trailer parking lot. Attachment R is a Funding and Reimbursement Agreement between the City of Calimesa and Birtcher Development. The application includes a request for the second modification to the adopted conditions of approval for Tentative Parcel Map (TPM 37862). The previously approved tentative map includes fifteen fee-title Commercial and Business Park lots that would be sold for development and includes 17.8 acres of off-site grading to transition to existing grades. The Environmental Assessment (EA 21-01) adopts a second Addendum to the certified EIR for Summerwind Ranch at Oak Valley (SCH #2004061035),
The requested approvals discussed above were recommended for approval by the Planning Commission at a public hearing conducted on August 8, 2022. The Planning Commission unanimously approved PC Resolutions 2022-10 through 2022-18.

General Plan Amendment 21-01 (Attachment F):

General Plan Amendment 21-01 would amend the General Plan to modify General Plan Figure LU-1: Land Use Map to accommodate minor changes to the land use designations of three noncontiguous portions of the site to business park as follows: 1) modify the land use designation of 2.0 acre planning area TC-1A from Commercial to 1.8 acres of Business Park and 0.2 acres of right-of way, 2) modify the land use designation for 3.1 acre planning area TC-5 from Commercial to Business Park, 3) modify the land use designation of a 0.6 acre area within planning area TC-10 from open space to business park. See Figure 1 below.

FIGURE 1: LAND USE COMPARISON – CURRENT GENERAL PLAN LAND USES VS

PROPOSED GENERAL PLAN LAND USES
The GPA would also modify General Plan Figure OSPR-2: Trails Master Plan to 1) realign the residential phase 1 paseo from meandering into RLC-1 to remaining within planning area A-9 and 2) modify the asphalt paseo located within planning areas TC-10 and A-9 to a compacted soil or decomposed granite hiking trail. See Figure 2 below.

Commercial/open space Business Park

FIGURE 2: TRAILS PLAN COMPARISON – CURRENT TRAILS PLAN VS PROPOSED

TRAILS PLAN
Changes: 1) The paseo is realigned to stay within private ownership (A-9), rather than meandering into preserved open space (RLC-1) and 2) a segment of the planned asphalt paseo is modified to decomposed granite.

Specific Plan Amendment 21-01 (Attachment G):

SPA 21-01 would incorporate the aforementioned General Plan Amendment changes into the Summerwind Ranch Specific Plan land use figures III-1 and trails changes into figures III-10, IV-68, and IV-70. The SPA would also revise landscape setbacks such that no additional setbacks would be required along the common property line for two adjoining properties if they are combined with the same land use and includes administrative procedures for approval of minor signage and open space amenities.

FIGURE 3: FIGURE III-10 (TRAILS SYSTEM PLAN) COMPARISON – CURRENT PLAN VS

PROPOSED PLAN
Minor trail
alignment
Minor trail
alignment
Paseo material – Decomposed granite
Paseo material – Asphalt

FIGURE 4: FIGURE IV-68 (TRAIL AND SIDEWALK PLAN) COMPARISON – CURRENT

PLAN VS PROPOSED PLAN
FIGURE 3: FIGURE IV-70 (COMBINED ROADWAY/TRAIL INTERFACE CROSS SECTION KEY MAP) COMPARISON – CURRENT PLAN VS PROPOSED PLAN
DPR 21-02 for the “Wedge” truck and trailer facility (Attachment H and Attachment I):

Design review for proposed industrial development consisting of approximately 9.2 acres to be developed as a truck and trailer storage lot with 253 trailer parking spaces and a guard house for one of the adjacent building occupants or as a stand-alone facility (APNS 413-290-082 and 413-290-083).

Associated improvements to the Project site would include, but not be limited to, screen walls, fences, 2 employee parking stalls, 253 trailer parking spaces, vehicle circulation aisles, utility infrastructure, landscaping, exterior lighting, and a guard house. All screen walls for this Project will include battered stone pilasters every 125’ in accordance with the Specific Plan.

The site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are two entrances to the project, one directly from Roberts Road and another more westerly entrance via an internal circulation drive on Lot 3 that also connects to Roberts Rd. However, only the westerly entrance is intended as the primary entrance for day-to-day use. The other entrance directly from Roberts Rd. is for emergency

ingress and egress. Should this facility be leased by a tenant that also occupies either building A or B, the access via the internal circulation drive also provides for direct internal access from those facilities without the need to utilize public streets. Landscaping is used to lessen the visual impacts from the surrounding streets. The primary entrance will have an approx. 8’ x 15’ guard house with a restroom and the two automobile parking stalls are immediately adjacent to it. This allows prospective tenants to have 1-2 employees at the facility if desired. This guard house will not have sleeping quarters. Alternatively, the tenant may elect to utilize an automated gate operation system without occupying the guard house.

It is not anticipated that the tenant will use a yard goat/ hostler at the facility.

Per the Specific Plan Amendment, the uses allowed for this type of facility include facilities for the storage of operative and inoperative vehicles for periods of time, including, but is not limited to, parking towaway, impound yards, fleet yards, and storage lots for automobiles (excluding recreational vehicles), trucks, vans, trailers, and buses. It does not include or allow for retail sales. These facilities shall not be dependent upon any of the other uses within the Specific Plan. No tenants are yet identified, however typical occupants are anticipated to use the facility to drop off loaded trailers being exchanged from one tractor to another. The drop lot can also be used to park empty trailers that are not currently in use and are either not currently needed for deliveries or waiting to be taken to other facilities. The tenant could be a user of one of the adjacent buildings A-D, using this facility as a support facility, or a stand-alone tenant, all of which are allowable within the Business Park specific plan land use zoning designation. The tenants may operate 24/7/365. Retail sales are not anticipated or requested as part of the project approvals. If the facility is used by a stand-along tenant, it is not subject to a conditional use permit (CUP).

To properly screen the facility there is a combination of 8’ and 12’ tall screen walls to fully secure the facility. Along the northern property boundary, adjacent to Roberts Rd., where the elevation of the facility and the street diverge, the screen wall is placed close to the right-of-way to maximize the screening utilizing the lowest possible wall. Here an 8’ wall is utilized along the westerly portion of the facility and a 12’ tall wall is utilized on the eastern portion, where the grade of the facility is comparable to the street and a taller wall is required. The gates at both entries are 8’ tall tube steel with 80% opacity. The southerly wall, adjacent to the open space is an 8’ wall. The walls around the entire perimeter are compatible with the design intent indicated in the Summerwind Specific Plan, including stone pilasters. The facility will also be properly lit via light poles. Landscaping is provided in conjunction with the screen walls including fast-growing, tightly spaced trees along the southern property line to enhance the screening.

FIGURE 4: THE “WEDGE” RENDERING

DPR 21-03 and CUP 21-01 for Building A (Attachment J and Attachment K):

Design review and conditional use permit for proposed industrial development consisting of an approximate 705,783 square foot warehouse building together with up to 118 dock doors, related site work, tenant improvements, and facility parking (APN 413-290-081).

Associated improvements to the Project site would include, but not be limited to, screen walls, fences, 322 employee parking stalls, 142 trailer parking spaces, vehicle circulation aisles, truck courts, utility infrastructure, landscaping, exterior lighting and signage.

The automobile parking provided allows for the construction of approx. 15,000 SF of office space within the building. The Project is a speculative facility, meaning no tenants are yet identified, however typical occupants are anticipated to include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs and similar type uses, all of which are allowable within the Business Park specific plan land use zoning designation. The tenants may operate 24/7/365. Retail sales or outdoor fueling facilities are not anticipated or requested as part of the project approvals.

The site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are three entrances to the project, two along Singleton Road and a shared entrance along Roberts Road, through the Building B property. The easterly entrance on Singleton Rd. is also a shared entrance with Building B, while the westerly entrance along Singleton Rd. is a dedicated entrance. There is the ability to circulate completely around the building without needing to exit the property. Additionally, all entrances provide generous onsite queuing, with the ability to queue over 20 trucks in total onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances. Landscaping is used to lessen the visual impacts from the surrounding streets with walls and landscaping providing a significant buffer to residential housing to further to the southwest. The screen walls are adjacent to the open space adjacent to the west and south property lines and at both truck court entrances on the east side of the building. All screen walls surrounding the truck courts on both sides of the building are 12’ tall, to properly screen the trucks. The balance of the screen walls along the west and south side of the site are 8 to 14’ tall and architecturally similar to the other screen walls. The screen wall heights were derived via a combination of the visual screening required for the truck courts and the updated Noise Analysis provided as part of the EIR Addendum, with the taller requirement from the two constraints dictating the wall height. The easterly truck yard will be secured by a combination of concrete screen walls and tube steel fences and gates. All screen walls for this Project will include battered stone pilasters every 125’ in accordance with the Specific Plan.

The architectural character of the Project is consistent with the Summerwind Ranch at Oak Valley Specific Plan architectural guidelines. The architecture incorporates elements of the American farmhouse aesthetic to foster harmony with the development throughout the Summerwind Ranch. To the extent possible, large wall planes are avoided by providing offsets, details and the use of color and other ornamental architectural features. Specifically, the northwest elevation, prominent along Singleton Road, has both horizontal and vertical articulation and enhanced glazing, cornices and entry canopy features at the corners Building entries and office areas create building focal points with the use of varied massing, wall plane offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation.

The project signage includes internally illuminated business entry monumentation and wayfinding signage at the entrances along Singleton Rd. This signage is compatible with the signage detailed in the Specific Plan Amendment, including the use of the same stone accents as on the screen walls.

Additionally, there is internally illuminated building tenant signage and branding locations at three of the four building corners, the exception being the southwest corner.

FIGURE 5: BUILDING A RENDERING
DPR 21-04 and CUP 21-02 for Building B (Attachment L and Attachment M):

Design review and conditional use permit for proposed industrial development consisting of an approximate 467,252 square foot warehouse building together with up to 69 dock doors, related site work, tenant improvements, and facility parking (portions of APNS 413-290-079 and 413-290-080).

Associated improvements to the Project site would include, but not be limited to, screen walls, fences, 356 employee parking stalls, 81 trailer parking spaces, vehicle circulation aisles, truck courts, utility infrastructure, landscaping, exterior lighting and signage. The automobile parking provided allows for the construction of approx. 24,000 SF of office space within the building.

The Project is a speculative facility, meaning no tenants are yet identified, however typical occupants are anticipated to include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs and similar type uses, all of which are allowable within the Business Park specific plan land use zoning designation. The tenants may operate 24/7/365. Retail sales or outdoor fueling facilities are not anticipated or requested as part of the project approvals. The site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are two entrances to the project, one shared entrance with Building A along Singleton Road and a shared entrance along Roberts Road.

Additionally, both entrances provide generous onsite queuing, with the ability to queue over 10 trucks in totality onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances on the north and south side of the facility. Landscaping is used to lessen the visual impacts from the surrounding streets with walls and landscaping providing a significant buffer to residential housing to further to the southwest. To properly screen the trucks, 12’ tall screen walls are located at

both truck court entrances on the north and south side of the building. All screen walls for this Project will include battered stone pilasters every 125’ in accordance with the Specific Plan. The truck yard will be fully secured by a combination of concrete screen walls, tube steel fences and gates. The architectural character of the Project is consistent with the Summerwind Ranch at Oak Valley Specific Plan architectural guidelines. The architecture incorporates elements of the American farmhouse aesthetic to foster harmony with the development throughout the Summerwind Ranch. To the extent possible, large wall planes are avoided by providing offsets, details and the use of color and other ornamental architectural features. Specifically, the northwest elevation, prominent along Singleton Road, and the southeast elevation have both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. The northeast elevation, prominent along Roberts Road, provides variation in color, clerestory glazing, reveals, parapet height variation, metal tube canopies, accent stone and form liner to provide visual interest. Building entries and office areas create building focal points with the use of varied massing, wall plane offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation.

The project signage includes internally illuminated business entry monumentation and wayfinding signage at the entrance along Singleton Rd. and Roberts Rd. It also includes an Oak Valley Town Center monument sign at the intersection of Roberts Rd. and Singleton Rd. The monument sign is part of the master developer’s overall signage and parkway installation. All this signage is compatible with the signage detailed in the Specific Plan Amendment, including the use of the same stone accents as on the screen walls. Additionally, there is internally illuminated building tenant signage and branding locations at the four building corners, the exception being the southwest corner.

FIGURE 6: BUILDING B RENDERING
DPR 21-05 and CUP 21-03 for Building C (Attachment N and Attachment O):

Design review and conditional use permit for proposed industrial development consisting of an approximate 457,267 square foot warehouse building together with up to 78 dock doors, related site work, tenant improvements, and facility parking (APNs 413-190-035 and 413-190-036).

Associated improvements to the Project site would include, but not be limited to, screen walls, fences, 323 employee parking stalls, 83 trailer parking spaces, vehicle circulation aisles, truck courts, utility infrastructure, landscaping, exterior lighting and signage. The automobile parking provided allows for the construction of approx. 23,000 SF of office space within the building. The Project is a speculative facility, meaning no tenants are yet identified, however typical occupants are anticipated to include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs and similar type uses, all of which are allowable within the Business Park specific plan land use zoning designation. The tenants may operate 24/7/365. Retail sales or outdoor fueling facilities are not anticipated or requested as part of the project approvals. The site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are two entrances to the project, one along Singleton Road and another entrance along Roberts Road. There is the ability to circulate completely around the building without needing to exit the property. Additionally, both entrances provide generous onsite queuing, with the ability to queue over (15) trucks in totality onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances on the northwest and southeast side of the facility.

Landscaping is used to lessen the visual impacts from the surrounding streets. Further, tiered vegetative landscaping, including a combination of evergreen trees and shrubs shall be planted along the entire length of the northern Project boundary and the northernmost 1,000 linear feet of the western Project boundary. This vegetation would be planted as soon as possible following finish grading, with plant spacing such that the vegetation would form a vegetative barrier at least 33 feet thick and least 16 feet in height. At the north and western property line, a screen wall of up to 9’ tall will be installed at the top of the slope which, in combination with the landscaping, provides a significant buffer to Summerwind Ranch Specific Plan planning areas B-2, B-3, and E-2, further to the north and west. Reference the updated Noise Analysis provided as part of the EIR Addendum for specific analysis relative to this wall.

Additionally, to properly screen the trucks, screen walls are located where the truck court would be visible from the public right-of-way or the adjacent residentially zoned property. The truck court screen wall is 12’ tall at all locations visible from the public right-of way, including the southerly entrance to the western truck court, and the entire perimeter of the eastern truck court. All screen walls for this Project, with the exception of the sound wall adjacent to the residential property, will include battered stone pilasters every 125’ in accordance with the Specific Plan.

The architectural character of the Project is consistent with the Summerwind Ranch at Oak Valley Specific Plan architectural guidelines. The architecture incorporates elements of the American farmhouse aesthetic to foster harmony with the development throughout the Summerwind Ranch. To the extent possible, large wall planes are avoided by providing offsets, details and the use of color and other ornamental architectural features. Specifically, the northwest elevation, prominent along Singleton Road, and the southeast elevation have both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. The northeast elevation, prominent along Roberts Road, provides variation in color, clerestory glazing, reveals, parapet height variation, metal tube canopies, accent stone and form liner to provide visual interest. Building entries and office areas create building focal points with the use of varied massing, wall plane offsets, windows, colors, and other architectural features. Similar design features are included along the southeast elevation.

