Calimesa City Council
April 17, 2023

Regular Meeting of the Calimesa City Council
Monday April 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, ASSISTANT CITY ATTORNEY KEARNS, 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

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
Monday, April 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 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 17, 2023 to 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 17, 2023

APPROVAL OF THE AGENDA
RECOMMENDATION: Move to approve the agenda
Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 10)
The following Consent Calendar items are expected to be routine and non-controversial. 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 April 3, 2023

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Parks, Trails & Community Services Commission minutes of a regular meeting of March 1, 2023 b) Planning Commission minutes of a regular meeting of February 13, 2023.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $1,020,086.46 (Check Nos. 40100 to 40223) b) April 13, 2023 Payroll of $101,239.77

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 March 31, 2023.

6. TREASURER’S REPORT FOR THE MONTH ENDED FEBRUARY 28, 2023.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended February 28, 2023.

7. ADOPTION OF RESOLUTION NO. 2023-16 APPROVING A CPI RATE INCREASE BY CR&R, INCORPORATED EFFECTIVE JULY 1, 2023.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-16, A Resolution of the City Council of the City of Calimesa, California, Approving a CPI rate increase by CR&R, Incorporated effective July 1, 2023.

8. AGREEMENT WITH THE YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT TO IMPLEMENT A SUMMER FEEDING PROGRAM IN CALIMESA.

RECOMMENDATION: That the City Council approve the Agreement for Summer Feeding Program with the Yucaipa-Calimesa Joint Unified School District.

9. ACCEPTANCE OF TR 30386 LOT E AND FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE SERVICES BETWEEN THE CITY AND INLAND EMPIRE LANDSCAPE.

RECOMMENDATION: That the City Council:
1) Accept the landscape improvements for maintenance in Lot E and the adjacent drainage Vditch of Tract 30386 in Community Facilities District 2013-1 – JP Ranch, and 2) Approve the First Amendment to the Agreement for Landscape Maintenance Services

Regular Meeting of the Calimesa City Council
Monday April 17, 2023

between the City of Calimesa and Inland Empire Landscape, authorize the Mayor to execute the agreement, and direct the City Manager to take all actions necessary to implement the First Amendment.

10. RESOLUTION NO. 2023-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA APPROVING PROPOSED BOUNDARY MAPS FOR CERTAIN ASSESSMENT

DISTRICTS TO BE FORMED IN RESPECT OF THE DEVELOPMENT PROJECTS KNOWN AS OAK VALLEY TOWN CENTER, SUMMERWIND, EPC AND MESA VERDE.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-17, a Resolution of the City Council of the City of Calimesa approving proposed boundary maps for certain assessment districts to be formed in respect to the development projects known as Oak Valley Town Center, Summerwind EPC, and Mesa Verde.

CHAMBER OF COMMERCE REPORTS

POLICE CHIEF COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

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

BUSINESS ITEMS

11. LETTER OF OPPOSITION FOR SENATE BILL 423.

RECOMMENDATION: That the City Council approve the attached letter of opposition to Senate Bill (SB) 423 and authorize the Mayor to sign the letter on behalf of the City.

12. CALIMESA LIBRARY PROJECT UPDATE.

RECOMMENDATION: That the City Council receive and file the Calimesa Library Project Update. 13 . UPDATE TO THE CITY COUNCIL POLICIES AND PROCEDURES FOR COUNCIL MEETINGS

AND THE POLICIES AND PROCEDURES FOR CITY COMMISSIONS, COMMITTEES AND BOARD MEETINGS.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2023-18, A Resolution of the City Council of the City of Calimesa adopting updated Council Policies and Procedures for Council Meetings and Related Functions and Activities and repealing and replacing Resolution No. 2008-38 in its entirety.

2. Adopt Resolution No. 2023-19, A Resolution of the City Council of the City of Calimesa adopting updated Policies and Procedures for the conduct of City Commissioners, Committee Members and Board Members and repealing and replacing Resolution No. 98-26 in its entirety.

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).

Regular Meeting of the Calimesa City Council
Monday April 17, 2023

CITY MANAGER COMMENTS & REPORTS

CLOSED SESSION ITEMS
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APN 410-030-049, 410-030-050, 410-030-051 and 410-030-052, South Side of County Line Road, 79.78 feet west of 3rd Street Calimesa, CA City Negotiators: Will Kolbow. Negotiating Parties: Billy W. Simmons and Monte Vista Medical Center.

Under Negotiations: Price and Terms for acquisition of property by City

B CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 301 West County Line Road, Calimesa, CA City Negotiators: Will Kolbow.

Negotiating Parties: 7-Eleven Inc., A Texas Corporation Under Negotiations: Price and Terms for acquisition of property by City C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – Number of Cases: One (1) case
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager

CLOSED SESSION ANNOUNCEMENT

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, May 1, 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 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 April 3, 2023.

ATTACHMENTS:

Attachment A: City Council action minutes of April 3, 2023 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: April 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the March 1, 2023 Parks, Trails & Community Services Commission regular meeting and the February 13, 2023 Planning Commission regular meeting.

ATTACHMENTS:

Attachment A: Parks, Trails & Community Services Commission action minutes of March 1, 2023 regular meeting
Attachment B: Planning Commission action minutes of February 13, 2023 regular meeting

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: April 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 $1,020,086.46 (Check Nos. 40100-40223) b) April 13, 2023 Payroll of $101,239.77

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

THE AGENDA
MEETING DATE: April 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: April 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 March 31, 2023.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through March 31, 2023.

FISCAL YEAR 2022-23

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
15-Dec LOCC New Mayors/Council Academy $ 625.00 August 18th Yucaipa State of the City $ 55.00 1/31-2/2/23 Hotel for New Mayors/Council $ 693.68
1/31-2/2/23 LOCC Travel/parking/food costs $ 209.86
3/29-3/31/23LOCC Planning Academy Cancel Fee $ 75.00
$200 transferred from Bdavis 2-2023
to clear negative balance
TOTAL TRAVEL/TRAINING $ 1,603.54 TOTAL MEETING/MILEAGE $ 55.00 REMAINING BALANCE $ 46.46 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
22-Feb transfer of funds to Cervantez $ 200.00 31-Mar transfer of funds to Manly $ 500.00 22-Feb transfer of funds to Manly $ 800.00
22-Feb transfer of funds to Molina $ 500.00
31-Mar-23 transfer of funds to Manly $ 400.00
TOTAL TRAVEL/TRAINING $ 1,900.00 TOTAL MEETING/MILEAGE $ 500.00 REMAINING BALANCE $ - REMAINING BALANCE $ 100.00
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
7-9 Sep 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 16-Mar Banning Chamber Installation $ 82.00 30-Nov Flight to Monterey LOCC Meeting $ 468.20
$500 transferred from Bdavis 2-2023
to provide additonal funds for travel
TOTAL TRAVEL/TRAINING $ 1,176.36 TOTAL MEETING/MILEAGE $ 202.00 REMAINING BALANCE $ 773.64 REMAINING BALANCE $ 398.00

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
7-9 Sep LOCC Conference Hotel Westin $ 605.42 18-Aug Yucaipa State of the City $ 55.00 15-Dec LOCC Mayor/Council Academy $625.00 7-9 Sep LOCC Conference Parking $ 15.00 1/31/-2/2/23Hotel for LOCC Academy $ 693.68 7-9 Sep LOCC Conference Vehicle Fuel $ 31.21 3/29-3/31/23LOCC Planning Academy Conf. Fee $ 675.00 24-Sep Beaumont State of the City $ 65.00 3/29/3/31/23LOCC Planning Academy Hotel $ 538.08 1/31/-2/2/23 LOCC Academy reimb. Meals/mileage $ 155.38 29-Mar LOCC Planning Conf Meal $ 20.64
$800 transferred from Bdavis 2-2023
$900 transferred from bdavis 3-2023
TOTAL TRAVEL/TRAINING $ 3,137.18 TOTAL MEETING/MILEAGE $ 342.23 REMAINING BALANCE $ 12.82 REMAINING BALANCE $ 257.77

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
FEBRUARY 28, 2023
MEETING DATE: April 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 February 28, 2023.

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 investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2022-61. 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 a 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 February 1, 2023 of $1,500,000 from the General Checking account to the LAIF Investment Fund.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $7,161 for CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended February 28, 2023.

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: ADOPTION OF RESOLUTION NO. 2023-16 APPROVING A CPI

RATE INCREASE BY CR&R, INCORPORATED EFFECTIVE JULY
1, 2023.

MEETING DATE: April 17, 2023
PRESENTED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2023-16, A Resolution of the City Council of the City of Calimesa, California, Approving a CPI rate increase by CR&R, Incorporated effective July 1, 2023.

BACKGROUND: The City entered into a Franchise Agreement dated August 14, 1996 with Cherry Valley Sanitation, Inc. to provide for solid waste disposal for residential, commercial and industrial properties in the City. On October 20, 2003, the Council adopted Resolution 2003-50 approving the transfer of the Franchise Agreement to CR&R Incorporated. On July 7, 2008, the Council adopted the First Amendment to the Franchise Agreement with CR&R.

The Franchise Agreement provides for an annual rate increase pursuant to the change in inflation as well as the ability of CR&R to request other modifications and adjustments to solid waste collection rates as necessary, subject to approval of the City Council by resolution.

CR&R has reviewed the data from the Bureau of Labor Statistics for the month of January 2023 and indicated that the CPI had increased by 5.43%. They further indicated that the County of Riverside’s Waste Management Department would increase their disposal rate by

7.3% from $46.35 per ton to $49.73 per ton. CR&R has informed the City that based on the date supplied by both the BLS and the County of Riverside, the overall residential rate will see an increase of $2.00 cents per month from $30.16 to $32.16 per month and a typical three cubic yard commercial bin will see an increase of $12.41 going from $187.00 to $199.41 per week. CR&R has prepared a new Exhibit “C” to reflect the increases that would become effective July 1, 2023 and is attached for Council review.

Government Code Section 53756 authorizes public agencies providing water, sewer or refuse collection services to adopt a fee schedule for a period not exceeding five (5) years. The schedule may include adjustments, including a clearly defined formula for inflationary adjustments, provided that the adjusted fee does not exceed the cost of providing the service.

Agencies that include any adjustment in their fee schedule must give notice to their customers pursuant to Government Code section 53755(a) no less than thirty (30) days before the adjustment becomes effective. At the public hearing held on July 15, 2019, CR&R requested that we provide for the five (5) year period in the Notice of Public Hearing, as referenced above.

Staff agreed to their request as allowable through the Proposition 218 process. The 2019 Notice of Public Hearing included the appropriate language providing for the 5-year period.

This 2023 increase shall be for year 5 in the 5-year period.

ATTACHMENTS:

Attachment A: Resolution No. 2023-16 with Exhibit “C”
Attachment B: Letter from CR&R, Incorporated

RESOLUTION NO 2023-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, APPROVING A C.P.I. RATE

ADJUSTMENT BY CR&R, INCORPORATED EFFECTIVE
JULY 1, 2023
WHEREAS, the City entered into a Franchise Agreement dated August 14, 1996 with Cherry Valley Sanitation, Inc. (the “Franchise Agreement”) to provide for solid waste disposal; and
WHEREAS, on October 20, 2003 the Council adopted Resolution 2003-50 approving transfer of said Franchise Agreement to CR&R Incorporated (“CR&R”); and WHEREAS, on July 7, 2008 the Council adopted the First Amendment to the Franchise Agreement with CR&R; and
WHEREAS, on October 19, 2015 the Council adopted the Second Amendment to the Franchise Agreement with CR&R; and
WHEREAS, on September 20, 2021 the Council adopted Ordinance No. 381 to implement SB 1383 by amending the Calimesa Municipal Code, adding Chapter 8.31 (Mandatory Organic Waste Disposal Reduction) and amending Chapter 8.30 (Waste Management); and
WHEREAS, on December 20, 2021 the Council adopted the Third Amendment to the Franchise Agreement with CR&R to add SB383 and SB1383 regulations requiring the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and
WHEREAS, the Franchise Agreement provides for an annual rate increase pursuant to the change in inflation as well as the ability of CR&R to request other modifications and adjustments to solid waste collection rates as necessary, subject to approval of the City Council by resolution; and
WHEREAS, CR&R has requested a 6.6% increase in residential and 6.2% commercial rates, and specifically as listed in the Rate Schedule marked Exhibit C, and attached hereto; and
WHEREAS, CR&R. has also requested an inflationary rate increase of 7.3% in landfill and MRF charges as increased by the County of Riverside’s Waste Management Department, and specifically as listed in the Rate Schedule marked Exhibit C and attached hereto.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALIMESA AS FOLLOWS:

Section 1. The Rate Schedule attached hereto and marked Exhibit C is hereby approved and the rates approved thereon shall take effect July 1, 2023.

Attachment 7A
Section 2. The Rate Schedule attached hereto and marked Exhibit C shall be and become an Amendment to the Franchise Agreement.

PASSED, APPROVED AND ADOPTED this 17th day of April 2023. _____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________________

DARLENE GERDES, CITY CLERK

Attachment 7B

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: AGREEMENT WITH THE YUCAIPA-CALIMESA JOINT UNIFIED

SCHOOL DISTRICT TO IMPLEMENT A SUMMER FEEDING
PROGRAM IN CALIMESA.

MEETING DATE: April 17, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the Agreement for Summer Feeding Program with the Yucaipa-Calimesa Joint Unified School District.

BACKGROUND AND DISCUSSION: The Yucaipa-Calimesa Joint Unified School District (District) contracts with the United States Department of Agriculture (USDA) to provide the Seamless Summer Food Option (SSFO). The SSFO began operating in Yucaipa in 2016. The objective of the program is to provide meals free of charge to children 18 years of age and under, as well as those over the age of 18 if they are mentally or physically handicapped and participating in a public or private non-profit school program for the mentally/physically handicapped, during the summer months when regular school is not in session.

City and District staff collaborated on the SSFO expanding into Calimesa in 2017, which proved successful in 2017 through 2019. However, the COVID-19 pandemic shut down the SSFO in 2020 and it has not operated since. With the pandemic behind us, the City and District are ready to bring the SSFO back.

Upon Council approval, City staff will work with the District toward re-implementation of the SSFO.

The SSFO will operate from Monday June 12, 2023 through Friday July 21, 2019, excluding June 19, 2023 and July 4, 2023, at the 4th Street Community Park. It will operate for approximately onehalf hour each day, excluding set-up and clean-up. The actual time set will be agreed upon by the City and District and will be sufficient to serve all appropriate community members.

The District will be responsible for the USDA contract, lunch menu, daily preparation, delivery, and distribution of the lunches, as well as providing banners for the site. The Agreement will be presented to the District School Board for approval at the May 16, 2023 Board meeting.

The City will provide a suitable (clean and trash-free) site for meal service and distribution, provide for trash collection and disposal each day after the Program, hang the banners provided by the District and provide marketing support on the City’s website, social media, and elsewhere in support of the Program. In addition, the contract now requires a volunteer to be provided by the City to assist with set up and meal distribution each day for 30 minutes. Council Member Molina is working

on identifying our volunteer. And although not required under the contract, Council Member Molina is also working on scheduling activities on-site from time to time for the participants.

Aside from updating the effective date and dates of operations, the Agreement remains unchanged from the prior agreement.

FISCAL IMPACT: The staff time necessary to perform the required functions under the Agreement are already incorporated into the annual budget. Applicable maintenance at the site will be prioritized to coincide with Program responsibilities. The direct costs associated with the Seamless Summer Food Option will be borne by the District.

ATTACHMENTS:

Attachment A: Agreement for Summer Feeding Program

Yucaipa Calimesa Joint Unified School District
And
City of Calimesa
12797 Third Street
Yucaipa, California 92399

AGREEMENT FOR SUMMER FEEDING PROGRAM
This Agreement is made and entered into May 16, 2023, by and between YucaipaCalimesa Joint School District, a California public school district (hereinafter referred to as the “Sponsor”) and CITY OF CALIMESA, a California municipal corporation (hereinafter referred to as “Agency”). Sponsor and Agency are sometimes referred to individually as “party” and collectively as “parties”.

