Calimesa City Council
January 17, 2023

Regular Meeting of the Calimesa City Council
Tuesday, January 17, 2023

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

STAFF: CITY MANAGER KOLBOW, 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.

Regular Meeting of the Calimesa City Council
Meeting Agenda
Tuesday, January 17, 2023 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
William Davis, Mayor  Wendy Hewitt, Mayor Pro Tem
Jeff Cervantez, Council Member  John Manly, Council Member  Linda Molina, Council Member Will Kolbow, City Manager  Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may participate in this meeting in one of two ways:
1) In person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320. 2) By viewing the meeting on Facebook Live, beginning at 6:00 p.m. at https://www.facebook.com/cityof.calimesa Submission of Public Comments: If attending the meeting, public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker. Otherwise, public comment will be accepted via email. Please send comments via email to the Calimesa City Clerk at [email protected]. Identify public comment or the specific agenda item you wish to comment on in your email’s subject line. You may submit comments on any agenda item. Emailed comments must be submitted by 5:30 p.m. on Tuesday, January 17, 2023 and will be read into the record by the City Clerk. Electronic comments on agenda items may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Regular Meeting of the Calimesa City Council
Tuesday, January 17, 2023

APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 12)
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 December 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 $2,026,534.68 (Check Nos. 39630 to 39747) b) December 22, 2022 Payroll of $101,224.12
January 1, 2023 Council Payroll of $1,673.25
January 5, 2023 Payroll of $101,575.29

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

6. TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2022 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended November 30, 2022.

7. AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES TO PROVIDE A COMPREHENSIVE COST ALLOCATION AND USER FEE STUDY.

RECOMMENDATION: That the City Council award a professional services agreement contract to Matrix Consulting Group, Ltd. in an amount not-to-exceed $38,300 to provide a comprehensive cost allocation and user fee study.

8. FIRST AMENDMENT TO AGREEMENT FOR WEED ABATEMENT SERVICES BETWEEN THE CITY AND A.B. LANDSCAPE
RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Weed Abatement Services between the City of Calimesa and A.B. Landscape, authorize the Mayor to execute the agreement, and direct the City Manager to take all actions necessary to implement the First Amendment.

Regular Meeting of the Calimesa City Council
Tuesday, January 17, 2023

9. NOTICE OF COMPLETION – NORTON YOUNGLOVE SENIOR CENTER ADA IMPROVEMENTS CDBG PROJECT # 5. CM. 01-21.

RECOMMENDATION: That the City Council accept the Norton Younglove Senior Center ADA Improvements CDBG Project # 5. CM. 01-21 as complete, authorize the Public Works Director to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the County Recorder’s Office and, if no claims are filed as of 35 days after recordation, release the 5% retention payment in the amount of $3,303.39 to IE General Engineering, Inc.

10. TRACT 26811 – SINGLETON CANYON DEBRIS BASIN AND SINGLETON ROAD STORM DRAIN: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFCWCD) EASEMENT.

RECOMMENDATION: That the City Council authorize Quitclaim Deed Execution Reconveying Easements for Operation and Maintenance Associated with both the Singleton Canyon Debris Basin and Singleton Road Storm Drain to Riverside County Flood Control and Water Conservation District (RCFCWCD).

11. PURCHASE OF SPEED AND MESSAGE TRAILER.

RECOMMENDATION: That the City Council approve the purchase of a Speed Alert 24 Radar message sign for $17,566.02.

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

RECOMMENDATION: That the City Council approve an agreement with Rene’s Commercial Management for Right-of-Way Weed Control in the amount of $13,800.

CHAMBER OF COMMERCE REPORTS

POLICE CHIEF COMMENTS & REPORTS
Presentation to Deputy Juan Cedeno – Mayor Davis

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:

Open Public Hearing
Staff Presentation
Applicant/Representative Presentation
Public Testimony
Applicant Rebuttal (if necessary)
Public Testimony Closed
. Close Public Hearing
Council Discussion
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.

Regular Meeting of the Calimesa City Council
Tuesday, January 17, 2023

13. PUBLIC HEARING – ORDINANCE ADOPTING BY REFERENCE THE 2022 EDITIONS OF

THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING,

ENERGY, HISTORICAL BUILDING, EXISTING BUILDING AND GREEN BUILDING STANDARDS CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, AND THE 2021 EDITION OF THE INTERNATIONAL PROPERTY

MAINTENANCE CODE, WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE.

RECOMMENDATION: That the City Council:

1. Open the Public Hearing, receive public testimony and;

2. Conduct 2nd reading of Ordinance No. 389 by title only: An Ordinance Of The City Of Calimesa, California, Adopting By Reference The 2022 Editions Of The California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building And Green Building Standards Codes, Which Are Codified In Title 24 Of The California Code Of Regulations, And The 2021 Edition Of The International Property Maintenance Code, With Appendices Thereto, Including Amendments, Additions And Deletions; And Amending Title 15 Of The Calimesa Municipal Code and;

3. Adopt Resolution No. 2023-04, A Resolution of the City Council of the City of Calimesa, California making express findings and determinations that modifications to the 2022 California Building, Residential and Fire Codes are reasonably necessary because of local climatic, geological, or topographical conditions.

BUSINESS ITEMS

14. CITY COMMISSION APPOINTMENTS.

RECOMMENDATION:

1. That Council Member Cervantez appoint one member to the Library Commission and that the City Council ratify the appointments by a majority vote and adopt Resolution No. 2023-01 providing for appointments made.

2. That Council Member Cervantez appoint one member to the Parks, Trails & Community Services Commission and that the City Council ratify the appointments by a majority vote and adopt Resolution No. 2023-02 providing for appointments made.

3. That Council Member Cervantez appoint one member to the Planning Commission and that the City Council ratify the appointments by a majority vote and adopt Resolution No. 2023-03 providing for appointments made.

15. CITYWIDE PAVEMENT REHABILITATION PROJECT, CONSTRUCTION CONTRACT AWARD.

RECOMMENDATION: That the City Council:

1. Award a contract to Hardy & Harper, Inc. in the amount of $1,665,000.00 for construction of the citywide pavement rehabilitation project; and

2. Authorize 10% construction contingencies in the amount of $166,500.00 for project change orders; and

Regular Meeting of the Calimesa City Council
Tuesday, January 17, 2023

3. Approve the Plans and Specifications for construction of the citywide pavement rehabilitation project; and

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

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

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, February 6, 2023 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: January 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council Meeting of December 19, 2022.

ATTACHMENTS:

Attachment A: City Council action minutes of December 19, 2022 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: January 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: January 17, 2023
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $2,026,534.68 (Check Nos. 39630-39747) b) December 22, 2022 Payroll of $101,224.12
January 1, 2023 Council Payroll of $1,673.25
January 5, 2023 Payroll of $101,575.29

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

THE AGENDA
MEETING DATE: January 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk This permits reading the title only in lieu of reciting the entire text of the ordinances. This does not take
policy action on the Ordinances or approve or
disapprove any Ordinances on the agenda.

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

EXPENSES
MEETING DATE: January 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through December 31, 2022.

ATTACHMENTS:

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

FISCAL YEAR 2022-23

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
August 18th Yucaipa State of the City $ 55.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 55.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 545.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
August 18th Yucaipa State of the City $ 55.00
8-Dec Riverside State of County $ 50.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 105.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 495.00

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

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

FISCAL YEAR 2022-23

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

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
Sep 7-9 LOCC Conference Hotel Residence Inn $ 608.16 August 18th Yucaipa State of the City $ 55.00 9-Sep LOCC Conf. Division Lunch $ 50.00 24-Sep Beaumont State of the City $ 65.00 14-Nov LOCC Riverside County Div. Dinner $ 50.00
30-Nov Flight ti Montery LOCC Meeting $ 468.20
TOTAL TRAVEL/TRAINING $ 1,176.36 TOTAL MEETING/MILEAGE $ 120.00 REMAINING BALANCE $ 273.64 REMAINING BALANCE $ 480.00

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

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

FISCAL YEAR 2022-23

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
Sep 7-9 LOCC Conference Hotel Westin $ 605.42 18-Aug Yucaipa State of the City $ 55.00 Sep 7-9 LOCC Conference Parking $ 15.00 24-Sep Beaumont State of the City $ 65.00 Sep 7-9 LOCC Conference Vehicle Fuel $ 31.21
TOTAL TRAVEL/TRAINING $ 651.63 TOTAL MEETING/MILEAGE $ 120.00 REMAINING BALANCE $ 798.37 REMAINING BALANCE $ 480.00

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

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2022
MEETING DATE: January 17, 2023
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended November, 2022.

BACKGROUND: Pursuant to Council Resolution No. 2022-61 approved on November 7, 2022, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: The format of the investment report has been updated to provide for additional information as detailed in the Investment Policy submitted for the Council’s consideration on the consent calendar for November 7, 2022. Additional information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day to day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include a transfer on November 9, 2022 of $800,000 from the LAIF Investment Fund to the General Checking account.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $4,857 for CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended November 30, 2022.

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR

CONSULTANT SERVICES TO PROVIDE A COMPREHENSIVE
COST ALLOCATION AND USER FEE STUDY.

MEETING DATE: January 17, 2023
PREPARED BY: Celeste Reid, Finance Director/City Treasurer RECOMMENDATION: That the City Council award a professional services agreement contract to Matrix Consulting Group, Ltd. in an amount not-to-exceed $38,300 to provide a comprehensive cost allocation and user fee study.

BACKGROUND: User fees are commonly charged in connection with government services. The amount of user fees charged may not exceed the estimated reasonable cost of providing the services. In setting the amount of the fee, it is proper and reasonable to take into account the expense of the direct services including employee labor and benefits, materials, supplies, etc., as well as indirect expenses of providing the services, including facilities, information technology and equipment and other overhead costs. Government organizations are required to have objective cost allocation plans to support indirect costs estimated for user fees.

The City of Calimesa’s current User Fee schedule is based on a User Fee Rates study dated August 24, 2014. Since that date, the City of Calimesa has experienced significant growth with respect to services provided to maintain compliance with federal, state, county and local regulations, laws and ordinances. The City has also added an in-house Fire Department and the new Department’s services were not included in the 2014 User Fee Study. In addition, the City of Calimesa’s cost allocation plan needs to be updated as the cost allocation plan supports the indirect costs associated with user fee study rates.

The City Council approved a budget of $40,000 for the fiscal year 2022-23 for professional services for the purpose of providing an updated comprehensive cost allocation and user fee study.

DISCUSSION: City staff prepared a request for proposal on October 12, 2022 for a comprehensive cost allocation plan and user fee study, with proposals due on November 14, 2022. The City received four proposals and interviewed three of the consulting firms for further consideration. The interview panel consisted of the City Manager, Executive Advisor to the City Manager, Finance Director, and Accounting Technician II. City staff evaluated the cost of services to be provided, the approach to working with City staff, overall experience, and the ability for the City to internally update cost allocation rates and user fees in future years. Based on the results of the interviews, City Staff

respectfully recommends the City Council approve the professional services agreement with Matrix Consulting Group, Ltd. with a not to exceed total contract cost of $38,300.

FISCAL IMPACT: The fiscal year 2022-23 Finance Department budget has $40,000 allocated for professional services to support a comprehensive cost allocation plan and user fee study. No additional appropriation is being requested as the approved budget supports the cost of contract.

ATTACHMENTS:

Attachment A: Professional Services Agreement for Comprehensive Cost Allocation and User Fee Study.

Attachment B: Proposal to Develop a Comprehensive Cost Allocation Plan and User Fee Study – Matrix Consulting Group

1 PROFESSIONAL AGREEMENT
FOR

COMPREHENSIVE COST ALLOCATION PLAN AND USER FEE STUDY

1. PARTIES AND DATE.

This Agreement is made and entered into this day of January 17, 2023, by and between the City of Calimesa, a municipal organization organized under the laws of the State of California with its principal place of business at 908 Park Avenue, Calimesa, California 92320 ("City") and Matrix Consulting Group, Ltd., a Corporation, with its principal place of business at 1650 S. Amphlett Blvd., Ste. 213, San Mateo, CA 94402 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of professional comprehensive cost allocation plan and user fee study consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it has the experience, staff and capability to provide the type of outreach services necessary to assist the City in the accomplishment of the program. Consultant represents that it is licensed in the State of California and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such services for the comprehensive cost allocation plan and user fee study ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional comprehensive cost allocation plan and user fee study consultant services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Attachment 7A

2 3.1.2 Term. This Agreement shall commence on January 17, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW-9) prior to commencement of any Services under this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows:

Courtney Ramos, Vice President

3 Khushboo Ingel
Madison Dixson
Lauren Orchard

3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates the Finance Director, or his or her designee, as the City's contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Courtney Ramos, Vice President, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting

4 the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

5 (c) Professional Liability: (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(d) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (c) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) The policy or policies of insurance required by Section 3.2.10.2 (d) Workers' Compensation shall be endorsed to provide the
following:

6 (1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

7 In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Business License. Consultant shall procure a City of Calimesa Business License and renew it annually during the term of the Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed thirty eight thousand and three hundred dollars ($38,300) (“Total Compensation”) without written approval of City's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

8 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. The City Manager may approve Extra Work, provided the cost of the Extra Work, does not exceed ten percent (10%) of the Total Compensation as set forth in Section 3.3.1, for a total increase of $3,830. Any Extra Work in excess of this amount shall be approved by the City Council.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 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:

9 Consultant:

Matrix Consulting Group, Ltd.
1650 S. Amphlett Blvd. Suite 213
San Mateo, CA 94402
Courtney Ramos, Vice President
City:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Celeste Reid, Finance Director
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.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10 3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.

Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and nonappealable order by a court of competent jurisdiction requires that City release such information.

3.5.6 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.

3.5.7 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 all attorney's fees and all other costs incurred in connection with such action.

3.5.8 Indemnification.

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

11 3.5.8.2 Taxes. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to Cityany reimbursement or indemnification arising under this subparagraph.

3.5.8.3 Subcontractors. Consultant shall obtain executed indemnity agreements withprovisions identical to those in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

3.5.8.4 Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

3.5.8.5 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

3.5.8.6 Survival of Terms. Consultant’s indemnifications and obligations under this section shall survive the expiration or termination of this Agreement.

3.5.9 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.

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

12 3.5.11 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.12 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.14 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 the City. 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.

3.5.15 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City 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.

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

3.5.17 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.

3.5.18 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.19 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.

3.5.20 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Further, Consultant warrants that it has not promised or paid to any city employee or official, any rebates, kickbacks,

13 or other unlawful considerations contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.21 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.22 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.23 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.

3.5.24 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]

14 IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement for comprehensive cost allocation plan and user fee study on this 17th day of January, 2023.

CITY OF CALIMESA MATRIX CONSULTING GROUP, LTD.

By: By:_____________________________
William Davis
Mayor Name: Richard Brady
Title: President
Attest:

By: By:_____________________________
Darlene Gerdes
City Clerk Name: Courtney Ramos
Title: Vice President
Approved as to Form:

RICHARDS WATSON GERSHON
By:

Quinn Barrow
City Attorney

Proposal to Develop a Comprehensive Cost
Allocation Plan and User Fee Study

CALIMESA, CALIFORNIA
November 11, 2022
Attachment 7B

Table of Contents
Cover Letter i
1 Qualifications 1
2 Staffing 6
3 Scope of Services and Schedule 10
4 Fee Schedule 25
5 References 26
6 Samples 27

1650 S. Amphlett Blvd., Suite 213 • San Mateo, CA 94402 • 650.858.0507 SF Bay Area (Headquarters), Boston, Charlotte, Dallas, Irvine, Portland, St. Louis November 11, 2022
Celeste Reid, Director
Finance Department
City of Calimesa
908 Park Ave.

Calimesa, CA 92320
Dear Ms. Reid:

The Matrix Consulting Group is pleased to have this opportunity to submit a proposal to perform a Comprehensive Cost Allocation Plan User Fee Study for the City of Calimesa.

Over the course of its 20-year history, the Matrix Consulting Group has conducted several hundred cost allocation and user fee studies, as Financial Services is one of our core practice areas. The Matrix Consulting Group stands out from other firms for the following reasons:
• Experience in cost allocation and user fee studies: Our firm and team have conducted 150+ cost of service studies for municipalities over the last 20 years across the United States, with recent Southern California clients including: Orange, Riverside, Glendale, Menifee, Adelanto, and Perris. Currently we are working with San Bernardino and Redlands on similar scopes of work.
• Depth of the Project Team: Our Project Executive and Project Manager are experts in organizational and staffing analyses and understand service and process assumptions behind fees, which ensures accurate and defensible results. • Timeliness of products and transfer of knowledge: We are committed to ensuring that all client deadlines are met and that along with providing defensible work products, there is a transfer of the intangible knowledge and recommendations associated with enhancing revenue recovery.

I am the firm’s president, authorized to negotiate on the firm’s behalf and bind it contractually.

