Calimesa City Council
May 15, 2023

Regular Meeting of the Calimesa City Council
Monday May 15, 2023

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

STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY BARROW, CITY CLERK

GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC

WORKS ASSOCIATE ENGINEER SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF LT. OLSEN.

PLEDGE OF ALLEGIANCE

APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; remove items from the Consent Calendar for individual consideration or rearrange the order of the agenda. City staff may also request removal of an item from the Consent Calendar for individual discussion, or notify the public that an agenda item may be taken off the agenda, postponed or continued. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

RECOMMENDATION: Move to approve the agenda
Motion________________________ Second_______________________ Vote___________________________ Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, May 15, 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.

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 May 15, 2023

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction, including items on the agenda. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the 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.

CONSENT CALENDAR (Items 1 – 12)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

RECOMMENDATION: Move to approve the Consent Calendar
Motion________________________ Second_______________________ Vote___________________________

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council/Planning Commission Joint Workshop Meeting of April 22, 2023. b) City Council action minutes of a regular meeting of May 1, 2023

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of March 7, 2023 regular meeting. b) Library Commission action minutes of April 4, 2023 regular meeting. c) Parks, Trails & Community Services Comm. action minutes of April 5, 2023 regular meeting. d) Planning Commission action minutes of April 10, 2023 regular meeting.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $767,473.38 (Check Nos. 40275 to 40346) b) May 11, 2023 Payroll of $99,039.49.

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through April 30, 2023.

5. TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2023.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended March 31, 2023

6. REQUEST FOR PARTNERSHIP – CHAMBER OF COMMERCE FOR CALIMESA CHRISTMAS PARADE.

RECOMMENDATION: That the City Council approve the request by the Calimesa Chamber of Commerce for partnership with the City (including a fee waiver) for the Annual Calimesa Christmas Parade. Total fee waiver is estimated at $2,520.

7. PROPOSED MSHCP FEE CPI ADJUSTMENT FOR JULY 1, 2023.

RECOMMENDATION: That the City Council adopt Resolution No. 2023-21, A Resolution of the City Council of the City of Calimesa, California implementing the proposed MSHCP Fee CPI Adjustment for Fiscal Year 2023-24, as recommended by the Western Riverside County Regional Conservation Authority (RCA).

Regular Meeting of the Calimesa City Council
Monday May 15, 2023

8. WILDLAND PROTECTION AGREEMENT BETWEEN THE CITY OF CALIMESA AND THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE).

RECOMMENDATION: That the City Council adopt Resolution 2023-22, a resolution of the City Council of the City of Calimesa approving an Agreement between the City and the California Department of Forestry and Fire Protection for Protection of Wildlands within the Local Agency Responsibility Area (LRA) of the City, approving the Wildland Operating Plan between the City of Calimesa and the CAL Fire/Riverside Unit, approving an Agreement Summary with Cal Fire, and authorizing the City Manager to execute these Agreements and related documents

9. CITY HALL RELEVELING PROJECT.

RECOMMENDATION: That the City Council:
a. Adopt Resolution No. 2023-23 making findings in support of a waiver of public bidding requirements in connection with the City Hall Releveling Project, and b. Award a contract with IE General Engineering, Inc in the amount of $15,590.

10. AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR PROPERTY TAX MANAGEMENT AND INFORMATION SERVICES WITH HDL COREN & CONE.

RECOMMENDATION: That the City Council award a professional services agreement for property tax management and information services with HDL Coren & Cone starting on May 15, 2023 and extending the contract through June 30, 2024 with the option to extend by mutual agreement for future fiscal year periods.

11. COUNCIL APPROVAL OF AN ALLOCATION OF FUNDS TO BE USED FOR REVIEW AND

UPDATE OF THE CALIMESA FIRE DEPARTMENT POLICIES AND PROCEDURES AND

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CALIMESA AND AP TRITON, LLC.

RECOMMENDATION: That the City Council:
a. Approve a Professional Services Agreement for the review and update of the Calimesa Fire Department Policy Manual between the City of Calimesa and AP Triton, LLC. b. Adopt Resolution No. 2023-24 amending the FY 2022-23 Budget to include an additional appropriation to the City Clerk/Risk Management Account for the review and update of the Calimesa Fire Department Policy Manual.

12. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT & 2022 HOUSING ELEMENT PROGRESS REPORT.

RECOMMENDATION: That the City Council receive and file the attached General Plan Annual Progress Report and Housing Element Annual Progress Report

CHAMBER OF COMMERCE REPORTS

SHERIFF CAPTAIN COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

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

Regular Meeting of the Calimesa City Council
Monday May 15, 2023

BUSINESS ITEMS

13. ANIMAL CONTROL SERVICES
RECOMMENDATION: That the City Council:

1. Waive full reading and introduce Ordinance No. 390 by title only, An Ordinance of the City of Calimesa adopting by reference Title 6 - Animal, of the Riverside County Code as the City’s Animal Control Ordinance and amending the Calimesa Municipal Code.

2. Waive full reading and adopt Urgency Ordinance No. 390-U by title only, An Urgency Ordinance of the City of Calimesa adopting by reference Title 6 - Animal, of the Riverside County Code as the City’s Animal Control Ordinance, amending the Calimesa Municipal Code and declaring the urgency thereof.

3. Set a public hearing for the adoption of Ordinance No. 390 for June 19, 2023.

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

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, June 5, 2023 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: May 15, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Special Joint City Council/Planning Commission Workshop Meeting of April 22, 2023 and the Regular City Council meeting of May 1, 2023.

ATTACHMENTS:

Attachment A: Joint CC/PC action minutes of April 22, 2023 special workshop meeting.

Attachment B: City Council action minutes of May 1, 2023 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: May 15, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the March 7, 2023 and April 4, 2023 Library Commission regular meetings, Parks, Trails & Community Services Commission regular meeting of April 5, 2023 and the April 10, 2023 Planning Commission regular meeting.

ATTACHMENTS:

Attachment A: Library Commission action minutes of March 7, 2023 regular meeting.

Attachment B: Library Commission action minutes of April 4, 2023 regular meeting.

Attachment C: Parks, Trails & Community Services Commission action minutes of April 5, 2023 regular meeting
Attachment D: Planning Commission action minutes of April 10, 2023 regular meeting

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: May 15, 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 $767,473.38 (Check Nos. 40275-40346) b) May 11, 2023 Payroll of $99,039.49

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE

EXPENSES
MEETING DATE: May 15, 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 April 30, 2023.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through April 30, 2023.

FISCAL YEAR 2022-23

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
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 4A
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 13-Mar LOCC Riverside Division Meeting $ 50.00 $500 transferred from Bdavis 2-2023
to provide additonal funds for travel
TOTAL TRAVEL/TRAINING $ 1,176.36 TOTAL MEETING/MILEAGE $ 252.00 REMAINING BALANCE $ 773.64 REMAINING BALANCE $ 348.00

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 4A
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. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
MARCH 31, 2023
MEETING DATE: May 15, 2023
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended March 31, 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 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 March 15, 2023 of $750,000 from the LAIF Investment Fund to General Checking account.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $7,392 for CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended March 31, 2023.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: REQUEST FOR PARTNERSHIP – CHAMBER OF COMMERCE

FOR CALIMESA CHRISTMAS PARADE
MEETING DATE: May 15, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the request by the Calimesa Chamber of Commerce for partnership with the City (including a fee waiver) for the Annual Calimesa Christmas Parade. Total fee waiver is estimated at $2,520.

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

The Chamber of Commerce is once again requesting partnership with the City as they plan for the 2023 parade currently scheduled for the evening of December 2, 2023. Partnership would include staff participation/coordination and temporary road closures as well as a waiver of any applicable City fees. The fees will consist of attendance at planning meetings, a Temporary Event Permit (TEP) and staff overtime to open and close the streets in and around the parade route. The estimated cost is projected to be $2,520.

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

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: PROPOSED MSHCP FEE CPI ADJUSTMENT FOR JULY 1, 2023 MEETING DATE: May 15, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2023-21, A Resolution of the City Council of the City of Calimesa, California implementing the proposed MSHCP Fee CPI Adjustment for Fiscal Year 2023-24, as recommended by the Western Riverside County Regional Conservation Authority (RCA).

DISCUSSION: The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) contains a provision providing for an automatic annual adjustment of MSHCP fees based on the Consumer Price Index (CPI). Based on the CPI increase for Riverside-San Bernardino-Ontario, CA, MSHCP fees will increase 7.33% effective July 1, 2023.

Member Agencies are required to implement the automatic CPI adjustment effective July1, 2023 and begin collection fees for the Fiscal Year 2023-2024 rates as outlined in the attached schedule.

The MSHCP fees have been revised as follows:

MSHCP FEE CATEGORIES NEW FEES TO BE EFFECTIVE JULY 1, 2023 Residential, density less than 8.0 du/acre $4,236.00 per unit Residential, density between 8.0 and 14.0 du/acre $1,766.00 per unit Residential, density greater than 14.0 du/acre $781.00 per unit Commercial (fee per acre) $19,066.00 per acre
Industrial (fee per acre) $19,066.00 per acre
ATTACHMENTS:

Attachment A: Resolution 2023-21
Attachment B: RCA Local Development Mitigation Fee Schedule for Fiscal Year 2023/2024.

RESOLUTION NO. 2023-21

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

CALIFORNIA, IMPLEMENTING THE PROPOSED MSHCP FEE CPI
ADJUSTMENT FOR FISCAL YEAR 2023-24 AS RECOMMENDED BY THE

WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY (RCA).

The City of Calimesa hereby finds and determines that:

WHEREAS, Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) contains a provision providing for an automatic annual fee adjustment based on the Consumer Price Index (CPI);
WHEREAS, the Riverside County Regional Conservation Authority (RCA) has recalculated the MSHCP Fee Schedule for member cities and the County to adopt; WHEREAS, the City of Calimesa is a member city of the Western Riverside County Regional Conservation Authority;
WHEREAS, adoption of the MSHCP fees will ensure that all member cities and the County are on the same adjustment cycle in the following years; WHEREAS, per the U.S. Bureau of Labor Statistics, the CPI increased 7.33% based on the CPI increase for Riverside - San Bernardino – Ontario, CA; and WHEREAS, the RCA has revised the fee schedule accordingly.

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

Section 1. That each and all, of the findings set forth above are adopted herein in full.

Section 2. That the City Council adopts the proposed MSHCP Fee CPI Adjustment for July 1, 2023
PASSED, APPROVED AND ADOPTED this 15th day of May 2023
_________________________________________

WILLIAM DAVIS MAYOR
ATTEST:
_________________

DARLENE GERDES, CITY CLERK

Attachment 7A

WESTERN RIVERSIDE COUNTY

MULTIPLE SPECIES HABITAT CONSERVATION PLAN

LOCAL DEVELOPMENT MITIGATION FEE SCHEDULE FOR
FISCAL YEAR 2024
(Effective July 1, 2023 – June 30, 2024)
Fee Category Fee
Residential, density less than 8.0 dwelling units per acre (fee per dwelling unit)
$4,236
Residential, density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit)
$1,766
Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit)
$781
Commercial (fee per acre) $19,066
Industrial (fee per acre) $19,066

Attachment 7B
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: WILDLAND PROTECTION AGREEMENT BETWEEN THE CITY OF

CALIMESA AND THE CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE)
MEETING DATE: May 15, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council adopt Resolution 2023-22, a resolution of the City Council of the City of Calimesa approving an Agreement between the City and the California Department of Forestry and Fire Protection for Protection of Wildlands within the Local Agency Responsibility Area (LRA) of the City, approving the Wildland Operating Plan between the City of Calimesa and the CAL Fire/Riverside Unit, approving an Agreement Summary with Cal Fire, and authorizing the City Manager to execute these Agreements and related documents.

BACKGROUND: The establishment of the City municipal fire department requires the City to enter various agreements with other agencies in order to effectively utilize resources and provide a full service, “all-risk,” best practices, regional approach to fire protection.

DISCUSSION: Since 2018, Calimesa has had a Wildland Fire Protection agreement with CAL FIRE which is renewable annually. The current agreement expires on June 30, 2023. The agreement being recommended for approval is the renewal of that agreement. The agreement serves similarly to an insurance policy. Should the City experience a wildland fire, this agreement provides that State (CAL FIRE) resources may be requested and made available at no additional cost.

There are various areas within our city that are designated as wildlands, Wildland Urban Interface and Wildland Urban Intermix for the purposes of fire protection. In the past, the State has provided a one-mile buffer around State Responsibility Area (SRA). In other words, the State provides for resources within the buffer area which crosses into a City’s jurisdiction. These agreements augment existing fire department resources allocated specifically for wildland firefighting service. If a jurisdiction desires coverage which extends beyond the buffer, they must contract for service on a cost per acre basis. Over four years ago the City of Calimesa was informed that the state reduced the buffer zone from one mile to a half mile from the LRA/SRA border. Staff have repeatedly attempted to receive a definitive explanation for the change of practice, which continues to result in a significantly higher annual cost than was originally anticipated. However, due to the continued exposure in various areas of our City, the City Manager and Fire Chief highly recommend entering into (i.e. renewing) this agreement for fiscal year 2023-24, as we in the recent past endured and

experienced the Sandalwood Fire. This agreement previously provided for an enormous number of fire suppression resources and will continue to do so in the event of a wildland fire.

It should be noted that cities with in-house fire departments typically have entered into the same type of agreement. In addition, cities that contract with CAL Fire for fire services and had received those types of services as part of their contract are now also being required to obtain a similar wildland protection agreement.

FISCAL IMPACT: The cost for Fiscal Year 2023-24 is $131,138.00. This cost is calculated as the per acreage cost of $36.45 times the Calimesa wildland area outside of the buffer zone (3,212 acres) which is in the LRA with an administrative rate of 12.01% of agreement cost calculations.

This amount will be included in the 2023-24 Proposed Budget for the Fire Department.

ATTACHMENTS:

Attachment A: Local Responsibility Area Wildland Protection Reimbursement Agreement (Including Operating Plan and Wildland Area Maps)
Attachment B: Resolution 2023-22

STATE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 1/2023
AGREEMENT NUMBER 3CA06290
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Calimesa

2. The term of this Agreement is: 07/01/2023 through 06/30/2024

3. The maximum amount of this Agreement is: $ 131,138.40 One hundred thirty one thousand, one hundred thirty eight dollars and forty cents.

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Calimesa
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Will Kolbow, City Manager

ADDRESS
908 Park Ave. Calimesa, CA 92320

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
12

Attachment 8A
Contractor Name: City of Calimesa
Contract No: 3CA06290
- 2 -

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Riverside Unit Local Agency: City of Calimesa Name: Bill Weiser Name: Will Kolbow
Phone: 951-940-6900 Phone: 951-7951010
Fax: 951-940-6910 Fax: 909-795-4399
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Bill Weiser Local Agency: City of Calimesa Section/Unit: Riverside Unit Section/Unit: City Manager Attention: Scott Lane Attention: Will Kolbow
Address: 210 W. San Jacinto Av.

Perris, CA 92570
Address: 908 Park Av.

Calimesa, CA 92320
Phone: 951-940-6900 Phone: 951-795-9801
Fax: 951-940-6910 Fax: 951-795-4399
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1st day of July, 2023, by and between the State of California, hereinafter called STATE and City of Calimesa, County of Riverside, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 3212 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.

STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas.

Contractor Name: City of Calimesa
Contract No: 3CA06290
- 3 -

4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.

B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.

C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.

5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.

B. STATE response will be subject to availability of resources.

C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.

D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.

6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.

7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.

Contractor Name: City of Calimesa
Contract No: 3CA06290
- 4 -

EXHIBIT B

BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION

1. Invoicing and Payment:

A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 36.45 per acre, plus an 12.01% administrative charge for a total of $131,138,40 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.

B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.

C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.

2. Budget Contingency Clause
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

Contractor Name: City of Calimesa
Contract No: 3CA06290
- 5 -
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Contractor Name: City of Calimesa
Contract No: 3CA06290
- 6 -

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including nonpayment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.

2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.

3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.

4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.

5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.

6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party.

Contractor Name: City of Calimesa
Contract No: 3CA06290
- 7 -

EXHIBIT E

ADDITIONAL PROVISIONS
Attachments
Budget Plan
Topographic Map
Operating Plan
Annual Report

City of Calimesa
3CA06290
Page #: 8
39015

AND THE CITY/TOWN OF A LOCAL AGENCY
Number of Acres 3212
General Fund Reimbursement $ 16.33 $ 52,451.96
Unit Budget $ 20.12 $ 64,625.44
Sub-Total $ 117,077.40
Admin Rate 12.01% $ 14,061.00
Total Protection Cost $ 131,138.40

LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #)
Contract Name:

Contract #:

Comments Section:

AGREEMENT COST CALCULATIONS:

THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)

WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE

STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Calimesa
FOR THE 2023/2024 FISCAL YEAR

MP 60-26
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BEAUMONT REDLANDS
Beaumont
Calimesa
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SRA

CALIMESA WPA
Incorporated Area µ
R Clark, RRU
Contract Number: 3CA06290 RRU Contract Acres: 3,212 Fiscal Year: 2023/2024 Pg.9 Wildland Protection Agreement
City of Calimesa
0 0.5 1 1.5 2
Miles
Disclaimer: This map and any data within shall be used
for reference only. The State of California and CAL FIRE make no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the
Department shall be liable under any circumstances for
any direct, special, incidental or consequential damages with respect to any claim by any user or third party on account of or arising from the use of data or maps.

Loma Linda University, County of Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, Esri, NASA, NGA, USGS, FEMA

1 ______________________________________________________________________________ ____
Wildland Operating Plan
Between
The City of Calimesa
and
CAL FIRE/Riverside Unit.

Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 10

OPERATING PLAN
Table of Contents
Page

1. Overview…………………………………………………………………… 02

2. Authority…………………………………………………………………… 02

3. Purpose……………………………………………………………………... 02

4. Definitions & Restrictions………………………………………………….. 02

5. Procedures………………………………………………………………….. 02

6. Administration……………………………………………………………… 04

7. Fire Prevention……………………………………………………………… 04

8. Approval…………………………………………………………………….. 07

APPENDIX
Preplanned Initial Attack Response – Riverside Ranger Unit……………… E-1 Preplanned Initial Attack Response – Calimesa Fire Department…….. E-1 Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 11

OPERATING PLAN

1. OVERVIEW
This Operating Plan, hereinafter referred to as PLAN, is between the California Department of Forestry & Fire Protection, Riverside Unit, hereinafter referred to as CAL FIRE and the City of Calimesa, Calimesa Fire Department, hereinafter referred to as CITY. It has been developed to specifically address the Agreement for Protection of Wildlands within a Local Agency, hereinafter referred to as AGREEMENT, between CAL FIRE and CITY for wildland fire protection within the city limits.

2. AUTHORITY
The PLAN is required of both CAL FIRE and CITY as part of the AGREEMENT dated July 1, 2023.

3. PURPOSE
This PLAN will provide the Unit Chief of CAL FIRE and the CITY a means for executing the AGREEMENT and is hereby attached as Exhibit E with appendices E-1 to that AGREEMENT.

4. DEFINITIONS AND RESTRICTIONS
See AGREEMENT for definitions and descriptions of general terms. This PLAN does not allow either agency to operate outside the limitations in the AGREEMENT.

5. PROCEDURES
A. Fire Reporting/Reports-When CITY receives a report of a wildfire within the area of the AGREEMENT, it shall promptly notify the Riverside Unit Emergency Command Center (ECC). Each agency will process their appropriate reports and make the information available, upon request of the other agency, in no more than 60 days.

B. Incident Management-The Incident Command System (ICS) will be used to manage wildfires within the area of the AGREEMENT. Unified Command will be implemented with a CAL FIRE representative and a CITY representative C. Fires within the area of the AGREEMENT-Each agency will maintain a preplanned initial attack response (PIAR) for fires within the area of the AGREEMENT. See Appendices E-1 and E-2. Immediate cooperation between agency dispatch centers will occur to ensure prompt response of appropriate resources into the area of the fire. CAL FIRE resources will be ordered according to the terms of the AGREEMENT through the ECC. Any augmentation of the preplanned response, with CAL FIRE resources, shall be authorized by a CAL FIRE Incident Commander or Agency Representative.

Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 12

Augmentation of the preplanned response may require a post incident audit. The audit will seek to demonstrate that adjacent CAL FIRE Direct Protection Areas (DPA’s) were threatened, or that the augmentation was justified on a cost efficiency basis. Local government and private resources will be ordered through the CITY dispatch center (DISPATCH) to ensure proper utilization of the Master Mutual Aid Agreement.

D. Mutual Aid-All initial attack resources will be considered mutual aid for the purpose of this AGREEMENT.

E. Initial Attack-Initial attack resources will always be based on the closest resources concept identified in the PIAR. See Appendices E-1.

F. Move-Up & Cover-Station coverage will be exchanged between both agencies when appropriate. To prevent long-term coverage problems to either agency, the covering agency’s engines will be replaced with the covered agency’s resources as soon as it is practical to do so.

G. Fire Information: Unified Command1. Both agencies will enter into a unified command structure to manage the incident by establishing a common set of incident objectives and strategies.

This will be accomplished without losing or abdicating agency authority, responsibility or accountability. A Unified Ordering Point will be identified and established.

2. Representatives of both agencies will meet as needed to discuss procedures governing and locations of potential Information Centers. Both agencies will strive to maintain a roster of certified Public Information Officers for use during emergencies.

3. The Unified Command will determine which agency will provide the Lead Information Officer. Normally, it will be the agency with the greatest commitment of resources on the incident.

H. Representatives of CAL FIRE and CITY, of the rank of Battalion Chief or higher, may order resources directly from the ECC or DISPATCH when an immediate need arises.

These resources may include engines, fire crews and bulldozers in accordance with the AGREEMENT. Resources sent in response to these requests will conform to the closet resources concept

6. ADMINISTRATION
The CAL FIRE Unit Chief and the CITY Fire Chief, or their designees, along with representatives from the CAL FIRE ECC and CITY DISPATCH will meet annually to discuss, review, and update the following items; procedures for reporting fires, procedures to dispatch resources to fires within the area of the AGREEMENT, procedures to dispatch resources to Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 13

fires along the boundaries of the area of the AGREEMENT, and exchange general or specific information which would might affect the other agency.

7. FIRE PREVENTION
.

A. POLICY
All fire prevention activities conducted on lands within the area of the AGREEMENT will be consistent with both agencies guidelines. CAL FIRE and CITY will be expected to conduct a year-round, aggressive fire prevention program using guidelines within the CAL FIRE Handbook 9000 and CITY Fire Prevention Guidelines. This will include, but is not limited to, annual analysis and planning sessions to generate an active fire prevention plan.

1. Public Information Program-This will include all types of fire prevention news releases through the available media. Other methods will include public meetings, fairs, rodeos, parades, services clubs and a regular schedule of school programs for all grades.

2. Protection/Planning Issues-Although the responsibility for enforcing fire safe ordinances pertaining to improvements in wildland areas within the city limits is the responsibility of CITY, a CAL FIRE representative will be available upon request to comment on these issues and assist in the enforcement of related ordinances.

3. Hazard Reduction Inspections
a. Home Inspection – CAL FIRE will work directly with CITY to enforce Public Resources Code (PRC) Sections 4291, 4446, 4442, 4123, or the Uniform Fire Code sections when applicable.
b. Power line Inspections – CAL FIRE will work directly with CITY inspecting power lines over 750 volts, using PRC 4292 and 4293 as a guide.

B. RESPONSIBILITY
CAL FIRE and CITY personnel will, in the performance of their duties, give full consideration to the prevention of fires and public education. Both agencies will allow staff to establish attainable fire prevention goals.

C. EXISTING AND PROJECTED DEMAND
Fire Prevention and suppression are the primary roles for both agencies. If the Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 14

demand for services increases in the future, both agencies will develop more intensive programs. Fire protection and prevention will be influenced by the following factors:

1. Increased recreational use.

2. Increased residential and commercial development.

3. Increased utilization of vacation residences.

4. Industrial activity.

D. OBJECTIVES
The primary objective of the fire prevention plan is the reduction of fire suppression expenditures and damages from human-caused fires. The secondary objective is a current and comprehensive public education program for fire safety awareness and code enforcement.

E. RECOMMENDED ACTIONS
Both agencies will actively pursue public awareness programs through the following:

1. Public Education
a. School programs, ages K-12
b. Roadside sign program
c. Timely newspaper articles concerning fire awareness
d. Attendance at various local events which lend themselves to fire prevention displays.

2. Code Enforcement
a. Active PRC 4291 home inspection program in target areas. b. Enforcement of the Fire Safe Ordinances as they apply to construction in watershed areas. CAL FIRE will take an advisory role with the CITY Fire Marshal within the areas of the AGREEMENT.

F. FUEL MODIFICATION
Both agencies will continue to encourage individual property owners and property owner associations to establish and maintain a healthy fuel complex through the Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 15

following:

1. Prescribed burning through available programs.

2. Forest practice inspections.

3. Fuel modification using mechanized systems, fire crews, and local resources.

4. Biomass programs to control stems per acre, and remove dead and down materials.

G. BURNING PERMITS
Burning permits will be required in the city limits consistent with those guidelines established in adjacent areas. This will provide consistency in the burn hours and any controls needed for the overall program.

1. Burning Permit Issuance
The CITY has the responsibility of issuing burn permits within the city limits and the area of the AGREEMENT. Both agencies will agree to and establish burn permit guidelines by April 1 of each year. The guidelines will follow those established by CAL FIRE to ensure consistency in the burn programs in both the CITY and areas adjacent to CAL FIRE.

2. Suspension of Permit Procedures
The suspension of burning permits in the area of the AGREEMENT will be directly related to the burning permit suspension procedures outside the area of the AGREEMENT to ensure area-wide consistency. Suspensions will be based on input from CAL FIRE and CITY.

H. MONITORING AND EVALUATION
Periodic monitoring and evaluation of the PLAN will provide the opportunity to make orderly and timely amendments and revisions of the PLAN. Monitoring will determine if the:

1. PLAN is being followed.

2. PLAN objectives are being met.

3. PLAN is achieving desired results.

Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 16

8. APPROVAL:

This PLAN is approved and authorized as Exhibit B Attachment 3 of the AGREEMENT between CAL FIRE and CITY:

FOR CITY:

City of Calimesa
Fire Department
Address: 908 Park Ave
Calimesa, CA 92320
FOR CAL FIRE:

California Department of Forestry
& Fire Protection
Riverside Unit
210 W. San Jacinto Ave
Perris, CA 92570
_________________________
Bill Weiser, Unit Chief
__________________________
Will Kolbow, City Manager
Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 17

STANDARD RESPONSE PLAN FOR VEGETATION FIRES
CALFIRE RRU AND CITY OF CALIMESA PAGE. E-1

CALFIRE WPA

VEGETATION

RESPONSE

BC E AA AT COP DOZ CREW WT
LOW 1 3
MED 2 4 1 2 1 2 2 1
HIGH 2 7 1 2 1 2 4 1

CITY OF CALIMESA

LOCAL VEGETATION

RESPONSE
LOW 1 1
MED 1 1
HIGH 1 1
Contract Name: City of Calimesa
Contract Number: 3CA06290
Page No: 18

RESOLUTION NO. 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, APPROVING AN AGREEMENT

BETWEEN THE CITY AND THE CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR

PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY
RESPONSIBILITY AREA FROM JULY 1, 2023, THROUGH JUNE
30, 2024, AND RELATED DOCUMENTS
WHEREAS, the City of Calimesa is a California municipal corporation located in the County of Riverside, State of California; and WHEREAS, the City of Calimesa recently formed its own Fire Department and has certain wildland areas containing approximately 3,212 acres of land within the City boundary that are designated as Local Responsibility Areas (LRA); and WHEREAS, the City desires to enter into an agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire protection within the LRA.

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

Section 1 The City Council of the City of Calimesa does hereby approve the following documents: (a) the Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for the protection of wildlands within the LRA for the period from July 1, 2023 Through June 30, 2024 (Agreement No. 3CA06290); (b) the Wildland Operating Plan between the City of Calimesa and CAL FIRE/Riverside Unit; and (c) the “Agreement Summary” for Agreement No. 3CA06290.

Section 2 The City Manager for City of Calimesa is hereby authorized to execute the Agreement and other documents specified in Section 1 of this Resolution on behalf of the City of Calimesa.

PASSED, APPROVED, and ADOPTED this 15th day of May 2023. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

Attachment 8B
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: CITY HALL RELEVELING PROJECT
MEETING DATE: May 15, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council:
1) Adopt Resolution No. 2023-23 making findings in support of a waiver of public bidding requirements in connection with the City Hall Releveling Project, and 2) Award a contract with IE General Engineering, Inc in the amount of $15,590.

BACKGROUND: The City Hall and Annex Buildings are in need of releveling. The uneven levels were made apparent to staff by buckling in the skirting around the buildings, roof drainage issues, and splitting carpets. As such, it is critical to get this project completed so as not to do further damage to these buildings.

In August 2022, staff had solicited quotes from multiple contractors who specialize in modular buildings. Only one company, Quality Mobile Home Services Inc responded. They required the City to pay an up-front fee of $495 for an initial assessment. Two months after the inspection, the City had still not received the assessment and required that Quality Mobile Home Services return the assessment payment.

Staff then asked the contractor for the City Hall Expansion Project, I.E. General Engineering, to investigate the buildings and provide a scope of work and quote. The quote they provided was $13,300. As this is over $5,000, the City is required to obtain formal bids.

On February 15, 2023, staff released a Notice Inviting Bids for the City Hall Releveling Project. This project would consist of the re-leveling of the City Hall and Annex Buildings by installing blocks and piers. Only one bid was received at the March 14, 2023 bid opening from Three Peaks Corp in the amount of $26,453. This is over the budget amount of $10,000 and higher than the quote received by I.E. General. Subsequently, Council approved the rejection of bids and directed staff to obtain informal quotes.

Staff contacted 4 companies to obtain quotes. One did not respond, and another responded that they were unable to take on the project at this time. The two quotes received were from I.E. General Engineering, Inc. and Three Peaks Corp in the amounts of $15,590 and $24,000 respectively.

There has already been a significant amount of staff time dedicated to this project with unsuccessful bid and quote solicitations. The City Council is authorized by state law and the City’s Municipal Code

to allow for the waiver of public bidding requirements when it is in the public’s best interest to do so.

Resolution No. 2023-XX will formally approve the waiver and authorize the funds to be expended for the work.

FISCAL IMPACT: The approved Fiscal Year 2022-23 Public Works Department budget has a sufficient balance of $15,590 available for use of this project.

ATTACHMENTS:

Attachment A: Resolution No. 2023-23
Attachment B: Contract
Attachment C: Quote

RESOLUTION NO. 2023-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA AUTHORIZING PERFORMANCE OF THE CITY HALL

RELEVELING PROJECT AFTER REJECTION OF BIDS
WHEREAS, the City Hall and Annex Modular Buildings are in need of releveling; and
WHEREAS, the unlevel buildings have caused skirting damage, roof drainage issues, and splitting carpeting; and
WHEREAS, a Notice Inviting Bids was released on February 15, 2023, for the City Hall Releveling Project (the Project); and
WHEREAS, a single bid was received in response to the Notice Inviting Bids that was substantially higher than the budgeted amount; and WHEREAS, the City Council, on March 20, 2023, rejected the bid received and directed staff to obtain informal quotes for the Project; and WHEREAS, the Calimesa Municipal Code (CMC) Section 3.15.120, states that, after rejecting bids, the city council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market, and may direct the city manager to have the project completed in the manner stated with no further compliance with CMC Section 3.15.120.

NOW, THEREFORE THE CITY COUNCIL HEREBY RESOLVES AND
ORDERS AS FOLLOWS:

SECTION 1. Pursuant to CMC Section 3.15.120, subdivision (E), the City Council hereby finds and confirms, based on the circumstances described in the above Recitals and in the staff report for this resolution, that:
a. The City Council declares that the Project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market.
b. On March 20, 2023, the City Council directed the city staff to have the project completed through the City’s informal bid process. c. City staff solicited quotes from four qualified companies and received two quotes, the lowest qualified bidder of which was I.E. General Engineering Inc., in the amount of $15,590.

Attachment 9A
2 d. The City Council approves the award of contract for the Project to I.E. General Engineering, Inc. in the amount of $15,590.

PASSED, APPROVED AND ADOPTED on the 15th day of May 2023. ____________________________

WILLIAM DAVIS, MAYOR
ATTEST:
______________________________________

DARLENE GERDES, CITY CLERK

CITY OF CALIMESA

CITY HALL RELEVELING
This Contract Agreement is made and entered into for the above-stated project this____ day of _________________________, 20_____, BY AND BETWEEN the CITY OF CALIMESA, as CITY and IE GENERAL ENGINEERING INC, as CONTRACTOR.

CONTRACTOR agrees to receive and accept the prices set forth in Exhibit “A” as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. CONTRACTOR shall notify CITY if site conditions require any price variance from the estimated dollar amount of $15,590 prior to starting additional work. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

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

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

CONTRACTOR shall possess all licenses required to perform the work.

CONTRACTOR shall submit a performance bond to the City for the full contract amount.

CONTRACTOR must possess a current City business license.

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

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

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

Attachment 9B
CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor.

Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth; and CONTRACTOR is free to dispose of all portions of its time and activities which it is not obligated to devote to CITY in such a manner and to such persons, firms, or corporations as CONTRACTOR wishes except as expressly provided in this contract. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY, bind CITY in any manner, or otherwise act on behalf of CITY as an agent. CONTRACTOR shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONTRACTOR agrees to pay all required taxes on amounts paid to CONTRACTOR under this contract, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this contract. CONTRACTOR shall fully comply with the workers’ compensation law regarding CONTRACTOR and its employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any compensation due to CONTRACTOR under this contract any amount due to CITY from CONTRACTOR as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this contract.

All exhibits attached hereto are incorporated herein by reference. This written contract (and all exhibits, documents and laws referenced therein) shall constitute the entire agreement between the parties as to the subject matter of this contract. In the event of any conflict between this contract and any exhibit hereto, the provisions of this contract shall control.

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

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I shall comply with such provisions before commencing the performance of the work of this contract.
_____________________________________
Contractor
By:___________________________________
Title:_________________________________
Date:_________________________________

By executing this document, the CONTRACTOR is offering to provide the services set forth in Exhibit “A” and upon written acceptance of the CONTRACTOR’S award by the City, it will have entered into a binding agreement.

CONTRACTOR
Signature: Date:

Print Name: Title:

Company Name:

Address:

City: State: Zip:

Email Address: Phone No:

CITY OF CALIMESA
William Davis, Mayor
ATTESTED BY:

Darlene Gerdes, City Clerk

EXHIBIT A

CITY HALL RELEVELING

SCOPE OF WORK AND APPROVED FEE SCHEDULE
City Hall modular building releveling per quote description in Exhibit C.

Location:
908 Park Ave, Calimesa, Ca 92320
Time for Completion:

All work shall be completed within 45 working days from Contract Execution.

Pricing:
$15,590

EXHIBIT B

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this contract carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this contract with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of services under this contract, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1 of this Exhibit.

3. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing services under this contract, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

B. Acceptability of Insurers. The insurance policies required under this Exhibit shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Exhibit.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Exhibit shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Exhibit shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Exhibit during the term of this contract. The commercial general and automobile liability policies required under this contract shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30

days’ prior written notice to City. If any insurance policy required under this Exhibit is canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Exhibit in full force and effect during the term of this contract, or in the event any of Contractor’s policies do not comply with the requirements under this Exhibit, City may either immediately terminate this contract or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of services under this contract, Contractor shall furnish City with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Exhibit. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City. Contractor shall provide proof to City that insurance policies expiring during the term of this contract have been renewed or replaced with other policies providing at least the same coverage.

Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under this contract.

K. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

L. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform services under this contract to maintain insurance coverage that meets all of the requirements of this Exhibit.

EXHIBIT C

CITY HALL RELEVELING
QUOTE

Office (951)616-3311
Cell (951)230-3735
Fax (951)602-7556
I E General Engineering Inc.
1440 Beaumont Ave., Ste A2-130
Beaumont, CA 92223

BID PROPOSAL
DIR #1000043058
License # 1015380
Class A , B, C-53
Job Location Calimesa City Hall
908 Park Ave
Calimesa, CA
Proposal # 22197
Bid Date 3/28/23
We hereby propose to furnish the materials and to perform the labor necessary for the completion of :

Item
#
Description QTY Unit Total
Level the two buildings at 908 Park Ave, Calimesa, including replacing and adding support piers as necessary.

Provide performance bond
Please note: This does not include seismic retrofits to or guarantee of buildings meeting seismic standards. It also does not include any additional repairs that are found to be needed due to the buildings being leveled.
1 $ 15,590.00
Exclusions
Bonds, Permits, SWPPP, Traffic Control Plan, CMS, Water Meter, base material and placement, Survey, Soils testing, Special inspections, Railings, Soil conditions, Import, Export, Material Price increases after bid
Total Cost
$15,590.00
All Work to be as specified and performed in accordance with plans and specifications submitted by owner and completed in a workmanlike manner. Any alteration or deviation from plans and specifications involving extra cost will be executed only upon written change orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Prices good for 30 days
Date Date
Signature Signature

Attachment 9C
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR

PROPERTY TAX MANAGEMENT AND INFORMATION SERVICES

WITH HDL COREN & CONE
MEETING DATE: May 15, 2023
PREPARED BY: William Kolbow, City Manager
Celeste Reid, Finance Director & Treasurer
RECOMMENDATION: That the City Council award a professional services agreement for property tax management and information services with HDL Coren & Cone starting on May 15, 2023 and extending the contract through June 30, 2024 with the option to extend by mutual agreement for future fiscal year periods.

BACKGROUND: The City of Calimesa has maintained a professional agreement with the HDL Sales Tax division providing services and analytics of sales tax revenues for several years. The City of Calimesa has experienced significant property growth and consequently, there is a need for property data analytics in relation to budgetary projections, economic development, and geographic region analysis.

DISCUSSION: The City of Calimesa has requested a proposal from HDL property tax division given the long-term professional relationship established through the HDL Sales Tax division services. The firm of HDL Coren & Cone, founded in 1992, has 14 professionals including, analysts, auditors and information system technology professionals to provide property tax management and information services to the City of Calimesa. Property tax services would include audit and recovery, identification and correction of errors, reports with historical and projected analytics, property tax transfers, a full database with identified geographic modeling, and property tax analysis specific to the Successor Agency.

The City staff respectfully recommends to the City Council the firm of HDL Coren & Cone to provide professional property tax management and information services. The estimated annual fee is projected to be $10,300 per fiscal year. In addition to the base fee, HDL will receive a contingent fee of 25% of net tax revenues recovered for the City through audits performed over the period allowable by state statute. Net tax revenues mean the taxes received by the City through audit efforts.

FISCAL IMPACT: The approved Fiscal Year 2022-23 budget has a sufficient balance of $2,575 for property tax and information services for Fiscal Year 2022-23. Future fiscal periods will reflect the estimated annual cost of property tax and information services as provided through the annual budget process.

ATTACHMENTS:

Attachment A: Professional Services Agreement for Property Tax Management and Information Services

1 PROFESSIONAL AGREEMENT
FOR

PROPERTY TAX MANAGEMENT AND INFORMATION SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 15th day of May, 2023, by and between the City of Calimesa, a municipal corporation organized under the laws of the State of California with its principal place of business at 908 Park Avenue, Calimesa, California 92320 ("City") and HdL Coren & Cone, a California corporation, with its principal place of business at 120 S. State College Blvd., Ste. 200, Brea, CA 92821 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of property tax management and information services, including professional auditing services, required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it has the experience, staff and capability to provide the type of property tax management and information services, including professional auditing services necessary to assist the City in the accomplishment of the program. Consultant represents that it is licensed in the State of California and is familiar with the general operation of City.

2.2 Project.

City desires to engage Consultant to render such services for the professional auditing services ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

Attachment 10A
2 3.1.2 Term. This Agreement shall commence on [May 15, 2023, and shall remain and continue in effect through June 20, 2024, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended by mutual agreement for future fiscal years.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor.

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

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

3 follows: Paula Cone, David Schey, Nichole Cone, Darren Hernandez, Joel Hermann,.

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

3.2.6 Consultant's Representative. Consultant hereby designates, Paula Cone or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

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

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

3.2.10 Insurance.

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

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

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

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

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section

3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude
"contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other
exclusions contrary to the Agreement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (b) The policy or policies of insurance required by Section

3.2.10.2 (b) Automobile Liability and (c) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.

6 (C) The policy or policies of insurance required by Section

3.2.10.2 (d) Workers' Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.

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

3.2.10.5 Waiver of Subrogation. Required insurance
coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties.

Policies shall contain or be endorsed to contain such provisions.

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

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

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to

7 the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed the amounts set forth in Exhibit “C” for each fiscal year, (“Total Compensation”) without written approval of the City Manager. Extra Work may be authorized, as described below in Section 3.3.4, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

8 3.3.2 Contingent Fee. Notwithstanding any provision of subsection (A) of Section VI (Fees) of Exhibit C, or any other provision of this Agreement or Exhibit to this Agreement to the contrary, contingent compensation at a percentage of the recovered amount of property taxes shall not be earned by Consultant for errors discovered initially by City or by other third parties even if later audited and confirmed by Consultant. In no event shall the contingent fee exceed $100,000 for any amount recovered in one fiscal year or $200,000 for any one or multiple reallocations and recovered amounts made in one fiscal year but resulting in a recovery over several past fiscal years. In addition, the contingency fee shall not be applied to the amount of any reallocation of taxes that will occur in future fiscal years.

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

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. The City Manager may approve Extra Work, provided the cost of the Extra Work, does not exceed ten percent (10%) of the initial year Total Compensation as set forth in Section 3.3.1 and Exhibit C for future years Total Compensation, for a total increase of $3,663 to $3,949 depending upon fiscal year as noted on Exhibit “C”. Any Extra Work in excess of this amount shall be approved by the City Council.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

9 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

3.5.1.3 Additional Services. City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those provided by Consultant.

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

Consultant:

HdL Coren & Cone
120 S. State College Blvd. Ste. 200
Brea, CA 92821
City:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Attn: Celeste Reid, Finance Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property.

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on

10 computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

11 3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all attorney's fees and all other costs incurred in connection with such action.

3.5.8 Indemnification.

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

3.5.8.2 Taxes. Consultant shall pay all required taxes
on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.

Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to Cityany reimbursement or indemnification arising under this subparagraph.

3.5.8.3 Subcontractors. Consultant shall obtain executed indemnity agreements with provisions identical to those in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold

12 harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relateto the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

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

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

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

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

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

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

3.5.14 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void,

13 and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

3.5.20 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Further, Consultant warrants that it has not promised or paid to any city employee or official, any rebates, kickbacks, or other unlawful considerations contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.21 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant,

14 employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

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

3.6 Subcontracting.

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

15 IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement for comprehensive cost allocation plan and user fee study on this ____ day of __________, 2023.

CITY OF CALIMESA HDL COREN & CONE
By: By:_____________________________
William Davis
Mayor Name:_Paula Cone
Title: President
Attest:

By:

Darlene Gerdes
City Clerk
Approved as to Form:

RICHARDS WATSON GERSHON
By:

Quinn Barrow
City Attorney

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: COUNCIL APPROVAL OF AN ALLOCATION OF FUNDS TO BE

USED FOR REVIEW AND UPDATE OF THE CALIMESA FIRE

DEPARTMENT POLICIES AND PROCEDURES AND APPROVAL

OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF CALIMESA AND AP TRITON, LLC
MEETING DATE: May 15, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council:
a. Approve a Professional Services Agreement for the review and update of the Calimesa Fire Department Policy Manual between the City of Calimesa and AP Triton, LLC. b. Adopt Resolution No. 2023-24 amending the FY 2022-23 Budget to include an additional appropriation to the City Clerk/Risk Management Account for the review and update of the Calimesa Fire Department Policy Manual.

DISCUSSION/BACKGROUND: In order to address increasing costs of fire services and to maintain the ongoing financial stability of the City, the City Council deemed it necessary to establish an in-house fire department, which commenced January 1, 2018. On January 16, 2018 the City established certain policies regarding procedures, conduct and other operational matters in conjunction with the formation of an in-house fire department. The policies were reviewed and were found to be in compliance with applicable existing City Codes and policies, as well as all applicable laws.

The Fire Chief and Human Resources Director find that the current Fire Department policies are in need of a thorough review and update to assure accuracy, as well as capturing new laws and regulations as necessary. However the costs of the project are not currently allocated in the 2022- 23 FY Budget and therefore Council approval of an allocation is necessary.

Staff has requested funds from the City’s CIRA Grant funding and Flexible Spending Account to pay for this project and CIRA has approved the funds for this project. CIRA requires that the City apply for the project, obtain approval and seek reimbursement once all expenditures have been paid by the City. Staff has received a quote for the project cost in the amount of $22,240.00. Council approval for this expenditure is necessary as the amount exceeds the City Manager’s spending authority of $10,000 and funds are not currently allocated in the 2022-23 FY Budget. Staff is respectfully requesting Council approval of a $22,240.00 expenditure.

FISCAL IMPACT: The FY 2022-23 General Fund Budget requires an amendment to include an appropriation of $22,240.00 to the City Clerk/Risk Management Account, as well as an increase of $22,240.00 in Miscellaneous Revenue (01-0000-4625) to recognize the reimbursement from CIRA.

ATTACHMENTS:

Attachment A: Resolution No. 2023-24
Attachment B: Professional Services Agreement between the City and Ap Triton, LLC Attachment C: Ap Triton Proposal

RESOLUTION 2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA CALIFORNIA, AMENDING THE FY 2022-23 BUDGET TO INCLUDE AN

ADJUSTMENT IN CITY CLERK/RISK MANAGEMENT IN THE

GENERAL FUND
WHEREAS, in order to address increasing costs of fire services and to maintain the ongoing financial stability of the City, on January 1, 2018 the City Council deemed it necessary and established an in-house fire department; and WHEREAS, on January 16, 2018 the City established certain policies regarding procedures, conduct and other operational matters in conjunction with the formation of an in-house fire department. The policies were reviewed and were found to be in compliance with applicable existing City Codes and policies, as well as all applicable laws; and WHEREAS, the Fire Chief and Human Resources Director find that the current Fire Department policies are in need of a thorough review and update to assure accuracy, as well as capturing new laws and regulations as necessary; and WHEREAS, the costs of the project are not currently allocated in the 2022-23 FY Budget and therefore Council approval of an allocation is necessary; and WHEREAS, the City is a member of the California Intergovernmental Risk Authority (CIRA); and
WHEREAS, CIRA will reimburse the City for the proposed expenditure through grant funding and its Flexible Spending Account.

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

The Fiscal Year 2022-23 General Fund Budget is hereby amended as follows:
• Increase appropriations in account 01-1330-7210 by $22,240 • Increase revenue in account 01-0000-4625 – Miscellaneous Revenue by $22,240
PASSED, APPROVED, and ADOPTED this 15th day of May 2023. _____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

Attachment 11A

AGREEMENT FOR SERVICES FOR THE REVIEW AND UPDATE OF THE

CALIMESA FIRE DEPARTMENT POLICY MANUAL BETWEEN THE CITY OF CALIMESA AND AP TRITON, LLC.

THIS AGREEMENT is made and effective as of June 1, 2023, by and between the City of Calimesa, a California municipal corporation (“City”) and AP Triton, LLC. (“Consultant”), a California corporation.

R E C I T A L S
A. The City requires the services of Consultant to provide a review and update of the Calimesa Fire Department Policy Manual.

B. Consultant represents it has a wide range of experience in the fire service, emergency medical services, special events and filming, fire prevention, and life-safety programs. AP Triton has conducted numerous studies involving, Master Plans, Community Risk Assessments/standards of Cover, Strategic Plans, Fire Department Consolidation Studies, EMS Systems Analyses, Staffing Studies, Agency Evaluations, Fire Station Location and Engineering Studies, as well as other unique Fire Service and EMS Studies.

C. AP Triton was founded on the need to provide innovative solutions to public safety departments and represents it is able to bring experience to enable long-term creative and sustainable solutions specialized to local issues.

D. Consultant’s clientele ranges from cities, counties and fire agencies across the United States.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM.

This Agreement shall commence on June 1, 2023 and shall remain in effect until September 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended, upon mutual agreement of the parties, on the same terms and conditions as set forth herein, if the City Manager and Consultant agree that additional time is needed to complete the review and update.

2. SERVICES.

Consultant shall perform the services and tasks described below:

A. Phase 1 - Policy Manual Review:

Attachment 11B

1. Review, evaluate and report on the status and currency of training records, standard operating procedures (SOPs and SOGs) and after action reports (AAR0 procedures and documentation.

2. Consultant will review compliance with fire service-related requirements (Cal/OSHA), such as, but not limited to injury illness prevention plans, exposure protection and records management and respiratory protection plans and documentation.

3. Consultant will review compliance with applicable National Fire Protection Association (NFPA) standards including, but not limited to NFPA 1500:

Standard on Fire Department Occupational Safety, Health and Wellness and NFPA 1582:

Standard on Comprehensive Occupational Medical Programs for Fire Departments.

4. After the comprehensive review, Consultant will provide recommendations for Calimesa Fire Department, including, but not limited to strategies for combining sections of the policy manual, transitioning to an electronic manual, alignment to County SOGs and industry best practices, sections to update, remove and/or edit and any other revisions as indicated.

B. Phase 2 – Policy Manual Update: Upon completion of Consultant’s policy review and Calimesa Fire Department’s acceptance of the recommendations, Consultant will provide a Policy Manual Update, including but not limited to, SOP and/or SOG updates, guidance related to implementation of Lexipol, guidance related to implementation and utilization of Vector Solutions (Target Solutions) and final electronic policy manual.

3. PERFORMANCE.

Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT.

The City shall pay Consultant an amount not to exceed $22,240.00 with 10% payment due upon signing of the agreement. Monthly invoicing thereafter as work progresses until 95% of the project has been completed. Final 5% due upon project completion. If the term of this Agreement is extended pursuant to Section 1 and additional services are required, , City shall pay Consultant at a rate of $190 per hour for the Project Manager and $150 per hour for such additional services..

5. DEFAULT OF CONSULTANT.

A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating

Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance of work hereunder arises out of causes beyond Consultant’s control, and without fault or negligence of Consultant, it shall not be considered a default.

B. If the City Manager or his delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve Consultant with written notice of the default. Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance, approval of which shall not be unreasonably withheld. In the event that Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

6. OWNERSHIP OF DOCUMENTS.

A. Consultant shall maintain adequate records of services provided in sufficient detail, including the time spent in providing the services to the City, to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records, shall give the City the right to examine and audit said books and records, shall permit the City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

7. INDEMNIFICATION.

A. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and

losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.

Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph B.

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

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

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

8. INSURANCE REQUIREMENTS.

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker’s Compensation insurance, if required by the State of California and Employer’s Liability Insurance. If Consultant has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for Consultant’s profession.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
3) Worker’s Compensation if required by the State of California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: Three million dollars ($3,000,000) per claim..

C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and designated volunteers; or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and designated volunteers are to be covered as insured’s as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or designated volunteers.
2) For any claims related to this project, Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and designated volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or designated volunteers shall be in excess of Consultant’s insurance and shall not contribute to it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or designated volunteers. 4) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) The Consultant’s insurance policies required by this Agreement shall contain 30-day notice provisions to Consultant for non-renewal and cancellation except for cancellation due to non-payment of premium in which a 10-day notice to Consultant shall apply. Consultant shall provide advance written notice to City for any change in insurance specified in this section which would not be provided directly to the City by the insurance carrier.

E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Self-insurance shall not be considered to comply with these insurance requirements.

F. Verification of Coverage. Consultant shall furnish the City with certificates of insurance effecting coverage required this Section. The certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf. Upon City’s request, Consultant shall provide completed certified copies of all required insurance policies, including endorsements affected coverage required by this Section.

9. INDEPENDENT CONTRACTOR.

A. Consultant is and shall at all times remain as to the City and City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither the City nor any of their officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability to, for, or against the City, or bind the City in any manner, without the prior approval of the City Council.

B. The City shall not pay salaries, wages, or other employee benefits, to Consultant or any of its employees. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES.

Consultant shall use the standard of care of its profession to keep itself informed of all applicable local, State and Federal ordinances, laws and regulations which in any manner may affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall observe and comply with all such ordinances, laws and regulations. Consultant and its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section.

If a conflict between such ordinances, laws and regulations arises, thereby causing Consultant to not comply with the terms of this section, Consultant will immediately advise City of the situation in writing at which time both parties shall work together to seek resolution and City will not interpret such conflict as a breach of this Agreement by Consultant.

11. RELEASE OF INFORMATION.

A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City’s prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for

admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

However, the City’s right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response.

12. NOTICES.

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

13. ASSIGNMENT.

Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant.

To City: City of Calimesa
Mailing Address:
908 Park Avenue
Calimesa, California 92320
Attention: City Manager
To Consultant:

AP Triton, LLC
Mailing Address:
1309 Coffeen Ave. Suite 3178
Sheridan,WY 82801
Attention: Kurt P. Henke, Principal/Managing Partner

14. LICENSES.

At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

15. GOVERNING LAW.

The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Calimesa. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court’s judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

16. PROHIBITED INTEREST.

No officer, or employee of the City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, Consultant, or Consultant’s subcontractors for this project, during his/her tenure or for one year thereafter. Consultant hereby warrants and represents to the City that no officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of Consultant or Consultant’s sub-contractors on this project.

Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

17. NON-DISCRIMINATION.

In the performance of the services required by this Agreement, Consultant agrees not to violate applicable laws regarding discrimination against any person or class of persons by reason of gender, marital status, race, color, creed, mental or physical disability, religion, age, ancestry, or national origin.

18. EXHIBITS.

Exhibit A constitutes a part of this Agreement and is incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of Exhibit A, or between a provision of this Agreement and any other provision of Consultant’s proposal or material submitted therewith, the provisions of this Agreement shall control.

19. ATTORNEYS’ FEES.

In any litigation or other proceeding by which a party seeks to enforce its rights under this agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this agreement, the prevailing party shall be entitled to recover

all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled.

20. AUTHORITY TO EXECUTE THIS AGREEMENT.

The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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

CITY OF CALIMESA

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK

CONSULTANT
AP Triton, LLC
NAME: KURT HENKE

PRINCIPAL/MANAGING PARTNER

EXHIBIT A

PROPOSAL FOR SERVICES

1309 Coffeen Avenue, Suite 3178 • Sheridan, WY 82801 • 833.251.5824 • www.aptriton.com May 6, 2023
Darlene Gerdes, Deputy City Manager
Tim O’Connell, Fire Chief
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
RE: Policy Manual Review & Update Proposal
Dear Ms. Gerdes and Chief O’Connell:

Please find enclosed our proposal to provide a Policy Manual Review & Update for the Calimesa Fire Department (CFD). The review will include virtual interviews with key management personnel, a detailed examination of records, and an evaluation of compliance with state and federal mandates. Policies and procedures of all department operations and divisions will be examined to determine compliance with state and federal regulations and adherence to industry best practices. Upon completion of the review, a written report with observations and/or recommendations will be provided to Calimesa Fire Department.

If awarded this project, we will assign Kurt Latipow, Vice President Emeritus, as the project manager. We appreciate your consideration of our proposal. If you have any questions at all, please do not hesitate to contact Mr. Latipow at [email protected] or (530) 306-1382, or me at [email protected] or (707) 266-4309.

We look forward to working with you on this important project.

Respectfully,
Kurt P. Henke
Principal/Managing Partner

Attachment 11C
Proposal for

POLICY MANUAL
Review & Update
City of Calimesa
Fire Department
May 2023

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 1 |

CONTENTS
Scope of Services................................................................................................2 Phase One—Policy Manual Review ................................................................................... 2 Phase Two—Policy Manual Update ................................................................................... 3 Estimated Project Timeline & Fee Proposal.......................................................4 About AP Triton ....................................................................................................5 Project team Qualifications................................................................................................. 7 Projects & Experience...................................................................................... 10 Client References ............................................................................................. 13 Client Testimonials.............................................................................................15 Triton Certificates of Insurance & Litigation ................................................... 16

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 2 |

SCOPE OF SERVICES
The following represents the scope of services prepared by AP Triton (Triton) based on our understanding of the requirements of your organization. The tasks have been developed specifically for this scope of services.

AP Triton (Triton) shall conduct a Policy Manual Review & Update for the Calimesa Fire Department (CFD). The review will include virtual interviews with key management personnel, a detailed examination of records, and an evaluation of compliance with state and federal mandates. Policies and procedures of all department operations and divisions will be examined to determine compliance with state and federal regulations and adherence to industry best practices. Upon completion of the review, a written report with observations and/or recommendations will be provided to Calimesa Fire Department.

PHASE ONE—POLICY MANUAL REVIEW
Task 1-A: Department Record Review
Review, evaluate, and report on the status and currency of the following:
• Training Records
• Standard Operating Procedures and Guidelines (SOPs and SOGs) • After Action Reports (AAR) procedures and documentation Task 1-B: Cal/OSHA Compliance
Triton will review compliance with fire service-related requirements (Cal/OSHA), such as, but not limited to:
• Injury Illness Prevention Plans
• Exposure protection and records management
• Respiratory Protection plans and documentation

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 3 |
Task 1-C: NFPA Compliance
Triton will review compliance with applicable NFPA standards including, but not limited to:
• NFPA 1500: Standard on Fire Department Occupational Safety, Health, and Wellness • NFPA 1582: Standard on Comprehensive Occupational Medical Programs for Fire Departments
Task 1-D: Policy Manual Recommendations
After the comprehensive review, Triton will provide recommendations for CFD, including but not limited to:
• Strategies for combining sections of the Policy Manual • Transitioning to an electronic manual
• Alignment to County SOGs and industry best practices
• Sections to update, remove, and/or edit
• Any other revisions as indicated
PHASE TWO—POLICY MANUAL UPDATE
Upon completion of Triton’s Policy Review and CFD’s acceptance of the recommendations, Triton will provide a Policy Manual Update, including but not limited to:
• SOP and/or SOG updates
• Guidance related to implementation of Lexipol
• Guidance related to implementation and utilization of Vector Solutions (Target Solutions) • Final electronic Policy Manual

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 4 |

ESTIMATED PROJECT TIMELINE
& FEE PROPOSAL
Project Completion Timeline
Triton offers the following project timeline, which is subject to change based on the mutual agreement of the Calimesa Fire Department and AP Triton. The timeline will not begin until Triton has been provided with all information and data necessary for the successful completion of the project. Triton will make every effort to complete the project in less time than anticipated.

Estimated Time to Complete the Scope of Services: 3 months Project Fee Proposal
AP Triton, LLC presents the following formal cost proposal for the services outlined in this proposal. The fee is inclusive of expenses and will not exceed:
$22,240
Payment Schedule & Invoicing
• 10% payment due upon signing of the contract
• Monthly invoicing thereafter as work progresses until 95% of project has been completed • Final 5% due upon project completion
• Additional hours will be billed at a rate of $190/hour for the Project Manager and $150/hour for consultants plus any additional travel expenses Cost Quotation Information
• The bid quotation is valid for 90 days
• Triton Federal Employer Identification Number: 47-2170685

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 5 |
ABOUT AP TRITON Contact Information
About AP Triton
Established in 2014, AP Triton has a wide range of experience in the fire service, emergency medical services, special events and filming, fire prevention, and life-safety programs. Our consultants have conducted numerous studies involving Master Plans, Community Risk Assessments/Standards of Cover, Strategic Plans, Fire Department Consolidation Studies, EMS Systems Analyses, Staffing Studies, Agency Evaluations, Fire Station Location, and Engineering Studies, as well as other unique Fire Service and EMS studies.

AP Triton was founded on the need to provide innovative solutions to public safety departments. For too many agencies, creative thinking is not part of the status quo. AP Triton is able to bring our experience to enable long-term, creative, and sustainable solutions specialized to your local issues. With decades of experience in public safety departments of all sizes, AP Triton is the best choice for the City of Calimesa Fire Department’s consulting needs.

Best Practices & National Standards
Based on the type of project and study requirements, Triton will refer to and utilize current industry best practices, along with relevant national standards promulgated by a wide variety of associations and organizations that develop consensus standards for the fire service, EMS, communications, and other related services. These may include the National Fire Protection Association (NFPA), Center for Public Safety Excellence (CPSE), Commission on Accreditation of Ambulance Services (CAAS), and other organizations.

Address: 1309 Coffeen Avenue
Suite 3178, Sheridan, WY 82801
Phone: 833.251.5824 (toll free)
E-Mail: [email protected]
Website: www.aptriton.com
The headquarters of AP Triton,
LLC is located in Sheridan,
Wyoming. Consultants and
other subject matter experts
(SME) are located throughout
the United States.

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 6 |
Conflict of Interest Statement
Triton has neither directly nor indirectly entered into any agreement, participated in any collusion or collusion activity, or otherwise taken any action which in any way restricts or restrains the competitive nature of this solicitation including, but not limited to, the prior discussion of terms, conditions, pricing, or other offer parameters required by this solicitation.

Triton is not presently suspended or otherwise prohibited by any government from participating in this solicitation or any other contract to follow thereafter. Neither Triton nor anyone associated with Triton has any potential conflict of interest because of or due to any other clients, contracts, or property interests in this solicitation or the resulting project. If a conflict of interest is identified in the provision of services, Triton will immediately notify the client in writing.

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 7 |

PROJECT TEAM QUALIFICATIONS
Kurt Latipow EFO
Project Manager/Vice President of Operations
Summary of Qualifications
Mr. Latipow has enjoyed 40 years in Public Safety with over 27 years of Public Administration in Fire Chief and Chief Officer positions. He has developed and implemented numerous comprehensive fire and emergency services related plans. Mr. Latipow has facilitated the adoption of those plans via a variety of governing bodies. Mr. Latipow offers extensive experience in developing and implementing emergency, strategic, master plans, and succession plans/management processes as well as developing and implementing Standards of Cover Analysis, Fees for Service Cost Recovery Programs, and ALS Program Development and Implementation for both transport and engine company-based organizations.

Work Experience
• City of Lompoc, CA—Fire Chief
• Washoe County, NV—County Fire Services Coordinator
• City of Ukiah, CA—Fire Chief
• State of California, Governor's Office of Emergency Services—Deputy Chief, Fire and Rescue Branch • Stanislaus Consolidated Fire Protection District, CA—Fire Chief/Chief Executive Officer • Hesperia Fire Protection District, CA—Fire Chief
• City of Arroyo Grande, CA—Fire Chief/Director of Building and Fire • City of Monterey Park Fire Department, CA—Battalion Chief/Fire Marshal Education
• National Fire Academy–Accredited Executive Fire Officer • California Fire Marshal Training and Education System Publications and Instructor Experience
• IAFC/Volunteer Combination Officers 2017 Symposium in the West—Building Leaders from Within • IAFC and League of California Cities 2016—"The Achilles Heel of Local Government" • California Fire Chiefs 2016—"The Why and How of Succession Planning and Implementation" • League of California Cities 2015—"Contracting for Fire Services; the Trials, Tribulations, Landmines and Political Challenges"
• League of California Cities 2014—"Leading Change in the New Reality" • California Fire Chiefs Association 2012—"Re-engineering Fire Service-Based Service Delivery" • IAFC/ICMA 2012—Success & Sustainability
Professional Affiliations
• California Fire Chiefs Association
• League of California Cities Fire Department—Past President • League of California Cities Public Safety Policy—Past Committee Chair • International Association of Fire Chiefs—Life Member

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 8 |
Brian Helmick MS, BS
Senior Associate
Summary of Qualifications
Brian Helmick is a Deputy Fire Chief and executive management leader with more than 27 years of experience in fire protection and emergency response.

Now serving one of California’s most densely populated regions with the Contra Costa County Fire Protection District (CCCFPD), his prior roles include Fire Chief, Battalion Chief, Operations Chief, Agency Representative, Training & Safety Chief, Volunteer Reserve Program Chief, Prevention Chief, Deputy Fire Marshal, and Firefighter Engineer and Captain for the East Contra Costa Fire Protection District (ECCFPD).

With a passion for teaching/training and an entrepreneurial spirit, Brian founded two training/mentoring and certification organizations to support a pipeline of professional development for future firefighter recruits. He also developed the county’s first CISM (critical incident stress management) Peer Support Champlain Program and established a countywide model that was adopted and implemented nationwide. And, he is a committed volunteer with numerous local and statewide service agencies. He is a Brentwood Rotarian, a Fire Department Chaplain with the California Fire Chaplains, Past-President of the Contra Costa County Public Safety Support Services, four-year Zone 3 Director for the Fire District Association of California, and Director of Fire & EMS for the 10-33 Foundation out of Vacaville providing peer support to members and families of first responders and the military.

Deputy Chief Helmick holds a Master’s in Organizational Leadership and numerous certifications in operations, incident command, instruction, counseling and crisis intervention, and special district leadership. In all his endeavors, he brings effective strategic planning with creative problem solving, innovative initiatives, efficient operations management, and sound fiscal oversight to improve organizational performance and exceed community public safety goals with responsible allocation of public resources. He excels in complex project management and consensus building to balance competing priorities of multiple stakeholders, and he is a clear communicator with solid experience in inter-agency coordination, community engagement, and media relations. Proactive in program development to standardize best practices and support sustainable coordination and management of emergency services, Brian is also a compelling presenter and inspiration to future firefighters everywhere. Recognized with numerous leadership awards and commendations, he is dedicated to public service and representing the District with the highest degree of integrity and professionalism.

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 9 |
Melissa Vazquez Swank MA, BA
Senior Associate
Summary of Qualifications
Melissa Vazquez Swank possesses over 10 years of experience in project management and administration. She is an expert in administrative functions of project-related assignments, including overall planning, tracking, and documentation of numerous projects from the project proposal (RFP) phase to project closeout.

She plays a crucial role in business by ensuring that all products meet professional thresholds. Melissa works to improve the project’s efficiency by reducing time or product waste. Melissa’s professional experience, keen eye for detail, and training qualify her to provide the highest level of project management and support. She has a passion for accuracy and Director of Project Operations fact-checking that permeates all aspects of her professional tasks.

Experience: 10+ years
Professional Development & Education
• Portland State University MA, Public History/Native American History, 2010–2013 • Portland State University BA, History, 2007–2009
Professional Experience
• Director of Project Operations at AP Triton, November 2022–Present • Professional Services Manager at AP Triton, September 2021–October 2022 • Owner of 3:17 Associates, Principal Consultant, 2021–Present • Quality Assurance & Recruitment Specialist at Emergency Services Consulting International (ESCI), January 2020–August 2021
• Recruitment Specialist at ESCI, July 2017–January 2020 • Technical Proofer and Quality Assurance Specialist at ESCI, March 2015–January 2020 • Adjunct Research Assistant at Portland State University, December 2015–2018 • Freelance Virtual Assistant, December 2014–Present
• Project Administrator at ESCI, September 2013–June 2014 Executive Recruitment Experience
• Anoka, MN—Fire Chief
• Astoria, OR—Fire Chief
• Charleston, SC—Fire Chief
• City of Pasco, WA—Deputy Fire Chief
• Georgetown, CA—Fire Chief
• La Grande FD, OR—Fire Chief
• Lyons, CO—Fire Chief
• Pierce County, WA—Fire District Secretary
• Skagit County, WA—EMS Director
• South Whidbey Island, WA—Fire Chief
• Spokane Fire District #10, WA—Fire Chief
• West Linn, OR—Police Chief
• Yreka, CA—Fire Chief
Other Project Experience
• Alameda City FD, CA—CRA-SOC
• Central FD (Santa Cruz County, CA)—Master
Plan & Strategic Plan
• Central Pierce FR, WA—Strategic Plan
• McMinnville PD, OR—Strategic Plan
• Napa County FD, CA—Master Plan
• Orange County FR, FL—Strategic Plan
• Pasco FD, WA—Master Plan & Strategic Plan
• Redmond FD, OR—Master & Strategic Plan
• Sandy-Clackamas FDs, OR—Cooperative Efforts
Feasibility Study
• Santa Barbara FD—CRA-SOC
• Santa Clara LAFCO, CA—MSR-SOI Update

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 10 |

PROJECTS & EXPERIENCE
The following is a partial list of Triton’s current and former clients. An expanded list can be provided upon request.
• Aberdeen Fire Department (WA) • Golden Fire Department (CO) • City of Alameda Fire Department (CA) • Grand River Regional Ambulance (MO) • Alameda County FPD (CA) • Gray’s Harbor Fire District #5 (WA) • Alameda County Fire Chiefs Association (CA) • Hawaii Fire Chiefs Association (HI) • Alaska Fire Chiefs Association (AK) • Hermosa Beach Fire Department (CA) • Albany Fire Department (OR) • Huntington Beach Fire Department (CA) • Anaheim Fire and Rescue (CA) • Idaho Fire Chiefs Association (ID) • Berkeley Fire Department (CA) • Kennewick Fire & Ambulance (WA) • Bethel Fire Department (AK) • Kern County Fire Department (CA) • Blaine County (ID) • Lake Ozark FPD (MO)
• Brattleboro Fire Department (VT) • La Verne Fire Department (CA) • Brea Fire Department (CA) • Lincoln Fire & Rescue (NE) • Brigham City Fire Department (UT) • City of Long Beach (CA) • Fremont Fire Department (CA) • Milwaukee Fire Department (WI) • California Fire Chiefs Association (CA) • City of Napa Fire Department (CA) • California Metro Chiefs Association (CA) • City of Pflugerville (TX) • Carlsbad Fire Department (CA) • Placer LAFCO (CA)
• Carroll County Ambulance District (MO) • San Bernardino County JPA (CA) • Carson City Fire Department (NV) • City of San Diego Fire Department (CA) • Central Jackson County FPD (MO) • Santa Barbara County Fire Chiefs Association (CA) • Central Fire District of Santa Cruz County (CA) • Santa Clara LAFCO (CA) • Central Kitsap Fire & Rescue (WA) • Santa Cruz County Fire Department (CA) • Central Pierce Fire Protection (WA) • Santa Cruz LAFCO (CA) • Chariton County Ambulance District (MO) • Seattle Fire Department (WA) • Chico Fire Department (CA) • Solano County Fire Chiefs Association (CA) • Chula Vista Fire Department (CA) • Sonoma County Fire District (CA) • City of Costa Mesa Fire Department (CA) • Sonoma Valley Fire Department (CA) • Coalinga Fire Department (CA) • Stockton Fire Department (CA) • Contra Costa County FPD (CA) • Sunnyside Fire Department (WA) • Cowlitz 2 Fire & Rescue (WA) • Tacoma Fire Department (WA) • DeKalb County Fire Rescue (GA) • Tualatin Valley Fire & Rescue (OR) • City of Downey Fire Department (CA) • Ukiah Valley Fire Authority (CA) • Dixon Fire Department (CA) • Umatilla Fire Department (OR) • Douglas Okanogan County FD 15 (WA) • Utah Fire Chiefs Association (UT) • El Dorado Hills Fire Department (CA) • Vacaville Fire Department (CA) • Fort Myers Fire Department (FL) • Valley Center Fire Protection District (CA) • Eureka Fire Protection District (MO) • Ventura County Fire Department (CA) • Fairfield Fire Department (CA) • Washington Fire Chiefs Association (WA) • Fort Myers Fire Department (FL) • Watsonville Fire Department (CA) • City of Fresno Fire Department (CA) • Webster Fire Department (TX) • Fullerton Fire Department (CA) • Whitefish Fire Department (MT) • Gig Harbor/Pierce FD #5 (WA) • Williston Fire Department (VT)

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 11 |
Project Types
The following is a partial list of projects AP Triton has completed. Our team has participated in dozens of studies throughout the United States.