WITNESSETH:

WHEREAS, there is a need to provide a Summer Food Service Program (“Program”) to children within the geographical boundaries of the Sponsor; and WHEREAS, through a cooperative effort of the Sponsor and Agency, meals may be provided to these children; and
WHEREAS, the Sponsor intends to contract with the United States Department of Agriculture (“USDA”) to provide these meals to children as qualified by the USDA under the USDA Seamless Summer Option (“SSO”); and
WHEREAS, the Agency will be providing recreational or educational programs to children on Agency premises (Agency Site”); and
WHEREAS, the Agency Site has been selected as a food service serving site for the Program;
NOW, THEREFORE, the parties hereby agree as follows:

1. SERVICES AND JOINT RESPONSIBILITIES
a. The Sponsor will provide lunches to be served by the parties to children 18 years of age and under (or persons over 18 years of age if they are mentally or physically handicapped and participating in a public or private non-profit school program for the mentally/physically handicapped). b. The Sponsor will provide lunches that meet the nutritional requirements of the National School Lunch (“NSLP”) lunch meal pattern. c. “Operations” shall begin on June 12, 2023 and continue through July 21, 2023, with the exception of the closures on June 19, 2023 and July 4,

Attachment 8A
2 2023. Service will be Mondays – Fridays, at Calimesa 4th Street Community Park at 960 4th Street, Calimesa. The site may close and operations cease prior to July 21, 2023 upon mutual consent of the parties and adequate notice to the public and State officials.
d. Lunch will be served by a designated time agreed by both parties. Lunch serving times will be sufficient to serve all appropriate community members while staff of each party will complete their duties throughout the serving period.
e. Proper temperature of food shall be maintained at all times, including the preparation, transportation, delivery and storage of food before serving lunches at the Agency Site and throughout the serving period.

Food thermometers as approved by the County’s Environmental Health Department shall be used.
f. Meal service may not be provided on days when Sponsor has a designated Holiday for district employees.

2. RESPONSIBILITIES OF BOTH PARTIES
a. At all times, both parties shall comply with all County applicable health laws, Civil Rights law, and USDA regulations relating to the preparation, delivery and serving lunches for the Program, including but expressly not limited to compliance with all health and sanitation requirement of the Program.
b. Each party understands and agrees that the other party is a governmental entity duly organized under the laws of the State of California and that each is legally self-insured or otherwise insured under the laws of the State, that each party’s insurance is adequate to insure against foreseeable claims, and that neither party shall require either certification of such coverage or require additional coverage.

3. AGENCY RESPONSIBILITIES
In addition to the above joint responsibilities as set forth in Section 2, the Agency shall be responsible for the following:
a. Provide a suitable site that is clean, free of trash and debris and reasonably accessible for the purpose of meal service and distribution of the SSO meal. b. Provide staff with appropriate authority to be responsible for security of the area and enforcing USDA rules and regulations of the SSO.

3 c. Provide a volunteer to assist in set up and distribution of meals to program participants. The volunteered time will be no greater than 30 minutes per day.
d. Attend any training provided by the Sponsor to assist in upholding all rules and regulations of the SSO.
e. The Agency will perform the required advertisement of the Program to the community and display the required banners at each site promptly once they receive the banner(s) from the Sponsor.
f. Subject to Section 2(B) of this Agreement, the Agency shall carry adequate liability and property damage insurance to insure against all foreseeable claims to the extent arising out of Agency ’s performance of the responsibilities required under this Agreement.
g. The Agency shall assume all responsibility to collect and dispose of waste at both park sites, at no expense to Sponsor.

4. SPONSOR RESPONSIBILITIES
In addition to the above joint responsibilities as set forth in Section 2, the Sponsor shall be responsible for compliance with all of the following requirements:
a. The Sponsor shall maintain a current contract with the USDA for the administration and execution of the SSO.
b. The Sponsor will provide and set up advertisement signage at the beginning of the meal period and promptly removed the signage after the conclusion of the meal period every day.
c. The Sponsor shall deliver, set up and serve all eligible participants a reimbursable lunch at the Agency Site.
d. The Sponsor shall begin and end meal service times in accordance with USDA requirements.
e. The planned menu and meals served by the Sponsor shall meet the NSLP lunch meal pattern as defined and required by USDA regulations. f. The Sponsor shall develop, record and maintain accurate production records to comply with USDA regulations.
g. The Sponsor shall ensure that the nondiscrimination poster is displayed in a prominent place at the Agency Site.

4 h. The Sponsor shall develop meal counting procedures to ensure the accuracy of the process.
i. The Sponsor shall provide necessary paper goods and utensils, and personnel for transportation of meals.
j. The Sponsor shall provide banners for the site to Agency three weeks prior to the start of the Program.
k. Subject to Section 2(B) of this Agreement, the Sponsor shall carry adequate liability and property damage insurance to insure against all foreseeable claims to the extent arising out of the Sponsor’s performance of the responsibilities required under this Agreement.

5. MUTUAL HOLD HARMLESS AND INDEMNIFICATION:
a. To the fullest extent permitted by law, the Sponsor shall indemnify, defend (with legal counsel approved by the Agency, which such Agency approval shall not be unreasonably withheld), save and hold harmless the Agency and its elected and appointed officials, officers, agents, servants and employees (collectively “Agency Indemnitees”), of and from any and all losses, liabilities, claims, demands, debts, suits, actions, causes of action, costs or expenses (including but not limited to reasonable attorneys fees and costs), of any nature for loss or damage to property or injury or death to persons, to the extent arising out of, resulting from or caused by any negligent or wrongful acts, errors or omissions of the Sponsor or any of the Sponsor’s elected or appointed officials, officers, agents, servants and employees, in the performance of this Agreement (collectively “Agency Claims”). Notwithstanding the foregoing, the Sponsor’s duty to defend, indemnify, save and hold harmless the Agency Indemnitees exclude: (i) any Agency Claim or portion of such Claim to the extent caused by the negligence or willful misconduct of the Agency’s Indemnitees or any of them, or (ii) punitive or exemplary damages imposed against the Agency Indemnitees or any of them.
b. To the fullest extent permitted by law, the Agency shall indemnify, defend (with legal counsel approved by the Sponsor, which such Sponsor approval shall not be unreasonably withheld), save and hold harmless the Sponsor and its elected and appointed officials, officers, agents, servants and employees (collectively the “Sponsor Indemnitees”), of and from any and all losses, liabilities, claims, demands, debts, suits, actions, causes of action, costs or expenses (including but not limited to reasonable attorneys fees and costs), of any nature for loss or damage to property or injury or death to persons, to the extent arising out of, resulting from or caused by any negligent or wrongful acts, errors or omissions of the Agency or any of the Agency’s elected or appointed officials, officers, agents, servants and employees, in the performance of this Agreement (collectively “Sponsor

5 Claims”). Notwithstanding the foregoing, the Agency’s duty to defend, indemnify, save and hold harmless the Sponsor’s Indemnitees excludes: (i) any Sponsor Claim or portion of such Claim to the extent caused by the negligence or willful misconduct of the Sponsor’s Indemnitees or any of them, or (ii) punitive or exemplary damages imposed against the Sponsor’s Indemnitees or any of them.

6. AMENDMENT.

This Agreement may only be amended by the mutual consent of the parties hereto. Notwithstanding the foregoing, the parties shall comply with any changes to their provision of the services or responsibilities that are required by federal or state law for implementation of the Program. Internal administrative changes to either party’s operating procedures shall not be deemed to be an amendment to the Agreement, except that no such administrative changes shall modify the contractual obligations of either party under this Agreement.

7. TERM AND TERMINATION.
a. This Agreement shall be effective upon the date first written above (“Effective Date”), during the time period of “operations” unless sooner terminated in accordance with subsection (b). This agreement is renewable annually for a total contract period not to exceed 3 years. b. Notwithstanding subsection (a), this Agreement may be terminated by either party with or without cause, upon 30 days’ notice to the other party.

Notice shall be given in accordance with Section 9 of this Agreement.

8. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between the Sponsor and Agency pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

9. NOTICES.

Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered

6 through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows:

If to Agency: If to the Sponsor:

City of Calimesa
Attn: City Manager
908 Park Avenue
Calimesa, CA 92320
Yucaipa-Calimesa Joint Unified
School District
Attn: Director of Child Nutrition
12797 Third Street
Yucaipa, CA 92399
Fax: (909) 790-9262
Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet.

10. HEADERS AND CAPTIONS.

The headers and captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

11. GOVERNING LAW.

This Agreement and the attachments hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

12. INVALIDITY OF PROVISION.

If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

13. CONSTRUCTION.

This Agreement is the product of negotiation, drafting and preparation by and among the Sponsor and the Agency and each of their respective attorneys. The

7 Sponsor and Agency each expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by the Sponsor, Agency, or any of its/their attorneys, and will be construed accordingly. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement.

14. AUTHORITY TO EXECUTE.

Each person executing this Agreement on behalf of a party represents and warrants to the other party that this Agreement has been duly approved by such party, that all applicable notices and procedures were complied with and that the party executing this Agreement on behalf of such party is duly authorized by such party to execute the Agreement on behalf of the party and has been duly authorized to do so.

15. COUNTERPARTS.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

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

AGENCY SPONSOR
City of Calimesa Yucaipa-Calimesa Joint Unified School
District
Signed: Signed:

City of Calimesa Official Yucaipa-Calimesa JUSD
Official
Date Date

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: ACCEPTANCE OF TR 30386 LOT E AND FIRST AMENDMENT TO

AGREEMENT FOR LANDSCAPE SERVICES BETWEEN THE

CITY AND INLAND EMPIRE LANDSCAPE
MEETING DATE: April 17, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council:
1) Accept the landscape improvements for maintenance in Lot E and the adjacent drainage V-ditch of Tract 30386 in Community Facilities District 2013-1 – JP Ranch, and 2) Approve the First Amendment to the Agreement for Landscape Maintenance Services between the City of Calimesa and Inland Empire Landscape, authorize the Mayor to execute the agreement, and direct the City Manager to take all actions necessary to implement the First Amendment.

BACKGROUND: D.R. Horton, the developer for JP Ranch has completed the Landscape Improvement related to the subject lot in the JP Ranch project in compliance with the improvement plans and all applicable City Standards. The work has been inspected and deemed complete. The 90-day maintenance period has started as of February 1, 2023 with a scheduled turnover to the City on May 1, 2023.

On May 17, 2021, the City awarded a contract to Inland Empire Landscape for landscape maintenance services for CFD 2013-1 – JP Ranch. The areas maintained by this contract are only the irrigated landscaped portion of the CFD lots. The non-irrigated portions are maintained in a separate weed abatement contract with A.B. Landscape. This contract did not include Lot E or the V-ditch, which was still under construction and under the maintenance responsibility of the developer, D.R. Horton.

DISCUSSION: The purpose of this amendment is to add Lot E into the area maintained under the existing agreement. The total acreage for Lot E and the V-ditch is 1.41 acres. The area maintained under the existing contract is 3.51 acres. The current monthly rate for general maintenance is $7,806. Based on this rate, and the increase in acreage, the new monthly rate would be $10,941.

FISCAL IMPACT: The approved Fiscal Year 2022-23 CFD JP Ranch Maintenance professional services budget has a sufficient balance of $21,882 for two months of services provided for May 1,

2023 through June 30, 2023. Future fiscal periods will reflect the estimated costs of services through the annual budget process.

ATTACHMENTS:

Attachment A: First Amendment to Contract for Landscape Maintenance Services Attachment B: Contract for Landscape Maintenance Services

FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE

SERVICES BETWEEN THE CITY OF CALIMESA AND INLAND EMPIRE LANDSCAPE, INC.

This FIRST AMENDMENT to AGREEMENT FOR LANDSCAPE SERVICES (hereinafter “Agreement”), for reference purposes dated this __ day of APRIL, 2023, is made and entered into by and between the CITY OF CALIMESA, CALIFORNIA (hereinafter “City”) and INLAND EMPIRE LANDSCAPE, INC. (hereinafter “Grantee”) with reference to the following facts:

RECITALS
WHEREAS, City and Grantee entered into a certain Agreement for landscape maintenance services for Community Facilities District 2013-1 – JP Ranch dated May 25, 2021; and
WHEREAS, the initial Agreement did not include maintenance services for Lot E and the adjacent v-ditch in JP Ranch due to construction not being completed; and WHEREAS, the developer has now completed the landscape improvements for said areas in compliance with City standards; and
WHEREAS, Grantee has agreed to provide services for said areas based on the current pricing per acre; and
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 Grantee agree to amend the Agreement for Street Sweeping Services as follows:

AMENDMENT

1. The quantity for landscaped planters/shrubs is hereby increased to 4.92 acres.

2. The costs for Landscape Maintenance and Irrigation System Maintenance are hereby increased per the following table:

Initial Pricing Amended Pricing
Description Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Landscape
Maintenance
12 Mo. $6906.00 $82,872.00 $9680.21 $116,162.52
Irrigation System
Maintenance
52 Ea. $225.00 $11,700.00 $315.38 $16,399.76

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

Attachment 9A

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.

5. Effective Date. This First Amendment shall become effective on May 1, 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
Inland Empire Incorporated, a California
corporation
By: _____________________________
Its: _____________________________
By: _____________________________
Its: _____________________________

Attachment 9B

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: RESOLUTION NO. 2023-17 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CALIMESA APPROVING PROPOSED

BOUNDARY MAPS FOR CERTAIN ASSESSMENT DISTRICTS TO

BE FORMED IN RESPECT OF THE DEVELOPMENT PROJECTS

KNOWN AS OAK VALLEY TOWN CENTER, SUMMERWIND, EPC

AND MESA VERDE
MEETING DATE: April 17, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council adopt Resolution No. 2023-17, a Resolution of the City Council of the City of Calimesa approving proposed boundary maps for certain assessment districts to be formed in respect to the development projects known as Oak Valley Town Center, Summerwind EPC, and Mesa Verde.

BACKGROUND & DISCUSSION: On February 6, 2023, the City Council approved Resolution No. 2023-07, a Resolution of the City Council of The City of Calimesa authorizing the California Statewide Communities Development Authority to conduct special assessment proceedings and levy assessments within the territory of the City of Calimesa for the Yucaipa Valley Water District; and authorizing related actions. After the approval, it was discovered that, due to a clerical error, a map of the territory proposed to be included in the assessment district was inadvertently omitted from the Resolution. The map is required to be a part of the Resolution pursuant to Section 10104 of the Streets and Highways Code. Resolution No. 2023-17 amends Resolution No. 2023-07 to include the require map.

FISCAL IMPACT: None. There is no financial liability to the City. Costs are minimal to process the resolution.

ATTACHMENTS: Please use letters when identifying attachments Attachment A: Resolution No. 2023-17

RESOLUTION NO. 2023-17

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

APPROVING PROPOSED BOUNDARY MAPS FOR CERTAIN ASSESSMENT

DISTRICTS TO BE FORMED IN RESPECT OF THE DEVELOPMENT

PROJECTS KNOWN AS OAK VALLEY TOWN CENTER, SUMMERWIND, EPC

AND MESA VERDE
WHEREAS, by Resolution No. 2023-07, adopted by this City Council on February 6, 2023 (the “Original Resolution”), the City of Calimesa, California (the “City”), authorized the California Statewide Communities Development Authority (the “Authority”) to conduct special assessment proceedings and levy assessments within the territory of the City for the Yucaipa Valley Water District (the “District”); and
WHEREAS, certain property within the boundaries of the District and within the boundaries of the City is being developed in development projects currently known as Oak Valley Town Center, Summerwind, EPC and Mesa Verde (the “Development Projects”); and WHEREAS, by the Original Resolution, the City approved the formation by the Authority of one or more assessment districts for the purpose of financing certain fees and/or improvements for the benefit of the Development Projects and the levy of assessments therein; and
WHEREAS, due to a clerical error a map of the territory proposed to be included in said assessment districts was inadvertently omitted from Resolution No. 2023-07; and WHEREAS, the territory within which assessments may be levied in respect of the Development Projects is shown on the maps entitled “Proposed Boundaries of the California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. 23-03 (Oak Valley Town Center, Summerwind (Phase II – V), EPC) County of Riverside, State of California” and “Proposed Boundaries of the California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. 23-04 (Mesa Verde) County of Riverside, State of California” attached hereto (collectively, the “Proposed Boundary Maps”) and presented to this meeting; WHEREAS, by this Resolution, the City wishes to amend its Original Resolution to include therein the plat or map required to be included in said resolution pursuant to Section 10104 of the Streets and Highways Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calimesa as follows:

Section 1. The Original Resolution previously adopted by this City Council is hereby amended such that all references to “Proposed Boundaries” therein shall be construed to refer to the territory contained within the Proposed Boundary Maps, in aggregate. The Original Resolution is further hereby amended to include as Exhibit B the Proposed Boundary Maps attached hereto. Except as amended by this Resolution, the Original Resolution shall remain in full force and effect.

