Agenda — Calimesa City Council, October 3, 2022 (part 1 of 2)

Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, October 3, 2022

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

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

FINANCE DIRECTOR REID, PLANNING DIRECTOR 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.

APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion________________________ Second_______________________ Vote___________________________ Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency
Meeting Agenda
Monday, October 3, 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: Public comment will be allowed by completing a 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.

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.

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Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, October 3, 2022

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CONSENT CALENDAR (Items 1 – 8)
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 special meeting of September 17, 2022 b) City Council action minutes of a regular meeting of September 19, 2022.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) There are no minutes ready for approval at this time.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $291,842.24 (Check Nos. 39246 to 39305) September 29, 2022 Payroll of $82,957.18

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. BIENNIAL REVIEW AND UPDATE OF THE CITY’S CONFLICT OF INTEREST CODE.

RECOMMENDATION: That the City Council adopt Resolution No. 2022-54, A Resolution of the City Council of the City of Calimesa, California, adopting an amended Conflict of Interest Code for the City and rescinding Resolution No. 2018-56.

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

7. AGREEMENT FOR REGIONAL EARLY ACTION PLANNING (“REAP”) LOCAL STAFF

ASSISTANCE PROGRAM BETWEEN THE CITY OF CALIMESA AND THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) TO ESTABLISH AN AFFORDABLE HOUSING IN LIEU FEE.

RECOMMENDATION: That the City Council approve the Agreement (“Agreement”) for Regional Early Action Planning (“REAP”) Local Staff Assistance between the City of Calimesa and the Western Riverside Council of Governments (“WRCOG”) to establish an affordable housing in-lieu fee and authorize the Mayor to execute the Agreement.

8. ANNEXATION OF CERTAIN PROPERTY TO (A) CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) AS ANNEXATION NO. 1 (ADDING IMPROVEMENT AREA NO. 2) AND (B) CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 3.

RECOMMENDATION: That the City Council:

1. Adopt Resolution 2022-56, a Resolution of Intention to annex the Oak Valley Town Center development into City of Calimesa Community Facilities District No. 2018-1 (Summerwind

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Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, October 3, 2022

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Trails) as Annexation No. 1 (adding Improvement Area No. 2) and setting a public hearing for November 7, 2022.

2. Adopt Resolution 2022-57, a Resolution of Intention to annex Oak Valley Town Center development into City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation No. 3 and setting a public hearing for November 7, 2022.

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.

9. CONTINUED PUBLIC HEARING – ZONING TEXT AMENDMENT (ZTA) 22-03 TO AMEND THE 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 continued public hearing and:

18.30.030 to conditionally allow telecommunication facilities in Light Industrial (“LI”) and Business Park (“BP”) Zones; and

2. Find the Ordinance categorically exempt in accordance with State CEQA Guidelines Section 15061(b)(3).

10. PUBLIC HEARING: PROPOSED ROBERTS ROAD (FROM JUST NORTH OF FOX GLOVE DRIVE TO SOUTH SINGLETON ROAD) TEMPORARY STREET CLOSURE.

RECOMMENDATION: That the City Council open the public hearing and adopt Resolution 2022- 58 authorizing the temporary closure of Roberts Road between just north Fox Glove Drive to just south of Singleton Road.

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Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, October 3, 2022

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BUSINESS ITEMS

11. REQUEST FOR PARTNERSHIP – CHAMBER OF COMMERCE FOR CALIMESA CHRISTMAS PARADE
RECOMMENDATION: That the City Council approve the request by the Calimesa Chamber of Commerce for partnership with the City (including a fee waiver) for the Annual Calimesa Christmas Parade. Total fee waiver is estimated at $2,520.

12. REVIEW AND CONSIDERATION OF THE SELECTION OF A PARK NAME FOR THE APPROXIMATELY 6-ACRE PARK LOCATED WITHIN PHASE 1 OF THE SUMMERWIND TRAILS DEVELOPMENT.

RECOMMENDATION: That the City Council review and consider the list of names as recommended by the Parks, Trails, and Community Services Commission, as well as the additional names received as a result of the community survey completed through the City’s website, and then do one of the following:

1. Select a name from the list submitted as a result of the Community Survey, or

2. Select a name of the City Council’s choosing, or

3. Make no selection and provide direction to staff.

13. AN ORDINANCE AND AN URGENCY ORDINANCE OF THE CITY OF CALIMESA

REGARDING STORAGE OF VEHICLES IN THE PUBLIC RIGHT-OF-WAY, AMENDING THE

CALIMESA MUNICIPAL CODE REGARDING THE SAME, AND APPROVING CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTIONS.

RECOMMENDATION: That the City Council take the following actions:

1. Adopt Ordinance 383-U, an Urgency Ordinance of the City of Calimesa regarding Use of Streets for Storage of Vehicles in the Public Rights-of-Way, Amending the Calimesa Municipal Code regarding the Same, Declaring the Urgency and Immediate Effectiveness Thereof pursuant to Government Code Sections 36934 and 36937, and Approving California Environmental Quality Act Exemptions; and

2. Introduce Ordinance 383, an Ordinance of the City of Calimesa regarding Use of Streets for Storage of Vehicles in the Public Rights-of-Way, Amending the Calimesa Municipal Code regarding the Same, and Approving California Environmental Quality Act Exemptions.

14. CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR

PUBLIC PURPOSES IN CONNECTION WITH THE COUNTY LINE ROAD AND CALIMESA BOULEVARD IMPROVEMENT PROJECT.

RECOMMENDATION: That the City Council:

1. Consider the following Resolution, which is a Resolution of Necessity of the City of Calimesa Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s County Line Road and Calimesa Boulevard Improvement Project: Resolution No. 2022-55.

2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D

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Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, October 3, 2022

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below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity.

3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution of Necessity No. 2022-55 (which requires a 4/5ths vote of the entire City Council) and authorize the City Attorney’s office to file eminent domain proceedings to acquire the real property interests described below, which consists of a fee simple interest (“Subject Property Interest”) in the parcel described below:
625 W. County Line Road, APN 411-080-015 (Gayle Parcel) • An approximate 17,860 square foot full property fee simple acquisition, and improvements thereon, for public street, highways, and related purposes, and all uses necessary or convenient thereto of the real property located at 625 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 411-080-015 (referred to as “Gayle Parcel”). The property is part of the Estate of Troyce Lee Gayle and is now the subject of a contested probate action. Troyce Lee Gayle, Jr. and Darnell Gayle, and Kristy L. Cummings have an ownership interest, or potential ownership interest, in the property.

The Subject Property Interest, comprised of the above-described fee simple interest, is described more particularly in the Resolution of Necessity. The Resolution of Necessity with its Exhibits is attached hereto and incorporated herein by this reference.

4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interest by eminent domain.

5. Authorize the City Manager to execute all necessary documents.

RECESS CITY COUNCIL AND CONVENE SUCCESSOR AGENCY TO THE CALIMESA

REDEVELOPMENT AGENCY MEETING

CALL TO ORDER
ROLL CALL: AGENCY CHAIR DAVIS, AGENCY VICE-CHAIR MOLINA, AGENCY MEMBER CERVANTEZ, AGENCY MEMBER DUVALL AND AGENCY MEMBER HEWITT.

CSA CONSENT ITEMS
CSA1. APPROVAL OF THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY MEETING MINUTES.

RECOMMENDATION: That the Board of Directors approve the action minutes as presented for the September 19, 2022 Regular Meeting of the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency.

CSA2. BIENNIAL UPDATE OF THE SUCCESSOR AGENCY’S CONFLICT OF INTEREST CODE.

RECOMMENDATION: That the Board of Directors of the Successor Agency to the Calimesa Redevelopment Agency adopt CSA Resolution No. 2022-03, A Resolution of the Successor Agency to the Calimesa Redevelopment Agency adopting an amended Conflict of Interest Code for the Agency and rescinding CSA Resolution No. 2018-02.

ADJOURN THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT AGENCY AND

RECONVENE CITY COUNCIL

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Regular Meeting of the Calimesa City Council & Successor Agency to the Calimesa Redevelopment Agency Monday, October 3, 2022

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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 LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – Number of Cases: One (1) case

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, October 17, 2022 at 6:00 p.m.

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City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: October 3, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Special City Council Meeting of September 17, 2022 and the Regular City Council Meeting of September 19, 2022.

ATTACHMENTS:

Attachment A: City Council action minutes of September 17, 2022 special meeting.

Attachment B: City Council action minutes of September 19, 2022 regular meeting.

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City Council Action Minutes of the
Special Meeting of September 17, 2022 – 8:30 a.m.

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City Of Calimesa
City Council Minutes of Special Meeting
September 17, 2022 – 8:30 a.m.

Members of the public were encouraged to participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320. 2) By viewing the meeting on Facebook Live, beginning at 2:00 p.m. at https://www.facebook.com/cityofcalimesa
Submission of Public Comments: Those attending the meeting were allowed to speak during public comment by completing a speaker slip and providing it to the City Clerk at the meeting.

Otherwise, public comment was accepted via email to the Calimesa City Clerk at [email protected] with a deadline of 8:00 a.m. on Saturday, September 17, 2022.

CALL TO ORDER 8:30 a.m. by Mayor Davis
ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM CERVANTEZ, COUNCIL

MEMBER DUVALL, COUNCIL MEMBER HEWITT AND COUNCIL
MEMBER MOLINA.

ABSENT: None
STAFF: DEPUTY CITY MANAGER/CITY CLERK GERDES AND HR

DYNAMICS & PERFORMANCE MANAGEMENT CONSULTANTS
HENRY GARCIA.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Davis.

COMMUNICATIONS FROM THE PUBLIC
None

RECESS TO CLOSED SESSION
Deputy City Manager/City Clerk Gerdes announced the Closed Session Item and Mayor Davis recessed the meeting to Closed Session at 8:32 a.m.

CLOSED SESSION ITEMS
A. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Manager

CLOSED SESSION ANNOUNCEMENT
Attachment 1A

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City Council Action Minutes of the
Special Meeting of September 17, 2022 – 8:30 a.m.

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a. Council conducted City Manager interviews for nine candidates and with a 5-0 vote, the Council selected four to participate in second interviews scheduled for Friday, October 7, 2022. There was no further reportable action.

ADJOURNMENT
Meeting was adjourned at 5:21 p.m. to the Regular Meeting of the City Council on Monday, September 19, 2022 at 6:00 p.m.

Respectfully Submitted,
Darlene Gerdes, City Clerk

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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City Of Calimesa
City Council Minutes of Regular Meeting
September 19, 2022
Members of the public were encouraged to participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320. 2) By viewing the meeting on Facebook Live, beginning at 6:00 p.m. at https://www.facebook.com/cityofcalimesa
Submission of Public Comments: Those attending the meeting were allowed to speak during public comment by completing a blue speaker slip and providing it to the City Clerk at the meeting.

Otherwise, public comment was accepted via email to the Calimesa City Clerk at [email protected] with a deadline of 5:30 p.m. on Monday, September 19, 2022.

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

MEMBER DUVALL, COUNCIL MEMBER HEWITT AND COUNCIL

MEMBER MOLINA
ABSENT: None
STAFF: CITY MANAGER JOHNSON, CITY ATTORNEY BARROW, CITY

CLERK GERDES, FINANCE DIRECTOR REID, PLANNING

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

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Sheriff Captain Salas.

COMMUNICATIONS FROM THE PUBLIC
James Wright, 10320 Calimesa Blvd, #4, Calimesa spoke regarding the Gross Polluters of older trucks and its impact on the health of the Calimesa residents, stating that the warehouse project will have an impact on the health of its residents, adding that it is the obligation of the Federal, State, County and Local governments to protect our health, safety, and welfare. He distributed a letter to the Mayor and Council expressing his concerns.

APPROVAL OF THE AGENDA

MOTION BY COUNCIL MEMBER MOLINA, SECONDED BY COUNCIL MEMBER HEWITT, CARRIED 5-0 TO APPROVE THE AGENDA AS PRESENTED.

Attachment 1B

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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Mayor Davis asked if there were any items to be removed from the Consent Calendar for discussion. Council Member Duvall requested that Item No. 6 be removed for discussion.

CONSENT CALENDAR (Items 1 – 9)
The following Consent Calendar items are expected to be routine and non-controversial. Council will act upon them at one time without discussion. Any Council Member or staff member may request removal of an item from the Consent Calendar for discussion.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of September 6, 2022.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of a special meeting of June 14, 2022 b) Parks, Trails & Comm. Services Comm. action minutes of a regular meeting of May 4, 2022

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $285,657.51 (Check Nos. 39159 to 39245) b) September 15, 2022 Payroll of $90,215.19

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

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

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

5. TRAVEL EXPENSES
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through August 31, 2022.

7. BIENNIAL NOTICES REGARDING REVIEW AND UPDATES OF THE CITY’S AND SUCCESSOR AGENCY’S CONFLICT OF INTEREST CODES.

RECOMMENDATION: That the City Council receive and rile the Biennial Notices regarding the updates to the City’s and Successor Agency’s Conflict of Interest Codes’ and designate the City Clerk to execute those Biennial Notices.

8. 4
TH STREET PARK EXPANSION – CONTRACT AWARD FOR PARK DESIGN SERVICES.

RECOMMENDATION: That the City Council award a contract to RHA Landscape Architects-Planners, Inc., for Park Design Services for the 4th Street Park Expansion Project in the amount of $244,960.00.

9. BANK OF AMERICA CORPORATE CARD AGREEMENT FOR PURCHASE CARD

PROGRAM, CALIFORNIA PUBLIC SECTOR GROUP PROGRAM PARTICIPATION

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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AND INCREASE OF MONTHLY CREDIT CARD LIMIT FROM $25,000 TO $50,000.

RECOMMENDATION: That the City Council approve the updated Bank of America Corporate Card Service Agreement, participation in the California Public Sector Group Credit Program, approve the increase of the City of Calimesa’s credit card limit from $25,000 to $50,000 and authorize the City Manager to sign all agreements and take all actions necessary for implementation of the agreements.

MOTION BY MAYOR PRO TEM CERVANTEZ, SECONDED BY COUNCIL MEMBER MOLINA, CARRIED 5-0 TO APPROVE ITEM NO’S 1-5 AND 7-9 OF THE CONSENT CALENDAR AS PRESENTED.

Council Member Hewitt recused herself from Item No. 6 due to a potential conflict of interest and left the room.

CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION

6. SECOND READING OF ORDINANCE NO. 382 - 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 approve second reading by title only and adopt Ordinance No. 382 Specific Plan Amendment 21-01, adopting Specific Plan Amendment SP-1, Amendment 3 (Summerwind Ranch).

Council Member Duvall stated that she read the Mitigation Monitoring and Reporting Program (MMRP), Summerwind Ranch at Oak Valley; Final Environmental Impact Report (SCH#2004061035); Adapt for Birtcher Commerce Center at Oak Valley Town Center. She questioned who the responsible monitoring agency for the traffic control plan would be, and whether a draft plan had been prepared for the project. She further questioned whether the Amended Summerwind Specific Plan should be updated to include the names of all the assigned agencies.

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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She further stated her concerns that the road improvements should be completed prior to “move in” of any businesses, adding that the traffic on Cherry Valley Blvd. is a problem due to the improvements not being completed prior to the businesses opening.

City Engineer Thornton stated that the City Engineering Department has the responsibility of monitoring the public improvements for all projects, such as traffic signals, road improvements, traffic control, etc., and would be the responsible department for this project.

City Manager Johnson stated that the Birtcher Development project will not be granted any certificates of occupancy until all road improvements are completed and that their businesses will not be using Cherry Valley Blvd. Their only access will be at the Singleton Road Interchange.

MOTION BY MAYOR DAVIS, SECONDED BY COUNCIL MEMBER MOLINA, CARRIED 3-1-1-0(COUNCIL MEMBER DUVALL VOTED NOE AND COUNCIL

MEMBER HEWITT WAS RECUSED) TO APPROVE SECOND READING BY TITLE ONLY AND ADOPT 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.

Council Member Hewitt returned to the meeting.

CHAMBER OF COMMERCE REPORTS
Chamber Vice President Tony Phillips presented the Chamber report as follows: August 4, 2022 the Chamber celebrated their 60 year anniversary with an event at the Calimesa Event Center. Supervisor Jeff Hewitt was the speaker for the August Chamber Breakfast meeting. The Chamber and the City held a successful State of the City event on August 24, 2022, many great compliments have been shared with the Chamber. Thanks were given to Deputy City Manager/City Clerk Gerdes and staff for their work on the event.

The “Get Your Lights On” Christmas Parade planning has begun and will come before the City Council at the October 3, 2022 meeting for a request to co-sponsor the event.

Welcome bags are distributed quarterly and will be assembled with the help of the Mesa View Middle School ASB Students. 2 new chamber members, 9 renewals and 145 members were reported.

POLICE CHIEF COMMENTS & REPORTS
Captain Salas announced that Lt. Richard Beatty had been transferred to the Temecula

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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Station and introduced Chris Olsen, who will serve as the new Lieutenant for the Cabazon Station. He reported 289 calls for service from September 5, 2022 – September 18, 2022 with 4 assaults, 3 burglaries, 7 disturbance calls, 1 DUI arrest, 8 thefts, 2 OD’s, 1 rape, 16 traffic tickets, 2 injury collisions, 5 non-injury collisions, 2 vandalism calls and 2 vehicle thefts.

