Calimesa City Council
June 19, 2023

BATTERY ENERGY STORAGE

SYSTEMS (BESS)

rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura One of our key strengths is our involvement
in energy projects from inception to
implementation, which spans from pre-planning
activities (alternative and constraints analyses,
biological and hazardous site assessments,
hazardous remediation) to project analysis
(California Environmental Quality Act [CEQA]/
National Environmental Policy Act [NEPA]
compliance, regulatory permitting, conditional
use permits), through permitting and project
implementation (construction management,
scheduling, construction monitoring, reporting) to
post construction activities (habitat restoration,
mitigation monitoring). As a result, we have a
full understanding of the demands of large-scale
energy projects and the interaction between
different environmental issues and the directives
of regulatory agencies responsible for them. We
understand the nuances of a proposed project
within its regulatory environment, and can
effectively direct the resources on our project
team to provide the necessary services.

Rincon has provided CEQA/NEPA environmental
documentation, permitting, and/or construction
compliance oversight for approximately 40,000
acres of commercial-scale solar energy and
battery storage development; this equates to
roughly 25,000 megawatt (MW).

SERVICES
ඵ CEQA compliance documents
ඵ NEPA compliance documents
ඵ Land Use Permitting Assistance
ඵ Biological Resources Assessment
and Permitting
- Federal Endangered Species Act
- California Endangered Species Act
- Migratory Bird Treaty Act
ඵ Aquatic Resources Delineations
and Permitting
- California Department of Fish and
Wildlife (CDFW) Lake or Streambed
Alteration Agreements (LSAA)
- Clean Water Act (CWA) Section
404 Permitting
- Clean Water Act Section 401/
Regional Water Quality Control
Board (RWQCB)Permitting
ඵ Bureau of Land Management Plans
of Development
ඵ Cultural resources assessments and
Section 106/AB 52 Consultation
ඵ Visual resources analysis,
simulations, and mitigation

SELECT PROJECTS
ඵ Scarlet Solar and Battery Storage
Project, Confidential Client and
County of Fresno
ඵ Key Energy Storage Project,
Confidential Client – Fresno
ඵ Embarcadero Road Battery
Electric Storage System Project
EIR, City of Morro Bay
ඵ Santa Paula Battery Energy
Storage System IS-MND
ඵ MRP Malaga BESS, City of Malaga
ඵ Dynegy ML Battery Storage IS/
MND, County of Monterey
ඵ Goleta BESS, Goleta Energy
Storage, LLC
ඵ Ventura Energy Storage Project,
Ventura Energy Storage LLC

BATTERY ENERGY STORAGE SYSTEMS
(BESS)
ඵ Environmental site assessment
and remediation
ඵ Noise, air quality, and greenhouse
gas studies
ඵ Stormwater Pollution Prevention
Plans and water quality and water
supply analyses

EMERGENCY RESPONSE

SUPPORT SERVICES

rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura

SELECTED PROJECTS

FIRE RESPONSE
ඵ Thomas Fire Toland Road Landfill Burn Waste Management Oversight, CIH Air Quality Monitoring in the Breathing Zone, Botanical Analysis – Ventura Regional Sanitation District ඵ Tea Fire Response Emergency Sediment Removal Clearance Surveys for Steelhead Trout and Tidewater Goby –
Santa Barbara County Flood Control and Water Conservation District

STORM RESPONSES
ඵ Graham Hill Bridge Storm Damage Repair Project Biological Surveys, Construction Monitoring, and Regulatory Permitting –
County of Santa Cruz Department of Public Works
ඵ Gallery Wells Emergency Repair Project CEQA Documentation – Heritage Ranch Community Services District

SPILL AND EMERGENCY REPAIR RESPONSES
ඵ James Way Ditch Emergency Waterline Repair Construction Monitoring and Regulatory Permitting – City of Arroyo Grande ඵ Pipeline Anomaly Emergency Repairs Construction Monitoring – Southern California Gas Company

CERTIFICATIONS & PERMITS
ඵ California OES Safety Assessment Program
Evaluators (pending)
ඵ USFWS 10(a)(1)(A) Federal Recovery Permits
ඵ CDFW Scientific Collecting Permits
ඵ CDFW California Endangered Species Act (CESA)
and Native Plant Protection Act (NPPA) Permits
ඵ CDFW State-Listed Endangered, Threatened, and
Rare Plants Collection Permits
ඵ ISA Certified Arborists
ඵ Registered Professional Archaeologists
ඵ 40 Hour Hazardous Waste Operations and
Emergency Response Certifications
ඵ Qualified SWPPP Developers/Practitioners
ඵ Certified Inspectors of Erosion and
Sediment Control
ඵ Licensed General Engineering Contractor
ඵ Professional Engineers, California
ඵ Professional Geologists, California
ඵ Certified Hydrogeologists, California