Courtney Ramos, a vice president and proposed project executive, can provide clarifications on this proposal. We can be reached at the address and phone number listed below, or via email at [email protected] and [email protected].

Richard Brady, President
Matrix Consulting Group
matrix
consulting group

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 1
1 Qualifications
The Matrix Consulting Group specializes in providing analytical services to local governments to assist them in providing highly responsive, efficient, and effective services to their residents. Our firm’s history and composition are summarized below:
• Since our founding in 2002, we have worked with over 1,500 government agencies, conducting cost of service and management studies providing recommendations relating to operations, improvements, and cost recovery. • Incorporated in California, with headquarters in San Mateo, and offices in 11 other states, we have 24 full-time and four-part time highly experienced management consultants who specialize in the analysis of local government functions encompassing the entire spectrum of critical operational areas. • The market and service focus of the Matrix Consulting Group has always been financial, management, staffing and operations analysis of local government. The following outlines the core services provided by our firm:

Administrative (HR, Finance, IT) Fire and EMS
Community Development Fleet Management
Corrections and Justice Law Enforcement
Emergency Communications Parks, Recreation, and Libraries Financial Services Public Works and Utilities
No other firm has a better understanding of how public organizations operate, or how to help them thrive.

Cost Allocation Plan Experience
Our firm has extensive experience developing Comprehensive Cost Allocation Plans, as well as Indirect Cost Rate Proposals for various municipal organizations across the United States. Whether we are working with large cities, small towns, special districts, or individual departments, our goal is to document and define the services being provided, and accurately allocate costs to all beneficiaries. The following points highlight our experience with developing cost allocation processes and metrics:
• Administrative Functions: Our firm has extensive experience in evaluating processes and functions associated with City Clerk, Finance, Human Resources, and Purchasing. From basic tasks and responsibilities to process improvement and oversight controls, our project teams can:

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 2
- Identify core service functions, such as payroll, employee benefits, budget preparation, agenda, and commission support.
- Review current data metrics, and work with staff to ensure resulting allocations are appropriate, fair, and equitable.
- Recognize services that are not in direct support of departments, including business licenses and elections, and ensure they are accurately identified, but not further allocated.

Our project teams understand the core services associated with administrative functions, as well as the time associated with process completion, and are adept at helping staff determine daily, weekly, monthly, or annual time spent on a task.

These assumptions form the core basis of a cost allocation plan, and should be defensible not only through documentation, but also by City staff. • Governmental Functions: The Matrix Consulting Group has worked with and been a part of managerial studies relating to City Manager and Legal services.

Additionally, we have extensive experience working with, and presenting to various boards, councils, and subcommittees. Our understanding of the various types of services provided allow our project teams to assess what services are best for allocation, including:
- Categorizing services and support that benefit the City as an organization, such as contract negotiation, and approval of internal policies. - Identifying services that benefit the City economically, such as lobbying, and economic development, which should not be allocated.

Our team understands how these costs can and should be treated in both a Full Cost Plan and OMB compliant plan, including making staff aware of common practices, as well as aggressive allocation options.
• Internal Services: The Matrix Consulting Group has significant experience evaluating services and functions associated with Facilities Maintenance, Fleet Services, and Information Technology. While these services can be part of the general fund or internal services, their allocation is important when trying to understand the indirect costs associated with any Fund, Department, or Program.

Our project teams work with these departments to:
- Review existing allocation processes and metrics to ensure compliance with state and federal regulations.
- Determine if newer metrics, or metric alterations could provide more accurate allocations.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 3
We are committed to ensuring that all cost centers being allocated comply with state and local laws, use fair and equitable allocation metrics, and are documented and defensible.

The following table provides a sampling of jurisdictions for whom we have provided similar services within the last five years, including the types of services provided to each jurisdiction, relevant to the requested scope of services:

Jurisdiction Full Cost OMB Indirect Rates Annual Plan
Adelanto, CA X
Champaign, IL X X
Citrus Heights, CA X X
Cupertino, CA X X
Dallas, TX X X X X
Daly City, CA X
Dixon, CA X X
Downey, CA X X
Elk Grove, CA X X X
Fairfield, CA X X
Fort Lauderdale, FL X X X X
Garland, TX X X
Hercules, CA X X
Juneau, AK X X X X
Livermore, CA X X X
Manhattan Beach, CA X X X
Maui County, HI X X X X
Miami Beach, FL X X X
Millbrae, CA X X
Pacific Grove, CA X X
Port of Long Beach, CA X X
Redwood City, CA X X
Resource Conservation Dist. of Santa Cruz County X X X X Richland, WA X
Sacramento Regional Transit, CA X X X
San Mateo, CA X X X
San Mateo Resource Conservation District X X X
Santa Clara, CA X X X
South San Francisco, CA X X
Sunnyvale X X X
Cost of Services and User Fee Study Experience
Our firm has extensive experience conducting comprehensive user fee studies for a variety of municipal organizations and departments. When conducting comprehensive user fee studies, the focus is often on Community Development (building, planning, and engineering) and Parks and Recreation services. The following points highlight our experience in these areas:
• Community Development: Our firm has extensive experience in evaluating development review permitting functions for Building, Planning, Engineering, and

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 4
Fire Prevention. From the basic process steps for submitting, reviewing, inspecting, and approving applications and permits to development of processes, procedures, and cost recovery goals, our project teams can address topics as:
- The best metric for assessing fees, such as building valuation, square footage, construction estimate, or number of fixtures.
- Appropriate deposit amounts, guidelines, and processes to ensure actual cost recovery is achieved.
- Setting fees at levels that both recover costs but are not cost prohibitive. - Cost recovery and implementation options for support services including General Plan Updates, Technology Fees, GIS, etc.

Beyond understanding processes and assessing time estimates provided, our project teams are aware of the cross-departmental support associated with application and permit services. These costs are included in the full cost calculation and can be expressed as part of the established fee or a separate fee. • Parks and Recreation: The Matrix Consulting Group has worked with every type of recreation function, including traditional parks and recreation, libraries, and open space preserves. Our experience spans master and strategic planning, park condition assessments, and program staffing and cost recovery. Our project teams are well versed in the areas that most impact cost recovery, including:
- The best use of a tiered recovery approach, such as resident versus nonresident, or profit versus non-profit. - Setting fees according to the cost recovery pyramid to ensure that premium services have a higher cost recovery.

The goal in reviewing parks and recreation costs for service, is to ensure that fees and rates are set at a level that allows the City to continue to serve the community in a manner consistent with current goals and commitments.

Our firm also has extensive experience in calculating cost of services for administrative functions such as Finance and City Clerk, as well as public safety services relating to Police, Fire Prevention, and EMS.

The following table includes a sampling of California clients over the last five (5) years for whom we have provided similar scopes of service:

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 5
Jurisdiction
Planning
Fees
Building
Fees
Engineering
Fees
Fire
Prev.

Fees
Admin
Fees
Utility
Fees
Police
Fees
Recreation
Fees
Adelanto, CA X X X X X
Capitola, CA X X X X
Citrus Heights, CA X X X X X X
Commerce, CA X
Cosumnes CSD, CA X
Cupertino, CA X X X X
Daly City, CA X X X X X X
Dixon, CA X X X X X X
Downey, CA X X X X X X X X
Elk Grove, CA X X X
Livermore, CA X X X X
Los Altos Hills, CA X X X X
Manhattan Beach, CA X X X X X X X X
Millbrae, CA X X X X X X
Mill Valley, CA X X X X X X
Montebello, CA X X X X X X X X
Orange, CA X X X X X X X X
Pacific Grove, CA X X X X X X
Redwood City, CA X X X X X X X X
San Bernardino, CA X X
SB County FPD, CA X
San Mateo, CA X X X
Santa Clara, CA X X X X X X X X
South Pasadena, CA X X X X X X X
So. San Francisco, CA X X X X X X X X
Stockton, CA X X X X
Vacaville, CA X X X X X X X
Winters, CA X X X X X X X

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 6
2 Staffing
The project team being proposed by the Matrix Consulting Group are all full-time employees of our firm. The following chart outlines the project team, their specific roles, and reporting structure.

The following table provides a summary of experience of our proposed project team and their roles through the course of this project.

Courtney Ramos
Vice President,
Project Executive
Experience:
17 years
Ms. Ramos is our Financial Services Practice Leader, who oversees cost allocation plan, user fee, development impact fee, and cost of service engagements. Her tenure has also included participation in operational audits focusing on organizational / staffing structure enhancements.

Courtney has completed over 250 cost of service studies. Recent California clients include Daly City, Orange, Redwood City, Millbrae, San Mateo, Milpitas, Sunnyvale, South San Francisco, and Glendale.

Her role on this project would be to serve as the Project Executive involved in reviewing and presenting results.

Coordination of data
collection, support city
staff in data
development, and
populate models.

Responsible for leading
interviews, financial
analysis, policy
discussion and
development.

Primary contact for the
project, providing
expertise in reviewing
drafts and presenting
results.

Project oversight and
overall Project approval City of Calimesa
Courtney Ramos
Project Executive
Khushboo Ingle
Project Manager
Lauren Orchard
Analyst
Madison Dixson
Analyst

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 7
Khushboo Ingle
Senior Manager,
Project Manager
Experience:
11 years
Ms. Ingle is a Senior Manager who manages cost allocation plan, user fee, and cost of service engagements. Her experience with the firm also includes participation in operational audit engagements focusing on organization, staffing, and internal processes. Khushboo has completed over 150 cost of service studies. Recent California clients include South Pasadena, Glendale, South San Francisco, Riverside, Menifee, Manhattan Beach, and Orange.

Her role on this project would be to serve as the Project Manager, involved in leading meetings, developing draft results, and reviewing results.

Lauren Orchard
Sr. Consultant,
Analyst
Experience:
6 years
Ms. Orchard is an analyst who has recently joined our firm to assist our senior staff on cost allocation plan, user fee, development impact fee, and cost of service engagements.

Prior to joining Matrix Consulting Group, Ms. Orchard has had extensive experience in local government. Most recently she served in the position of Economic Development Director for the City of West Fargo, ND.

Her role on this project would be to serve as an Analyst, involved in supporting the leading of meetings and interviews, data analysis, and insight into revenue development.

Madison Dixson
Consultant,
Analyst
Experience:
1 year
Ms. Dixson is an analyst who has recently joined our firm to assist our senior staff on cost allocation plan, user fee, development impact fee, and cost of service engagements.

Ms. Dixson has participated in over 15 cost of service studies. Recent California clients include Millbrae, Mountain View, Sunnyvale, Fairfield, Glendale, Pasadena, Menifee, Downey, Daly City, and San Bernardino.

Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and developing models.

Resumes for our proposed project executive and project manager can be found on the following pages.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 8

COURTNEY RAMOS

FINANCIAL SERVICES VICE PRESIDENT, MATRIX CONSULTING GROUP Ms. Ramos is our Financial Services Practice Leader, who oversees cost allocation plan, user fee, development impact fee, and cost of service engagements. Her tenure with the firm has also included participation in operational audit engagements focusing on reviewing organizational and staffing structures to enhance services.

Courtney’s relevant experience include:
• Completed over 250 cost of service studies for clients across the United States.
• Analysis focuses on development and documentation of direct and indirect costs, fair and equitable allocation methodologies, and defensible results.
• Expertise also includes development of fiscal policies and procedures relating to cost of service and cost recovery.

Experience Highlights
Manhattan Beach CA (FY15-16 and FY19-20): Courtney served as the project executive and project manager on this engagement which determined the overhead allocation and full cost of providing city feebased services. Key analysis included:
• Identifying services provided by City staff, including documenting services, and service levels.
• Ensuring fair and equitable allocations of support services. • Recommending capital project allocation through direct engineering charges.
• Repeat client who engaged us for the same study 4 years later.

Riverside, CA (FY22): This study reviewed the City’s overhead review practices. Key analysis included:
• Ensuring all central services are appropriately accounted for in the plan.
• Identifying best practices for cost allocation.

Role on This Engagement:

Courtney will serve as the Project Executive on this engagement, ensuring timely project deliverables, quality control, and presentation support to stakeholders.

Relevant CA Clients:

Citrus Heights
Cupertino
Daly City
Dixon
Elk Grove
Fairfield
Humboldt County
Livermore
Long Beach
Manhattan Beach
Orange
Pacific Grove
Redwood City
San Bernardino County
San Pablo
San Mateo
Santa Clara
Santa Clara County
Sonoma County
South San Francisco
Stanislaus County
Sunnyvale
Vacaville
Winters
Willits
Years of Experience: 17
Education:

A.A. Administration of
Justice, A.A. Sociology
Santa Barbara City College
(CA).

Professional Association /
Certification:

Government Finance
Officers Association
California Society of
Municipal Finance Officers
OMB Cost Plan Best
Practices

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 9

KHUSHBOO INGLE

SENIOR MANAGER, MATRIX CONSULTING GROUP
Ms. Ingle is a Senior Manager who manages cost allocation plan, user fee, development impact fee, and cost of service engagements. Her experience with the firm also includes participation in operational audit engagements focusing on reviewing organizational, staffing, and internal processes to enhance services.

Khushboo’s relevant experience include:
• Completed over 150 cost of service studies for clients across the United States.
• Analysis focuses on development and documentation of direct and indirect costs, fair and equitable allocation methodologies, defensible results.
• Expertise also includes development of fiscal policies and procedures relating to cost of service and cost recovery.

Experience Highlights
Orange, CA: Khushboo served as the Project Manager on this engagement which looked and conducting a citywide fee study and development impact fee analysis. Key analysis includes:
• Streamlining land use categories for Fire impact fees to represent the current types of use (previous analysis was conducted 10 years prior).
• Identifying growth projections and appropriate nexus
considerations for impact fees.

Downey, CA (FY16-18): Khushboo served as the project manager on this engagement which looked and developing a citywide cost plan, comprehensive user fee study, and Development Impact Fees. Key analysis included:
• Review of current administrative functions, and ensuring all appropriate functions were included in the plan.
• Incorporating updated metrics to account for each service area. • Calculation of Indirect costs for reimbursement from enterprise funds.

Role on This Engagement:

Khushboo will serve as the Project Manager on this engagement, leading interviews and coordinating necessary data collection for the financial analysis, policy discussions, and working with the Analysts to compile and analyze data.

Relevant CA Clients:

Berkeley
Citrus Heights
Cupertino
Dixon
Elk Grove
Fairfield
Humboldt County
Livermore
Long Beach
Manhattan Beach
Orange
Pacific Grove
Redwood City
Riverside
San Bernardino County
San Pablo
San Mateo
Santa Clara
Santa Clara County
Sonoma County
South San Francisco
Stanislaus County
Sunnyvale
Vacaville
Winters
Years of Experience: 11
Education:

B.A., University of California
– San Diego, International
Economics
M.A., University of California
– San Diego, International
Affairs
Professional Association /
Certification:

California Society of
Municipal Finance Officers
OMB Cost Allocation Best
Practices

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 10
3 Scope of Services and Schedule
This section of the proposal provides an overview of our project approach and quality control, work plan/task plan (including deliverables), and schedule.

Project Approach and Quality Control
The Matrix Consulting Group works with a wide variety of clients ranging from small towns to major metropolitan cities in over 44 states across the U.S. and in Canada. Every project is unique, but it is managed according to the following essential project approach:

We believe very strongly in the science of our craft, especially as it relates to cost allocation and cost of service. Our firm utilizes quality control techniques including:
• Project Management: Ensuring our projects meet the needs and timelines of our clients are accomplished through the following:
- The project manager and lead analyst develop general and project specific data collection plans and interview guides.
- All project work activities are defined in advance and tied to each project team member, deliverables, the schedule and the budget. - We have frequent client review meetings to discuss the quality and direction of the project through interim deliverables and draft documents. • Numerical Results: Financial analyses are used to develop budgets and projections, and often are subject to public oversight and review. For this reason, our firm ensures data determined quality control through the following:
- Expenditure data entered into cost models are tied to budget documents. - Revenue projections developed are based upon existing workload and projected development activity and can be reconciled based upon numerical assumptions.

These project management approaches have resulted in all our projects being delivered at a high level of quality, on time and on budget.

Understanding
City specific
financial data
Working
Collaboratively
wtih City Staff
through
meetings and
workshops
Applying industry
standards, best
management
practices, and
technical
expertise for fee
and cost
allocation
application
Calculating
Defensible
Results with Buyin from internal
and external
stakeholders
Providing
recommendation
s and
transferring
knowledge and
work products to
City staff for
sccessful project
implementation

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 11
Scope of Services and Work Plan
The City of Calimesa is requesting two scopes of work: (1) a Comprehensive Cost Allocation Plan, and (2) development of a User Fee Study. These scopes of work can be conducted concurrently, as there are certain economies of scale that can be achieved by doing so. The following is our approach to project-wide, cost allocation plan, and user fee study specific tasks.

