Regular Meeting of the Calimesa City Council
Monday April 3, 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 ASSOCIATE ENGINEER SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN SALAS.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Proclamation – DMV/Donate Life California Month April 2023 – Katryn Mantz One Legacy Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, April 3, 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 attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.facebook.com/cityof.calimesa or https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.
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 Monday, April 3, 2023 and will be read 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
Monday April 3, 2023
COMMUNICATIONS FROM THE PUBLIC
Anyone wishing to address the Council on any item within the Council’s jurisdiction that is not on the agenda may do so at this time. This is not a time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.
APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 8)
The following Consent Calendar items are expected to be routine and non-controversial. The 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 March 20, 2023
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 $402,417.87 (Check Nos. 40052 to 40099) b) March 30, 2023 Payroll of $100,779.85
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. ACCEPTANCE AND EXPENDITURE OF 2022 EMERGENCY MANAGEMENT
PERFORMANCE GRANT (EMPG) FUNDING ALLOCATION - AWARD FOR EMERGENCY/FIRE DEPARTMENT OPERATIONS – FUEL CELL AND ACCESSORIES.
RECOMMENDATION: That the City Council adopt Resolution 2023-14, A Resolution of the City of Calimesa, Accepting the FY22 Emergency Management Performance Grant Program (EMPG) award through the California Office of Emergency Services (CalOES) not to exceed the total amount of $6,979.00; designating the City Manager as the authorized official to execute EMPG Program agreements on behalf of the City; authorizing the City Manager to sign the California Governor’s Office of Emergency Services Subaward Face Sheet and other related forms; and amending the Fiscal Year 2022-23 Budget to include acceptance of EMPG grant Funds.
6. TRACT MAP NO. 32702 AND 32702-5: REDUCTION OF FAITHFUL PERFORMANCE BOND.
RECOMMENDATION: That the City Council:
• Accept the public improvements completed by the Developer. • Authorize Staff to reduce the Street Improvement Faithful Performance Bonds to 10% of the total amount to be retained as the Warranty Bonds for a period of 1 year. • Authorize Staff to release the Payment Bonds.
7. AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL AUDITING SERVICES WITH ROGERS, ANDERSON, MALODY, & SCOTT, LLP.
Regular Meeting of the Calimesa City Council
Monday April 3, 2023
RECOMMENDATION: That the City Council award a professional services agreement for professional auditing services to Rogers, Anderson, Malody & Scott, LLP for fiscal years ending June 30, 2023, 2024, and 2025 with 2 one-year option periods
8. ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AND CREDIT AGREEMENT FOR THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM.
RECOMMENDATION: That the City Council:
1. Approve the Assignment and Assumption Agreement between Sunny-Cal 1 Inv, LLC, ("Assignor"), Exeter Cherry Valley Land, LLC, ("Assignee"), and the City of Calimesa (“Calimesa”).
2. Approve the exoneration of the Sunny-Cal bond after staff has received and approved the substitute bond from Exeter.
POLICE CHIEF COMMENTS & REPORTS
FIRE CHIEF COMMENTS & REPORTS
MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234.
BUSINESS ITEMS
9. CITY COMMISSION APPOINTMENT.
RECOMMENDATION: That Council Member Manly 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. 2023-15 providing for appointment made.
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, April 17, 2023 at 6:00 p.m.
City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: April 3, 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 March 20, 2023.
ATTACHMENTS:
Attachment A: City Council action minutes of March 20, 2023 regular meeting.
City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: April 3, 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: April 3, 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 $402,417.87 (Check Nos. 40052-40099) b) March 30, 2023 Payroll of $100,779.85
City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON
THE AGENDA
MEETING DATE: April 3, 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: ACCEPTANCE AND EXPENDITURE OF 2022 EMERGENCY
MANAGEMENT PERFORMANCE GRANT (EMPG) FUNDING
ALLOCATION - AWARD FOR EMERGENCY/FIRE DEPARTMENT
OPERATIONS – FUEL CELL AND ACCESSORIES
MEETING DATE: April 3, 2023
PREPARED BY: Geraldo Rodriguez, Deputy Fire Marshal
RECOMMENDATION: That the City Council adopt Resolution 2023-14, A Resolution of the City of Calimesa, Accepting the FY22 Emergency Management Performance Grant Program (EMPG) award through the California Office of Emergency Services (CalOES) not to exceed the total amount of $6,979.00; designating the City Manager as the authorized official to execute EMPG Program agreements on behalf of the City; authorizing the City Manager to sign the California Governor’s Office of Emergency Services Subaward Face Sheet and other related forms; and amending the Fiscal Year 2022-23 Budget to include acceptance of EMPG grant Funds BACKGROUND: The purpose of the EMPG Program is to provide federal grants to States to assist State, local, territorial, and tribal governments in preparing for all hazards by providing necessary direction, coordination and guidance, and necessary assistance, as authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. Title VI of the Stafford Act authorizes FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the federal government and the states and their political subdivisions. The grant stipulates a dollar-for-dollar match requirement.