FIRE CHIEF COMMENTS & REPORTS
Fire Chief O’Connell introduced newly appointed Firefighter Hector Hernandez and Battalion Chief Roger Salmo. He reported 1,268 calls for service since January 1, 2022, 887 of those calls being medical aide, 44 fires and 269 miscellaneous calls for public assistance. He further reported that he and two other department personnel took a trip to Ohio to conduct a mid-point inspection of the new apparatus, stating their happiness with the manufacturer.

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

Council Member Molina reported that she attended an RCTC meeting on August 14, 2022 where they discussed the Ramona Expressway Improvement Project. She further reported that she attended the Special City Council meeting of September 17, 2022.

Council Member Hewitt reported that she attended the WRCOG meeting on Monday, September 12, 2022 where they discussed the TUMF Zone 5, PSA for the TUMF Nexus Study, approval of a Reimbursement/Credit Agreement for City of Corona. The South Coast Air Quality Management District presented their 2022 plan and members were appointed to various committees. She announced the next meeting would be in person only on October 3, 2022 in Riverside.

Mayor Pro Tem Cervantez reported that he attended an RCA meeting on September 12, 2022 where they received an update on the Fairview Fire, adding that at least 28,000 acres of RCA land was burned. He further announced the Burrowing owl was the species of the month.

PUBLIC HEARINGS

12. CONTINUED 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 continued public hearing and continue it to the City Council Meeting of October 3, 2022 to allow staff time to finalize the proposed ordinance.

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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Mayor Davis opened the public hearing. City Manager Johnson requested that the City Council continue the public hearing to the October 3, 2022 meeting to allow staff and the City Attorney time to finalize the necessary documents.

MOTION BY MAYOR PRO TEM CERVANTEZ, SECONDED BY COUNCIL MEMBER HEWITT, CARRIED 5-0 TO OPEN THE PUBLIC HEARING AND CONTINUE IT TO THE CITY COUNCIL MEETING OF OCTOBER 3, 2022 TO ALLOW STAFF TIME TO FINALIZE THE PROPOSED ORDINANCE.

BUSINESS ITEMS

11. RECOMMENDED PARK NAME FOR THE APPROXIMATELY 6-ACRE PARK LOCATED WITHIN PHASE 1 OF THE SUMMERWIND TRAILS DEVELOPMENT – APN 413-290-062; ON ENGELMAN DRIVE, NORTH OF PALMER AVENUE AND SOUTH OF CHESTNUT ROAD.

RECOMMENDATION: That the City Council:

1. Receive and file the proposed park name recommended by the Parks, Trails, and Community Services Commission.

2. Provide direction to Staff regarding the official naming of the 6-Acre park in the Summerwind Trails Development.

Planning Director Lucia introduced Parks, Trails & Community Services Chairperson John Manly and Vice-Chairperson Renee Kanoti who spoke on behalf of the Commission and provided a Power Point presentation regarding the naming of the park located in the Summerwind Trails Development.

Joyce McIntire, Calimesa submitted a public comment via email and was read into the record by City Clerk Gerdes as follows:
“I’m making a request that the City Council consider a historical name for the Summerwind Park. There was so much history in that area, Dorothy Lamour log cabin, Stage Stop, an Indian Burial grounds, water ways to Riverside, Calimesa’s airport, a cattle ranch, etc. I like the name Stagecoach Trail Park.”
There was suggestions from the Council to include the Community in the naming process by holding a workshop or providing a survey on the City’s website.

Planning Director Lucia stated that a survey platform would be set up on the City’s website to allow for Community input and the item could be brought back to the next meeting of the City Council for consideration.

After discussion there was Council consensus to direct staff to conduct a survey using the City’s website and bring the item back to the October 3, 2022 meeting for further discussion and consideration.

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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RECESS CITY COUNCIL AND CONVENE SUCCESSOR AGENCY TO THE

CALIMESA REDEVELOPMENT AGENCY MEETING
City Council recessed at 7:00 p.m. - (Successor Agency proceedings are contained in separate minutes)

ADJOURN THE SUCCESSOR AGENCY TO THE CALIMESA REDEVELOPMENT

AGENCY AND RECONVENE CITY COUNCIL
Successor Agency adjourned, and City Council reconvened at 7:01 p.m.

Council Member Duvall reported that she attended the League of California Cities Annual Conference in Long Beach September 7 through the 9th, stating that her favorite workshop was entitled “Supporting Housing in Your Community through Policy, Finance and Communications. She further reported that she and the Fire Department attended the Yucaipa Elk’s Lodge 9/11 Event. She further reported that she attended the Veterans Expo Meeting where retired army Colonel William P. Corr provided a presentation on the “Promise to Address Comprehensive Toxics Act of 2022”, also known as the Honoring our PACT Act of 2022. She gave a “Shout-out” to Angela and Bill Daley who are residents of Calimesa who lost a niece in the Twin Towers on 9/11.

Council Member Molina reported that she attended the League of California Cities Annual Conference in Long Beach September 7th through the 9th and as the voting delegate voted on changes to the bylaws. She announced the League of California Cities Riverside Division “Corn Hole Competition” fundraising event to be held September 30, 2022 in Lake Elsinore.

Mayor Davis announced a gala that would be held for the “Family Promise of Yucaipa & Calimesa” in an effort to raise funds for homeless and struggling families. He stated that the event would be held on October 15, 2022.

CITY MANAGER COMMENTS & REPORTS
None.

RECESS TO CLOSED SESSION
City Attorney Barrow announced the Closed Session Item and Mayor Davis recessed the meeting to Closed Session at 7:05 p.m.

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City Council Action Minutes of the Regular Meeting of
September 19, 2022

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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.

CLOSED SESSION ANNOUNCEMENT
Direction was given to the negotiators with no further reportable action.

ADJOURNMENT
Meeting was adjourned at 7:37 p.m. to the regular meeting of the City Council on Monday, October 3, 2022 at 6:00 p.m.

Respectfully Submitted,
Darlene Gerdes, City Clerk

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City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: October 3, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.

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City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: October 3, 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 $291,842.24 (Check Nos. 39246 - 39305) b) September 29, 2022 Payroll of $82,957.18

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

THE AGENDA
MEETING DATE: October 3, 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.

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City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: BIENNIAL REVIEW AND UPDATE OF THE CITY’S CONFLICT-OFINTEREST CODE MEETING DATE: October 3, 2022
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2022-54 A Resolution of the City Council of the City of Calimesa, California, adopting an amended Conflict-of-Interest Code for the City and rescinding Resolution No. 2018-56.

DISCUSSION: The Political Reform Act, Government Code Sections 81000, et seq., requires the City to adopt a Conflict-of-Interest Code for each department of the City and requires every local government agency to review its conflict-of-interest code biennially to determine if it is accurate and up to date.

Pursuant to Resolution No. 2018-56, the City last adopted an updated Conflict-of-Interest Code four years ago containing designated positions and disclosure categories for certain departments of the City.

The first step in the review and update process is for staff to review the current Conflict-of-Interest Code and prepare and submit to the City Council a Biennial Notice form indicating whether or not amendments to the City’s or other local agency Code is required. The Biennial Notices were brought before you at your September 19, 2022 Council meeting and were approved by a 5-0 vote of the Council. The City Council are then to complete the update process by December 31st of each evennumbered year.

By the attached Resolution No. 2022-54, the City is rescinding the City’s 2018 Conflict-of-Interest Code and adopting a new updated Conflict-of-Interest Code containing designated positions and disclosure categories for all applicable departments of the City.

The Fair Political Practices Commission has adopted a standard model Conflict-of-Interest Code.

The standard model code is codified at California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City's Conflict-of-Interest Code. The standard Conflictof-Interest Code adopted by the Fair Political Practices Commission is attached hereto as Exhibit A to the Resolution. Appendix A of this Resolution sets forth the designated positions and Appendix B sets forth the disclosure categories for each City department. All of these documents together shall constitute the Conflict-of-Interest Code for the following departments:
• City Manager’s Department

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• City Clerk's Department
• Community Development Department
• Public Works and Engineering Department
• Finance Department
• Fire Department
• Consultants
Aside from adopting the standard model code, the only change to the City’s Conflict-of-Interest Code are title amendments and additions of the following designated positions:
• Add: Executive Assistant/Deputy City Clerk to City Clerk’s Department • Delete: Community and Economic Development Director
• Change: Planning Manager to Planning Director
• Change: Assistant Planner to Associate Planner
• Add: Associate Engineer under Public Works Department • Add: Maintenance Supervisor under Public Works Department • Change: Finance Manager to Finance Director
• Add: Deputy Fire Marshall under Fire Department
Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 5 of the Conflict-of-Interest Code with the City Clerk.

The City Clerk, as Filing Officer, administers the Conflict-of-Interest Code at the local level and notifies each designated employee, commissioner and consultant of his or her filing obligation.

Officials designated in the Conflict-of-Interest Code are required to file an Assuming Office Statement when they assume a designated position, an Annual Statement each year and a Leaving Office Statement within thirty days of resignation or termination. Filers must sign the Form 700 under penalty of perjury. Once filed, the form is a public document and must be made available to the public upon request.

ATTACHMENTS:

Attachment A: Resolution No. 2022-54

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RESOLUTION NO. 2022-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA ADOPTING AN AMENDED CONFLICT OF

INTEREST CODE CONTAINING REVISED DESIGNATED

POSITIONS AND DISCLOSURE CATEGORIES AND
REPEALING RESOLUTION NO. 2018-56

THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act, Government Code Sections 81000, et seq., requires the City to adopt a Conflict of Interest Code for each department of the City.

Section 2. The Fair Political Practices Commission has adopted a standard model Conflict of Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City's Conflict of Interest Code.

Section 3. Pursuant to Resolution No.2018-56, the City last adopted an updated Conflict of Interest Code containing designated positions and disclosure categories for certain departments of the City. By this Resolution, the City is adopting a new updated Conflict of Interest Code containing designated positions and disclosure categories for all applicable departments of the City.

Section 4. The standard Conflict of Interest Code adopted by the Fair Political Practices Commission attached hereto as Exhibit A, as amended by the Commission from time to time, and Appendix A which sets forth the designated positions, and Appendix B which sets forth the disclosure categories for each City department, are hereby incorporated by reference and shall constitute the Conflict-ofInterest Code for the following departments:

A. City Manager’s Department
B. City Clerk's Department
C. Community Development Department
D. Public Works and Engineering Department
E. Finance Department
F. Fire Department
G. Consultants.

Section 5. Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 5 of the Conflict-of-Interest Code with the City Clerk.

Attachment 5A

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Section 6. Pursuant to the Political Reform Act (Government Code Sections 81000 through 91014), a person holding a designated position listed in this Conflict-of-Interest Code that violates any provisions of this Code is subject to administrative, criminal and civil sanctions provided in the Political Reform Act. In addition, if a person who holds a designated position makes, participates in making or otherwise attempts to use his or her official position to influence a decision of the City in which he or she has a financial interest, he or she may also be subject to additional administrative, criminal and civil sanctions and the decision may be set aside and voided pursuant to Government Code Section 91003.

Section 7. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 8. Resolution No. 2018-56 of the City Council is hereby repealed in its entirety.

Section 9. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 3
rd day of October 2022.
_____________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK

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RESOLUTION NO. 2022-54

EXHIBIT A
California Code of Regulations
Section 18730 - Conflict of Interest Code

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1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

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2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's

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3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.

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4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

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5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest;

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6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

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7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

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8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from

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9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

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10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

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11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

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12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

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13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

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14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

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15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

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16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

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17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

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18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

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19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,

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20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

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21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

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APPENDIX “A”
Designated Positions Disclosure Categories
CITY MANAGER’S DEPARTMENT AND GENERAL ADMINISTRATION
City Council Member 1
City Manager 1
General Services Director 2, 3, 4, 5
City Attorney 1
Assistant City Attorney 2, 3, 4, 5
Members of the Planning Commission 1
Members of Other City Advisory Commissions 2, 3, 4, 5
CITY CLERK’S DEPARTMENT
Deputy City Manager/City Clerk
Executive Assistant/Deputy City Clerk
2, 3, 4, 5
2, 3, 4, 5

COMMUNITY DEVELOPMENT DEPARTMENT
Community and Economic Development Director 2, 5, 6, 7
Planning Manager Director 2, 5, 6, 7
Assistant Associate Planner 2, 5, 6, 7
Building Official 2, 5, 6, 7
Code Enforcement Officer 2, 5, 6, 7

PUBLIC WORKS DEPARTMENT
Public Works Director 2, 5, 8, 9
City Engineer 2, 5, 8, 9
Associate Engineer 2, 5, 8, 9
Maintenance Supervisor 2, 5, 8, 9

FINANCE
Finance Manager Director 2, 5, 8, 9

SENIOR CENTER
Senior Center Coordinator 2, 5, 8, 9

FIRE DEPARTMENT
Fire Chief 2, 3, 4, 5
Deputy Fire Chief 2, 3, 4, 5
Battalion Chief 2, 3, 4, 5
Deputy Fire Marshall 2, 3, 4, 5

CONSULTANTS
Consultant 10

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APPENDIX "B"

DISCLOSURE CATEGORIES

1. Disclosure is already required by Government Code Section 87200. No additional disclosure is required by this Code.

2. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B.)

3. Reportable income and business positions. (Form 700, Schedule C).

4. Reportable investments. (Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (Form 700, Schedules D and E).

6. Reportable income and business positions from persons or business entities having an interest in real property in the jurisdiction. (Form 700, Schedule C)

7. Reportable investments in business entities having an interest in real property in the jurisdiction. (Form 700, Schedules A-1 and A-2).

8. Reportable income and business positions from persons or business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict-of-Interest Code, services, supplies, materials or equipment of the type utilized by the City. (Form 700, Schedule C).

9. Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict-of-Interest Code, services, supplies, materials or equipment of the type utilized by the City. (Form 700, Schedules A-1 and A-2).

10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

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Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.)
B. Reportable income and business positions. (FPPC Form 700, Schedule C).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.)
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E)

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City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
AUGUST 31, 2022
MEETING DATE: October 3, 2022
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended August 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:
• Transfers of $1.5 million from LAIF investment account to Bank of America Checking account FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $2,220.64 for CFD and Successor Agency funds.

ATTACHMENTS:

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

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City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: AGREEMENT FOR REGIONAL EARLY ACTION PLANNING (“REAP”)

LOCAL STAFF ASSISTANCE PROGRAM BETWEEN THE CITY OF

CALIMESA AND THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS (“WRCOG”) TO ESTABLISH AN AFFORDABLE

HOUSING IN LIEU FEE
MEETING DATE: October 3, 2022
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: It is respectfully recommended that the City Council approve the Agreement (“Agreement”) for Regional Early Action Planning (“REAP”) Local Staff Assistance between the City of Calimesa and the Western Riverside Council of Governments (“WRCOG”) to establish an affordable housing in-lieu fee and authorize the Mayor to execute the Agreement.

BACKGROUND/DISCUSSION: Calimesa Municipal Code (“CMC”) Chapter 18.130 Inclusionary Housing (Attachment A) requires that five percent of all new residential units/lots be offered for sale as inclusionary units restricted for owner occupancy by low-income households. A low-income household is defined as those whose income does not exceed 80 percent of area median income. The inclusionary housing ordinance does not apply to projects that propose 19 or fewer for sale units.

According to CMC Chapter 18.130.020, the requirement to provide affordable units is trigged by the creation of 20 or more residential lots/units through 1) subdivision, 2) the construction of for sale units, or 3) the conversion of rental units to condominium ownership.

The purpose of the inclusionary housing requirement is to encourage the development and availability of housing affordable within the city to a broad range of households with varying income levels, to promote the City’s goal of adding affordable housing units to the City’s housing stock, to increase the availability of housing opportunities for low- and moderate-income households, and to implement policies of the housing element of the general plan, including the adoption of an inclusionary housing program.

The program is implemented by requiring obligated projects (as discussed above) to submit an inclusionary housing plan at application submittal. The inclusionary housing plan must include the number, location, type of structure, size of the proposed market rate/inclusionary units, the income levels to which unit will be made affordable, and the methods to advertise the availability of the units, among other details.

The default method of compliance is for the developer/applicant to construct the required for-sale affordable units within the overall project site (on-site construction). However, the City’s inclusionary housing chapter provides two alternative methods of compliance which are 1) off-site construction or 2) dedication of land. See CMC Section 18.130.070 for additional detail (Attachment A).

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Over the last several years, various residential developers have requested that the City consider adding an in-lieu fee payment as a third alternative for compliance. An in-lieu fee allows a developer to pay a fee rather than complying through onsite construction, offsite construction, or dedication of land. State law requires that a jurisdiction provide at least one alternative method to comply with the inclusionary requirements, and an in-lieu fee, while a commonly used alternative, is not required under the law.

Should City Council approve the Agreement between the City and WRCOG (Attachment B), WRCOG would engage one of its on-call firms (Placeworks) to: 1) prepare an ordinance amendment to allow in lieu fee payment as an alternative method of compliance and 2) establish the amount of an in-lieu fee based on a financial feasibility analysis (“Scope of Work”).