EMERGENCY RESPONSE

SUPPORT SERVICES
Rincon provides emergency response support services for fire, earthquake, flood, landslide, release (e.g., oil spill, gas line break), and other natural and manmade disasters across California. Supported by a deep bench of related services, we leverage expertise with local, state, and federal agencies and regulations to deliver an immediate response when called upon by our clients. Our environmental, biological, engineering, and remediation professionals develop contingency plans prior to, and provide technical support in the wake of a disaster.

EDUCATION

rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon understands that educational institutions are routinely called upon to adapt to changes in policy, demographics and technology, with limited resources. Our vast experience in this industry has resulted in maximizing limited resources to deliver quality products to educational facilities that meet the changing needs of student bodies and the community.

EXPERTISE

COLLEGES AND UNIVERSITIES
Rincon has become an industry recognized expert
by successfully completing environmental analysis
and permitting process for multiple master plans,
campus enhancement, land acquisition, and
expansion projects throughout California. Changing
community college, college, and university
campuses involves a rigorous environmental review
process engaging multiple parties. To maximize the
effectiveness of the process under limited funding
sources, we encourage early participation by key
stakeholders and maintain close communication
with all parties involved.

SELECT CLIENTS
ඵ Ventura County Community College District
ඵ Marymount College
ඵ Biola University
ඵ California Institute of Technology
ඵ Claremont McKenna College
ඵ San Jose State University
ඵ California State University, Channel Islands
ඵ California State University, Bakersfield
ඵ University of California, Los Angeles
ඵ University of California, Riverside
K-12
School districts throughout California depend on Rincon to assist in planning for healthy and safe facilities.

We assist school districts by minimizing costs on
environmental consulting services without compromising
quality. Our professionals have expert knowledge
of school site suitability requirements established in
the California Education Code and California Code of
Regulations. Additionally, we have established working
relationships with the various state agencies involved in environmental review of these sites, including:
ඵ California Department of Education
ඵ California Department of Toxic Substances Control
ඵ Office of Public School Construction
ඵ Office of Environmental Health Hazard Assessment

SELECT CLIENTS
ඵ Ceres Unified School District
ඵ Fillmore Unified School District
ඵ William S. Hart High School District
ඵ Long Beach Unified School District
ඵ Marysville Joint Unified School District
ඵ Monterey Peninsula Unified School District
ඵ Oxnard Unified School District
ඵ Santa Ana Unified School District
ඵ Irvine Unified School District

EDUCATION

CONSTRUCTION MONITORING

rinconconsultants.com | (805) 644-4455
400+ employees in 13 offices throughout California
Carlsbad | Fresno | Los Angeles | Monterey | Oakland | Palm Springs | Riverside Sacramento | San Diego | San José | San Luis Obispo | Santa Barbara | Ventura Rincon provides construction and
mitigation monitoring for projects
involving biological resources, cultural
and paleontological resources,
hazardous materials management,
storm water compliance, and/or
other environmental concerns. Our
professionals aid the client with
maintaining compliance to avoid
escalating costs and project delays
associated with permit noncompliance.

We use state of the art technology to
control costs, streamline monitoring
efforts, and effectively manage
data. Our entire team, from project
managers to monitors, understands
how to work together with the
client and construction team to
think proactively, address problems
in advance, work efficiently, and
collaborate to ensure compliance
schedule and budget needs are met.