Project-Wide Tasks
There are four key tasks that would initiate this project and then the tasks would vary based upon each scope of work. The following tasks would be conducted for all scopes of work.

Task 1 Data Collection
Prior to any initial meetings, the Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A common list of data collection items include:
• Budgeted Expenditures on a fund, department, division, and line-item basis. • Budgeted staffing by fund, department, and division.
• Current organizational chart outlining City Departments. • List of current fees to be evaluated.
• Copy of any previous cost allocation or user fee studies. • List of comparative jurisdictions for the fee analysis.

The provision of these items will allow our project team to familiarize themselves with the City’s structure.

Deliverable List of basic data requirements for the Study Meetings Virtual Kickoff
Estimated City Support 4-8 hours for staff to collect and distribute information Project Timeline Weeks 1-2
Task 2 Study Objectives and Project Schedule
Once the data has been collected, the project team will then meet with designated City staff to discuss any issues identified by the project team, as well as to clarify any existing

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 12
concerns held by the City regarding the current cost allocation and indirect support methodology. Discussions will include:
• Review of the City’s specific needs and critical issues surrounding development and implementation of the cost plan and user fee studies. • Opportunities for improvement and restructuring of previous plans, and/or review and discussion of existing cost plan or user fee methodologies. • Discussion of the uses of a cost plan and user fee study, as well as concerns or issues that should be addressed during these studies.
• Concerns regarding existing methodology for any user fees.

At the culmination of the meeting, the project team and the designated City staff will leave with a greater understanding of the overall approach and methodology that will be taken by the project team to conduct the Cost Allocation and User Fee Study for the City.

Deliverable Project Schedule
Meetings Virtual Kickoff
Estimated City Support 1 hour for all involved City Departments Project Timeline Weeks 1-2
Task 3 Excel-Based Models and Training
The City wishes to have the ability to update the final version of the Study, including the ability to add, revise or remove costs or service types, as well as update assumptions regarding any fee changes. Our technical models would provide the ability for the City to adapt and continuously update each study from year to year as the organization changes.

While the model is structured in Excel, the technical model is proprietary and for internal use by City staff only. By having our model based in Excel, the requirements for software training, cost of new software products, updates, licensing, or other support, would be minimized.

After the final draft of the cost allocation plan and user fee study is approved, at the discretion of City staff, the project team would meet with and train designated City employees on use of requested models. Staff will be provided with training that includes:
a User’s Manual which explains key concepts, defines basic terms, includes a customized updated checklist of data that needs to be entered, and discusses different scenario options (e.g., adding new central services, removing receivers, etc.), as well as instruction tabs for the User Fee Models.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 13
The Matrix Consulting Group is committed to supporting City staff after project completion, including answering questions and model support, at no additional costs.

Deliverable Cost Allocation Model, Backup Documentation, User Guide Meetings Virtual Model Training
Estimated City Support 2 hours for Training Attendance
Project Timeline Weeks 20+
Task 4 Present the Final Report to Key Stakeholders
The presentation of results to City officials and/or stakeholders is critical to the success of the overall engagement. Because the product from the study is often controversial, the objective of this final step is to present a succinct summary that provides decision makers with key information. The Matrix Consulting Group will attend and present the Study at up to three (3) Committee or Council Meetings, including any fee adoption hearings. We believe that these number of meetings is typically sufficient to ensure that there is buy-in from the stakeholders.

Deliverable Fee Study Presentation
Meetings 1-3 in person City Committee / Commission / Council Meetings Estimated City Support 1-2 hours for Presentation Review Project Timeline Weeks 20+
Cost Allocation Plan Tasks
Through this scope of service, the Matrix Consulting Group will work with City staff to review and update the existing plan to ensure that it is reflective of current services. The following tasks provide a detailed look at our proposed work plan for the review and development of the Cost Allocation Plan.

Task 1 Interview Staff and Gather Allocation Metrics
The project team would review the City’s existing Cost Allocation Plan and financial structure to identify City departments and services to be allocated. To structure a custom cost allocation model, our project team would perform the following:
• Review and discuss the accounting (fund and organizational levels) structure of the City based upon the budgeted expenditures to identify any anomalies from previous years.
• Identify and meet specific central services departments to develop allocation bases and ensure that the plan reflects the following aspects:

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 14
- All current services provided by the Department are identified and documented within the Cost Allocation Plan.
- Allocation bases discussed to be utilized are reflective of the current level of effort and most relatable to the service being performed.

The following is a sample flowchart visually representing the outcome of these discussions, the first level is the central services department, the second level is the identified service category, and the third level is the basis by which costs will be allocated:
• Discuss alternative allocation procedures, including possible outcomes and potential impacts of each method.

The points above provide examples of the types of detailed and in-depth discussions that the project team will have with City Departments involved in the cost allocation process.

If certain allocation statistics are not available currently, the project team will recommend the initiation of collection of those metrics for future plans.

At this point in the process, the project team would reach out to each department and ask for any specific allocation metrics such as purchase orders, invoices, sq. ft. per facility maintained, etc. As discussed, our team is trained in best practices for OMB and internal cost allocation and as such is familiar with options of appropriate metrics to use in-lieu of other data available. This will allow us to ensure that we are able to develop the most defensible plan with the best information available.

Deliverable Allocation Metric Requests from Support Departments Meetings 1 Virtual Departmental Support Meeting per Department Estimated City Support 1 hour per City Support Department Project Timeline Weeks 2-5
Finance
Payroll
# of Employees
per Division
Accounts Payable
# of Invoices per
Division
Financial
Reporting
Actual Expenses
per Divsion

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 15
Task 2 Review Allocation Metrics
Based upon units of service identified in Task 1 and the allocation metrics collected, the project team would put together allocation statistic workbooks for review with specific Central Service Departments. The purpose of these workbooks is to review the initial results of the allocation metrics gathered by the project team. The following graphic shows an example of the allocation workbook:

Fund Dept Desc # of AR Transactions
per Fund/Dept Allocation %
1 10 City Manager 3 0.87%
1 16 Human Resources 30 8.75%
1 20 City Attorney 30 8.75%
1 30 Police 68 19.83%
1 35 Fire 1 0.29%
1 40 Development Services 7 2.04%
1 50 Public Works Streets 5 1.46%
1 50 Public Works Facilities 1 0.29%
1 50 Public Works Community Services 185 53.94%
10 Water 1 0.29%
14 Sewer 8 2.33%
29 Self-Insured Fund Liability In 4 1.17%
343 100.00%
In the sample graphic provided, based upon the number of AR Transactions per Fund/Department, the primary support is for Public Works Community Services (54%) for all the Parks and Recreation transactions, followed by Police (20%). Based upon the results of this sample, the project team would verify with Finance that the statistics were allocated to the appropriate fund/department and that the resulting percentage is reflective of the support being provided by the Accounts Receivable staff and function.

This type of detailed review is critical for the development of a defensible cost allocation plan. It also ensures that departmental staff and city staff are comfortable with the use of the allocation metrics and the support that those metrics represent.

Deliverable Draft Allocation Workbooks
Meetings 1 Virtual Draft Allocation Meeting per Department Estimated City Support 1 hour per City Support Department Project Timeline Weeks 4-9
Task 3 Structure and Prepare Draft Full Cost Allocation Model Once the Central Service departments and administrative functional areas have agreed upon the appropriate allocation metrics for their services; allowable administrative or other indirect costs are allocated to each benefiting City department, operating unit, or

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 16
fund. At this point the project team would begin customizing the Cost Plan model to meet the City’s specified needs, including:
• Ensuring methodologies and assumptions comply with Federal regulations and general accounting principles.
• Providing the ability to add or remove direct or indirect costs as future needs and programs change.

During the development of the cost allocation plan, the project team will ensure that any expenses included in the plan are vetted and reviewed with Budget staff as well as incorporate any direct reimbursements. The results of the draft custom cost allocation model will be provided to City staff in numerical format in excel prior to the development of a draft report.

Deliverable Draft Cost Allocation (Excel Results)
Meetings Virtual Draft Results Meeting with Finance
Estimated City Support 1 hour for Finance
Project Timeline Weeks 6-10
Task 4 Comparison to Previous Cost Allocation Plan
The results of Task 4 will allow the project team to compare the results of the initial draft Cost Allocation Plan to the results of the previous cost plan. The comparison workbook typically includes the following component:
• Comparison of total costs included: This tab compares all the central service expenditures that were included previously compared to the current year. Any significant changes are highlighted, and notes are provided for the difference. • Comparison of total costs allocated: This tab compares by central service the costs that got allocated out to receivers, as depending upon allocated or unallowable costs these can vary from the total costs included. It also provides insight into any potential structural changes and their impact on the plan’s results. • Comparison of receivers: This tab compares by receiving department and / or fund the total cost allocated to them in the prior year’s cost plan compared to this the proposed costs being allocated. Any changes of more than 5% are explained in a notes section including providing numerical references where appropriate. • Detailed summary results: This tab shows in excel format the detailed summary schedule produced by the cost allocation plan, so by central service the total cost allocated to each receiving department for the current year.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 17
This flux analysis workbook is an efficient way in which we are able to review the results of the cost plan with the City. This type of review also minimizes the number of draft reports that are reviewed by staff.

Deliverable Comparison of Cost Allocation Results (Excel) Meetings None
Estimated Co. Support 1 hour for Finance
Project Timeline Weeks 9-11
Task 5 Finalize the Cost Allocation Plan
Upon review and approval of the draft cost plan by central service departments and the Finance Department, the project team will finalize the Cost Allocation Plan and report.

The final deliverables associated with the Cost Allocation Plan will be:
• Cost allocation plan report: including all detailed allocation schedules, cost schedules, summary schedules, and narrative information regarding the central services included.
• Excel summary schedule: the results of the full cost allocation plan in Excel format for ease of calculations, incorporation into City documents, and review by staff. • Flux analysis: the excel workbook comparison between the City’s current plan or allocations and proposed cost plan.
• Comparison results memo: a memo summarizing the differences between the current and proposed plan, as well as recommendations for future updates.

This type of final work product ensures that information is available in a variety of formats for City staff to use. The detailed report serves as backup documentation; whereas the excel results can be input into budget documents. The flux analysis and comparison memo provide insight into major differences between current and proposed plan.

Deliverable Final Cost Allocation Report
Meetings None
Estimated City Support None
Project Timeline Weeks 10-14
Cost of Service/User Fee Study
This study aims to calculate the full (direct and indirect) cost associated with providing all citywide fee-related services and ensure that all current fees comply with state (Prop 26 & 218) and local guidelines. The following tasks provide our workplan for conducting the study.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 18
Task 1 Develop a Schedule of Current and Potential Fees for Service The scope of this effort will be all user fees charged by the City of Calimesa. Current as well as potential fees and charges will be identified and documented. The project team will work with staff to go through their current fee schedules in line-item by line-item detail. This meeting is critical in ensuring that staff can incorporate any updates or changes to the fee study based upon code, regulation, staffing, process, or technological changes. The focus of this meeting will be the following:
• Renaming fees: Rewording or renaming fees to clearly identify the service. • Eliminating fees: Removing any outdated services or fees leftover from county or other agencies as the City is no longer providing or has the jurisdiction to provide those services.
• Adding new fees: Capturing any new services or breaking out existing fee categories to clearly identify all the services being provided by city staff as well as identifying potential fees for service that the city would like to provide. • Recategorization of fees: Collapsing or expanding multiple fee ranges to better capture the services being provided. For example, eliminating lot ranges or acreages if those do not impact review amount, but adding in categories based upon approval body (i.e., Commission vs. Director level). • Building permit fee basis: Discussing options for charging building fees based upon project valuation or sq. ft. and occupancy type, and / or different types of fees for different types of projects.
• Cross-departmental support: Identifying other divisions / departments that work on fees, to ensure that the final fee calculated reflects the full cost to the City. • City and State surcharges: Capturing any city surcharges such as a Technology or General Plan Maintenance Fee as well as any state surcharges on the fee schedule to transparently show all fees.

The result of this meeting will be a revised and proposed fee structure for review by City departments. It is important to note that this meeting occurs first, as to ensure that any major proposed structural changes are captured prior to collecting time estimate information or developing draft fee results. However, there is the ability to make any adjustments throughout the study.

Deliverable Proposed Fee Structure(s)
Meetings Virtual Fee Structure Meeting with Each Department Estimated City Support 1 hour per involved City Departments Project Timeline Weeks 2-6

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 19
Task 2 Conduct Time Data Gathering Workshops
The project team will conduct workshops to gather time estimates for each service included in the study, interviewing key personnel from each department, and analyzing the various activities being performed. The flowchart shows an example of the steps involved in permit processing and time associated with each step.

As the flowchart above shows, basic process steps in application/permit processing will be documented and provided in detail for each department / division represented in the study. Where possible, the project team will try to minimize impact on staff by incorporating any baseline assumptions from prior city studies.

The project team will conduct multiple time estimate workshop(s) for each department included in the study, and the results of this workshop will be excel-based workbook(s) that staff can review. Staff will be provided time to provide any edits or comments on time estimate information.

Deliverable Time Estimate Workbook(s)
Meetings 2-3 Virtual Time Estimate Workshops with Each Department Estimated City Support 1-4 hours per involved City Departments Project Timeline Weeks 4-8
Task 3 Develop Fully Burdened Hourly Rates
Based on the City’s staffing and budget information, the project team will calculate fully burdened hourly rates inclusive of direct and indirect costs. The following points highlight the cost components and factors included in fully burdened rates:
• Direct costs: This component accounts for salary and benefits associated with each employee or position and is reflective of staffing and salary reports provided by the City.
• Indirect costs - departmental: This component accounts for administrative and management support provided to line level staff, as well as operational services and supplies which are used in the execution of job duties. This cost component is developed through interviews with staff, as well as an analysis of services and supply budgets.

Intake and
Processing
• Permit Tech
• 15 min
Routing
• Permit Tech
• 10 min
Initial Review
• Plan Checker
• 1 hr
Final Review
• Plan Check
Eng.
• 30 min
Issue Permit
• Permit Tech
• 15 min

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 20
• Indirect costs - citywide: This component accounts for citywide support such as Finance, HR, and Attorney support provided by other city departments. This cost component is derived from the City’s Full Cost Allocation Plan.

Once the cost components have been documented and developed, the project team will review MOU’s, and talk with departmental staff to determine appropriate productive hour calculations. This reduction in available hours will ensure that fully burdened hourly rates account for leave accruals (holiday, vacation, and sick), as well as any meetings or trainings.

The results of this analysis will be fully burdened hourly rates by position. The project team will utilize the results of this task along with Task 2 to calculate the full cost of services.

Deliverable Fully Burdened Hourly Rates
Meetings Virtual Meeting with Finance
Estimated City Support 1 hour for Finance
Project Timeline Weeks 5-10
Task 4 Perform a Total Cost Analysis
The Matrix Consulting Group’s costing model is built based on the City’s operations, budget detail and intended uses for the results. This method is a customized approach specific to each jurisdiction for cost analysis of user fee services. It is a “bottom-up” approach, which is the most defensible methodology for calculating user fees. The methodology incorporates the time estimate information (Task 2) and fully burdened hourly rate information (Task 3). The following graphic shows the cost calculation:

This costing method uses time and annual activity level data to establish the cost of providing services on both a unit and annual level. Once the time spent for a fee activity is determined for each individual or position, the team uses its fee and rate software to apply the fully burdened hourly rates calculated in the previous task.

Resulting costs are presented on a unit and annual level and are compared to the existing fee schedule and revenue reports. The following graphic shows a sample presentation:

Time
Estimate
Fully
Burdened
Rate
Full Cost
Fee

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 21
Per Unit
Fee Title Current
Fee
Total Cost
Per Unit
Surplus/(Deficit) Per
Unit Cost Recovery %
Lot Line Adjustment $900 $1,557 ($657) 58%
Temporary Use Permit $40 $325 ($285) 12%
AVERAGE COST RECOVERY PER UNIT 35%
Annual
Fee Title Workload Revenue at
Current Fee Revenue at Full Cost Annual Surplus/ (Deficit) Lot Line Adjustment 4 $3600 $6,228 ($2,628)
Temporary Use Permit 60 $2400 $19,500 ($17,100)
TOTAL $6,000 $25,728 ($19,728)
As the example in the graphic indicates, the per unit subsidy for the Lot Line Adjustment at $657 is more than double the per unit subsidy for the Temporary Use Permit. However, the annual results help provide Department management with some additional context, as due to the volume of activity, the larger impact to the Department is felt by the smaller subsidy for the Temporary Use Permit.

The City will obtain detailed information similar to that presented in the previous graphic regarding cost recovery surpluses and deficits on both a detailed (per unit) and global (annualized) level, as well as an understanding of cost components for each service.