The Agreement would not require the City to enter into a direct contract with Placeworks or require the use of City funds. As part of the Regional Early Action Planning (REAP) subregional partnership program grant, WRCOG is offering direct assistance with housing related activities. In order to continue housing activities assistance to the local jurisdictions, WRCOG developed an additional list of assistance tasks. The tasks were identified through feedback sought by member agency staff on its top priorities to help advance their respective housing goals. This draft list was provided to the WRCOG Planning Directors Committee at the December 9, 2021, meeting for input. Member agencies were invited to select which project they would like to undertake through a request form that was created. Additionally, member agencies were able to request assistance with other housing related activities that may not have been on that list. Requests for assistance were then reviewed by WRCOG who coordinated finding an appropriate consultant, selected from WRCOG’s on-call contract planning bench, to complete the work. City staff identified the Scope of Work as a housing related activity that the City would benefit from assistance with.

The purpose of the subject agreement between WRCOG and the City is to clearly set out the roles and responsibilities of various parties including WRCOG, the member agency (Calimesa), and the consultant (Placeworks). The language in the agreement has much of the standard language included in a WRCOG Professional Services Agreement (PSA) in order to ensure terms and provisions are agreed upon. The template agreement was approved by the WRCOG Executive Committee at its February 7, 2022 meeting. There is no funding tied to this agreement between WRCOG and the City. WRCOG will coordinate separately with one of their on-call consultants to execute a new Task Order to provide the services requested by the city. The Scope of Work may be found as Exhibit A to the Agreement (see discussion above).

Should the City Council approve the Agreement, the proposed revision to CMC 18.130 to allow affordable housing in-lieu fee payments and the calculated in-lieu fee payment amount would be brought to City Council for consideration at a later date.

FISCAL IMPACT: The services provided by the Agreement would be paid by WRCOG utilizing REAP grant funds and would not require the use of City funds.

ATTACHMENTS:

Attachment A: Calimesa Municipal Code Chapter 18.130 Inclusionary Housing.

Attachment B: Agreement for Regional Early Action Planning (“REAP”) Local Staff Assistance between the City of Calimesa and the Western Riverside Council of Governments (“WRCOG”)

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Chapter 18.130
INCLUSIONARY HOUSING1
Sections:

18.130.010 Purpose and intent.

18.130.020 Definitions.

18.130.030 Inclusionary requirements.

18.130.040 Exemptions.

18.130.050 Affordable housing standards.

18.130.060 Inclusionary housing plan.

18.130.070 Alternative means of compliance.

18.130.080 Inclusionary housing affordability covenant.

18.130.090 Eligibility for inclusionary units – Owner occupancy required.

18.130.100 Affordable sales price and long-term affordability restriction.

18.130.110 Adjustments and waivers.

18.130.120 General prohibitions and enforcement.

18.130.130 Temporary suspension.

18.130.010 Purpose and intent.

The purpose and intent of this chapter, which shall be known as the “Calimesa inclusionary housing ordinance,” are the following:

A. To encourage the development and availability of housing affordable within the city to a broad range of households with varying income levels;
B. To promote the city’s goal of adding affordable housing units to the city’s housing stock; C. To increase the availability of housing opportunities for low and moderate income households within the city limits in order to protect the economic diversity of the city’s housing stock, and to ultimately reduce traffic, commuting and related air quality impacts within the region, and to encourage the quality of life unique to the city of Calimesa; D. To implement policies of the housing element of the general plan, including:

1. Adopting an inclusionary housing program to meet the housing needs of those not currently served by other housing programs; and
Attachment 7A

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2. Encouraging the development of housing for first-time home buyers, including low income households;
E. To mitigate the fact that new housing developments increase the local demand for services and thereby expand the need for new low wage jobs, increasing the demand for low income housing in the city; and
F. To ensure that the imposition of the inclusionary housing requirements occurs at a time when the housing market has improved to a level that the requirements do not unduly hinder or impede housing development projects in the city. [Ord. 320 § 2, 2012; Ord. 304 § 2, 2011.]

18.130.020 Definitions.

The terms used in this chapter shall have the meanings set forth below:
“Affordable sales price” means the maximum sales price to be paid by a low income household for an inclusionary unit, to be determined as follows:

A. Determine the “annual income for a lower income household” as follows:

1. Determine the average number of bedrooms per unit in the proposed residential development.

2. Round up the number of bedrooms from subsection (A)(1) of this defintion to the next whole number to determine the applicable household size.

3. Determine the area median income, as defined in this section, for a household of the size determined in subsection (A)(2) of this definition.

4. Multiply the area median income determined in subsection (A)(3) of this definition by 0.80 to determine the “annual income for a lower income household.” B. Determine the “monthly household allowance available for a mortgage payment” as follows:

1. Multiply the “annual income for a lower income household” determined in subsection (A)(4) of this definition by 0.35 to determine the “annual housing allowance.”

2. Divide the “annual housing allowance” by 12 to determine the “monthly housing allowance.”

3. Multiply the “monthly housing allowance” by 0.80 to determine the “monthly household allowance available for a mortgage payment.”
C. Determine the “maximum mortgage” that can be financed as follows:

1. Find the “prevailing interest rate,” which shall be the historical daily required net yield for the prior month for a 30-year fully amortized fixed-rate single-family home mortgage, as identified by Fannie Mae;

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2. Determine the “maximum mortgage” that can be financed at the “prevailing interest rate” determined in subsection (C)(1) of this definition based on the “monthly household allowance available for a mortgage payment” determined in subsection (B)(3) of this definition.

D. Determine the “affordable sales price” by dividing the “maximum mortgage” determined in subsection (C)(2) of this definition by 0.80.
“Applicant” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks city approvals for all or part of a residential development. “Area median income” means the median household income, provided in Section 50093(c) of the California Health and Safety Code, as amended, that is applicable to Riverside County and adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development.
“CMC” means the Calimesa Municipal Code.
“Household” means one person living alone or two or more persons sharing a residency whose income is considered for housing payments.
“Inclusionary housing plan” means the applicant’s proposal for compliance with this chapter for a particular residential development.
“Inclusionary unit” means a dwelling unit that will be offered for sale to low-income households, at an affordable sales price, in compliance with this chapter. “Low-income household” means a household whose income does not exceed 80 percent of area median income.
“Market-rate unit” means a dwelling unit in a residential development that is not an inclusionary unit. “Residential development” means any of the following: (A) a subdivision resulting in the creation of 20 or more residential lots or residential units; (B) the new construction of a project consisting of 20 or more for-sale dwelling units, whether in a multifamily development or a development of singlefamily homes; or (C) the conversion of 20 or more rental units to condominium ownership. “Unit size” means all of the usable floor area within the perimeter walls of a dwelling unit, exclusive of open porches, decks, balconies, garages, basements, cellars that extend no more than two feet above finished grade, and attics that do not exceed a floor-to-ceiling height of five feet. [Ord. 320 § 3, 2012; Ord. 304 § 2, 2011.]

18.130.030 Inclusionary requirements.

A. General Requirement. For all residential developments, as defined in CMC 18.130.020, at least five percent of the total lots or units created must be offered for sale as inclusionary units restricted for owner occupancy by low-income households.

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B. Rounding. In determining the number of inclusionary units required by this section, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

C. Affordable Sales Price. Inclusionary units must be sold at a price affordable to low-income households, calculated according to the definition in CMC 18.130.020, or as otherwise described in a city affordable housing policy effective on the date of the planning commission’s approval of the inclusionary housing plan. [Ord. 304 § 2, 2011.]

18.130.040 Exemptions.

The requirements of this chapter shall not apply to the following types of development projects:

A. Residential dwelling units that are offered for lease rather than for sale.

B. The reconstruction of any residential units or structures which have been destroyed by fire, flood, earthquake or other act of nature, which are being reconstructed in a manner consistent with the requirements of CMC Title 15.

C. Residential developments that comply with the density bonus ordinance pursuant to Chapter

18.125 CMC.

D. Applications deemed complete prior to the effective date of the ordinance codified in this chapter.

E. A residential project that is the subject of a development agreement or regulatory agreement that expressly provides for exemption from this chapter or provides for a different inclusionary requirement from that specified by this chapter. [Ord. 304 § 2, 2011.]

18.130.050 Affordable housing standards.

Inclusionary units must conform to the following standards:

A. Design. Inclusionary units must be comparable in construction quality and exterior design to the market-rate units. Inclusionary units may have different interior finishes and features than marketrate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.

B. Size. The average number of bedrooms in the inclusionary units must equal or exceed the average number of bedrooms in the market-rate units. Inclusionary units shall have the number of bathrooms equal to that of a market-rate unit of the same number of bedrooms. The average unit size of each inclusionary unit shall equal or exceed the average unit size of the market-rate units.

C. Timing. Inclusionary units shall be provided concurrently with or prior to the related market-rate units. In phased developments, inclusionary units shall be provided in proportion to the number of units in each phase of the residential development.

D. Duration of Affordability Requirement. As stated in the inclusionary housing affordability covenant, inclusionary units shall be restricted for a minimum of 55 years to ownership by lowincome households.

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E. Location. Except as otherwise provided in this chapter, inclusionary units shall be constructed on site and shall be reasonably dispersed throughout the residential development.

F. Access to Amenities. Households occupying inclusionary units shall have the same access to the amenities and recreational facilities in the residential development as households occupying the market-rate units. [Ord. 304 § 2, 2011.]

18.130.060 Inclusionary housing plan.

A. Every residential development to which this chapter applies shall include an inclusionary housing plan as part of the initial application for the development plan, tentative map, or other discretionary approval to which this chapter applies.

B. No application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies may be deemed complete until the accompanying inclusionary housing plan, containing the requirements of this section, is received and deemed complete by the community development director.

C. At any time during the review process, the community development director may require from the applicant additional information reasonably necessary to clarify and supplement the inclusionary housing plan, or determine the consistency of the project’s proposed inclusionary housing plan with the requirements of this chapter.

D. An inclusionary housing plan must include the following:

1. The number, location, structure (attached, semi-attached, or detached), and size of the proposed market-rate and inclusionary units and the basis for calculating the number of inclusionary units;

2. A floor or site plan depicting the location of the inclusionary units and the market-rate units;

3. The income levels to which each inclusionary unit will be made affordable;

4. The methods to be used to advertise the availability of the inclusionary units and select the eligible purchasers;

5. For any phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development;

6. Any alternative means designated in CMC 18.130.070 proposed for the development along with information necessary to support the findings required by CMC 18.130.070 for approval of such alternatives; and

7. Any other information reasonably requested by the community development director to assist with evaluation of the plan under the standards of this chapter. [Ord. 304 § 2, 2011.]

18.130.070 Alternative means of compliance.

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An applicant may submit an inclusionary housing plan that proposes one of the alternative methods of compliance described in this section. The city may approve, conditionally approve, or deny such a proposal in accordance with the findings described herein.

A. Off-Site Construction. The required inclusionary units may be constructed off-site if the planning commission (or the city council on appeal) finds as follows:

1. The unit size and number of bedrooms of the proposed off-site inclusionary units would be greater than that of the inclusionary units if they were built on site;

2. The off-site inclusionary units would allow for significantly reduced sales prices;

3. The off-site inclusionary units would be provided prior to the completion of the market-rate units;

4. The proposed location of the off-site inclusionary units would be accessible to public transit, commercial areas, or public services.

B. Dedication of Land. In lieu of building inclusionary units on site or off site, an applicant may dedicate land to the city (or a city-designated nonprofit housing developer) if the planning commission (or the city council on appeal) finds as follows:

1. The land to be dedicated is appropriately zoned and otherwise suitable for construction of the number and type of inclusionary units that would be required to be built on site; and

2. The value of the land to be dedicated is roughly equivalent to the value of the land and amount it would cost the applicant to construct the required number of inclusionary units on site; and

3. The city, or the city-designated nonprofit housing developer, has adequate funding sources to construct the required inclusionary units on the dedicated land; and

4. The proposed location of the off-site inclusionary units would be accessible to public transit, commercial areas, or public services; or

5. In the alternative, in the event that subsections (B)(1), (B)(2), (B)(3) and (B)(4) of this section, or any one of those, is not satisfied, the dedication of land would accomplish specific housing goals set forth in the city’s general plan. [Ord. 304 § 2, 2011.]

18.130.080 Inclusionary housing affordability covenant.

A. Prior to issuance of a grading permit or building permit, whichever is requested first, an inclusionary housing affordability covenant must be approved and executed by the community development director and the applicant/owners, and recorded against the title of each inclusionary unit.

B. If the residential development involves the subdivision of land or airspace into individual lots or units and a final map has not been approved and recorded at the time the applicant requests a

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grading permit or building permit, an interim inclusionary housing affordability covenant shall be recorded against the whole of the property to be subdivided, and shall be replaced by separate recorded inclusionary housing affordability covenants for each lot or unit prior to the sale of any lot, airspace or condominium unit. [Ord. 304 § 2, 2011.]

18.130.090 Eligibility for inclusionary units – Owner occupancy required.

A. Eligibility for Inclusionary Units. No household may purchase or occupy an inclusionary unit unless the city has approved the household’s eligibility as a “low-income household,” and the household and city have executed and recorded an inclusionary housing affordability covenant in the chain of title of the inclusionary unit, as required by CMC 18.130.080.

B. Owner Occupancy. A household that purchases an inclusionary unit must occupy that unit as its principal residence, as that term is defined for federal tax purposes by the United States Internal Revenue Service. [Ord. 304 § 2, 2011.]

18.130.100 Affordable sales price and long-term affordability restriction.

A. Initial Sales Price. The initial sales price of an inclusionary unit shall be set at the affordable sales price.

B. Transfers and Conveyances. A new inclusionary housing affordability covenant shall be executed upon each change of ownership of an inclusionary unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an inclusionary unit.

C. Resale Price. In order to maintain the availability of inclusionary units required by this chapter, the resale price of an inclusionary unit shall be limited to the lesser of the following:

1. The fair market value of the inclusionary unit, as established by a licensed real estate agent based upon three comparable properties;

2. The affordable sales price based on the area median income at the time of resale; or

3. The sum of:
a. The selling party’s initial purchase price;
b. Escrow costs, title insurance premiums paid, and other customary closing costs and fees;
c. The adjusted amount of any capital improvements for which a building permit has been issued by the city and a certification of occupancy or similar final certification has been filed, or other improvements which add assessed value to the inclusionary unit; and d. Any applicable transaction fee charged by a real estate professional. e. If the occupant has allowed the unit to deteriorate due to deferred maintenance, the restricted resale price shall be discounted in an amount equal to the costs necessary to bring the unit into conformity with the CMC.

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D. Inheritance of Inclusionary Units. Upon the death of an owner of an owner-occupied inclusionary unit, title in the property may transfer to the surviving joint tenant without respect to the incomeeligibility of the household. Upon the death of a sole owner or of all owners of an inclusionary unit and the inheritance of the property by one or more non-income-eligible persons, the property shall be sold to an income-eligible household within one year of the time when the deceased’s estate is settled.

E. Forfeiture. If an inclusionary unit is sold for an amount in excess of the resale price controls required by subsection (C) of this section, the buyer and the seller shall be jointly and severally liable to the city for the entire purchase price of the unit. Recovered funds shall be used by the city to accomplish its affordable housing goals. Notwithstanding the foregoing, it shall be within the discretion of the city manager to allow the buyer and seller 180 days to cure any violation of the resale price controls. [Ord. 304 § 2, 2011.]

18.130.110 Adjustments and waivers.

A. The requirements of this chapter may be adjusted or waived (in whole or in part) by the city if the applicant demonstrates to the planning commission (or the city council on appeal) that applying the requirements of this chapter would constitute a taking of property without just compensation under the California or federal Constitutions.

B. The applicant has the burden of providing economic information and other evidence necessary to establish that application of this chapter to the specific residential development would constitute a taking of the property of the proposed residential development without just compensation.

C. Application for Adjustment or Waiver. An application for an adjustment or waiver shall be accompanied by all of the following information:

1. The estimated fair market value of the property prior to the application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies.

2. The estimated fair market value of the property after completion of the residential development, including the reservation of five percent of the total units for sale to low-income households.

3. The estimated fair market value of the property after completion of the residential development without the reservation of five percent of the total units for sale to low-income households.

4. The estimated cost of any alteration, demolition, and construction required to complete the residential development.

5. The amount paid for the property if purchased within the previous 36 months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

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6. Any listing of the property for sale, prices asked, and offers received within the two years prior to the application for a development plan, tentative map, or discretionary approval for a residential development to which this chapter applies.

D. Timing of Waiver Request. To receive an adjustment or waiver, the applicant shall make a request of the planning commission for such an adjustment or waiver and demonstrate the appropriateness of the adjustment or waiver when first applying to the planning commission for review and approval of the development plan, tentative tract map, or other discretionary approval triggering compliance with this chapter.

E. Assumptions. In making a determination on an application to adjust or waive the requirements of this chapter, the planning commission (or the city council on appeal) may assume each of the following when applicable:

1. That the applicant is subject to the inclusionary housing requirement;

2. That the applicant is obligated to provide the inclusionary units in only the most economical manner feasible in terms of construction, design, and location.