DISCUSSION: Staff was notified on January 25, 2023, by the Riverside County Emergency Management Department (EMD) of approval of the EMPG Award to the City of Calimesa in the amount of $6,979. The terms of the grant agreement include a dollar for dollar match requirement from the City of Calimesa. A portion of the grant revenue will be utilized to acquire fuel storage cell(s) and accessories for emergency diesel fuel needs for the Fire Department and City fleet vehicles. Upon review of the attached quotes, it is recommended the City purchase a single fuel storage cell and accessories from Global Industrial in the amount of $7,115.81, funded from the EMPG grant of $3,558 and City of Calimesa match requirement of $3,558. Staff will return to Council for approval or use of the remaining unexpended revenue from the EMPG Grant of $3,421 as required by Calimesa Municipal Code and/or City procurement policy.
FISCAL IMPACT: The fiscal year 2022-23 budget will be adjusted to include $3,558 of EMPG grant revenue. The fiscal year 2022-23 Fire Department budget has $10,000 allocated to support the purchase of bulk fuel tank storage for emergency diesel fuel needs. No additional appropriation is being requested as the approved budget supports the cost of the purchase. The match requirement of $3,558.00 will be met with the purchase of the single storage cell and accessories for $7,115.81.
This purchase is compliant with the formal (3) bid requirements as stipulated by CMC.
ATTACHMENTS:
Attachment A: Plastic-Mart Quote
Attachment B: Northern Tool + Equipment Quote
Attachment C: Global Industrial Quote
Attachment D: Resolution 2023-14
Sales Quote
Plastic-Mart
685 John B Sias Memorial Pkwy Ste 330
Edgecliff Village, Texas 76134
[email protected] Quote # PM074473-Q
Quote Date: 03/10/2023 Expires: 04/09/2023
Tel: (866) 310-2556 Fax:
To: Gerry Rodriguez Ship to:
-
-, California, 92320-0000
P: 9097357269
Gerry Rodriguez
-
-, California, 92320-0000
P: 9097357269
Sales Rep: Beverly Davis | 682-255-4010 | [email protected] Qty Item Description Unit Price Row Total
1 WG-FCP500-12VKFCP500 FuelCube Portable Fuel Tank Kit with 12Volt 15 GPM Pump & Fuel Gauge
$5,959.00 $5,959.00
Subtotal: $5,959.00
Freight: $989.00
Tax: $461.83
Total: $7,409.83
Freight Carrier: Manufacturer
Attachment 5A
1 Darlene Gerdes
From: Northern Tool + Equipment <[email protected]> Sent: Wednesday, March 08, 2023 8:29 AM
To: Geraldo Rodriguez
Subject: Your Northern Tool Sales Quote
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displayed. The file may hav e
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Please find attached the invoice you requested from your recent order. Thank you for your order.
Please note that a receipt must be presented with all returns or exchanges and no returns are allowed without authorization. Please contact customer service with any questions.
Order Number: 75601042
Customer Account Number: 5003839
Invoice Date: 03/08/2023
Invoice Number:
PO Number:
Confirmation Number:
Billing Address: Shipping Address:
CITY OF CALIMESA CITY OF CALIMESA
908 PARK AVE 908 PARK AVE
CALIMESA, CA 92320 CALIMESA, CA 92320
Ordered Shipped Backordered Item # Description Unit Price Extension 1 1
104731
500 GAL FUELCUBE KI $6,620.00 $6,620.00
FREIGHT TRUCK GENERIC $1,022.76 $1,022.76
NOLIFTGATE CUST DECL. LIFT GAT $.00 $.00
Product Subtotal $6,620.00
Shipping $1,022.76
Taxable Amount $6,620.00 @ 7.750 Tax $513.05
Order Total $8,155.81
Payment $.00
Balance Due $8,155.81
Phone:
Customer Care: 1-800-222-5381
Product Experts: 1-800-533-5545
Text:1-800-221-0516
Attachment 5B
2 Email:
Customer Care: [email protected]
Product Experts: [email protected]
Monday - Friday 7:00 am - 8:00 pm Central Time
Saturday - Sunday 8:00 am - 5:00 pm Central Time
Address:
Northern Tool + Equipment
2800 Southcross Dr. W.
Burnsville, MN 55337
1 Darlene Gerdes
From: Her, George <[email protected]>
Sent: Tuesday, March 14, 2023 2:18 PM
To: Geraldo Rodriguez
Subject: Quote #:6895839 - REVISED
Importance: High
Hi Gerry,
Our UEI number is TPKZZJWPL7C9
Here is the quote with liftgate added:
2505 MILL CENTER PARKWAY
SUITE 100
BUFORD, GA 30518
Sales Quote
Account #:4158464 Quote #:6895839 Quote Issued:03/08/2023 City of Calimesa [email protected]
*Pricing valid for 30 days from quote issue
date. subject to change based on product
availability and/or extraordinary market
conditions
GERRY RODRIGUEZ Phone: (909) 735-7269
908 PARK AVE Fax:
CALIMESA, California 92320
CLICK HERE TO LOGIN AND PLACE THIS ORDER ONLINE.
Part# Description Shipping Quantity Price Extended
B2732622
Western Global 500 Gallon FuelCube Diesel Fuel
Tank, 12V Pump Kit & Fuel Gauge
Country Of Origin: INDIA
TRUCK 1 $5,970.00 $5,970.00
Item Total: $5,970.00
Tax: $511.81
Shipping and Handling: $634.00
PLEASE BE SURE TO REVIEW OUR TERMS AND CONDITIONS *Total: $7,115.81 Notes
THANK YOU FOR CONTACTING GLOBAL
INDUSTRIAL IF YOU HAVE ANY QUESTIONS OR
NEED TO PLACE AN ORDER PLEASE CONTACT
ME AT [email protected] OR
CALL 1-800-645-1232 AND ASK FOR BRANDON
HILL
Thank you for the opportunity to help with your needs.
To place your order or for further assistance please
contact me.
Name: GEORGE HER
Email: [email protected]
Phone: (678) 745-9889 x129889
Fax:
*Applicable taxes and shipping charges will be added to invoice.
Attachment 5C
2 11 Harbor Park Drive, Port Washington, N.Y. 11050
Copyright © 2023 by Global Industrial. All Rights Reserved.
Help | Contact Us
This order is subject to Global Industrial's Terms & Conditions of Sale. Global Industrial objects to any other additional or different terms in your purchase order or acceptance.
George Her
Public Sector Account Manager
2505 Mill Center Parkway, Suite 100, Buford, Georgia 30518 Phone: +1 (678) 745-9889
Email: [email protected]
Web: https://www.globalindustrial.com
Chat now with our Sales or Service team!
CONFIDENTIALITY NOTE: This email (and any attachments) is confidential and intended solely for the recipient(s) named above. Any other recipient should notify the sender immediately and delete the original email (and any attachments). Any unauthorized use or distribution is strictly prohibited.
RESOLUTION NO. 2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, ACCEPTING EMERGENCY
MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG)
AWARD THROUGH THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES (CALOES) IN THE AMOUNT OF
$6,979.00; DESIGNATING THE CITY MANAGER AS THE
AUTHORIZED OFFICIAL TO EXECUTE EMPG PROGRAM
AGREEMENTS ON BEHALF OF THE CITY; AND AMENDING
FISCAL YEAR 2022-23 BUDGET TO INCLUDE ACCEPTANCE
OF EMPG GRANT FUNDS
WHEREAS, City staff was notified of the application process being opened for FY 2022 Emergency Management Performance Grant Program (EMPG) through the California Office of Emergency Services (CalOES); and
WHEREAS, the purpose of the EMPG Program is to provide federal grants to States to assist State, local, territorial, and tribal governments in preparing for all hazards by providing necessary direction, coordination and guidance, and necessary assistance, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and
WHEREAS, Title VI of the Stafford Act authorizes FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the federal government and the states and their political subdivisions; and
WHEREAS, the City’s Fire Department is in need of specialized equipment to support staff in the event of an emergency; and
WHEREAS, staff was notified on January 25, 2023, by Riverside County Emergency Management Department (EMD) of approval of the EMPG Program Award in the amount of up to $6,979.00, as the grant is a dollar-for-dollar match; and WHEREAS, staff is recommending submitting application through the EMPG for fuel cell and accessories in the amount of $7,116.00 per the quote received from Global Industrial, of which $3,558.00 will be funded by the grant.