Deliverable Per Unit and Annual Fee Study Results
Meetings 1-2 Virtual Draft Results Meetings per Department Estimated City Support 1-3 hours per City Department
Project Timeline Weeks 8-11
Task 5 Conduct a Market Rate Survey to Similar Jurisdictions The project team will work with the City to identify jurisdictions within Riverside County for the fee comparison survey. This comparative survey activity will be conducted utilizing the following steps:
• Developing fee scenarios for each department included in the study to be compared to other jurisdictions (i.e., Single Family Home 2,500 sq. ft. $325,000). • Graphing the results of the fee analysis for easy visual comparison purposes. • Collecting contextual information such as population size, budget, staffing, last time fee study was done, and last fee schedule update.

As market surveys do not provide adequate or objective information about the relationship of a jurisdiction’s costs to its fees, these steps ensure we provide the City with the most amount of information as possible.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 22
Deliverable Comparative Graphs (included in Draft Report) Meetings None
Estimated City Support None
Project Timeline Weeks 4-14
Task 6 Review / Revise Fee Study Results
Because the analysis of fees for service is based on estimates and information provided by City staff, it is extremely important that all participants are comfortable with our methodology and with the data they have provided. Once the departments agree that the analysis reflects the reasonable costs of providing services, City management will have an opportunity to review the results.

At this point in the process, the project team will provide Departments with Recommended Fee Workbooks. The Recommended Fee Workbooks will provide departments / divisions the results of the fee study in an excel based format. The following table shows an example of the Recommended Fee Workbook:

Current - Per Unit Results
Fee Title Current Fee Total Cost Surplus/(Deficit)
Per Unit
Cost Recovery
%
Lot Line Adjustment $900 $1,557 ($657) 58%
Temporary Use Permit $40 $325 ($285) 12%
Recommended Fee
Fee Title Recommended
Fee
$ Change to
Recommended
Fee
% Change to
Recommended Fee
Recommended
Fee Cost
Recovery %
Lot Line Adjustment $1,200 $300 33% 77%
Temporary Use Permit $100 $60 150% 31%
Recommended Fee Annual
Fee Title Workload Revenue at
Current Fee
Revenue at
Recommended Fee
Potential
Change in
Revenue
Lot Line Adjustment 4 $3,600 $4,800 $1,200
Temporary Use Permit 60 $2,400 $6,000 $3,600
TOTAL $6,000 $10,800 $4,800
As the table above indicates, the recommended fee workbook allows the Departments to input information into the Recommended Fee column and then see its impacts such as the dollar increase, percentage increase, and what percentage of their current costs they are going to recover. Additionally, the workbook allows the Department to calculate potential increases or declines to revenue because of the recommended fees.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 23
Deliverable Recommended Fee Workbooks
Meetings None
Estimated City Support None
Project Timeline Weeks 10-14
Task 7 Prepare a Draft User Fee Study Report
Upon conclusion of the fee study, we will prepare a detailed report that summarizes the results of each of the previous work tasks described above. This report will include:
• A succinct executive summary discussing the study, methodology, and the results. • A narrative describing the services included in the study. • A section on proposed modifications to the current fee schedule, including removal or addition of new fees for service.
• A section on per unit and annual results for each fee included in the analysis. • A comparative survey section outlining key fees and their comparison to other local jurisdictions, as well as contextual information regarding budget, staffing, and when they last conducted fee studies.

The draft report will be provided to user fee departments and city staff for any edits, comments, or revisions.

Deliverable Draft Fee Study Report
Meetings None
Estimated City Support 1-2 Hours per City Department to Review Report Project Timeline Weeks 10-16
Task 8 Finalize Fee Study Report
Any edits or revisions to the draft user fee study report will be incorporated into the finalized fee study report. This finalized fee study report will not only include all elements of the draft fee study report (Task 7), but also include any additional cost recovery considerations and policy considerations for council’s review.

Deliverable Final Fee Study Report
Meetings None
Estimated City Support None
Project Timeline Weeks 15-20

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 24
Task 9 Master Fee Schedule
Once the final user fee study report is approved, the project team will develop a master fee schedule, consolidating all fees in a singular location. The master fee schedule will include a numbering system, the department name, the fee title, the unit of application, the current fee, the total cost per unit calculated through the study, the difference, the cost recovery, the relevant rule / regulation that applies to the fee type, the staff recommended fee, and staff recommended cost recovery level. This type of attachment is extremely helpful for staff as part of the staff report provided to Council upon adoption.

Deliverable Master Fee Schedule
Meetings None
Estimated City Support None
Project Timeline Weeks 18-20
Project Schedule
Our estimate of the schedule for this project is 16-20, with both studies conducted concurrently. The following table outlines the timeframe for each task and deliverables.

Task
Project
Week(s) Deliverable

PROJECT WIDE TASKS
Data Collection Weeks 1-2 Data Collection and Project Schedule Memo Study Objectives Weeks 1-2 Initial meeting with key City staff Models and Training Weeks 20+ Delivery of excel models, training, and user guide Presentation of Results Weeks 20+ Council presentation

COST ALLOCATION PLAN
Interview Staff and Gather Data Weeks 2-5 Review of organizational changes, additional allocation metrics
Review Allocation Metrics Weeks 4-9 Review of allocation workbooks Structure Draft Full Cost Plan Weeks 6-10 Draft Cost Allocation Model Comparison of Draft Full CAP Weeks 9-11 Draft Cost Plan Report Finalize Full Cost Plan Weeks 10-14 Final Cost Plan Report

FEE STUDY
Current & Potential Fees Weeks 2-6 Provision of proposed fees Data Workshops Weeks 4-8 Time Estimate Workbooks
Fully Burdened Hourly Rates Weeks 5-10 Fully burdened hourly rates by position Total Cost Analysis Weeks 6-12 Draft Per Unit and Annual Cost Analysis Results Comparative Survey Weeks 4-14 Survey Results
Review/Revise Results Weeks 10-14 Draft Results Workbooks / Recommended Fees Draft Fee Study Report Weeks 10-16 Draft Fee Study Report Prepare Final Report Weeks 15-20 Final Fee Study Report Develop Master Fee Schedule Weeks 18-20 Consolidated Master Fee Schedule All presentations and model and training would happen after approval of results, and in accordance with staff preference and schedules.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 25
4 Fee Schedule
The following chart provides a breakdown of hours by team member and costs for each task area to conduct the requested scope of services.

Project
Executive
Project
Manager Analyst Total Cost

PROJECT WIDE TASKS
Data Collection 0 2 4 $850
Study Objectives and Schedule 2 2 2 $1,060
Excel Models & Training 0 4 8 $1,700
Presentation of Results 6 6 0 $2,460
Project Wide Tasks Subtotal 8 14 14 $6,070

FULL COST ALLOCATION PLAN
Interview Staff & Gather Allocation Metrics 0 2 6 $1,090 Review Draft Allocation Metrics 2 4 8 $2,150
Structure Cost Model 0 2 10 $1,570
Comparison to Previous Plan 0 2 6 $1,090
Finalize CAP 2 2 6 $1,540
Full and OMB CAP Subtotal 4 12 36 $7,440

USER FEE STUDY
Current & Potential Fees 0 4 6 $1,460
Time Data Workshops 2 10 16 $4,220
Fully Burdened Hourly Rates 0 2 12 $1,810
Total Cost Analysis 2 8 22 $4,570
Comparative Survey 0 0 16 $1,920
Review / Revise Results 2 8 10 $3,130
Draft Fee Study Report 2 6 16 $3,480
Final Fee Study Report 2 4 10 $2,390
Develop Master Fee Schedule 0 2 12 $1,810
Subtotal User Fee Study 10 44 120 $24,790
Total Hours 22 70 170
Hourly Rate $225 $185 $120
Total Professional Fees $4,950 $12,950 $20,400 $38,300
Total Project Cost $38,300
The Matrix Consulting Group proposes to perform the tasks and services associated with developing a cost allocation plan and conducting a comprehensive fee study for a fixed not-to-exceed fee of $38,300.

Our typical practice is to bill for hours worked monthly, with our contracts set up as fixed not-to-exceed price contracts. We are open to billing on a task or deliverable basis as well.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 26
5 References
The Matrix Consulting Group has worked with a variety of municipalities across the U.S. conducting cost allocation plans and user fee studies. The following table provides references for three current and previous clients for whom similar services were provided.

Client Client Contact Project Type
Menifee, CA
29844 Haun Road
Menifee, CA 92586
Margarita Cornejo
Financial Services Manager
(951) 723-3716
[email protected]
Cost Allocation Plan
Citywide User Fee Study
Development Impact Fee Study
Riverside, CA
3900 Main Street, 6th Floor
Riverside, CA 92522
Peter Kakos
Principle Management Analyst
(951) 826-2396
[email protected]
Review of existing Full Cost
Plan, Development of OMB Cost
Plan, and Development of CIP
Rates
Walnut, CA
21201 La Puente Road
Walnut, CA 91789
Joelle Guerra
Senior Planner
(909) 595-7543
[email protected]
Joelle Guerra
Senior Planner
(909) 595-7543
[email protected]
We would be happy to provide additional references or contact information upon request.

Proposal to Develop Cost Allocation Plan and Conduct a User Fee Study Calimesa, CA Matrix Consulting Group Page 27
6 Samples
The City of Calimesa has requested work samples for similar scopes of services. The following link includes a Cost Allocation Plan and User Fee Study conducted for the City of Menifee, a User Fee Study conducted for the City of Walnut, and a Cost Allocation Plan developed for the City of Lemon Grove:
https://drive.google.com/drive/folders/1uQsNatVvY2-pEcbsKtzD9obKBZSYpk-j?usp=share_link We are happy to provide additional work samples upon request.

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: FIRST AMENDMENT TO AGREEMENT FOR WEED ABATEMENT SERVICES BETWEEN THE CITY AND A.B. LANDSCAPE
MEETING DATE: January 17, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Weed Abatement Services between the City of Calimesa and A.B. Landscape, authorize the Mayor to execute the agreement, and direct the City Manager to take all actions necessary to implement the First Amendment.

BACKGROUND: On January 19, 2021, the City awarded a contract to A.B. Landscape for weed abatement services for the CFD areas within the JP Ranch. The contract term was from January 19, 2021 to January 18, 2023. The agreement allows the City to have the option of extending the term of the agreement for an additional two-year period. Staff determined that A.B. Landscape has satisfactorily performed services as described in the contract scope and finds that is in the City’s best interest to extend the agreement. A.B. Landscape has informed City staff of their intent to extend.

FISCAL IMPACT: The fiscal year 2022-23 CFD JP Ranch Maintenance Fund budget has monthly weed abatement services projected for $4,300 per month. No additional appropriation is being requested for this fiscal year as the approved budget supports the contract cost of monthly weed abatement services.

ATTACHMENTS:

Attachment A: First Amendment to Agreement for Weed Abatement Services Attachment B: Original Approved Agreement for Weed Abatement Services

FIRST AMENDMENT TO AGREEMENT FOR WEED ABATEMENT SERVICES

BETWEEN
THE CITY OF CALIMESA AND A.B. LANDSCAPE
This FIRST AMENDMENT to AGREEMENT FOR WEED ABATEMENT SERVICES (hereinafter “Agreement”), for reference purposes dated this __ day of DECEMBER 2022, is made and entered into by and between the CITY OF CALIMESA, CALIFORNIA (hereinafter “City”) and A.B. Landscape (hereinafter “Contractor”) with reference to the following facts:

RECITALS
WHEREAS, City and Contractor entered into a certain Agreement for weed abatement services at JP Ranch dated January 19, 2021; and
WHEREAS, the initial Agreement term was from January 19, 2021 to January 18, 2023; and
WHEREAS, the Agreement allows the City to have the option of extending the term of the agreement for one additional two-year period; and
WHEREAS, the City and Contractor desire to extend the Agreement for an additional two years to January 18, 2025.

NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor agree to amend the Agreement for Weed Abatement Services as follows:

AMENDMENT

1. Section 1 (Term) is hereby amended to read as follows:

The term of this Agreement shall be from January 19, 2023 to January 18, 2025 (Second Term), unless earlier terminated as provided herein.

2. Remainder Unchanged. Except as expressly amended in this First Amendment, the Agreement remains in full force and effect and binding upon City and Contractor.

3. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.

4. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

Attachment 8A

5. Effective Date. This First Amendment shall become effective on January 19, 2023.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first-above written.

City of Calimesa
By: ____________________________
William Davis, Mayor
ATTEST:

By: ____________________________
Darlene Gerdes, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Quinn M. Barrow, City Attorney
A.B. Landscape
By: _____________________________
Its: _____________________________
By: _____________________________
Its: _____________________________

Attachment 8B

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: NOTICE OF COMPLETION – NORTON YOUNGLOVE SENIOR CENTER ADA IMPROVEMENTS CDBG PROJECT # 5. CM. 01-21
MEETING DATE: January 17, 2023
PREPARED BY: Margaret Monson, Director of Public Works
RECOMMENDATION: That City Council accept the Norton Younglove Senior Center ADA Improvements CDBG Project # 5. CM. 01-21 as complete, authorize the Public Works Director to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the County Recorder’s Office and, if no claims are filed as of 35 days after recordation, release the 5% retention payment in the amount of $3,303.39 to IE General Engineering, Inc.

DISCUSSION: On April 18, 2022, Council awarded a contract to IE General Engineering, Inc., in the amount of $$46,067.70, for the reconstruction of ADA improvements in the parking lot and sidewalk access to the Norton Younglove Senior Center.

IE General Engineering completed all work to the satisfaction of the Public Works Department and Inspector.

FISCAL IMPACT: The construction was completed on time and $3,616.80 over budget. The project management combined with the construction management went over budget due to the obligation to apply for additional funding to cover the increased construction cost following bidding. The application, revised contracts and approvals through the County added additional staff time. Additional construction management staff time was required to cover the CBDG obligated certifications for construction payroll and expenses due to the repeated contractor certification submittals, three months after the construction was completed. The original budgeted amount for the combined efforts was $9,568. The final amount is $13,184.80, a difference of $3,616.80. Staff recommends moving $3,616.80 from the Capital Projects ADA fund to cover management staff time to close this project.

ATTACHMENTS:

Attachment A: Notice of Completion

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF CALIMESA

CITY CLERK
908 PARK AVENUE
CALIMESA, CA 92320
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the California Civil Code, notice is hereby given of completion of the following public work of improvement:

Project Name: NORTON YOUNGLOVE SENIOR CENTER ADA IMPROVEMENTS CDBG PROJECT #

5. CM. 01-21 (Bid No. 2020-02)
Date of Completion: January 4, 2023.

Name and address of Owner: City of Calimesa, 908 Park Avenue, Calimesa, CA 92320 Name and address of Contractor: IE General Engineering, Inc. 1440 Beaumont Avenue Blvd. Suite A2-130, Beaumont, CA 92223
Name and address of Construction Lender: None
Description of site: 908 Park Avenue. Calimesa, CA 92320 DATED: January 17, 2023

CITY OF CALIMESA
A Municipal Corporation
Margaret Monson, Public Works Director

VERIFICATION
I, the undersigned, say: I am the City of Calimesa City Clerk, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on January 17, 2023 at Calimesa, California
_____________________________________________
Darlene Gerdes, City Clerk
City of Calimesa
908 Park Avenue
Calimesa California, 92320
Attachment 9A

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: Tract 26811 – Singleton Canyon Debris Basin and Singleton Road Storm Drain: Riverside County Flood Control and Water
Conservation District (RCFCWCD) Easement
MEETING DATE: January 17, 2023
PREPARED BY: Michael Thornton, City Engineer
RECOMMENDATION: That City Council authorize Quitclaim Deed Execution Reconveying Easements for Operation and Maintenance Associated with both the Singleton Canyon Debris Basin and Singleton Road Storm Drain to Riverside County Flood Control and Water Conservation District (RCFCWCD).

BACKGROUND: On November 21, 2011, City Council approved the Cooperative Agreement with Singleton Road, LLC dba Mastercraft Residential and RCFCWCD. As part of this agreement, the City agreed to accept the irrevocable offer(s) of dedication from the developer necessary for the construction of the district drainage facilities which includes the Singleton Canyon Debris Basin and the Singleton Road Storm Drain.

Since the storm drain facilities have been completed and accepted, RCFCWCD is requesting that City Council authorize the conveyance of the easements for the Singleton Canyon Debris Basin and the Singleton Road Storm Drain system to RCFCWCD for the operation and maintenance of the system in accordance with the terms of the executed Cooperative Agreement between RCFCWCD, the City of Calimesa and Singleton Road, LLC dba Mastercraft Residential.

FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Quitclaim Deed

Attachment 10A

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: PURCHASE OF SPEED AND MESSAGE TRAILER
MEETING DATE: January 17, 2023
PREPARED BY: Eric Williamson (Maintenance Supervisor)
Margaret Monson (Director of Public Works)
RECOMMENDATION: That the City Council approve the purchase of a Speed Alert 24 Radar message sign for $17,566.02.