The project signage includes internally illuminated business entry monumentation and wayfinding signage
at the entrance along Singleton Rd. There is also Oak Valley project entry signage and wayfinding signage at the entrance along Roberts Rd. It also includes an Oak Valley Town Center monument sign at the intersection of Roberts Rd. and Singleton Rd. The Oak Valley project entry and monument signs are a part of the master developer’s overall signage and parkway installation. All this signage is compatible with the signage detailed in the Specific Plan Amendment, including the use of the same stone accents as on the screen walls. Additionally, there is internally illuminated building tenant signage and branding locations at three of the building corners, the exception being the northwest corner.

FIGURE 7: BUILDING C RENDERING (WESTBOUND ON SINGLETON ROAD) DPR 21-06 and CUP 21-04 for Building D (Attachment P and Attachment Q):

Design review and conditional use permit for proposed industrial development consisting of an approximate 619,338 square foot warehouse building together with up to 109 dock doors, related site work, tenant improvements, and facility parking (APNs 413-190-006, 413-190-007, 413-190-033 and 413-190-034).

Associated improvements to the Project site would include, but not be limited to, screen walls, fences, 283 employee parking stalls, 176 trailer parking spaces, vehicle circulation aisles, truck courts, utility infrastructure, landscaping, exterior lighting and signage. The automobile parking provided allows for the construction of approx. 10,000 SF of office space within the building. The Project is a speculative facility, meaning no tenants are yet identified, however typical occupants are anticipated to include high cube warehousing, general warehousing, industrial, manufacturing, minor assembly, e-commerce, parcel hubs and similar type uses, all of which are allowable within the Business Park specific plan land use zoning designation. The tenants may operate 24/7/365. Retail sales or outdoor fueling are not anticipated or requested as part of the project approvals. The site plan is laid out in such a way that there is convenient access provided to anticipated users, while avoiding an overbearing presence when the area is viewed from the street. There are two entrances to the project, one along Singleton Road and another entrance along Roberts Road. There is the ability to circulate completely around the building without needing to exit the property. Additionally, both entrances provide generous onsite queuing, with the ability to queue over (10) trucks in totality onsite if ever necessary. Ample parking is laid out such that it is proximate to the main building entrances on the northwest and southeast side of the facility. Landscaping is used to lessen the visual impacts from the surrounding streets. Further, tiered vegetative landscaping, including a combination of evergreen trees and shrubs shall be planted along the entire length of the northern Project boundary. This vegetation would be planted as soon as possible following finish grading, with plant spacing such that the vegetation would form a vegetative barrier at least 33 feet thick and least 16 feet in height. At this northern property line a screen wall of up to 8’ tall will be installed at the top of the

slope which, in combination with the landscaping provides a significant buffer to Summerwind Ranch Specific Plan planning area E-1, further to the north. Reference the updated Noise Analysis provided as part of the EIR Addendum for specific analysis relative to this wall. Additionally, to properly screen the truck court on the north side of the building there is a 12’ tall screen wall running perpendicular to Roberts Rd. with an 8’ tall gate with 80% opacity at the entrance to the truck court visible from the public right-ofway. The southerly truck court has a similar 12’ screen wall and gate running perpendicular to Roberts Rd. up to Singleton. Singleton Rd. is elevated above the building and the southerly truck court by 5-35’; therefore, they have placed an 8’ screen wall along Singleton at this location. This wall adequately screens the truck court from the public right-of-way as indicated in the section indicated on the architectural plans. These walls along Singleton Rd. and Roberts Rd. are compatible with the design intent indicated in the Summerwind Specific Plan, including stone pilasters. At the easterly Project frontage, along the I-10 freeway, the truck court will be secured via an 8’ tall tube steel fence. The truck yard will be fully secured by a combination of concrete screen walls, tube steel fences and gates. All screen walls for this Project, with the exception of the sound wall adjacent to the residential property, will include battered stone pilasters every 125’ in accordance with the Specific Plan. The architectural character of the Project is consistent with the Summerwind Ranch at Oak Valley Specific Plan architectural guidelines. The architecture incorporates elements of the American farmhouse aesthetic to foster harmony with the development throughout the Summerwind Ranch. To the extent possible, large wall planes are avoided by providing offsets, details and the use of color and other ornamental architectural features. Specifically, the west elevation, prominent along Roberts Road, and has both horizontal and vertical articulation and enhanced glazing, cornices, and entry canopy features at the corners. The east elevation, prominent along I-10 freeway, provides variation in color, clerestory glazing, reveals, horizontal and vertical articulation, metal tube canopies, accent stone, protruding metal trellises and form liner to provide visual interest. The south elevation is largely screened from Singleton Rd, However, the southwest office corner, along with all other building entries and office areas create building focal points with the use of varied massing, wall plane offsets, enhanced glazing, cornices, accent stone, form liner and entry canopy features.

The project signage includes internally illuminated wayfinding signage at the northern-most entrance along Roberts Rd. There is internally illuminated business entry monumentation at the southern-most entrance along Roberts Rd. and the entrance along Singleton Rd. It also includes an Oak Valley Town Center monument sign at the intersection of Roberts Rd. and Singleton Rd. The Oak Valley project entry and monument signs are a part of the master developer’s overall signage and parkway installation. Along the freeway there is a freestanding 75’ tall, internally illuminated project pylon sign. This sign is specific for the project and not to be utilized for outside advertising. All signage is compatible with the signage detailed in the Specific Plan Amendment, including the use of the same stone accents as on the screen walls. Additionally, there is internally illuminated building tenant signage and branding locations at the four building corners.

FIGURE 8: BUILDING D RENDERING #1 (FROM FUTURE SOUTH BOUND I-10 OFFRAMP) FIGURE 9: BUILDING D RENDERING # 2 (WESTBOUND ON SINGLETON ROAD) Master Signage Program
Each Development Plan Review application (DPRs 21-02 through 21-06) includes a request to approve the master signage program for the Birtcher Logistics Center at Oak Valley Town Center. The full master sign program is provided in Attachment H.

FIGURE 10: MASTER SIGN PROGRAM SITE PLAN
FIGURE 11: PROPOSED 75’ TALL FREEWAY PYLON SIGN

FIGURE 12: PROPOSED 8’ BUSINESS ENTRY MONUMENT SIGN
FIGURE 13: 8’ ONSITE DIRECTIONAL SIGN

FIGURE 14: ADDRESS AND TENANT SIGNS
Funding and Reimbursement Agreement (Attachment R):

The Funding and Reimbursement Agreement Between the City of Calimesa and Birtcher Development sets forth funding and fair share reimbursement terms related to procurement of fire apparatus to service the Project. Specifically, the Agreement would facilitate the procurement of a ladder truck to accommodate the commercial/industrial development which exceed a roof height of 32’ (ground ladder working height) or exceeds the required Needed Fire Flow (NFF) requirement of 3,500 Gallons Per minute (GPM) or present other life safety considerations, which, if proposed, would be considered for reimbursement to Birtcher Development.

Second Revision to adopted conditions of approval for TPM 37862 (Attachment S):

Tentative Parcel Map (“TPM 37862”) was previously approved by City Council Resolution No. 2020-44 to subdivide 219.2 acres into fifteen buildable lots; including 3 lettered lots for public streets, and 7 open space lots within the Summerwind Ranch Specific Plan, and an additional 17.8-acres of off-site grading to transition to existing adjacent grades. The adopted conditions of approval 11.1 and 11.4 were previously modified by City Council Resolution No. 2021-01. The current request is to modify conditions of approval 3.1 and 3.3 to allow for the recordation of separate instruments and other approved method, such as private easements, for access and the perpetual maintenance of certain facilities, rather than the currently required establishment of Business Park Covenants, Conditions, and Restrictions (“CC&Rs”).

ENVIRONMENTAL ANALYSIS (EA-21-01) (Attachment E):

GPA 21-01, SPA 21-01, DPRs 21-02 through 21-06, CUPs 21-01 through 21-04, the Funding and Reimbursement Agreement, and revisions to TPM 37862 conditions of approval are collectively considered a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”) and shall be collectively referred to as the “Project.” On April 18, 2005, pursuant to Resolution 2005-14, the City Council of the City of Calimesa certified a program Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (herein referred to as the “Summerwind Ranch EIR”) and approved a Mitigation Monitoring and Reporting Program and statement of overriding considerations as part thereof, for the Summerwind Ranch Specific Plan, in accordance with CEQA. The Summerwind Ranch EIR evaluated the environmental impacts associated with the Summerwind Ranch Specific Plan and related General Plan amendments and zoning code amendments and determined that the Summerwind Ranch project would result in significant and unavoidable impacts in the category of air quality (mobile source, vehicle emissions during the operation of the project, and construction emissions.

As the lead agency for the Project under CEQA, and prior to taking action on the Project, the City is required to determine whether the environmental effects of the Project are within the scope of the prior environmental analysis or whether additional environmental analysis is required. Pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, when an environmental impact report has been prepared for a project, no subsequent environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (1) substantial changes are proposed in the project which will require major revisions of the environmental impact report due to a new or increased significant impact on the environment; (2) substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report due to a new or increased significant impact on the environment; and/or (3) new information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. Following the applicant’s submittal of the Project applications, the City’s CEQA consultants prepared a second Addendum to the previously certified Summerwind Ranch EIR (EA 21-01), herein referred to as the “QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum” (Exhibit A hereto). The QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum evaluated proposed GPA 21-01, SPA 21- 01, DPRs 21-02 through 21-06, and CUPs 21-01 through 21-04, under the Summerwind Ranch EIR including the approved Mitigation Monitoring and Reporting Program incorporated therein (Exhibit B to this Resolution). The purpose of the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum was to determine whether the Project would present any substantial changes or new information of substantial importance, result in any potential new significant impacts or increase the severity of any significant impacts previously identified in the Summerwind Ranch EIR; whether the Project is consistent with the Summerwind Ranch EIR; and whether any further environmental review is required. The Planning Commission recommended approval of EA 21-01 by Planning Commission Resolution 2022-10.

ATTACHMENTS:

Attachment A: General Plan Land Use Map (Current)
Attachment B: Affidavit of Posting
Attachment C: Public Hearing Notice – EA 21-01, GPA 21-01, SPA 21-01, DPR 21-02, DPR 21-03 and CUP 21-01, DPR 21-04 and CUP 21-02, DPR 21-05 and CUP 21-03, DPR 21-06 and CUP 21-04, Funding and Reimbursement

Agreement between the City of Calimesa and Birtcher Development, and the second revision TPM 37862 conditions of approval
Attachment D: Public Hearing Notice Radius Labels
Attachment E: CC Resolution 2022-46 Approving Environmental Assessment 21-01 Adopting a second Addendum to the Certified EIR for the Summerwind Ranch at Oak Valley Project (SCH #2004061035) including links to the 1) second Addendum to the Final Certified EIR for Summerwind Ranch at Oak Valley including the Mitigation and Monitoring Plan, 2) Certified Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Specific Plan SP1, Amendment 1 (SCH #2004061035), Including the Mitigation Monitoring and Reporting Plan, and 3) City Council Resolution 2005-14 Certifying the Final EIR for the Summerwind Ranch at Oak Valley Project
Attachment F: CC Resolution 2022-47 Adopting General Plan Amendment 21-01 including Revised General Plan Figure LU-1 Land Use Map and Figure OSPR-2 Trails Master Plan
Attachment G: Ordinance 382 Approving Specific Plan Amendment 21-01, adopting the Summerwind Ranch Specific Plan Amendment SP-1, Amendment 3, including a link to the Summerwind Ranch Specific Plan Amendment SP-1, Amendment 3
Attachment H: The “Wedge” Truck and Trailer Parking Facility Project Description, site, l Landscape, architectural, civil plans, and master sign program (DPR 21-02) Attachment I: CC Resolution 2022-48 Approving DPR 21-02, subject to Conditions of Approval
Attachment J: Building A Project Description, site, landscape, architectural, civil plans, and master sign program (DPR 21-03 and CUP 21-01)
Attachment K: CC Resolution 2022-59 Approving DPR 21-03 and CUP 21-01 Attachment L: Building B Project Description, site, landscape, architectural, civil plans, and master sign program (DPR 21-04 and CUP 21-02)
Attachment M: CC Resolution 2022-50 Approving DPR 21-04 and CUP 21-02 Attachment N: Building C Project Description, site, landscape, architectural, civil plans, and master sign program (DPR 21-05 and CUP 21-03)
Attachment O: CC Resolution 2022-51 Approving DPR 21-04 and CUP 21-04

Attachment P: Building D Project Description, site, landscape, architectural, civil plans, and master sign program (DPR 21-06 and CUP 21-04)
Attachment Q: CC Resolution 2022-52 Approving DPR 21-06 and CUP 21-04 Attachment R: Funding and Reimbursement Agreement between the City of Calimesa and Birtcher Development
Attachment S: CC Resolution 2022-53 Approving the revisions to adopted conditions of approval for previously approved TPM 37862
Attachment T: Yucaipa Valley Water District Preliminary Service Evaluation Letter dated November 16, 2021.