Attachment 10A
Section 2. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority.

PASSED, APPROVED and ADOPTED this 17
th day of April, 2023.

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK

AMENDED EXHIBIT B TO RESOLUTION 2023-07
Attached

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: LETTER OF OPPOSITION FOR SENATE BILL 423
MEETING DATE: April 17, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the attached letter of opposition to Senate Bill (SB) 423 and authorize the Mayor to sign the letter on behalf of the City.

BACKGROUND: In 2017, the Legislature passed, and the Governor signed, SB 35 (Chapter 366, Statutes of 2017). This law makes the approval of certain multifamily developments, “ministerial” actions. As a result, the approval of these developments preempts local discretionary land use authority, bypasses the California Environmental Quality Act, and ignores public input. SB 35 is scheduled to sunset on January 1, 2026.

DISCUSSION: The author of SB 35, Scott Wiener, has introduced SB 423 in the current session legislative session. SB 423 would greatly expand SB 35 provisions and eliminate the January 1, 2026, sunset date, permanently requiring cities to approve certain multifamily housing projects without public input or environmental review.

The major provisions of SB 423 are as follows:
• Applies SB 35 provisions to cities that have not been found in substantial compliance with housing element law by the California Department of Housing and Community Development. • Applies SB 35 provisions to developments in the Coastal Zone. • Allows the state to approve housing developments on property they own or lease without being required to follow local zoning and development standards. • Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.

SB 423 is the latest overreaching bill that erodes local control over land use decisions and would force cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. Perhaps more concerning is that it would set a precedent for the state to take ministerial actions over housing projects on state owned land, thereby excluding local jurisdictions from any involvement in the process, including the application of local zoning and objective development standards.

The Senate Committee on Governance and Finance will be hearing the bill on Wednesday, April

26. If the City Council approves the attached letter, staff will provide the letter to the Committee prior to the hearing.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: SB 423 Letter of Opposition
Attachment B: SB 423 Legislative Counsel’s Digest (as amended as of April 11, 2023)

City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.cityofcalimesa.net
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” April 10, 2023
The Honorable Anna Caballero
Chair, Senate Committee on Governance and Finance
State Capitol, Room 407
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.

Notice of Opposition
Dear Senator Caballero:

The City of Calimesa writes to express our opposition to SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

Attachment 11A
Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. After all, it was state action that eliminated a critical funding source of affordable housing with the elimination of redevelopment agencies. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process.

What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, the City of Calimesa respectfully opposes SB 423.

Sincerely,
William Davis
Mayor
City of Calimesa
CC: Senator Rosilicie Ochoa Bogh
Assemblymember Greg Wallis
Erin Sasse, Regional Public Affairs Manager, Riverside County (via email) League of California Cities (Via email: [email protected])

AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as amended, Wiener. Land use: streamlined housing approvals: multifamily housing developments.

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.

This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would 98

Attachment 11B
delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings.

This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including 98 SB 423 — 2 —

all relevant planning and permitting departments, equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above-described streamlined approval requirements within specified time periods. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies requiring, prior to approving a development that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that are unnecessary to ascertain consistency do not pertain directly to determining whether the development is consistent with the objective planning standards. standards applicable to the development.

The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.
98 — 3 — SB 423

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: CALIMESA LIBRARY PROJECT UPDATE
MEETING DATE: April 17, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Wil Kolbow, City Manager
RECOMMENDATION: That the City Council receive and file the Calimesa Library Project Update.

BACKGROUND/DISCUSSION: The following is a timeline of the Calimesa Library Project and progress to date.
• October 18, 2021 the City Council conceptually approved a partnership between the City of Calimesa and the County of Riverside Office of Economic Development for the building of a new Calimesa Library Building and conceptually agreed to the allocation of funds from both the Library Facilities Fees Fund (Fund 34) and the Library Operations Fund (Fund 19).
• Following the action taken by Council, City staff and the County Office of Economic Development staff have continued to work together and in April 2022 Tilden Coil was selected as the design build contractor.
• In November 2022 the Riverside County Board of Supervisors approved the DesignBuild Agreement with Tilden-Coil of Riverside, California in the amount of $3,177,652 for design, preconstruction costs, and advanced procurement and demolition allowances. They further approved the Memorandum of Understanding and Funding Agreement between the City of Calimesa and County of Riverside to formalize the funding, general scope, and joint participation on the project. • The MOU allocated the financial contributions as follows: County of Riverside will contribute a maximum of Two Million, Five Hundred Eighty-Five Thousand, Eight Hundred Fifty-Four Dollars ($2,585,854.00) towards the project further broken down as follows: County Development Impact Fees Fund - $2,500,000.00 and Riverside County Library System Fund $85,854.00. The City of Calimesa will contribute and transfer to the County a maximum of One Million Four Hundred Fourteen Thousand, One Hundred Forty-Six Dollars ($1,414,146.00) towards the project, further broken down as follows:

Library Facilities Development Impact Fees Fund $1,110,000.00, Library Operations Fund $226,285.00, and Donations/Deposits $77,861.00.

• Further, the MOU provides for payments from the City to the County as follows: The City shall pay fifteen percent (15%) of the City’s contribution within thirty (30) days’ notice of the County’s award of a Design-Build Contract, fifty percent (50%) within thirty (30) days’ notice of the County’s acceptance and award of a Design-Build Guaranteed Maximum Price (GMP) Contract, which award authorizes the Design-Build contractor to proceed with construction. Thirty percent (30%) within thirty (30) days’ notice of the state of onsite building erection/renovation or modular set-down permit completion.

Five percent (5%) within thirty (30) days’ notice of the County’s acceptance of the Project notice of completion as approved by the County Board of Supervisors.

City and County staff continue to work together with the design team in creating a design that will enhance and abide by the City’s design standards. The original discussions placed the new building on the vacant parcel adjacent to the current library building, allowing for the current library to continue operations while the new facility is constructed.

Upon further review, and in an effort to save costs of an approximate amount of $350,000 - $400,000, the County has proposed relocating the project to the existing library site.

Demolition would be of the existing library and not the old post office building, this would be left for the City to demolish. The County will seek to provide as much of the parcel as possible to the north for the City to utilize further. The County and City agree that the largest concern to the revised plan is maintaining public access to the library and library services. In order for this footprint to work and to keep library services intact, a temporary location is necessary to house the library during construction. The City and County staff are working together to locate a temporary site to host an interim library for the public while the existing library is demolished and a new library is constructed. The County will be covering any costs associated with the interim library including rent, relocation, staffing, etc.

Contact has been made with Bank of America for the interim use of the vacant Bank of America building located at 1055 Calimesa Boulevard, on the corner of Calimesa Boulevard and Avenue L. City and County staff have toured the facility and further review by the County is currently underway. Following the County’s final determination of whether the building will provide an adequate use for an interim library facility, conversations will resume with Bank of America to determine rent costs, temporary improvements, etc.

The Library Commission was informed of these revisions at their April 4, 2023 meeting and concur with the changes, as long as an interim library facility can be obtained. Additional updates will be provided to the Council as the project progresses. Further, the MOU will require amendments and will be brought before the Board of Supervisors and the City Council for final approval.

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: UPDATE TO THE CITY COUNCIL POLICIES AND PROCEDURES

FOR COUNCIL MEETINGS AND THE POLICIES AND

PROCEDURES FOR CITY COMMISSIONS, COMMITTEES AND

BOARD MEETINGS
MEETING DATE: April 17, 2023
PREPARED BY: Brendan Kearns, Assistant City Attorney
Will Kolbow, City Manager
Darlene Gerdes, Deputy City Manager/City Clerk
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2023-18, A Resolution of the City Council of the City of Calimesa adopting updated Council Policies and Procedures for Council Meetings and Related Functions and Activities and repealing and replacing Resolution No. 2008-38 in its entirety.

2. Adopt Resolution No. 2023-19, A Resolution of the City Council of the City of Calimesa adopting updated Policies and Procedures for the conduct of City Commissioners, Committee Members and Board Members and repealing and replacing Resolution No. 98-26 in its entirety.

BACKGROUND/DISCUSSION: In enacting the Brown Act, the California Legislature found and declared that the public boards, including City Councils, exist to aid in the conduct of the people’s business. It is the intent of state law that the actions of public boards be taken openly and that their deliberations be conducted openly. Two key provisions of the Brown Act which ensure the public’s business is conducted openly are the requirements that legislative bodies (e.g., City Councils) publicly post agendas prior to their meetings, and that no action or discussion may occur on items or subjects not listed on the posted agenda. The Brown Act requires that City Councils provide by ordinance, resolution, bylaws or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings, and provides that City Councils also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. The City Council has periodically refined its procedural rules for meetings to serve the dual goals of allowing the public ample opportunity to speak and efficiently conduct City Council meetings. The Council last adopted rules in 2008.

Attached for Council consideration is a redlined draft resolution updating its procedural rules to facilitate effective and efficient meeting management, greater transparency, and meaningful public participation. The proposed rules will:

• Identify the locations where members of the public may access agenda materials prior to each regular Council meeting;
• Update the order of business for Council meetings; and • Clarify the Council’s procedures for addressing disruptive conduct at its meetings.

These rules are consistent with recent amendments to the Brown Act and related state law.

Further attached for Council consideration is a draft resolution updating the rules of procedure for the conduct of City Commissioners, Committee Members and Board Members. The Council last adopted these rules in 1998. These rules of procedure have consistent language as the Council Rules of Procedure that include the recent amendments to the Brown Act and related state law.

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

ATTACHMENTS:

Attachment A: Resolution No. 2023-18 updating the Council Policies and Procedures (redline version)
Attachment B: Final version - Resolution No. 2023-18 updating the Council Policies and Procedures
Attachment C: Final version - Resolution No. 2023-19 updating the Commission, Committee & Board Policies and Procedures

1 RESOLUTION NO. 2008-382023-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

ADOPTING UPDATED COUNCIL POLICIES AND PROCEDURES FOR

COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES
AND RESCINDING RESOLUTION NO. 2008-38 IN ITS ENTIRETY

RECITALS
A. The primary intent of California’s open meeting law, the Brown Act, is that the people’s business be conducted openly and transparently, after providing an opportunity to the largest number of members of the public to directly address the council before the council takes action on any item. The Brown Act mandates that city councils adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public,” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body.

B. The Brown Act provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out. Pursuant to the Brown Act, Calimesa Municipal Code Section 2.10.060 provides that the Calimesa City Council may, from time to time, adopt by resolution rules of procedure for the conduct of meetings. The rules of procedure, as amended by the City Council, provide an opportunity for members of the public to directly address the City Council on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable time. Periodically, the Calimesa City Council reviews and amends its rules of procedure to facilitate the efficient and transparent conduct of the City’s business at a reasonable hour.

The City Council desires to amend the rules of order to facilitate effective and efficient meeting management, greater transparency and meaningful public participation, and to rescind and replace Resolution No. 2008-38 in its entirety.

Whereas, the City Council of Calimesa adopted City Council Policies and Procedure in 1994 to guide the operation of City Council meetings and to provide clarification as to procedures that applied to certain decisions; and Whereas, the City Council has found it necessary to review and update the City Council’s adopted Policies and Procedures.

C.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES

Attachment 13A
2 RESOLVE AS FOLLOWS:

SECTION 1. INTRODUCTION

1.1 Purpose of Policies and Procedures
The purpose and intent of the City Council of the City of Calimesa (hereinafter “the City Council”) in adopting these policies and procedures is to provide direction and guidelines relating to the conduct of public business by or on behalf of the City Council. These policies are directory rather than mandatory and unless otherwise specifically provided by City Ordinance or state or federal law, a violation will not invalidate any action taken by the City Council or impose liability for their breach. It is anticipated that these policies and procedures will be reviewed by the City Council on a biennial basis (every two years) and may be revised from time to time.

1.2 Overview of City Documents
These policies and procedures provide a summary of important aspects of City Council activities. However, they cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents that establish City Council direction or impose requirements upon the City Council is provided below.

Municipal Code: The Calimesa Municipal Code contains local laws and regulations adopted by ordinances of the City. The Administration Chapter of the Code provides for the time and location of regular meetings of the City Council, and specifies some of the basic duties of the City Manager, City Attorney and City Clerk. It also describes the role and function of certain advisory commissions. In addition to these administrative matters, the Municipal Code contains a variety of city laws. The Municipal Code is available either on the City’s website at www.cityofcalimesa.net or from the City Clerk.

California Government Code: The California Government Code contains many requirements for the operation of City government. Many of these requirements are also replicated within the Calimesa Municipal Code to ensure there is broad awareness of such requirements. Calimesa is a “general law” city, which means it was formed and is organized in accordance with provisions of the California Government Code rather than by enactment of a city charter. Also described within the California Government Code is the City Council-City Manager form of government. Basically, this form of government prescribes that a city council’s role is to establish policies and priorities, while the role of the City Manager is to oversee the operations of the city government.

Annual Budget: The City’s annual budget provides a description of city services and the resources used to provide those services. The document contains both a broad overview of the budget as well as specific amounts of revenue anticipated to be

3 received in a year and anticipated expenditures organized for convenience by department. The city operates on a July 1 through June 30 fiscal year.

General Plan: The City’s General Plan is required to be adopted and updated periodically and is intended by state law to constitute the “constitution” for the development of the City. The General Plan is comprised of a number of elements, such as land use, transportation, open space and housing, in accordance with State requirements, and provides policy framework for various matters that fall within these areas.

SECTION 2. MEETINGS

2.1 Regular Meetings
The City Council of the City of Calimesa shall hold regular meetings on the first and third Monday of each month, with closed sessions commencing at 5:30 p.m. and the open public portion of the meeting beginning at 6:00 p.m. as per Calimesa Municipal Code Chapter 2.10, Section 2.10.050.. or as soon as the closed session portion of the meeting has concluded. Regular meetings shall be conducted at the Norton Younglove, Multipurpose Senior Center, 908 Park Avenue, Calimesa, CA 92320.

If the day for a regular meeting of the City Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding Tuesday thereafter that is not a holiday. The City Council may periodically cancel one regular meeting per month as a means to reduce cost and when no items of immediate need are pending.

2.2 Adjourned Meetings
Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

2.3 Special Meetings
Special meetings may be called by the Mayor or a majority of Council Members on 24-hour notice, as set forth in Government Code Section 54956. Only matters contained in the notice may be considered. The “call and notice” of the meeting and the agenda must be posted in a publicly accessible area, including in some cases on the local agency’s website, at least 24 hours prior to the meeting. Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by “any other means” (such as facsimile, email or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice.

Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to members of the legislative body.

Special meetings may be called by the Mayor or a majority of Council Members on 24-hour notice, as set forth in Section 54956 of the California Government Code. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted.

4 2.4 Emergency Meetings.

Emergency meetings may be called pursuant to Government Code Section 54956.5.

2.45 Study Sessions
Members of the City Council may meet in Study Session as deemed necessary (See 1011.1). Study Ssessions shall be noticed as adjourned regular meetings or as special meetings.

2.6 Closed Sessions. Closed sessions may be held pursuant to the Brown Act.

2.5 Notice of Meetings
Notice of regular meetings is not required. Mailed or personally delivered notice is required of special meetings and study sessions, unless otherwise waived.

Mailed and posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings (Section 54955 Government Code)

2.67 Quorum
Unless otherwise provided for by resolution, a majority of the City Council shall be sufficient to do business and motions may be passed 2-1 if only three (3) attend.

The following matters, however, require three (3) affirmative votes: a) adoption of ordinances, b) adoption of resolutions, and c) orders for payment of money.

2.6.1 A. Rule of Legally Required Participation
If a majority of the City Council are disqualified to vote on a matter by reason of actual or apparent conflict of interest, the City Council shall select by lot or other means as the City Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a mere quorum.

2.78 Meetings to be Public
With the exception of closed sessions held in accordance with the Brown Act, Study Sstudy Sessions Ssessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the City Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects:

2.7.1A. Personnel Matters
To consider the appointment, employment, evaluation, or dismissal of a public employee or to hear complaints or charges brought against such employee by another employee or person unless such employee requests a public hearing. The City Council may exclude from the public any such closed session during the examination of a witness or any other witnesses in the matter being investigated.