BACKGROUND: During the past 12 months, many residents of Calimesa have requested an additional traffic enforcement presence at more locations than the Sheriff’s Department can cover with existing staff and equipment. The requests have been made to the Sheriff’s Department, the Public Works Office and the City Hall Office. While the City currently has a radar trailer, it is no longer in working order and the manufacturer has stated the unit is obsolete. We can no longer repair the unit as many of the parts are no longer available. In addition, the Public Works Department has a demonstrated need for a changeable message sign (CMS).

The chosen trailer, Speed Trailer 24 from Traffic Solutions will be a multi-function unit. This unit can be used to assist the Sheriff’s Department in calming traffic, collect traffic data to better monitor the city and minimize speeding complaints. The unit can also be used as a CMS for upcoming construction projects, city events and general traffic control safety for road work for the Public Works Department.

It is well established that traffic safety is a very significant component under the public safety umbrella. To be responsive to the public, staff has researched options in which traffic safety can be visibly enhanced and has determined that a reasonable and cost-effective solution would be to add one radar trailer to the fleet of traffic safety vehicles.

The recommended trailer is equipped with a software package (Traffic Cloud) that will allow the trailer to collect data regarding traffic vehicle count and traffic speeds during the time of deployment.

The software package then converts the data to analytics that can be used to help Sheriff’s deputies identify and target specific areas for enhanced enforcement by day, time and location. Traffic engineers can also use the information to help identify areas in need of traffic calming measures.

There is an annual connectivity fee to the cell data network, which the first year is included in the quote.

The reason this unit was chosen specifically is its capabilities to handle all the needs the City is looking for. Specifically, all the items listed above plus sharing messages with drivers traveling up to 55 miles per hour, capturing license plates for use by the sheriff’s department for potential investigative purposes and red and blue violator strobe bar which will notify drivers that they are speeding. While other radar trailers would give us simple traffic data, this unit will provide us with extensive, meaningful data to use for years to come. Historically, we have had to rent or borrow CMS boards for events, which is costly and sometimes very difficult to find. This asset will extend the capabilities of the Public Works Department.

FISCAL IMPACT: The purchase of the Speed Alert 24 Radar message sign for $17,566.02 will increase expenditures in the General Fund, Public Works Department, Minor Equipment Account for Fiscal Year 2022-23. There are sufficient budgeted appropriations and savings available in the Public Works Department from the Professional Services account of $9,461 and Repairs and Maintenance Equipment account of $8,106 to support the purchase of this expenditure. Budgeted expenditures will be reclassified from Professional Services and Repairs and Maintenance accounts to the Minor Equipment account for $17,567 to purchase the Speed Alert 24 Radar message sign Subsequent years of the connectivity fee of $1,284.63, can be covered in the Public Works budget.

ATTACHMENTS:

Attachment A: Speed Trailer 24 Quote, Speed Trailer 18 Quote & Speed Trailer MPH Quote Attachment B: Traffic Reporting Data

QUOTE Q-70770
Questions contact:

DATE: 09/08/2022 PAGE
NO: 1
Mail Purchase
Orders to:
3100 Research Dr.

State College, PA
16801
All Traffic Solutions Inc.
14201 Sullyfield Circle,
Ste 300
Chantilly, VA 20151
Phone: 814-237-9005
Fax: 814-237-9006
DUNS #: 001225114
Tax ID: 25-1887906
CAGE Code: 34FQ5
Contract:

MANUFACTURER:

All Traffic Solutions
Grahm Zieba
x
[email protected]
Independent Sales Rep:

BILL TO: SHIP TO:

City Of Calimesa
908 Park Ave
Calimesa CA 92320
Billing Contact: 0034u00002lwSYCAA2
City Of Calimesa
908 Park Ave
Calimesa CA 92320
Attn: Eric Williamson

PAYMENT
TERMS:

Net 30
CUSTOMER: City Of
Calimesa
CONTACT:909-809-8714
ITEM NO: DESCRIPTION: QTY: EACH: EXT.

PRICE:
4000745 SpeedAlert 24 Radar Message Sign (RMS); base
unit (select mount separately)
1 $7,707.81 $7,707.81
4000750 App, Mobile User Interface perpetual license (only 1 req'd per account)
1 $85.64 $85.64
4001626 VZW communications prep 1 $0.00 $0.00
4000874 All Options Activation: Bluetooth, Traffic Data, Violator Alert, Pictures, ($3000 Value, requires
Traffic or Message Suite)
1 $0.00 $0.00
4000647 App, Traffic Suite (12mo); Equip Mgmt, Reporting, Image Mgmt, Alerts, Mapping and PremierCare
1 $1,284.63 $1,284.63
4001299 3 Year Warranty 1 $0.00 $0.00
4000173 Trailer, ATS-5 (select power separately) 1 $2,901.76 $2,901.76 4000636 Trailer Battery kit for ATS-5, 470Ah deep cycle batteries w/cover, hold down, cables& hdwr (iA24,
SA24)
1 $847.86 $847.86
4000740 Trailer Certificate of Origin 1 $0.00 $0.00
4000754 USB cable, 16ft, extra long for trailer or pole 1 $32.00 $32.00 4000838 Solar panel, 90W: includes bracket for ATS-5
trailer and harness
1 $940.00 $940.00
Attachment 11A

4000879 Violator Strobe, Red and Blue for ATS-5 for use with SA24
1 $800.00 $800.00
4100557 hrns, Power cord, iA w/ quick connects for trailer 1 $60.00 $60.00 4000641 Shipping and Handling Common Carrier 1 $1,934.00 $1,934.00 4000705 Sales Tax 1 $972.32 $972.32
SALES
AMOUNT:

Special Notes: $17,566.02
GSA contract pricing
TOTAL
USD:
$17,566.02
Duration: This quote is good for 60 days from date of issue.

Shipping Notes: All shipments shall be FOB shipper. Shipping charges shall be additional unless listed on quote.

Taxes: Taxes are not included in quote. Please provide a tax-exempt certificate or sales tax will be applied.

Warranty: Unless otherwise indicated, all products have a one year warranty from date of sale. Warranty extensions are a component of some applications that are available at time of purchase. A Finance Charge of 1.5% per month will be applied to overdue balances. GSA GS-07F-6092R Authorization: By Signing below, I indicate that my organization does not require a purchase order and I am authorized to commit my organization to this order.

Signature: Date:

Print Name: Title:
\signature1\ \date1\
\fullname1\ \title1\

QUOTE Q-70768
Questions contact:

DATE: 09/08/2022 PAGE
NO: 1
Mail Purchase
Orders to:
3100 Research Dr.

State College, PA
16801
All Traffic Solutions Inc.
14201 Sullyfield Circle,
Ste 300
Chantilly, VA 20151
Phone: 814-237-9005
Fax: 814-237-9006
DUNS #: 001225114
Tax ID: 25-1887906
CAGE Code: 34FQ5
Contract:

GSA: GS-07F-6092R
MANUFACTURER:

All Traffic Solutions
Grahm Zieba
x
[email protected]
Independent Sales Rep:

BILL TO: SHIP TO:

City Of Calimesa
908 Park Ave
Calimesa CA 92320
Billing Contact: 0034u00002lwSYCAA2
City Of Calimesa
908 Park Ave
Calimesa CA 92320
Attn: Eric Williamson

PAYMENT
TERMS:

Net 30
CUSTOMER: City Of
Calimesa
CONTACT:909-809-8714
ITEM NO: DESCRIPTION: QTY: EACH: EXT.

PRICE:
4000741 SpeedAlert 18 Radar Message Sign (RMS); base
unit w/ mounting bracket
1 $3,083.12 $3,083.12
4000750 App, Mobile User Interface perpetual license (only 1 req'd per account)
1 $85.64 $85.64
4001626 VZW communications prep 1 $0.00 $0.00
4000874 All Options Activation: Bluetooth, Traffic Data, Violator Alert, Pictures, ($3000 Value, requires
Traffic or Message Suite)
1 $0.00 $0.00
4000647 App, Traffic Suite (12mo); Equip Mgmt, Reporting, Image Mgmt, Alerts, Mapping and PremierCare
1 $1,284.63 $1,284.63
4001299 3 Year Warranty 1 $0.00 $0.00
4000173 Trailer, ATS-5 (select power separately) 1 $2,901.76 $2,901.76 4000635 Trailer Battery kit for ATS-5, 235Ah deep cycle batteries w/cover, hold down, cables& hdwr (Sh12;
Sh15; SA18; ATS5; iA18)
1 $423.93 $423.93
4000740 Trailer Certificate of Origin 1 $0.00 $0.00
4000754 USB cable, 16ft, extra long for trailer or pole 1 $32.00 $32.00 4000765 Mount Kit, adaptable trailer mounting for Sh15 or SA18 on ATS-5, incl: power adapter harness and
hardware
1 $100.00 $100.00

4000838 Solar panel, 90W: includes bracket for ATS-5
trailer and harness
1 $940.00 $940.00
4000793 Violator Strobe, Dual; Hardware for SpeedAlert 18, flash helps draw attention to the driver's speed.

Requires color assignment PN.
1 $394.96 $394.96
4000826 Strobe Color: Red and Blue (Requires 4000793
Dual Violator Strobe)
1 $0.00 $0.00
4100557 hrns, Power cord, iA w/ quick connects for trailer 1 $60.00 $60.00 4000641 Shipping and Handling Common Carrier 1 $1,934.00 $1,934.00 4000705 Sales Tax 1 $621.66 $621.66
SALES
AMOUNT:

Special Notes: $11,861.70
GSA contract pricing
TOTAL
USD:
$11,861.70
Duration: This quote is good for 60 days from date of issue.

Shipping Notes: All shipments shall be FOB shipper. Shipping charges shall be additional unless listed on quote.

Taxes: Taxes are not included in quote. Please provide a tax-exempt certificate or sales tax will be applied.

Warranty: Unless otherwise indicated, all products have a one year warranty from date of sale. Warranty extensions are a component of some applications that are available at time of purchase. A Finance Charge of 1.5% per month will be applied to overdue balances. GSA GS-07F-6092R Authorization: By Signing below, I indicate that my organization does not require a purchase order and I am authorized to commit my organization to this order.

Signature: Date:

Print Name: Title:
\signature1\ \date1\
\fullname1\ \title1\

Quote To: Calimesa, City of
908 Park Ave
Calimesa CA 92320
USA
Phone: Fax:

Email:

Customer #: 923201
Ship To: Calimesa, City of
908 Park Ave
Calimesa, CA 92320
USA
Phone #: Fax #:

Email:

Ship Via: Best Way GND
Eric Williamson (909)809-8714 [email protected] **Need loading dock for delivery ** USD
Line Part Description Rev
1 SPDPAT-BAS Speed Patrol trailer with two-18in.digit
speed display, and Slow Down
message,tuning fork
-
Sales Kit
--------------- Kit Components ---------------
Kit Seq. Part Number Description Qty Per

1.001 991024 TRAILER,SPD PTRL,W/O

DISPLAY
1 EA

1.002 990624C DISPLAY
ASSY,SMD,18",SD,AMB
1 EA

1.003 910828 RADAR,DRU3 W/CABLE 1 EA

1.004 903389 FORK,TUNING,35MPH K 1 EA

1.005 908265 PALLET,TRAILER,SHIPPI
NG 8'W X 7'L
1 EA

1.006 910961 CHRGR,BATT,12V,35A,3

STAGE,SWITCHING
1 EA
Quantity 1 EA Unit Price 7,917.00 Ext Price: 7,917.00
Line Part Description Rev
8 950875 BATTERY,DOZER,W/CABLE,W/CASE ND
** 1 Battery Included ** Trailer can hold 4 total batteries Quantity 1 EA Unit Price Ext Price:

Line Part Description Rev
9 950875 BATT,EX,DOZER,W/CABLE,W/CASE ND
Quantity 3 EA Unit Price 193.00 Ext Price: 579.00
Line Part Description Rev
10 951407 SOLAR,50WATT,SPEED PAT TRLR ND
With 4 batteries & Solar (LPR Cameras can be added)
Quantity 1 EA Unit Price 725.00 Ext Price: 725.00
Line Part Description Rev Drawing
11 951010 CHGBLE SPD LMT,SIGNS,24 x 30 ND ND
** Optional - Line listed but NOT included in total **
Quantity 0 EA Unit Price 215.00 Ext Price:

Line Part Description Rev
12 908232G01 LOCK ASSY,BAR 5' ND
Quantity 1 EA Unit Price 61.00 Ext Price: 61.00
Line Part Description Rev
13 951459BB STROBE LIGHT, BLUE/BLUE ND
** Option** (RED, BLUE OR WHITE)
Quantity 1 EA Unit Price 426.00 Ext Price: 426.00
QuotForm: SDH-PROD:Ver1.4 (2021-08-05) For detail Terms of Sale, please go to http://mpdinc.com/cos.htm Page: 1 of 2 QUOTE: 34077
MPH Industries, Inc.
316 East 9th Street
Owensboro KY 42303
Phone: 888-689-9222
Fax: 270-685-6288 Sales Person: Toni Thompson
Phone: 888-689-9222
Fax: 270-685-6288
Email: [email protected]
Date: 8/29/2022
Expires: 10/28/2022
Reference:

Terms: NET 30 DAYS

Line Part Description Rev
14 951770 SPEEDVIEW,TRAF,DATA,COLL -
** Option **
Quantity 1 EA Unit Price 797.00 Ext Price: 797.00
Line Part Description Rev
15 951783G01 BLUETOOTH ND
** Option**
Quantity 1 EA Unit Price 150.00 Ext Price: 150.00
Line Part Description Rev
16 951817 TABLET,SPEEDVIEW LITE ND
** Option **
Quantity 1 EA Unit Price 250.00 Ext Price: 250.00
Line Part Description Rev
17 550004 $0 Shipping per contract
Quantity 1 EA Unit Price Ext Price:

Line Part Description Rev
18 NASPO Contract NASPO Master Contract # 00218
Quantity 1 EA Unit Price Ext Price:

Total: 10,905.00
Plus shipping and any applicable taxes
QuotForm: SDH-PROD:Ver1.4 (2021-08-05)
Thank you for an opportunity to quote.

For detail Terms of Sale, please go to http://mpdinc.com/cos.htm Page: 2 of 2 QUOTE: 34077
MPH Industries, Inc.
316 East 9th Street
Owensboro KY 42303
Phone: 888-689-9222
Fax: 270-685-6288 Sales Person: Toni Thompson
Phone: 888-689-9222
Fax: 270-685-6288
Email: [email protected]
Date: 8/29/2022
Expires: 10/28/2022
Reference:

Terms: NET 30 DAYS

Connected Solutions for Better Traffic Safety Outcomes

SPEED, VOLUME AND

ENFORCEMENT REPORTS
AllTrafficSolutions.com
Attachment 11B

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SIGN EFFECTIVENESS
Traffic sign effectiveness by percentage
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EXTENDED SPEED

SUMMARY REPORT
Summary with average and
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speed, high and low speed,
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community relations
Prioritize enforcement resources
Demonstrate need for funding
and on grant applications
Reduce manual data collection
and file management

SPEED LIMIT VS. AVERAGE SPEED
Actual speeds relative to the Speed Limit – 85%, 50% and Average. The 85th percentile speed is the speed under which 85% of the traffic is traveling.

ENFORCEMENT PRIORITIES REPORT
Prioritizes sites, times of the day and day of the week for the most effective enforcement activity. Prioritizes by the 85% speed or a weighted analysis skewed towards either speed or volume.

COMPLIANCE AND RISK REPORT
Volume of traffic in each compliance range by hour, day or week. Set thresholds for medium and high risk speeds to visualize compliance levels at a site.

COMPLIANCE BY HOUR
Compliance by volume is most telling when traffic volume varies significantly over the time range, such as when viewing hourly compliance and the night and day volumes are significantly different.

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SPEED EFFECTIVENESS REPORT
Shows the percentage of vehicles slowed by a radar sign at a specific location by time of day – average final speed range vs. change in speed – for four speed ranges.

VOLUME BY SPEED REPORT
Traffic counts by speed range, full day and time of day over selected date range with 5-mph resolution.

VOLUME BY TIME REPORT
Average number of vehicles by date and time.

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City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: APPROVAL OF AGREEMENT FOR RIGHT-OF-WAY WEED
CONTROL.

MEETING DATE: January 17, 2023
PREPARED BY: Eric Williamson (Maintenance Supervisor)
RECOMMENDATION: That the City Council approve an agreement with Rene’s Commercial Management for Right-of-Way Weed Control in the amount of $13,800.

BACKGROUND: Rene’s Commercial Management has been providing right-of-way weed abatement services, operating on a routine annual agreement with the City. The annual service includes 2 herbicide applications; a 1
st pre-emergent spray followed by a 2nd post emergent spray.

The applications are typically started in February for maximum effectiveness. Rene’s Commercial Management warranties their work for one year and provides additional applications if needed to maintain a 90% control level.