Attachment 13B

CITY OF CALIMESA

NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on August 8, 2022 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the Planning Commission of the City of Calimesa will hold a public hearing (in person) to consider recommended actions to the City Council as follows:

A REQUEST BY SCOTT MULKAY ON BEHALF OF BIRTCHER DEVELOPMENT

MANAGEMENT, LLC FOR THE BIRTCHER COMMERCE CENTER OAK VALLEY TOWN CENTER PROJECT: ENVIRONMENTAL ASSESSMENT 21-01 (EA 21-01), GENERAL PLAN AMENDMENT 21-01 (GPA 21-01), SPECIFIC PLAN AMENDMENT 21-01 (SPA 21-01), DEVELOPMENT PLAN REVIEW (“DPR”) 21-02 (“WEDGE” TRAILER STORAGE FACILITY ON TPM 37862 PARCELS 5 AND 6), DPR 21-03 AND CONDITIONAL USE PERMIT (“CUP”) 21-01 (BUILDING A – TPM 37862 PARCEL 4), DPR 21-04 AND CUP 21-02 (BUILDING B – TPM 37862 PARCEL 3), DPR 21-05 AND CUP 21-03 (BUILDING C – TPM 37862 PARCEL 2), DPR 21-06 AND CUP 21-04 (BUILDING D – TPM 37862 PARCEL 1), CONSIDERATION OF A FUNDING AND

REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CALIMESA AND

BIRTCHER DEVELOPMENT, AND REVISIONS TO ADOPTED CONDITIONS OF APPROVAL FOR PREVIOUSLY APPROVED TENTATIVE PARCEL MAP 37862, ON A 115-ACRE PORTION OF THE SUMMERWIND RANCH SPECIFIC PLAN

PROJECT LOCATED APPROXIMATELY ONE-QUARTER MILE NORTH OF

CHERRY VALLEY BOULEVARD TO ONE-QUARTER MILE NORTH OF
SINGLETON ROAD, AS FOLLOWS:
• EA 21-01, AN ENVIRONMENTAL ASSESSMENT EVALUATING MINOR TECHNICAL CHANGES OR ADDITIONS TO THE PROJECT. THE ANALYSIS

IDENTIFIES THAT NONE OF THE CONDITIONS CITED IN CEQA
GUIDELINES SECTIONS 15162 THROUGH 15164 CALLING FOR THE

PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL EIR HAVE

OCCURRED, RESULTING IN THE PREPARATION OF THE SECOND

ADDENDUM TO THE PREVIOUSLY CERTIFIED SUMMERWIND RANCH EIR (SCH# 2004061035).
• GPA 21-01, AN AMENDMENT TO GENERAL PLAN FIGURE LU-1: LAND USE

MAP TO ACCOMMODATE MINOR CHANGES TO THE LAND USE

DESIGNATIONS OF THREE NON-CONTIGUOUS PORTIONS OF THE SITE TO BUSINESS PARK AS FOLLOWS: 1) MODIFY THE LAND USE DESIGNATION OF 2.0 ACRE PLANNING AREA TC-1A FROM COMMERCIAL TO 1.8 ACRES OF BUSINESS PARK AND 0.2 ACRES OF RIGHT-OF-WAY; 2) MODIFY THE Attachment 13C

LAND USE DESIGNATION FOR 3.1 ACRE PLANNING AREA TC-5 FROM COMMERCIAL TO BUSINESS PARK, AND 3) MODIFY THE LAND USE DESIGNATION OF A 0.6 ACRE AREA WITHIN PLANNING AREA TC-10 FROM

OPEN SPACE TO BUSINESS PARK, THE AMENDMENT WOULD ALSO
MODIFY GENERAL PLAN FIGURE OSPR-2: TRAILS MASTER PLAN TO 1) REALIGN THE RESIDENTIAL PHASE 1 PASEO FROM MEANDERING INTO RLC-1 TO REMAINING WITHIN PLANNING AREA A-9 AND 2) MODIFY THE ASPHALT PASEO LOCATED WITHIN PLANNING AREAS TC-10 AND A-9 TO A COMPACTED SOIL OR DECOMPOSED GRANITE HIKING TRAIL.
• SPA 21-01 WOULD INCORPORATE THE AFOREMENTIONED GENERAL

PLAN LAND USE CHANGES INTO THE SUMMERWIND RANCH SPECIFIC PLAN LAND USE FIGURE III-1 AND TRAILS CHANGES INTO FIGURES III10, IV-68, AND IV-70. THE SPA WOULD ALSO REVISE LANDSCAPE

SETBACKS SUCH THAT NO ADDITIONAL SETBACKS WOULD BE

REQUIRED ALONG THE COMMON PROPERTY LINE FOR TWO ADJOINING

PROPERTIES IF THEY ARE COMBINED WITH THE SAME LAND USE AND

INCLUDES ADMINISTRATIVE PROCEDURES FOR APPROVAL OF MINOR SIGNAGE AND OPEN SPACE AMENITIES.
• DPR 21-02 FOR THE “WEDGE” TRAILER PARKING FACILITY – DESIGN

REVIEW FOR PROPOSED INDUSTRIAL DEVELOPMENT CONSISTING OF APPROXIMATELY 9.2 ACRES TO BE DEVELOPED AS A TRUCK AND
TRAILER STORAGE LOT WITH 253 TRAILER PARKING SPACES AND A

GUARD HOUSE FOR ONE OF THE ADJACENT BUILDING OCCUPANTS OR AS A STAND-ALONE FACILITY. (PORTIONS OF APNS 413-290-047 AND 413- 290-075).
• DPR 21-03 AND CUP 21-01 FOR BUILDING A – DESIGN REVIEW AND

CONDITIONAL USE PERMIT FOR PROPOSED INDUSTRIAL
DEVELOPMENT CONSISTING OF AN APPROXIMATE 705,783 SQUARE FOOT WAREHOUSE BUILDING TOGETHER WITH UP TO 118 DOCK DOORS,

RELATED SITE WORK, TENANT IMPROVEMENTS AND FACILITY
PARKING (PORTIONS OF APNS 413-190-025 AND 413-290-047). • DPR 21-04 AND CUP 21-02 FOR BUILDING B – DESIGN REVIEW AND

CONDITIONAL USE PERMIT FOR PROPOSED INDUSTRIAL
DEVELOPMENT CONSISTING OF AN APPROXIMATE 467,252 SQUARE FOOT WAREHOUSE BUILDING TOGETHER WITH UP TO 69 DOCK DOORS,

RELATED SITE WORK, TENANT IMPROVEMENTS, AND FACILITY
PARKING (PORTIONS OF APN 413-190-025 AND 413-290-047).
• DPR 21-05 AND CUP 21-03 FOR BUILDING C – DESIGN REVIEW AND

CONDITIONAL USE PERMIT FOR PROPOSED INDUSTRIAL
DEVELOPMENT CONSISTENT OF AN APPROXIMATE 457,267 SQUARE FOOT WAREHOUSE BUILDING TOGETHER WITH UP TO 78 DOCK DOORS,

RELATED SITE WORK, TENANT IMPROVEMENTS, AND FACILITY
PARKING (PORTIONS OF 413-190-025).
• DPR 21-06 AND CUP 21-04 FOR BUILDING D – DESIGN REVIEW AND

CONDITIONAL USE PERMIT FOR PROPOSED INDUSTRIAL
DEVELOPMENT CONSISTING OF AN APPROXIMATE 619,338 SQUARE FOOT WAREHOUSE BUILDING TOGETHER WITH UP TO 109 DOCK DOORS,

RELATED SITE WORK, TENANT IMPROVEMENTS, AND FACILITY

PARKING (PORTIONS OF 413-190-021 AND 413-190-025 TOGETHER WITH 413-190-006 AND 413-190-007).
• FUNDING AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF

CALIMESA AND BIRTCHER DEVELOPMENT TO SET FUNDING AND FAIR

SHARE REIMBURSEMENT TERMS RELATED TO PROCUREMENT OF FIRE APPARATUS TO SERVICE THE PROJECT.
• TPM 37862 WAS PREVIOUSLY APPROVED BY CITY COUNCIL RESOLUTION NO. 2020-44 TO SUBDIVIDE 219.2 ACRES INTO FIFTEEN BUILDABLE LOTS; 3 LETTERED LOTS FOR PUBLIC STREETS, AND 7 OPEN SPACE LOTS WITHIN THE SUMMERWIND RANCH SPECIFIC PLAN AND INCLUDED 17.8-

ACRES OF OFF-SITE GRADING TO TRANSITION TO EXISTING ADJACENT GRADES. ADOPTED CONDITIONS OF APPROVAL 11.1 AND 11.4 WERE PREVIOUSLY MODIFIED BY CITY COUNCIL RESOLUTION NO. 2021-01.

THE CURRENT REQUEST IS TO MODIFY CONDITIONS OF APPROVAL 3.1 AND 3.3.

Complete copies of the Environmental Assessment, General Plan Amendment, Specific Plan Amendment, Development Plan Reviews, Conditional Use Permits, Funding and Reimbursement Agreement, and revised Tentative Parcel Map conditions of approval are available for public review by appointment at the City Clerk’s Office, City of Calimesa, 908 Park Avenue, Calimesa, California 92320.

NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the Deputy City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on Monday, August 8, 2022.

PLEASE NOTE that pursuant to Government Code Section 65090, if you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this Notice or in written correspondence delivered to the City Clerk of the City of Calimesa prior to or at the public hearing.

Site
(outlined
in bold)
Calimesa General Plan Map

City of Calimesa Fire
Attn: Tim O’Connell
908 Park Avenue
Calimesa, CA 92320
C.R.&R.

P.O. Box 1208
Perris, CA 92572
The Gas Co.

P.O. Box 3150
San Dimas, CA 91773
Riverside County Flood Control
Attn: Mark Wills
1995 Market Street
Riverside, CA 92501
Phone: (951) 955-1200
Southern California Edison
P.O. BOX 300
Rosemead, CA 91772-0001
City of Yucaipa – Planning Department
Attn: Benjamin Matlock
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Riverside County Sheriff’s Department
Attn: Tim Salas
50290 Main St
Cabazon, CA 92230
Phone: (951) 922-7100
Omnitrans Headquarters
1700 W. Fifth Street
San Bernardino, CA 92411
Beaumont City Planning Department
Attn: Christina Taylor
550 E 6th St
Beaumont, CA 92223
Riverside County Planning Department
4080 Lemon Street
P.O. Box 1409
Riverside, CA 92502-1409
Banning Pass Area Transit
789 North San Gorgonio Avenue
Banning, CA 92220
South Mesa Water District
Attn: Dave Armstrong
391 W Ave L
Calimesa, CA 92320
Phone: (909) 795-2401
Beaumont Unified School District
Attn: Superintendent’s Office
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Riverside Transit Agency
1825 Third Street
P.O. Box 59968
Riverside, CA 92517-1968
City of Banning
Attn: Adam Rush
99 E Ramsey Street
Banning, CA 92220
Yucaipa Valley Water District
Attn: Joe Zoba
12770 2nd St
Yucaipa, CA 92399
Phone: (909) 797-5117
Yucaipa/Calimesa Joint Unified School
District
12797 3rd St
Yucaipa, CA 92399
Richard Drury
Komalpreet Toor
Stacey Oborne
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Beaumont Unified School District
Attn: Lisa Hendrix, Director of Facilities
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Beaumont Unified School District
Attn: Diane Mendez, Facilities Coordinator
350 West Brookside Avenue
PO Box 187
Beaumont, CA 92223
Beaumont Cherry Valley Water District
Attn: Dan Jaggers
560 Magnolia Avenue
Beaumont, CA 92223
Attachment 13D

TRIBAL NOTIFICATIONS
Use for SB18 and AB52 Processes
AND Public Hearings
The Morongo Band of Mission Indians
ATTN: Cultural Heritage Department
12700 Pumarra Rd,
Banning, CA 92220
Agua Caliente Band of Mission Indians
Attn: Patricia Garcia
Director of Tribal Historic Preservation Office
5401 Dina Shore Drive
Palm Springs, CA 92264
San Manuel Band of Mission Indians
Attn: Jessica Mauck, Director of Cultural
Resources
26569 Community Center Drive
Highland, CA 92346
Augustine Band of Cahuilla Mission Indians
Attn: Amanda Vance, Chairperson
PO Box 846
Coachella, CA 92236
Cabazon Band of Mission Indians
Attn: Doug Welmas, Chairperson
84-245 Indio Springs Parkway
Indio, CA 92203
Cahuilla Band of Mission Indians
Attn: Daniel Salgado, Chairperson
52701 US Hwy 371
Anza, CA 92539
Los Coyotes Band of Mission Indians
Attn: Shane Chapparosa, Chairperson
PO Box 189
Warner Springs, CA 92086-0189
Ramona Band of Cahuilla Mission Indians
Attn: Joseph Hamilton, Chairperson
PO Box 391670
Anza, CA 92539
San Fernando Band of Mission
Indians
Attn: John Valenzuela, Chairperson
PO Box 221838
Newhall, CA 92322
Santa Rosa Band of Mission Indians
Attn: Steven Estrada, Chairperson
PO Box 391820
Anza, CA 92539
Serrano Nation of Mission Indians
Attn: Goldie Walker, Chairperson
PO Box 343
Patton, CA 92369
Soboba Band of Luiseno Indians
Attn: Rosemary Morillo, Chairperson
PO Box 487
San Jacinto, CA 92583
Torres-Martinez Desert Cahuilla Indians
Attn: Mary Resvaloso, Chairperson
PO Box 1160
Thermal, CA 92274
Pechanga Cultural Resources Department
Attn: Juan Ochoa, Molly Earp-Escobar, and/or
Tina Thompson Mendoza P.O. Box 1477
Temecula, CA 92593

Parcels

APN OWNER ADDRESS CITY STATE ZIP
413280034;
413280035;
413280039;
413280007;
413280024;
413280025;
413280010

OAK VALLEY

DEVELOPME
NT CO
2242 GOOD HOPE RD PROSPER TX 7507856
75 413290074;
413950035

SUMMERWI

ND TRAILS
EAST

ASSOCIATIO
N
3155-D SEDONA CT #150 ONTARIO CA 91764
413190021;
413190025;
413290047;
413190006
QR

BIRTCHER

OAK VLY

OWNER LLC
450 NEWPORT CENTER DR
#220
NEWPORT BEACH CA 92660
413280040;
413290048
CALIMESA 2

HOLDINGS
64 WALL ST #212 NORWALK CT 6850
413290064 BEAUMONT

UNIFIED
SCHOOL

DISTRICT
ATTN:

SUPERINTEN

DENT OFFICE
PO BOX 187 BEAUMONT CA 92223
413290009 RIVERS &
LAND

CONSERVAN
CY
4075 MISSION INN
AVENUE
RIVERSIDE CA 92501
413290069;
413190024;
413190026;
413190022
SOCAL 1 JEN 556 S FAIR OAKS AVENUE
#337
PASADENA CA 91105
413290075 YUCAIPA
VALLEY
WATER

DISTRICT
ATTN: JOE
ZOBA
12770 2ND STREET YUCAIPA CA 92399
413190007 TRACY L
MACK
9740 WELLER ROAD CALIMESA CA 92320

413280001;
413280002

JEFFREY F

HEWITT &
SMITH
PAMELA
HEWITT
955 ROBERTS ROAD CALIMESA CA 92320
413280003;
413280004;
413280005;
413280006

JOANNE K

FERGUSON
1628 COUNTRY CLUB
DRIVE
REDLANDS CA 92373
413280009 DAVID C
GOAD
1154 RIVERTREE DRIVE NEW BRAUNFELS TX 78130
413960024 MARIA G

CARDENAS &

TAYLOR W

CARDENAS
1196 LITTLE LEAF STREET CALIMESA CA 92320
413960023 CARI A GEISS 1192 LITTLE LEAF STREET CALIMESA CA 92320 413960022 BUDDY J

SERRATO &

ELIZABETH
LAMAS
1188 LITTLE LEAF STREET CALIMESA CA 92320
413960021 RICHARD
LUNA
1184 LITTLE LEAF STREET CALIMESA CA 92320
413960020 DAVID T

MARTINEZ &

MARIA L DE

TERRIQUEZ
1180 LITTLE LEAF STREET CALIMESA CA 92320
413960019 ANDRETTIA

CASTELLANO
S
1176 LITTLE LEAF STREET CALIMESA CA 92320
413960018 HECTOR C

DAVIS, LILIA

S DAVIS
1172 LITTLE LEAF STREET CALIMESA CA 92320
413960017 TRAVIS

BUENTING,

ERICA REYES
1168 LITTLE LEAF STREET CALIMESA CA 92320
413960025 LENNAR

HOMES OF

CALIFORNIA
INC
980 MONTECITO DR #302 CORONA CA 92879
413960016 ELMORE

PAGADO &

KELLY M
REIDY
1160 LITTLE LEAF STREET CALIMESA CA 92320
413960015 ALBERT O

ABIFADE,

VERONICA O

ABIFADE
1156 LITTLE LEAF STREET CALIMESA CA 92320

413960014 ISAAC H

IBARRA &

ELIZABETH
IBARRA
1152 LITTLE LEAF STREET CALIMESA CA 92320
413960013 KYLEE

CARRILLO &
RYAN

CARRILLO
1148 LITTLE LEAF STREET CALIMESA CA 92320
413960012 GEORGINIA

ARREDONDO
&

ALEJANDRO
MOISES

MARQUEZ
1144 LITTLE LEAF STREET CALIMESA CA 92320
413960011 DIANE

CRYSTAL
BONDS
1140 LITTLE LEAF STREET CALIMESA CA 92320
413960010 DARRIN

THURBER,

CRISTINE
ORILLOSATHURBER
1136 LITTLE LEAF STREET CALIMESA CA 92320
413960009 ARMIJO
LIVING
TRUST
1132 LITTLE LEAF STREET CALIMESA CA 92320
413960008 CHRISTIAN