5 2.7.2B. Attorney-Client Matters
To consider potential, anticipated or pending litigation in which the City is or could be a party.

2.7.3C. Acquisition, sale, or lease of property
To consider possible purchase, sale, or lease of property.

2.8 Closed Session Minutes
Pursuant to Section 54957.2 of the California Government Code, the City Clerk may be required to attend a Closed Session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minute shall be maintained pursuant to said section of the Government Code.

2.99 Meeting Time Limitation
Any public agenda items which have not been initiated by 10:30 p.m. will be continued either to an adjourned meeting, a special meeting or to the next regularly scheduled City Council meeting, and any item initiated before 10:30 p.m. on which a conclusion has not been reached by 11:00 p.m. will be continued to an adjourned meeting, the next regularly scheduled meeting or a special meeting, except with majority consent of the City Council to waive such time limit.

SECTION 3. AGENDAS AND ORDER OF BUSINESS

3.1 Agendas for Regular Meetings
A. A written agenda shall be prepared for each City Council meeting in conformance with the Brown Act, Government Code Section 54950 et seq., or as it is subsequently amended.

B. The agenda must contain a brief general description of each item of business to be transacted or discussed at that meeting.

C. Each agenda shall contain a clear statement of the time and location of the meeting.

D. Each agenda shall state that reports and documents
relating to each agenda item (the “Agenda Packet”) are available for public inspection at City Hall at least 72 hours in advance of any regular Council meeting. Agenda packets are also available online on the City’s website and Calimesa Public Library located at 974 Calimesa Boulevard.

E.. The agenda shall be posted in full compliance with the Brown Act at City Hall, Calimesa Public Library, and the Norton Younglove, Multipurpose

6 Senior Center in locations that are freely accessible to the public. The agenda also shall be posted on the City’s website. The agendas and agenda packets may be provided via other electronic means. The person posting the agenda shall complete and sign a certificate of posting.

F. Need to Take Action on Non-agenda Items. The City
Council may act upon an item not appearing on the agenda if it finds, by a twothirds vote of the members present at the meeting or if less than two-thirds of the members are present, by a unanimous vote of the members present, that there is a need to take immediate action on the non-agenda item and such need to act came to the Council’s attention after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken.

3.12 Agenda
The order of business The order of business of the City Council shall be considered in substantially the following order, except as may otherwise be ordered by the Mayor or a majority of the Council:
of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topic of the subject that shall be taken up for consideration in the following order:

Call to Order
Closed Session
Closed Session Announcement
Roll Call
Pledge of Allegiance
Special Presentations (occasionally as needed)
Approval of Agenda and Waiver of full reading of Ordinances This is the time for the City Council to:
(a) notify the public of any changes to the agenda;
(b) remove items from the Consent Calendar for individual consideration; or (c) rearrange the order of the agenda.

Public CommentsCommunications from the Public
Speakers may comment for up to three minutes on any matter within the subject matter jurisdiction of the City Council, including agenda items. For scheduling purposes, the Council encourages speakers to submit a speaker card. 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. Speakers who wish to comment on Public Hearing agenda items are

7 encouraged to comment when those items are heard so their comments may be included in the record of the hearing.

Approval of Agenda
Consent Calendar
Items on the Consent Calendar are considered routine and customary. They are enacted by a single motion with the exception of items previously removed by a City Council Member M e m b e r during “Approval of the Agenda.” Any items previously removed shall be individually considered immediately after taking action on the Consent Calendar.

Chamber of Commerce Reports (2nd meeting each month)
Chief of PoliceSheriff Captain Comments and Reports
Fire Chief Comments and Reports
Mayor and Council Member Reporting of County & Regional Meetings/Conferences
This is the time for comments, announcements and/or reports on meetings and conferences attended at public expense as required by AB 1234.

Public Hearings
See Section 3.8.Order of business
Mayor: Opens public hearing
City Clerk: Certifies the public hearing has been duly noticed and informs the public whether further correspondence has been received after the posting of the agenda Staff: Presentation
Applicant/Representative: Presentation
Appellant(s) (if any): Presentation
Public Comments
Applicant: Rebuttal (if requested)
Mayor: Closes public hearing
Council: Discussion and deliberation
Council Motion and vote
In accordance with providing the applicant, appellants (if any) and the public with due process, the Mayor may:
ask the applicant how much time the applicant and its representatives wants to speak. ask the appellant(s) how much time the appellant(s) wants to speak. after inviting members of the public to speak, inquire if there are many persons who wish to speak, and if so, to request they appoint a spokesperson. Each speaker will be requested to provide his or her name for the record. The Mayor shall provide three
minutes to each speaker, unless the Mayor establishes a shorter or longer period for individual speakers, based on the number of individuals who wish to speak, in accordance with due process requirements.

No additional evidence shall be presented after the close of the Public Hearing unless it is reopened by the Mayor.

Business Items
Each speaker may comment for up to three minutes on any individual item on the agenda at the

8 time the matter is being considered. Unless a majority of the Council objects, the Mayor may provide speakers with more or less time to speak.

Mayor and Council Member Comments & Reports
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 address 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 Reports
Closed Sessions
Closed Session Announcements
Adjournment
In preparing the agenda, staff may place items in an order other than specified above so as to allow items involving paid city consultants or contract officials to be heard early in the meeting. This flexibility is for the purpose of allowing paid city consultants or contract officials to leave the meeting when all of the items requiring their attendance are completed and when directed by the City Manager so as to reduce the cost incurred by the City for their attendance. Once the agenda is posted, items may not be taken out of order except with majority consent of the City Council at the meeting under the heading of “Approval of the Agenda.”

3.23 Placing Items on Agenda
Any Council Member may request an item to be placed upon a future City Council agenda, which item will be placed on a future agenda if there is but must be seconded by another Council Member anreceive Council consensus. Once placed on an agenda and discussed at a meeting, upon agreement of a majority of the City Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request verbally during a meeting or may submit written requests not less than three business days prior to the date that the agenda is scheduled to be posted and distributed to the City Council and the public. In urgent situations, such requests may be presented not less than one (1) day prior to the date the agenda is posted and distributed. Normally, the process involves two steps: initial consideration of the request by the full Council at the soonest possible regularly scheduled meeting; and if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda.

A member of the public may request that an item be placed on a future

9 agenda during public comment or through other communication with Council Members.

Upon approval of a majority of Councilthe Council, the item will be agendized and a staff report may be prepared. The City Manger will inform the City Council of the potential impact the request will have on established priorities or staff workload and seek approval by the City Council before authorizing the work or scheduling the item as appropriate.

Emergency and non-agendized items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies.

Adding an emergency item requires a majority vote. Emergency items are very rare.

More likely, after the agenda is posted an item arises that the City Council finds necessary to act upon prior to the next regular meeting. Non-agendized items may be added to the agenda only if the City Council makes findings that (1) the need to consider the item arose after the posting of the agenda, and (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a 4/5th vote; if less than five members of the City Council are present, the findings require a unanimous vote of those present.

3.34 Delivery of Agenda
Barring insurmountable difficulties, the Agenda shall ordinarily be available to Council Members each Thursday preceding the Monday meeting to which it pertains.

The agenda shall also be available to the general public at the time it is available to the City Council.

3.4 5 Call to Order
Before proceeding with the business of the City Council, the City Clerk shall record the names of those Council Members present and they shall be entered in the minutes.

3.56 Closed Session
The City Council will convene a closed session to consider items that are within the scope of the closed session exception to the open meeting requirements of the Brown Act. Following the closed session, a closed session report will be orally presented containing any information required by the Brown Act to be disclosed.

3.6 7 Approval of Minutes
Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Council Member with a copy thereof. Minutes shall be prepared in the form of “action minutes” where the minutes reflect only the action taken and not the statements or comments of every speaker.

3.7 8 Public Hearings
Generally, Public Hearings, other than those of a quasi-judicial nature, shall be conducted in the following order:

10 Public Hearings
Order of business
• Mayor: Opens public hearing
• City Clerk: Certifies the public hearing has been duly noticed and informs the public whether further correspondence has been received after the posting of the agenda
• Staff: Presentation
• Applicant/Representative: Presentation
• Appellant(s) (if any): Presentation
• Public Comments
• Applicant: Rebuttal (if requested)
• Mayor: Closes public hearing
• Council: Discussion and deliberation
• Council Motion and vote
In accordance with providing the applicant, appellants (if any) and the public with due process, the Mayor may:
• Aask the applicant how much time the applicant and its representatives wants to speak.
• Aask the appellant(s) how much time the appellant(s) wants to speak.
• Aafter inviting members of the public to speak, inquire if there are many persons who wish to speak, and if so, to request they appoint a spokesperson. Each speaker will be requested to provide his or her name for the record. The Mayor shall provide three minutes to each speaker, unless the Mayor establishes a shorter or longer period for individual speakers, based on the number of individuals who wish to speak, in accordance with due process requirements.

The record of the proceeding is limited to testimony and documents presented before the close of the public hearing. No additional evidence shall be presented after the close of the Public Hearing unless it is reopened by the Mayor.

Open Public Hearing
Staff Presentation
Applicant/Representative Presentation
Public Comments
Applicant Rebuttal
Public Hearing Closed
Council Discussion

11 Council Motion and Vote
Questions or comments from the publicSpeakers may address the Council on the subject matter of the public hearing for three minutes. shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the modify the amount of time provided to each speaker for testimony. hearing, limit testimony to three (3) minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has a graphic or slide presentation requiring more time. During the public hearing, the City Council may, at any time, ask questions of the staff, the applicant, appellant(s), or the public. However, once the hearing has been closed, no further comments will be received from the applicant or the public without the City Council first voting to re-open the hearing.

Further, due to additional due process considerations, there may be additional considerations for Qquasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney may shall advise the City Council in this regard.

In any hearings before the City Council, notice of which is to be published or posted, if the City Council, or any member thereof, or a proponent or opponent of the matter requests that any or all participants in the proceedings testify under oath or affirmation, the making of such request shall be set forth in the notice of hearing.

Additionally, the notice of hearing shall state that the giving of testimony under oath or affirmation in any such proceeding shall, before testifying, state on the record that he/she agrees to testify under oath or affirmation in the matter and has had an opportunity to consult with an attorney of his/her own choosing in respect thereto.

3.8 9 Public CommentsCommunications from the Public
Subject to the limitations set forth in 5.4, any person may address the City Council on any subject pertaining to City business not otherwise listed on the agenda, during the public comment portion of the meeting. A time limit of three (3) minutes shall be set for each person desiring to address the City Council during the public comment designation on the agenda.

3.9 10 Consent Calendar
Items of routine nature, and which are anticipated to be non-controversial, shall be placed on the Consent Calendar. All items may be approved by one blanket motion upon majority vote. Any Council Member or member of City staff may request that any item be withdrawn from the Consent Calendar for separate consideration.

However, aAny Council Member may abstain from voting on any Consent Calendar item without requesting its removal from the Consent Calendar, and the City Clerk shall record such abstention in the minutes.

12 SECTION 4. PRESIDING OFFICER

4.1 Presiding Officer
(a)A. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Mayor Pro Tempore or until adjournment, whichever first occurs.
(b)B. The City Council shall meet annually to elect one of its members as Mayor and another of its members as Mayor Pro Tempore. In the years in which a general municipal election is scheduled, the selection shall occur at the meeting at which the election results are declared and new Council Members are installed, unless otherwise provided by state law. In years in which no general municipal election is scheduled, such meeting shall be held on the first regularly scheduled meeting of December.
(c)C. At the meeting at which the Mayor and Mayor Pro Tempore are selected, the City Clerk shall preside at the portion of the City Council meeting which is concerned with the nomination for and selection of the Mayor and Mayor Pro Tempore. (d)D. Nominations for the office of Mayor or Mayor Pro Tempore may be made by any member of the City Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event that no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately, provided however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Mayor Pro Tempore, no person has been duly selected, the City Council may continue the selection to the next regular meeting of the City Council. (e)E. Except as provided in subsections (c)(c)© and (d) of this Section

3.1, the Mayor and Mayor Pro Tempore selected pursuant hereto shall serve until the next meeting scheduled for selection of Mayor and Mayor Pro Tempore pursuant to subsection (b) of this Section 3.1, and thereafter until their successors have been duly selected.
(f)F. The office of Mayor and Mayor Pro Tempore shall be deemed vacant upon the happening of any of the following:

1. 1. The death of the holder of such office;

2. The loss or resignation from membership on the
City Council by holder of such

2. office;

13 3. The acceptance by the City Council of the resignation from such office by thehe

3. holder thereof.

At its first regular meeting after the occurrence of a vacancy created by any of the foregoing events, the City Council shall select a successor to such office pursuant to the selection procedures established by this Section 4.1.

4.2 Participation of Presiding Officer
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as a Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally engage in extended debate on questions before the City Council, he/she should consider turning the Chair over to another member.

4.3 RESERVEDQuestion or Motion to be Stated
The Presiding Officer shall verbally restate or request the City Clerk to restate each question or motion immediately prior to calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried, or was defeated.

The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business.

4.4 Signing of Documents
The Mayor, or Mayor Pro Tempore, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Mayor Pro Tempore.

4.5 Maintenance of Order
The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.

SECTION 5. RULES, DECORUM, AND ORDER

5.1 Point of Order
The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the City Council. If any appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” in which event a majority vote shall govern and conclusively determine such question of order.

5.2 Decorum and Ordee–r ‒- Council Members
(a)A. Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself/herself to the question

14 under debate.
(b)B. A Council Member desiring to question the staff shall address his/her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself/herself or to designate some members of his/her staff for that purpose.
(c)C. A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member.
(d)D. Any Council Member called to order while he/she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed. If ruled to be not in order, he/she shall remain silent or shall alter his/her remarks so as to comply with the rules of the City Council.
(e)E. Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (f)F. Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the City Council shall require him/her to so act.

5.3 Decorum and Ordee–r ‒- Employees
Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the City Council. The City Manager shall insureensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the City Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public.

5.4 Decorum and Ordee–r ‒ - Public
Members of the public attending any Council meeting shall avoid any conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the

15 City Council may order the meeting room cleared and continue the session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

Nothing in this section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be ordered to leave the room by the Presiding Officer and such person may be barred from further audience before the City Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may order such offenders to leave the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

5.5 Enforcement of Decorum
As set forth in Government Code Section 54957.95, the Mayor may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the Mayor must warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Mayor may then remove the individual if they do not promptly cease their disruptive behavior. As used in this paragraph, “disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Notwithstanding the preceding paragraph, if the individual disrupting the meeting is using force or a true threat of force, they may be removed without a prior warning to cease their behavior.

As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the City Council may order the meeting room cleared and continue the session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

5.6 Personal Privilege

16 The right of a member to address the City Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned or impugned.

5.7 RESERVEDConflict of Interest
All Council Members are subject to the provisions of California’s conflict of interest laws, including, but not limited to the Political Reform Act and Government Code Section 1090. Council Members are also subject to conflict of interest codes adopted by the City Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from participation in the consideration of an item, from voting and from attempting to use his or her official position to influence the decision. In the event of a conflict of interest, such Council Member shall announce the basis for the conflict, announce his or her disqualification from the decision, and then leave the City Council Chambers during debate and voting on the issue, unless certain exceptions apply.

5.8 Limitation of Debate
Council Members normally should speak not more than once upon any one subject until every other member choosing to speak thereon has spoken. Members shall limit their statements to five minutes each time they have the floor, unless the City Council, by majority vote, approves an extended period.

5.9 Dissents, Protests, and Comments
Any member shall have the right to express dissent from or protest to or comment upon any action of the City Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, “I would like the minutes to show that I am opposed to this action for the following reasonson©...”

5.10 Rulings of Chair Final Unless Overruled
In presiding over Council meetings, the Mayor, Mayor Pro Tempore, or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. And such decision or ruling shall be final unless overridden or suspended by majority vote of the City Council Members present and voting, and shall be binding and legally effective for purposes of the matter under consideration.

SECTION 6. ADDRESSING THE CITY COUNCIL

6.1 Manner of Addressing the City Council
(a)A. Any member of the public desiring to address the City Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, all speakers are encouraged to state their his/her names and addresses for the record.
(b)B. All remarks and questions shall be addressed to the Chair and not

17 to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. (c)C. Any member of the City Council who has been recognized by the Presiding Officer of the City Council for such purposea purpose may address or respond to members of the public who have addressed the City Council pursuant hereto. Such address or response shall not exceed three minutes in length, and shall be deemed to express the individual position or opinion of the City Council Member offering the same and shall not be construed to bind the City Council or the City in any manner. Unless otherwise directed by the City Council, the restrictions imposed by this Subsection (a) shall apply only to those portions of the City Council Agenda during which members of the public are permitted to make oral communications to the City Council.