In prior years, the contract cost was $10,000. Last year cost went up by 35% which was approved by council. On January 9, 2023, Rene’s Commercial Management notified staff of a 2% price increase due to rising material costs. A new quote was provided to the City in the amount of $13,800.

DISCUSSION: For 16 years, Rene’s Commercial Management has provided the City with exceptional service, but with this price increase the annual agreement now exceeds City Manager signature (per CMC) of $10,000. With the time constraint to start the first application, staff recommends executing this annual agreement. In the fall of 2023, staff will conduct formal bidding procedures for this service.

FISCAL IMPACT: Right-of-way weed abatement services are paid for by the Gas Tax fund. The 2022-23 approved budget contains $12,000. A mid-year budget adjustment of $1,800 will be recommended to fund the balance of the agreement. Therefore, no additional appropriation is being requested with this action.

ATTACHMENTS:

Attachment A: Annual Weed Control City Right-of-Way Agreement Attachment B: Rene’s Commercial Management Quote

CITY OF CALIMESA

ANNUAL WEED CONTROL

CITY RIGHT-OF-WAY
This Contract Agreement is made and entered into for the above-stated project this____ day of _________________________, 20_____, BY AND BETWEEN the CITY OF CALIMESA, as CITY and Rene’s Commercial Management, as CONTRACTOR.

CONTRACTOR agrees to receive and accept the prices set forth in the Proposal/Quote as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CONTRACTOR shall notify CITY if site conditions require any price variance from the estimated dollar amount of $13,800 prior to starting additional work. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents.

For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

The CONTRACTOR must possess a current City business license.

CONTRACTOR acknowledges the provisions of the California State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of that Code and certifies compliance with such provisions.

Contractor further acknowledges the provisions of the California State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.

CONTRACTOR agrees to indemnify, defend, and hold harmless CITY and all of its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder.

Attachment 12A

COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Calimesa prior to performing any work on this contract:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I shall comply with such provisions before commencing the performance of the work of this contract.
_____________________________________
Contractor
By:___________________________________
Title:_________________________________
Date:_________________________________
By executing this document, the CONTRACTOR is offering to provide the services set forth in the Proposal/Quote and upon written acceptance of the CONTRACTOR’S award by the City, it will have entered into a binding agreement.

CONTRACTOR
Signature: Date:

Print Name: Title:

Company Name:

Address:

City: State: Zip:

Email Address: Phone No:

CITY OF CALIMESA
William Davis, Mayor
ATTESTED BY:

Darlene Gerdes, City Clerk

René’s Commercial Management
1002 Luna Way * San Jacinto, CA 92583 *
Tel. (951) 830-0239 * Fax (951) 654-7563

PROPOSAL / QUOTE
FOR

RIGHT-OF-WAY WEED CONTROL

CITY OF CALIMESA, CA
January 9, 2023
We are pleased to offer, once again our management services to the City of Calimesa, we appreciate the opportunity in assisting the City in keeping the selected Right-of-Ways neat and weed free! Our company had maintained them for 17 years under the supervision of Department of Public Works (Eric Williamson), and we will work once again to help the City maintained City’s Right-of-Ways as we have for several years.

Since pre-emergent applications need moisture, (rain), and we would like soil contact to be effective with the herbicide application, we would recommend that any dry weeds that are higher a foot be cut or trim down for treatment to be more effective.

Even though, our proposal is for only (2) herbicide applications, we warranty our work, if any other applications are needed to give a 90%+ control level at all times, these other applications will be at "no extra charge", to the City. Treatment is only effective for 1 year.

We will apply the same EPA-CA registered herbicides to the roadsides with roadside application equipment the same as last year. The recommended pre-emergent herbicides are Goal 2XL and Karmex DF for the sensitive landscape areas and Oust XP and Karmex DF for non-sensitive areas, such as “open” Right-of-Ways, etc., for our post-emergent herbicide applications we recommend RangerPro and Garlon 4 Ultra.

PRICE:

Pre-emergent Weed Control:....................................................................................$8,876.25 2nd Post-emergent Weed Control:...........................................................................$4,623.75 Total Cost For Season Control:............................................................................$13,500.00 Price includes all labor, equipment, materials, and traffic control needed for this project.

Rene's Commercial Management
CA PCO # 31685
________________________________ __________________
Authorized Signature Date
(Quote is good for 15 days)
Attachment 12B

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: ORDINANCE ADOPTING BY REFERENCE THE 2022 EDITIONS

OF THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL,

MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING,

EXISTING BUILDING AND GREEN BUILDING STANDARDS
CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, AND THE 2021 EDITION

OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE,

WITH APPENDICES THERETO, INCLUDING AMENDMENTS,
ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE
CALIMESA MUNICIPAL CODE.

MEETING DATE: January 17, 2023
PREPARED BY: Ron Grider, Chief Building Official – Charles Abbott & Associates RECOMMENDATION: That the City Council:

1. Open the Public Hearing, receive public testimony and;

2. Conduct 2nd reading of Ordinance No. 389 by title only: An Ordinance Of The City Of Calimesa, California, Adopting By Reference The 2022 Editions Of The California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building And Green Building Standards Codes, Which Are Codified In Title 24 Of The California Code Of Regulations, And The 2021 Edition Of The International Property Maintenance Code, With Appendices Thereto, Including Amendments, Additions And Deletions; And Amending Title 15 Of The Calimesa Municipal Code and;

3. Adopt Resolution No. 2023-04, A Resolution of the City Council of the City of Calimesa, California making express findings and determinations that modifications to the 2022 California Building, Residential and Fire Codes are reasonably necessary because of local climatic, geological, or topographical conditions.

SUMMARY: The California Building Standards Commission (the “Commission”) adopted and published the 2022 California Building Standards Code (“State Building Codes”). The State Building Codes include the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building and Green Building Standards Codes. .

The proposed ordinance would adopt, with modifications, most codes comprising the 2022 Edition of the State Building Codes. Additionally, the proposed ordinance would adopt by reference the 2021 Edition of the International Property Maintenance Code as the City’s Property Maintenance Code.

BACKGROUND/DISCUSSION: The Commission updates and publishes the State Building Codes every three years as required by state law. The State Building Codes have been published by the Commission and are incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10 and 11 respectively.

Health and Safety Code section 17958 and 18938 states that the State Building Codes become effective 180 days following publication of new State Building Codes, unless modified by local jurisdictions. If a jurisdiction fails to modify the State Building Standards by, for example, adopting its own more restrictive building standards, the building standards in the State Building Codes automatically become effective within that jurisdiction.

Health and Safety Code section 17958.5 and 18941.5 permit modifications where “reasonably necessary because of local climatic, geological, or topographical conditions,” and section 17958.7(a) requires an express finding that such conditions exist. The proposed ordinance would adopt the 2022 Edition of the State Building Codes with certain modifications to the California Building, and Residential, Codes based on findings of necessity due to local climatic, geological, or topographical conditions.

Pursuant to Government Code Section 50022.2, any local agency is authorized to adopt an ordinance that adopts any code by reference, in whole or in part. Accordingly, Staff is recommending the adoption of the 2021 Edition of the International Property Maintenance Code as the City’s Property Maintenance Code.

To accomplish the adoption by reference of the State Building Codes as required, the first reading occurred at the December 19, 2022 meeting and the Public Hearing for the second reading of the proposed ordinance was scheduled for January 17, 2023 by the City Council. Further, the Notice of the public hearing was published in the Yucaipa/Calimesa Newsmirror.

If approved, the proposed ordinance would amend Title 15 of the Calimesa Municipal Code by repealing and replacing prior editions of the State Building Codes with the 2022 editions of the same.

In addition, it will adopt the 2021 Edition of the International Property Maintenance Code. This code adoption procedure is in accordance with Government Code Section 50022.2 and Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5.

Further, Health and Safety Code Section 17598.7(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geological, or topographical conditions and requires that the City Council, before making any modifications or changes to the Codes, make express findings that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions. The attached Resolution No. 2023-04 provides for the required findings.

The City of Calimesa Building and Safety Division have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the 2022 Editions of the California Building Code, California Residential Code, are reasonably necessary due to local conditions in the City of Calimesa. The changes and modifications are detailed in the attached Resolution No. 2023-04.

ENVIRONMENTAL: The adoption of the ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may

have a significant effect on the environment, because the ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

ATTACHMENTS:

Attachment A: Ordinance No. 389
Attachment B: Resolution No. 2023-04

ORDINANCE NO. 389

AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF CALIMESA, CALIFORNIA, ADOPTlNG BY REFERENCE, AND AMENDING PART 1 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ADMINISTRATIVE CODE; PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA BUILDING CODE VOLUMES 1 AND 2, WITH APPENDICES, F G, H, I, J N AND CHAPTER 1 DIVISION II; PART 2.5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA RESIDENTIAL CODE, WITH APPENDICES; PART 3 OF TITLE 24OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ELECIRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA PLUMBING CODE, WITH APPENDIX H; PART 6 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA ENERGY CODE; PART 8 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA HISTORIC BUILDING CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA EXISTING BUILDING CODE; PART 11 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; PART 12 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; THE 2021 EDITION OF THE INTERNATIONAL PROPER'IY MAINTENANCE CODE AND APPENDIX H; THE 2021EDITION OFTHE UNIFORM CODE FOR SOLAR ENERGY INSTAI.LATIONS, WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE .

WHEREAS, the City of Calimesa has adopted the 2022 Editions of Codes comprising the California Building Standards Code, and has adopted the 2021 Edition of the International Property Maintenance Code;
WHEREAS, Health and Safety Code Section 18938(b) provides that the most recent editions of the the California Building Code, Appendix Chapter 1 of the Uniform Code for Building Conservation, the California Plumbing Code, the California Electrical Code, and the California Mechanical Code, as referenced in the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after by the California Building Standards Commission (hereinafter referred to as the "Commission") or at a later date after publication established by the Commission;
WHEREAS, the 2022 California Building Code, Volumes 1 and 2, 2022 California Residential Code, 2021 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Energy Code, 2022 Historical Building Code, 2022 Existing Building Code, and 2022 California Green Building Standards Code, and Appendices (collectively, “Codes”) have been published by the Commission and incorporated into Title 24 of the California Code of Regulations, as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11 respectively; Attachment 13A

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow certain amendments to the Codes to be made by a local government provided findings of necessity, based on certain local conditions, can be made; WHEREAS, the City Council of the City of Calimesa is authorized, pursuant to Section 50022.2, et seq., of the California Government Code, to adopt the Codes and other uniform codes as a primary code, by reference, in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and
WHEREAS, this Ordinance amends Title 15 of the Calimesa Municipal Code by repealing references to the prior editions of the codes and making clear that the 2022 Codes are now in effect in the City of Calimesa.

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

Section 1. Chapter 15.05 (“Adoption of the 2019 Edition of the California Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.05
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE Sections: 15.05.010 Adoption of the California Building Code, 2022 Edition.

15.05.020 Amendments.

15.05.030 Regulation of building construction.

15.05.010 Adoption of the California Building Code, 2022 Edition.

The 2022 Edition of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), including Volumes 1 and 2, based on the 2021 International Building Code as published by the International Code Council, is hereby adopted by reference. A copy of the building code as adopted is on file in the office of the building official and is open to public inspection.

15.05.020. THE CALIFORNIA BUILDING CODE IS AMENDED AS FOLLOWS:

A. Except as hereinafter provided, the California Building Code, Chapter 1, Division II, 2022 Edition, is hereby made a part hereof as though set forth in full and the same shall be established and adopted as the rules, regulations, provisions and conditions for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use and maintenance of buildings or structures in the City, and is hereby adopted by reference as the Scope and Administration Provisions of the City of Calimesa.

B. California Building Code, Chapter 1, Division II ("Scope and Administration"), as adopted herein, is amended as follows:

Section 104.8 Liability. The Building Official or his or her authorized representative as employees or acting under contract as agents of this jurisdiction, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may occur to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction, because of such act or omission performed by the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.

This Code shall not be construed to relieve from or lessen the responsibility of any such person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or permits or certificates issued under this Code.

Section 105.2 Work exempt from a permit of Chapter 1 of the California Building Code is hereby amended by amending exemptions 2 and 9 to read as follows:

2. Fences not over 6 feet (2134 mm) high. Block walls not over 4 feet

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

14. Decks not over 200 square feet (18.58 m2) in area, that are not more than 30 inches (762mm) above grade at any point, and not attached to a dwelling and do not serve the exit door required by Section R311.2.

Section 105.5 Expiration. Every residential permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. Every commercial permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. The building official is authorized to grant, in writing, only one extension of time for a period of 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

Section 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems, grading or alterations requiring a permit, a fee for each permit shall be paid as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, solar, fire and grading permits. When a plan or other data is required to be submitted by Section 106.1, the plan review fee, established by city council resolution, must be paid at the time of submitting plans and specifications for review.

Section 109.6.1 Fee refunds. Section 109.6.1 of Chapter 1, Division II is added to the CBC to read as follows:

109.6.1 Fee Refunds. The Building Official may authorize a refund of any fee that was erroneously paid or collected.

The Building Official may authorize a refund of not more than 80 percent of the applicable permit fee paid when no work has been done under the permit.

The Building Official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn or canceled before any examination time has been expended.

The Building Official may not authorize a refund of any fee paid except upon written application filed by the original permittee no later than 180 days after date of fee payment.

Section 109.7 Investigation fees: Work without a permit. Section 109.7 of Chapter 1 Division II is added to the CBC to read as follows:
109.7. Investigation Fees: Work without a Permit.
109.7.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation will be made before a permit may be issued.
109.7.2 Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The investigation fee must be equal to the amount of the permit fee required by this code and will be established by City Council resolution. The payment of such investigation fee will not exempt an applicant from compliance with all other provisions of either this code or the technical codes, nor from the penalty prescribed by law.

Section 109.8 Reinspection fees Section 109.8 of Chapter 1, Division II is added to the CBC to read as follows:
109.8 Reinspection Fees. A reinspection fee may be imposed for each inspection or reinspection, when such portion of work for which inspection is called is not complete or when required corrections are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as a method of controlling the practice of calling inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be imposed when the inspection record card is not posted, or otherwise not available on the work site; the approved plans are not readily available to the inspector; for failure to provide access on the date for which the inspection is requested; or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant must file an application in writing upon a cityapproved form and pay the applicable reinspection fee.

In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

Section 111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit and approvals; provided that such portion or portions shall be occupied safely, and approvals granted from associated departments. The building official shall set a time period during which the

temporary occupancy is valid, and the applicant shall provide a bond or cash deposit for the cost of completion of the work.

Section 113.3 Board of appeals qualifications The City Council shall be designated as the board of appeals.

Section 202 Definitions. CBC Sections 202, Barrier, Spa, Non-self-Contained; Spa, SelfContained is added to the CBC; and amending the definition of Swimming Pool by revising these definitions to read as follows:

Barrier. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

Swimming Pools. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches.

The term, “pool,” includes swimming pools, spas, hot tubs, above-and below- ground, and vinyllined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to manmade lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

SPA, NON-SELF-CONTAINED means a hydro-massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non-selfcontained spa is intended for recreational bathing and contains water over 18 inches deep.

SPA, SELF-CONTAINED means a continuous-duty appliance in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

Section 1505 Fire Classification. Section 1505.1 of the CBC is amended to read as follows:

Section 1505.1 General. Roof assemblies shall be divided into classes defined in this section.

Class A and B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790.

Table 1505.1 is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
FOR SI: 1 FOOT = 304.8 MM, 1 square foot = 0.0929m2
a. Unless otherwise required in accordance with Chapter 7A Section 1505.1 of the 2022 Edition of the California Building Code is hereby amended to read as follows:

1505.1 Roof assembly requirements. The roof assembly on any structure regulated by this code shall be as specified in Table 1505.1 except that only fire retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.

Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

Section 1505.1.2 Roof Coverings within all other areas. Section 1505.1.2 of the CBC is amended to read as follows:

Section 1505.1.2 The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A The following provision is hereby added to Volume 2, Chapter 31 of the California Building Code ("Special Construction") as follows:

Section 3109.1 General. Section 3109.1 of the CBC is amended to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with this code.

Section 3109.3 Residential Swimming Pools. Sections 3109.3 is added to the CBC to read as follows:
3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with Amended California Residential Code Appendix AX Section 3109.3.1 Barrier height and clearances. Sections 3109.3.1 through 3109.3.3 are added to read as follows:
3109.3.1 Barrier Height and Clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches.
3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4-inch-diameter sphere.
3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45

inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 ¾ inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 ¾ inches in width.
3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches. Where there are decorative cutouts within vertical members, spacing must not be greater than 1 ¾ inches in width. 3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 ¾ inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 ¾ in width. 3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 ¾ inches. 3109.3.1.6 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self- closing and have a self-latching device.

Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.
3109.3.1.7 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code.
3109.3.1.8 Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch-diameter sphere. 3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3
3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36” between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.