BISCARDO,

MARYANN
SANTOS

BISCARDO
1128 LITTLE LEAF STREET CALIMESA CA 92320
413960007 LORAIN ANN

WILLIAMS
1124 LITTLE LEAF STREET CALIMESA CA 92320
413960006 DAVID

CASTRO,

SARRIAH

BRUBAKER
1120 LITTLE LEAF STREET CALIMESA CA 92320
413960005 BRANDON
JOSEPH
SAYLOR
1116 LITTLE LEAF STREET CALIMESA CA 92320
413960004 CHRISTOPHE

R MICHAEL
DENNIS
1112 LITTLE LEAF STREET CALIMESA CA 92320
413960003 SUN HENG
MEAS
1108 LITTLE LEAF STREET CALIMESA CA 92320
413960002 FRED

DOUGLAS
WALKER
1104 LITTLE LEAF STREET CALIMESA CA 92320

413960001 NALENI
PHAGU
1100 LITTLE LEAF STREET CALIMESA CA 92320
413950033 BERENICE

PADILLA,
MARIO
GARCIA
1096 LITTLE LEAF STREET CALIMESA CA 92320
413950032 MARIA
BRIONESCASTELLANO

S, SALVADOR

CASTELLANO
S
1092 LITTLE LEAF STREET CALIMESA CA 92320
413950031 NAIMAH P

CLEVELAND
1088 LITTLE LEAF STREET CALIMESA CA 92320
413950030 ANTONIO S

VAZQUEZ &

MARIA G

VAZQUEZ
1084 LITTLE LEAF STREET CALIMESA CA 92320
413950029 ADRIANA
MEJIA,
MARIO

ENRIQUE

ESCALANTE
1080 LITTLE LEAF STREET CALIMESA CA 92320
413950028 NANCI

GARCIA,
EDGAR
GARCIA
1076 LITTLE LEAF STREET CALIMESA CA 92320
413950027 KRISTEN

WILLIAMS
1072 LITTLE LEAF STREET CALIMESA CA 92320
413950026 CHARLES T

JEWELL &
HANNAH
JEWELL
1068 LITTLE LEAF STREET CALIMESA CA 92320
413950025 MACHADO

DYNASTY
LOUISE
1064 LITTLE LEAF STREET CALIMESA CA 92320
413950024 JARED RAY

BUENTING
1060 LITTLE LEAF STREET CALIMESA CA 92320
413950023 CRAIG C

SANDERS,

KELLY R

SANDERS
1056 LITTLE LEAF STREET CALIMESA CA 92320
413950022 LLERENA

CARLOS & O
FAMILY
TRUST
1052 LITTLE LEAF STREET CALIMESA CA 92320

413950021 EVA

LORRAINE

GARCIA,
FAUSTO
GARCIA

SANTIAGO
1048 LITTLE LEAF STREET CALIMESA CA 92320
413950020 RIZA ILISAN,

ED ILISAN
1044 LITTLE LEAF STREET CALIMESA CA 92320
413950019 DANIEL
LOPEZ,

MARIA G

SANTANA

ANDRADE
1040 LITTLE LEAF STREET CALIMESA CA 92320
413950018 JANETTE R

LLABAN &

SOFRONIO S
LLABAN
1036 LITTLE LEAF STREET CALIMESA CA 92320
413950017 SHELBY

BIXLER,
LAUREN
BIXLER
1032 LITTLE LEAF STREET CALIMESA CA 92320
413950016 JOHN

LEONARD
NOBEL

KOROMPIS,
LINDA
HUSADA
1028 LITTLE LEAF STREET CALIMESA CA 92320
413950015 EMANUEL
GARCIA
TORRES
1024 LITTLE LEAF STREET CALIMESA CA 92320
413950014 VINCENT
ANDREW

RODRIGUEZ,

YOLANDA

RODRIGUEZ
1020 LITTLE LEAF STREET CALIMESA CA 92320
413950013 ALISON

DEBORAH

BUCKLER
1016 LITTLE LEAF STREET CALIMESA CA 92320
413950012 ANTHONY

DOMINIC

DEMARIA,

KRISTIN ANN

DEMARIA
1012 LITTLE LEAF STREET CALIMESA CA 92320
413950001 STEVEN

MULVIHILL,
AMY

MULVIHILL
1020 MARIGOLD COURT CALIMESA CA 92320

413950010 REBECCA A

SERAFINI
1024 MARIGOLD COURT CALIMESA CA 92320
413950009 DESMOND D

SAUBEL JR
1028 MARIGOLD COURT CALIMESA CA 92320
413950008 EDGAR R

ALMEJO &

CYNTHIA J
ALMEJO
1032 MARIGOLD COURT CALIMESA CA 92320
413950007 MICHAEL

GUTIERREZ,

CHRISTIAN

CORDERO
1036 MARIGOLD COURT CALIMESA CA 92320
413950006 SERGIO

VIOLANTE
1039 MARIGOLD COURT CALIMESA CA 92320
413950005 BRANDON
AUGUST

SATTELMAIE

R, EMILY

ANN HEIRES
1035 MARIGOLD COURT CALIMESA CA 92320
413950004 FRANK LEE

COSENTINO,

CHRISTINE

DOMINIQUE

COSENTINO
1031 MARIGOLD COURT CALIMESA CA 92320
413950003 ALFRED

NAVARETTE

JR, MISTY

NAVARETTE
1027 MARIGOLD COURT CALIMESA CA 92320
413950002 ROBERT

LAWRENCE

GLUNT JR, JI

YEON SONG
1023 MARIGOLD COURT CALIMESA CA 92320
413950001 JESSICA

SCHULTZ,

MATTHEW
SHULTZ
1019 MARIGOLD COURT CALIMESA CA 92320
413961001 MATTHEW J

DE HOOG &

HEATHER R

DE HOOG
1016 LICHEN COURT CALIMESA CA 92320
413961002 ASHLEY H

GARCIA &

JOSHUA D
GARCIA
1020 LICHEN COURT CALIMESA CA 92320
413961003 DILLON LI &

ANGELICA E

AGUILAR
109 LICHEN COURT CALIMESA CA 92320

413961004 RODRIGO E

MURIGUIA &

CHRISTINA

M MURGUIA
1015 LICHEN COURT CALIMESA CA 92320
413961005 JADEN N

HANDZLIK

AND ANGEL J

JOHNSON
1011 LICHEN COURT CALIMESA CA 92320
413961006 REYNA I P

SERRANO
1007 LICHEN COURT CALIMESA CA 92320
413961007 ERLINDA

CORPUZ &

REYNALDO

M CORPUZ
1003 LICHEN COURT CALIMESA CA 92320
413250022 JOHN N
CRAIG,

VALERIE A
CRAIG
9520 CALIMESA

BOULEVARD
CALIMESA CA 92320

RESOLUTION 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT 21-01 (EA 21-01), THE SECOND ADDENDUM TO THE

PREVIOUSLY CERTIFIED SUMMERWIND RANCH AT OAK VALLEY PROJECT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2004061035) AND MITIGATION MONITORING

AND REPORTING PROGRAM, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR GENERAL PLAN AMENDMENT (GPA) 21-01, SPECIFIC PLAN AMENDMENT (SPA) 21-01, DEVELOPMENT PLAN REVIEWS (DPR) 21-02 THROUGH 21-06, CONDITIONAL USE PERMITS (CUP) 21-01 THROUGH 21-04, A FUNDING AND REIMBURSEMENT AGREEMENT, AND THE SECOND REVISION TO TENTATIVE PARCEL MAP 37862 CONDITIONS OF APPROVAL (“QR BIRTCHER LOGISTICS CENTER AT OAK VALLEY TOWN CENTER”) AND ADOPTING CEQA FINDINGS IN SUPPORT THEREOF FOR AN APPROXIMATELY 115-ACRE PROPERTY LOCATED APPROXIMATELY A QUARTER MILE NORTHWEST OF THE CHERRY VALLEY BOULEVARD/I-10 CROSSING TO APPROXIMATELY A QUARTER MILE NORTHWEST OF THE SINGLETON ROAD/I10 CROSSING. (APNS: 413-190-006, 413-190-007, 413-190-021, 413-190-025, 413-290-047, 413-290- 075)
The City Council of the City of Calimesa hereby finds and determines that:

WHEREAS, Scott Mulkay on behalf of Birtcher Development Management, LLC (the “Applicant”) has submitted an application to the City of Calimesa (“City”) for approval of a General Plan amendment, Specific Plan amendment, five Development Plan Reviews, four Conditional Use Permits, a Funding and Reimbursement Agreement, and the second revision to previously adopted Tentative Parcel Map conditions of approval for approximately 115 acres of real property located approximately a quarter mile northwest of the Cherry Valley Boulevard/I-10 crossing to approximately a quarter mile northwest of the Singleton Road/I-10 crossing. (APNS: 413-190-006, 413-190-007, 413-190-021, 413-190-025, 413-290- 047, 413-290-075), in the Summerwind Ranch Specific Plan (SP-1) area, as follows:
(1) General Plan Amendment (“GPA 21-01”) would amend the General Plan to modify General Plan Figure LU-1: Land Use Map to accommodate minor changes to the land use designations of three non-contiguous portions of the site to business park as follows: 1) modify the land use designation of 2.0 acre planning area TC-1A from Commercial to 1.8 acres of Business Park and 0.2 acres of rightof way, 2) modify the land use designation for 3.1 acre planning area TC-5 from Commercial to Business Park, 3) modify the land use designation of a 0.6 acre area within planning area TC-10 from open space to business park. The GPA would also modify General Plan Figure OSPR-2: Trails Master Plan to 1) realign the residential phase 1 paseo from meandering into RLC-1 to remaining within planning area A9 and 2) modify the asphalt paseo located within planning areas TC-10 and A-9 to a compacted soil or decomposed granite hiking trail; and
(2) The QR Bircher Logistics Center at Oak Valley Town Center Specific Plan Amendment (a.k.a Summerwind Ranch Specific Plan SP-1, Amendment 3) (“SPA 21-01”) would incorporate the aforementioned General Plan Amendment changes into the Summerwind Ranch Specific Plan land use figures III-1 and trails changes into figures III-10, IV-68, and IV-70. The SPA would also revise landscape setbacks such that no additional setbacks would be required along the common property line for two adjoining properties if they are combined with the same land use and includes administrative procedures for approval of minor signage and open space amenities; and (3) DPR 21-02 for the “Wedge” lot trailer parking facility – Design review for proposed industrial development consisting of approximately 9.2 acres to be developed as a truck and trailer storage lot with 253 trailer parking spaces and a guard house for one of the adjacent building occupants or as a stand-alone facility (portions of APNS 413-290-047 and 413-290-075); and Attachment 13E

(4) DPR 21-03 and CUP 21-01 for Building A – Design review and conditional use permit for proposed industrial development consisting of an approximate 705,783 square foot warehouse building together with up to 118 dock doors, related site work, tenant improvements, and facility parking (portions of APNS 413-190-025 and 413-290-047); and
(5) DPR 21-04 and CUP 21-02 for Building B – Design review and conditional use permit for proposed industrial development consisting of an approximate 467,252 square foot warehouse building together with up to 69 dock doors, related site work, tenant improvements, and facility parking (portions of APNS 413-190-025 and 413-290-047); and
(6) DPR 21-05 and CUP 21-03 for Building C – Design review and conditional use permit for proposed industrial development consisting of an approximate 457,267 square foot warehouse building together with up to 78 dock doors, related site work, tenant improvements, and facility parking (portions of APN 413-190-025); and
(7) DPR 21-06 and CUP 21-04 for Building D – Design review and conditional use permit for proposed industrial development consisting of an approximate 619,338 square foot warehouse building together with up to 109 dock doors, related site work, tenant improvements, and facility parking (portions of 413-190-021 and 413-190-025 together with 413-190-006 and 413-190-007); and (8) Funding and Reimbursement Agreement Between the City of Calimesa and Birtcher Development to set funding and fair share reimbursement terms related to procurement of fire apparatus to service the Project.
(9) Tentative Parcel Map application (“TPM 37862”) was previously approved by City Council Resolution No. 2020-44 to subdivide 219.2 acres into fifteen buildable lots; including 3 lettered lots for public streets, and 7 open space lots within the Summerwind Ranch Specific Plan, and an additional 17.8-acres of off-site grading to transition to existing adjacent grades. The adopted conditions of approval 11.1 and 11.4 were previously modified by City Council Resolution No. 2021-01. The current request is to modify conditions of approval 3.1 and 3.3; and WHEREAS, GPA 21-01, SPA 21-01, DPRs 21-02 through 21-06, CUPs 21-01 through 21-04, the Funding and Reimbursement Agreement, and revisions to TPM 37862 conditions of approval are collectively considered a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”), and shall be collectively referred to as the “Project”; and, WHEREAS, on April 18, 2005, pursuant to Resolution 2005-14, the City Council of the City of Calimesa certified a program Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (herein referred to as the “Summerwind Ranch EIR”), and approved a Mitigation Monitoring and Reporting Program and statement of overriding considerations as part thereof, for the Summerwind Ranch Specific Plan, in accordance with CEQA; and
WHEREAS, the Summerwind Ranch EIR evaluated the environmental impacts associated with the Summerwind Ranch Specific Plan and related General Plan amendments and zoning code amendments, and determined that the Summerwind Ranch project would result in significant and unavoidable impacts in the category of air quality (mobile source, vehicle emissions during the operation of the project, and construction emissions); and
WHEREAS, as the lead agency for the Project under CEQA, and prior to taking action on the Project, the City is required to determine whether the environmental effects of the Project are within the scope of the prior environmental analysis or whether additional environmental analysis is required; and