F. Written Determination. Within 60 days of the public hearing on the adjustment or waiver request, the planning commission (or the city council on appeal) shall deny the request unless it finds that:

1. Denial of the request would deny the applicant all economically viable use of the property; or

2. Denial of the request would substantially interfere with the applicant’s distinct investmentbacked expectations, which expectations may be formulated in part based on land acquisition costs, construction costs, financing costs, or other costs of development; or

3. Denial of the request would otherwise constitute a taking pursuant to the federal or state Constitutions.

G. Modifications to Reduce Obligations. If it is determined that the application of the provisions of this chapter would constitute a taking, the inclusionary housing plan shall be modified to reduce the obligations of this chapter to the extent, and only to the extent, necessary to avoid a taking. If it is determined that no taking would occur, the requirements of this chapter shall apply.

H. Appeal to the City Council. Any action taken by the planning commission made pursuant to a request for an adjustment or waiver pursuant to this section may be appealed to the city council in accordance with the appeal procedures of CMC 18.15.080, Hearings and appeals. [Ord. 304 § 2, 2011.]

18.130.120 General prohibitions and enforcement.

A. No person shall sell an inclusionary unit at a price in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this chapter.

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1 B. No person shall sell an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this chapter.

C. No person shall provide false or materially incomplete information to the city or to a seller of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.

D. Enforcement.

1. Any violation of this chapter constitutes a misdemeanor.

2. Forfeiture of Funds. Any individual who sells an inclusionary unit in violation of this chapter shall be required to forfeit all money so obtained. Recovered funds shall be relinquished to the city and used for the development of affordable housing in the city.

3. Legal Action. The city may institute any appropriate legal action or proceedings necessary to ensure compliance with this chapter, including actions:
a. To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and
b. For injunctive relief or damages.

4. Recovery of Costs. In any action to enforce this chapter or an inclusionary housing affordability covenant recorded hereunder, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. [Ord. 304 § 2, 2011.]

18.130.130 Temporary suspension.

The provisions of this chapter are temporarily suspended as of the effective date of Ordinance No. 304 and shall automatically become reinstituted and take effect on January 1, 2017. The city council may revise the effective date to be earlier or later based upon its determination that the real estate market has recovered sufficiently to allow the implementation of this chapter without unduly hindering or impeding the development of housing in the city. [Ord. 320 § 4, 2012.] Code reviser’s note: See CMC 18.130.130, which temporarily suspends this chapter.

Mobile Version

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20323.00005\34736829.4
1 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
REGIONAL EARLY ACTION PLANNING (‘REAP”) LOCAL STAFF ASSISTANCE

PROGRAM AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this 27th day of July 2022, by and between the Western Riverside Council of Governments, a California public agency (“WRCOG”) and City of Calimesa ("Member Agency"), a California public agency, whose address is 908 Park Avenue, Calimesa, CA 92320. WRCOG and Member Agency are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Member Agency.

The Member Agency desires to participate the Regional Early Action Planning (‘REAP”) Local Staff Assistance Program and made possible through WRCOG’s REAP GRANT (the “Program”) in order to receive certain on-call professional services as provided by WRCOG via its chosen consultant pursuant to the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the parties (“Task Order”). The scope of the services provided in the Task Order may be found in Exhibit A.

3. Terms.

3.1 Scope of Services and Term. Member Agency has requested WRCOG to provide certain professional service (“Services”) offered under the Program

3.1.1 Term. The term of this Agreement shall be from July 17, 2022, to December 31, 2024, unless earlier terminated as provided herein.

3.1.2 Services. The Services to be provided under this agreement shall be set forth in Task Orders approved by WRCOG and the Member Agency. The Task Order shall include a description of the Services, the requested schedule for the Services, the Consultant assigned to perform the Services (“the Consultant”), the expected product and the maximum budget for the Services provided under the Task Order. The maximum cost of Consultant’s work provided to the Member Agency shall not exceed the maximum budget set forth in the Task Order without the written approval from WRCOG.

3.1.3 Compensation. No compensation from Member Agency is due for the Services provided pursuant to this Agreement.

3.2 Insurance. WRCOG shall require the Consultant to procure and maintain, at its own expense, for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with Attachment 7B

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20323.00005\34736829.4
2 the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall give both WRCOG and the Member Agency insured status.

3.3 General Provisions.

3.3.1 Termination of Agreement.
(a) Grounds for Termination. WRCOG or the Member Agency may terminate the whole or any part of this Agreement at any time and without cause by giving written notice of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

3.3.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Member Agency: City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: City Manager
Phone: 909-795-9801
WRCOG: Western Riverside Council of Governments
3390 University Ave., Suite 200
Riverside, CA 9501
Attn: Kurt Wilson, Executive Director
Phone: 951-405-6701
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.3.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.3.4 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

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20323.00005\34736829.4
3 3.3.5 Indemnification. WRCOG’s agreement with the Consultant shall require the Consultant to defend, indemnify and hold the Member Agency, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to the Services provided by the Consultant under the Program.

3.3.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.3.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.3.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.3.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.3.10 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of WRCOG. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.3.11 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to the Member Agency include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to WRCOG include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.3.12 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.3.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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20323.00005\34736829.4
4 3.3.14 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.3.15 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.3.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.3.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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20323.00005\34736829.4

SIGNATURE PAGE
TO

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

AGREEMENT FOR ON-CALL PLANNING SERVICES
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date first written above.

WESTERN RIVERSIDE COUNCIL CITY OF CALIMESA

OF GOVERNMENTS
By: ____________________________ By: __________________________ Kurt Wilson William Davis
Executive Director Mayor
APPROVED AS TO FORM:

By: _________________________
General Counsel
Best Best & Krieger LLP

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Exhibit A
Task Order Scope of Work

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Inclusionary Housing In-Lieu Fee
An in-lieu fee allows a developer to pay a fee rather than incorporating affordable housing units into a proposed development as would be required under an inclusionary housing requirement.

State law requires that a jurisdiction provide at least one alternative method to comply with the inclusionary requirements, and an in-lieu fee, while a commonly used alternative, is not required under the law.

When developers include required affordable housing units in a new development project, they are entitled to higher density and several types of flexibility with development standards under the state’s density bonus law. The density bonus law provisions apply whether or not the local jurisdiction has an inclusionary housing requirement, and they are intended to provide a financial incentive to induce the development of affordable housing. When developers pay an in-lieu fee, their development project does not benefit from the provisions of the density bonus law.

A jurisdiction may establish the fee at a level equal to the direct cost to purchase land, build an affordable home, and operate that property for the long-term. At this high level, the fee would incentivize the developer to provide affordable housing onsite, since they would likely gain additional financial incentive from the density bonus law, thus lowering the ultimate cost to less then the inlieu fee. A fee at a high level also minimizes the responsibility of the local jurisdiction to have a direct hand in providing affordable housing.

A jurisdiction may also establish the fee at a level substantially less than the direct cost to build and operate affordable housing. At a low level, the fee would incentivize the developer to pay the in-lieu fee, thus avoiding a density bonus. A fee at such a lower level would also allow a jurisdiction to build up a fund to support affordable housing. The city could use these funds to directly provide affordable housing but would more likely use the money to help subsidize an affordable housing developer’s project. Many affordable housing developers incorporate features and services beneficial to low- and moderate-income households, features which probably would not be available in a mixed-income development. By contributing money to the project, the jurisdiction might be able to influence the size, scale, location, or other attributes of the project. More importantly, though, an affordable housing project with a substantive local contribution may be more competitive in the statewide allocation of low-income housing tax credits (LIHTC). This could be important in jurisdictions that lack high-quality transit routes and other factors that are considered in the LIHTC allocation.

Thus, there is no magic and no particular statutory direction in terms of the amount of an in-lieu fee, other than it should not exceed the actual cost to build and operate affordable housing. The scope of work outlined below is intended to determine the amount of a fee that would encourage on-site inclusionary housing, a level that would be relatively neutral, and a level that would encourage the payment of a fee while being sufficient to support and facilitate new housing built by affordable housing developers.

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Scope of Work
Project Kickoff
PlaceWorks will meet in-person with city staff to discuss the project and the expected outcomes. A key objective for this meeting is to identify typical sites and typical development projects as well as to review relevant general plan and zoning standards and impact fees.

Industry Interviews
As part of our typical process, PlaceWorks will talk with one or more affordable housing developers to gain insights on the costs as well as the opportunities and challenges to developing affordable housing in Calimesa. In addition, if desired by city staff, we will interview up to three market-rate housing developers recommended by city staff to gain a better understanding of the issues with providing affordable housing onsite and with an in-lieu fee.

Cost to Develop Affordable Housing
PlaceWorks will conduct a financial feasibility analysis, using development pro formas to determine the cost to develop affordable housing. The analysis will include an on-site affordable housing option with the applicable density bonus and an off-site affordable housing option (in-lieu fee) without a density bonus. The pro formas are intended to illustrate a range of potential impact fees.

Financial Feasibility Report
PlaceWorks will review the findings of the financial feasibility analysis with city staff, including a discussion of potential uses of the fee (to be included in the ordinance amendment. Based on the comments and direction received at the review meeting, we will prepare a final report. Based on the direction received from staff, the report may include a range for a potential fee with a discussion of the advantages and disadvantages of various fee levels, or it may recommend a specific fee, or both. We will review the report with staff, and, based on comments received at this meeting and one round of consolidated comments, we will prepare the final report. The reports will be submitted in a digital format.

Ordinance Amendment
PlaceWorks will draft an amendment to the zoning documents for the in-lieu fee. We will review the draft ordinance amendment with city staff and finalize the draft. We will assist staff with preparation of staff reports and preparation of presentation materials for the public hearings. The scope of work and budget cover three public meetings for the draft ordinance amendment, which could include one study session and two public hearings or however the city wants to use the three public meetings. Additional meetings would be provided for an additional cost, billed on a time and material basis.

Time Frame
We anticipate that the project will take six to eight weeks from project kick-off to completing the financial feasibility report. After reviewing the report, we anticipate up to four weeks to deliver the final report and the initial draft of the ordinance amendment. Public meetings and hearings for the ordinance amendment would be based on the schedule of the Planning Commission and City Council.

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City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: ANNEXATION OF CERTAIN PROPERTY TO (A) CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND
TRAILS) AS ANNEXATION NO. 1 (ADDING IMPROVEMENT AREA NO. 2) AND (B) CITY OF CALIMESA PUBLIC SERVICES COMMUNITY
FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 3
MEETING DATE: October 3, 2022
PREPARED BY: Bonnie Johnson, City Manager
RECOMMENDATION: That the City Council:

1. Adopt Resolution 2022-56, a Resolution of Intention to annex the Oak Valley Town Center development into City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) as Annexation No. 1 (adding Improvement Area No. 2) and setting a public hearing for November 7, 2022.

SUMMARY: Community Facilities Districts are a form of financing that can be used by cities, counties, school district, and special districts. CFDs raise money through special taxes that must be approved by 2/3 of the voters within the CFD. Most often, CFDs are formed by the landowner prior to subdivision. A CFD can be formed to finance a wide list of improvements, which include roads, water facilities, sewers and schools. They are also used to finance ongoing maintenance services such as landscaping, streets, lighting and drainage facilities. The taxes are secured by a continuing lien and are levied against property within the district on an annual basis. The revenue stream is used to pay debt service on bonds to finance facilities and to pay for services on a pay as you go basis by the annual special tax for services.

The City is in receipt of a Petition (including consent and waiver) with respect to a development for Summerwind Trails from the owner of the property known as the Oak Valley Town Center development (the “Owner”), which property consists of approximately 219 acres that are currently zoned as a combination of commercial and business park. The Owner is requesting that the City move forward and declare its intent to annex its property (the “Property”) (a) to the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (“CFD No. 2018-1”) as Annexation No. 1 (adding Improvement Area No. 2) for the purpose of financing a portion of the cost of providing park landscape maintenance, lighting maintenance, including traffic signals, streets and sidewalk maintenance, street landscape maintenance, storm drain and detention basin maintenance services (the “CFD No. 2018-1 Services”), and (b) to the City of Calimesa Public Services Community Facilities District No. 1 as Annexation No.

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3 for the purpose of funding law enforcement, fire, paramedic, and park maintenance services (the “CFD No. 1 Services,” and together with the CFD No. 2018-1 Services, the “Services”).

This property is slated for approximately 2.5 million square feet of warehouse logistics/business park uses on 121.6 acres, 88.7 acres of commercial uses, to include various public facilities such as a City Hall and fire station, 12.7 acres of open space, and 23.3 acres of road right of way.

The Rate and Method of Apportionment for Improvement Area No. 2 for CFD No. 2018-1 sets a maximum Special Tax B at $1,913 per acre for fiscal year 2022-23 with an annual escalator of the greater of the most recent annual percentage change in the Consumer Price Index or two percent (2%).

This annexation does not affect the special taxes (both for facilities and services) for Improvement Area No. 1 of CFD No. 2018-1 or of the bonds issued in 2020 by CFD No. 2018-1 for Improvement Area No.

1. Improvement Area No. 2 is proposed to only have a services special tax and no bonding capacity.

The Rate and Method of Apportionment for CFD No. 1 will not be modified due to Annexation No. 3.

The existing maximum special tax rates for CFD No. 1 Services will remain unchanged with its annual escalator, with Annexation No. 3 falling in Land Use Category 3 (Non-Residential Property) at a fiscal year 2022-23 maximum special tax rate of $3,348.16 per acre.

Within the two resolutions of intention, the City Council is being asked to accept the Petition, Consent and Waiver from the property owners, QR Birtcher Oak Valley Owner LLC and Oak Valley Development Company, LLC. This document is the petition from the Owner of the Property for the Property to be annexed into the two CFDs and is also a consent and waiver to allow the public hearings and elections to be held at the same meeting.

Staff is recommending the City Council (a) adopt the Resolution of Intention to Annex to CFD No. 2018- 1 (Attachment A), and (b) adopt the Resolution of Intention to Annex to CFD No. 1 (Attachment B).

These resolutions set a public hearing for each annexation for November 7, 2022.

Provided there is no majority protest at the public hearings on November 7, 2022, a special election shall be held for each annexation. Should the proposition pass with a two-thirds vote from the qualified voters, this property would be annexed into CFD No. 2018-1 and CFD No. 1 and the City may levy the special taxes pursuant to the rates and method of apportionment described above (Exhibit to A to the Resolutions of Intention at Attachment A and Attachment B) upon the adoption of ordinances levying the special taxes.

FISCAL IMPACT: None. Funds to be used for this annexation process were provided by developer deposit.

ATTACHMENTS:

Attachment A: Resolution of Intention to Annex to CFD No. 2018-1 – Resolution No. 2022-56 (including new RMA for Improvement Area No. 2 as Exhibit A).

Attachment B: Resolution of Intention to Annex to CFD No. 1 – Resolution No. 2022-57 (including existing RMA as Exhibit A).

Attachment C: Annexation Map No. 1 of CFD No. 2018-1 (Summerwind Trails).

Attachment D: Annexation Map No. 3 of Public Services CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services).

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132340499.2 A-1
RESOLUTION NO. 2022-56

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS), DECLARING ITS INTENTION TO ANNEX
PROPERTY INTO SAID DISTRICT AS IMPROVEMENT AREA NO. 2 AND

TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN
IMPROVEMENT AREA NO. 2
WHEREAS, on June 4, 2018, the City Council (the “Council”) of the City of Calimesa (the “City”) adopted Resolution No. 2018-20 stating its intention to form the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”), to finance a portion of the cost of providing park landscape maintenance, lighting maintenance, streets and sidewalk maintenance, street landscape maintenance, storm drain and detention basin maintenance services (the “IA1 Services”) that are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the CFD, including but not limited to Yucaipa Valley Water District sewer and water facilities and facilities fees, City capital impact fees, and related costs including designs, inspections, professional fees, connection fees and acquisition costs (the “Facilities”), and designating portions of the CFD as Improvement Area No. 1 (“Improvement Area No. 1”) and a future annexation area with respect to the CFD; and
WHEREAS, on June 4, 2018, the Council also adopted Resolution No. 2018-21 stating its intention and the necessity to incur bonded indebtedness in the aggregate amount not to exceed $24,000,000, for Improvement Area No. 1, to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and
WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the aggregate amount not to exceed $24,000,000, within the boundaries of Improvement Area No. 1; and WHEREAS, on July 16, 2018, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within Improvement Area No. 1 to pay for the IA1 Services and the rate and method of apportionment and manner of collection of the special tax to be levied within Improvement Area No. 1 to pay the principal and interest on the proposed bonded indebtedness of Improvement Area No. 1, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and
Attachment 8A

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WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by Improvement Area No. 1 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2018- 34 determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2018- 35 which called an election within the CFD for July 16, 2018 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on July 16, 2018, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; and WHEREAS, on September 20, 2020, the CFD issued its $14,325,000 Special Tax Bonds, 2020 Series (Improvement Area No. 1) secured by special taxes collected in Improvement Area No. 1; and
WHEREAS, the Council, acting as the legislative body of the CFD, has received one or more written petitions (the “Petition”) signed by the owner(s) of certain property (the “Developer”) requesting that the CFD institute proceedings for the annexation of its property into the CFD (the “Annexation No. 1”) to be designated as Improvement Area No. 2 within the CFD (“Improvement Area No. 2”) within the CFD; and WHEREAS, the Council has considered the advisability and necessity of instituting proceedings to annex the proposed Annexation No. 1 to the CFD under and pursuant to the terms and provisions of the Act, for the purpose of financing a portion of the cost of providing park landscape maintenance, lighting maintenance, including traffic signals, streets and sidewalk maintenance, street landscape maintenance, storm drain and detention basin maintenance services (the “IA2 Services”); and WHEREAS, the Council intends to finance the IA2 Services that are in addition to those provided within the proposed Annexation No. 1 prior to its annexation to the CFD and do not supplant services already available within such property, subject to the levy of a special tax to pay for the IA2 Services, being approved at an election to be held within the boundaries of said annexation, which are necessary to meet increased demands placed on the City as a result of the development of the property within the proposed Annexation No. 1; and
WHEREAS, pursuant to Section 53339 of the Act, having received such petition, it is appropriate for the Council to institute proceedings for the annexation of the proposed Annexation No. 1 to the CFD by adoption of a resolution of intention pursuant to Section 53339.3 and of the Act;
WHEREAS, the Council has determined pursuant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD upon its annexation;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY

OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS), AS FOLLOWS:

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Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation No. 1” or “Improvement Area No. 2”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 1 - City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails)” which map indicates by a boundary line the extent of the territory included in Annexation No. 1 and shall govern for all details as to the extent of Annexation No. 1. On the original and one copy of the map of such Annexation No. 1 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.