WHEREAS, in order for the City to be reimbursed for funds it expends to purchase the equipment, the Grand Subaward Face Sheet must be signed by an authorized representative of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
SECTION 1: The City Manager for the City of Calimesa is designated as the authorized official who may sign the Grant Subaward Face Sheet and any supporting documents related to the EMPG Program.
Attachment 5D
SECTION 2: The EMPG award is hereby accepted by the City of Calimesa and the Fiscal Year 2022-23 Budget is hereby amended to include EMPG Program revenue of $3,558.00 in account 01-0000-4800.
PASSED, APPROVED, and ADOPTED this 3
rd day of April 2023.
_____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
___________________________
DARLENE GERDES, CITY CLERK
City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: TRACT MAP NO. 32702 AND 32702-5: REDUCTION OF FAITHFUL PERFORMANCE BOND.
MEETING DATE: April 3, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That City Council take the following actions:
• Accept the public improvements completed by the Developer. • Authorize Staff to reduce the Street Improvement Faithful Performance Bonds to 10% of the total amount to be retained as the Warranty Bonds for a period of 1 year. • Authorize Staff to release the Payment Bonds.
BACKGROUND: On November 19, 2019, City Council Approved Final Tract Map 32702, which subdivided 28.5 acres into 141 residential lots, 4 open space lots, 8 street and public utility purpose lots, and 32702-5, which subdivided 27.9 acres into 105 residential lots, 4 open space lots, 1 well site lot and 10 street and public utility purpose lots. Along with the final tract maps City Council authorized City staff to execute the subdivision improvement agreements (SIA) with Faithful Performance Bonds and Payment Bonds for the street improvements. The Bond amounts are summarized below:
Wildflower at Summerwind Trails Tract 32702:
• Faithful Performance “Tract 32702 Street Improvements” in the amount of $1,200,799.87 (Bond No. 024235788)
Painted Sky at Summerwind Trails Tract 32702-5:
• Faithful Performance “Tract 32702-5 Street Improvements” in the amount of $1,067,283.36 (Bond No. 024235789)
The Developer has completed the work and therefore requests the faithful performance bonds be reduced (10% of the total street improvement bond amount to be maintained as Warranty for a period of 1 year).
In Accordance with Section 19 of the SIA, the City Engineer herby notifies the City Council that the Developer has completed the public street improvements in compliance with improvement plans
and all applicable City standards. City Staff recommends that authorize the reduction of the bonds to the following amounts:
• Faithful Performance “Tract 32702 Street Improvements” in the amount of $120,079.99 (Bond No. 024235788)
• Faithful Performance “Tract 32702-5 Street Improvements” in the amount of $106728.34 (Bond No. 024235789)
FISCAL IMPACT: None
ATTACHMENTS:
Attachment A: Tract 32702 Performance & Payment Bonds
Attachment B: Tract 32702-5 Performance & Payment Bonds
Attachment 6A
Attachment 6B
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR
PROFESSIONAL AUDITING SERVICES WITH ROGERS,
ANDERSON, MALODY, & SCOTT, LLP
MEETING DATE: April 3, 2023
PREPARED BY: Celeste Reid, Finance Director & Treasurer RECOMMENDATION: That the City Council award a professional services agreement for professional auditing services to Rogers, Anderson, Malody & Scott, LLP for fiscal years ending June 30, 2023, 2024, and 2025 with 2 one-year option periods.
BACKGROUND: The City of Calimesa has contracted with the firm Badawi & Associates to provide professional audit services for nine fiscal years with the most recent fiscal year completed for June 30, 2022. The professional audit services provided to the City of Calimesa met compliance requirements with state law code section 12410.6(b) with respect to the adherence of audit partner rotation.
DISCUSSION: The City of Calimesa solicited proposals for professional audit services on January 19, 2023. Professional firms were required to provide the proposals by February 15, 2023. The City received four proposals and three firms were interviewed by the City Manager, Executive Advisor to the City Manager, Finance Director and Accounting Technician II. City staff evaluated the professional firms based on responses to interview questions, proposals, and fees.
The City staff respectfully recommends to the City Council the firm of Rogers, Anderson, Malody & Scott LLP to provide professional auditing services for the fiscal years ending June 30, 2023, 2024, 2025 with 2 one-year option periods. The audit fee schedule for the fiscal year 2023 is projected to be $40,630. Future fiscal year audits will range from $36,630 to $39,490 with possible additional charges each year of $4,000 for each federal grant deemed to be a major audit program.