6.2 Time Limitationprovided for Written CommunicationsCorrespondence from the Public
Any member of the public desiring to address the City Council shall be provided three minutes for limit his/her statement to three minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 4.5. Public Ccomments to the City Council may also be submitted to the City Clerk in written format either by email or other form of written correspondence. The City Clerk shall provide all written public comments to the City Council when received and/or during the City Council meeting. The City Clerk is not required to read each comment into the record, however the comments shall be included in the written minutes of the meeting becoming are part of the record; the City Clerk shall also make such comments available for public inspection in accordance with the Brown Act. The written comments as submitted will then be available to the public following the meeting.

6.3 Addressing the City Council after Motion is Made
After a motion has been made, or after a public hearing has been closed, no member of the public shall address the City Council without first securing permission by a majority vote of the City Council.

6.4 Pending Matters Before Commissions and Boards Limitations Regarding Public Comments and Reports
The making of oral communications to the City Council by any member of the public during the “Public CommentsCommunications from the Public” portion of the agenda shall be subject to the following limitations:

6.4.1A. At any time, before or after the oral communication has commenced, the Presiding Officer may, if he/she deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing, for subsequent submittal to Council Members., pursuant to Section

5.5.

18 6.4.2B. Speakers who desire to address the City Council on a topic which is currently before or about to be submitted for consideration by a City Commission, Board or other agency, should be encouraged by the Presiding Officer to make their comments to that other body and withhold further comment on the subject until that latter body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communications to the City Council outside that procedure.

6.4.3C. The Presiding Officer may limit the number of speakers heard on non-agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the “Public CommentsCommunications from the Public” agenda item.

6.4.4D. If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking, as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.

6.4.5E. No oral communications shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her. All charges or complaints against employees shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the City Council by written communication.

6.4.6F. Members of advisory commissions and boards may speak to the City Council on matters for which the advisory commission has made a recommendation to express approval or disapproval of the recommendation. Such members should be mindful of the need to respect the differing views of their fellow members and of the consensus and recommendation reached by that body.

6.5. Written Correspondence
The City Manager is authorized to receive and open all mail addressed to the City Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communications shall be provided to each Council Member marked “Information only.”
Any communication relating to a matter pending, or to be brought before the City Council shall be included in the agenda packet for the meeting at which such item is to be considered.

19 Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of City ordinances.

Copies of all other communications sent to the City Council will be transmitted to them.

SECTION 7. MOTIONS

7.1 Processing of Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.

7.2 Motions Out of Order
The Presiding Officer may at any time, by majority consent of the City Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.

7.3 Division of Question
If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall, divide the motion into two separate motions.

7.4 Precedence of Motions
When a motion is before the City Council, no motion shall be entertained except the following, which shall have precedence in the following order:
a)a. Adjourn
b)b. Fix Hour of Adjournment
c)c. Table
d)d. Limit or Terminate Discussion
e)e. Amend
f)f. Postpone

7.5 Motion to Adjourn (Not Debatable)
A motion to adjourn shall be in order at any time, except as follows:
1a.. When repeated without intervening business or discussion; 2b. When made as an interruption of a member while speaking;

3.c When discussion has been ended, and a vote on a motion is pending; and
4d.. While a vote is being taken.

A motion to adjourn “to another time” shall be debatable only as to the time to which the meeting is adjourned.

20 7.6 Motion to Fix Hour of Adjournment
Such a motion shall be to set to a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

7.7 Motion to Table
A motion to table shall be used to temporarily by-passbypass the subject.

A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.

7.8 Motion to Limit or Terminate Discussion
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

7.9 Motion to Amend
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be votedvoted on first, then the main motion as amended.

7.10 Motion to Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

SECTION 8. VOTING PROCEDURE

8.1 Voting Procedure
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Council Member present may be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. The order of voting shall be the maker of the motion first. The second shall be next. The next two shall be alternated and the Mayor shall be last. Members shall respond “aye,” “no” or “abstain,” provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Council Member not audibly and clearly responding “no” or “abstain” or otherwise registering an objection shall have his vote recorded as “aye.”
Every ordinance (other than urgency ordinances) and any resolution or order for franchise or payment requires only three (3) affirmative votes. Urgency ordinances require four (4) affirmative votes. A roll call vote shall be used for urgency

21 ordinances, other actions requiring a 4/5th vote, and consent calendar. Any other question before the City Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during roll call.

Any member may change his/her vote before the next order of business.

8.2 Failure to Vote
Every Council Member should vote unless disqualified for cause.

Disqualification for cause includes but is not limited to, a conflict of interest in the decision that legally requires his or her recusal and disqualification from the decision.

8.3 Reconsideration
Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the City Council.

8.4 Tie Votes
Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the City Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the City Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the City Council, unless otherwise ordered by the City Council.

SECTION 9. RESOLUTIONS

9.1 Definitions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for a long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by resolutions. The term “resolution” in its general sense will denote any action taken affirmatively via a vote of the City Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non-ordinance) actions: “Resolution,” “minute order,” and “motion” (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they vary in the formality of respective memorialization. The most formal is referred to locally as a “resolution.” This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such “resolutions” are used in this City for various reasons, such as when specifically required by law, when needed as a separate identical document to be transmitted to another governmental agency, or when the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research.

22 A “minute order” as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however, the “minute order” is drafted far more briefly than a “resolution” and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate certain administrative processes to which it pertains.

A “motion” (assuming it was one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.

9.2 Resolutions Prepared in Advance
Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full.

9.3 Resolutions not Prepared in Advance
Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting.

9.4 Urgency Resolutions
In matters of urgency, a resolution may be presented verbally, in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed.

Urgency resolutions shall be avoided except when absolutely necessary, and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable.

SECTION 10. ORDINANCES

10.1 Introduction and Adoption of Ordinances
Ordinances shall not be passed within five days of their introduction, or at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion and adopted by unanimous vote of the City Council Members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned meeting held at least five days after alteration.

23 Corrections of typographical or clerical errors are not alterations within the meaning of this section.

10.2 Effective Date
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such latera later date as may be designated in the ordinance.

10.3 Publishing
It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption.

10.4 Urgency Ordinances
All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5th majority, it may thereafter be considered and passed in the same manner as regular ordinances.

SECTION 11. STUDY SESSIONS

11.1 Study Sessions
Council Members able to attend scheduled Sstudy Ssessions will meet for the purpose of discussion of special subjects of immediate concern and meeting and conferring with a City Commission, Civic Organizations and City Officials relative to pending City business.

The time for sessions will be as specified by the City Council or by the Mayor on individual occasions when appropriate to the convenience of the City Council Members, provided that when this occurs, written notice shall be provided in accordance with the Government Code.

11.2 Open to the Public
Study Sessions shall at all times be open to the public and the news media, except: a) closed sessions held at such times pursuant to Government Code Section 54947.6 whereat the City Council meets with its designated representatives of employee organizations; b) Closed Sessions to consider possible or pending litigation in which the City is or could be a party; c) Closed Sessions to consider the purchase, lease, or sale of property; and d) Closed Sessions on any other subject permitted by the Brown Act.

11.3 Purpose
Study Sessions are not intended to constitute a regular meeting of the City Council and they shall be carried on if a majority of the City Council is present but otherwise regardless of the number of Council Members in attendance.

24 At such Study Session, no formal action shall be taken, no motions shall be offered, no arguments entered into; the sole purpose of said meetings being to provide background information to members of the City Council and to allow Council Members to ask questions and to express personal opinions. This shall not, however, be deemed to apply with respect to Closed Sessions referred to in Section 11.2.

11.4 Agenda
The City Manager shall be responsible for preparing an agenda, along with any available supporting information, of items for discussion at each Study Session.

Any Council Member may request that a matter be placed on the agenda for either a Study Session or Council meeting. Except in urgent situations, Council Members should submit, on the appropriate form, such request three (3) working days before a Study Session, along with any available supporting information.

SECTION 12. INTERACTION WITH CITY STAFF

12.1 Council-Manager Form of Government
Like most California cities, Calimesa was formed as a general law city and has adopted a City Council-City Manager form of government. The City Council appoints a City Manager to implement policy, enforce its laws, to direct the daily operations of city government, and to prepare and monitor the municipal budget. The Municipal Code specifies roles and responsibilities and requires that Council Members work through the City Manager in dealing with City staff unless simply requesting information from department heads or other staff members. The City Manager is responsible to the City Council as a body rather than to individual Council Members.

12.2 Council-Manager Relationship
The employment relationship between the City Council and City Manager reflects the fact that the City Manager is the chief executive officer of the City. The City Manager has an employment agreement with the City Council. Regular communication between the City Council and City Manager is important in maintaining effective interpersonal relations. All dealings with the City Manager, whether in public or private, should be consistent with the authority of the City Manager in administrative and personnel matters. Council Members should avoid situations that may result in City staff being directed, intentionally or unintentionally, by one or more members of the City Council. Further, Council Members should avoid involving themselves in matters regarding individual City employees or related affairs.

The City Council should evaluate the City Manager’s performance on a regular basis to ensure that both the City Council and City Manager are in agreement about organizational performance and priority goals that are based on mutual trust and common objectives.

25 As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with the City Council in various ways. In addition to the formal Council meetings, there are periodic briefing meetings with individual Council Members and written memoranda and email. Communication must be undertaken in such a way that all Council Members are treated similarly and kept equally informed. It is also important that the City Council provide ongoing feedback, information and perceptions to the City Manager including responses to written communications and surveys requesting feedback.

12.3 City Manager Code of Ethics
The City Manager is subject to a professional code of ethics that binds the City Manager to certain practices that are designed to ensure his or her actions are in support of the City’s best interests. Violations of such standards can result in censure.

12.4 City Council-City Attorney Relationship
The City Attorney is the legal advisor for the City Council, City Manager and departments. The general legal responsibilities of the City Attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations and similar proceedings; 3) prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) keep City Council and staff apprised of court rules and legislation affecting the legal interests of the City. It is important to note that the City Attorney does not represent individual members of Councilthe Council, but the City Council as a whole.

12.5 Roles and Information Flow
Objectives: It is the intent of staff to ensure Council Members have free and easy access to information from the City and to ensure that such information is communicated completely, with candor and without bias. Individual Council Members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute the priorities given by management and the City Council as a whole without fear of reprisal.

Council Roles: The full City Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, service levels, work loads and schedules, departmental priorities, and the performance of City business. If a Council Member wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must

26 prevail upon the City Council to do so as a matter of Council policy.

Should a Council Member become dissatisfied about a department, he/she should always talk it over with the City Manager, not the department head. Concerns about a department head must be taken to the City Manager only.

Access to Information: Individual Council Members as well as the City Council as a whole shall receive the full cooperation and candor of staff in being provided with any requested information. The City Manager or appropriate staff will inform the City Council when a critical or unusual event occurs about which the public would be concerned.

To assist the City Manger in his ability to monitor the flow of information, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Council Members are asked to “cc” both the department head and the City Manager on all correspondence with staff. Council Members should be careful not to inadvertently communicate their viewpoint on matters of city business outside of a meeting through an e-mail that is sent to two or more other Council Members.

There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by city management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the City Council.

City Council Members have a responsibility in this information flow as well.

It is critical that they make use of staff reports and commission minutes. Council Members should come to meetings well prepared – having read staff reports and attachments, and requesting in advance any necessary and available information from staff. If a Council Member has questions on an agenda item, that member should preferably contact staff prior to the meeting in order to allow staff time to research a response for the meeting.

Staff Roles: The City Council recognizes the primary functions of staff as serving the community executing Council policy and actions and in keeping the City Council informed. Staff is obligated to take guidance and direction only from the City Council as a whole or from the appropriate management supervisors. Staff is directed to report to the City Manager any attempts by individual members of the City Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations.

City staff will make every effort to respond in a timely and professional

27 manner to all requests made by individual Council Members for information or assistance; provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would more appropriately be assigned to staff through the direction of the full City Council. If a request by an individual Council Member is determined by the City Manager to take one hour or more of staff time to complete, that request may be included on the formal Council agenda for full Council discussion.

12.6 Dissemination of Information
In cases where a staff response to an individual Council Member request involves written materials that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant, new, and otherwise not available to the City Council or of interest to the City Council.

12.7 Magnitude of Information Request
Any information, service-related request, or revised policy position perceived as necessary by individual Council Members, and that cannot be fulfilled based on the above guidelines, should be submitted by the individual Council Member in writing to the City Council as a whole. When raised at a Council meeting, the full Council can decide whether and when to agendize the request for further consideration.

The City Manager will seek necessary clarification as to whether the City Council desires staff research or a report prepared; and, if so, the relative priority that should be given to such a request in light of other priorities and potential workload impacts.

12.8 Staff Relationship with Advisory Bodies
Staff support and assistance is typically provided to commissions and task forces. However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager and City Council. The members of the Commission/board/committee are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with City policies and practices as outlined in the Commission Handbook.

Staff support often includes preparation of an agenda and it’s posting in compliance with the Brown Act. Staff may also prepare reports providing background on the issue, alternatives, a recommendation, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person may serve as secretary, taking minutes as needed. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.

It is important that advisory bodies wishing to communicate recommendations to the City Council do so through approved Council agenda procedures. In addition, if a commission wishes to correspond with an outside agency,

28 that correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individuals who would like staff to perform research or for the commission to review a particular issue must gain the approvalapproval for such a request from the full City Council before any work is planned or done. The annual work plan for the City’s commissions is determined by the City Council at its priority-setting that precedes the adoption of the fiscal year budget.

12.9 Restrictions on Political Involvement by Staff
Local governments are non-partisan entities. Professional staff, as reflected within the principles of the City Council-Manager form of government, formulates recommendations in compliance with Council policy and for the good of the community and is not influenced by political factors. For this reason, it is very important to understand the restrictions of staff in any level of political involvement through campaigns, fund-raisers, or other means.

By working for the City, staff members do not surrender rightstheir rights to be involved in local elections. Indeed, laws are in place to preserve those rights.

However, there are limitations to such involvement. Different restrictions apply to management and to general employees.

General employees have no restrictions while off the job. No participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in a campaign or other activities in a City uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is inappropriate.

The support of the City Council in these matters is requested. A Council Member asking staff to sign petitions or similar items can similarly create an awkward situation.

For management staff, the City Manager strongly discourages any involvement in a local campaign even while on personal time. Such involvement could erode the tenet that staff is to provide an equal level of service to all members of the City Council. The City Manager specifically prohibits any political involvement in local campaigns by department heads.

SECTION 13. SUPPORT PROVIDED TO CITY COUNCIL

13.1 Staff Support
General administrative support to members of the City Council is provided through the City Manager’s office. Secretarial services including scheduling of appointments, receipt of telephone messages, and word processing are available as needed. In addition to supporting the five City Council members, the two administrative support staff members also assist the City Manager, Deputy City Clerk, Finance Director, Public Works Director, Community DevelopmentPlanning Director and City Engineer. Sensitivity to the workload of support staff members in the City Manager’s

29 office is appreciated. Should requestedthe requested tasks require significant time commitments, prior consultation with the City Manager is requested.

SECTION 14. FINANCIAL MATTERS

14.1 Council Compensation
State law and the Municipal Code provide for modest compensation to members of the City Council. Each Council Member shall be entitled to a salary in the amount of $300.00 per month.

14.2 Expenditure Allowance
Upon submission of an itemized accounting of expenses, a Council Member may be reimbursed for the actual and necessary expenses incurred in the performance of official duties.

14.3 Expenditure Guidelines
It is important to note that any expense must be related to City affairs. Public property and funds may not be used for any private or personal purpose.

Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen.

City budgetary practices and accounting controls apply to expenditures within the City Council budget. Reimbursement requests should be made through the City Manager’s office monthly with receipts. Expenditure records are public information. Questions arising as to the proper application or interpretation of the adopted policy will result in the City Manager conferring with the Mayor.

SECTION 15. CONFLICTS OF INTEREST

15.1 Conflict of Interest
State laws are in place to prevent an action by a Council Member that would or may constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a member believes a potential for a conflict of interest exitsexists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution.

30 There are two primary laws that govern conflicts of interest for public officials in California – the Political Reform Act and Government Code § 1090. In general terms, the Political Reform Act prohibits a public official from having an interest in government contracts. The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City.