Section 2. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax B”) sufficient to finance the IA2 Services that are in addition to those provided in the territory of the CFD prior to the annexation of Annexation No. 1 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax B and all other costs of the levy of the Special Tax B, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax B will be secured by recordation of a continuing lien against all real property in the proposed Annexation No. 1 and Improvement Area No. 2. The schedule of the rate and method of apportionment (the “IA2 RMA”) and manner of collection of the Special Tax B is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation No. 1 (being the addition of Improvement Area No. 2) will not result in any change to the special tax rates levied in the CFD for Improvement Area No. 1 which has its own rate and method of apportionment.

The Special Tax B is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and as described in the IA2 RMA and such Special Tax B is not levied on or based upon the value or ownership of real property.

The maximum Special Tax B applicable to a parcel, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax due to the issuance of a building permit, and such amount shall be increased over time by the greater of means, for each Fiscal Year, the consumer price index or two percent (2%) annually, as provided in the IA2 RMA.

Under no circumstances will the Special Tax B to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation No. 1 by more than 10 percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Upon recordation of a notice of special tax lien pursuant to Sections 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each

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levy of the special taxes shall attach to all nonexempt real property in the proposed Annexation No. 1, and that lien shall continue in force and effect until collection of the special taxes ceases.

Section 3. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments within Annexation No. 1 shall be exempt from the levy of the Special Tax B.

Section 4. A public hearing (the “Hearing”) on the annexation of Annexation No. 1 and the proposed rate and method of apportionment of the Special Tax B shall be held on November 7, 2022, at 6:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Calimesa, 908 Park Avenue, Calimesa, California 92320.

Section 5. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation No. 1 to the CFD or the levying of special taxes within the proposed Annexation No. 1 will be heard. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such Hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such Hearing. If written protests against either Annexation No. 1 are filed by (a) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing with the existing CFD, or (b) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within Improvement Area No. 2 to be annexed to the CFD, or (c) the owners of one-half (½) or more of the area of land included within the existing CFD, or (d) the owners of one-half (½) or more of Improvement Area No. 2 to be annexed to the CFD, the proceedings shall be abandoned for the annexation.

If said majority protest is limited to certain types of services or certain provisions of the special tax, those services or those provisions of the tax must be eliminated by the Council.

Section 6. Each City officer who is or will be responsible for Annexation No. 1, if annexed, is hereby directed to study the proposed Annexation No. 1, and, at or before the time of the above-mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of Annexation No. 1. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation No. 1, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to Annexation No. 1.

Section 7. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation No. 1. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax B, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax B shall be approved by the qualified electors of Annexation No. 1.

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Section 8. Pursuant to Section 53329.5 of the Act, the Council finds that the public interest will not be served by allowing the Developer to enter into a contract in accordance with subdivision (a) of that section, and that such Developer shall not be permitted to elect to perform the work and enter into a written contract with the City for the provision of the IA2 Services pursuant to said Section 53329.5.

Section 9. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation No. 1. Such Notice shall contain the text or summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation No. 1 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing.

Section 10. The voting procedures to be followed in conducting the special elections for each applicable annexation on the proposition with respect to the levy of special taxes on the land within such annexation to fund the IA2 Services (the “Election”), shall be as follows:
(a) If at least 12 persons have been registered to vote within the territory of the proposed Annexation No. 1 for each of the ninety (90) days preceding the close of the Hearing, the vote in the Election shall be by the registered voters of within Annexation No. 1 with each voter having one vote. In that event, the Elections shall be conducted by the City Clerk (the “Election Official”) and shall be held on a date selected by the Council in conformance with the provisions of Sections 53339.7 and 53326 of the Act and pursuant to the provisions of the Elections Code of the State of California governing elections of cities, insofar as they may be applicable, and pursuant to said Sections 53339.7 and 53326 the ballots for the Election shall be distributed to the qualified electors within Annexation No. 1 by mail with return postage prepaid, and the Election shall be conducted as a mail ballot election.
(b) If at the time of the close of the Hearing, and for at least the preceding ninety (90) days, less than 12 persons have been registered to vote within the territory of Annexation No. 1, and pursuant to Sections 53339.7 and 53326 of the Act, the vote is therefore to be by the landowners within Annexation No. 1 with each landowner of record at the close of the Hearing having one vote for each acre or portion of an acre of land that he or she owns within Annexation No. 1, each Election shall be conducted by the Election Official as follows:
(i) Each Election shall be held on the earliest date, following the Public Hearing and adoption of a resolution submitting the proposition of the levy of special taxes to fund the IA2 Services, upon which such Election can be held pursuant to said Section 53339.7 which may be selected by the Council, or such earlier date as the owners of land within Annexation No. 1, and the Election Official agree and concur is acceptable.
(ii) Pursuant to said Sections 53339.7 and 53326, each Election may be held earlier than ninety (90) days following the close of the Hearing if the qualified electors of Annexation No. 1 waive the time limits for conducting the elections set forth in said Sections 53339.7 and 53326 by unanimous written

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consent and the Election Official concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Sections 53339.7 and 53326, ballots for each Election shall be distributed to the qualified electors by the Election Official by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the Elections Code of the State of California governing the conduct of mail ballot elections of cities, and the City, the Election Official shall, among other things, mail or deliver or cause to be mailed or delivered to each qualified elector an official ballot in a form specified by the Council in the resolutions calling each Election, and a return identification envelope with prepaid postage thereon addressed to the Election Official for returning voted official ballots.
(v) The official ballot to be mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot. (vi) The return identification envelope mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Election Official. (vii) The instruction to voter form to be mailed or delivered by the Election Official to the landowner-voters shall inform them that the official ballots shall be returned to the Election Official properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of each Election which is specified by the Election Official for the receipt of ballots; provided that if all qualified voters have voted, each Election may be closed by the Election Official.
(viii) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of each Election, the Election Official shall canvass the votes cast in each Election, and shall file a statement with the Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

The procedures set forth in this section for conducting the Election, if held, may be modified as the Council may determine to be necessary or desirable.

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Section 11. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED this 3
rd day of October, 2022,

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:

QUINN BARROW, CITY ATTORNEY

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EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS)
IMPROVEMENT AREA NO. 2

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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September 23, 2022 A-1 Community Facilities District No. 2018-1, IA 2 (Summerwind Trails)
City of Calimesa
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS)
IMPROVEMENT AREA NO. 2

OF THE CITY OF CALIMESA

RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property (as defined below) within the boundaries of Improvement Area No. 2 (“IA No. 2”) of Community Facilities District No. 2018-1 (Summerwind Trails), (“CFD No. 2018-1”) of the City of Calimesa (“City”) and collected each Fiscal Year commencing in Fiscal Year 2022/2023 in an amount determined by the City Council (as defined below), through the application of this Rate and Method of Apportionment of the Special Tax to the extent and in the manner herein provided.

1. DEFINITIONS
“Acreage” or “Acre” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the expenses incurred by the City on behalf of IA No. 2 related to the determination of the amount of the levy of Annual Special Taxes; the collection of Annual Special Taxes including the expenses of collecting delinquencies; the payment of salaries and benefits of any employee of the City whose employment duties are directly related to the administration of IA No. 2; and the costs otherwise incurred in order to carry out authorized purposes of IA No. 2. “Annual Special Tax” means any Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel” means a parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number.
“Assessor’s Parcel Map” means an official map of the County designating parcels by Assessor’s Parcel number.
“Building Permit” means a building permit for the construction within CFD No. 2018- 1, IA No. 2 issued by the City, or another public agency in the event the City no longer

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issues building permits.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement for Services, for preparing the Annual Special Tax roll.
“CFD No. 2018-1” means Community Facilities District No. 2018-1 (Summerwind Trails) of the City.
“City” means the City of Calimesa, California.
“City Council” means the City Council of the City of Calimesa, acting as the legislative body of CFD No. 2018-1, or its designee.
“Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for “All Urban Consumers” in the Los Angeles-Long Beach-Anaheim Area, measured as of the month of April in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index that is reasonably comparable to the Consumer Price Index for the Los Angeles-Long Beach-Anaheim Area, as determined by the CFD Administrator. “County” means the County of Riverside, California.
“Developed Property” means for each Fiscal Year, all Assessor’s Parcels of Taxable Property, exclusive of Assessor’s Parcels of Provisional Undeveloped Property, for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. “Exempt Property” means Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 7.
“Fiscal Year” means the period starting on July 1 and ending the following June 30. “Improvement Area No. 2” or “IA No. 2” means Improvement Area No. 2 of CFD No. 2018-1, as identified on the boundary map for CFD No. 2018-1, IA No. 2, as in effect on the date of formation of IA No. 2, and as may thereafter be amended in accordance with the Act.
“Land Use Class” means any of the classes listed in Table 1 under Section 3 below. “Maximum Special Tax B” means the Maximum Special Tax B (Services), determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

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“Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax B, as applicable, per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term “Proportionately” may similarly be applied to other categories of Taxable Property as described in Section 3 below.
“Provisional Undeveloped Property” means all Assessor’s Parcels of property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 7, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 7.
“Services” means the services eligible to be funded by IA No. 2. This includes the repair, removal and replacement of all or part of an improvement. “Special Tax” means any special tax authorized to be levied within CFD No. 2018-1 pursuant to the Act and this Rate and Method of Apportionment. “Special Tax B” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within IA No. 2 to fund the Special Tax Requirement for Services.
“Special Tax Requirement for Services” means that amount required in any Fiscal Year to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the CFD Administrator; (iii) pay Administrative Expenses; (iv) less a credit for funds available to reduce the annual Special Tax B levy as determined by the CFD Administrator.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 2018-1, IA No. 2, which are not exempt from the levy of the Special Tax pursuant to law or Section 7 below.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property within the boundaries of IA No. 2 not classified as Developed Property or Provisional Undeveloped Property.

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2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2022/2023, each Assessor’s Parcel within the boundaries of IA No. 2 shall be classified as Taxable Property or Exempt Property.

In addition, all Taxable Property within IA No. 2 shall be classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections 3 and 4 below.

3. MAXIMUM SPECIAL TAX RATES
A. Special Tax B (Services)
i. Developed Property
The Maximum Special Tax B applicable to an Assessor’s Parcel of Developed Property for Fiscal Year 2022/2023 shall be $1,913 per Acre.

Each July 1 commencing July 1, 2023, the Maximum Special Tax B for Developed Property or Approved Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year.
ii. Undeveloped Property Maximum Special Tax B
The Maximum Special Tax B applicable to an Assessor’s Parcel of Undeveloped Property for Fiscal Year 2022/2023 shall be $1,913 per Acre.

Each July 1, commencing July 1, 2023, the Backup Special Tax B for Undeveloped Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year. iii. Provisional Undeveloped Property
The Maximum Special Tax B for Provisional Undeveloped Property for Fiscal Year 2022/2023 shall be $1,913 per Acre.

Each July 1, commencing July 1, 2023, the Maximum Special Tax B for Provisional Undeveloped Property shall be increased by the greater of (i) the most recent annual percentage change in the

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Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year.

4. METHOD OF APPORTIONMENT
A. Special Tax B (Services)
For each Fiscal Year, commencing Fiscal Year 2022/2023, the CFD Administrator shall calculate the Special Tax Requirement for Services and levy Special Tax B on all Taxable Property in accordance with the following steps:

Step 1: The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax B for Developed Property as necessary to satisfy the Special Tax Requirement for Services;
Step 2: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax B; Step 3: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first two steps have been completed, then the Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property at up to 100% of the Maximum Special Tax B for Provisional Undeveloped Property.

Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within IA No. 2, except for those Assessor’s Parcels of Developed Property whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within IA No. 2.

5. COLLECTON OF ANNUAL SPECIAL TAXES
Collection of the Annual Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Annual Special Tax, including direct billings thereof to the property owners.

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September 23, 2022 A-6 Community Facilities District No. 2018-1, IA 2 (Summerwind Trails)
City of Calimesa

6. TERM OF SPECIAL TAX
Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services.

7. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels owned by the State of California, Federal or other local governments, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization (iii) Assessor’s Parcels with public utility easement by the restriction, as determined reasonably by the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property in IA No. 2 to less than 159 Acres. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in IA No. 2 to less than 159 Acres shall be classified as Provisional Undeveloped Property and will continue to be subject to the Special Tax B accordingly.

Tax exempt status for this purpose of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property.

If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of this Section 7 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.

8. APPEALS
Any landowner who pays the Annual Special Tax and claims the amount of the Annual Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Annual Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Annual Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager, or designee of the City, appealing the amount of the Annual Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Annual Special Tax and any landowner appeals.

The decision of the City Manager or designee shall be final and binding as to all persons.

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74562931.5 A-1
RESOLUTION NO. 2022-57

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF

CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT
NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK

MAINTENANCE SERVICES), DECLARING ITS INTENTION TO ANNEX

PROPERTY INTO SAID DISTRICT AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 3
WHEREAS, the City Council (the “Council”) of the City of Calimesa (the “City”) has established the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the “Act”); and WHEREAS, the Council, acting as the legislative body of the CFD, has received one or more written petitions (the “Petition”) signed by the owner(s) of certain property (the “Developer”) requesting that the CFD institute proceedings for the annexation of its property into the CFD (the “Property”); and
WHEREAS, the Council has considered the advisability and necessity of instituting proceedings to annex the Property to the CFD under and pursuant to the terms and provisions of the Act, for the purpose of financing certain public services and maintenance authorized pursuant to the Act, including but not limited to law enforcement, fire, paramedic, and park maintenance services (the “Services”); and WHEREAS, the Council intends to finance the Services that are in addition to those provided within the Property prior to its annexation to the CFD and do not supplant services already available within such property, subject to the levy of a special tax to pay for the Services, being approved at an election to be held within the boundaries of said annexation, which are necessary to meet increased demands placed on the City as a result of the development of the Property; and
WHEREAS, pursuant to Section 53339 of the Act, having received such petition, it is appropriate for the Council to institute proceedings for the annexation of the Property to the CFD by adoption of a resolution of intention pursuant to Section 53339.3 and of the Act;
WHEREAS, the Council has determined pursuant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD upon its annexation;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY

OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW Attachment 8B

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ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), AS FOLLOWS:

Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation Area No. 3”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 3 – City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services)” which map indicates by a boundary line the extent of the territory included in Annexation Area No. 3 and shall govern for all details as to the extent of Annexation Area No. 3. On the original and one copy of the map of such Annexation Area No. 3 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.

Section 2. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance the Services that are in addition to those provided in the territory of the CFD prior to the annexation of Annexation Area No. 3 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed Annexation Area No. 3. The schedule of the rate and method of apportionment (the “RMA”) and manner of collection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 3 will not result in any change to the special tax rates levied in the CFD prior to such annexation.

The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and as described in the RMA and such Special Tax is not levied on or based upon the value or ownership of real property.

The maximum Special Tax applicable to a parcel, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because a building permit was issued, and such amount shall be increased over time by the greater of the consumer price index or two percent (2%) annually as provided in the RMA.

Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 3 by more than 10 percent above the amount that would have been levied in that fiscal year

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had there never been any such delinquencies or defaults. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Upon recordation of a notice of special tax lien pursuant to Sections 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special taxes shall attach to all nonexempt real property in the proposed Annexation Area No. 3, and that lien shall continue in force and effect until collection of the special taxes ceases.

Section 3. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments within Annexation Area No. 3 shall be exempt from the levy of the Special Tax.

Section 4. A public hearing (the “Hearing”) on the annexation of Annexation Area No. 3 and the proposed rate and method of apportionment of the Special Tax shall be held on November 7, 2022, at 6:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Calimesa, 908 Park Avenue, Calimesa, California 92320.

Section 5. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation Area No. 3 to the CFD or the levying of special taxes within the proposed Annexation Area No. 3 will be heard. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such Hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such Hearing. If written protests against either Annexation Area No. 3 are filed by (a) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing with the existing CFD, or (b) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within Property to be annexed to the CFD, or (c) the owners of one-half (½) or more of the area of land included within the existing CFD, or (d) the owners of one-half (½) or more of Property to be annexed to the CFD, the proceedings shall be abandoned for the annexation. If said majority protest is limited to certain types of services or certain provisions of the special tax, those services or those provisions of the tax must be eliminated by the Council.