Section 3109.4 Residential Swimming Pools. Sections 3109.4 is added to the CBC to read as follows:
3109.4 Withholding approval. Plaster inspection or approval to fill a pool or spa with water shall be withheld by the Building Official, until there has been compliance with all fencing and other requirements of this Section.

Appendices deleted. Appendices A, B, C, D, E, and K are deleted.

Appendix J 103 Permits Required. Appendix J, Section 103.2 of the California Building Code is hereby revised to read as follows:

Section JI03.2 Exemptions. A grading permit shall not be required for the following:

When approved by the building official, grading. which consist of a fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 2ft in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. Such grading shall be in an isolated, self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties.

Excavation for construction of a structure permitted under this code.

Cemetery graves.

Refuse disposal sites controlled by other regulations.

Excavations for wells, or trenches for utilities.

Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. Exploratory excavations performed under the direction of a registered design professional.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Section J104.2.1 Grading Designation. Section J104,2,1 is added to the CBC to read as follows:

Section JI04.2.1 Grading Designation. All grading exceeding 500 cubic yards must be performed in accordance with the approved grading plan prepared by a civil engineer, and will be designated as engineered grading. Grading involving less than 500 cubic yards will be designated regular grading, unless Public Works Director or Building Official’s determines that special conditions or unusual hazards exist, in which case the grading must conform to the requirements for engineered grading.

Section J104.2.2 Engineered Grading Requirements. Section J104,2,2 is added to the CBC to read as follows:

Section JI04.2.2 Engineered Grading Requirements. Application for a grading permit must, at a minimum, be accompanied by, but not be limited to, two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications must be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the Public Works Director or Building Official.

Specifications must contain information covering construction and material requirements.

Plans must be drawn to scale upon substantial mylar; must be of sufficient clarity to indicate the nature and extent of the work proposed; and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans must give the location of the work, the name and address of the owner, and the person who prepared the plans.

The plans must include, but not be limited to, the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property, or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report must be incorporated in the grading plans or specifications. When approved by the Public Works Director or Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms, or individuals, who prepared the reports.

Appendix J, Section 105.1 is amended by inserting the following sentence after the first sentence of Section J105.1 to read: 'All grading equaling or greater than 5000 cubic yards shall be reviewed, permitted and inspected by the City Engineer or the Building Official.

15.05.030 Regulation of building construction.

Each and all of the regulations, provisions, conditions and terms of the California Building Code, as adopted by this chapter, shall govern and regulate the erection, construction, enlargement, alteration, repair, moving, removing, demolition, conversion, occupancy, equipment, use height, area, maintenance, issuance of permits and collection of fees for such permits, of all buildings or structures within the city of Calimesa.”
Section 2. Chapter 15.10 ("Adoption of the 2022 Edition of the California Fire Code") of Title 15 ("Buildings and Construction") of the Municipal Code of the City of Calimesa is hereby amended to read as follows:

Section 3. Chapter 15.15 (“Adoption of the 2019 Edition of the California Electrical Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.15
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE Section: 15.15.010 Adoption of the California Electrical Code, 2022 Edition.

15.15.010 Adoption of the California Electrical Code, 2022 Edition.

The 2022 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), based on the 2020 National Electrical Code as published by the National Fire Protection Association, is hereby adopted by reference. A copy of the electrical code as adopted is on file in the office of the building official and is open for public inspection.” Article 310.106(B) Conductor Material is amended by the addition of second paragraph to read as follows:

Copper wire to be used for wiring No. 6 and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured.

Article 310 Conductors for General Wiring is amended by the addition of Article 310.121 to read as follows:
310.121 Continuous inspection of aluminum wiring. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torque of connections at their termination point. c) Article 690.13 Building or Other Structure Supplied by a Photovoltaic System:
(A) Location. The PV disconnecting means shall be installed at a readily accessible location outside of a building or structure nearest the point of entrance of the system conductors. d) Article 690.13 Building or Other Structure Supplied by Photovoltaic Systems, is amended by addition to read as follows:
(A)Location. The PV disconnecting means shall be installed at a readily accessible location on the outside of a building or structure nearest the point of entrance of the system conductors. A single visible, lockable AC disconnect shall be within 3 feet of the meter on the exterior of the building.

Section 4. Chapter 15.20 (“Adoption of the 2019 Edition of the California Plumbing Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.20
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE Section: 15.20.010 Adoption of the California Plumbing Code, 2022 Edition.

15.20.010 Adoption of the California Plumbing Code, 2019 Edition.

The 2019 Edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), based on the 2018 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference. A copy of the plumbing code as adopted is on file in the office of the building official and is open to public inspection.”
Section 719.0 Cleanouts. Section 719.1 Location is amended to read:

Section 719.1 Locations. Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade, cleanouts are prohibited in garage floors.

The City hereby repeals Section 15.04.050 ("Uniform Swimming Pool, Spa and Hot Tub Code adopted") of Title 15 of the Yucaipa Municipal Code in its entirety.

Section 5. Chapter 15.25 (“Adoption of the 2019 Edition of the California Mechanical Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.25
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE Section: 15.25.010 Adoption of the California Mechanical Code, 2022 Edition.

15.25.010 Adoption of the California Mechanical Code, 2019 Edition.

The 2022 Edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference. A copy of the mechanical code as adopted is on file in the office of the building official and is open for public inspection.”
Section 6. Chapter 15.30 (“Adoption of the 2019 Edition of the California Green Building Standards Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.30
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE
Section: 15.30.010 Adoption of the California Green Building Standards Code, 2022 Edition.

15.30.010 Adoption of the California Green Building Standards Code, 2019 Edition.

The 2022 Edition of the California Green Building Standard Code (Part 11 of Title 24 of the California Code of Regulations) is hereby adopted by reference. A copy of the green building standards code as adopted is on file in the office of the building official and is open for public inspection.”

Section 7. Chapter 15.35 (“Adoption of the 2022 Edition of the California Residential Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.35
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE Sections: 15.35.010 Adoption of the California Residential Code, 2022 Edition.

15.35.015 Amendments

15.35.020 Amendments.

15.35.010 Adoption of the California Residential Code, 2022 Edition.

The 2022 Edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) is hereby adopted by reference. A copy of the residential code as adopted is on file in the office of the building official and is open for public inspection.

15.35.015 Amendments.

Table R301.2 is Revised to read as follows:

TABLE 301.2

CLIMATIC AND GEOGRPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
WIND DESIGN Seismic
Design
Category
Subject To Damage From
Speed Topographic
Effects
Special
Wind
Region
Wind
Bourne
Debri
Weathering Frost
Line
Depth
Termite Winter
Design
Temp
Ice Barrier
Underlayment
Flood
Hazard
Air
Freezing
Mean
Annual
Temp
Zero 95/110 Yes No/Yes No D1,D2,or E Negligible 12-24” Very Heavy
43 N0 Yes/No 0 63

15.35.020 Amendments.

Section R403 Footings Section R403.1.2, R 403.1.3, R403.1.4, R403.1.5 and R403.1.61 of the CRC are amended to read as follows:

R403.1.2 Continuous Footings in Seismic Design Categories D0, D1, D2, and E. Exterior walls of buildings located in Seismic Design Categories D0, D1, D2, and E, must be supported by continuous solid or fully grouted masonry or concrete footings. Other footing materials or systems must be designed in accordance with accepted engineering practice. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1, D2 and E must be supported by continuous footings. All required interior braced wall panels in buildings must be supported by continuous footings.

The exception is deleted in its entirety.

R403.1.3 Footing and Stem wall reinforcing in Seismic Design Categories D0, D1, D2 and E.

Concrete footings located in Seismic Design Categories D0, D1, D2, and E, as established in Table R301.2(1), must have minimum reinforcement in accordance with this section and Figure R403.1.3. Reinforcement must be installed with support and cover in accordance with Section R403.1.3.5.

R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories D0, D1, D2, and E, where a construction joint is created between a concrete footing and a

concrete stem wall, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4’) on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must support and cover as specified in Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar must be located 3 to 4 inches from the bottom of the footing.

R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0, D1, D2, and E, where a masonry stem wall is supported on a concrete footing, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4’) on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must have support and cover as specified in Section R403.1.3.5.3 and extend a minimum of 14 inches into the stem wall. Standard hooks must comply with Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the wall and one No. 4 horizontal bar must located 3 to 4 inches from the bottom of the footing. Masonry stem walls must be solid grouted.

R403.1.3.3 Slabs-on-ground with turned-down footings. In Seismic Design Categories D0, D1, D2, and E, slabs on ground cast monolithically with turned-down footings must have a minimum of one No. 4 bar at the top and the bottom of the footing or one No. 5 bar or two No. 4 bars in the middle third of the footing depth. Where the slab is cast monolithically with the footing, No. 3 or larger vertical dowels with standard hooks on each end must be installed at not more than 4 feet on center in accordance with Figure R403.1.3, Detail 2.

Standard hooks must comply with Section R608.5.4.5.

R403.1.3.4 Interior bearing and braced wall footings in Seismic Design Categories D0, D1, D2, and E. In Seismic Design Categories D0, D1, D2, and E, interior footings supporting bearing walls or braced wall panels, and cast monolithically with a slab on grade, must extend to a depth of not less than 12 inches below grade.

R403.1.3.6 is deleted in its entirety.

R403.1.6.1 Foundation anchorage in Seismic Design Categories C, D0, D1, D2, and E. In addition to the requirements of Section R403.1.6, the following requirements apply to wood light-frame structures in Seismic Design Categories D0, D1, D2, and E and wood lightframed townhouses in Seismic Design Category C.

Section R902.1 of the 2019 Edition of the California Residential Code is hereby amended to read as follows:

R902.1 Roofing covering materials. The roof assembly on any structure regulated by this code shall be as set forth in Sections R904 and R905, except that only fire-retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790.

Exception: The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.” Section 8. Chapter 15.40 (“Adoption of the 2018 Edition of the International Property Maintenance Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:

“Chapter 15.40”
ADOPTION OF THE 2018 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE
Section: 15.40.010 Adoption of the International Property Maintenance Code, 2021 Edition.

15.40.010 Adoption of the International Property Maintenance Code, 2021 Edition.

The 2021 Edition of the International Property Maintenance Code is hereby adopted by reference.

A copy of the international property maintenance code as adopted is on file in the office of the building official and is open for public inspection.”
Section 9. Section 15.45.010 (“Penalties”) of Chapter 15.45 (“Building Code Violations”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“15.45.010 Penalties.

A. No person shall violate any provision or fail to comply with any of the requirements of Chapters

15.05 through 15.40 and 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes thereby adopted. Unless a different penalty is prescribed for violation of specific provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes adopted thereby, every act prohibited or declared unlawful and every failure to perform an act made mandatory by Chapters 15.05 through 15.40 and 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes thereby adopted, is punishable as a misdemeanor. Where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 of the Calimesa Municipal Code.

Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of Chapters 15.05 through 15.40 or 15.75 through

15.85 of the Calimesa Municipal Code, or of the codes adopted thereby, is committed, continued, or permitted by such person and shall be punishable accordingly.

B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 of the Calimesa Municipal Code, or of the codes thereby adopted, shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. The city shall further be reimbursed its attorneys’ fees and costs of abatement, as provided by law.

C. All remedies herein are stated to be cumulative and nonexclusive.” Section 10. Section 15.45.020 (“General penalty”) of Chapter 15.45 (“Building Code Violations”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“15.45.020 General penalty.

Except in cases where a different punishment is specifically prescribed elsewhere in Chapters

15.05 through 15.40 or 15.75 through 15.85 of the Calimesa Municipal Code or in the codes adopted thereby, every misdemeanor offense is punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both; and every offense prosecuted as an infraction shall be punishable by a fine not exceeding $100.00 for a first

violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. Any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 of the Calimesa Municipal Code.”
Section 11. Chapter 15.50 (“Roofing and Reroofing Materials for Commercial and Residential Buildings”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.50

ROOFING AND REROOFING MATERIALS FOR COMMERCIAL AND RESIDENTIAL

BUILDINGS
Sections: 15.50.010 Waiver of Class A roofing requirements.

15.50.020 Reroofing an existing structure.

15.50.010 Waiver of Class A roofing requirements.

A waiver of the Class A roofing requirement specified in Section 1505.1 of the 2022 Edition of the California Building Code and the use of Class B or C roof assemblies may be applied for only when an addition to an existing structure will not increase the combustible roof area by more than 25 percent. If a waiver of this requirement is desired, an application for waiver shall be filed with the building official.

The building official shall determine if a waiver is appropriate. An appeal of the building official’s decision to deny a waiver may be made to the planning commission if a written notice of the appeal is filed with the city clerk within ten (10) days of the date of the building official’s decision.

The decision of the planning commission to affirm the building official’s denial of a waiver may be appealed to the city council if a written notice of the appeal is filed with the city clerk within ten (10) days of the date of the commission’s decision. The decision of the city council shall be final.

15.50.020 Reroofing an existing structure.

The Class A roofing requirement specified in Section 1505.1 of the 2019 Edition of the California Building Code shall not apply to the partial reroofing of an existing structure where the reroofing repairs, replaces, or overlays less than 25 percent of the roof area of the structure. If the reroofing repairs, replaces, or overlays more than 25 percent but less than 50 percent of the roof area of the structure, this requirement shall apply, but an application for a waiver of this requirement may be filed with the building official. The building official shall determine if a waiver is appropriate.

An appeal of the building official’s decision to deny a waiver may be made in accordance with Calimesa Municipal Code Section 15.50.010. No application for a waiver may be filed or granted if the reroofing repairs, replaces, or overlays 50 percent or more of the roof area of the structure.” Section 12. Chapter 15.75 (“Adoption of the 2019 Edition of the California Energy Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.75
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA ENERGY CODE Section: 15.75.010 Adoption of the California Energy Code, 2022 Edition.

15.75.010 Adoption of the California Energy Code, 2022 Edition.

The 2022 Edition of the California Energy Code (Part 6 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the energy code as adopted is on file in the office of the building official and is open to public inspection.”
Section 13. Chapter 15.80 (“Adoption of the 2019 Edition of the California Historical Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.80
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA

HISTORICAL BUILDING CODE
Section: 15.80.010 Adoption of the California Historical Building Code, 2022 Edition.

15.80.010 Adoption of the California Historical Building Code, 2022 Edition.

The 2019 Edition of the California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the historical building code as adopted is on file in the office of the building official and is open to public inspection.”
Section 14. Chapter 15.85 (“Adoption of the 2019 Edition of the California Existing Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:
“Chapter 15.85
ADOPTION OF THE 2022 EDITION OF THE CALIFORNIA

EXISTING BUILDING CODE
Section: 15.85.010 Adoption of the California Existing Building Code 2022 Edition.

15.85.010 Adoption of the California Existing Building Code, 2022 Edition.

The 2019 Edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the existing building code as adopted is on file in the office of the building official and is open to public inspection.”
Section 15. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Calimesa hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions were to be declared invalid or unconstitutional.

Section 16. The adoption of this ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, because the ordinance will impose greater limitations

on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

Section 17. Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law.

INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 19th day of December 2022:

AYES: Davis, Hewitt, Manly and Molina
NOES: None
ABSENT: Cervantez
ABSTAIN: None
PASSED, APPROVED AND ADOPTED this 17th day of January, 2023 upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________

BRENDAN KEARNS, ASSISTANT CITY ATTORNEY

1 RESOLUTION NO. 2023-04

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

CALIFORNIA MAKING EXPRESS FINDINGS AND DETERMINATIONS
THAT MODIFICATIONS TO THE 2022 CALIFORNIA BUILDING,

RESIDENTIAL AND FIRE CODES ARE REASONABLY NECESSARY

BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL

CONDITIONS
WHEREAS, Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 provide that the City of Calimesa may adopt ordinances and regulations imposing the same or modified requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Standards Administrative Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Historical Building Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code and the California Reference Standards Code (hereinafter referred to collectively as "Codes"); WHEREAS, Health and Safety Code Section 17598.7(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions.

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

Section 1. The City of Calimesa Building and Safety Division have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the 2022 Editions of the California Building Code, California Residential Code, are reasonably necessary due to local conditions in the City of Calimesa as described below:

I. Climatic Conditions:

A. The City of Calimesa located in Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi-arid Mediterranean weather patterns. Eastern Attachment 13B

2 Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range.

Both areas outside of the mountain terrain annually experience extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 98 M.P.H. or greater, are common to the area. Examples are: Santa Ana/ Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.

These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, locating and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, will greatly impact the response time to reach an incident scene. During these winds, the inability to use aerial type firefighting apparatus would further decrease our ability to stop fires in large buildings and place rescue personnel at increased risk of injury.

B. Although Riverside County and the City of Calimesa occasionally experiences periods of significant drought; the County can also experience periods of substantial rainfall. When experiencing heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.

C. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

3 II. Topographical conditions
A. Much of the eastern and southeastern portions of the city are in the wild-land urban interface (WUI). This creates unique challenges with development in terms of emergency access, adequate water supply and an extended response time from the nearest fire stations(s). The City of Calimesa has topographic conditions consisting of slopes greater than 40 percent in areas covered with large amounts of densely covered dry vegetation through most of the year.

III. Geological Conditions
Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.

The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in tum, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology. Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus).

Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).

A. Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.

B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5-minute goal.

Section 2. Amendments to the 2022 Edition of the California Building Code and California Residential Building Code, as contained in City of Calimesa Ordinance No. 368 are found reasonably necessary based on the climatic, geological and/or topographical conditions and are listed as follows:

4 2022 CODE

SECTION TITLE/SUBJECT FINDINGS I, II, III
CBC
104.8 Liability Administrative
105.2 Work Exempt from Permit Administrative
105.5 Expiration Administrative
109.2 Schedule of Permit Fees Administrative
109.6.1 Fee Refunds Administrative
109.7 Investigation Fees Work Without a Permit Administrative 109.8 Reinspection Fees Administrative
111.3 Temporary Occupancy Administrative
113.3 Board of Appeals Qualifications Administrative
202 Definitions Administrative
1505 Fire Classification I & II
1505.1 Roof Assembly Requirements I & II
1505.1.2 Roof Coverings Within All Other Areas I & II
CRC
R301.2 Climatic and Geographic Design Criteria I, II & III R403 Footings III
R403.1.2 Continuous Footings III
R403.1.3 Footings and Stm Walls III
R403.1.3.1 Concrete Stem Walls III
R403.1.3.2 Masonry Stem Walls III
R403.1.3.3 Slab on Ground III
R403.1.3.4 Interior Bearing and Braced Wall Footings III R403.1.3.6.1 Foundation Anchorage III

5 Section 3. The City Clerk shall certify to the adoption of this resolution, shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City, and shall cause a copy hereof to be forthwith transmitted to the California Building Standards Commission.

Section 4. This Resolution shall take effect upon the effective date of Ordinance No. 368
PASSED, APPROVED, and ADOPTED this 17th day of January, 2023. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
______________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: CITY COMMISSION APPOINTMENTS
MEETING DATE: January 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:

1. That Council Member Cervantez appoint one member to the Library Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2023-01 providing for appointments made.

2. That Council Member Cervantez appoint one member to the Parks, Trails & Community Services Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2023-02 providing for appointments made.

3. That Council Member Cervantez appoint one member to the Planning Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2023-03 providing for appointments made.

SUMMARY: Vacancies exist on the Library Commission, Parks, Trails & Community Services Commission, Planning Commission. The notice of vacancies was posted and published, and a total of 6 applications were received. Council Member Manly made his appointments to the three Commissions at the December 19, 2022 meeting.

Council Member Cervantez will need to appoint one member to the Library Commission, one member to the Parks, Trails & Community Services Commission and one member to the Planning Commission. The received applications are attached as Attachment D.

Certainly, appointments this evening can be deferred to a later date if Council Member Cervantez is not ready to make an appointment. Staff will continue to post the vacancies and forward applications to Council upon receipt in the City Clerk’s Office.

LIBRARY COMMISSION
One (1) vacancy exists and shall be made by Council Member Cervantez and appointee’s terms will coincide with the respective Council Member positions. Applications for Library Commission were received by Patricia Reeves.

PARKS, TRAILS & COMMUNITY SERVICES COMMISSION
Two (2) vacancies exist and one (1) appointment shall be made by Council Member Cervantez and

appointee’s terms will coincide with the respective Council Member positions. Application for Parks, Trails & Community Services Commission was received by Alicia Aponte.

PLANNING COMMISSION
One (1) vacancy exists and shall be made by Council Member Cervantez and appointee’s term will coincide with the respective Council Member positions. Applications for Planning Commission were received by John Keith.

ATTACHMENTS:

Attachment A: Resolution No. 2023-01
Attachment B: Resolution No. 2023-02
Attachment C: Resolution No. 2023-03
Attachment D: Citizen Service Applications submitted

RESOLUTION NO. 2023-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, PROVIDING FOR APPOINTMENTS TO
THE LIBRARY COMMISSION.

WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.

WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.

WHEREAS, Chapter 2.30.010 of the Calimesa Municipal Code requires that the Library Commission shall consist of five (5) members and be appointed as follows:

Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Library Commissioner shall serve at the pleasure of the City Council. Appointments to the Library Commission shall be ratified by a majority vote of the City Council.

WHEREAS, Council Member Cervantez appoints Patricia Reeves to the Library Commission, for a term to expire December 2026.

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

The City Council ratifies Council Member Cervantez appointment of Patricia Reeves to the Library Commission.

PASSED, APPROVED AND ADOPTED this 17
th day of January 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
Attachment 14A

RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PARKS, TRAILS AND COMMUNITY SERVICES COMMISSION.

WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.

WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.

WHEREAS, Chapter 2.25.010 of the Calimesa Municipal Code requires that the Parks, Trails and Community Services Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Parks, Trails and Community Services Commissioner shall serve at the pleasure of the City Council. Appointments to the Parks, Trails and Community Services Commission shall be ratified by a majority vote of the City Council.

WHEREAS, Council Member Cervantez appoints Alicia Aponte to the Parks, Trails and Community Services Commission, for a term to expire December 2026.

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

The City Council ratifies Council Member Cervantez appointment of Alicia Aponte to the Parks, Trails and Community Services Commission.

PASSED, APPROVED AND ADOPTED this 17
th day of January 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
Attachment 14B

RESOLUTION NO. 2023-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, PROVIDING FOR APPOINTMENTS TO
THE PLANNING COMMISSION.

WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.

WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.

WHEREAS, Chapter 2.45.020 of the Calimesa Municipal Code requires that the Planning Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Planning Commissioner shall serve at the pleasure of the City Council. Appointments to the Planning Commission shall be ratified by a majority vote of the City Council.

WHEREAS, Council Member Cervantez appoints John Keith to the Planning Commission, for a term to expire December 2026.

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

The City Council ratifies Council Member Cervantez appointment of John Keith to the Planning Commission.

PASSED, APPROVED AND ADOPTED this 17
th day of January 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
Attachment 14C

Attachment 14D

City Council Meeting
Agenda Report
Agenda Item No. 15
SUBJECT: CITYWIDE PAVEMENT REHABILITATION PROJECT,

CONSTRUCTION CONTRACT AWARD
MEETING DATE: January 17, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council:

1. Award a contract to Hardy & Harper, Inc. in the amount of $1,665,000.00 for construction of the citywide pavement rehabilitation project and authorize the Mayor to execute the contract on behalf of the City; and

2. Authorize 10% construction contingencies in the amount of $166,500.00 for project change orders; and

3. Approve the Plans and Specifications for construction of the citywide pavement rehabilitation project; and

4. Authorize the City Manager to execute minor change orders not exceeding the authorized construction contingencies; and
BACKGROUND: On March 15, 2021, staff presented the City’s recently completed Pavement Management Program (PMP) study. In summary, the 41 miles of paved roadways exist that were inherited from the County when the City incorporated in 1990. During the March 15th meeting, staff indicated that the Pavement Condition Index (PCI) for 312 roadway segments ranged from 40 to 100 with an average of 63. Streets with PCI greater than 70 were not recommended for any rehabilitation by the PMP consultant. The study indicates that the cost to rehabilitate all of the streets in the City is estimated at more than $7.3 million.

On March 7, 2022, City staff presented Council with a list of potential areas to be incorporated as part of the Citywide Pavement Rehabilitation Project. The selected areas are summarized below:
• Sandalwood Drive from 7th Street to Calimesa Boulevard. • Cherry Lane from Sandalwood Drive to Myrtlewood Drive. • Holly Lane from South Terminus to Myrtlewood Drive.
• Mulberry Lane from Sandalwood Drive to Myrtlewood Drive. • Smoke Ridge Trail from Mulberry Lane to Ponderosa Trail. • 4
th Street from Myrtlewood Drive to Ponderosa Trail.
• Summit View Drive from 2nd Place to Harruby Drive.
• 2
nd Place from West Terminus to Harruby Drive.

• Fairway Lane from East Terminus to 2nd Place.
• Susan Lee Court from East Terminus to Fairway Lane.
• Slack Place from Golf Course to 2nd Place.
• Harruby Drive from 3rd Street to Myrtlewood Drive.

For the selected streets, staff estimated a total project cost of $2.2 Million, which included the costs for engineering design, construction costs, contingencies, construction management and inspection fees. The PCI for the selected streets ranges from 40 to 64.

The City issued a notice of inviting bids with an Engineer’s Estimate of $2 Million. On December 14, 2022, the City received the following six bids for project construction:

Bidder Total Amount
Hardy & Harper, Inc. $ 1,665,000.00
Matich Corporation $ 1,714,500.00
Onyx Paving Company $ 1,771,000.00
Hillcrest Contracting $ 1,893,387.20
Vance Corporation $ 1,933,439.56
All American Asphalt $ 2,268,788.00
Bid details are shown on Attachment A. Hardy & Harper, Inc. bid is the lowest responsive bid and staff recommends award to Hardy & Harper, Inc. in the amount of $1,831,500 Bid Amount of $1,665,000 + Contingency Amount of $166,500).

In addition to construction costs, TKE Engineering will be providing design services in the amount of $90,000, and construction management, geotechnical engineering, and surveying for $205,000.

These costs will be incurred under the City’s existing contract with TKE in their role of providing City Engineer services.

FISCAL IMPACT: City Council approved the 2022-23 Budget that included the following related to the PMP:

Funding Source Amount
Measure A $ 314,400
General Fund PMP Reserve 1,000,000
American Rescue Plan Act 1st Tranche 1,095,000
TOTAL BUDGET $ 2,409,400
The construction contract, including contingency, of $1,831,500 and design and construction administration costs of $295,000, for a total of $2,126,500, are within the approved budget.

ATTACHMENTS:

Attachment A: Bid Summary

Bid Schedule A
1 MOBILIZATION/ DEMOBILIZATION 1 LS $159,654.01 $159,654.01 $36,000.00 $36,000.00 $121,000.00 $121,000.00 $222,044.92 $222,044.92 $159,654.01 $159,654.01 $183,000.00 $183,000.00 2 TRAFFIC CONTROL AND SAFETY 1 LS $150,000.00 $150,000.00 $104,000.00 $104,000.00 $35,000.00 $35,000.00 $149,000.00 $149,000.00 $150,000.00 $150,000.00 $125,000.00 $125,000.00 3 STORM WATER POLLUTION PREVENTION PLAN, BEST MANAGEMENT PRACTICE AND NPDES REQUIREMENTS 1 LS $25,000.00 $25,000.00 $8,568.78 $8,568.78 $10,400.00 $10,400.00 $6,700.00 $6,700.00 $25,000.00 $25,000.00 $25,500.00 $25,500.00 4 SAWCUT AND REMOVE EXISTING ASPHALT BASE COURSE, AGGREGATE BASE AND/OR SUBGRADE (11" TOTAL SECTION REMOVAL) 35,247 SF $2.65 $93,404.55 $2.62 $92,347.14 $3.20 $112,790.40 $1.25 $44,058.75 $2.65 $93,404.55 $2.90 $102,216.30 5 PULVERIZE EXISTING ASPHALT CONCRETE PAVEMENT (7" TOTAL SECTION) 276,347 SF $1.67 $461,499.49 $0.93 $257,002.71 $1.00 $276,347.00 $0.91 $251,475.77 $1.67 $461,499.49 $0.74 $204,496.78 6 SAWCUT AND REMOVE EXISTING PCC CONCRETE DRIVEWAY AND
SUBGRADE 653 SF $6.00 $3,918.00 $5.30 $3,460.90 $6.80 $4,440.40 $4.20 $2,742.60 $6.00 $3,918.00 $9.80 $6,399.40 7 SAWCUT AND REMOVE EXISTING PCC CONCRETE CURB AND GUTTER 873 LF $35.00 $30,555.00 $20.00 $17,460.00 $17.40 $15,190.20 $17.60 $15,364.80 $35.00 $30,555.00 $28.00 $24,444.00 8 SAWCUT AND REMOVE EXISTING PCC SPANDREL/CROSS GUTTER 4,921 SF $10.00 $49,210.00 $7.00 $34,447.00 $11.60 $57,083.60 $5.70 $28,049.70 $10.00 $49,210.00 $12.00 $59,052.00 9 GRIND (COLD-MILL) EXISTING ASPHALT CONCRETE PAVEMENT (2" MINIMUM) 20,948 SF $0.53 $11,102.44 $0.30 $6,284.40 $1.03 $21,576.44 $0.34 $7,122.32 $0.53 $11,102.44 $0.40 $8,379.20 10 GRIND (COLD-MILL) EXISTING ASPHALT CONCRETE PAVEMENT (1.5" MINIMUM) 93,409 SF $0.39 $36,429.51 $0.23 $21,484.07 $0.44 $41,099.96 $0.26 $24,286.34 $0.39 $36,429.51 $0.32 $29,890.88 11 CONSTRUCT 6" MISCELLANEOUS AGGREGATE BASE OVER 12"
COMPACTED NATIVE 653 CY $105.00 $68,565.00 $53.00 $34,609.00 $89.00 $58,117.00 $49.00 $31,997.00 $105.00 $68,565.00 $56.00 $36,568.00 12 CONSTRUCT 3" MINIMUM ASPHALT CONCRETE BASE COURSE 703 TON $120.00 $84,360.00 $140.00 $98,420.00 $150.00 $105,450.00 $95.00 $66,785.00 $120.00 $84,360.00 $143.00 $100,529.00 13 CONSTRUCT 2" MINIMUM ASPHALT CONCRETE OVERLAY 717 TON $120.00 $86,040.00 $140.00 $100,380.00 $123.00 $88,191.00 $96.00 $68,832.00 $120.00 $86,040.00 $110.00 $78,870.00 14 CONSTRUCT 1.5" MINIMUM ASPHALT CONCRETE BASE COURSE 2,755 TON $120.00 $330,600.00 $101.00 $278,255.00 $108.00 $297,540.00 $95.00 $261,725.00 $120.00 $330,600.00 $99.00 $272,745.00 15 CONSTRUCT 1.5" MINIMUM ASPHALT CONCRETE OVERLAY 3,686 TON $120.00 $442,320.00 $101.00 $372,286.00 $108.00 $398,088.00 $96.00 $353,856.00 $120.00 $442,320.00 $107.00 $394,402.00 16 CONSTRUCT PCC CONCRETE DRIVEWAY 653 SF $10.00 $6,530.00 $15.00 $9,795.00 $17.60 $11,492.80 $12.80 $8,358.40 $10.00 $6,530.00 $17.00 $11,101.00 17 CONSTRUCT 6" PCC CONCRETE CURB AND GUTTER 873 LF $60.00 $52,380.00 $60.00 $52,380.00 $57.00 $49,761.00 $51.00 $44,523.00 $60.00 $52,380.00 $81.00 $70,713.00 18 CONSTRUCT PCC CONCRETE SPANDREL/CROSS GUTTER 4,921 SF $20.00 $98,420.00 $20.00 $98,420.00 $21.40 $105,309.40 $15.40 $75,783.40 $20.00 $98,420.00 $23.00 $113,183.00 19 ADJUST EXISTING WATER VALVE TO GRADE 43 EA $900.00 $38,700.00 $75.00 $3,225.00 $900.00 $38,700.00 $185.00 $7,955.00 $900.00 $38,700.00 $950.00 $40,850.00 20 ADJUST EXISTING SEWER CLEANOUT TO GRADE 3 EA $900.00 $2,700.00 $995.00 $2,985.00 $1,050.00 $3,150.00 $1,000.00 $3,000.00 $900.00 $2,700.00 $1,100.00 $3,300.00 21 ADJUST EXISTING SEWER MANHOLE TO GRADE 22 EA $1,200.00 $26,400.00 $995.00 $21,890.00 $1,380.00 $30,360.00 $1,320.00 $29,040.00 $1,200.00 $26,400.00 $1,400.00 $30,800.00 22 INSTALL TRAFFIC SIGNING AND STRIPING 1 LS $11,000.00 $11,000.00 $11,300.00 $11,300.00 $12,300.00 $12,300.00 $11,800.00 $11,800.00 $11,000.00 $11,000.00 $12,000.00 $12,000.00 TOTAL $2,268,788.00 $1,665,000.00 $1,893,387.20 $1,714,500.00 $2,268,788.00 $1,933,439.56 Vance
Corporation

UNIT COST TOTAL
City of Calimesa
Citywide Pavement Rehabilitation Project
Bid Breakdown
Friday, December 16, 2022
Onyx Paving
Company

UNIT COST TOTAL
Hillcrest
Contracting Matich Corporation

UNIT COST TOTAL UNIT COST TOTAL
All American
Asphalt Hardy & Harper
ITEM No. DESCRIPTION OF CONSTRUCTION ITEMS QTY UNIT UNIT COST TOTAL UNIT COST TOTAL Attachment 15A