WHEREAS, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, when an environmental impact report has been prepared for a project, no subsequent environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (1) substantial changes are proposed in the project which will require major revisions of the environmental impact report due to a new or increased significant impact on the environment; (2) substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report due to a new or increased significant impact on the environment; and/or (3) new information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available; and
WHEREAS, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15163, the lead agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if (1) any of the conditions described in Guidelines Section 15162 would require the preparation of a subsequent EIR, and (2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation; and WHEREAS, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15164, the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred; and
WHEREAS, an addendum to an EIR need not be circulated for public review but is attached to a final EIR in accordance with CEQA Guidelines Section 15164; and WHEREAS, following the applicant’s submittal of the Project applications, the City’s CEQA consultants prepared a second Addendum to the previously certified Summerwind Ranch EIR (EA 21- 01), herein referred to as the “QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum” (Exhibit A hereto). The QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum evaluated proposed GPA 21-01, SPA 21-01, DPRs 21-02 through 21-06, and CUPs 21-01 through 21- 04, under the Summerwind Ranch EIR including the approved Mitigation Monitoring and Reporting Program incorporated therein (Exhibit B to this Resolution). The purpose of the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum was to determine whether the Project would present any substantial changes or new information of substantial importance, result in any potential new significant impacts or increase the severity of any significant impacts previously identified in the Summerwind Ranch EIR; whether the Project is consistent with the Summerwind Ranch EIR; and whether any further environmental review is required; and WHEREAS, based on staff’s review and analysis of the Project, the Summerwind Ranch EIR and the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum incorporated below, staff determined pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, 15163 and 15164 that the Summerwind Ranch EIR was certified as a program EIR for the Summerwind Ranch Specific Plan and that the Project is consistent with the impacts analyzed for the Summerwind Ranch Specific Plan and Summerwind Ranch EIR; and
WHEREAS, based on staff’s review and analysis of the Project, and pursuant to CEQA and the CEQA Guidelines, staff determined that the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum was appropriate for the Project under CEQA because the proposed Project changes associated with the Summerwind Ranch EIR analysis involve minor technical changes, and none of the events identified within Public Resources Code Section 21166 and CEQA Guidelines Section 15162 were triggered by the Project, and therefore no special circumstances exist that would create a reasonable possibility that the Project will have a significant effect on the environment beyond what was previously analyzed as part of the Summerwind Ranch EIR because the Project would not result in any significant impacts that (1) are peculiar to the Project or Project site on which the Project would be located; (2) were

not previously analyzed as significant effects in the Summerwind Ranch EIR for the Summerwind Ranch Specific Plan and related General Plan amendments and other zoning actions concurrently approved with the Summerwind Ranch Specific Plan; (3) are potentially significant off-site impacts and cumulative impacts which were not discussed in the program EIR certified for the Summerwind Ranch Specific Plan and related General Plan amendments and other zoning actions concurrently approved with the Summerwind Ranch Specific Plan; or (4) are previously identified significant effects which, as a result of substantial new information which was not known at the time the Summerwind Ranch EIR was certified, are determined to have a more severe adverse impact than discussed in the Summerwind Ranch EIR; and
WHEREAS, pursuant to CEQA Guidelines Section 15164, if an agency finds that pursuant to Guidelines Section 15162, no subsequent EIR would be required, the agency can approve the activity through the adoption of an addendum to the certified EIR, and the agency’s determination may be based on factors that include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 8, 2022, on the proposed second Addendum to the EIR and the Project, at which time all interested parties were given the opportunity to be heard and to present evidence, and after closing the public hearing the Planning Commission approved PC Resolution 2022-10, recommending that the City Council approve EA 21-01; and
WHEREAS, the City of Calimesa Planning Department on August 26, 2022 caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date, time and location of the City Council public hearing on proposed Environmental Assessment (EA 21-01), for the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum, and the Project entitlements in compliance with state law, and
WHEREAS, not less than ten days prior to the public hearing, the City also distributed copies of the Public Hearing Notice to servicing utilities, adjacent public agencies, Native American Tribes; and in addition, copies of the Notice were distributed via United States Postal Service (USPS) to local agencies, property owners within a 300-foot radius of the Project site in accordance with state law, and other interested parties; and the Public Hearing Notice was also posted on the City’s website, at City Hall, and at the Calimesa library; and
NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, determine and resolve as follows:

Section 1. The City Council finds that the facts set forth in the recitals to this Resolution are true and correct, and incorporated by this reference as if fully set forth herein.

Section 2. In accordance with CEQA, the City Council of the City of Calimesa has reviewed and considered the oral and written record before the City Council, including the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum and Mitigation Monitoring and Reporting Program (EA 21-01) (Exhibit A), the Summerwind Ranch EIR and Mitigation Monitoring and Reporting Program adopted as part thereof (Exhibit B), City Council Resolution 2005-14 including the statement of overriding considerations (Exhibit C), together with the Staff Report and all oral and written testimony submitted by City staff and other interested parties during the public hearing on the Addendum, General Plan Amendment GPA 21-01, Specific Plan Amendment SPA 21-01, DPRs 21-02 through 21-06, Conditional Use Permits 21-01 through 21-04, the Funding and Reimbursement Agreement, and second revision to Tentative Parcel Map 37862 conditions of approval, and Planning Commission recommendations.

Section 3. Based on the City Council’s independent judgment and substantial evidence in the whole of the record, as described in Section 2, above, the City Council finds that the Project complies with CEQA based on each of the provisions set forth in Sections 4 and 5, below, each of which, separately and independently, provides a basis for CEQA compliance.

Section 4. Based on the City Council’s independent judgment and substantial evidence in the whole of the record, as described in Section 2, above, the City Council finds that pursuant to Public Resources Code Section 21166 (Lead agency prohibition to require subsequent reports for a certified project unless specific events) and CEQA Guidelines Section 15164 (Addendum to an EIR or Negative Declaration), preparation of an Addendum to the certified EIR is appropriate as only minor technical changes would result from development of the QR Birtcher Logistics Center Oak Valley Town Center Project, and none of the following conditions described in Section 15162 (Subsequent EIRs and Negative Declarations) calling for the preparation of a subsequent EIR have occurred:

A. Substantial changes are not proposed in the project which would require major revisions of the previous EIR due to the involvement of new significant environmental effect or a substantial increase in the severity of previously identified significant effects; B. Substantial changes will not occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effect or a substantial increase in the severity of previously identified significant effects;
C. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete does not show any of the following:
(1) The project will have one or more significant effects not disclosed in the previous EIR;
(2) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(3) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (4) Mitigation measures or alternatives which are considerably different from those analyzed in the precious EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Section 5. Alternatively, based on the City Council’s independent judgment and substantial evidence in the whole of the record, as described in Section 2, above, the City Council finds that the Project does not require the preparation of a subsequent or supplemental environmental impact report, and that an addendum to the certified EIR is appropriate, consistent with Section 15164 (Addendum to EIRs or Negative Declarations) of the CEQA Guidelines. The City Council finds as follows:

A. Major EIR revisions are not required: There is no evidence in the record that major changes to the certified Summerwind Ranch EIR are required. No information has been presented to the City to demonstrate that any substantial changes have occurred with respect to the Project involving new significant environmental effects or a substantial increase in the severity of previously identified significant effects discussed in the EIR. Minor changes to the land use designations of three noncontiguous portions of the site to business park as follows: 1) modify the land use designation of 2.0 acre planning area TC-1A from Commercial to 1.9 acres of Business Park and 0.2 acres of right-of way, 2)

modify the land use designation for 3.1 acre planning area TC-5 from Commercial to Business Park, 3) modify the land use designation of a 0.6 acre area within planning area TC-10 from open space to business park. The GPA would also modify General Plan Figure OSPR-2: Trails Master Plan to 1) realign the residential phase 1 paseo from meandering into RLC-1 to remaining within planning area A-9 and 2) modify the asphalt paseo located within planning areas TC-10 and A-9 to a compacted soil or decomposed granite hiking trail. The allowed building size for warehouse related uses are consistent with building sizes allowed at the time of EIR certification. The supporting technical analyses conclude that the impacts are the same as or reduced from the buildout of the same area of the Specific Plan analyzed under the Summerwind Ranch EIR. The facts demonstrate that there are no new significant or more severe environmental impacts that would result from the Project, and that the approval of the Project would have the same or reduced impacts as those described in and already addressed in the previously certified Summerwind Ranch EIR.

B. No substantial change in circumstances requiring major EIR revisions: There is no information in the record, or otherwise available, that indicates that there are substantial changes in circumstances that would require major changes to certified Summerwind Ranch EIR. The Project remains consistent with the project objectives in the EIR and serves to implement the vision for the area described in the General Plan and Specific Plan. Other development in the nearby area has occurred consistent with the General Plan and Specific Plan, there have been no significant changes in the scope of the proposed development that would alter the ability of the Project to remain consistent with the environmental impacts analyzed in the Summerwind Ranch EIR.

C. No new information showing greater significant effects than identified in the EIR:

There is no substantial new information, that was not available at the time the Summerwind Ranch EIR was certified, indicating there will be a new or increased significant impact requiring major revisions of the EIR. The air quality and traffic technical reports indicate the impacts are similar to and less than impacts analyzed in the Summerwind Ranch EIR, and the City Council finds that the Project would not cause an increase in the severity of any environmental impact, and that the impacts of the Project are either similar or reduced than the original Specific Plan project analyzed in the Summerwind Ranch EIR.

D. No new information showing ability to reduce significant effects identified in the EIR: There are no significant impacts requiring identification of new or additional alternatives to the Project, or consideration of new or additional, more significant effects identified in the Summerwind Ranch EIR. The EIR included mitigation measures for development of the Specific Plan site to reduce impacts to a level of less than significant, and the same mitigation measures apply to the Project. No information, let alone substantial evidence, has been presented to suggest that the current Project has environmental impacts beyond those previously analyzed, disclosed, and mitigated to the extent feasible as set forth in the Summerwind Ranch EIR. No information regarding any purported greater environmental impacts, or the need for additional mitigation or alternatives, has been presented.

E. The City Council finds that the Project does not involve significant new effects on the environment, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Project will have one or more significant effects not previously discussed in the Summerwind Ranch EIR. The EIR Addendum adequately addresses all potential environmental impacts associated with the Project, and the mitigation measures contained in the certified EIR and the approved Mitigation and Monitoring Program will reduce those impacts to a level that is less than significant, or otherwise mitigated to at least the same level of severity as the development permitted by the originally approved Specific Plan analyzed in the certified Summerwind Ranch EIR. Therefore, the City Council finds that the EIR Addendum has been completed in compliance with CEQA, Public Resources Code Section 21166 and 21062, and State CEQA Guidelines Sections 15162, 15163, 15164 and 15168.

Section 6. For the foregoing reasons, the City Council approves EA 21-01, the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum (Exhibit A hereto) and re-adopt the Mitigation

Monitoring and Reporting Program previously included in and approved as part of the certified Summerwind Ranch EIR, as modified to include the mitigation measures applicable to the Project.

Section 7. The documents, staff report, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the City of Calimesa City Hall, Community Development Department, 908 Park Avenue, Calimesa, California, 92320.

PASSED, APPROVED AND ADOPTED, this 6
th day of September 2022.
___________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK

Exhibit A to CC Resolution 2022-46
EA 21-01 - Addendum to the Summerwind Ranch EIR (SCH #2004061035) for Oak Valley Town Center
(Including the Mitigation Monitoring and Reporting Plan) is available at the following link:
https://www.cityofcalimesa.net/Archive.aspx?AMID=45

Exhibit B to CC Resolution 2022-46
Certified Final Environmental Impact Report (EIR) and Draft EIR for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH #2004061035) (Including the Mitigation Monitoring and Reporting Plan) The Final EIR, Draft EIR, and EIR Appendices are available on the City of Calimesa Website at:
https://www.cityofcalimesa.net/Archive.aspx?AMID=45

Exhibit C to CC Resolution 2022-46
City Council Resolution 2005-14

RESOLUTION NO. 2022-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA ADOPTING GENERAL PLAN AMENDMENT (GPA) 21-01, AMENDING THE

LAND USE ELEMENT AND OPEN SPACE, PARKS AND RECREATION

ELEMENT OF THE GENERAL PLAN, AND MODIFYING LAND USES TO

SLIGHTLY DECREASE THE COMMERCIAL AND OPEN SPACE LAND USE

ACREAGE AND SLIGHTLY INCREASE BUSINESS PARK LAND USE

ACREAGE, REVISING THE LOCATIONS OF THE LAND USES ON THE

GENERAL PLAN LAND USE MAP, AND SLIGHTLY MODIFYING THE

ALIGNMENT AND MATERIALS OF PASEO FACILITIES ON THE MASTER TRAILS PLAN, ON AN APPROXIMATELY 115 ACRES OF REAL PROPERTY

LOCATED A QUARTER MILE NORTH OF CHERRY VALLEY ROAD TO A

QUARTER MILE NORTH OF SINGLETON ROAD
WHEREAS, Scott Mulkay on behalf of Birtcher Development Management, LLC (the “Applicant”) has submitted a General Plan Amendment (“GPA 21-01”) application to the City of Calimesa (“City”) for approval of amendments to the Land Use Element and Open Space, Parks and Recreation Element of the General Plan on 115-acres of real property located approximately a quarter mile northwest of the Cherry Valley Boulevard/I-10 crossing to approximately a quarter mile northwest of the Singleton Road/I10 crossing. (APNS: 413-190-006, 413-190-007, 413-190-021, 413-190-025, 413-290-047, 413-290- 075), in the Summerwind Ranch Specific Plan (SP-1, A1) area; and WHEREAS, GPA 21-01 would amend the General Plan to modify General Plan Figure LU-1: Land Use Map to accommodate minor changes to the land use designations of three non-contiguous portions of the site to business park as follows: 1) modify the land use designation of 2.0 acre planning area TC1A from Commercial to 1.8 acres of Business Park and 0.2 acres of right-of way, 2) modify the land use designation for 3.1 acre planning area TC-5 from Commercial to Business Park, 3) modify the land use designation of a 0.6 acre area within planning area TC-10 from open space to business park. The GPA would also modify General Plan Figure OSPR-2: Trails Master Plan to 1) realign the residential phase 1 paseo from meandering into RLC-1 to remaining within planning area A-9 and 2) modify the asphalt paseo located within planning areas TC-10 and A-9 to a compacted soil or decomposed granite hiking trail, all as collectively set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full; and
WHEREAS, in conjunction with proposed General Plan Amendment GPA 21-01, the Applicant has submitted applications for a Specific Plan Amendment (SPA 21-01), Development Plan Reviews (DPRs 21-02 through 21-06), Conditional Use Permits (CUPs 21-01 through 21-04), a Funding and Reimbursement Agreement, and revisions to the conditions of approval for a previously approved Tentative Parcel Map (TPM 37862); and
WHEREAS, GPA 21-01, SPA 21-01, DPRs 21-02 through 21-06, CUPs 21-01 through 21-04, the Funding and Reimbursement Agreement, and the revisions to conditions of approval for previously approved TPM 37862 are collectively considered a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”), and shall be collectively referred to as the “Project”; and
WHEREAS, on April 18, 2005, pursuant to Resolution 2005-14, the City Council of the City of Calimesa certified a program Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (herein referred to as the “Summerwind Ranch EIR”), and approved a Mitigation Monitoring and Reporting Program and statement of overriding considerations as part thereof, for the Summerwind Ranch Specific Plan, in Attachment 13F

accordance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the Summerwind Ranch EIR evaluated the environmental impacts associated with the Summerwind Ranch Specific Plan and related General Plan amendments and zoning code amendments, and determined that the Summerwind Ranch project would result in significant and unavoidable impacts in the category of air quality (mobile source, vehicle emissions during the operation of the project, and construction emissions); and
WHEREAS, pursuant to Environmental Assessment EA 21-01, a second Addendum to the previously certified Summerwind Ranch EIR (herein referred to as the “QR Birtcher Logistics Center at Oak Valley EIR Addendum”) has been prepared in compliance with the requirements of CEQA, and pursuant to Resolution 2022-10, the Planning Commission has recommended that the City Council approve the QR Birtcher Logistics Center at Oak Valley EIR Addendum because as explained and concluded therein, the City Council has determined in its own independent judgment that the Project would not result in any new or increased significant impacts on the environment not already analyzed in the Summerwind Ranch EIR (neither as a result of its minor changes to the originally approved development or changed circumstances since the previous approval), and there is no new information of substantial importance that was not known at the time of the certification of the Summerwind Ranch EIR; and
WHEREAS, pursuant to Section 65358(b) of the California Government Code, general law cities may amend a mandatory element of the General Plan no more than four times during any calendar year. and multiple amendments can be grouped together and treated as one. However, the City has not had any requests to amend the General Plan in this year, and no other General Plan amendments are anticipated this year. As such, this amendment is in compliance with this requirement of State law; and WHEREAS, the City of Calimesa Planning Department on August 26, 2022 caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date, time and location of the public hearing on proposed Environmental Assessment (EA 21-01), for the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum, GPA 21-01, SPA 21-01, DPRs 21-02 through 21-06, CUPs 21-01 through 21-04, Funding and Reimbursement Agreement, and revisions to the conditions of approval for previously approved TPM 37862 in compliance with state law, and WHEREAS, not less than ten days prior to the public hearing, the City also distributed copies of the Public Hearing Notice to servicing utilities, adjacent public agencies, Native American Tribes; and in addition, copies of the Notice were distributed via United States Postal Service (USPS) to local agencies, property owners within a 300-foot radius of the Project site in accordance with state law, and other interested parties; and the Public Hearing Notice was also posted on the City’s website, at City Hall, and at the Calimesa library; and
WHEREAS, on September 6, 2022 the City Council held a duly noticed public hearing to consider the applications for the Project and following the receipt of all testimony, closed the public hearing.