Project Description Organization
• Ambulance Services Optimization Study: Alameda County Fire Chiefs Association (CA) • Ambulance Services Optimization Study: Santa Barbara County Fire Department (CA) • Ambulance Services Study: Modesto FD/Stanislaus County OES (CA) • Ambulance Services RFP: Sonoma County Fire District (CA) • Annexation Study (three districts): Contra Costa County FPD (CA) • BLS Ambulance System Valuation: Seattle Fire Department (WA) • Community Risk Assessment/SOC: Coalinga Fire Department (CA) • Community Risk Assessment/SOC: Davidson Fire Department (NC) • Community Risk Assessment/SOC: La Verne Fire Department (CA) • Community Risk Assessment/SOC: Medford Fire Department (OR) • Community Risk Assessment/SOC: San Ramon Valley Fire Protection District (CA) • Community Risk Assessment/SOC: Santa Barbara (City) Fire Department (CA) • Community Risk/Service Delivery Analysis: Santee Fire Department (CA • Consolidation Feasibility Study: Elk Creek Fire Protection District (CO) • Cooperative Services Study: Clifton FPD/Grand Junction FD (CO) • Countywide Fire Service Review: Santa Clara LAFCO (CA) • Emergency Operations Plan: Carolina Panthers, Bank of America Stadium • EMS Feasibility & Optimization Study: Webster Fire Department (TX) • EMS Feasibility Study: Brattleboro Fire Department (VT) • EMS Optimization Study: Burbank Fire Department (CA)
• EMS Optimization Study & Transition Plan: Carson City Fire Department (NV) • EMS Strategic Assessment & Analysis: City of Ontario/San Bernardino County (CA) • EMS Sub-Contractor RFP Response: CONFIRE JPA (CA)
• EMS Sub-Contractor RFP Response: Santa Barbara County Fire Department (CA) • EMS Optimization and Feasibility Study: San Diego Fire Department (CA) • EMS System Evaluation: Truckee Meadows Fire Protection District (NV) • Financial Analysis: Long Beach Fire Department (CA)
• EMS System Valuation: San Luis Obispo Fire Chiefs Association (CA) • EMS Transportation & Optimization Study: Alameda County Fire Chiefs Association (CA) • EMS Transportation & Optimization Study: Solano County Fire Chiefs Association (CA)

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 12 |
Project Description Organization
• Facilities Master Plan: Redmond Fire Department (OR)
• Fire Department Cooperative Services Study: Golden/Fairmount/Pleasant View FDs (CO) • Fire District Consolidation Study: Clackamas Fire District 1 (OR) • Fire Services Analysis: Williston Fire Department (VT) • Fire Services Special Study: Santa Cruz LAFCO (CA)
• Fire Station Location Study: Portland Fire Department (TX) • Fire Station & CRA/SOC Study: Montecito FPD (CA)
• Fire/EMS Assessment: Pflugerville Fire Department (TX) • First Responder Fee Study: Merced Fire Department (CA) • First Responder Fee Study: Napa Fire Department (CA)
• First Responder Fee Study: Truckee Meadows Fire Protection District (NV) • Long-Range Fire Department Master Plan: Templeton Fire & Emergency Services (CA) • Long-Range Master Plan: Fairfield Fire Department (CA) • Management Audit: Menlo Park Fire Protection District (CA) • Master Plan: American Canyon Fire Protection District (CA) • Master Plan: Orting Valley Fire-Rescue (WA)
• Master Plan: Whitefish Fire Department (MT)
• Master Plan & Community Risk Assessment: Brigham City Fire Department (UT) • Master Plan & CRA-SOC: Central Fire District of Santa Cruz County (CA) • Master Plan & Strategic Plan: Redmond Fire & Rescue (OR) • Organizational & Operational Analysis: City of Napa Fire Department (CA) • Municipal Service Review & SOI Study: Placer LAFCO (CA) • Municipal Service Review & SOI Study: Nevada LAFCO (CA) • Optimization Study: Alameda County Fire Chiefs Association (CA) • Organizational Analysis: Grand Junction Fire Department (CO) • Prevention Fee Study: Suisun City Fire Department (CA) • Regional Ambulance Study: Eastern Placer County JPA (CA) • Staffing Study & Operational Analysis: Derby Fire Department (KS) • Strategic Plan: Aspen Fire Department (CO)
• Strategic Plan: Blaine County Ambulance Service District (ID) • Strategic Plan: Davidson Fire Department (NC)
• Strategic Plan: Central Fire District of Santa Cruz County (CA) • Valuation Study: Pflugerville Fire Department (TX)

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 13 |

CLIENT REFERENCES
The following are several references and projects out of the hundreds of projects and studies previously completed by Triton. Additional references can be provided.

Menlo Park Fire Protection District (California)
Project Title & Description: Management Audit
Menlo Park Fire Protection District contracted AP Triton to conduct a Management Audit of its support operations, including the District’s daily administrative and logistical functions that support the delivery of services by the operations divisions of the District. Triton conducted a complete review of the Fire District’s current and past management practices with succinct recommendations concerning deficiencies and improvements.

Our analysis focuses on the efficiency, effectiveness, and management of the District’s support operations and administration, and offers a process for ongoing audits and evaluation to determine progress and ensure that the District remains on task to accomplish its management goals.

Contact Name/Title: Mark Lorenzen, Fire Chief Year: 2022 Client Phone: 805.469.3170 Client E-Mail: [email protected] Project Manager: Michelle Fitzer Status: In progress
Williston Fire Department (Vermont)
Project Title & Description: Staffing & Fire Service Analysis Triton conducted a comprehensive analysis of the Williston Fire Department with an emphasis on the current and future staffing needs of the community and the department.

The study involved identifying risks and vulnerabilities within the Town’s current staffing structure and identifying staffing models that align with current and future needs. The study included current necessary and forecasted costs.

Client Contact: Aaron Colette Year: 2021
Client Phone: 802.878.5622 Client E-Mail: [email protected] Project Manager: Kurt Latipow Status: Completed

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 14 |
Central Fire District of Santa Cruz County (California) Project Title & Description: Long-Range Master Plan & Customer-Centered Strategic Plan AP Triton was retained to research, write, and produce a Long-Range Master Plan including a Community Risk Assessment and Standards of Cover consistent with Center for Public Safety Excellence’s guidelines. The development of the Long-Range Master Plan was followed by a Customer-Centered Strategic Plan for the District.

Client Contact: Jason Nee, Fire Chief Year: 2022
Client Phone: 831.479.6842 Client E-Mail: [email protected] Project Manager: Kurt Latipow/Kent Greene Status: Completed Brigham City Fire Department (Utah)
Project Title & Description: Master Plan with Community Risk Assessment The Brigham City Fire Department retained Triton to conduct a long-range master plan in addition to a CRA/SOC. The final report included a substantial number of recommendations developed to include improvements to emergency operations as well as administrative function. Significant recommendations were in the areas of deployment methods, operational and administrative staffing, future fire stations, and much more.

Client Contact: Brandon Thueson, Fire Chief Year: 2022
Client Phone: 435.226.1405 Client E-Mail: [email protected] Project Manager: John Stouffer Status: Completed
City of Santa Barbara (California)
Project Title & Description: Community Risk Assessment/Standards of Cover The City of Santa Barbara Fire Department (SBFD) engaged AP Triton to provide a Community Risk Assessment (CRA) and Standards of Cover (SOC) Deployment Analysis. The CRA-SOC will include an analysis and recommendations for future improvements of services to the Santa Barbara community and will review automatic aid services and identify benefits from partner agency responses. The evaluation will analyze data based on SBFD’s adopted metrics and nationally recognized guidelines and criteria.

Client Contact: Chris Mailes, Fire Chief Year: 2022
Client Phone: 805.564.4707 Client E-Mail: [email protected] Project Manager: Kurt Latipow Status: Completed

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 15 |

CLIENT TESTIMONIALS
• Exceptional product and process! Very pleased with the experience with AP Triton. The Project Manager and Project Team were extremely knowledgeable, professional, and exceptional to work with. I would like to bring them back for more projects in the future. —Blaine County, Idaho
• It was a pleasure working with your staff. [Our Project Manager] did a fantastic job, and the others on the team were very good to work with. All were knowledgeable and experienced in their fields. The well-rounded team ensured a complete and accurate report. We hope to work with your team again in the future.
—Brigham City Fire Department, Utah
• The AP Triton team provided well-researched information that I believe will help my Commission make informed decisions. My Commission was pleased with the outcome of the financial analysis and recently contracted AP Triton for a much more comprehensive study.
—Placer County LAFCO, California

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 16 |

TRITON CERTIFICATES OF INSURANCE & LITIGATION
AP Triton, LLC maintains liability insurance as shown in the following pages. Triton has no past and/or pending litigation or unresolved lawsuits. Since AP Triton utilizes an entirely independent pool of contractors, we are exempt from carrying Workers’ Compensation insurance. Each of our contractors carries their own liability insurance.

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 17 |

POLICY MANUAL REVIEW & UPDATE | CITY OF CALIMESA FIRE DEPARTMENT 18 |

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
2022 HOUSING ELEMENT PROGRESS REPORT
MEETING DATE: May 15, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council receive and file the attached General Plan Annual Progress Report and Housing Element Annual Progress Report.

BACKGROUND/DISCUSSION: California Government Code, Chapter 7 (Administration of General Plan) Section 65400 (implementation of plan; annual report) (Attachment C) requires that Cities and Counties provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes the following:
(A) The status of the general plan and progress in its implementation. (B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.

A summary of the building permits issued by affordability is provided below in Attachment A.

Please note – this item reports the building permits issued by the City in Calendar Year (CY) 2022. This item does not change or modify the adopted General Plan or Housing Element.

ENVIRONMENTAL IMPACT: The submittal of General Plan Annual Reports is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3).

ATTACHMENTS:

Attachment A: Summary Table – Building Permits Issued by Affordability in CY 2022 Attachment B: 2022 General Plan Annual Progress Report
Attachment C: 2022 Housing Element Annual Progress Report Attachment D: California Government Code Section 65400

Summary Table – Building Permits Issued by Affordability in CY 2022 Jurisdiction Calimesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
13 16
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 180 13 47
2 to 4 0 0 0
5+ 0 0 0
ADU 0 3 3
MH 0 0 0
Total 180 16 50
6 6
6 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary

Attachment 12A

CITY OF CALIMESA

GENERAL PLAN ANNUAL

PROGRESS REPORT
January 2022 – December 2022
City of Calimesa
908 Park Avenue
Calimesa, California 92320
Phone: (909) 795-9801
Fax: (909) 795-4399
Website: http://www.cityofcalimesa.net

Attachment 12B
City of Calimesa
General Plan Annual Report

TABLE OF CONTENTS
Page
I. INTRODUCTION........................................................................................1 II. MEASURES ASSOCIATED WITH IMPLEMENTATION ...........................2 III. HOUSING ELEMENT REPORTING REQUIREMENTS ............................5 Governmental Constraints..........................................................................5 Housing Constructed in Year 2022 ............................................................5 Policy and Program Implementation ..........................................................8 IV. COMPLIANCE WITH OPR GUIDELINES .................................................8 V. DATE OF LAST GENERAL PLAN UPDATE ............................................8 VI. PRIORITIES FOR LAND USE DECISIONS ..............................................9 VII. PLAN PROPOSALS THAT NEED TO BE UPDATED ..............................9 VIII. RECENT GENERAL PLAN CHANGES ....................................................9 IX. YEAR 2022 PLANNING ACTIVITIES UNDERTAKEN..............................9 Planning Activities Initiated.........................................................................9 General Plan Amendments ......................................................................10 Major Development Applications Processed............................................10 Ordinance Amendments ..........................................................................10 TABLES
Table A2 of Housing Units Constructed .....................................................7

ATTACHMENTS
Appendix A - Housing Programs Progress Report.... ................................. A-1

2022 GENERAL PLAN ANNUAL PROGRESS REPORT
I. INTRODUCTION
Government Code Section 65400 mandates the preparation of an annual report for submittal to the Calimesa City Council, the Governor's Office of Planning and Research, and the Department of Housing and Community Development on both the status of the General Plan and the progress in implementing its various policies and programs. Although this is only one of the few annual reports prepared by the City, a number of actions have been undertaken with this report from January 1, 2022 to December 31, 2022. State law requires that this report be presented to the local and state agencies prior to April 1, 2023.

City of Calimesa
General Plan Annual Report
II. MEASURES ASSOCIATED WITH IMPLEMENTATION
During the 2022 calendar year, the City of Calimesa adopted a number of actions related to General Plan policies and programs. These items are listed below.

City of Calimesa
General Plan Annual Report
General Plan Goals, Policies, and
Implementation Measures
Actions Undertaken
Ordinance No. 382 – Adopting the
Summerwind Ranch at Oak Valley
Specific Plan (SP Area 1, Amendment
3), modifying land use acreages, land
use locations, paseo alignments,
revising certain landscape setbacks,
and providing administrative
procedures for approval of minor
signage and open space amenities, in
support of GOAL LU-2, GOAL LU-3,
GOAL LU-4, POLICY LU-15, POLICY
LU-16, POLICY LU-18, POLICY LU-23,
GOAL TM-2, GOAL TM-3, and others.

Community benefits include
dedication of a three-acre site to the
City of Calimesa for the
development of a fire station for the
protection of the health and safety of
City residents, visitors, and
businesses, contribution of $450,000
toward fire apparatus in addition to
the Project’s development impact
fee obligation, dedication of land for
a future City Hall site, and
construction of improvements to the
Interstate 10/Singleton Road
overpass including an east-bound off
ramp and west-bound on-ramp.

CC Resolution No. 2022-20 (MSHCP
Fee update) – In support of GOAL RM1, GOAL RM-2, GOAL RM-3, GOAL RM-4, POLICY RM-12, and POLICY
RM-15.

The City updated its local
development mitigation fee for
funding and preservation of natural
ecosystems in accordance with the
Western Riverside County Multiple
Species Habitat Conservation Plan
(“MSHCP”). The ongoing success of
the MSHCP program supports the
City’s local and regional
conservation goals.

Ordinance No. 383 – An ordinance
regarding use of streets for storage of
vehicles in the public rights of way, in
support of GOAL TM-1, GOAL TM-4,
and POLICY TM-4.

The City adopted an ordinance
regarding the use of streets for
storage of vehicles in public rights of
way to ensure the safe and efficient
movement of people and goods
throughout the City and to maintain
the quality of City streets to promote
access and mobility.

City of Calimesa
General Plan Annual Report
CC Resolution No. 2022-22 (New City
Logo) – In support of GOAL LU-1.

The City Council approved a new
City logo to preserve and enhance
the small-town atmosphere of
Calimesa through the logo’s unique
design characteristics.

CC Resolution No. 2022-03 (Minor
expansion of City Hall) – In support of
POLICY LU-18, GOAL IPS-6, GOAL
IPS-8, POLICY IPS-6, and POLICY
SUS-3.

The City implemented a minor
expansion of the existing City Hall
facilities located at 908 Park Avenue
to plan for the adequate size of
public facilities, to locate
development close to existing public
facilities, to utilize the existing impact
fee program to meet the needs of
the City, and to promote compact
development patterns.

CC Resolution No. 2022-15 (Approving
an agreement between the City and Cal
Fire for Wildland Protection) – In
support of GOAL IPS-5, GOAL IPS-7,
ACTION ITEM-IPS-6.1, ACTION ITEM
IPS-6.2, POLICY IPS-11, POLICY IPS12, GOAL SAF-1, and POLICY SAF-8.

In 2018, the City formed its own Fire
Department, which has
approximately 3,212 acres of land
that are designated as Local
Responsibility Areas (LRA).

Approval of this agreement supports
the Fire Department’s overarching
goal to provide adequate fire
suppression services within the City
boundary.

CC Resolution No. 2022-19 (Adopting
an Initial Study/Negative Declaration for
the County Line Road/Calimesa
Boulevard intersection improvement
project) – In support of GOAL TM-1,
POLICY TM-3, POLICY TM-4, POLICY
TM-5, POLICY TM-6, POLICY TM-7,
GOAL IPS-7, and GOAL IPS-8.

The City certified the environmental
document for the subject project,
which includes the roadway
roundabout at the intersection of
County Line Road/Calimesa
Boulevard in both the Cities of
Calimesa and Yucaipa. The intent of
the project is to alleviate traffic
congestion, support the efficient
transportation of goods, and
facilitate the safe movement of
residents through the City.

City of Calimesa
General Plan Annual Report
III. HOUSING ELEMENT REPORTING REQUIREMENTS
Government Constraints
The California Department of Housing and Community Development (HCD) has prepared draft procedures identifying the annual reporting information that jurisdictions are to provide the State. Part of this information includes the listing of efforts to remove governmental constraints to the maintenance, improvement, and development of housing. In response to this, the following governmental constraints are listed in the City of Calimesa Housing Element, adopted August 2014:
• Permits and Procedures: The Housing Element of the General Plan states that City permits and procedures generally do not constrain housing development, and the City completed Zoning Code updated in December 2013 to bring Calimesa into compliance with state law relating to reasonable accommodations for persons with disabilities, emergency shelters, and transitional and supportive housing.