Section 6. Each City officer who is or will be responsible for Annexation Area No. 3, if annexed, is hereby directed to study the proposed Annexation Area No. 3, and, at or before the time of the above-mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 3. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 3, determination of the amount of any special taxes, collection of

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any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to Annexation Area No. 3.

Section 7. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No. 3. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No. 3.

Section 9. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 3. Such Notice shall contain the text or summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 3 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing.

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Annexation Area No. 3, and pursuant to Sections 53339.7 and 53326 of the Act, the vote is therefore to be by the landowners within Annexation Area No. 3 with each landowner of record at the close of the Hearing having one vote for each acre or portion of an acre of land that he or she owns within Annexation Area No. 3, each Election shall be conducted by the Election Official as follows:
(i) Each Election shall be held on the earliest date, following the Public Hearing and adoption of a resolution submitting the proposition of the levy of special taxes to fund the Services, upon which such Election can be held pursuant to said Section 53339.7 which may be selected by the Council, or such earlier date as the owners of land within Annexation Area No. 3, and the Election Official agree and concur is acceptable.
(ii) Pursuant to said Sections 53339.7 and 53326, each Election may be held earlier than ninety (90) days following the close of the Hearing if the qualified electors of Annexation Area No. 3 waive the time limits for conducting the elections set forth in said Sections 53339.7 and 53326 by unanimous written consent and the Election Official concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Sections 53339.7 and 53326, ballots for each Election shall be distributed to the qualified electors by the Election Official by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the Elections Code of the State of California governing the conduct of mail ballot elections of cities, and the City, the Election Official shall, among other things, mail or deliver or cause to be mailed or delivered to each qualified elector an official ballot in a form specified by the Council in the resolutions calling each Election, and a return identification envelope with prepaid postage thereon addressed to the Election Official for returning voted official ballots.
(v) The official ballot to be mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot. (vi) The return identification envelope mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and

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is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Election Official. (vii) The instruction to voter form to be mailed or delivered by the Election Official to the landowner-voters shall inform them that the official ballots shall be returned to the Election Official properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of each Election which is specified by the Election Official for the receipt of ballots; provided that if all qualified voters have voted, each Election may be closed by the Election Official.
(viii) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of each Election, the Election Official shall canvass the votes cast in each Election, and shall file a statement with the Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

The procedures set forth in this section for conducting the Election, if held, may be modified as the Council may determine to be necessary or desirable.

Section 11. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED this 3
rd day of October 2022,

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:

QUINN BARROW, CITY ATTORNEY

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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CITY OF CALIMESA

PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND

PARK MAINTENANCE SERVICES)

RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (“CFD No. 1”) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.

1. Definitions
“Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer CFD No. 1 as determined by the City.
“Annual Cost(s)” means for each Fiscal Year, the total of 1) the estimated cost of Services as determined by the City; 2) Administrative Expenses, and 3) any amounts needed to cure actual or projected delinquencies in Special Taxes for the current or previous Fiscal Year.
“Annual Tax Escalation Factor” means an increase in the Maximum Special Tax each year following the Base Year in an amount not to exceed the greater of Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year or two percent (2%) annually. “Assessor” means the Assessor of the County of Riverside.

City of Calimesa 1 Public Services
Community Facilities District No. 1

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“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Parcel Number(s).
“Assessor's Parcel Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2007.
“CFD No. 1” means the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance). “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Costs and preparing the annual Special Tax roll. “City” means the City of Calimesa, California.
“City Council” means the City Council of the City of Calimesa which acts for CFD No. 1 under the Act.
“County” means the County of Riverside, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2006- 2007, each Assessor’s Parcel, for which a building permit for new construction was issued, prior to May 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property. Exempt Property is not subject to the Special Tax. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Table 1 under Section 3 below. “Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Multi-Family” means all Residential Property for which a building permit has been issued for attached residential units or manufactured home for which an Assessor’s Parcel Number is not assigned.
“Non-Residential Property” means all Developed Property for which a building permit(s) was issued for a non-residential use.
“Public Property” means any property within the boundaries of CFD No. 1, the ownership of which is transferred to a public agency of CFD No. 1, and is used for rightsof-way or any other purpose and is owned by, or irrevocably offered for dedication to the City of Calimesa 2 Public Services
Community Facilities District No. 1

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federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
“Services” means services, including 1) police protection services, 2) fire protection/paramedic services, and 3) park maintenance services that are in addition to those services that were provided within the boundaries of CFD 1 at the time of formation of CFD 1.
“Single-Family” means all Residential Property for which a building permit has been issued for single family detached residential development or manufactured home for which an Assessor’s Parcel Number is assigned.
“Special Tax” means any special tax authorized to be levied within CFD No. 1 pursuant to the Act and this Rate and Method of Apportionment.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD 1 that are classified as Residential Property or Non-Residential Property.

2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 1 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as Residential Property or NonResidential Property. Each Assessor’s Parcel of Residential Property shall be further classified as either a Single-Family or a Multi-Family .

City of Calimesa 3 Public Services
Community Facilities District No. 1

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3. Maximum Special Tax Rates
Table 1
Fiscal Year 2006/2007
Maximum Special Tax Rates
Land Use
Class Description
Maximum
Special Tax
1 Residential Property
Single-Family $429.65 per Unit
2 Residential Property
Multi-Family $322.24 per Unit
3 Non-Residential Property $2,148.27 per Acre
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.

Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2006/2007, the CFD Administrator shall determine the Annual Costs and calculate the Special Tax so that the amount of Special Taxes equals the Annual Costs. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:

First: Calculate the available Special Tax revenues by setting the Special Tax on each Assessor’s Parcel of Taxable Property at 100% of its Maximum Special Tax. If revenues are greater than the Annual Costs, then reduce the Special Tax City of Calimesa 4 Public Services
Community Facilities District No. 1

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proportionately against all Assessor’s Parcels until the tax levy is set at an amount sufficient to cover the Annual Costs.

Second: Levy on each Assessor’s Parcel of Taxable Property the amount calculated above. No Special Tax shall be levied on Exempt Property.

The City shall make every effort to correctly assign the number of taxable units and calculate the Special Tax for each Assessor’s Parcel.

5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.

6. Administrative Changes and Appeals
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.

Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 1.

7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by the City Council.

City of Calimesa 5 Public Services
Community Facilities District No. 1

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City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: CONTINUED PUBLIC HEARING – ZONING TEXT AMENDMENT (ZTA) 22-03 TO AMEND THE 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: October 3, 2022
PREPARED BY: Ryan Murphy, Contract Planner
Kelly Lucia, Planning Manager
RECOMMENDATION: That the City Council open the continued public hearing and;

1. Introduce for First Reading by title only Ordinance No. 384 amending Calimesa Municipal Code Table 18.25.030 to conditionally allow telecommunications facilities in the Neighborhood Commercial (“CN”) Zone, and amending Calimesa Municipal Code Table 18.30.030 to conditionally allow telecommunication facilities in Light Industrial (“LI”) and Business Park (“BP”) Zones; and

2. Find the Ordinance categorically exempt in accordance with State CEQA Guidelines Section 15061(b)(3).

BACKGROUND: 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. The City of Calimesa Land Use and Zoning Map is attached as Attachment A for your convenience.

DISCUSSION/ANALYSIS: On September 27, 2018, the Federal Communications Commission (“FCC”) commenced issuance of a series of new rulemaking decisions/regulations that significantly limit state and local management of wireless telecommunications installations. The Telecommunications Act, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location, siting and aesthetics, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may

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not regulate based on environmental impacts from radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.

In February of this year, T-Mobile, a corporation that provides wireless communications services provider, inquired about the application procedures to establish and operate a wireless communications facility on a parcel within the Neighborhood Commercial (“CN”) zoning district.

Upon review of the Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code, it was discovered that wireless communications facilities were not permitted within the CN Zone. Prior to this T-Mobile inquiry and in the time since the inquiry, additional wireless communications service providers and various consultants working under the direction of these providers have contacted Planning Division staff to inquire about the application procedures to establish and operate wireless communication facilities within other zoning districts where they are currently not permitted in the City, such as the Light Industrial (“LI”) and Business Park (“BP”) Zones.

In response to these recently adopted FCC regulations and repeated inquiries by wireless communications service providers, the Planning Division is proposing amendments to the Zoning Code. These changes will allow wireless communications facilities within the Neighborhood Commercial (“CN”), Light Industrial (“LI”) and Business Park (“BP”) zoning districts with a conditional use permit in accordance with the procedures established in Calimesa Municipal Code Section

18.15.050 (Conditional use permits). This is the same procedure currently required in other zones in the immediate vicinity and within City limits, and allows the Planning Commission to review the location, siting and aesthetics of wireless communications facilities and ensure that the project or use will not have an adverse effect on the surrounding areas.

A list of all of the proposed Zoning Code changes is detailed in the itemized list below. In addition, attached is the draft Ordinance (Ordinance No. 384) identifying the new and/or modified text within the Zoning Code. All text that has a strikethrough, such as; Ministerially, is to be deleted and all text that is shaded, such as; residential use, is new text to supplement or add to the existing Zoning Code.

Chapter 18.25 – Commercial Zone Districts
- Revise Table 18.25.030 (Uses Permitted Within Commercial Districts) to conditionally permit wireless communication facilities within the Neighborhood Commercial (“CN”) Zone.

Chapter 18.30 – Industrial Zone Districts
- Modify Table 18.30.030 (Uses Permitted Within Industrial Districts) to add wireless communication facilities to the table, and conditionally permit such wireless communication facilities within the Light Industrial (“LI”) and Business Park (“BP”) Zones.

ENVIRONMENTAL ANALYSIS:

California Environmental Quality Act (CEQA)
In accordance with the requirements of the California Environmental Quality Act (CEQA), the Planning staff has analyzed the proposed Zone Text Amendment and determined that it is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Project is covered by the general rule that CEQA applies only to Projects, which have the potential for causing a significant effect on the environment. The Project only amends certain language within the Calimesa Municipal Code and modifies various allowable uses. Any future project will be required

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to undergo an environmental assessment and separate review to identify and mitigate any potential impacts. Therefore, the Project of and by itself does not result in any physical changes in the environment.

FISCAL IMPACT: There is no fiscal impact associated with this action.

ATTACHMENTS:

Attachment A: City of Calimesa Land Use and Zoning Map
Attachment B: Planning Commission Resolution 2022-08
Attachment C: Ordinance No. 384

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Attachment 9A
Calimesa Land Use and Zoning Map

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Attachment 9B

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ORDINANCE NO. 384

AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2022-03, AMENDING 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; AND

FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15061(B)(3)
WHEREAS, the City conditionally permits the construction and operation of wireless communication facilities subject to certain standards and regulations enumerated in Title 18 (Zoning, Land Use and Development Regulations) (“Zoning Code”) of the Calimesa Municipal Code; and
WHEREAS, on September 27, 2018, the Federal Communications Commission (“FCC”) commenced issuance of a series of new rulemaking decisions/regulations that significantly limit state and local management of wireless telecommunications installations. The Telecommunications Act, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location, siting and aesthetics, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions; and
WHEREAS, Calimesa Municipal Code Table 18.25.030 – Uses Permitted Within Commercial Districts designates “Wireless Communication Facilities as “X – Prohibited” in the Neighborhood Commercial (CN) zoning district; and,
WHEREAS, Calimesa Municipal Code Table 18.30.030 – Uses Permitted Within Industrial Districts designates “Wireless Communication Facilities as “X – Prohibited” in the Light Industrial (LI) and Business Park (BP) zoning district; and, WHEREAS, the City’s ongoing commercial and residential development projects are inducing population growth and increasing local demand for telecommunications facilities Citywide, including in the Neighborhood Commercial (CN), the Light Industrial (LI) and Business Park (BP) zoning districts; and,
WHEREAS, adoption of this Ordinance will further align the City’s Zoning Code with goals and policies of the City’s General Plan by reducing land use restrictions on infrastructure siting for wireless communication facilities in non-residential areas to better serve new and existing residential, commercial and industrial development while balancing the benefits of advanced wireless service with the City’s local values; and
Attachment 9C

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WHEREAS, on August 11, 2022, during a duly noticed public hearing, the Planning Commission adopted Resolution 2022-08 recommending to the City Council the adoption of Ordinance 384 approving a CEQA Exemption and Zoning Text Amendment 22-03; and, WHEREAS, on August 26, 2022, the City gave public notice as required under Chapter

18.15.080 (Hearings and Appeals) of the Zoning Code, of the Calimesa Municipal Code by advertising in the News Mirror newspaper of the holding of a public hearing at which the CEQA Exemption and Zoning Text Amendment would be considered; and, WHEREAS, on the 19th day of September, 2022, the City Council held a duly noticed public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed amendments, and at which time the City Council considered the CEQA Exemption and Zoning Text Amendment 2022-03.

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

Section 1. The above recitals are all true and correct.

Section 2. The City Council has reviewed and considered the information included in the General Plan, Zoning Code and Staff Report for the Public Hearing and public testimony prior to taking action on the proposed Ordinance. This information is on file and available at the Community Development Department at Calimesa City Hall.

Section 3. The City Council finds that the proposed Ordinance is consistent with the goals and policies of the General Plan and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Applicable General Plan goals are identified below with a description of how the amendments to the Zoning Code relating to wireless communication facilities further the goals of the General Plan:

1. GOAL IPS-5: Plan and provide adequate infrastructure for all new development, including but not limited to, integrated infrastructure planning, financing, and implementation. The proposed Ordinance plans and provides adequate infrastructure for all new development, by reducing land use restrictions on infrastructure siting for wireless communication facilities in non-residential areas to better serve new and existing residential, commercial and industrial development.

2. GOAL LU-4: Commercial and industrial development that serves the needs of Calimesa and the surrounding area, provides local job opportunities, and creates a greater job/housing balance. The proposed Ordinance provides for the needs of Calimesa and the surrounding area, as reliable internet services are becoming increasingly important for residents, first responders and business as technology improves and data-intensive applications become more commonplace.

3. GOAL SUS-8: Support commercial development that serves local and regional needs.

The proposed Ordinance supports commercial development that serves local and regional needs, as it enhances the ability for wireless providers to propose new facilities that service the needs of the community, and the region, as Calimesa is located along Interstate 10, which is a critical freight and transportation route for the United States.

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4. POLICY LU-30: Existing businesses shall be supported by providing investment in public infrastructure and attracting additional business and businesses and people to the corridor. The proposed Ordinance provides investment in public infrastructure by expanding areas in which wireless providers, which the Federal Communications Commission has identified as public utilities under Public Utilities Code Sections 216, 233 and 234, can propose to establish wireless communication facilities and provide fast reliable wireless communication service to the Downtown Business Corridor.

Section 4. The City Council has independently reviewed and considered the requirements of the California Environmental Quality Act (“CEQA”) and finds and determines that the adoption of Ordinance 384 and Zoning Text Amendment 22-03 is exempt pursuant to California Environmental Quality Act (CEQA). The project is exempt from CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The project only amends certain language within the Calimesa Municipal Code and modifies various allowable uses to harmonize the Calimesa Municipal Code with recently adopted regulations by the Federal Communications Commission. Any future project will be required to undergo an environmental assessment to identify and mitigate any potential impacts. Therefore, the project of and by itself does not result in any physical changes in the environment.

Section 5. Table 18.25.030 (Uses Permitted Within Commercial Districts) set forth in Section 18.25.030 (Use regulations for commercial districts) of Chapter 18.25 (Commercial Zone Districts) of Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code, is hereby amended as follows, with all other uses and activities listed in Table

18.25.030 to remain the same (additions highlighted; deletions marked by strike-throughs):
“Table 18.25.030 – Uses Permitted Within Commercial Districts Use
Neighborhood
Commercial
(CN)
Community
Commercial
(CC)
Regional
Commercial
(CR)
Office
Professional
(OP)
Wireless Communication Facilities X C C C C”
Section 6. Table 18.30.030 (Uses Permitted Within Industrial Districts), set forth in Section 18.30.030 (Use regulations for industrial districts) of Chapter 18.30 (Industrial Zone Districts) of Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code, is hereby amended as follows, with all other uses and activities listed in Table

18.30.030 to remain the same (additions highlighted):
“Table 18.30.030 – Uses Permitted Within Industrial Districts Use
Light Industrial
(LI)
Business Park
(BP)
E. Public/Quasi-Public Uses
Wireless Communication Facilities C C”

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Section 7. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law.

INTRODUCED AND APPROVED UPON FIRST READING this 3
rd day of October, 2022,
upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED UPON SECOND READING this 17th day of October, 2022, upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________

QUINN BARROW CITY ATTORNEY

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City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: PUBLIC HEARING: PROPOSED ROBERTS ROAD (FROM JUST

NORTH OF FOX GLOVE DRIVE TO SOUTH SINGLETON ROAD)

TEMPORARY STREET CLOSURE
MEETING DATE: October 3, 2022
PREPARED BY: Michael Thornton, City Engineer
RECOMMENDATION: That the City Council adopt Resolution 2022-58 authorizing the temporary closure of Roberts Road between just north Fox Glove Drive to just south of Singleton Road BACKGROUND: In accordance with the State Vehicle Code, Chapter 1. Obedience to and Effect of Traffic Laws [21000 - 21300], Article 3. Local Regulations, Section 21101, local authorities, such as Calimesa, may adopt rules and regulations by resolution for highways under their jurisdiction, based on the following matters: Closing any highway to vehicular traffic when, in the opinion of the legislative body, the closure is in the interests of public safety.