SELECT CLIENTS
Public Agencies
ඵ Caltrans
ඵ Metropolitan Water District
of Southern California
ඵ United Water
Conservation District
ඵ County of Ventura
ඵ City of San Diego
Developers
ඵ KB Homes
ඵ Olson Company
ඵ Western Pacific Housing
General Contractors
ඵ Kiewit
ඵ Granite
ඵ Blattner
Energy
ඵ First Solar
ඵ Recurrent Energy
ඵ Plains All American

SERVICES
ඵ Pre, During, and Post Construction Biological
and Cultural Resource Surveys
ඵ Rare, Threatened, and Endangered Plant and
Wildlife Species Surveys
ඵ Nesting Bird Surveys
ඵ California Rapid Assessment Method
for Wetlands
ඵ Worker Environmental Awareness Training
ඵ Certified Arborist Tree Surveys and Monitoring
ඵ Native American Consultation
ඵ Native American Monitor Training Programs
ඵ Environmental, Archaeological, Paleontological,
and Native American Monitoring
ඵ Storm Water Pollution Prevention Plan
Preparation and Implementation
ඵ Water Quality Sampling, Monitoring,
and Reporting
ඵ Rain Event Action Plan Preparation
ඵ Best Management Plan Implementation
and Inspection
ඵ Soil Management Plan Preparation
and Implementation
ඵ Hazardous Waste Characterization
ඵ Regulatory Agency Coordination

CONSTRUCTION MONITORING

Organization Chart
3

Jared Reed
Biological Resources
Jennifer DiCenzo
Paleontology
Bill Vosti
AQ/GHG/Noise
Stephanie Lopez
Wildfire
Breana Campbell-King
Archaeology and Tribal Resources
Torin Snyder, PG, CHG, TOR, QSD/P
Hazards
Lexi Journey
Sustainability, Public Outreach
Shannon Carmack
Historic Archaeology
Jennifer Jacobus
Water Resources
Taylor Freeman
Transportation
Wendy Worthy
Principal
Brenna Weatherby
Planning Program Director
Ryan Luckert
CEQA Project Manager

KEY STAFF/LEADS

Carlsbad
2215 Faraday Avenue
Suite A
Carlsbad, California 92008
760-918-9444
Fresno
7080 North Whitney Avenue
Suite 101
Fresno, California 93720
559-228-9925
Los Angeles
250 East 1st Street
Suite 1400
Los Angeles, California 90012
213-788-4842
Monterey
2511 Garden Road
Suite C-250
Monterey, California 93940
831-333-0310
Oakland
449 15th Street
Suite 303
Oakland, California 94612
510-834-4455
Palm Springs
777 East Tahquitz Canyon Way
Suite 200-127
Palm Springs, California 92262
760-203-5120
Riverside
11801 Pierce Street
Suite 200
Riverside, California 92505
951-405-0979
Sacramento
4825 J Street
Suite 200
Sacramento, California 95819
916-706-1374
San Diego
8825 Aero Drive
Suite 120
San Diego, California 92123
760-918-9444
San José
99 South Almaden Boulevard
San Jose, California 95113
408-577-3008
San Luis Obispo
1530 Monterey Street
Suite D
San Luis Obispo, California 93401
805-547-0900
Santa Barbara
319 East Carrillo Street
Suite 105
Santa Barbara, California 93101
805-319-4092
Ventura (headquarters)
180 North Ashwood Avenue
Ventura, California 93003
805-644-4455
Office Locations

City Council Meeting
Agenda Report
Agenda Item No. 18
SUBJECT: PUBLIC HEARING - ANIMAL CONTROL SERVICES
MEETING DATE: June 19, 2023
PREPARED BY: Will Kolbow, City Manager
Bonnie Johnson, Executive Advisor to the City Manager
RECOMMENDATION: Staff respectfully recommends that the City Council take the following actions:

1. Approve second reading of 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. Approve Agreement for Animal Control Field and Licensing Services between the City of Calimesa and the County of Riverside.

BACKGROUND/DISCUSSION: As you are aware, at your May 15, 2023, meeting, City Council approved Ordinance No. 390-U amending Title 6 - Animal, of the Riverside County Code as the City’s Animal Control Ordinance, amending the Calimesa Municipal Code (CMC) and declaring the urgency thereof. The urgency ordinance will allow the appropriate CMC amendments to take effect July 1, 2023, in accordance with the proposed agreement with the County of Riverside which is part of tonight’s recommended action. In addition, at the May 15th meeting, the City Council introduced (regular) Ordinance No. 390 which, if approved tonight, would ultimately take effect on July 19, 2023. However, prior approval of Ordinance 390-U (Attachment C to this Staff Report – for reference only), as well as approval of the proposed agreement (Attachment A to this Staff Report) will allow the County of Riverside to assume animal control services within our City boundary effective July 1, 2023.