During the last year, the City has undertaken the following measures:
✓ The City closely monitors state law to ensure that local permits/procedures are compliant with State housing law. In addition, the City continued processing the Residential Infill Priority Area Overlay zone to reduce the permitting processes related to the construction of single family attached and multifamily developments. Finally, the City continues to pursue the establishment of an affordable housing in-lieu fee to expand the compliance measures available in Calimesa to aid in the production of affordable housing.

IV. Housing Constructed in Year 2022
A total of sixteen (16) residential building permits were issued during the 2022 calendar year. Thirteen (13) of those permits were for single-family detached homes within the Summerwind Specific Plan. All thirteen (13) CC Resolution No. 2022-39 (Purchase
of an aerial ladder truck, “quint,” for the
City of Calimesa Fire Department) – in
support of GOAL IPS-5, GOAL IPS-7,
ACTION ITEM-IPS-6.1, ACTION ITEM
IPS-6.2, POLICY IPS-11, POLICY IPS12, GOAL SAF-1, and POLICY SAF-8.

The City waived the formal bidding
requirements for the purchase of an
aerial ladder truck for various
reasons described in the Staff
Report and subject resolution for the
purpose of providing adequate fire
suppression services for the City.

City of Calimesa
General Plan Annual Report
single family detached home permits were issued to Richmond American Homes (TR 32702-4). These residential units are expected to serve above-moderate income households.

Three building permits were issued to three separate homeowners for construction of accessory dwelling units. These units are expected to serve moderate income households. All sixteen (16) units are described in Table A2, which is specifically referenced within the draft HCD reporting requirements. No direct governmental funding or unique procedures (such as income related deed restrictions) were employed in the processing or issuance of these permits and, as such, are considered market rate dwellings.

City of Calimesa
General Plan Annual Report
Table A2
Annual Building Permit Activity Report Summary for All Income Levels
Single
Family
Accessory
Dwelling
Units
Junior
Accessory
Dwelling
Units
2-4
Units
5+
Units Mobile
Homes Total
No. of Units Permitted for
Very Low - -
-
- - - 0
No. of Units Permitted for Low - -
-
- - - 0
No. of Units Permitted for
Moderate
- 3
-
- - - 3
No. of Units Permitted
For Above Moderate 13- - - - -
13 Grand Total 13 3 0 0 0 0 16
Tracking the number and types of housing constructed is necessary to ensure the City achieves the goals stipulated in the Regional Housing Allocation Plan. This Plan was developed by the Southern California Association of Governments (SCAG) to allocate the region's share of the statewide housing need based upon population forecasts by the California Department of Finance. According to State HCD, the number of dwellings to be provided by the City of Calimesa for the years 2021 - 2029 is 2,017 dwellings, in the following categories:
• Very Low Income: 495
• Low Income: 275
• Moderate Income: 379
• Above Moderate Income: 868

City of Calimesa
General Plan Annual Report
V. Policy and Program Implementation
State HCD has also requested an identification of the progress in implementing policies and programs. The Housing Element is an integral part of and consistent with the overall General Plan policies and programs contained within each mandated element. As such, a number of policies and programs in the Housing Element reflect a similar intention in other elements of the Plan. In addition, a number of the Housing Element Implementation Programs are continuous in nature, including such programs as follows:
• Access for the Disabled
• Citizen Participation Program
• Code Enforcement
• Energy Conservation
• Land Use Regulations
• Mobile Home Parks
• Accessory Dwelling Unit Ordinance
The programs and policies specifically addressed by the City during the 2022 calendar year include the following:
• Zone Text Amendment 21-01 Amending Various Sections of the Zoning Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units.
• The City finalized and circulated a draft Housing Element for the 2021-2029 planning period. As of the submittal date of this report, the draft had not yet been locally adopted or certified by HCD. The City hopes to achieve local adoption and HCD certification within the next ninety (90) calendar days. A listing of the Housing Element policies and programs contained within the draft document is contained in Appendix A.

VI. COMPLIANCE WITH OPR GUIDELINES
The current General Plan was adopted in 2014 and is current to reflect changes occurring within the region which allows us to better respond to community needs. The City is currently coordinating with HCD to prepare an updated 2021-2029 Housing Element for the 6th Cycle of the Regional Housing Needs Assessment.

VII. DATE OF LAST GENERAL PLAN UPDATE
The City of Calimesa incorporated on December 1, 1990. The previous General Plan was adopted, April 4, 1994. The current General Plan was

City of Calimesa
General Plan Annual Report
adopted on August 4, 2014. No new elements or major revisions to the Plan were subsequently adopted, except for an updated 5 th Cycle Housing
Element adopted October 2013 for the 2013-2021 planning period. The City’s 6
th Cycle Housing Element for the 2021-2029 is currently undergoing certification review by the California Department of Housing and Community Development. The General Plan Amendments related to individual development applications are listed in Section VIII below.

VIII.PRIORITIES FOR LAND USE DECISIONS
The City of Calimesa enforces local Ordinance No. 316, which pertains to Mobile Home Rent Stabilization. The ordinance created a Mobile Home Rent Stabilization board, established the board’s powers and duties, identified a provision for vacancy control, and amended language related to the permitted annual rent increase, among other provisions. The purpose of the ordinance is to ensure that residents of mobile home parks live in conditions which assure their health, safety, general welfare, and a decent living environment.

In addition, during calendar year 2022, the City has continued to work with the property owners of the Summerwind Ranch Specific Plan and Mesa Verde Specific Plan to ensure that forthcoming development meets the City’s inclusionary/affordable housing requirements.

IX. PLAN PROPOSALS THAT NEED TO BE UPDATED
As noted in Section IX, Planning Activities Undertaken, staff has begun an analysis of the General Plan text to update existing information and address current issues.

X. RECENT GENERAL PLAN CHANGES
• General Plan Amendment 20-01 amending the Land Use plan, Circulation map, and Trails map as requested by the Oak Valley Town Center industrial/retail project.
• General Plan Amendment 21-01 amending the Land Use and Open Space, Parks, and Recreation plans to accommodate minor changes requested by the Oak Valley Town Center industrial/retail project.

XI. YEAR 2022 PLANNING ACTIVITIES UNDERTAKEN
Planning Activities Initiated
Planning staff has continued an analysis of the adopted general plan to identify outdated information and to address current issues.

In addition, the City utilized SB 2 Planning Grant and Local Early

City of Calimesa
General Plan Annual Report
Action Planning Grant funds to prepare planning documents meant to streamline the production of housing in Calimesa. The Planning Department drafted a Residential Infill Priority Overlay Zone ordinance that, if approved, will allow the development of singlefamily homes, accessory dwelling units, townhomes, condos, duplexes, and a limited number of apartments by right at key infill sites throughout the City. This ordinance has not yet been considered by Planning Commission or City Council.

General Plan Amendments
• General Plan Amendment 21-01 as described above in Section VIII.

Major Development Applications Processed
The planning department processed the following major development applications in calendar year 2022:
• Conditional Use Permit 21-08 – Authorizing Fire Rock Burgers and Brews to obtain a Type 47 liquor license.
• Tentative Tract Map 37802 – Approval of 179-lot residential subdivision.
• Development Plan Reviews 21-02 through 21-06 and Conditional Use Permits 21-01 through 21-04 authorizing 2.25 million square feet of industrial development within the Birtcher Commerce Center at Oak Valley Town Center.
• Development Plan Review 21-08 approving construction of a new 7,434 square foot O’Reilly automotive parts store.
• Zone Text Amendment 22-02 – Adopting subdivision provisions relating to SB 9 and updating the City’s Accessory Dwelling Unit standards, in compliance with State law.
• Zone Text Amendment 22-03 to allow Wireless
Telecommunications Facilities within the Commercial
Neighborhood (CN) zoning designation.
• Development Plan Review 22-03 authorizing South Mesa Water Company to relocate Well No. 11 and replace water main pipelines along County Line Road.

Ordinance Amendments
The City Council adopted several ordinance amendments that included the following:
• Ordinance No. 382 – Adopting the Summerwind Ranch at Oak Valley Specific Plan (SP Area 1, Amendment 3), modifying land use

City of Calimesa
General Plan Annual Report
acreages, land use locations, paseo alignments, revising certain landscape setbacks, and providing administrative procedures for approval of minor signage and open space amenities, in support of GOAL LU-2, GOAL LU-3, GOAL LU-4, POLICY LU-15, POLICY
LU-16, POLICY LU-18, POLICY LU-23, GOAL TM-2, GOAL TM-3, and others.
• Ordinance No. 383 – An ordinance regarding use of streets for storage of vehicles in the public rights of way, in support of GOAL TM-1, GOAL TM-4, and POLICY TM-4.
• Ordinance No. 384 – Approving ZTA 22-03 to conditionally allow wireless telecommunication facilities in the Light Industrial and Business Park zones, in support of GOAL IPS-5, GOAL LU-4, GOAL SUS-8, and POLICY LU-30.
• Ordinance No. 385 – Approving annexation of Improvement Area No. 2 (Oak Valley Town Center) into the City’s Community Facilities District No. 2018-1 (Summerwind Trails) for the maintenance of certain improvements in the improvement area, in support of GOAL IPS-5, GOAL IPS-6, GOAL IPS-7, POLICY IPS-9, and POLICY IPS-11.
• Ordinance No. 386 – Approving annexation of Annexation Area No. 3 (Oak Valley Town Center) into the City’s Public Services Community Facilities District No. 1 for Law Enforcement, Fire, Paramedic, and Park Maintenance Services, in support of GOAL IPS-5, GOAL IPS-6, GOAL IPS-7, POLICY IPS-9, and POLICY IPS-11.
• Ordinance No. 387 – Adopting by reference the 2022 editions to the California Fire Code with certain amendments thereto, in support of GOAL IPS-7, POLICY IPS-13, POLICY IPS-14, GOAL SAF-1, and GOAL SAF-2.

City of Calimesa
General Plan Annual Report

APPENDIX A

HOUSING PROGRAMS

PROGRESS REPORT

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Name of
Program
Objective Timeframe in H.E Status of Program Implementation Program
Action H-1.1:

Energy
Conservation
in Existing and
New Housing
Development
The City will continue to
enforce the energy
conservation requirements of
the California Building
Standards of the International
Building Code and Title 24 of
the California Administrative
Code. The City will also
continue enforcement of the
California Green Building
Standards, which became
effective on January 1, 2011.

Energy conservation features
shall be incorporated into all
housing units constructed
between 2021 and 2029. Aside
from energy conservation
through the design and
construction of new
residences, the City will
encourage energy
conservation through the
retrofit of existing homes by
continuing to allow energy
efficiency improvements as an
eligible activity under its
Housing Rehabilitation
Program initiated in 2005. On a
more comprehensive scale, the
City will continue to address
energy conservation and
sustainability through its land
use planning for the
community. Two measures of
particular relevance are the
continued adherence to the
Ongoing, Annual
Review of
Progress and
Performance
Ongoing. The City recently adopted the 2022 California Building Code, including the California Green Building Standards. All new development is required to meet the applicable standards.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Calimesa Vision, which is the
framework that guides the
community’s future growth and
development and is discussed
under the Opportunities for
Energy Conservation section of
the Housing Element
Background Report, and in the
Downtown Village Commercial
zone, which allows residential
use in a mixed-use
configuration and at densities
of up to 30 dwelling units per
acre.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-1.2:

Non-Profit
Entity
Participation in
Affordable
Housing
The City will seek out and
encourage nonprofit
organizations to sponsor
affordable housing projects in
the city. This may include
agencies assisting lowerincome households, senior
citizens, disabled persons,
developmentally disabled
persons, and other persons
with special housing needs.

The City will direct interested
agencies/sponsors to potential
sites and collaborate with them
on applications for state and
federal funding. In addition to
submitting its own applications
for funding to HCD, the City will
also support nonprofit housing
developers in applying to HCD
for the Community-Based
Housing Development
Organization (CHDO) set aside
of HOME funds, which is 20
percent of the annual statewide
allocation of HOME funds. In
providing such support, the
City will give priority to
nonprofit developers pursuing
projects that include extremely
low-income units.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing. The City frequently participates in discussions with local affordable housing developers to direct them towards potential sites.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-1.3:

Accessibility to
Persons with
Disabilities
The City will continue to
require that new housing
development comply with state
and federal standards for
access for persons with
physical and developmental
disabilities and enforce the
provisions of the Americans
with Disabilities Act (ADA).

This program will lead to the
provision of access for persons
with disabilities, to dwelling
units constructed during the
planning period. The City will
continue to allow accessibility
improvements for homes
occupied by disabled persons
as an eligible activity under its
Housing Rehabilitation
Program. The City will continue
to offer such assistance as
funds permit.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing. The City regularly enforces the provisions of the American with Disabilities Act (ADA).

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-1.4:

Reasonable
Accommodatio
n
In compliance with applicable
federal and state laws, the City
continues to implement its
reasonable accommodation
ordinance. This ordinance
provides persons with
disabilities with a procedure to
request reasonable
accommodation to housing
under the Federal Fair Housing
Act and the California Fair
Employment and Housing Act
in the application of the City’s
zoning requirements and other
land use regulations, policies,
and procedures. To ensure
reasonable accommodation
procedures are consistent with
state law, the City will review
the conditions of approval for
reasonable accommodation
and revise them where
appropriate to ensure
compliance with fair housing
laws. The City will also review
the conditions of approval to
remove subjective decisionmaking criteria.

Within 1 Year of
the Adoption of
the Housing
Element
Will complete within prescribed timeframe.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
Pursuant to AB 686, Chapter
958, Statutes 2018, the City
will affirmatively further fair
housing by taking meaningful
actions in addition to resisting
discrimination, that overcomes
patterns of segregation and
fosters inclusive communities
free from barriers that restrict
access to opportunity based on
Varies. See Table
4-1: Fair Housing
Actions below.

See below.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
protected classes, as defined
by State law. See Table 4-1:

Fair Housing Actions below.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Fair Housing
Enforcement and Outreach.

Coordinate with stakeholder
groups, representatives, nongovernmental organizations, and non-profits to further
understand existing or potential
fair housing issues.

Minimum of one
meeting annually
throughout the
Planning Period.

Will complete within prescribed timeframe.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disparities in Access
to Opportunity. Research and
consider new General Plan
programs with the goal of
increasing transportation
options and improving access
to sustainable transportation
methods by FY 23/24.

Report findings on
potential
programs for the
City to consider.

Adopt a minimum
of one program
addressing
sustainable
transportation
over the Planning
Period.

Will complete within prescribed timeframe.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disproportionate
Housing Needs. 1. Annually
host one meeting with the
development community
throughout the Planning Period
to promote candidate housing
sites and available incentives
Minimum of one
meeting annually
throughout the
Planning Period.

Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
and funding opportunities for
the development of multifamily
and affordable housing
projects.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disproportionate
Housing Needs. 2. Encourage
the development of four or
more units in a building.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing. The City actively encourages development of this nature within the appropriate zoning designations.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Availability of
Affordable Housing. 1.

Landlord outreach to expand
the location of participating
voucher properties.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Availability of
Affordable Housing. 2.

Encourage collaboration
between local governments
and community land trusts as a
mechanism to develop
affordable housing.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disproportionate
Housing Needs/Availability of
Affordable Housing. 1. Identify
and promote funding/financing
opportunities and regulatory
methods that assist
homeowners and renters in
overcoming the high cost of
housing. Assist 20 households
Ongoing, Annual
Review of
Progress and
Performance
Ongoing.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
throughout the Planning
Period.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disproportionate
Housing Needs/Availability of
Affordable Housing. 2. Zoning,
permit streamlining, fees,
incentives, and other
approaches to increase
housing choices and
affordability (eg duplexes,
triplexes, multifamily, ADUS,
transitional and supportive
housing, group homes). Report
findings on potential measures
for the City to consider. Adopt
and implement the Residential
Infill Priority Area Overlay Zone
("RIPAOZ."
Ongoing, Annual
Review of
Progress and
Performance
Ongoing. The Draft Environmental Impact report for the RIPAOZ is currently available for public review. If approved, the overlay zone would implement permit streamlining and increase housing choice and affordability.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Availability of
Affordable Housing. Target
housing creation or mixed
income strategies (e.g.,
funding, incentives, policies
and programs, density
bonuses, land banks, housing
trust funds). Report findings on
potential measures for the City
to consider. Minimum of one
meeting annually. Apply for
funding annually.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Availability of Housing
Outreach. Target outreach for
lower income residents to
provide information about
affordable housing
opportunities and access to
fuding and finances. The City
will partner with local
organizations, NGO's, and
Riverside County Authority and
the Fair Housing Foundation.

Annually host one meeting
throughout the Planning
Period.

Minimum of one
meeting annually
and provide
summary of
meeting and
affordable
housing fact
sheet(s) on the
City’s website.

Will complete within prescribed timeframe.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disparities in Access
to Opportunity. 1. Target
investment in areas of most
need focused on improving
community assets such as
schools, recreational facilities
and programs, social service
programs, parks, streets,
active transportation and
infrastructure. Identify projects
and programs seeking to
improve community assets in
target areas by FY 23/24, as
well as specific funding
sources and amounts to
allocate. Approve a minimum
of one project improving
community assets.

Ongoing, Annual
Review of
Progress and
Performance
(goal of one
project within
Planning Period)
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disparities in Access
to Opportunity. 2. Dedicate or
seek funding to prioritize basic
transportation improvements
(e.g. transit availability, active
transportation facilities).

Identify funding opportunities
seeking to improve
transportation access by FY
23/24.

Ongoing, Annual
Review of
Progress and
Performance
(Apply for funding
annually)
Will complete within prescribed timeframe.

Program
Action H-2.1:

Affirmatively
Furthering Fair
Housing
continued
Table 4-1: Fair Housing
Actions. Disparities in Access
to Opportunity. 3.