NOW, THEREFORE, the City Council finds, determines and declares as follows:

Section 1. The City Council finds that the recitals contained in this Resolution and the General Plan Figures and information contained in the attached Exhibit A are true and correct and are hereby incorporated by this reference as if fully set forth herein.

Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council considered the Oak Valley EIR Addendum and the previously certified Summerwind Ranch EIR (SCH# 2004061035), including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the proposed General Plan Amendment (GPA 21-01), and determined that the Project will not result in any

new or significant impacts on the environment not already disclosed and analyzed in the Summerwind Ranch EIR.

Section 3. The City Council finds that the proposed General Plan Amendment (GPA 21-01) is consistent with the textual portions of the General Plan, and the proposed amendments are internally consistent with other portions of the General Plan as required by law.

Section 4. The City Council finds that the proposed General Plan Amendment (GPA 21-01) is consistent with the goals, objectives, policies, and programs of the General Plan, and will not result in any internal inconsistencies with the General Plan or the General Plan Land Use Map.

Section 5. The City Council finds that the proposed General Plan Amendment (GPA 21-01) will not adversely affect the public health, safety, and welfare of the City.

Section 6. Based on the findings contained in Sections 1 through 5 of this Resolution, and upon recommendation of the Planning Commission, the City Council hereby approves General Plan Amendment GPA 21-01.

PASSED, APPROVED AND ADOPTED, this 6
th day of September 2022.
___________________________________

WILLIAM DAVIS
ATTEST:
_________________________________________

DARLENE GERDES, CITY CLERK

Exhibit A
GPA 21-01
CITY COUNCIL RESOLUTION 2022-47
Revised General Plan Figures
Figure LU-1: Land Use Map
Figure OSPR-2: Trails Master Plan

ORDINANCE NO. 382

AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING THE
“SUMMERWIND RANCH SPECIFIC PLAN SP-1, AMENDMENT 3” (SPA 21-01)

MODIFYING LAND USE ACREAGES, LAND USE LOCATIONS, PASEO

ALIGNMENTS, REVISING LANDSCAPE SETBACKS WHEN TWO ADJOINING

PROPERTIES ARE COMBINED WITH THE SAME LAND USE, AND

PROVIDING ADMINISTRATIVE PROCEDURES FOR APPROVAL OF MINOR SIGNAGE AND OPEN SPACE AMENITIES ON APPROXIMATELY 115-ACRES

OF REAL PROPERTY LOCATED A QUARTER MILE NORTH OF CHERRY

VALLEY ROAD TO A QUARTER MILE NORTH OF SINGLETON ROAD
WHEREAS, Scott Mulkay on behalf Birtcher Development Management, LLC (the “Applicant”) has submitted a Specific Plan Amendment (“SPA 20-01”) application to the City of Calimesa (“City”) for approval of amendments to the Summerwind Ranch Specific Plan Area No. 1, Amendment No. 2 within the planned Oak Valley Town Center, on 115-acres of real property located approximately a quarter mile northwest of the Cherry Valley Boulevard/I-10 crossing to approximately a quarter mile northwest of the Singleton Road/I-10 crossing. (APNS: 413-190-006, 413-190-007, 413-190-021, 413-190-025, 413-290- 047, 413-290-075), and which are also collectively referred to as Summerwind Ranch Specific Plan SP1, Amendment 3 (“SP-1, A3”); and WHEREAS, SPA 21-01 includes minor changes to the land use designations of three noncontiguous portions of the site to business park as follows: 1) modify the land use designation of 2.0 acre planning area TC-1A from Commercial to 1.8 acres of Business Park and 0.2 acres of right-of way, 2) modify the land use designation for 3.1 acre planning area TC-5 from Commercial to Business Park, 3) modify the land use designation of a 0.6 acre area within planning area TC-10 from open space to business park. The SPA would also modify the trails plan to 1) realign the residential phase 1 paseo from meandering into RLC-1 to remaining within planning area A-9 and 2) modify the asphalt paseo located within planning areas TC-10 and A-9 to a compacted soil or decomposed granite hiking trail. Modifications will be incorporated to Summerwind Ranch Specific Plan land use figures III-1, III-10, IV-68, and IV-70.

The SPA would also revise landscape setbacks such that no additional setbacks would be required along the common property line for two adjoining properties if they are combined with the same land use includes administrative procedures for approval of minor signage and open space amenities; and WHEREAS, in conjunction with the Applicant’s proposed Specific Plan Amendment SPA 21-01, the Applicant has submitted applications for a General Plan Amendment (GPA 21-01), Development Plan Reviews (DPRs 21-02 through 21-06), Conditional Use Permits (CUPs 21-01 through 21-04), a Funding and Reimbursement Agreement, and the second revision to previously adopted Tentative Parcel Map (TPM 37862) conditions of approval; and
WHEREAS, GPA 21-01, SPA 21-01, DPRs 21-02 through 21-06, CUPs 21-01 through 21-04, the Funding and Reimbursement Agreement, and revisions to previously adopted TPM 37862 conditions of approval are considered a “project” pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”), and shall be collectively referred to as the “Project”; and
WHEREAS, on April 18, 2005, pursuant to Resolution 2005-14, the City Council of the City of Calimesa certified a program Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (herein referred to as the “Summerwind Ranch EIR”), and approved a Mitigation Monitoring and Reporting Program and statement of overriding considerations as part thereof, for the Summerwind Ranch Specific Plan, in accordance with the California Environmental Quality Act (CEQA); and Attachment 13G

WHEREAS, the Summerwind Ranch EIR evaluated the environmental impacts associated with the Summerwind Ranch Specific Plan and related General Plan amendments and zoning code amendments, and determined that the Summerwind Ranch project would result in significant and unavoidable impacts in the category of air quality (mobile source, vehicle emissions during the operation of the project, and construction emissions); and
WHEREAS, pursuant to Environmental Assessment EA 21-01, a second Addendum to the previously certified Summerwind Ranch EIR (herein referred to as the “QR Birtcher Logistics Center at Oak Valley EIR Addendum”) has been prepared in compliance with the requirements of CEQA, and pursuant to Resolution No. 2022-10, the Planning Commission has recommended that the City Council approve the QR Birtcher Logistics Center at Oak Valley EIR Addendum because the City Council has found, in its independent judgment, that Project would not result in any new or increased significant impacts on the environment not already analyzed in the Summerwind Ranch EIR (neither as a result of its minor changes to the originally approved development or changed circumstances since the previous approval), and there is no new information of substantial importance that was not known at the time of the certification of the Summerwind Ranch EIR; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 8, 2022, on the proposed second Addendum to the EIR and the Project, at which time all interested parties were given the opportunity to be heard and to present evidence, and after closing the public hearing the Planning Commission approved PC Resolution 2022-12, recommending that the City Council approve SP 21-01; and
WHEREAS, the City of Calimesa Planning Department on August 26, 2022 caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date, time and location of the public hearing on proposed Environmental Assessment (EA 21-01), for the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum, General Plan Amendment GPA 21-01, Specific Plan Amendment SPA 21-01, DPRs 21-02 through 21-06, CUPs 21-01 through 21-04, Funding and Reimbursement Agreement, and revisions to previously adopted Tentative Parcel Map TPM 37862 conditions of approval in compliance with state law, and WHEREAS, not less than ten days prior to the public hearing, the City also distributed copies of the Public Hearing Notice to servicing utilities, adjacent public agencies, Native American Tribes; and in addition, copies of the Notice were distributed via United States Postal Service (USPS) to local agencies, property owners within a 300-foot radius of the Project site in accordance with state law, and other interested parties; and the Public Hearing Notice was also posted on the City’s website, at City Hall, and at the Calimesa library; and
WHEREAS, on September 6, 2022 the City Council held a duly noticed public hearing to consider the applications for the Project and following the receipt of all testimony, closed the public hearing.

NOW, THEREFORE, the City Council of the City of Calimesa does ordain as follows:

Section 1. The City Council finds that the recitals contained in this Ordinance and the Specific Plan Amendment in the attached Exhibit A are true and correct, and incorporated by this reference as if fully set forth herein.

Section 2. Pursuant to the California Environmental Quality Act (“CEQA”), the City Council considered the QR Birtcher Logistics Center at Oak Valley EIR Addendum and the previously certified Summerwind Ranch EIR (SCH# 2004061035), including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the proposed Specific Plan Amendment (SPA 21-01).

Section 3. The City Council finds that the proposed Specific Plan Amendment (SPA 21-01) will help to provide local job opportunities for residents in Calimesa. Employment, including commercial, office, light industrial and public facility will be within close proximity to existing and future residents of Summerwind Ranch, and to Calimesa residents as a whole. The business park use provides for an increased opportunity for employment in close proximity to housing and shopping areas in the commercial core and assists in the City’s objectives of proving more job opportunities within the housing rich / jobs deficient City of Calimesa.

Section 4. The City Council finds that the site is physically suitable for type and density of development because all structures and related improvements can be accommodated on the subject site consistent with the City of Calimesa Development Code.

Section 5. The City Council finds that the proposed Specific Plan Amendment (SPA 21-01) is in the public interest in that the adoption of the land use regulations contained within the Summerwind Ranch Specific Plan SP-1, A3 will provide for comprehensive and cohesive land use and development within the project area.

Section 6. The City Council finds that through the proposed Specific Plan Amendment (SPA 21-01) will protect public health, safety, convenience, and welfare of the City.

Section 7. Based on the findings contained in Sections 1 through 6 of this Ordinance, the City Council approves Specific Plan Amendment SPA 21-01, a Specific Plan Amendment modifying land use acreages, land use locations, paseo alignments, revising landscape setbacks when two adjoining properties are combined with the same land use, and providing administrative procedures for approval of minor signage and open space amenities on an approximate 115-acre area located a quarter mile north of Cherry Valley Road to a quarter mile north of Singleton Road.

Section 8. Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law.

INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 6th day of September 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED, AND ADOPTED this 19th day of September 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

WILLIAM DAVIS, MAYOR

ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________

QUINN BARROW, CITY ATTORNEY

Exhibit A
SPECIFIC PLAN AMENDMENT SP-1, AMENDMENT 3
Electronic Copies available on the City of Calimesa website:
https://www.cityofcalimesa.net/Archive.aspx?AMID=45

Attachment 13H

RESOLUTION NO 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA APPROVING DEVELOPMENT PLAN REVIEW 21-02 FOR THE SITE

LAYOUT, ARCHITECTURAL DESIGN, LANDSCAPING, WALL PLAN,
AND MASTER SIGNAGE PROGRAM FOR THE APPROXIMATELY 9.2-
ACRE “WEDGE” LOT INDUSTRIAL SITE TO BE DEVELOPED AS A
TRUCK AND TRAILER STORAGE LOT WITH 253 TRAILER PARKING

SPACES AND A GUARD HOUSE TO BE LOCATED WITHIN THE OAK
VALLEY TOWN CENTER (PORTIONS OF TC-3 AND TC-5) ZONING

DESIGNATION OF THE SUMMERWIND RANCH AT OAK VALLEY
SPECIFIC PLAN (SP AREA 1 - AMENDMENT 3) (APNS: 413-290-075, 413-290-082 AND 413-290-83), SUBJECT TO FINDINGS AND

CONDITIONS OF APPROVAL HEREIN
The City Council of the City of Calimesa hereby finds and determines that:

WHEREAS, Scott Mulkay on behalf of Birtcher Development Management, LLC (the "Applicant") has submitted a Development Plan Review (DPR 21-02) application to the City of Calimesa for approval of the site layout, architectural design, landscaping, wall plan, and master signage program for an approximately 9.2-acre industrial site to be developed as a truck and trailer storage lot with 253 trailer parking spaces and a guard house for one of the adjacent building occupants or as a standalone facility, to be located within portions of the TC-3 and TC-5 planning areas of the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1 – Amendment 3)( APNS 413-290-075, 413-290-083 and 413-290-83):
and,
WHEREAS, in connection with DPR 21-02, the Applicant has submitted to the City of Calimesa General Plan Amendment 21-01, SPA 21-01, DPR 21-03 and CUP 21-01 for Building A, DPR 21-04 and CUP 21-02 for Building B, DPR 21-05 and CUP 21-03 for Building C, DPR 21-06 and CUP 21-04 for Building D, and a Funding and Reimbursement Agreement related to procurement of fire apparatus to service the project, which altogether comprise the approximately 2.25 million square foot QR Birtcher Logistics Center at Oak Valley Town Center; and,
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council considered the QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum and Mitigation Monitoring and Reporting Program (“MMRP”), and the previously certified Summerwind Ranch EIR, including the approved Mitigation Monitoring and Reporting Program and statement of overriding considerations, prior to making its decision on the Project. In accordance with the Environmental Assessment EA 21-01, which analyzed minor technical changes to the Summerwind Ranch Specific Plan from General Plan Amendment (GPA) 21-01, Summerwind Ranch at Oak Valley Specific Plan SP 1, Amendment #3 (SPA 21-01), Development Plan Reviews 21-02 through 21-06, Conditional Use Permits 21-01 through 21-04, and revisions to the previously adopted conditions of approval for Tentative Parcel Map 37862 for the QR Birtcher Logistics Center at Oak Valley Town Center, the City Council, in its independent judgment, finds that pursuant to CEQA and the State CEQA Guidelines, all of the potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“EIR Addendum”) including MMRP, which was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10; and,
Attachment 13I

WHEREAS, the Project complies with the requirements of the Summerwind Ranch Specific Plan, the Calimesa Municipal Code, the Summerwind Ranch EIR and EIR Addendum, and the Project is allowed with the issuance of a Development Plan Review in the TC-3 and TC-5 planning areas; and, WHEREAS, the Planning Commission held a duly noticed public hearing on August 8, 2022, on the proposed second Addendum to the EIR and the Project, at which time all interested parties were given the opportunity to be heard and to present evidence, and after closing the public hearing the Planning Commission approved PC Resolution 2022-13, recommending that the City Council approve DPR 21-02; and,
WHEREAS, the City of Calimesa Planning Department on August 26, 2022, caused to be published a legal notice in the Yucaipa News Mirror, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project, including Development Plan Review DPR 21-02, and mailed said public hearing notice to each property owner within a 300-foot radius of the project site in accordance with state law; and, WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing to consider the application for the Project and following the receipt of all testimony, closed the public hearing.