Vehicle Code Section 21101.4 provides, where relevant:
(a) A local authority may, by ordinance or resolution, adopt rules and regulations for temporarily closing to through traffic a highway under its jurisdiction when all of the following conditions are, after a public hearing, found to exist:
(1) The local authority finds and determines that, based upon the recommendation of the police department one of the following concerns exists along the portion of highway recommended for closure:
(A) Serious and continual criminal activity.
(B) Serious and continual illegal dumping.
(2) The highway is not designated as a through highway or arterial street, or, if the highway is so designated, the local authority, in conjunction with law enforcement and traffic engineers, has determined that a temporary closure may be accomplished without significant impact on the normal flow of traffic. (3) Vehicular or pedestrian traffic on the highway contributes to the concern described in paragraph (1).

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(4) The closure will not substantially adversely affect traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway proposed to be temporarily closed.

Roberts Road closure from just north of Fox Glove Drive to just south of Singleton Road meets the Vehicle Code criteria and the City is complying with the closure approval process. Roadway conditions, crimes, and illegal dumping issues have become public safety concerns. The roadway pavement is in poor to very poor conditions – pavement along the roadway at drainage crossing is almost nonexistent. No streetlights exist along Roberts Road. The City’s Fire Department has responded to at least 3 fires in the area. Finally, illegal dumping has been rapidly increasing in the area. The closure will prevent use of the unsafe roadway, protect the public safety, and inhibit illegal dumping that endangers the public health.

The closure consists of k-rail, fencing and access gates at both the north and south ends of the closure on the specified section Roberts Road. Access gates will permit property owner access and public safety access. These facilities would be located north of Fox Glove Drive and immediately south of Singleton Road. Both entrances will be posted with appropriate signage.

FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Resolution 2022-58
Attachment B: Detour Exhibit

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RESOLUTION NO. 2022-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA,

CALIFORNIA, AUTHORIZING THE TEMPORARY CLOSURE OF A

PORTION OF ROBERTS ROAD FROM JUST NORTH OF FOX GLOVE

DRIVE TO JUST SOUTH OF SINGLETON ROAD
WHEREAS, California Vehicle Code Section 21101.4 allows local jurisdictions to close a roadway if the closure is in the interests of public safety and the following conditions and requirements are met: (1) The local authority finds and determines that, based upon the recommendation of the police department one of the following concerns exists along the portion of highway recommended for closure:
(A) Serious and continual criminal activity; or
(B) Serious and continual illegal dumping.
(2) The highway is not designated as a through highway or arterial street, or, if the highway is so designated, the local authority, in conjunction with law enforcement and traffic engineers, has determined that a temporary closure may be accomplished without significant impact on the normal flow of traffic. (3) Vehicular or pedestrian traffic on the highway contributes to the concern described in paragraph (1) above.
(4) The closure will not substantially adversely affect traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway proposed to be temporarily closed;
WHEREAS, The pavement on Roberts Road (also known as Old Roberts Road) is in poor to very poor conditions – pavement along the roadway at drainage crossing is almost nonexistent, which creates a danger to vehicles and pedestrians; WHEREAS, No streetlights exist along Roberts Road;
WHEREAS, The City has received reports of criminal activity on the street; WHEREAS, The City’s fire department has responded to at least 3 fires in the area; WHEREAS, Illegal dumping has been rapidly increasing on the street; and WHEREAS, Roberts Road closure from just north of Fox Glove Drive to just south of Singleton Road meets the above Vehicle Code criteria and the City is fully complying with the state-mandated closure approval process.

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

Attachment 10A

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Section 1. The above recitals are true and correct and hereby incorporated by this reference.

Section 2. Based upon the foregoing recitals, the recommendation of the Calimesa Police Department, and the aforementioned serious and continual illegal dumping and criminal activity, the City Council of Calimesa hereby temporarily closes Roberts Road between just north of Fox Glove Drive and just south of Singleton Road in the City of Calimesa, in the area shown on the attached map which is hereby incorporated by this reference.

Section 3. The City Council also finds that the closure does not substantially adversely affect traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway proposed to be temporarily closed.

Section 4. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 3
rd day of October 2022.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK

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City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: REQUEST FOR PARTNERSHIP – CHAMBER OF COMMERCE

FOR CALIMESA CHRISTMAS PARADE
MEETING DATE: October 3, 2022
PREPARED BY: Bonnie Johnson, City Manager
RECOMMENDATION: That the City Council approve the request by the Calimesa Chamber of Commerce for partnership with the City (including a fee waiver) for the Annual Calimesa Christmas Parade. Total fee waiver is estimated at $2,520.

BACKGROUND AND DISCUSSION: As you are aware, the 1st Annual Calimesa Parade was held on December 17, 2016 and was a great success. Not only were there many participants in the Parade, but it was also well attended by the public. The event planning was led by the Chamber of Commerce with the City providing significant participation and coordination. This event has been held annually since that time (exception: 2019 cancelled due to weather and 2020 cancelled due to pandemic) and the City has always participated through staff participation and waiver of any applicable fees and facilitation of temporary road closures for the parade route.

The Chamber of Commerce is once again requesting partnership with the City as they plan for the 2022 parade to be held the evening of December 3, 2022. Partnership would include staff participation/coordination and temporary road closures as well as a waiver of any applicable City fees. The fees will consist of attendance at planning meetings, a Temporary Event Permit (TEP) and staff overtime to open and close the streets in and around the parade route. The estimated cost is projected to be $2,520.

FISCAL IMPACT: The impact of fee waiver is estimated to be $2,520. However, based upon actual staff time, the ultimate cost may vary. If a waiver is granted, all costs would be absorbed by the City’s General Fund.

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City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: REVIEW AND CONSIDERATION OF THE SELECTION OF A PARK NAME FOR THE APPROXIMATELY 6-ACRE PARK LOCATED
WITHIN PHASE 1 OF THE SUMMERWIND TRAILS

DEVELOPMENT
MEETING DATE: October 3, 2022
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council review and consider the list of names as recommended by the Parks, Trails, and Community Services Commission, as well as the additional names received as a result of the community survey completed through the City’s website, and then do one of the following:

1. Select a name from the list submitted as a result of the Community Survey, or

2. Select a name of the City Council’s choosing, or

3. Make no selection and provide direction to staff.

BACKGROUND/DISCUSSION: The Summerwind Ranch at Oak Valley Specific Plan (Amendment 3) provides for up to 3,841 residential units, three potential school sites, approximately 130 acres of business park, approximately 130 acres of commercial/retail development, 89 acres of parks, and 1,404 acres of open space. The first phase of residential development within the specific plan is referred to as the “Summerwind Trails” project consists of the following:
• 633 single family homes
• A 20-acre school site for kindergarten through eighth grade (K-8) • A loop paseo/trail system with mile markers and trailheads • Approximately 96 acres of open space
• An approximately six-acre public park (subject park)
On January 11, 2021, the Planning Commission and Parks, Trails, and Community Services Commission conducted a joint workshop to discuss the proposed design of the park. After receiving feedback from the commissions, the developer (JEN SoCal 1, LLC) finalized the park design.

Please see Attachment A for the final design.

On September 7, 2022, the Parks, Trails, and Community Services Commission conducted a workshop to discuss possible names for the new City Park. The Chairman of the Commission

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presented the proposed name “Oak Grove Community Park” during the City Council meeting on September 19, 2022. Council expressed their satisfaction with the name but preferred that the community be involved. Staff was directed to solicit feedback from the City’s residents and return to the next council meeting for a decision.

On September 21, 2022, staff created a form and uploaded it to the city website for the community to pick from a list of suggested names or to provide their own suggestion. The link to the form was also provided on the City’s social media accounts. Staff received input until September 27, 2022.

Results from the online feedback are provided as a list in Attachment B. As expected, some forms were filled out in a joking manner. Any of these names were omitted from the list.

Please note, the City Council may choose or modify any names from this list or propose a different name altogether.

FISCAL IMPACT: There is no fiscal impact associated with naming the park.

ATTACHMENTS:

Attachment A: Approved Summerwind Park Concept
Attachment B: Results from Community Feedback

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Attachment 12A

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Summerwind Park Name Survey Results
A total of 150 entries were submitted
Name Suggestion Votes received
Summerwind Park 73
Engelmann Park 5
Willow Park 8
Oak Grove Community Park 14
Stagecoach Trail Park 3
Trail Head Park 6
Submissions on additional park name suggestions
Name Suggestion Explanation of name choice
Engelmann Oak Park For the oaks native to the area
Highlands Community Park The highest point in Summerwind Rattler Park Due to all the rattle snakes in the area
Calimesa Latitude 34 Park The name is derived from the geographical latitude location
Grizzly Park • Received two votes

1. The Summerwind school mascot is a
grizzly bear – (submitted by a
student of the school)

2. Goes with the theme of
Summerwind trails school “home of
the bears” across the street
Serranos Cahuilla Community Park For the two tribes of natives that were originally from the area
Saahatpa Community Park • Received two votes
They (Natives) came Northeast of San
Timoteo Canyon, and settled in the area in
1851-1863 which is now modern-day
Calimesa
Serenity Park • Received two votes

1. Given the location and the view
serenity came to mind
Attachment 12B

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2. Calimesa is a quite little town. It just
fits
Mesa Park Just split the Calimesa
Lockwood Park Historical Family
Coyote Sunset Park Seen a lot of coyotes on the trail and the sunsets are amazing
Wind Summer Park A change up
Trailblazer Park Because its across from the Summerwind trails elementary and the mascot is
trailblazers
Coyote Trail Park N/A
Cansler Park After local man (Yucaipa) who died
heroically by saving a woman and small
child from an attack
Summer Trails Park Combo of Summerwind Trails and Trail Head
Windmill Park Windmills remind me of our city
Friendship Park Calimesa is a friendly town
Hawk Park Because there are so many Hawks in the
area
Yumesa Yumesa was almost the city name for
Calimesa when they were voting on names
Mission Park The historical significance of the city being on the route of the first Spanish settlers as
they traveled for their missions
Mountain Overlook Because of its location, it overlooks the mountains
Calimesa’s Field of Dreams Park Our young generation needs dreams, and this park will represent that dream to be
someone great
Mesa Valley Park Incorporating the names of surrounding cities into the name of the park
Coyote Park For the many coyotes in the area
Hometown Hero Park Honoring our hometown hero veterans
past, present and future
Patriot Park To honor those who have served and are
serving our country, and for all the patriots
at home
Greenwave Park In a beige suburban landscape, a green
wave washes over the landscape
Primavera Park It means spring in Spanish and has a ring to it

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City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: AN ORDINANCE AND AN URGENCY ORDINANCE OF THE CITY OF

CALIMESA REGARDING STORAGE OF VEHICLES IN THE PUBLIC

RIGHT-OF-WAY, AMENDING THE CALIMESA MUNICIPAL CODE

REGARDING THE SAME, AND APPROVING CALIFORNIA

ENVIRONMENTAL QUALITY ACT EXEMPTIONS
MEETING DATE: October 3, 2022
PREPARED BY: Bonnie Johnson, City Manager
Quinn Barrow, City Attorney
Margaret Monson, Director of Public Works
RECOMMENDATION: That the City Council take the following actions:

BACKGROUND AND DISCUSSION:

A. Introduction - The City staff have been encountering stored and abandoned vehicles in the City right of way. The Sheriff’s Department is unable to remove vehicles without an ordinance in place governing the same. Public Works staff reviewed adjacent cities ordinances and have included the language herein. The Sheriff’s Department has reviewed and concurs on the necessity of the language.

Staff from the Public Works Department and the City Attorney’s Office have prepared the attached urgency ordinance and regular (non-urgency) ordinance to be adopted to regulate the storage of vehicles in the public right-of-way. These documents are intended to assure the City is prepared to deal with storage and abandoned vehicles in the public right-of-way. The proposed ordinances are attached (Attachments A and B). The following is a summary of each ordinance.

B. Urgency Ordinance (Attachment A) - Ordinarily, to adopt an ordinance the City Council must approve introduction of the ordinance at a first meeting, and then adopt it at a second reading.

Additionally, once adopted, the ordinance normally will not become effective for 30 days. Using that procedure to adopt the attached ordinance would mean that it would not become effective until midPage 131 of 188 October 2022. Staff has concluded that it is legally and operationally important for the City to have local vehicle storage regulations in place prior to October 2022.

Government Code Section 36937(b) authorizes a city council to adopt at a single meeting an “urgency” ordinance that will take effect immediately, in cases where the council makes findings that it is required “for the immediate preservation of the public peace, health or safety” and the ordinance is passed by a four-fifths (4/5) vote of the city council. Staff is recommending that the Council adopt the attached ordinance as an urgency ordinance pursuant to this statute. The proposed ordinance contains findings of fact setting forth why an urgency ordinance is necessary, and if adopted by a four-fifths (4/5) vote of the City Council, the ordinance will go into effect immediately.

The City currently regulates vehicles and traffic within the public rights-of-way pursuant to Sections

10.10.010 through 10.30.040 of Title 10 (Vehicles and Traffic) of the Municipal Code.

The Urgency Ordinance (Attachment A) would adopt the following amendments to the Calimesa Municipal Code. Specifically, this Ordinance would add a new Section 10.16.010 (Use of Streets for Storage of Vehicles) with the following regulations:

1. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

2. In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy-two (72) hours, any authorized member of the police department may remove such vehicle from the street in the manner and subject to the requirements of the Vehicle Code of the state.

3. Whenever a peace officer or designated employee of the city suspects that a vehicle is in violation of this section, the peace officer or designated employee shall post a notice on the vehicle stating that the vehicle must be removed within seventy-two (72) hours of said notice, and if not removed by the date and time indicated on the notice, it will be removed at the owner's expense. The costs of such impoundment, towing and storage shall be charged to the owner of the vehicle and to the operator who committed the violation, if different from the owner of the vehicle.

4. For the purposes of this section, a parked or standing vehicle violates this section when the vehicle remains more than seventy-two (72) consecutive hours within two hundred (200) feet of any location where the peace officer or designated employee first posted or cited the vehicle. In investigating whether a vehicle is in violation of this section, the peace officer or designated employee shall consider the totality of the circumstances, including, but not limited to, tire markings, eyewitness account, dirt and debris, vegetation, vehicle condition, photographic evidence and odometer recordings.

C. Regular (Non-urgency) Ordinance (Attachment B) - The attached regular (non-urgency) Ordinance would make the same amendments to the Calimesa Municipal Code, but requires introduction at an initial meeting, and then adoption of the ordinance at a second meeting. Once adopted, this ordinance will not become effective for 30 days.

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D. Conclusion - The adoption of the proposed ordinances will allow the City law enforcement to cause the removal of stored and abandoned vehicles in the right of way immediately, removing the risk to the health and safety of the public.

ENVIRONMENTAL: The proposed ordinances have been reviewed with respect to the applicability of the California Environmental Quality Act of 1970 (CEQA), and the State CEQA Guidelines, and staff recommends that the City Council find that neither ordinance constitutes a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations of vehicle parking imposed under these ordinances will result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15378 because they have no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. Staff also recommends that the City Council finds that even if the proposed ordinances comprise a project for CEQA analysis, they fall within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” FISCAL IMPACT: Adoption of the proposed ordinances will have a minor fiscal impact on the City for costs related to, among other things, printing ticket books for use by the Sheriff’s Department.

ATTACHMENTS:

Attachment A: Ordinance 383-U, an Urgency Ordinance of the City of Calimesa regarding Use of Streets for Storage of Vehicles in the Public Rights-of-Way, Amending the Calimesa Municipal Code regarding the Same, Declaring the Urgency and Immediate Effectiveness Thereof pursuant to Government Code Sections 36934 and 36937, and Approving California Environmental Quality Act Exemptions.

Attachment B: Ordinance 383, an Ordinance of the City of Calimesa regarding Use of Streets for Storage of Vehicles in the Public Rights-of-Way, Amending the Calimesa Municipal Code regarding the Same, and Approving California Environmental Quality Act Exemptions.

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ORDINANCE NO. 383-U

AN URGENCY ORDINANCE OF THE CITY OF CALIMESA

REGARDING USE OF STREETS FOR STORAGE OF VEHICLES IN

THE PUBLIC RIGHTS-OF-WAY, AMENDING THE CALIMESA

MUNICIPAL CODE REGARDING THE SAME, DECLARING THE

URGENCY AND IMMEDIATE EFFECTIVENESS THEREOF
PURSUANT TO GOVERNMENT CODE SECTIONS 36934 AND
36937, AND APPROVING CALIFORNIA ENVIRONMENTAL

QUALITY ACT EXEMPTIONS
THE CITY COUNCIL OF THE CITY OF CALIMESA ORDAINS AS FOLLOWS:

Section 1. Findings:

A. The City of Calimesa has no adopted Ordinance regulating the storage of vehicles in the public rights-of-way.

B. The Sheriff’s Department cannot remove stored or abandoned vehicles without a city ordinance in place.

C. Riverside County and incorporated cities within the County have existing ordinances in place to regulate the use of public rights of way prohibiting the storage of vehicles.