Once a year Council Members and certain staff are required to file statements of economic interests.

Government Code § 1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by § 1090 are different from those in the Political Reform Act.

A member having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating § 1090 are severe. If a Council Member believes that he or she may have any financial interest in a contract that will be before the City Council, the Member should immediately seek advice from the City Attorney or the member’s personal attorney.

15.2 City Attorney Advice
The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on the interpretation of the law, the only authority that can provide binding interpretations on the Political Reform Act is the State Fair Political Practices Commission (FPPC). Members or the full Council may also solicit opinions on such matters directly from the FPPC; however, such opinions often take time to develop and may not readily respond to urgent matters. It is important to note that the City Attorney does not represent individual members of Councilthe Council, but the City Council as a whole.

15.3 Conflict of Interest Forms
Annual disclosure statements are required of all Council members, designated commissioners and senior staff which indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts.

Council Members and the City Manager often serve on the governing boards of other agencies as a result of their positions. These agencies also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items.

SECTION 16. This Resolution shall take effect immediately and Tthe previous version of these City Council Policies and Procedures that was were adopted in 1994 2008 and any other version of these Policies and Procedures are hereby repealed and replaced with the Policies and Procedures contained in this Resolution.

31 SECTION 17. COUNCIL AUTHORITY
By motion of the Council adopted by a two-thirds vote, the Council has the authority to waive provisions of the procedures established by this Resolution unless the procedure is required by law. Failure of the Council to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Council.

SECTION 18. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED, this 18th 17th day of AugustApril, 20082023.
________________________________

JOHN CHLEBNIKWILLIAM DAVIS,
MAYOR
ATTEST:
_________________________________________
__________________ DARLENE GERDES

ACTING CITY MANAGER/ CITY CLERKCITY CLERK
APPROVED AS TO FORM:
_________________________________________
KEVIN G. ENNISQUINN BARROW, CITY ATTORNEY

1 RESOLUTION NO. 2023-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

ADOPTING UPDATED COUNCIL POLICIES AND PROCEDURES FOR

COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES
AND RESCINDING RESOLUTION NO. 2008-38 IN ITS ENTIRETY

RECITALS
A. The primary intent of California’s open meeting law, the Brown Act, is that the people’s business be conducted openly and transparently, after providing an opportunity to the largest number of members of the public to directly address the council before the council takes action on any item. The Brown Act mandates that city councils adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public,” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body.

B. The Brown Act provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out. Pursuant to the Brown Act, Calimesa Municipal Code Section 2.10.060 provides that the Calimesa City Council may, from time to time, adopt by resolution rules of procedure for the conduct of meetings. The rules of procedure, as amended by the City Council, provide an opportunity for members of the public to directly address the City Council on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable time. Periodically, the Calimesa City Council reviews and amends its rules of procedure to facilitate the efficient and transparent conduct of the City’s business at a reasonable hour.

C. The City Council desires to amend the rules of order to facilitate effective and efficient meeting management, greater transparency and meaningful public participation, and to rescind and replace Resolution No. 2008-38 in its entirety.

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

SECTION 1. INTRODUCTION

1.1 Purpose of Policies and Procedures
The purpose and intent of the City Council of the City of Calimesa (hereinafter “the City Council”) in adopting these policies and procedures is to provide direction and guidelines relating to the conduct of public business by or on behalf of the City Council. These policies are directory rather than mandatory and unless otherwise specifically provided by City Ordinance or state or federal law, a violation will not

Attachment 13B
2 invalidate any action taken by the City Council or impose liability for their breach. It is anticipated that these policies and procedures will be reviewed by the City Council on a biennial basis (every two years) and may be revised from time to time.

1.2 Overview of City Documents
These policies and procedures provide a summary of important aspects of City Council activities. However, they cannot incorporate all material and information necessary for undertaking the business of the City Council. Many other laws, policies, plans and documents exist which bind the City Council to certain courses of action and practices. A summary of some of the most notable documents that establish City Council direction or impose requirements upon the City Council is provided below.

Municipal Code: The Calimesa Municipal Code contains local laws and regulations adopted by ordinances of the City. The Administration Chapter of the Code provides for the time and location of regular meetings of the City Council, and specifies some of the basic duties of the City Manager, City Attorney and City Clerk. It also describes the role and function of certain advisory commissions. In addition to these administrative matters, the Municipal Code contains a variety of city laws. The Municipal Code is available either on the City’s website at www.cityofcalimesa.net or from the City Clerk.

California Government Code: The California Government Code contains many requirements for the operation of City government. Many of these requirements are also replicated within the Calimesa Municipal Code to ensure there is broad awareness of such requirements. Calimesa is a “general law” city, which means it was formed and is organized in accordance with provisions of the California Government Code rather than by enactment of a city charter. Also described within the California Government Code is the City Council-City Manager form of government. Basically, this form of government prescribes that a city council’s role is to establish policies and priorities, while the role of the City Manager is to oversee the operations of the city government.

Annual Budget: The City’s annual budget provides a description of city services and the resources used to provide those services. The document contains both a broad overview of the budget as well as specific amounts of revenue anticipated to be received in a year and anticipated expenditures organized for convenience by department. The city operates on a July 1 through June 30 fiscal year.

General Plan: The City’s General Plan is required to be adopted and updated periodically and is intended by state law to constitute the “constitution” for the development of the City. The General Plan is comprised of a number of elements, such as land use, transportation, open space and housing, in accordance with State requirements, and provides policy framework for various matters that fall within these areas.

3 SECTION 2. MEETINGS

2.1 Regular Meetings
The City Council of the City of Calimesa shall hold regular meetings on the first and third Monday of each month, beginning at 6:00 p.m. as per Calimesa Municipal Code Chapter 2.10, Section 2.10.050. Regular meetings shall be conducted at the Norton Younglove, Multipurpose Senior Center, 908 Park Avenue, Calimesa, CA 92320.

If the day for a regular meeting of the City Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding Tuesday thereafter that is not a holiday. The City Council may periodically cancel one regular meeting per month as a means to reduce cost and when no items of immediate need are pending.

2.2 Adjourned Meetings
Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

2.3 Special Meetings
Special meetings may be called by the Mayor or a majority of Council Members on 24-hour notice, as set forth in Government Code Section 54956. Only matters contained in the notice may be considered. The “call and notice” of the meeting and the agenda must be posted in a publicly accessible area, including in some cases on the local agency’s website, at least 24 hours prior to the meeting. Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by “any other means” (such as facsimile, email or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice.

Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to members of the legislative body.

2.4 Emergency Meetings.

Emergency meetings may be called pursuant to Government Code Section 54956.5.

2.5 Study Sessions
Members of the City Council may meet in Study Session as deemed necessary (See 11.1). Study Sessions shall be noticed as adjourned regular meetings or as special meetings.

2.6 Closed Sessions. Closed sessions may be held pursuant to the Brown Act.

2.7 Quorum
Unless otherwise provided for by resolution, a majority of the City Council shall be sufficient to do business and motions may be passed 2-1 if only three (3) attend.

4 The following matters, however, require three (3) affirmative votes: a) adoption of ordinances, b) adoption of resolutions, and c) orders for payment of money.

A. Rule of Legally Required Participation
If a majority of the City Council are disqualified to vote on a matter by reason of actual or apparent conflict of interest, the City Council shall select by lot or other means as the City Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a mere quorum.

2.8 Meetings to be Public
With the exception of closed sessions held in accordance with the Brown Act, Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public

2.9 Meeting Time Limitation
Any public agenda items which have not been initiated by 10:30 p.m. will be continued either to an adjourned meeting, a special meeting or to the next regularly scheduled City Council meeting, and any item initiated before 10:30 p.m. on which a conclusion has not been reached by 11:00 p.m. will be continued to an adjourned meeting, the next regularly scheduled meeting or a special meeting, except with majority consent of the City Council to waive such time limit.

SECTION 3. AGENDAS AND ORDER OF BUSINESS

3.1 Agendas for Regular Meetings
A. A written agenda shall be prepared for each City Council meeting in conformance with the Brown Act, Government Code Section 54950 et seq., or as it is subsequently amended.

B. The agenda must contain a brief general description of each item of business to be transacted or discussed at that meeting.

C. Each agenda shall contain a clear statement of the time and location of the meeting.

D. Each agenda shall state that reports and documents relating to each agenda item (the “Agenda Packet”) are available for public inspection at City Hall at least 72 hours in advance of any regular Council meeting. Agenda packets are also available online on the City’s website and Calimesa Public Library located at 974 Calimesa Boulevard.

E. The agenda shall be posted in full compliance with the Brown Act at City Hall, Calimesa Public Library, and the Norton Younglove, Multipurpose Senior Center in locations that are freely accessible to the public. The agenda also

5 shall be posted on the City’s website. The agendas and agenda packets may be provided via other electronic means. The person posting the agenda shall complete and sign a certificate of posting.

F. Need to Take Action on Non-agenda Items. The City Council may act upon an item not appearing on the agenda if it finds, by a two-thirds vote of the members present at the meeting or if less than two-thirds of the members are present, by a unanimous vote of the members present, that there is a need to take immediate action on the non-agenda item and such need to act came to the Council’s attention after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken.

3.2 Agenda
The order of business of the City Council shall be considered in substantially the following order, except as may otherwise be ordered by the Mayor or a majority of the Council:

Call to Order
Roll Call
Pledge of Allegiance
Special Presentations (occasionally as needed)
Approval of Agenda and Waiver of full reading of Ordinances This is the time for the City Council to:
(a) notify the public of any changes to the agenda;
(b) remove items from the Consent Calendar for individual consideration; or (c) rearrange the order of the agenda.

Communications from the Public
Speakers may comment for up to three minutes on any matter within the subject matter jurisdiction of the City Council, including agenda items. For scheduling purposes, the Council encourages speakers to submit a speaker card. 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. Speakers who wish to comment on Public Hearing agenda items are encouraged to comment when those items are heard so their comments may be included in the record of the hearing.

Consent Calendar
Items on the Consent Calendar are considered routine and customary. They are enacted by a single motion with the exception of items previously removed by a City Council Member during “Approval of the Agenda.” Any items previously removed shall be individually considered immediately after taking action on the Consent Calendar.

Chamber of Commerce Reports (2nd meeting each month)

6 Sheriff Captain Comments and Reports
Fire Chief Comments and Reports
Mayor and Council Member Reporting of County & Regional Meetings/Conferences
This is the time for comments, announcements and/or reports on meetings and conferences attended at public expense as required by AB 1234.

Public Hearings
See Section 3.8.

Business Items
Each speaker may comment for up to three minutes on any individual item on the agenda at the time the matter is being considered. Unless a majority of the Council objects, the Mayor may provide speakers with more or less time to speak.

Mayor and Council Member Comments & Reports
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 address 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 Reports
Closed Sessions
Closed Session Announcements
Adjournment
In preparing the agenda, staff may place items in an order other than specified above so as to allow items involving paid city consultants or contract officials to be heard early in the meeting. This flexibility is for the purpose of allowing paid city consultants or contract officials to leave the meeting when all of the items requiring their attendance are completed and when directed by the City Manager so as to reduce the cost incurred by the City for their attendance. Once the agenda is posted, items may not be taken out of order except with majority consent of the City Council at the meeting under the heading of “Approval of the Agenda.”

3.3 Placing Items on Agenda
Any Council Member may request an item to be placed upon a future City Council agenda, which item will be placed on a future agenda if there is Council

7 consensus. Once placed on an agenda and discussed at a meeting, upon agreement of a majority of the City Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request verbally during a meeting or may submit written requests not less than three business days prior to the date that the agenda is scheduled to be posted and distributed to the City Council and the public. In urgent situations, such requests may be presented not less than one (1) day prior to the date the agenda is posted and distributed. Normally, the process involves two steps:
initial consideration of the request by the full Council at the soonest possible regularly scheduled meeting; and if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda.

A member of the public may request that an item be placed on a future agenda during public comment or through other communication with Council Members.

Upon approval of a majority of the Council, the item will be agendized and a staff report may be prepared. The City Manger will inform the City Council of the potential impact the request will have on established priorities or staff workload and seek approval by the City Council before authorizing the work or scheduling the item as appropriate.

Emergency and non-agendized items may be added to an agenda only in accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters and other severe emergencies.

Adding an emergency item requires a majority vote. Emergency items are very rare.

More likely, after the agenda is posted an item arises that the City Council finds necessary to act upon prior to the next regular meeting. Non-agendized items may be added to the agenda only if the City Council makes findings that (1) the need to consider the item arose after the posting of the agenda, and (2) there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a 4/5th vote; if less than five members of the City Council are present, the findings require a unanimous vote of those present.

3.4 Delivery of Agenda
Barring insurmountable difficulties, the Agenda shall ordinarily be available to Council Members each Thursday preceding the Monday meeting to which it pertains.

The agenda shall also be available to the general public at the time it is available to the City Council.

3.5 Call to Order
Before proceeding with the business of the City Council, the City Clerk shall record the names of those Council Members present and they shall be entered in the minutes.

3.6 Closed Session
The City Council will convene a closed session to consider items that are within the scope of the closed session exception to the open meeting requirements of

8 the Brown Act. Following the closed session, a closed session report will be orally presented containing any information required by the Brown Act to be disclosed.

3.7 Approval of Minutes
Minutes shall be prepared in the form of “action minutes” where the minutes reflect only the action taken and not the statements or comments of every speaker.

3.8 Public Hearings
Generally, Public Hearings, shall be conducted in the following order:
• Mayor: Opens public hearing
• City Clerk: Certifies the public hearing has been duly noticed and informs the public whether further correspondence has been received after the posting of the agenda
• Staff: Presentation
• Applicant/Representative: Presentation
• Appellant(s) (if any): Presentation
• Public Comments
• Applicant: Rebuttal (if requested)
• Mayor: Closes public hearing
• Council: Discussion and deliberation
• Council Motion and vote
In accordance with providing the applicant, appellants (if any) and the public with due process, the Mayor may:
• Ask the applicant how much time the applicant and its representatives wants to speak.
• Ask the appellant(s) how much time the appellant(s) wants to speak.
• After inviting members of the public to speak, inquire if there are many persons who wish to speak, and if so, to request they appoint a spokesperson. Each speaker will be requested to provide his or her name for the record. The Mayor shall provide three minutes to each speaker, unless the Mayor establishes a shorter or longer period for individual speakers, based on the number of individuals who wish to speak, in accordance with due process requirements.

The record of the proceeding is limited to testimony and documents presented before the close of the public hearing.

Speakers may address the Council on the subject matter of the public

9 hearing for three minutes. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may modify the amount of time provided to each speaker for testimony. During the public hearing, the City Council may, at any time, ask questions of the staff, the applicant, appellant(s), or the public.

Further, due to additional due process considerations, there may be additional considerations for quasi-judicial hearings and the City Attorney may advise the City Council in this regard.

3.10 Consent Calendar
Any Council Member may abstain from voting on any Consent Calendar item without requesting its removal from the Consent Calendar, and the City Clerk shall record such abstention in the minutes.

SECTION 4. PRESIDING OFFICER

4.1 Presiding Officer
A. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Mayor Pro Tempore or until adjournment, whichever first occurs.

B. The City Council shall meet annually to elect one of its members as Mayor and another of its members as Mayor Pro Tempore. In the years in which a general municipal election is scheduled, the selection shall occur at the meeting at which the election results are declared and new Council Members are installed, unless otherwise provided by state law. In years in which no general municipal election is scheduled, such meeting shall be held on the first regularly scheduled meeting of December.

C. At the meeting at which the Mayor and Mayor Pro Tempore are selected, the City Clerk shall preside at the portion of the City Council meeting which is concerned with the nomination for and selection of the Mayor and Mayor Pro Tempore.

D. Nominations for the office of Mayor or Mayor Pro Tempore may be made by any member of the City Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event that no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately, provided however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Mayor Pro Tempore, no person has been duly selected, the City Council may continue the selection to the next regular meeting of the City Council.

10 E. Except as provided in subsections (c) and (d) of this Section 3.1, the Mayor and Mayor Pro Tempore selected pursuant hereto shall serve until the next meeting scheduled for selection of Mayor and Mayor Pro Tempore pursuant to subsection (b) of this Section 3.1, and thereafter until their successors have been duly selected.