NOW, THEREFORE, the City Council of the City of Calimesa does hereby find, determine and resolve as follows:

Section 1. The City Council finds that the recitals contained in this Resolution and the information contained in the attached exhibits are true and correct, and are incorporated by this reference as if fully set forth herein.

Section 2. Prior to making a decision on this Project, the City Council reviewed and considered Resolution 2022-46 approving Environmental Assessment EA 21-01, finding that all potential environmental impacts of the Project have been fully analyzed in, and are covered by, the Final Environmental Impact Report for the Summerwind Ranch at Oak Valley Amendment No. 1 to the Oak Valley Specific Plan Area No. 1 (SCH#2004061035) (“Summerwind Ranch EIR”), and the Mitigation Monitoring and Reporting Program, which were certified and approved by the City Council on April 18, 2005 pursuant to Resolution No. 2005-14, and the second Addendum to the Summerwind Ranch EIR (“QR Birtcher Logistics Center at Oak Valley Town Center EIR Addendum”) including MMRP, which concludes based on substantial evidence in the record that the Project will not result in any new or increased significant impacts not already analyzed in the Summerwind Ranch EIR, and was recommended for approval by the Planning Commission on August 8, 2022 pursuant to Planning Commission Resolution No. 2022-10.

Section 3. Based on substantial evidence contained in the application, the Staff Report and supporting documents, and the public comments submitted during the public hearing, the City Council hereby makes the following findings in support of approving Development Plan Review 21-02:
(a) The development plan application is consistent with the City's General Plan, applicable specific plans, zoning, and all federal, state, and local laws and regulations.

The General Plan land use designation for the site is classified as SP-Area 1 (Summerwind Ranch at Oak Valley Specific Plan – Amendment 3). Within the applicable Summerwind Ranch at Oak Valley Specific Plan, the site is located within portions of TC-3 and TC-5, which, concurrent with approval of GPA 21-01 and SPA 21-01, are planned for industrial use. In addition, TC-3 and TC-5 are subject to the development standards contained within the Office Professional (O-P) Zone in Chapter 18.25.030; Light Industrial (L-I) Zone in Chapter 18.30.030; and Business

Park (B-P) Zone of Chapter 18.30.030 of the City of Calimesa Municipal Code. The proposed development of the site is consistent with the zoning designations which are intended to accommodate industrial, business and service offices, light manufacturing, storage, and warehouse/distribution. As an industrial truck/trailer storage facility, the proposed development is most consistent with the BP zone, which explicitly identifies storage as an intended use. Pursuant to the specific plan, the uses allowed for this type of facility include the storage of operative and inoperative vehicles for periods of time including parking tow-away, impound yards, fleet yards, and storage lots for automobiles (excluding recreational vehicles), trucks, vans, trailers, and buses. It does not include or allow for retail sales. No tenants are yet identified; however, typical occupants are anticipated to use the facility to drop off loaded trailers being exchanged from one tractor to another. The drop lot can also be used to park empty trailers that are not currently in use. The tenant could be a use of one of the adjacent buildings A-D, using this site as a support facility, or a stand-alone tenant, all of which are allowable within the Business Park specific plan land use designation. The tenants may operate 24/7/365. If the facility is used by a stand-alone tenant, it is not subject to a conditional use permit. The approximately 9.2-acre site is located along the major arterial of Roberts Road. In addition, the proposal fulfills the following General Plan goals:
• POLICY LU-15: Commercial and industrial developments shall be designed to reflect the small-town atmosphere of Calimesa, using building materials such as exposed heavy timbers, weathered wood, and new and used bricks and stone, while maintaining good planning and design principles.
• POLICY LU-19: Locate commercial and industrial development in areas where street rights of-way and capacity are available, as well as sufficient infrastructure and public services.
• POLICY LU-23: Encourage the development of commercial and industrial centers to expand the employment and fiscal base of Calimesa.
• POLICY LU-24: Encourage existing and new employers in Calimesa to hire local residents when seeking to fill employment positions.
• POLICY LU-33: Provide development of uses west of Interstate 10 that will create job opportunities and compliment the Calimesa Downtown Business Corridor. • POLICY TM-4: Maintain and rehabilitate roadways to preserve and improve the quality of city streets and thoroughfares that promote access and mobility between residential neighborhoods, employment centers, shopping, and health services. • POLICY TM-11: Reduce vehicle trips through design and changes in operations. • POLICY IPS-1: The City will work with water providers and developers to ensure that water supply and delivery systems are capable of meeting normal and emergency needs.
• POLICY AQ-13: Reduce the effects of air pollution and the urban heat island effect with increased tree planting in public and private spaces.

Also, the proposed project implements a key business park planning area within the Town Center of the Summerwind Ranch at Oak Valley Specific Plan. The land use, architecture, roadway improvements, landscaping, and wall plans were all designed in accordance with the specific plan. Therefore, the Project is consistent with the City’s General Plan, the Summerwind Ranch at Oak Valley Specific Plan, applicable zoning regulations, and other state and federal regulations. (b) The design of the site plan is safe, functional, and environmentally sensitive to the surrounding properties. Grading, where required, minimizes any potential environmental

damage to the greatest extent possible. For purposes of making this finding, consideration shall be given, but not limited, to the following:
1) Orientation and location of buildings and open space.

Given the irregular size and shape of the subject property and proposed use of the minor guard structure, site has been designed as safe, functional, and environmentally sensitive as possible.
2) Vehicle access.

The Project site plan is laid out in such a way that there is convenient access provided by two entrances. One is directly from Roberts Road and another more westerly entrance via an internal circulation drive on Lot 3 that also connects to Roberts Road. However, only the more westerly entrance is intended as the primary entrance for day-to-day use. The eastern driveway is for emergency ingress and egress. Therefore, the Project has and will maintain adequate vehicular access.
3) Circulation, parking, and loading.

The Project has been reviewed by the City Engineer to ensure that the proposed site circulation and parking areas are adequate for the proposed use. Should the facility be leased by a tenant that also occupies either Building A or B, the access via the internal circulation drive also provides for direct access from those facilities without the need to utilize public streets.
4) Building heights.

The primary land use for the site is as truck and trailer storage/parking. As such, the site contains only a single story, approximately 8’x15’ guard house with a restroom. This building height of this small structure will be within the height restrictions of the Summerwind Ranch at Oak Valley Specific Plan and the City of Calimesa Development Code.
5) Design of walls and fences.

To properly screen and secure the facility, there is a combination of 8’ and 12’ screen walls. Along the northern property boundary, adjacent to Roberts Road, where the elevation of the facility and the street diverge, the screen wall is placed close to the right-of-way to maximize the screening utilizing the lowest possible wall. Here an 8’ wall is utilized along the westerly portion of the facility and a 12’ tall wall is utilized on the eastern portion, where the grade of the facility is comparable to the street. The gates at both entries are 8’ tall tube steel with 80% opacity. The southerly wall, adjacent to the TC-10 open space planning area, is an 8’ wall. The walls around the entire perimeter are compatible with the design intent of the specific plan, including stone pilasters.
6) Preservation of natural landforms and vegetation.

The Project is subject to the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and

Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01. The adopted mitigation measures reduce impacts to natural landforms and vegetation within the Specific Plan area.
7) Protection and enhancement of historic, archeological, and cultural resources.

The Project is subject to the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01 thereof. The adopted mitigation measures reduce impacts to historic, archeological, or cultural resources within the Specific Plan area.
8) Minimization of environmental impacts.

The Project is subject to and incorporates the mitigation measures contained within the certified Summerwind Ranch at Oak Valley Specific Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program and second EIR addendum (QR Birtcher Logistics Center at Oak Valley Town Center) approved as a part of EA 21-01 thereof. The mitigation measures and project design features minimize the environmental impacts within the Specific Plan area.
9) Fiscal and economic impacts.

The addition of industrial businesses in the City will generate property tax and provide additional access to parking/trailer storage within the community, therefore reducing the amount of unpermitted truck/trailer parking to occur on public streets.
10) Pedestrian amenities.

The Project will be required to provide sidewalks along Roberts Road and has designed appropriate pedestrian pathways within the project area. (c) The architecture proposed is compatible with community standards and protects the character of adjacent development. For purposes of this finding, consideration shall be given, but not limited, to the following:
1) The scale, character, and quality of the design of the development.

The scale, character, and quality of the proposal is consistent with the industrial site planning architectural guidelines within the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3. Associated improvements include screen walls, fences, 2 employee parking stalls, 253 trailer parking spaces, vehicle circulation aisles, utility infrastructure, landscaping, exterior lighting, and a guard house. All screen walls will include battered stone pilasters every 125’ in accordance with the specific plan.
2) The appropriate use of design elements, including line, mass, contour, texture, and colors.

The architectural style within the Summerwind Ranch at Oak Valley Specific Plan – Amendment 3 reflets a variety of themes and styles, each of which is somewhat rustic and rural in nature. While this site does not include a substantial building structure, the architecture of the guard shack and decorative walls reflect rustic and rural themes, and therefore the project is using appropriate design elements.
3) The appropriate use of design principles, including unity, diversity, repetition, emphasis, symmetry, or asymmetry to achieve a pleasing effect.

The proposed design of the truck and trailer parking facility project is aesthetically pleasing in that it includes aspects of unity, diversity, repetition, and symmetry, and therefore is appropriately using design principles. The site plan is laid out such that there is convenient access provided to anticipated uses, while avoiding an overbearing presence when the area is viewed from the street.
4) Harmony with surrounding structural elements.

The Project has been designed to match the adjacent major entryway monumentation materials to exhibit harmony with surrounding structural elements.
5) Screening of exterior structural elements.

The Project has been conditioned to screen all exterior mechanical equipment from public view. See finding b5 above for additional detail regarding site screening methods.
6) Lighting design.

The Project is required to comply with Calimesa Municipal Code Section

18.120 Outdoor Lighting in order to reduce and minimize light pollution produced by proposed projects.
7) Energy conservation.

The Project is required to comply with all applicable energy regulations, including Title 24 of the California Building Energy Efficiency Standards.

Title 24 requires existing and new buildings to achieve energy efficiency and preserve outdoor and indoor environmental quality. Through the implementation of this Title, the Project will comply with state energy efficiency standards.
(d) The landscaping plan ensures visual relief and provides an attractive environment for the public's enjoyment and conforms to all landscape guidelines and water conservation requirements. For the purposes of this finding, consideration shall be given, but not limited, to the following:
1) Location, type, size, color, texture, and coverage of plant material. 2) Provision for irrigation, maintenance, and protection of existing and proposed landscaped areas.

3) Screening of buildings and structures so as to relate them more closely to the natural environment.
4) Minimization and concealment of utility and mechanical features. 5) Preservation of native vegetation, significant ecological areas, and environmental features.
6) Water conservation.

The conceptual landscaping plan has been reviewed and conceptually approved by the City Landscape Architect for compliance with the Calimesa Municipal Code Chapter 18.75 Water Conservation for Landscaping Requirements. Project approvals impose comprehensive conditions of approval which require compliance with the above referenced landscape requirements. In addition, the site is serviced by the Yucaipa Valley Water District and will utilize recycled water to achieve optimal water efficiency.

Section 4. Based on the findings contained in Sections 1 through 3 of this Resolution, the City Council hereby approves Development Plan Review 21-02, for the site layout, architectural design, landscaping, wall plan, and master signage program for an approximately 9.2-acre industrial site to be developed as a truck and trailer storage lot with 253 trailer parking spaces and a guard house for one of the adjacent building occupants or as a standalone facility, to be located within portions of the TC-3 and TC-5 planning areas of the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1 – Amendment 3) subject to the conditions of approval set forth in Exhibit A to this resolution.

PASSED, APPROVED AND ADOPTED, this 6
th day of September 2022.
_________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________

DARLENE GERDES, CITY CLERK

ATTACHMENT A
DEVELOPMENT PLAN REVIEW 21-02
CITY COUNCIL RESOLUTION 2022-48

CONDITIONS OF APPROVAL
# Conditions of Approval Dept
1) GENERAL CONDITIONS

1.01 This conditionally approved Development Plan Review (DPR 21-02) shall expire twenty-four (24) months from the date of approval, unless extended as provided for in the Calimesa Municipal Code.

Planning

1.02 Details shown on the plans are not necessarily approved. All details must be consistent with the Summerwind Ranch at Oak Valley Specific Plan, Final Environmental Impact Report, City ordinances, other applicable regulations, and these conditions of approval. Notwithstanding this requirement, the Director of Community Development and/or City Engineer may approve minor modifications to plans during plan check if such modifications are consistent with the provisions of the California Environmental Quality Act, Calimesa Municipal Code, other applicable regulations, and are in substantial conformance with the plans approved by the City Council on September 6, 2022 on file with the Community Development Department.

Planning

1.03 Any proposed phasing of project components shall be submitted for review and approval by the Community Development Department and the City Engineer.

Planning

1.04 The omission of a requirement of the Summerwind Ranch at Oak Valley Specific Plan as a condition of approval contained herein shall not waive any obligation of the developer to demonstrate compliance of the provisions of the Specific Plan.

Planning

1.05 Recommended approval of Development Plan Review 21-02 is contingent upon the property owner and applicant signing and returning to the Community Development Department the "Agreement to Conditions Imposed" form at the end of this exhibit.

Planning

1.06 The development of this property shall substantially conform to the Site Plan, Elevations, Color and Materials, Floor Plans, Landscape Plans, Tentative Tract Map, and other incidental plans as approved on September 6, 2022 by the City of Calimesa City Council.

Planning

1.07 As a condition of approval of Development Plan Review 21-02, the developer agrees to indemnify, protect, defend, and hold harmless the City, and agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes or action, proceeding, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") arising out of or in any way relating to the issuance of the entitlement, any actions taken by the City related to this entitlement or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for this entitlement and related actions.

Planning

1.08 All applicable mitigation measures within the certified Environmental Impact Report adopted for the Summerwind Ranch at Oak Valley Specific Plan (SCH# 2004061035) and QR Birtcher Logistics Center at Oak Valley Town Center addendum (EA 21-01) that are not specifically listed herein are hereby made a part of these conditions of approval. All costs of supervising and conducting the Mitigation Monitoring Program shall be borne by the developer. The developer shall maintain a minimum $1,000 deposit at all times and shall be responsible for any additional costs associated with the monitoring program. In addition, the Project shall comply with all applicable provisions of all federal, State, and Regional Water/Air Quality Control Board rules and regulations.