D. The City currently regulates vehicles and traffic within the public rights-of-way pursuant to Sections 10.05.010 through 10.30.040 of Title 10 (Vehicles and Traffic) of the Municipal Code.

E. It is the intent of the City Council in adopting this Urgency Ordinance to immediately implement Chapter 10.16.010 of Title 10 of the Code, to supersede all other ordinances and regulations of the City that conflict with the Report and Order, and to establish consistent regulations governing use of streets for storage of vehicles in order to more fully protect the public health, safety, and welfare.

Section 2. A new Section 10.16.010 is hereby added to Title 10 (Vehicles and Traffic) of the Calimesa Municipal Code to read as follows:
“10.16.010 Use of streets for storage of vehicles.

A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

B. In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy-two (72) hours, any authorized member of the police department may remove such vehicle from the street in the manner and subject to the requirements of the Vehicle Code of the state.

C. Whenever a peace officer or designated employee of the city suspects that a vehicle is in violation of this section, the peace officer or designated employee shall post a notice on the vehicle stating that the vehicle must be removed within seventy-two (72) hours of said notice, and if not removed by the date and time indicated on the notice, it will be removed at the owner's expense. The costs of such impoundment, towing and storage shall be charged to the owner of Attachment 13A

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the vehicle and to the operator who committed the violation, if different from the owner of the vehicle.

D. For the purposes of this section, a parked or standing vehicle violates this section when the vehicle remains more than seventy-two (72) consecutive hours within two hundred (200) feet of any location where the peace officer or designated employee first posted or cited the vehicle. In investigating whether a vehicle is in violation of this section, the peace officer or designated employee shall consider the totality of the circumstances, including, but not limited to, tire markings, eyewitness account, dirt and debris, vegetation, vehicle condition, photographic evidence and odometer recordings.”
Section 3. Conflicting Code Provisions Superseded. The provisions of this Ordinance shall govern and supersede any conflicting provisions of the City of Calimesa Municipal Code with respect to the use of streets for storage of vehicles in public rights-of-way within the jurisdiction of the City of Calimesa.

Section 4. Environmental Determination. The City of Calimesa has determined that adoption of this Urgency Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations of vehicle parking imposed under this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15378 because it has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. The City of Calimesa has also determined that even if the Urgency Ordinance comprises a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 5. Severability. If any sections, subsections, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the Chapter. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

Section 6. Urgency Findings. The City Council finds that the City of Calimesa has no adopted Ordinance addressing the storage of vehicles in the public rights-of-way, and that the Sheriff’s Department cannot remove stored or abandoned vehicles without an Ordinance in place.

The City Council further finds that the resulting storage of vehicles in the public rights-of-way, often for significant periods of time, is aesthetically displeasing and out of harmony with the character of this community so as to constitute visual blight which reduces the quality of life within the community to the extent that the overall public health is detrimentally affected. Therefore, unless this Ordinance is effective, and its regulations are immediately put in place, the public health, safety and welfare will be at risk. Therefore, the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code Sections 65934 and 65937(b) and take effect immediately upon adoption, and its urgency is hereby declared.

Section 7. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Urgency Ordinance and shall cause the same to be posted and published in the manner required by law.

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PASSED, ADOPTED AND APPROVED upon the following roll call vote, this 3 rd day of
October 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
________________________________________

QUINN BARROW, CITY ATTORNEY

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ORDINANCE NO. 383

AN ORDINANCE OF THE CITY OF CALIMESA REGARDING USE

OF STREETS FOR STORAGE OF VEHICLES IN THE PUBLIC

RIGHTS-OF-WAY, AMENDING THE CALIMESA MUNICIPAL

CODE REGARDING THE SAME, AND APPROVING CALIFORNIA

ENVIRONMENTAL QUALITY ACT EXEMPTIONS
THE CITY COUNCIL OF THE CITY OF CALIMESA ORDAINS AS FOLLOWS:

Section 1. Findings:
(a) The City of Calimesa has no adopted Ordinance regulating the storage of vehicles in the public rights-of-way.
(b) The Sheriff’s Department cannot remove stored or abandoned vehicles without a city ordinance in place.
(c) Riverside County and incorporated cities within the County have existing ordinances in place to regulate the use of public rights of way prohibiting the storage of vehicles. (d) The City currently regulates vehicles and traffic within the public rights-of-way pursuant to Sections 10.05.010 through 10.30.040 of Title 10 (Vehicles and Traffic) of the Municipal Code.
(e) It is the intent of the City Council in adopting this Ordinance to establish consistent regulations governing use of streets for storage of vehicles in order to more fully protect the public health, safety, and welfare.

Section 2. A new Section 10.16.010 is hereby added to Title 10 (Vehicles and Traffic) of the Calimesa Municipal Code to read as follows:
“10.16.010 Use of streets for storage of vehicles.

A. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

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vehicle. In investigating whether a vehicle is in violation of this section, the peace officer or designated employee shall consider the totality of the circumstances, including, but not limited to, tire markings, eyewitness account, dirt and debris, vegetation, vehicle condition, photographic evidence and odometer recordings.”
Section 3. Conflicting Code Provisions Superseded. The provisions of this Ordinance shall govern and supersede any conflicting provisions of the City of Calimesa Municipal Code with respect to the use of streets for storage of vehicles in public rights-of-way within the jurisdiction of the City of Calimesa.

Section 4. Environmental Determination. The City of Calimesa has determined that adoption of this Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations of vehicle parking imposed under this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15378 because it has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. The City of Calimesa has also determined that even if the Ordinance comprises a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 5. Severability. If any sections, subsections, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the Chapter. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

Section 6. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be posted and published in the manner required by law.

INTRODUCED AND APPROVED UPON FIRST READING this 3
rd day of October, 2022, upon
the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED UPON SECOND READING this 17th day of October, 2022, upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
________________________________________

QUINN BARROW, CITY ATTORNEY

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City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY

FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL

PROPERTY INTERESTS FOR PUBLIC PURPOSES IN CONNECTION

WITH THE COUNTY LINE ROAD AND CALIMESA BOULEVARD

IMPROVEMENT PROJECT
MEETING DATE: October 3, 2022
PREPARED BY: Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council:

3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution of Necessity No. 2022-55 (which requires a 4/5ths vote of the entire City Council) and authorize the City Attorney’s office to file eminent domain proceedings to acquire the real property interests described below, which consists of a fee simple interest (“Subject Property Interest”) in the parcel described below:
625 W. County Line Road, APN 411-080-015 (Gayle Parcel) • An approximate 17,860 square foot full property fee simple acquisition, and improvements thereon, for public street, highways and related purposes, and all uses necessary or convenient thereto of the real property located at 625 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 411-080-015 (referred to as “Gayle Parcel”). The property is part of the Estate of Troyce Lee Gayle, and is now the subject of a contested probate action.

Troyce Lee Gayle, Jr. and Darnell Gayle, and Kristy L. Cummings have an ownership interest, or potential ownership interest, in the property.

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5. Authorize the City Manager to execute all necessary documents.

DISCUSSION:

Background and Description of Project - The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of certain real property interests in connection with the City’s proposed County Line Road and Calimesa Boulevard Improvement Project (“Project”). The proposed Project requires the acquisition of additional right of way for the proposed street improvements from three properties located in the City of Calimesa. The property interests required for the Project consist of a fee simple interest in the Gayle Parcel and permanent easements on portions of the remaining two properties. The proposed Project will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will widen portions of the road to the intersection, remove existing traffic light signals and replace them with a roundabout, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed improvements will align with the improvements being constructed for the County Line Road Transportation Corridor Project, which is currently under construction. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The Street Improvement Plans for the Project are on file with the Public Works Department and are incorporated herein by this reference.

The Project requires the acquisition of right of way from three properties in Calimesa and three properties in Yucaipa, which will be acquired by the City of Yucaipa, for public street, highways and related purposes, and all uses necessary or convenient thereto. The City is in negotiations with the property owners of the two other Calimesa properties for the acquisition of permanent easements and impacted site improvements required for the Project. The City has attempted to negotiate in good faith with the owners of the Gayle Parcel to acquire the above-described Subject Property Interest, but the parties have not reached a negotiated acquisition. Based on the timing of the Project, it is necessary that the City consider the proposed Resolution of Necessity at this time.

The City seeks to construct the Project to improve capacity, circulation, and enhance the safety of pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long term efficiency.

Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term

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maintenance costs associated with traffic signal equipment and utility costs. Because the intersection of County Line Road and Calimesa Boulevard is located on the border of the Cities of Calimesa and Yucaipa, both Cities plan to partner to complete the improvements. The Project will mutually benefit the Cities of Yucaipa and Calimesa.

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition in fee of the Gayle Parcel and permanent easements on portions of two additional parcels owned by private property owners.

The City’s acquisition of the property interests required for the Project, one of which is a fee simple interest, will likely result in the displacement of persons and personal property in connection with commercial activity. As a result, commercial relocation assistance may be needed. The City will coordinate the construction of the Project with the owners of the property interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

The City seeks to acquire the Subject Property Interest for public use, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred on the City of Calimesa to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

For the reasons set forth above, the construction of the Project is in the public interest and necessity and is needed to improve traffic circulation and facilitate traffic flow in this area of the City.

Required Findings for Adoption of the Resolution of Necessity Authorizing the Acquisition of the Subject Property Interest by Eminent Domain
In order to adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interest, the City Council must find and determine, with respect to the Resolution of Necessity, that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described in the Resolution of Necessity is necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the real property interests it seeks to acquire.

The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the

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eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity.

Environmental Analysis
The environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). Pursuant to Section 15063 of Article 19 of the State CEQA Guidelines, the City prepared an Initial Study to determine if the proposed Project creates significant environmental impacts. After reviewing the Initial Study, City Staff determined that the Project would not have a significant effect on the environment through adherence to City standards and practices. In addition, the Project’s potential environmental impacts were reduced to a less than significant level through the imposition of Mitigation Measures. The City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program.

On or about May 17, 2022, the City duly filed the Mitigated Negative Declaration with the County of Riverside in accordance with CEQA.

In connection with the proposed Resolution of Necessity, on October 3, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

City’s Actions Pursuant to Government Code Section 7260 et seq.

Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the appraised fair market value, and extended a written offer to the owners of record. The City negotiated in good faith with the record owners. As of the date of this Staff Report, however, the parties have not reached a negotiated agreement. Based on the timing of the Project, it is necessary that the City consider the adoption of the Resolution of Necessity at this time.

Following is a summary of the actions taken by the City pursuant to Government Code Section 7260 et seq. - 625 W. County Line Road, APN 411-080-015 (Gayle Parcel) Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the fee simple interest in the Gayle Parcel that the City seeks to acquire for public use, namely public street, highways and related purposes. The City set just compensation in accordance with the appraised fair market value and extended a written offer on August 11, 2022 to the property owners, Troyce Lee Gayle, Jr. and Darnell Gayle, and Kristy L. Cummings, as well as Mr. and Mrs. Gayle’s attorney. The fair market value appraisal used a date of value of July 8, 2022.

The City’s written offer included an informational pamphlet describing the eminent domain process and the record owners’ rights under the Eminent Domain Law. In accordance with Government Code

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Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the Gayle Parcel. It explained the applicable zoning and General Plan designation of the Gayle Parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Gayle Parcel.

The City remains in active negotiations with the property owners; however, a settlement has not yet been reached. Based on the timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interest in the event a negotiated settlement cannot be achieved.

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail dated September 19, 2022 to the record owners of the Subject Property Interest the City seeks to acquire informing them of the City’s intent to consider at its October 3, 2022 meeting, the adoption of a resolution of necessity for the acquisition by eminent domain of the Subject Property Interest from the Gayle Parcel. The notice advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen days of the date the notice was mailed, a written request with the City to appear at the hearing. The notices specifically informed the record owners of the Gayle Parcel that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interest the City seeks to acquire from the owners of record is necessary for the Project.

As discussed above, based on the proposed timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolutions of Necessity at this time.

This hearing relates to issues A, B, C, and D below.

REQUIRED FINDINGS FOR ADOPTION OF RESOLUTIONS OF NECESSITY A. The Public Interest and Necessity Require the Project The Project, as planned and designed, is in the public interest and necessity and is needed to improve traffic circulation and efficiency in this area of the City. The proposed Project will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will widen portions of the road to the intersection, remove existing traffic light signals and replace them with a roundabout, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed improvements will align with the improvements being constructed for the County Line Road Transportation Corridor Project, which is currently under construction. All work is consistent with the City’s General Plan of Circulation. The

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proposed Project will reduce the traffic congestion in the area and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan.

The City seeks to acquire the Subject Property Interest for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists in the area of the intersection of County Line Road and Calimesa Boulevard. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represent a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. The Project will mutually benefit the Cities of Yucaipa and Calimesa.

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition in fee of one parcel and permanent easements over portions of two additional parcels owned by private property owners in the City of Calimesa. The construction of the Project will likely result in the displacement of persons and personal property in connection with commercial activity.

As a result, commercial relocation assistance may be needed. The City will coordinate the construction with the owners of the property interests required for the Project to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest needed from the Gayle Parcel.

The public use for which the City seeks to acquire the Subject Property Interest, namely public street, highways and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interest, namely public street, highway and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to improve traffic circulation and efficiency in this area of the City. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs.

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Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan.

The proposed Project will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will widen portions of the road to the intersection, remove existing traffic light signals and replace them with a roundabout, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed improvements will align with the improvements being constructed for the County Line Road Transportation Corridor Project, which is currently under construction. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets.

Further, the public use for which the City seeks to acquire the Subject Property Interest, namely public street, highways and related purposes, drainage, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). The Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interest, namely public street, highways and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

C. The Subject Property Interest Described in the Resolution of Necessity is Necessary for the Project
The City seeks to construct the Project, as planned and designed, to improve traffic circulation and efficiency in this area of the City. The proposed Project will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will widen portions of the road to the intersection, remove existing traffic light signals and replace them with a roundabout, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed improvements will align with the improvements being constructed for the County Line Road Transportation Corridor Project, which is currently under construction. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets.

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The City cannot construct the Project without the acquisition of the following Subject Property Interest, which is described more particularly in the Resolution of Necessity:
625 W. County Line Road, APN 411-080-015 (Gayle Parcel) • An approximate 17,860 square foot full property fee simple acquisition for public street purposes and improvements thereon of the real property located at 625 W. County Line Road, Calimesa, California, and further identified as Riverside County tax Assessor’s Parcel Number 411-080-015. The property is part of the Estate of Troyce Lee Gayle and is currently in probate court.

As stated above, the public use for which the City seeks to acquire the Subject Property Interest, namely public street, highways and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interest, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the Subject Property Interests that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

D. The City has made an offer as required by Government Code Section 7267.2 to the owners of record of the Subject Property Interest it seeks to acquire from the Gayle Parcel
The City, pursuant to Government Code Section 7260 et seq., obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the fair market value, and extended a written offer to the owners of record of the Subject Property Interest. As detailed above, the City extended to the owners of record of the Subject Property Interest a written offer pursuant to Government Code Section 7267.2 to acquire the Subject Property Interest for public use, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto.

Specifically, the City extended a written offer to the following record owners of the Subject Property Interest:
• The City extended a written offer to Troyce Lee Gayle, Jr. and Darnell Gayle, and Kristy L. Cummings to purchase an approximate 17,860 square foot full property fee simple acquisition and site improvements thereon of the real property located at 625 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 411-080-015 for public street, highways, and related purposes.

Incorporation of Above-Referenced Documents:

The following documents on file with the City Clerk’s Office and/or the Public Works Department, which are referenced in this report, are incorporated herein by this reference:

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• Resolution of Necessity (attached hereto)
• City of Calimesa General Plan
• Offer letters to the record owners of the Subject Property Interests • Notice pursuant to Code of Civil Procedure Section 1245.235 to record owners of the Subject Property Interest
• Street Improvement Plans for Project
• Environmental Documents relating to Project
ATTACHMENTS:

Attachment A: Proposed Resolution of Necessity 2022-55

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RESOLUTION 2022-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA,

CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS

NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE COUNTY LINE

ROAD AND CALIMESA BOULEVARD IMPROVEMENT PROJECT (FEE
SIMPLE INTEREST IN APN 411-080-015)
WHEREAS, the City of Calimesa (“City”) is a municipal corporation in the County of Riverside, State of California; and
WHEREAS, the City seeks to construct the County Line Road and Calimesa Boulevard Improvement Project (“Project”) to improve circulation in this area of the City.

The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will widen portions of the road to the intersection, remove existing traffic light signals and replace them with a roundabout, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed improvements will align with the improvements being constructed for the County Line Road Transportation Corridor Project, which is currently under construction. All work is consistent with the City’s General Plan of Circulation.

The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The Street Improvement Plans for the Project are on file with the Public Works Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). Pursuant to Section 15063 of Article 19 of the State CEQA Guidelines, City Staff determined that the Project would not have a significant effect on the environment through adherence to City standards and practices. In addition, the Project’s potential environmental impacts were reduced to a less than significant level through the imposition of Mitigation Measures. The City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program. On or about May 17, 2022, the City duly filed the Mitigated Negative Declaration with the County of Riverside in accordance with CEQA; and
WHEREAS, in connection with the proposed Resolutions of Necessity, on October 3, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City Attachment 14A

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Calimesa City CouncilOctober 3, 2022

Calimesa City Council
October 3, 2022