By way of background, in 2010, although the City had previously contracted with the County of Riverside for animal control services, due to a substantial increase in cost, the City decided to contract with the City of Beaumont for Animal Control Services. The City of Beaumont began providing Animal Control Field Services on July 1, 2010. The City of Beaumont, as necessary, is transporting animals to the Ramona Humane Society. The City has continued to contract with Beaumont for these services since that time.

However, in August 2022, the City received formal notification from Beaumont that the contract would not be renewed and services would be ending on July 1, 2023. Since that time, Staff has spent a great deal of time vetting possible alternative contract services. This included:
• A possible contract with the City of Banning

• A possible contract with the Ramona Humane Society
• A possible contract with the County of Riverside
Based upon availability of services effective July 1st, as well as current capacity to provide services, Staff is recommending a contract with the County of Riverside. Staff has met with Erin Gettis, the County’s Director of Animal Services, and members of her team. Staff is confident that the County has the knowledge and resources to provide the required services. It should be noted, however, the County is currently not operating its San Jacinto campus for sheltering services. As such, Calimesa animals would be sheltered in Thousand Palms. This is not an ideal situation, and Staff will continue to work with the County in hopes of closer sheltering services in the future. It should be noted that the Riverside County Animal Control Services Department has proposed a re-opening of the San Jacinto facility as part of their proposed Fiscal Year 2023-24 budget.

Salient contract provisions include:
• Term: Term shall be from July 1, 2023 to June 30, 2024. Any extension of service will require subsequent Council and Board approval.
• Compensation: Rates may be adjusted with a minimum of 60 days’ notice from the County. • Termination: Either Party may terminate contract with 180 days’ notice. • Services will be provided on an “on-call” basis.
• Optional Services include spay/neuter clinic and outreach events.

The County requires that the City adopt as its own animal control ordinance the County animal control provisions found in Title 6, Animals, of the Riverside County Code. Accordingly, Staff has prepared an ordinance that will adopt by reference Title 6, Animals, as in effect on May 1, 2023.

Because the proposed ordinance adopts another code by reference, State law requires that the City Council hold a public hearing on the ordinance after first reading (which took place on May 15, 2023), which is the converse of the usual process. Accordingly, the public hearing occurs in conjunction with the second reading of the ordinance. In addition, State law requires the City Clerk to keep on file a physical copy of the County Code that is to be adopted by reference for at least 15 days before the public hearing. Because an ordinance is effective 30 days after second reading, the effective date of the ordinance will not occur until after July 1. That is why Staff is recommended and the City Council approved an urgency ordinance so the County can effectively provide services on July 1, 2023. The County Board of Supervisors will be considering this approval of the proposed contract prior to June 30, 2023.

In addition, please note that the recommended Ordinance has been reviewed for consistency with the City’s current Zoning code as well as applicable State laws. As such certain amendments to the County’s Ordinance have been included in the recommended Ordinance.

FISCAL IMPACT: The current contract with the City of Beaumont is a flat annual fee of $48,289. The estimate for the fiscal year 2023-24, based upon the proposed contract with the County, is $61,000.

This includes an estimated $55,000 for field and sheltering services and an estimated $6,000 for annual spay/neuter and licensing clinics. This amount was included in the recently adopted fiscal year 2023- 24 Budget.

ATTACHMENTS:

Attachment A: Animal Control Field and Licensing Services Agreement (reference only – will be considered for adoption at the Public Hearing for 2nd reading of Ordinance no. 390.) Attachment B: Ordinance No. 390
Attachment C: Urgency Ordinance No. 390-U
(reference only – already approved on May 15, 2023.)
Attachment D: Riverside County Animal Control Ordinance (Title 6 - Animals)

AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES

BETWEEN THE CITY OF CALIMESA AND THE COUNTY OF RIVERSIDE

THIS AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into by and between the CITY OF CALIMESA, a municipal corporation (“CITY”), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”), collectively referred to as “PARTIES” and individually as a “PARTY”, on terms and provisions set forth below.

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal control field and shelter services for the purpose of safeguarding the health and safety of CITY’s population and the health and safety of its domestic animals;
WHEREAS, the PARTIES desire to promote the humane treatment of animals; WHEREAS, COUNTY has the personnel and experience to provide field and shelter services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and
NOW, THEREFORE, the PARTIES hereto mutually agree as follows:

1. COUNTY OBLIGATIONS:

CITY hereby retains COUNTY and COUNTY hereby agrees to operate an animal control field and shelter services program for CITY within the corporate limits of the City of Calimesa for compensation and subject to the terms and conditions set forth herein. COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of Animal Control Field Services, and Exhibit B, Scope of Animal Shelter Services (“Shelter”), attached hereto and incorporated herein by this reference.