FISCAL IMPACT: The approved Fiscal Year 2022-23 budget has a sufficient balance of $13,159 remaining for interim audit services for Fiscal Year 2022-23. If interim audit services exceed this amount, the difference will be absorbed from savings in other professional service budgets. Future fiscal periods will reflect the estimated cost for audit services as provided through the annual budget process.
ATTACHMENTS:
Attachment A: Professional Services Agreement for Professional Auditing Services.
Attachment 7A
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AND CREDIT
AGREEMENT FOR THE TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
MEETING DATE: April 3, 2023
PREPARED BY: Will Kolbow, City Manager
Bonnie Johnson, Executive Advisor to the City Manager
RECOMMENDATION: That City Council:
1. Approve the Assignment and Assumption Agreement between Sunny-Cal 1 Inv, LLC, ("Assignor"), Exeter Cherry Valley Land, LLC, ("Assignee"), and the City of Calimesa (“Calimesa”).
2. Approve the exoneration of the Sunny-Cal bond after staff has received and approved the substitute bond from Exeter.
BACKGROUND/DISCUSSION: In 2016, the City of Calimesa entered into Settlement, Waiver and Release Agreement with the City of Beaumont, Sunny-Cal 1 Inv, LLC and CV Communities, LLC. In that Agreement, the developer agreed to prepare or pay for plans, specifications and estimates (“PS&E”) and right-of-way acquisition in the amount of not less than $1 million and not more than $1.1 million for improvements to the Cherry Valley Boulevard/Interstate 10 Interchange. That prior developer also agreed to fund its fair share of a traffic signal at the intersection of Desert Lawn Drive and Brookside Avenue. This amount was $13,000. It has been paid. A more specific and thorough list of items to be funded with the $1 million commitment from the developer was provided in a companion “Improvement and Credit Agreement for the Transportation Uniform Mitigation Fee Program” (TUMF) (see Attachment B) which was also entered into between the parties at the same time.
The 188-acre project site is the former Sunny-Cal Egg and Poultry Ranch located between Cherry Valley Boulevard and Brookside Avenue east of Interstate 10 (I-10) in the City of Beaumont, California.
The site is east of the City of Calimesa. In 2007 the Sunny-Cal Specific Plan was approved by the City of Beaumont for the development of 560 single-family residences with supporting parks, open space, and infrastructure on 200 acres. Due to litigation and other delays, the majority of the site was not annexed to the City of Beaumont until 2017. Recently, the site was sold to EQT Exeter, dba Exeter Cherry Valley Land, LLC.
At this time, Sunny-Cal, the Assignor, is requesting to assign the above obligation to Exeter Cherry Valley Land, LLC, Assignee. Section 10.1 of the TUMF Agreement includes parameters for such an assignment. The City Attorney’s Office has reviewed the Assignment Agreement (Attachment A) and
found it to be satisfactory. Approval of this will facilitate ensuring the site, based upon the current entitlements, pays their fair share toward traffic/transportation, specifically Cherry Valley Interchange.
FISCAL IMPACT: There is no immediate fiscal impact associated with this action. This action simply assigns the TUMF agreement to the new owner.
ATTACHMENTS:
Attachment A: Assignment Agreement
Attachment B: TUMF Agreement
Attachment C: Settlement Agreement
-1-
12459-0093\2782919v2.doc
ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AND CREDIT
AGREEMENT FOR THE TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM
THIS ASSIGNMENT AND ASSUMPTION OF IMPROVEMENT AND CREDIT
AGREEMENT FOR THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM (this "Assignment") is made as of April 3, 2023, by and between SUNNY-CAL 1 INV, LLC, a Delaware limited liability company ("Assignor"), EXETER CHERRY VALLEY LAND, LLC, a Delaware limited liability company ("Assignee"), and the CITY OF CALIMESA (“Calimesa”).
WHEREAS, Assignee previously acquired certain Property (as defined in the Purchase Agreement) and described in Exhibit “A” attached hereto and incorporated herein (“Property”) from City Ventures Homebuilding, LLC ("Seller") pursuant to that certain Purchase Agreement and Joint Escrow Instructions dated February 26, 2021 (the "Purchase Agreement").
WHEREAS, the Property is effected by that certain Improvement and Credit Agreement for the Transportation Uniform Mitigation Fee Program dated April 12, 2016 between Assignor and Calimesa (the "TUMF Agreement"), which TUMF Agreement affects the Property and which is attached hereto as Exhibit “B” and incorporated herein by this reference.