F. The office of Mayor and Mayor Pro Tempore shall be deemed vacant upon the happening of any of the following:

1. The death of the holder of such office;

2. The loss or resignation from membership on the City
Council by holder of such office;

3. The acceptance by the City Council of the resignation from such office by the holder thereof.

At its first regular meeting after the occurrence of a vacancy created by any of the foregoing events, the City Council shall select a successor to such office pursuant to the selection procedures established by this Section 4.1.

4.2 Participation of Presiding Officer
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as a Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally engage in extended debate on questions before the City Council, he/she should consider turning the Chair over to another member.

4.3 RESERVED

4.4 Signing of Documents
The Mayor, or Mayor Pro Tempore, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Mayor Pro Tempore.

4.5 Maintenance of Order
The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.

SECTION 5. RULES, DECORUM, AND ORDER

5.1 Point of Order
The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the City Council. If any appeal is taken, the question shall

11 be, “Shall the decision of the Presiding Officer be sustained?” in which event a majority vote shall govern and conclusively determine such question of order.

5.2 Decorum and Order ‒ Council Members
A. Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate.

B. A Council Member desiring to question the staff shall address his/her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself/herself or to designate some members of his/her staff for that purpose.

C. A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member.

D. Any Council Member called to order while he/she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed. If ruled to be not in order, he/she shall remain silent or shall alter his/her remarks so as to comply with the rules of the City Council.

E. Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.

F. Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the City Council shall require him/her to so act.

5.3 Decorum and Order ‒ Employees
Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the City Council. The City Manager shall ensure that all City employees observe such decorum.

Any staff members, including the City Manager, desiring to address the City Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public.

5.4 Decorum and Order ‒ Public

12 Members of the public attending any Council meeting shall avoid any conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the City Council may order the meeting room cleared and continue the session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

Nothing in this section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

5.5 Enforcement of Decorum
As set forth in Government Code Section 54957.95, the Mayor may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the Mayor must warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Mayor may then remove the individual if they do not promptly cease their disruptive behavior. As used in this paragraph, “disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Notwithstanding the preceding paragraph, if the individual disrupting the meeting is using force or a true threat of force, they may be removed without a prior warning to cease their behavior.

5.6 Personal Privilege
The right of a member to address the City Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned or impugned.

5.7 RESERVED

5.8 Limitation of Debate
Council Members normally should speak not more than once upon any one subject until every other member choosing to speak thereon has spoken. Members shall limit their statements to five minutes each time they have the floor, unless the City Council, by majority vote, approves an extended period.

5.9 Dissents, Protests, and Comments
Any member shall have the right to express dissent from or protest to or

13 comment upon any action of the City Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, “I would like the minutes to show that I am opposed to this action for the following reason...”

5.10 Rulings of Chair Final Unless Overruled
In presiding over Council meetings, the Mayor, Mayor Pro Tempore, or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. And such decision or ruling shall be final unless overridden or suspended by majority vote of the City Council Members present and voting, and shall be binding and legally effective for purposes of the matter under consideration.

SECTION 6. ADDRESSING THE CITY COUNCIL

6.1 Manner of Addressing the City Council
A. Any member of the public desiring to address the City Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, all speakers are encouraged to state their names and addresses for the record.

B. All remarks and questions shall be addressed to the Chair and not to any individual Council Member, staff member or other person.

6.2 Written Correspondence from the Public
Public comments to the City Council may be submitted to the City Clerk in written format either by email or other form of written correspondence. The City Clerk shall provide all written public comments to the City Council when received and/or during the City Council meeting. The City Clerk is not required to read each comment into the record, however the comments are part of the record; the City Clerk shall also make such comments available for public inspection in accordance with the Brown Act.

6.3 Pending Matters Before Commissions and Boards
Speakers who desire to address the City Council on a topic which is currently before or about to be submitted for consideration by a City Commission, Board or other agency, should be encouraged by the Presiding Officer to make their comments to that other body and withhold further comment on the subject until that latter body has completed its deliberations and taken its final action.

SECTION 7. MOTIONS

7.1 Processing of Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.

14 7.2 Motions Out of Order
The Presiding Officer may at any time, by majority consent of the City Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.

7.3 Division of Question
If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall, divide the motion into two separate motions.

7.4 Precedence of Motions
When a motion is before the City Council, no motion shall be entertained except the following, which shall have precedence in the following order:
a. Adjourn
b. Fix Hour of Adjournment
c. Table
d. Limit or Terminate Discussion
e. Amend
f. Postpone

7.5 Motion to Adjourn (Not Debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. When repeated without intervening business or discussion; b When made as an interruption of a member while speaking c When discussion has been ended, and a vote on a motion is pending; and
d. While a vote is being taken.

A motion to adjourn “to another time” shall be debatable only as to the time to which the meeting is adjourned.

7.6 Motion to Fix Hour of Adjournment
Such a motion shall be to set to a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

7.7 Motion to Table
A motion to table shall be used to temporarily bypass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.

7.8 Motion to Limit or Terminate Discussion
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate

15 shall be reopened; if the motion passes, a vote shall be taken on the main motion.

7.9 Motion to Amend
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted on first, then the main motion as amended.

7.10 Motion to Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

SECTION 8. VOTING PROCEDURE

8.1 Voting Procedure
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Council Member present may be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. The order of voting shall be the maker of the motion first. The second shall be next. The next two shall be alternated and the Mayor shall be last. Members shall respond “aye,” “no” or “abstain,” provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Council Member not audibly and clearly responding “no” or “abstain” or otherwise registering an objection shall have his vote recorded as “aye.”
Every ordinance (other than urgency ordinances) and any resolution or order for franchise or payment requires only three (3) affirmative votes. Urgency ordinances require four (4) affirmative votes. A roll call vote shall be used for urgency ordinances, other actions requiring a 4/5th vote, and consent calendar. Any other question before the City Council shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during roll call.

Any member may change his/her vote before the next order of business.

8.2 Failure to Vote
Every Council Member should vote unless disqualified for cause.

Disqualification for cause includes but is not limited to, a conflict of interest in the decision that legally requires his or her recusal and disqualification from the decision.

8.3 Reconsideration
Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration

16 has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the City Council.

8.4 Tie Votes
Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the City Council takes other action to further consider the matter. If a tie vote results at a time when less than all members of the City Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the City Council, unless otherwise ordered by the City Council.

SECTION 9. RESOLUTIONS

9.1 Definitions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for a long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by resolutions. The term “resolution” in its general sense will denote any action taken affirmatively via a vote of the City Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non-ordinance) actions: “Resolution,” “minute order,” and “motion” (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they vary in the formality of respective memorialization. The most formal is referred to locally as a “resolution.” This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such “resolutions” are used in this City for various reasons, such as when specifically required by law, when needed as a separate identical document to be transmitted to another governmental agency, or when the frequency of future reference back to its contents warrants a separate document (with the additional “whereas” explanatory material it often recites) to facilitate such future reference and research.

A “minute order” as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however, the “minute order” is drafted far more briefly than a “resolution” and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate certain administrative processes to which it pertains.

A “motion” (assuming it was one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.

9.2 Resolutions Prepared in Advance
Where a resolution has been prepared in advance, the procedure shall be:

17 motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full.

9.3 Resolutions not Prepared in Advance
Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting.

9.4 Urgency Resolutions
In matters of urgency, a resolution may be presented verbally, in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed.

Urgency resolutions shall be avoided except when absolutely necessary, and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable.

SECTION 10. ORDINANCES

10.1 Introduction and Adoption of Ordinances
Ordinances shall not be passed within five days of their introduction, or at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion and adopted by unanimous vote of the City Council Members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned meeting held at least five days after alteration.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

10.2 Effective Date
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such a later date as may be designated in the ordinance.

10.3 Publishing
It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption.

10.4 Urgency Ordinances

18 All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5th majority, it may thereafter be considered and passed in the same manner as regular ordinances.

SECTION 11. STUDY SESSIONS

11.1 Study Sessions
Council Members able to attend scheduled Study Sessions will meet for the purpose of discussion of special subjects of immediate concern and meeting and conferring with a City Commission, Civic Organizations and City Officials relative to pending City business.

The time for sessions will be as specified by the City Council or by the Mayor on individual occasions when appropriate to the convenience of the City Council Members, provided that when this occurs, written notice shall be provided in accordance with the Government Code.

11.2 Open to the Public
Study Sessions shall at all times be open to the public and the news media, except: a) closed sessions held at such times pursuant to Government Code Section 54947.6 whereat the City Council meets with its designated representatives of employee organizations; b) Closed Sessions to consider possible or pending litigation in which the City is or could be a party; c) Closed Sessions to consider the purchase, lease, or sale of property; and d) Closed Sessions on any other subject permitted by the Brown Act.

11.3 Purpose
Study Sessions are not intended to constitute a regular meeting of the City Council and they shall be carried on if a majority of the City Council is present but otherwise regardless of the number of Council Members in attendance.

At such Study Session, no formal action shall be taken, no motions shall be offered, no arguments entered into; the sole purpose of said meetings being to provide background information to members of the City Council and to allow Council Members to ask questions and to express personal opinions. This shall not, however, be deemed to apply with respect to Closed Sessions referred to in Section 11.2.

11.4 Agenda
The City Manager shall be responsible for preparing an agenda, along with any available supporting information, of items for discussion at each Study Session. Any Council Member may request that a matter be placed on the agenda for a Study Session. Except in urgent situations, Council Members should submit, on the appropriate form, such request three (3) working days before a Study Session, along with any available supporting information.

19 SECTION 12. INTERACTION WITH CITY STAFF

12.1 Council-Manager Form of Government
Like most California cities, Calimesa was formed as a general law city and has adopted a City Council-City Manager form of government. The City Council appoints a City Manager to implement policy, enforce its laws, to direct the daily operations of city government, and to prepare and monitor the municipal budget. The Municipal Code specifies roles and responsibilities and requires that Council Members work through the City Manager in dealing with City staff unless simply requesting information from department heads or other staff members. The City Manager is responsible to the City Council as a body rather than to individual Council Members.

12.2 Council-Manager Relationship
The employment relationship between the City Council and City Manager reflects the fact that the City Manager is the chief executive officer of the City. The City Manager has an employment agreement with the City Council. Regular communication between the City Council and City Manager is important in maintaining effective interpersonal relations. All dealings with the City Manager, whether in public or private, should be consistent with the authority of the City Manager in administrative and personnel matters. Council Members should avoid situations that may result in City staff being directed, intentionally or unintentionally, by one or more members of the City Council. Further, Council Members should avoid involving themselves in matters regarding individual City employees or related affairs.

The City Council should evaluate the City Manager’s performance on a regular basis to ensure that both the City Council and City Manager are in agreement about organizational performance and priority goals that are based on mutual trust and common objectives.

As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with the City Council in various ways. In addition to the formal Council meetings, there are periodic briefing meetings with individual Council Members and written memoranda and email. Communication must be undertaken in such a way that all Council Members are treated similarly and kept equally informed. It is also important that the City Council provide ongoing feedback, information and perceptions to the City Manager including responses to written communications and surveys requesting feedback.

12.3 City Manager Code of Ethics
The City Manager is subject to a professional code of ethics that binds the City Manager to certain practices that are designed to ensure his or her actions are in support of the City’s best interests. Violations of such standards can result in censure.

20 12.4 City Council-City Attorney Relationship
The City Attorney is the legal advisor for the City Council, City Manager and departments. The general legal responsibilities of the City Attorney are to: 1) provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2) represent the City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations and similar proceedings; 3) prepare ordinances, resolutions, contracts and other legal documents to best reflect and implement the purposes for which they are prepared; and 4) keep City Council and staff apprised of court rules and legislation affecting the legal interests of the City. It is important to note that the City Attorney does not represent individual members of the Council, but the City Council as a whole.

12.5 Roles and Information Flow
Objectives: It is the intent of staff to ensure Council Members have free and easy access to information from the City and to ensure that such information is communicated completely, with candor and without bias. Individual Council Members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute the priorities given by management and the City Council as a whole without fear of reprisal.

Council Roles: The full City Council retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, service levels, work loads and schedules, departmental priorities, and the performance of City business. If a Council Member wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.

Should a Council Member become dissatisfied about a department, he/she should always talk it over with the City Manager, not the department head. Concerns about a department head must be taken to the City Manager only.

Access to Information: Individual Council Members as well as the City Council as a whole shall receive the full cooperation and candor of staff in being provided with any requested information. The City Manager or appropriate staff will inform the City Council when a critical or unusual event occurs about which the public would be concerned.

To assist the City Manager in his ability to monitor the flow of information, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Council Members are

21 asked to “cc” both the department head and the City Manager on all correspondence with staff. Council Members should be careful not to inadvertently communicate their viewpoint on matters of city business outside of a meeting through an e-mail that is sent to two or more other Council Members.

There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by city management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information related to crimes) may not be available to members of the City Council.

City Council Members have a responsibility in this information flow as well.

It is critical that they make use of staff reports and commission minutes. Council Members should come to meetings well prepared – having read staff reports and attachments, and requesting in advance any necessary and available information from staff. If a Council Member has questions on an agenda item, that member should preferably contact staff prior to the meeting in order to allow staff time to research a response for the meeting.

Staff Roles: The City Council recognizes the primary functions of staff as serving the community executing Council policy and actions and in keeping the City Council informed. Staff is obligated to take guidance and direction only from the City Council as a whole or from the appropriate management supervisors. Staff is directed to report to the City Manager any attempts by individual members of the City Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations.

City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance; provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would more appropriately be assigned to staff through the direction of the full City Council. If a request by an individual Council Member is determined by the City Manager to take one hour or more of staff time to complete, that request may be included on the formal Council agenda for full Council discussion.

12.6 Dissemination of Information
In cases where a staff response to an individual Council Member request involves written materials that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant, new, and otherwise not available to the City Council or of interest to the City Council.

22 12.7 Magnitude of Information Request
Any information, service-related request, or revised policy position perceived as necessary by individual Council Members, and that cannot be fulfilled based on the above guidelines, should be submitted by the individual Council Member in writing to the City Council as a whole. When raised at a Council meeting, the full Council can decide whether and when to agendize the request for further consideration.

The City Manager will seek necessary clarification as to whether the City Council desires staff research or a report prepared; and, if so, the relative priority that should be given to such a request in light of other priorities and potential workload impacts.

12.8 Staff Relationship with Advisory Bodies
Staff support and assistance is typically provided to commissions and task forces. However, advisory bodies do not have authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager and City Council. The members of the Commission/board/committee are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with City policies and practices as outlined in the Commission Handbook.

Staff support often includes preparation of an agenda and its posting in compliance with the Brown Act. Staff may also prepare reports providing background on the issue, alternatives, a recommendation, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person may serve as secretary, taking minutes as needed. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.

It is important that advisory bodies wishing to communicate recommendations to the City Council do so through approved Council agenda procedures. In addition, if a commission wishes to correspond with an outside agency, that correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individuals who would like staff to perform research or for the commission to review a particular issue must gain approval for such a request from the full City Council before any work is planned or done. The annual work plan for the City’s commissions is determined by the City Council at its priority-setting that precedes the adoption of the fiscal year budget.

SECTION 13. SUPPORT PROVIDED TO CITY COUNCIL

13.1 Staff Support
General administrative support to members of the City Council is provided through the City Manager’s office. Secretarial services including scheduling of appointments, receipt of telephone messages, and word processing are available as needed. In addition to supporting the five City Council members, the two administrative support staff members also assist the City Manager, City Clerk, Finance Director, Public

23 Works Director, Planning Director and City Engineer. Sensitivity to the workload of support staff members in the City Manager’s office is appreciated. Should the requested tasks require significant time commitments, prior consultation with the City Manager is requested.

SECTION 14. FINANCIAL MATTERS

14.1 Council Compensation
State law and the Municipal Code provide for modest compensation to members of the City Council. Each Council Member shall be entitled to a salary in the amount of $300.00 per month.

14.2 Expenditure Allowance
Upon submission of an itemized accounting of expenses, a Council Member may be reimbursed for the actual and necessary expenses incurred in the performance of official duties.

14.3 Expenditure Guidelines
It is important to note that any expense must be related to City affairs.

Public property and funds may not be used for any private or personal purpose. Courts have ruled that this prohibition includes personal political purposes. For example, reimbursement could not be allowed to pay for meals at a meeting designed to discuss political or campaign strategies. It is also inappropriate for City funds to pay for a meal or other expenses of a private citizen.

City budgetary practices and accounting controls apply to expenditures within the City Council budget. Reimbursement requests should be made through the City Manager’s office monthly with receipts. Expenditure records are public information.