2. PERIOD OF PERFORMANCE (“TERM”):

The Effective Date of this Agreement shall be July 1, 2023 and shall terminate on June 30, 2024, unless terminated earlier as provided herein under Section 8, Termination. Any extension or renewal of this Agreement will require subsequent action by the City Council and County Board of Supervisors.

3. COMPENSATION:

CITY shall reimburse COUNTY for the services performed and the expenses incurred in accordance with the terms of Exhibit C, Payment Provisions, attached hereto and incorporated herein by this reference, subject to any applicable rate changes adopted by COUNTY’s Board of Supervisors. Prior to any applicable rate changes by COUNTY’s Board of Supervisors during the Term of this Agreement, COUNTY shall notify CITY in writing sixty (60) days prior to the adoption of any rate changes effecting CITY’s residents. COUNTY shall notify CITY of possible overages above the budgeted overtime costs set forth in Exhibit C in advance of any expenditure and obtain CITY’s written consent. If COUNTY does not obtain prior written consent, COUNTY shall bear the cost of any overages of overtime incurred over the budgeted amount of $100,000.

4. PERSONNEL:

CITY hereby appoints the Director of Animal Services as the Animal Control Director for CITY with all powers, duties, and obligations of Animal Control Director as set forth in Title 6 of the Calimesa Attachment 18A

Municipal Code and under State law. COUNTY shall assign the contractual number of animal control field personnel to perform the duties as Animal Control Officers of CITY in accordance with Exhibit C of this Agreement. All field personnel shall by COUNTY employees and assigned solely to field services operations within the corporate limits of the CITY.

5. AVAILABILITY OF FUNDING:

The obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY’s costs. In the event that such funds are not forthcoming for any reason, CITY shall notify COUNTY in writing within five (5) business days. COUNTY shall be entitled to reimbursement of costs for work performed, in accordance with Exhibit C.

6. HOLD HARMLESS/INDEMNIFICATION:

I. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

II. With respect to any action or claim subject to indemnification herein by CITY,CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein.

CITY’s obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

III. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY’s obligations to indemnify and hold harmless COUNTY from third party claims.

IV. COUNTY shall indemnify and hold harmless the City of Calimesa, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees,

subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the City of Calimesa, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

V. With respect to any action or claim subject to indemnification herein by COUNTY,COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein.

COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

VI. The specified insurance limits required in this Agreement shall in no way limit or circumscribe COUNTY’s obligations to indemnify and hold harmless CITY from third party claims.

7. INSURANCE:

COUNTY agrees to maintain the following insurance coverage during the term of this Agreement and any extensions thereof:

A. Workers’ Compensation:

COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident.

B. Commercial General Liability:

COUNTY shall maintain Commercial General Liability insurance coverage for claims which may arise from or out of COUNTY’s performance under this Agreement, to protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Agreement. This coverage shall have a limit of liability not less than $1,000,000 per occurrence combined single limit.

C. Vehicle Liability:

COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement, including accidental death to any person and property damage, arising from COUNTY’s performance under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.

D. General Insurance Provisions - All lines:

I.Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8).

II.The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance.

III.Copies of all policies or certificates of insurance or self-insurance shall be filed with

the City and shall include the City as an additional insured.

IV.Said policies or certificates shall provide for thirty (30) days written notice to City prior to reduction in coverage or cancellation.

8. TERMINATION:

I. Either PARTY may terminate this Agreement, with or without cause, upon one hundred eighty (180) days advance written notice served upon the other PARTY stating the extent and effective date of termination.

II. Upon receipt of either PARTY of a notice of termination, COUNTY shall stop work under this Agreement on the date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for the services provided and expenses incurred to the date of termination in accordance with this Agreement.

9. FORCE MAJEURE:

If either PARTY is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such PARTY shall not be held liable for such failure to comply, provided the other PARTY receives written notice of such force majeure event no later than thirty (30) days from the date such event commenced.

10. AMENDMENTS:

Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the PARTIES hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY’s City Council. Any amendments shall be presented to CITY’s City Manager prior to CITY’s City Council approval.