WHEREAS, Assignor and Assignee desire to formalize the assignment of the TUMF Agreement.
WHEREAS, if not otherwise defined herein all capitalized terms shall have the same meaning as in the TUMF Agreement.
WHEREAS, Calimesa desires to acknowledge, approve and consent to the Assignment and the transfer of the rights, title, interest, and obligations of the TUMF Agreement from Assignor to Assignee.
NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Assignor and Assignee hereby agree that the aforesaid recitals are true and correct in all material respects and are incorporated herein by reference.
2. Effective as of the date that Assignee acquired fee title to the Property (the "Effective Date"), Assignor hereby grants, assigns, transfers, sets over and conveys to Assignee, its successors and assigns, all of Assignor's right, title and interest in the TUMF Agreement (collectively, the "Assigned Rights").
3. Assignee hereby accepts the assignment of the Assigned Rights hereby being assigned to it and assumes all obligations under the TUMF Agreement accruing on and after the Effective Date. In furtherance of the foregoing, within thirty (30) days following the execution of this Assignment, (a) Assignee shall replace the current "Security" of Assignor described in Section 5 of the TUMF Agreement in a form that meets the requirements of the TUMF Agreement and Calimesa by delivering to Calimesa the replacement Security; and (b) upon Calimesa’s verification
Attachment 8A
-2-
12459-0093\2782919v2.doc
that the replacement Security is in the form, content and amount as provided for in the TUMF Agreement, Assignee shall cause Calimesa to release Performance Bond 1000757382 currently posted by Assignor in accordance with the requirements of the TUMF Agreement.
4. Each and every party hereto shall execute and deliver in a timely manner all such documents and instruments as may be reasonably required in order to complete the purposes of this Assignment and shall take such necessary actions and use their best efforts to accomplish same at no expense to Assignee.
5. This Assignment shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
6. This Assignment shall be governed by the laws of the State of California, exclusive of the choice of laws principles thereof.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly executed as of the date first above written.
ASSIGNOR:
SUNNY-CAL 1 INV, LLC,
a Delaware limited liability company
By: CV COMMUNITIES, a Delaware limited liability
company
By: _____________________________
Name: _______________________
Title: ________________________
-3-
12459-0093\2782919v2.doc
ASSIGNEE:
EXETER CHERRY VALLEY LAND, LLC,
a Delaware limited liability company
By: Exeter Operating Partnership V, L.P.,
a Delaware limited partnership, its sole member
By: Exeter Operating Partnership V GP LLC, a
Delaware limited liability company, its sole general
partner
By: Exeter Industrial REIT V LLC, a Delaware limited
liability company, its sole member
By:
Name:
Its:
CITY OF CALIMESA:
CITY OF CALIMESA, a municipal corporation
organized and existing under the laws of the State
of California
By: ______________________________
William Davis, Mayor
ATTEST:
CITY CLERK
CITY OF CALIMESA
By:____________________________
Darlene Gerdes
APPROVED AS TO FORM
By: ___________________________
Quinn Barrow
City Attorney
12459-0093\2782919v2.doc
EXHIBIT A
Description of Property
12459-0093\2782919v2.doc
EXHIBIT B
“TUMF Agreement”
[Improvement and Credit Agreement for the
Transportation Uniform Mitigation Fee Program
Dated April 12, 2016]
attached
12459-0093\2782919v2.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
12459-0093\2782919v2.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
12459-0093\2782919v2.doc
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Attachment 8B
Attachment 8C
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: CITY COMMISSION APPOINTMENTS
MEETING DATE: April 3, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That Council Member Manly 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. 2023-15 providing for the appointment made.
SUMMARY: Vacancies exist on the Parks, Trails & Community Services Commission. The Notice of Vacancies was posted and published, and 1 application was received. Council Member Manly will make an appointment to the Parks, Trails & Community Services Commission. The received application is attached as Attachment B.
One (1) vacancy exists and one (1) appointment shall be made by Council Member Manly and the appointee’s term will coincide with Council Member Manly’s position. An application for Parks, Trails & Community Services Commission was received by Scott Stamper.
ATTACHMENTS:
Attachment A: Resolution No. 2023-15
Attachment B: Citizen Service Application for Scott Stamper
RESOLUTION NO. 2023-15
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 Manly appoints Scott Stamper 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 Manly’s appointment of Scott Stamper to the Parks, Trails and Community Services Commission.
PASSED, APPROVED AND ADOPTED this 3
rd day of April 2023.
________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
Attachment 9A
Attachment 9B