Questions arising as to the proper application or interpretation of the adopted policy will result in the City Manager conferring with the Mayor.

SECTION 15. CONFLICTS OF INTEREST

15.1 Conflict of Interest
State laws are in place to prevent an action by a Council Member that would or may constitute a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest. At any time a member believes a potential for a conflict of interest exists, he/she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws that regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution.

There are two primary laws that govern conflicts of interest for public officials in California – the Political Reform Act and Government Code § 1090. In

24 general terms, the Political Reform Act prohibits a public official from having an interest in government contracts. The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City.

Once a year Council Members and certain staff are required to file statements of economic interests.

Government Code § 1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by § 1090 are different from those in the Political Reform Act. A member having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating § 1090 are severe. If a Council Member believes that he or she may have any financial interest in a contract that will be before the City Council, the Member should immediately seek advice from the City Attorney or the member’s personal attorney.

15.2 City Attorney Advice
The City Attorney has an affirmative duty to protect the City and City Council from conflicts of interest wherever possible. It is critical to note that while the City Attorney can render advice on the interpretation of the law, the only authority that can provide binding interpretations on the Political Reform Act is the State Fair Political Practices Commission (FPPC). Members or the full Council may also solicit opinions on such matters directly from the FPPC; however, such opinions often take time to develop and may not readily respond to urgent matters. It is important to note that the City Attorney does not represent individual members of the Council, but the City Council as a whole.

15.3 Conflict of Interest Forms
Annual disclosure statements are required of all Council members, designated commissioners and senior staff which indicate potential conflicts of interest including sources of income, ownership of property and receipt of loans and gifts.

Council Members and the City Manager often serve on the governing boards of other agencies as a result of their positions. These agencies also require submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property among other items.

SECTION 16. This Resolution shall take effect immediately and the previous version of these City Council Policies and Procedures that were adopted in 2008 and any other version of these Policies and Procedures are hereby repealed and replaced with the Policies and Procedures contained in this Resolution.

SECTION 17. By motion of the Council adopted by a two-thirds vote, the Council has the authority to waive provisions of the procedures established by this Resolution

25 unless the procedure is required by law. Failure of the Council to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Council.

SECTION 18. The City Clerk shall certify to the adoption of this Resolution.

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

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________________

DARLENE GERDES

CITY CLERK
APPROVED AS TO FORM:
_________________________________________

QUINN BARROW, CITY ATTORNEY

RESOLUTION NO. 2023-19

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

CALIFORNIA ADOPTING RULES OF PROCEDURE FOR THE CONDUCT

OF CITY COMMISSIONERS, COMMITTEE MEMBERS AND BOARD
MEMBERS AND REPEALING AND REPLACING RESOLUTION NO. 98-
26 IN ITS ENTIRETY.

RECITALS
A. The primary intent of California’s open meeting law, the Brown Act, is that the people’s business be conducted openly and transparently, after providing an opportunity to the largest number of members of the public to directly address a city commission, committee or board before any action is taken on any item. The Brown Act mandates that city commissions, committee and boards adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body.

B. The Brown Act provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out. Pursuant to the Brown Act, Calimesa Municipal Code Section 2.10.060 provides that the Calimesa City Council may, from time to time, adopt by resolution rules of procedure for the conduct of commission, committee, and board meetings. The rules of procedure, as amended by the City Council, provide an opportunity for members of the public to directly address the commission, committee, and board on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable time.

Periodically, the Calimesa City Council reviews and amends the commission, committee, and board rules of procedure to facilitate the efficient and transparent conduct of the City’s business at a reasonable hour.

C. The City Council desires to amend the rules of order to facilitate effective and efficient meeting management, greater transparency, and meaningful public participation, and to rescind and replace Resolution No. 98-26 in its entirety.

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

SECTION 1. PURPOSE AND INTENT
The City Council, by Ordinance, has established a number of commissions, committees and boards (collectively referred to herein as “commissions”) which receive information, investigate, review and make decisions and recommendations regarding many areas of the City’s business. In creating these commissions, the City Council has further obligated itself to the establishment of procedural regulations and standards of conduct for commissioners in carrying out their duties on behalf of the City. The purpose of this Resolution is to set forth those procedural regulations and standards of conduct, with the intent that these regulations and standards will apply to all City commissioners, committee members and board members (collectively referred to herein as “commissioners”).

Attachment 13C
It is specifically not the intent of this Resolution that the regulations and standards set forth herein should preempt or supersede conflicting regulations and standards or State or Federal law. Where a conflicting provision appears in State law or City ordinances relating to a particular commission, the specific law or ordinance shall apply rather than the general provisions set forth herein.

SECTION 2. PROCEDURAL RULES AND STANDARDS OF CONDUCT
A. Commissioner Appointment: Members of each commission shall be appointed and shall serve for the period of time set forth in the ordinance creating the commission.

Where there is no ordinance establishing a term, members of the commission shall be appointed and shall serve terms concurrent with the appointing Council Member.

Planning Commissioners shall only serve as a member of the Planning Commission and not serve on any other City of Calimesa advisory commissions while serving as a Planning Commissioner.

B. Commissioner Removal: Commissioners shall serve at the pleasure of their appointing City Council Member. Commissioners may be removed by the City Council without cause, as follows:

1. At the request of the appointing Council Member a Commissioner may be removed from office by a majority vote of the City Council.

2. At the request of a Council Member other than the appointing Council Member (with the appointing Council Member dissenting), a Commissioner may be removed from office by a 4/5 vote of the City Council.

Vacancies must be reported to the City Clerk and shall be filled in accordance with the law.

C. Commission Attendance: Commissioners are strongly encouraged to attend all regularly scheduled meetings. Any member of a commission who misses more than three consecutive regularly scheduled meetings within a twelve-month period, without an excuse accepted by the majority of the members of the Commission, shall be deemed to have vacated his or her position on the commission. The chair of the commission shall report to the Mayor or other person charged with appointing members of the commission, to the City Clerk and to the member whose position has been declared vacated, that vacancy exists.

D. Terms of Office: Any commissioner may be appointed and reappointed to an unlimited number of repeated terms of office.

E. Residency Requirements: No person who is not a resident of the City shall serve on any commission having authority to make binding decisions, except as expressly allowed by City ordinance.

F. Commission Meetings: Each commission shall hold regular meetings as such times and dates are established by resolution of each commission, in accordance with meeting room and staff availability. Such meetings shall be held at the stated time and in a public place and notice of such meetings shall be given in accordance with the provisions of the Brown Act, Government Code Section 54950 et seq. Each commission shall meet at least

once a year for the purpose of reorganization.

G. Commission Members to Serve Without Pay: Except where otherwise specifically provided by ordinance, commissioners shall serve without pay. Commissioners shall not be reimbursed for time lost from work on City business. Commissioners may be reimbursed for actual costs expended while on City business, with the prior approval of the City Manager. Commissioners may be reimbursed for the use of their personal vehicles for City business at the rate allowed per mile for City employees and officers using personal vehicles on City business, whit the prior approval of the City Manager.

H. Commission Demeanor, Decorum and Conduct of Meetings:

1. Any commissioner desiring to speak shall address the chair and, upon recognition by the chair, shall confine himself/herself to the question under debate.

2. A commissioner desiring to question the staff shall address his/her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself/herself or to designate some member of his/her staff for that purpose.

3. A commissioner, once recognized, shall not be interrupted while speaking unless called to order by the chair; unless a point of order is raised by another commissioner; or unless the speaker chooses to yield to questions from another commissioner.

4. Any commissioner called to order while he/she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed. If the point or issue is ruled to be not in order, he/she shall remain silent or shall alter his/her remarks so as to comply with these rules.

5. Commissioners shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.

6. Any commissioner may move to require the chair to enforce the rules and the affirmative vote of a majority of the commission shall require him/her to so act.

I. Action by Resolution or Minute Action: Actions of commissions shall be taken by resolution or minute action.

J. Code of Ethics: The public judges its government by the way public officials and employees conduct themselves in the posts to which they are elected or appointed.

The people have a right to expect that every public official will conduct himself/herself in a manner that will tend to preserve public confidence in and respect for the

government represented. Such confidence and respect can best be promoted if every public official and employee, whether paid or unpaid, and whether elected or appointed, will uniformly: (a) treat all citizens with courtesy, impartiality, fairness and equality under the Law; and (b) avoid both actual and potential conflicts between their private self-interests and the public interest. This code of ethics should apply to all commissioners.

K. Conflicts of Interest: The City's conflict of interest applies to all commissioners.

Generally, no commissioner should have any financial or personal interest in any business or transaction with the City unless the commissioner first makes full public disclosures of the nature and extent of such interest. Whenever the performance of official duties shall require any commissioner to deliberate and vote on any matter involving financial or personal interest, the commissioner shall publicly disclose the nature and extent of such interest and be disqualified from participating in the deliberation as well as in the voting. A former commissioner shall not, within one year after the date of termination from office, represent any person or business with a matter in which the former commissioner has performed an official act.

L. Representation of Private Persons: No commissioner shall appear on behalf of any private person, other than himself or herself, before any commission or the City Council on a matter which is within the jurisdiction of his or her commission except with permission of commission, where the commissioner does not otherwise have a financial interest in the representation and where the commissioner refrains from official participation in the matter.

M. Incompatible Employment: No commissioner shall engage in private employment with or render services for, any private person who has business transactions with the City which may come before the commission for recommendation or decision, unless the commissioner has first made full public disclosure or the nature and extent of such employment services.

N. Gifts and Favors: No commissioner shall accept any gift whether in the form of money, thing, favor, loan, or promise, that would not be offered or given if the commissioner were not in such a position,
O. Confidential Information: No commissioner shall, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property or governmental affairs of the City.

Whether or not it shall involve disclosure, no commissioner shall use or permit the use of any such confidential information to advance the financial or personal interests of himself/herself or any other person.

P. Fair and Equal Treatment: No commissioner shall grant or make available to any person any consideration, treatment, advantage, or favor beyond that which it is the general practice to grant or make available to the public at large. No official or employee shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, equipment, labor or service for the personal convenience or the private advantage of the official or employee or any other person.

Q. Political Activities: No commissioner shall participate in any political activity which would be in conflict or incompatible with the performance of his or her official functions and duties for the City. No commissioner may use his or her official authority or

position for the purpose of influencing or interfering with or affecting the results of any election, nor shall he or she solicit funds or contributions or accept or receive funds or contributions from City employees for political purposes. No commissioner may distribute pamphlets, petitions or handbills while he or she is performing his or her official functions and duties with the City. Nothing herein shall be construed to prohibit any commissioner from participating in the political process in his or her capacity as a private citizen.

R. Violations of Ethical Rules or Standards of Conduct: Any violation of an ethical rule or standard of conduct may result in removal from the commission.

S. Channels of Communication: Commissioners should communicate with City staff through the City Manager or the City employee who has been designated by the City Manager as staff liaison to the commission.

SECTION 3. ADDRESSING THE COMMISSION - DECORUM AND ORDER A. Manner of Addressing the Commission

1. Any member of the public desiring to address the Commission shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he/she shall state his/her name and address for the record.

2. All remarks and questions shall be addressed to the Chair and not to any individual Commission Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer.

3. Any member of the Commission who has been recognized by the Presiding Officer for such a purpose may address or respond to members of the public who have addressed the Commission pursuant hereto. Such an address or response shall not exceed three minutes in length, and shall be deemed to express the individual position or opinion of the Commissioner offering the same and shall not be construed to bind the Commission or the City in any manner. Unless otherwise directed by the Commission, the restrictions imposed by this Subsection (a) shall apply only to those portions of the Commission Agenda during which members of the public are permitted to make oral communications to the Commission.

B. Time Provided for Communications from the Public: Any member of the public desiring to address the Commission shall be provided three minutes for his/her statement unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 4.5. Public Comments to the Commission may also be submitted to the City Clerk or Planning Secretary in written format either by email or other form of written correspondence. The City Clerk or Planning Secretary shall provide all written public comments to the Commission when received and/or during the Commission meeting. The City Clerk or Planning Secretary is not required to read each comment into the record.

C. Addressing the Commission after Motion is Made: After a motion has been made, or after a public hearing has been closed, no member of the public shall Commission.

D. Limitations Regarding Communications from the Public and Reports: The making of oral communications to the Commission by any member of the public during the

“Communications from the Public” portion of the agenda shall be subject to the following limitations:

1. At any time, before or after the oral communication has commenced, the Presiding Officer may, if he/she deems it preferable, direct that the communication be made instead either to the Planning Director or other appropriate staff member during regular business hours, or in writing, for subsequent submittal to Commissioners.

2. The Presiding Officer may limit the number of speakers heard on non-agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the “Communications from the Public” agenda item.

3. If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking, as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.

E. Decorum and Order – Public: Members of the public attending any Commission meeting shall avoid any conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Commission may order the meeting room cleared and continue the session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Commission from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

F. Enforcement of Decorum: As set forth in Government Code Section 54957.95, the Presiding Officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the Presiding Officer must warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Presiding Officer may then remove the individual if they do not promptly cease their disruptive behavior. As used in this paragraph, “disrupting” means engaging in behavior during a meeting of the Commission that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Notwithstanding the preceding paragraph, if the individual disrupting the meeting is using force or a true threat of force, they may be removed without a prior warning to cease their behavior.

SECTION 4. MOTIONS
A. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.

B. Motions Out of Order: The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.

C. Division of Question: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall, divide the motion into two separate motions.

D. Precedence of Motions: When a motion is before the Commission, no motion shall be entertained except the following, which shall have precedence in the following order:

1. Adjourn

2. Fix Hour of Adjournment

3. Table

4. Limit or Terminate Discussion

5. Amend

6. Postpone
E. Motion to Adjourn (Not Debatable): A motion to adjourn shall be in order at any time, except as follows:

1. When repeated without intervening business or discussion;

2. When made as an interruption of a member while speaking;

3. When discussion has been ended, and a vote on a motion is pending; and

4. While a vote is being taken.

A motion to adjourn “to another time” shall be debatable only as to the time to which the meeting is adjourned.

F. Motion to Fix Hour of Adjournment: Such a motion shall be to set to a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

G. Motion to Table: A motion to table shall be used to temporarily bypass the subject.

A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.

H. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

I. Motion to Amend: A motion to amend shall be debatable only as to the amendment.

A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the

intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted on first, then the main motion as amended.

J. Motion to Continue: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

SECTION 5. VOTING PROCEDURE
A. Voting Procedure: In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Commissioner present may be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The City Clerk or Planning Secretary shall call the names of all members seated when a roll call vote is ordered or required. The order of voting shall be the maker of the motion first. The second shall be next. The next two shall be alternated and the Chairperson shall be last. Members shall respond “aye,” “no” or “abstain,” provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Commissioner not audibly and clearly responding “no” or “abstain” or otherwise registering an objection shall have his vote recorded as “aye.”
Any question before the Commission shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during roll call. Any member may change his/her vote before the next order of business.

B. Failure to Vote: Every Commissioner should vote unless disqualified for cause.

Disqualification for cause includes but is not limited to, a conflict of interest in the decision that legally requires his or her recusal and disqualification from the decision.

C. Reconsideration: Any Commissioner who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission.

D. Tie Votes: Tie votes shall be lost motions. When all Commissioners are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Commission takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Commission are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Commission, unless otherwise ordered by the Commission.

SECTION 6. ADMINISTRATIVE OVERSIGHT OF AND ASSISTANCE TO COMMISSIONS.

A. Each commission shall be assigned appropriate administrative support, under the oversight of the city manager, to provide administrative assistance with such matters as the preparation of agendas, recommendations for action, minutes, memoranda of decisions and official correspondence, and shall coordinate the clerical and technical work of the commission in administering their official functions. Such administrative

support shall attend commission meetings, but shall serve in an advisory capacity only and shall have no voting rights.

B. The city clerk shall be the custodian of records for all commissions. Minutes of commission meetings shall be provided to the City Council.

SECTION 7. This Resolution shall take effect immediately and the previous version of these Commission, Committee and Board Policies and Procedures that were adopted in 1998 and any other version of these Policies and Procedures are hereby repealed and replaced with the Policies and Procedures contained in this Resolution.

SECTION 8. The City Clerk shall certify the adoption of this Resolution.

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

WILLIAM DAVIS, MAYOR
ATTEST:
__________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
_________________________________________

QUINN BARROW, CITY ATTORNEY