This Agreement, including any exhibits, constitutes the entire Agreement of the PARTIES with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

11. SEVERABILITY:

If any provision or part thereof in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions or part thereof will nevertheless continue in full force without being impaired or invalidated in any way.

12. RECORDS:

COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles, COUNTY’s adopted records policies, and State law. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY’s City Manager, or designated representative, upon written notice to COUNTY.

13. NO THIRD PARTY BENEFICIARY:

This Agreement between CITY and COUNTY is intended for the mutual benefit of the two signing PARTIES only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.

14. NONDISCRIMINATION:

COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity, and veteran or military status in the performance of this Agreement; and, to the extent they shall be found to be applicable, COUNTY shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

15. DISPUTE RESOLUTION AND VENUE:

I. The PARTIES shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the PARTIES.

II. Prior to filing any legal action related to this Agreement, the PARTIES may attend a mediation session in Riverside County before a neutral third party mediator, where it is agreed that the dispute is appropriate for mediation. The PARTIES shall share the cost of the mediation.

III. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the PARTIES waive any and all provisions of law providing for a change of venue to another location. PARTIES shall each bear their own costs, including attorneys’ fees.

16. ASSIGNMENT:

This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by COUNTY without the prior written consent and approval of CITY. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.

17. NOTICES:

All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective PARTIES at the addresses set forth below, or to such other address(es) as the PARTIES may hereinafter designate in writing, and shall be deemed submitted two (2) day after their deposit in the United States Mail, postage prepaid:

COUNTY: CITY:

Department of Animal Services City of Calimesa
Attention: Director Attention: City Manager
6851 Van Buren Boulevard 908 Park Avenue
Jurupa Valley, CA 92509 Calimesa, CA 92320

18. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s City Manager, or designated representative.

19. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed to be an

original but all of which together will constitute one and the same instrument.

[Intentionally Blank]
[Signatures on Following Page]

IN WITNESS WHEREOF, the PARTIES hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
By: _ _______________________
Kevin Jeffries, Chairperson
Board of Supervisors
Dated:_________________

CITY OF CALIMESA,
a municipal corporation
By: _ _______________________
William Davis
Mayor
Dated:_________________
ATTEST:

By: _ _______________________
Kimberly Rector
Clerk of the Board
ATTEST:

By: _ _______________________
Darlene Gerdes
City Clerk
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By: _ _______________________
Bruce G. Fordon
Deputy County Counsel
APPROVED AS TO FORM:

Quinn Barrow
City Attorney
By: _ _______________________
Quinn Baroow
City Attorney

CITY OF CALIMESA

EXHIBIT A

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following animal control field services for the City of Calimesa (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit A below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Title 8 of the Calimesa Municipal Code (“Title 8”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Return of Impounded Animals: Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.9 Kennels and Catteries: COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 8 and collect fees in connection therewith.

1.10 Issuance of Warnings and Citations: Enforce all appropriate provisions of Title 8 of the Calimesa Municipal Code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.11 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.

1.12 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services: The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. County shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals: COUNTY shall file a report with the appropriate law enforcement agency within twenty four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories:

Emergency and Non-Emergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is exceptional, as defined in Section

5.4 of this Exhibit A, it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to

considerations involving the time of day, traffic conditions, or other circumstances.

An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit A. Field service personnel shall be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit A.

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests forservice.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a case-by-case basis, authorize variations of priority when circumstances require.

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports.

CITY OF CALIMESA

EXHIBIT B

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of Calimesa (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location: The COUNTY shall maintain CITY’s animals at the Coachella Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense. f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by-animal basis.

This log shall include whether the animal was unhealthy and/or unsuitable for adoption. g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement.

COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition.

COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or involved in a bite investigation.

Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate.
a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case by case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY, or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival to the Shelter. Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers in an effort to reunite animals in the field.

14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be

applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped. Once cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelterrelated activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29. RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations.

Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints.

COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

30. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain ten dollars ($11.35) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum total of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section III. Compensation. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database.

D. COMPENSATION

1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $20 per animal, per day for horses and cattle, and $12 per animal, per day for swine, goats and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals

seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine.