Intergovernmental coordination
on areas of high need (eg
coordination with transit
agencies on access to
transportation, bus routes, and
schedules. Annually host one
meeting throughout the
Planning Period. Outreach to
agencies to identify solutions
on improving access to
transportation.

Ongoing, Annual
Review of
Progress and
Performance
(host minimum of
one meeting
within Planning
Period)
Will complete within prescribed timeframe.

Program
Action H-2.2:

Section 8
Tenant Based
Rental
Assistance.

The City will continue to
provide residents with
information regarding the
availability of the Section 8
Housing Choice Voucher
Program that is administered
by the Riverside County
Housing Authority. This
program can directly benefit
overpaying households in the
City by providing rental
assistance payments.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.3:

Housing
Rehabilitation
Program
Since 2005, the City has
operated a Housing
Rehabilitation Program using a
combination of CDBG and
HOME funds. This program,
codified in Chapter 9.05 of the
Municipal Code, provides
financial assistance in the form
of loans and/or grants for the
rehabilitation of single-family
homes that are occupied by
lower- income homeowners. In
addition to basic structural,
plumbing, and electrical
repairs, energy efficiency and
accessibility improvements are
eligible for financing through
the program. The City has
received HOME grants and will
use those funds to continue the
single-family rehabilitation
program as funding permits.

The City will also explore the
possibility of offering
rehabilitation assistance for
rental units and will continue to
apply for grant funding
annually for the continued
operation of the program in
response to Notices of Funding
Availability issued by HCD.

Ongoing, Annual
Review of
Progress and
Performance
Ongoing.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.4:

Mobile Home
Park
Preservation
Program
Since 2005, the City has
operated a Housing
Rehabilitation Program using a
combination of Eight mobile
home parks in Calimesa are
subject to rent control under
the City’s Mobile Home Rent
Stabilization Ordinance. The
City will continue to implement
the ordinance and maintain the
established Mobile Home Rent
Stabilization Board to preserve
these developments as
affordable housing alternatives
in the city and address the rent
control problems and
grievances of mobile
homeowners and tenants.

Ongoing, Annual
Review of
Program
Effectiveness
Ongoing.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.5:

Proactive
Code
Enforcement
The City will continue proactive
code enforcement of nuisances
such as inoperable vehicles,
unsightly condition of property,
substandard units, and illegal
garage conversions through
the enforcement of its
Administrative Citation
Ordinance adopted in 2008. It
will identify substandard
dwelling units and encourage
rehabilitation through the
provision of technical support
and incentives, such as
streamlined permit processing,
variances to development
standards on a case-by-case
basis (when legally justified),
and waiver of fees or fines if
rehabilitation is undertaken
within short order, etc. Also,
the City will actively work
toward the rehabilitation of
structures that do not meet
current code requirements by
more closely coordinating code
enforcement and housing
rehabilitation program activities
as a means of enabling
households who could not
otherwise afford to do so to
correct code violations. The
City aims to assist 80 housing
units in need of rehabilitation
throughout the Planning
Period.

Ongoing, Annual
Assessment of
Program
Effectiveness
Ongoing. The Code Enforcement Department continues to
enforce the City's Municipal Code, Zoning Code, and
Administrative Citation Ordinance.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.6:

Relocation
Assistance
The City will provide relocation
assistance to all persons
displaced by publicly assisted
projects, including
rehabilitation and code
enforcement projects that lead
to the displacement of
households as funding
resources permit.

Ongoing, Annual
Review of
Assistance to
Displaced
Persons
Ongoing.

Program
Action H-2.7:

Fair Housing
Council
The City will continue to rely on
the Fair Housing Council of
Riverside County to resolve
resident complaints and
tenant/landlord disputes. The
City will inform the public of the
availability of this service
through the City newsletter and
informational brochures/flyers
that are placed at the front
counters in City Hall and the
Senior Center, and City
employees will be instructed to
refer relevant questions or
complaints to the Fair Housing
Council.

Ongoing, Annual
Review and
Coordination with
Fair Housing
Council
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.8:

Emergency,
Transitional
and Supportive
Housing
To comply with State law, the
City of Calimesa will amend
certain sections of its Municipal
Code to address the following
requirements:
*Supportive Housing
Streamlined Approvals (AB
2162) - To comply with AB
2162 (Chapter 753, Statues
2018), the City of Calimesa will
amend its Municipal Code to
permit supportive housing as a
use permitted by right in all
zones where multiple family
and mixed-use development is
permitted.
* Emergency and Transitional
Housing Act of 2019 (AB 139)
– The City will update its
Municipal Code to comply with
the requirements of Gov Code
65583 to address permit
requirements, objective
standards, analysis of annual
and season needs, and
parking and other applicable
standards and provisions.
*Amend the City of Calimesa
Municipal Code to comply with
the definitions for “Supportive
Housing,” Supportive
Services,” “Target Population”
consistent with applicable
sections of the California
Government Code.
* Amend the Calimesa
Municipal Code to ensure
Emergency Shelters,
Transitional and Supportive
Within 1 year of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Housing are permitted in
appropriate zones, consistent
with State law.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.9:

Dissemination
of Housing
Support and
Referral
Services
The City will continue to use
the City newsletter and
brochures to advertise or
inform residents of services
and programs that are made
available, including housing
regulations, rehabilitation
programs, nearby service
agencies, crisis hotlines,
energy conservation,
availability of lower- and
moderate- income housing
units, and other such services.

The City’s Senior Center
currently provides many of the
information and referral
services needed by residents.

The City will maintain a list of
available service and referral
agencies that serve lowincome households, disabled,
elderly, homeless, and other
special needs groups. It will
make the list available at City
Hall, the Senior Center, the
library, and other public places
for easy access to interested
persons.

Ongoing, Annual
Update of Service
and Referral
Agencies
Ongoing. Referral materials are available at City Hall, the Senior Center, and Library.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.10:

Community
and
Stakeholder
Engagement
The City will continue to
encourage community
participation in all City
programming. The City will
continue to encourage
residents to attend City Council
and Planning Commission
meetings through publicity
practices including posting
information on scheduled
public hearings at City Hall, the
Senior Center, and the library
prior to hearing dates, and
advertising in the local
newspaper and City
newsletter. The City will
continue to publish a City
newsletter and community
flyers to inform residents of
ongoing activities and
programs, including updates to
the Housing Chapter.

Continued publicity will allow
the City to receive more input
regarding programs and better
tailor them to meet the needs
of residents. Public hearings
will be held prior to adoption of
this updated element.

Ongoing, Annual
Assessment of
Program
Effectiveness
Ongoing. The City livestreams all City Council and Planning Commission meetings in an effort to provide information to the widest possible audience.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-2.11:

Supportive
Housing and
Low Barrier
Navigation
Centers
State law has been updated to
require approval 'by right' of
supportive housing with up to
50 units and low barrier
navigation centers that meet
the requirements of State law.

Low barrier navigation centers
are generally defined as
service-enriched shelters
focused on the transition of
persons into permanent
housing. Low barrier navigation
centers provide temporary
living facilities for persons
experiencing homelessness to
income, public benefits, health
services, shelter, and housing.

To comply with State law, The
City of Calimesa will adopt
policies, procedures, and
regulations for processing this
type of use to establish a nondiscretionary local permit approval process that must be
provided to accommodate
supportive housing and lower
barrier navigation centers per
State law. In the interim, any
submitted application for this
use type will be processed in
accordance with State law. The
City will provide for annual
monitoring of the effectiveness
and appropriateness of existing
adopted policies. Should any
amendments be warranted to
existing policies pursuant to
State law, the City will modify
Within 1 year of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
its existing policies, as
appropriate.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Action H-2.12:

Housing for
Persons with
Developmental
Disabilities
The housing needs of persons
with developmental disabilities
are typically not fully
addressed by local zoning
regulations. Persons with
disabilities may require, in
addition to basic affordability,
slight modifications to existing
units, and in some instances, a
varying range of supportive
housing facilities. To
accommodate residents with
developmental disabilities, the
City will review and prioritize
housing construction and
rehabilitation including
supportive services targeted
for persons with developmental
disabilities. Calimesa will also
explore the granting of
regulatory incentives, such as
expedited permit processing,
and fee waivers and deferrals,
to projects targeted for persons
with developmental disabilities.

To further facilitate the
development of units to
accommodate persons with
developmental disabilities, the
City will encourage
development of projects
targeted for special needs
groups. As housing is
developed or identified,
Calimesa will collaborate with
the Inland Regional Center
(IRC) to implement an
outreach program informing
families within the City of
Within 2 years of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
housing and services available
for persons with developmental
disabilities. The City will
provide information at City Hall
and on the City’s website.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.1:

Establish a
Rezone
Program for
Unaccommoda
ted RHNA
Need for the
2021-2029
Planning
Period.

Appendix B of the Housing
Element identified sites
available to accommodate
future housing needs. To fully
demonstrate compliance with
State law, Calimesa will
institute a rezone program to
accommodate the City’s
remaining 2021-2029 RHNA
growth need. The City will
establish a Residential Infill
Opportunity Overlay Zone to
accommodate housing units,
by income category, that are
not currently accounted for in
existing zoning capacity.

Within 2 years of
Housing Element
adoption.

Will complete within prescribed timeframe.

Program
Action H-3.2:

Use of 5th
Cycle Housing
Sites
The City has identified a
number of sites in the sites
inventory contained in
Appendix B containing infill
sites that were identified in the
5th Cycle Housing Element to
accommodate the Very Low
and Low-income categories.

To comply with State law, the
City will amend the Calimesa
Municipal Code to permit
residential uses by-right for
housing development projects
in which at least 20-percent of
the units are affordable to
lower-income households. For
the purpose of implementation
of this program, by-right shall
mean the City will not require a
discretionary permit
application, such as a
Conditional Use Permit or
Within 2 years of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Planned Unit Development
Permit, that would constitute a
“project” as described in
Section 21100 of the Public
Resources Code.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.3:

Provision of
Infrastructure
for Housing
Sites
The City will continue to
collaborate with Riverside
County on the provision of
adequate infrastructure and
public services. The City will
coordinate County and City
capital improvement projects,
including setting priorities for
infrastructure and public facility
projects through the City's
Capital Improvement Program.

The City will coordinate with
state and regional agencies
and area planning districts
(e.g., Southern California
Association of Governments,
Western Riverside Council of
Governments, and Regional
Conservation Authority) to
address planning and
environmental issues. The City
will continue to attend monthly
Joint Issue Meetings with these
agencies at which issues of
area-wide concern or
importance are discussed.

Ongoing, Annual
Review of CIP
Program and
Coordination with
Agencies
Ongoing. The Community Development Department and City
Engineer's Office regularly participate in coordination efforts with the various purveyors.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.4:

Inclusionary
Housing
Ordinance
The City has an adopted
Inclusion Housing Ordinance
contained in Chapter 18.130 of
the Calimesa Municipal Code.

The Ordinance applies new
for-sale, single-family
residential development on a
citywide basis. The ordinance
applies to developments
containing 20 or more units
and requires that 5 percent of
the proposed dwelling units be
affordable to low-income
households The Inclusionary
Ordinance is intended to
provided homeownership
opportunities to lower income
households.

Ongoing, Annual
Assessment of
Program
Effectiveness
Ongoing.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.5:

Accessory
Dwelling Units
The City will encourage the
development of accessory
dwelling units in compliance
with Government Code
65583(c)(7) and create a plan
by FY 23/24 that incentivizes
and promotes the development
of ADUs that can be offered at
affordable rents for very-low to
moderate-income households.

The ADU plan may include, but
is not limited to, the following
incentives: *Permit-ready ADU
plans to minimize design costs,
streamline permit processing,
and provide development
certainty.
*Information ADU materials
online and at City Hall guiding
applicants through the
permitting and constrictions
process.
*ADU webpage informing the
community on code,
processes, and incentives.
* Waived permitting fees for
ADUs under certain sizes
and/or deed restricted as
affordable to lower-income
households for a period of 55
years.

The City of Calimesa will
ensure the Municipal Code and
other entitlement procedures
are consistent with AB 3182,
AB 68, AB 881, SB 13, AB
587, AB 670, AB 671, SB 8,
SB 9 and all other applicable
state laws and requirements.

Ongoing, Create
and Implement
ADU Plan within 2
Years, Necessary
Code Updates if
Needed within 3
Years
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.6:

Accessory
Dwelling Units
Monitoring
Program
The City will annually monitor
its progress in permitting an
average of 2 ADUs annually,
for a total of 16 ADUs during
the planning period, in
conjunction with Annual
Housing Element Progress
Report. The analysis will track
applications for ADUs, location,
affordability, and other
important features. If ADU
permitting falls below
estimated production target for
more than two consecutive
years, the will City re-evaluate
the City's ADU standards and
procedures and modify
accordingly within 6 months.

Within 2 years of
adoption of the
Housing Element,
Annual
Assessment
Will complete within prescribed timeframe.

Program
Action H-3.7:

Housing Units
in Mixed Use
Zones
The City will encourage
residential development in its
mixed- use zones by allowing
administrative processing of lot
consolidation requests and
providing incentives for the
consolidation of lots, assisting
interested developers with site
identification and entitlement
processing, offering fee
waivers and deferrals for
affordable housing projects,
offering flexibility in the
application of development
standards for mixed-use
projects that include affordable
housing units, and providing
financial assistance for mixeduse affordable housing projects to the extent possible.

Adopt Necessary
Code Amendment
Within 2 years of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.8:

Down
Payment
Assistance
The City will create and
implement a down-payment
assistance program for firsttime homebuyers in order to encourage a continued high
rate of homeownership. The
homebuyer assistance
program may be capitalized
using state/federal grants and
could provide silent second
mortgages (in the form of
deferred payment loans) to
assist first-time homebuyers in
making required down
payments.

Evaluate Funding
Sources and
Develop Program
within 3 years of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.9:

Monitoring of
Housing Sites
Inventory
The City will periodically
update the housing sites
inventory as identified in
Appendix B of the Housing
Element and work with
property owners and/or local
developers to develop
identified infill properties with
single or multiple-family
housing consistent with their
zoning. The City will direct
developers seeking potential
project sites in Calimesa to
locations currently served by
adequate infrastructure and
assist them in making contact
with the property owners, help
to guide them through the
development review process,
and provide them with the
information needed for
feasibility analyses and due
diligence. The City will also
consider offering incentives to
encourage the utilization of
infill lots, such as an infill
density bonus or a
reduction/waiver of Streets and
Traffic and Drainage Facilities
Impact Fees for infill projects
involving the consolidation and
coordinated development of
multiple lots.

Annual Review Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.10:

Capital
Improvement
Programming
and
Prioritization
The City will continue to work
with responsible agencies and
purveyors of utilities and
infrastructure (such as the
Yucaipa Valley Water District,
South Mesa Water Company,
and Yucaipa Calimesa School
District) in monitoring the
availability and service levels
of public utilities and
infrastructure (roads, water,
sewer, storm drainage, gas,
power, etc.) and services
(police, fire protection, schools,
government services, etc.).

The City will continue to
cumulatively assess the
potential impacts from new
development and require, as
part of the development review
package, that all new
development provide an
assessment to ensure that
adequate infrastructure is
available to serve the
development. Otherwise,
improvements and upgrades
will be undertaken as part of
the development or through
facility fees to be paid prior to
the occupancy of the dwelling
units. The City will prioritize the
need for capital improvements
and increase public service
levels, when necessary. The
City consulted local water and
sewer purveyors during the
preparation of this element and
will send the adopted element
Annual
Assessment of
CIP Program and
Coordination with
Purveyors
Ongoing. The Community Development Department and City
Engineer's Office regularly participate in coordination efforts with the various purveyors.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
to them for their use in
prioritizing service to housing
units affordable to lowerincome households in
accordance with Section
65589.7 of the California
Government Code.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.11:

Subdivision of
Existing Lands
The City will facilitate land
divisions, lot line adjustments,
and Specific Plans to improve
the feasibility of housing
development on large sites and
create appropriately sized
parcels for affordable multifamily residential development.

The City will work with property
owners and developers to
identify opportunities and will
provide technical assistance
and incentives for proposed
development projects that
include affordable housing on
these sites, such as:
*Expediting the approval
process for land divisions;
* Requiring only ministerial
review of lot line adjustments;
* Deferring processing fees for
land division applications; and
* Offering flexibility in the
application of development
standards for affordable
housing projects.

Annual
Assessment and
Coordination with
Property Owners,
as Applicable.

Ongoing. The City currently requires only ministerial review of lot line adjustments and lot mergers. The City provides flexibility for the application of affordable housing projects in accordance with state density bonus law.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.12:

Objective
Design
Standards
State Housing law includes
various exemptions for projects
with an affordable housing
component, which limits the
City’s ability to apply
discretionary design review
requirements to certain
residential projects. State
Housing law specifies having
objective design standards
available to apply to housing
projects where the City’s
discretion over design review is
otherwise preempted per State
law. The City of Calimesa will
review existing entitlement
processes for housing
development and will eliminate
discretionary review for all
housing development
proposals that include a
minimum affordable housing
component. The City will also
review the appropriateness of
its current development
standards to ensure that it
reasonably accommodates the
type and density of housing it
is intended to support. The City
will also amend existing
development standards to
replace or remove all
subjective standards for
projects with a minimum
affordable housing component
with objective standards that
do not impede the type and
density of housing it is
intended to allow.

Within 2 years of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.13:

SB 35
Streamlining
Provisions
The City will establish written
procedures to comply with
California Government Code
Section 65913.4 and publish
those procedures for the
public, as appropriate, to
comply with the requirements
of SB 35, Chapter 366 Statues
2017. These requirements
apply at any point in time when
the City does not meet the
State mandated requirements,
based upon the SB 35
Statewide Determination
Summary Report for Housing
Element progress and
reporting on Regional Housing
Needs Assessment (RHNA).,
the City will process
development projects with at
least 50 percent affordable
units through a streamlined
permit process (i.e., 90 days
for projects with up to 150
units). All projects covered by
SB 35 are still subject to the
objective development
standards of the Calimesa
Municipal Code that includes
the Building and Fire Codes.