Planning

1.09 Development Plan Review 21-02 approves a truck and trailer storage lot to be located within portions of the TC-3 and TC-5 planning areas of the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1 – Amendment 3) subject to the conditions of approval herein. Associated improvements include screen walls, fences, 2 employee parking stalls, 253 trailer parking spaces, vehicle circulation aisles, utility infrastructure, landscaping, exterior lighting, and a guard house. All screen walls will include battered stone pilasters every 125’ in accordance with the Specific Plan. The guard house will have a restroom but will not have sleeping quarters. Alternatively, the tenant may elect to utilize an automated gate operation system without occupying the guard house.

Planning

1.10 Final architectural approval for the guard shack shall be granted at the staff level with no additional public hearing required. Staff shall make findings of substantial conformance to the typical architectural elevations presented in Development Plan Review 21-02. Subsequent planning commission approval shall be required only if the proposed architecture or building height/square footage is not found to be in substantial conformance with the aforementioned typical elevations.

Planning

1.11 All portions of the property shall be maintained in an orderly and clean fashion at all times. All waste products shall be disposed of in an appropriate manner.

Planning

1.12 This Development Plan Review is applied in conjunction with Environmental Assessment 21-01, General Plan Amendment 21-01, Specific Plan Amendment 21-01, and Tentative Parcel Map 37862, which are incorporated by reference. All applicable conditions of approval contained within City Council Resolutions 2022-46, 2022-47, 2022-48, and Ordinance 382 are incorporated by reference.

Planning

1.13 Pursuant to the timing specified in the applicable ordinance(s), the applicant shall pay all fees in accordance with the regulations in effect at the time of permit issuance including but not limited to the City of Calimesa Development Impact Fees, the Multiple Species Habitat Conservation (MSHCP) Fee, and the Transportation Uniform Mitigation Fee (TUMF). The applicant acknowledges it is their responsibility to obtain the most current fee schedule from the Community Development Department.

Planning

1.14 Transport refrigeration units (TRUs) and generators are not permitted to operate on the site as it is adjacent to the TC-10 Open Space planning area and residences within the A-8 Cottages planning area (Wildflower at Summerwind Trails.)
Planning

1.15 Trucks accessing business park uses would be equipped with ambient noisesensing back-up alarmsPlanning

1.16 Barriers consistent with the top-of-wall elevations and locations described in the QR Birtcher Logistics Center at Oak Valley Town Center addendum (EA Planning

21-01) shall be installed at the interface between residential and business park uses. All such barriers would be solid and may be constructed of earth (berm) and/or masonry, with no cracks or gaps through or below the walls. Any seams or cracked would be filled or caulked.

1.17 Ground disturbing activities (including archaeological testing and surveys) would be monitored by a Native American Cultural Resource Monitor(s) from a culturally affiliated Tribe(s). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submittal to the State Historic Preservation Officer and the Tribal Historic Preservation Office.

Planning

1.18 Retail sales are not authorized at the site. Planning

1.19 Construction equipment and supplies should be stored on the site in such manner as not to block natural surveillance from the surrounding streets.

Sheriff

1.20 Areas under construction shall be lit during hours of darkness. Sheriff

1.21 Fire Hazard Severity Zone: This project is in a very high fire severity zone (VHFHSZ). This is a high fire hazard brush area. This project shall comply with the materials and construction methods for exterior wildfire exposure per the 2019 CBC, Chapter 7A.

Fire

1.22 Fuel Modification: A fuel modification zone plan adhering to the guidelines from the fire prevention department shall be submitted, and approved by the City of Calimesa Fire Prevention Department. Fuel Modification shall be installed per plan prior to the delivery of combustibles to the job site (including the construction trailer).

Fire

1.23 Fire Flow Test: Provide a current fire flow test report showing there is a water system capable of delivering the minimum fire flow required by the 2019 CFC Section 507.3, 507.4, and Appendix B.

Fire

1.24 Site plan: Prior to building plan approval and construction, the applicant/developer shall provide two copies of a site plan showing the locations of the nearest fire hydrant(s) to the proposed building(s), and provide the distances (dimensioned) to the fire hydrant(s) to the furthest portion of the building(s), measured along an approved route around the building.

Fire

1.25 Fire hydrants: Provide fire hydrant(s) within 400 feet of all portions of all buildings per the 2019 CFC, Section 507.5.1.

Fire

1.26 Water Plans: Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to the Calimesa Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Calimesa Fire Prevention Department for review and approval.

Fire

1.27 Water System: The water system for fire protection must be installed by a licensed contractor and approved by the Calimesa Fire Prevention Department. No combustibles shall be brought on site until the water system has been inspected, functioning, and approved by the Calimesa Fire Prevention Department.

Fire

1.28 Fire Sprinkler System: Fire sprinklers will be required per California Fire Code.

Install fire sprinklers system in accordance with the 2019 CFC, 2019 NFPA 13, City of Calimesa Fire Prevention Department. Plans must be submitted to the Calimesa Fire Prevention Department for review and approval prior to installation.

Fire

1.29 Address Identification: Address numbers shall be placed on all new and existing commercial buildings in such a manner as to be plainly visible and legible from access roadway/street at all times, in accordance with the 2019 CFC, Section 505.1.

Fire

1.30 Fire Apparatus Access Road: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed are moved into or within the jurisdiction.
a. The fire apparatus access road shall comply with the requirements of the 2019 CFC, Section 503 and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. b. Dimensions: Fire apparatus access road shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with the 2019 CFC Section 503.6, and unobstructed vertical clearance of not less than 13 feet 6 inches. Surface fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus of 80,000 pounds and shall be surfaced so as to provide all-weather driving capabilities. Roadways shall have a minimum 48 foot outside turning radius. Dead end access road shall not exceed 150 feet in length.

Fire

1.31 Fire Alarms: submit plans for fire alarms under a separate submittal to the City of Calimesa Fire Prevention Department. Fire alarm installations shall comply with the California Fire Code, and NFPA 72.

Fire

1.32 Fire Extinguisher (ABC): A minimum of one 2A-10BC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area. Travel distance shall not exceed 75 feet. Additional fire extinguishers, size, and class, to be determined by the Fire Marshal, may be required. Fire extinguishers shall be serviced annually and shall have a current SFM service tag attached.

Fire

1.33 Shell building, no hazardous materials: These plans have not been reviewed for hazardous materials use, storage, or handling. Hazardous materials use, storage, and handling shall be in accordance with the California Fire Code and Calimesa Fire Prevention Department requirements.

Fire

1.34 Key boxes: All new commercial and multi-family residential buildings and any existing buildings where the fire department deems access is restricted shall be required to install a key box or key switch in an approved location. Electric gates for emergency vehicle access shall include an “infrared automatic gate system” that opens the gate automatically. These devices shall be installed on all electric fire access gates.

Fire

1.35 These conditions are preliminary; further review will occur upon receipt of building plans. Additional conditions may be necessary at that time.

Fire

1.36 All Ordinances, Policy Resolutions, and Standards of the City in effect at the time this project is approved shall be complied with as a condition of this approval.

Engineering

1.37 All public improvements shall be designed in compliance with all appropriate Federal, State, County, and/or City standards. Preference shall be given to the use of Riverside County Transportation Department construction standards.

Use of other standards, i.e. Caltrans, APWA, and other shall be approved on a case-by-case basis. All public and private improvements shall be constructed to the standards mandated by the Americans with Disability Act (ADA) and the latest changes thereto.

Engineering

1.38 City project account review shall be performed to determine if any outstanding fees are owed, and subsequent fees shall be paid prior to the following actions:
1) Map recordation; 2) Issuance of any permits (building, encroachment, grading, etc.); 3) Acceptance of improvements; 4) Occupancy release; and 5) Surety release.

Engineering

1.39 The Developer/property owner is required to provide for the perpetual maintenance of the following items: 1) Onsite private drainage facilities including storm drain pipes, inlets, concrete v-gutters, curb and gutters, biobasins and retention basins/underground infiltration chambers, 2) On-site private sewer and water facilities; 3) On-site drive aisles, parking areas, signing and striping, landscaping, walls, and fences; 4) Maintenance responsibilities to comply with the approved Water Quality Management Plan (WQMP) and continuing maintenance of Best Management Practices.

Engineering

1.40 Contractors are required to arrange for a pre-construction meeting concurrently with the issuance of any permits.

Engineering

1.41 All retaining and perimeter walls shown on a grading plan require separate plan check, permits and inspections from the City’s Building and Safety Department.

Engineering

1.42 Developer shall employ a qualified professional engineering firm to perform design services. All construction plans shall be prepared on 24”X36” drawing sheets with the City standard title block.

Engineering

1.43 Project improvement plans and reports shall be submitted for plan check to the Engineering Department for review and approval by the City Engineer. Public and private improvement plans shall be submitted as a complete package including grading, erosion, street, signing and striping, drainage, sewer, water, hydrology and hydraulics study, soils report, traffic study, WQMP & SWPPP reports, reference and backup documents and any other plans or reports as required by these conditions of approval. Incomplete submittals shall be rejected. Plan check fees/deposits shall be submitted, with the plan check submittal package, based on the latest adopted fee schedule.

Engineering

1.44 Projects that require trash enclosures shall construct trash facilities to provide for trash, recycling, and green waste. Project plans to show appropriately sized trash enclosure(s) to comply with State regulations. All trash enclosures shall include a solid roof to prevent pollutant discharge and runoff during a rain event.

Engineering

1.45 Project shall include recycling facilities per current California State standards and to the satisfaction of the Public Works Director.

Engineering

1.46 Prior to issuance of an encroachment permit for any phased construction, the project engineer shall submit a phasing plan identifying construction access, public access, and emergency access for review and approval by the City Engineer.

Engineering

1.47 Any utility conflicts or changes to the approved plans that occur during construction shall be approved by the Public Works Director and the City Engineer. Construction work in the area of conflict shall stop until the project engineer has submitted appropriate solutions to the City for review and approval.

Engineering

1.48 Annexation into the City-wide CFD for police, fire, paramedic and park services. Prior to, or concurrent with, the City Council’s approval of the Final Map, the subdivider shall be required to complete the procedures for the annexation of the property within the boundaries of the subdivision into the City’s existing Community Facilities District known as “City of Calimesa Public Services Communities Facilities District No. 1 (Law Enforcement, Fire, Paramedic, and Park Maintenance Services)” (the “Services CFD”). This annexation shall be for the purpose of providing funding for police, fire, paramedic and park maintenance services within the subdivision. In connection with this requirement, the subdivider shall be required to consent to the annexation of the subdivision into the Services CFD and agree to waive and shall waive the right to protest said annexation, and the related assessment and to otherwise cooperate with and timely comply with related steps and actions required to complete the annexation.

Engineering
1) PROJECT SPECIFIC CONDITIONS – GENERAL CONDITIONS

1.49 Prior to occupancy release, the Developer shall annex into the Communities Facilities District (CFD) created for the Oak Valley Town Center as a condition of approval for Tentative Parcel Map No. 37862. This CFD was required for the purpose of providing funding for landscaping and maintenance of public and/or facilities within the parcel map boundaries that are not otherwise intended to be privately maintained by the property owners or Property Owner's Associations. In connection with this requirement, the Developer shall be required to consent to the annexation of the project into the CFD and agree to waive and shall waive the right to protest said annexation, and the related assessment and to otherwise cooperate with and timely comply with related steps and actions required to complete the annexation.

Engineering

1.50 All proposed traffic signal locations shall be justified with a warrant study consistent with the approved Traffic Impact Analysis and the CA Manual of Uniform Traffic Control Devices Manuals (MUTCD) (2014).

Engineering

1.51 Developer shall comply with all Mitigation Measures included in the approved Oak Valley Town Center Environmental Impact Report (EIR) Addendum, the approved Summerwind Ranch at Oak Valley EIR and Summerwind Ranch at Oak Valley Specific Plan Traffic Impact Analysis (TIA) as applicable for this project. In addition, Developer shall comply with all project requirements listed in the project specific Trip Generation & Circulation Context Study dated September 28, 2020, the Traffic Phasing Evaluation Report dated September 28, 2020 and the Access Evaluation memo for TPM 37862, Lots 1-6 dated November 2, 2021. The following project specific conditions do not negate the requirements of the mitigation measures included in the above listed reports.

All costs of supervising and conducting the Mitigation Monitoring Program shall be borne by the developer. The developer shall maintain a minimum of $10,000 deposit at all times and shall be responsible for any additional costs associated with the monitoring program. Should a conflict arise in language between the EIR and the Project Specific conditions, the stricter interpretation shall apply as determined by the City Engineer.

Engineering

1.52 All applicable conditions of approval for Tentative Parcel Map 37862 recommended for approval by City Council Resolution No 2022-46 are incorporated herein by reference as though set forth in full.

Engineering
2) PRIOR TO A CERTAIN DATE

2.00 Setback certificates are required for all structures prior to construction. Planning 3) PRIOR TO GRADING PERMIT ISSUANCE

3.01 Consistent with Environmental Assessment 21-01, the Applicant shall comply with all mitigation measures and project design features within the certified Environmental Impact Report adopted for the Summerwind Ranch at Oak Valley Specific Plan (SCH# 2004061035) and second addendum for the QR Birtcher Logistics Center at Oak Valley Town Center.

Planning

3.02 The Applicant shall include the project mitigation measures on the grading plans to the satisfaction of the Community Development Director.

Planning

3.03 Any additional import or export of soil that is not shown on the preliminary grading plan may require additional environmental analysis at the discretion of the Community Development Director. All costs associated with any additional environmental review shall be borne by the developer.

Planning

3.04 The developer shall demonstrate compliance with all requirements of the Yucaipa Valley Water District Preliminary Project Service Evaluation Letter dated November 16, 2021.

Planning

3.05 Prior to the issuance of a grading permit, the Applicant/Developer shall retain a professional archaeologist to conduct monitoring of all mass grading and trenching activities. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52.

The only consulting tribe for this Project is the Soboba Band of Luiseno Indians.

Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) as defined in this condition of approval shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols.

All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training Planning

must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. All parties will work in good faith effort and timely manner to address the inadvertent cultural resource discoveries.

3.06 Prior to the issuance of a grading permit, the Applicant shall secure agreements with the consulting tribe(s) for tribal monitoring (if required by the Tribes for precise grading or trenching). The Applicant is also required to provide a minimum of 30 days advance notice to the tribe(s) of all ground disturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. If the Native American Tribal Representatives suspect that an archaeological resource may have been unearthed, the Project Archaeologist or the Tribal Representatives shall immediately redirect grading operations in a 100-foot radius around the find to allow identification and evaluation of the suspected resource. In consultation with the Native American Tribal Representatives, the Project Archaeologist shall evaluate the suspected resource and make a determination of significance pursuant to California Public Resources Code Section 21083.2.

Planning

3.07 In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Calimesa Planning Department:
i. Preservation-In-Place of the cultural resources, if feasible.

Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.
ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to condition of approval 3.04 of this resolution.

This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in condition of approval 3.04 of this resolution.

Planning

3.08 The City shall verify that the following note is included on the Grading Plan:
“If any suspected archaeological resources are discovered during grounddisturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find." Planning