However, qualifying projects
cannot be subject to
discretionary review or public
hearings; and in many cases
the City cannot require parking.

Reduced parking requirements
would be established
consistent with the
Within 1 year of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
requirements of SB 35 for
qualified streamlining projects.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.14:

Farmworker
and
Agricultural
Worker
Housing
The City will amend the
Calimesa Municipal Code to be
in compliance with Health and
Safety Code, 17021.5, 17021.6
and 17021.8. and define
agricultural employee housing
in a manner consistent with
applicable Health and Safety
Code sections. The Municipal
Code will be revised to state
that employee housing for six
or fewer employees will be
treated as a single-family
structure and permitted in the
same manner as other
dwellings of the same type in
the same zone. Additionally,
the Municipal Code will be
updated to state that employee
housing consisting of no more
than 12 units or 36 beds will be
permitted in the same manner
as other agricultural uses in the
same zone.

The City will also amend the
Municipal Code to explicitly
define Farmworker Housing
and establish it as permitted
use in residential or
nonresidential zones,
consistent with State law.

Within 1 year of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.15:

Small Lots
As part of the candidate sites
analysis, the City has identified
a number of sites which are
smaller than half an acre in
size. In order to promote the
development of affordable
housing units on these sites,
the City will create, adopt, and
promote a Small Lot
Subdivision Ordinance with the
goal of incentivizing the
development of affordable
units and improving the path to
home ownership for first-time
homebuyers. In addition, the
City will facilitate lot
consolidation (Program H-3.7)
as a solution to developing
small sites. Additional
incentives for small lot
consolidations may include, but
are not limited to, deferred fees
for lot consolidation projects,
expedited permit processing,
and/or flexible development
standards such as setback
requirements, reduced parking
or increased heights.

Within 1 year of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.16:

Large Lots
As part of the candidate sites
analysis, the City has identified
a number of sites which are
larger than ten acres in size. In
order to incentivize the
development of affordable
housing units on these sites,
the City will adopt expedited
permit processing and consider
automatic approval of lot splits
or creation of new parcels. The
City will annually review
funding opportunities to
provide or support financial
assistance with the
development of infrastructure
required to develop large sites.

Within 1 year of
adoption of the
Housing Element
Will complete within prescribed timeframe.

Program
Action H-3.17:

Replacement
Housing
The City may have existing
non-vacant sites included
within the inventory of sites
that may contain vacant or
demolished residential units
that were occupied by lowerincome households or
households subject to
affordability requirements
within the last five years. The
City will adopt a formal
replacement housing program
to ensure the replacement of
any units lost for housing units
shall comply with the same
requirements pursuant to
Government Code section
65915.

Formalize
program
requirements
within 2 years of
adopting the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.18:

Pipeline
Project – The
Heights
Specific Plan
The City is currently reviewing
a proposed Specific Plan – The
Heights – which would allow
for mixed-use and high density
housing, including units
affordable to lower income
households. The City will work
with the applicant to ensure
compliance with local codes in
order to facilitate the
development of affordable
units. Should the project be
unsuccessful, the City will
identify new sites to be
rezoned within one year so as
to avoid No Net Loss.

Within 2 years of
adoption of the
Housing Element;
or identify new
rezone sites
within 1 year of
project concluding
Will complete within prescribed timeframe.

Program
Action H-3.19:

Objective
Development
Standards
As part of the governmental
constraints analysis, the City
determined that the municipal
code created a constraint on
the development of community
care facilities for seven or more
persons. The municipal code
currently requires a conditional
use permit to allow community
care facilities for seven or more
persons. The City will review
and make appropriate
amendments to the Calimesa
Municipal Code for the
following: Amend the
municipal code to allow
community care facilities for
seven or more persons without
a conditional use permit in any
residential zone.

Within 18 months
of adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-3.20:

Use of Sites
from Previous
Housing
Element
Cycles
Pursuant to Government Code
Section 65583.2(c), any nonvacant sites identified in the prior Fifth Cycle or vacant sites
identified in two or more
consecutive planning periods,
shall be provided by-right
development when at least
20% of the units in the
proposed development are
affordable to lower-income
households. Table B-10 of
Appendix B identifies vacant
and non-vacant sites that the
City used in previous Housing
Elements to meet the current
RHNA need. To comply with
State law, the City will amend
the Municipal Code to permit
residential uses by-right for
housing development in which
at least 20-percent of the units
are affordable to lower-income
households for sites that:
*Are non-vacant and identified
in the prior planning period;
and
*Vacant sites included in two or
more consecutive planning
periods. Pursuant to the text
on page 12 of HCD’s Housing
Element Site Inventory
Guidebook, “Sites where
zoning already permits
residential “use by right” as set
forth in Government Code
section 65583.2 (i) at the
beginning of the planning
period would be considered to
Within 18 months
of adoption of the
Housing Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
meet this requirement.” On
such sites, the City would not
require, but would be
encourage the development of
units affordable to lowerincome households.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-4.1:

Senior
Housing
Opportunities
The City will pursue state and
federal funds for the
construction of senior citizen
housing, with priority given to
projects that include units
affordable to extremely lowincome households. This may include funds provided under
Section 202, HOME, and/or
other applicable programs.

Annual Evaluation
of Program
Funding and
Prioritization
Ongoing. The City regularly reviews available grant programs for funding opportunities that may be available.

Program
Action H-4.2:

State and
Federal
Housing
Incentives
City staff will stay informed of
state and federal housing
programs that can provide
financial assistance for the
preservation and development
of affordable housing and
disseminate information on
such programs to residents
and prospective housing
developers/sponsors. The City
has successfully applied for
CDBG and HOME funds
through HCD that have been
used to conduct housingrelated studies and capitalize a local Housing Rehabilitation
Program. Because of its limited
financial resources, the City
will continue to pursue grant
funding from state and federal
agencies for affordable
housing projects/programs in
the city, particularly those that
address the needs of
extremely low-income
households.

Annual Pursuit of
Funding,
Prioritization of
Grant
Applications
Ongoing. The City regularly reviews available grant programs for funding opportunities that may be available.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-4.3:

Senior
Housing
Opportunities
The City will continue to allow
manufactured homes, including
mobile homes, on permanent
foundations in all residential
zones.

Ongoing, Annual
Assessment of
Senior Housing
Opportunities
Ongoing. The Calimesa Municipal Code provides this allowance.

Program
Action H-4.4:

Density Bonus
The City amended its density
bonus ordinance in December
2010 in order to make it fully
compliant with current state
law. The City will continue to
provide incentives and density
bonuses under the density
bonus ordinance for senior and
other projects providing lowerincome housing units. These incentives may include
reduced parking standards,
relief from setback, building
height, open space, density, lot
coverage, and other
development standards,
approval of mixed-use zoning
for a project, expedited review,
and the waiver of processing
fees, among other measures.

Provide
Necessary Code
Updates Within 2
Years of Adoption
of the Housing
Element
Will complete within prescribed timeframe.

Jurisdiction: Calimesa
Reporting Year: 2022 (Jan. 1 – Dec. 31)
Housing Element
Housing Programs Progress Report
Program
Action H-4.5:

Review of
Permit Fees
The City will continue to
periodically review its permit
processing fees to verify that
the costs associated with the
review process are consistent
with the services rendered.

This fee review process
provides a basis for
determining whether fees have
become a constraint to housing
production, and at the same
time allow the City to
appropriately recoup costs
associated with the review and
processing of individual
developments. The City will
also establish a reduction or
waiver of permit processing
fees for affordable and other
special needs housing
projects.

Annual
Assessment of
Permitting Fees,
Updated Fees as
Appropriate,
Establish a Fee
Waiver Program
within 2 Years of
Adoption of the
Housing Element
The City has undertaken a comprehensive user fee study to update the processing fees associated with development.

Program
Action H-4.6:

Zoning,
Development
Standards and
City Fees
Available
Online
Pursuant to Government Code
GC 65940.19(a)(1)(B),
Calimesa will provide all zoning
and development standards,
and fees for each parcel with
its jurisdictional boundaries on
the City’s website pursuant to
government transparency laws.

Within 1 Year of
Adoption of the
Housing Element
Ongoing. The City provides the Calimesa GeoViewer public Geographic Information System at no direct cost to the public.

This software provides zoning designations for all parcels within the City's jurisdictional boundaries. Development standards and fees can also be obtained on the CIty website.

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total Disapproved
Units by Project Streamlining Application Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by
project
Total DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 6 0 6 6 0 410111011
155 E County Line Road,
Calimesa, CA 92320
Ruiz Guest House
Conversion to ADU MDPR 22-01 ADU R
1/25/2022
1 1 1 No No No Approved
410161011
1090 Donna Lane,
Calimesa, CA 92320 Donna Lane ADU MDPR 22-04
ADU R
2/1/2022
1 1 1 No No No Approved
410100020
931 2nd Street, Calimesa,
CA 92320
Miffleton ADU (flip
flop) MDPR 22-05 ADU R9/15/2022
1 1 1 No No No Approved
411100023
927 Avenue, Calimesa, CA
92320 Mamani ADU MDPR 22-07 ADU R
8/30/2022
1 1 1 No No No Approved
413060006
900 W Avenue L,
Calimesa, CA 92320 Cross ADU MDPR 22-10 ADU R11/2/2022
1 1 1 No No No Approved
409070039
1011 Holmes Way,
Calimesa, CA 92320 Rekstad ADU MDPR 22-12
ADU R
12/21/2022
1 1 1 No No No Approved
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted

Attachment 12C
Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 180 180 0 0 0 0 0 3 13 16 0 0 0 0 0 3 47 50 0 0 0 407410001
10701 Desert Lawn
Drive, Calimesa, CA
92320
Riedman Subdivision TTM 37802 SFD O 179 4/25/2022
179
0 0 N N
Entitled only in 2022
413221004
35010 Buena Mesa
Drive, Calimesa, CA
92320
Carillo SFR MDPR 21-04 SFD O 1 6/1/2022
1 0 0 N Y
Entitled only in 2022
411020018
739 W County Line
Road, Calimesa, CA
92320
Velazquez ADU Building Permit
2021-248 ADU R
0 0 1 3/15/2022 1 N Y ADU
Certificate of
Occupancy only in
2022
411251007 464 Myrtlewood Drive,
Calimesa, CA 92320 Paulson ADU Building Permit 2021-818 ADU R 0 1 6/13/2022 1 1 9/13/2022 1 N N ADU
Garage conversion to
ADU. Building permit
and certificate of
occupancy issued in
2022.
413963017 1148 Coriander Street,
Calimesa, CA 92320 Hart ADU Building Permit 2022-373 ADU R 0 1 9/26/2022 1 0 N N ADU Building permit only In 2022. 410061026 382 W Avenue L,
Calimesa, CA 92320 Burnett ADU Building Permit 2022-017 ADU R 0 1 4/19/2022 1 1 7/27/2022 1 N Y ADU
Building permit and
certificate of
occupancy in 2022.
407402001 1527 ASPEN CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-740 SFD O 0 0 1 6/17/2022 1 N Building permit only In 2022.
407402002
1531 ASPEN CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-742 SFD O
0 0 1 6/6/2022 1 N
Certificate of
occupancy only in
2022
407400009
1334 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-730 SFD O
0 0 1 4/24/2022 1 N
Certificate of
occupancy only in
2022
407400010
1330 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-731 SFD O
0 0 1 4/24/2022 1 N
Certificate of
occupancy only in
2022
407402008
1333 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-732 SFD O
0 0 1 4/24/2022 1 N
Certificate of
occupancy only in
2022
407402009
1337 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-733 SFD O
0 0 1 4/24/2022 1 N
Certificate of
occupancy only in
2022
407400011
1326 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-734 SFD O
0 0 1 5/12/2022 1 N
Certificate of
occupancy only in
2022
407400013
1318 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-737 SFD O
0 0 1 5/12/2022 1 N
Certificate of
occupancy only in
2022
407402006 1325 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-736 SFD O 0 0 1 5/12/2022 1 N
Certificate of
occupancy only in
2022
407402007
1329 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-738 SFD O
0 0 1 5/12/2022 1 N
Certificate of
occupancy only in
2022
407401006
1528 ASPEN CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-739 SFD O
0 0 1 6/6/2022 1 N
Certificate of
occupancy only in
2022
407402003
1533 ASPEN CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-741 SFD O
0 0 1 6/6/2022 1 N
Certificate of
occupancy only in
2022
407402005
1541 ASPEN CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-743 SFD O
0 0 1 6/17/2022 1 N
Certificate of
occupancy only in
2022
407401002
1305 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-746 SFD O
0 0 1 8/9/2022 1 N
Certificate of
occupancy only in
2022
407401003
1309 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-747 SFD O
0 0 1 8/9/2022 1 N
Certificate of
occupancy only in
2022
407401004
1313 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-748 SFD O
0 0 1 7/28/2022 1 N
Certificate of
occupancy only in
2022
407401005
1317 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-749 SFD O
0 0 1 7/28/2022 1 N
Certificate of
occupancy only in
2022
407401001
1301 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-745 SFD O
0 0 1 7/28/2022 1 N
Certificate of
occupancy only in
2022
407370005
1217 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-119 SFD O
0 1
3/9/2022
1 1
8/23/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370006
1221 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-124 SFD O
0 1
3/9/2022
1 1
8/23/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407371007
1228 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-132 SFD O
0 1
3/9/2022
1 1
8/23/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407371008
1224 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-123 SFD O
0 1
3/9/2022
1 1
8/23/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370001
1220 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-133 SFD O
0 1
3/9/2022
1 1
9/14/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370002
1216 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-134 SFD O
0 1
3/9/2022
1 1
9/29/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370016
1200 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-135 SFD O
0 1
3/9/2022
1 1
9/29/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370017
1201 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-136 SFD O
0 1
3/9/2022
1 1
9/29/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370018
1209 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-137 SFD O
0 1
3/9/2022
1 1
9/29/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370004
1213 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-138 SFD O
0 1
3/9/2022
1 1
9/29/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407402004
1537 ASPEN CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-744 SFD O
0 0 1 6/8/2022 1 N
Certificate of
occupancy only in
2022
407400012
1322 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-735 SFD O
0 0 1 5/12/2022 1 N
Certificate of
occupancy only in
2022
407370003
1212 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-556 SFD O
0 1
9/19/2022
1 1
9/19/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370014
1208 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-557 SFD O
0 1
9/19/2022
1 1
9/19/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407370015
1204 JOSHUA TREE RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2022-413 SFD O
0 1
7/12/2022
1 1
7/12/2022
1 N
Building permit and
certificate of
occupancy in 2022.
407391003
1530 OVERCUP CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-433 SFD O
0 0 1 1/21/2022 1 N
Certificate of
occupancy only in
2022
407391004
1526 OVERCUP CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-434 SFD O
0 0 1 1/21/2022 1 N
Certificate of
occupancy only in
2023
407391005
1522 OVERCUP CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-435 SFD O
0 0 1 1/21/2022 1 N
Certificate of
occupancy only in
2024
407391006
1531 OVERCUP CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-436 SFD O
0 0 1 1/21/2022 1 N
Certificate of
occupancy only in
2025
407391007
1535 OVERCUP CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-437 SFD O
0 0 1 1/21/2022 1 N
Certificate of
occupancy only in
2026
407391008
1539 OVERCUP CT
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-438 SFD O
0 0 1 1/21/2022 1 N
Certificate of
occupancy only in
2027
407402013
1353 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-442 SFD O
0 0 1 2/23/2022 1 N
Certificate of
occupancy only in
2028
407400005
1350 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-439 SFD O
0 0 1 2/23/2022 1 N
Certificate of
occupancy only in
2029
407400006
1346 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-440 SFD O
0 0 1 2/23/2022 1 N
Certificate of
occupancy only in
2030
407402012
1349 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-441 SFD O
0 0 1 2/23/2022 1 N
Certificate of
occupancy only in
2031
407400007
1342 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-443 SFD O
0 0 1 3/9/2022 1 N
Certificate of
occupancy only in
2032
407400008
1338 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-444 SFD O
0 0 1 3/9/2022 1 N
Certificate of
occupancy only in
2033
407402010
1341 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-445 SFD O
0 0 1 3/9/2022 1 N
Certificate of
occupancy only in
2034
407402011
1345 CHESTNUT RD
Richmond American Homes -
Overlook at Summerwind Trails
Building Permit
2021-446 SFD O
0 0 1 3/9/2022 1 N
Certificate of
occupancy only in
2035
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 1 - 3 - - - - - - -
Above Moderate 868 21 20 13 - - - - - - - 54 814
2,017
22 20 16 - - - - - - - 58 1,959
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date
Total Units
Remaining
248 - - - - - - - - - - 248
275
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
375
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
4 Moderate
495
275
379
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
495

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

Jurisdiction Calimesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

Program Action H-1.1:

Energy Conservation in
Existing and New Housing
Development
The City will continue to enforce the energy conservation requirements of the California Building Standards of the International Building Code and Title 24 of the California Administrative Code. The City will also continue
enforcement of the California Green Building Standards, which became effective on January 1, 2011. Energy
conservation features shall be incorporated into all housing units constructed between 2021 and 2029. Aside from
energy conservation through the design and construction of new residences, the City will encourage energy
conservation through the retrofit of existing homes by
continuing to allow energy efficiency improvements as an eligible activity under its Housing Rehabilitation Program initiated in 2005. On a more comprehensive scale, the City will continue to address energy conservation and
sustainability through its land use planning for the
community. Two measures of particular relevance are the continued adherence to the Calimesa Vision, which is the framework that guides the community’s future growth and development and is discussed under the Opportunities for Energy Conservation section of the Housing Element
Background Report, and in the Downtown Village
Commercial zone, which allows residential use in a mixeduse configuration and at densities of up to 30 dwelling units per acre.

Ongoing, Annual Review of
Progress and Performance
Ongoing. The City recently adopted the 2022 California Building Code, including the California Green Building Standards. All new development is required to meet the applicable standards.