The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collectionall fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and adoption of animals through its own educational outreach, and through its own social media pages. If requested by CITY, the daily flat rates for educational outreach events, vaccination clinics or spay/neuter clinics shall be billed based actual outreach days scheduled at the rates below:
a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use. b. Education Outreach Event: The cost to staff an outreach event for the purpose of educating CITY constituents. The outreach events are billed on actual use. //
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CITY OF CALIMESA

EXHIBIT C

PAYMENT PROVISIONS
City of Calimesa (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Estimated /On-Call
Usage* 188 $170.15/hour $31,988 $2,666
Animal Sheltering 46 $34.10/day x 10-day avg. $15,686 $1,307 O&M 46 $12.53/impound $576 $48
License Processing*** 307 $11.35 per license $3,484 $290 Total Estimated Cost** $51,734/FY $4,311/month
* Actual cost may vary based on on-call usage.
**Rates are subject to change as adopted by the Board of Supervisors. ***License processing cost may vary based on number of licenses sold. County shall retain $11.35 for each license sold, and remaining balance of license will be credited back to the City on a monthly basis.

Sheltering:

Animal Sheltering costs at the Coachella Valley Animal Campus is $34.10 per kenneling day, and it would be billed based on actual usage. The estimate provided is based on statistics provided by City and is based on an average kennel stay of 10 days.

Operational and Maintenance (O&M):

O&M is charged at $12.53 per stray dog or cat impound.

Livestock and Other Impound Fees:

Large Animal Sheltering @ $20/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use)
Large Animal Sheltering @ $12/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use)
Wildlife impound fee: $138 per impound
Deceased animal pickup fee: $70 per animal
Optional Services
Daily flat rates education outreach and shot clinics will be billed based on actual outreach days scheduled.

Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Outreach event:
$2,553 per event flat rate billed on actual use**
(The cost to provide 3 staff, 9 hours each, OT rates used due to limited staffing levels – supplemented by volunteers.)
Shot Clinic or Spay and Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide 3 clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by City.)
**Rates are subject to change as adopted by the Board of Supervisors.

1 ORDINANCE NO. 390

AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING BY
REFERENCE TITLE 6, ANIMALS, OF THE RIVERSIDE COUNTY CODE AS THE CITY’S ANIMAL CONTROL ORDINANCE, AMENDING THE

CALIMESA MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

A. The City of Calimesa (“City”) has approved an agreement with the County of Riverside for Animal Control Field and Licensing Services that will go into effect on July 1, 2023. The County requires the City to adopt Title 6 of the Riverside County Code of Ordinances in order for the County to provide animal control field and licensing services.

B. California Government Code Section 50022.2, et seq. authorizes the adoption by reference of county and State Codes.

C. A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.

D. At least one (1) copy of Title 6 of the Riverside County Code of Ordinances, certified as full, true and correct, has been filed in the office of the City Clerk of the City of Calimesa in accordance with the provisions of California Government Code Section 50022.6.

E. All legal prerequisites to the adoption of this Ordinance have occurred.

Section 2. Chapter 6.05 (Animals) of Title 6 (Animals) of the Calimesa Municipal Code is hereby repealed.

Section 3. A new Chapter 6.05 (Animals) is hereby added to Title 6 (Animals) of the Calimesa Municipal Code to read as follows:
“6.05.010 Adoption of County of Riverside ordinance by reference.

Title 6, Animals, of the Riverside County Code, as amended and in effect on May 15, 2023, is hereby adopted by reference as the “Animal Control Ordinance” of the City of Calimesa subject to certain amendments and deletions as hereinafter provided.

A copy of Title 6, Animals, of the Riverside County Code, in effect on May 15, 2023, Attachment 18B

2 has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public.

6.05.020 Definitions.

Notwithstanding the provisions of Section 6.05.010, the following words and phrases used in the Animal Control Ordinance are defined as follows:

A. County of Riverside shall mean the City of Calimesa, except where the County of Riverside is the correct notation due to circumstances.

B. “County Ordinance No. 348” shall mean and refer to Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”).

C. Department shall mean the County of Riverside Department of Animal Services.

D. Riverside County Planning Department shall mean the Community Development Department of the City of Calimesa.

E. Unincorporated Area or Unincorporated Area of the County of Riverside shall mean the area of the City of Calimesa in its true geographical location.

6.05.030 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, Chapter 6.05 (Crowing Roosters) is hereby deleted in its entirety.

6.05.040 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, Chapter 6.06 (Mandatory Altering and Licensing of Miniature Pigs) is hereby deleted in its entirety.

6.05.050 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, the following definitions set forth in Section 6.08.010 are hereby deleted from the Animal Control Ordinance: Class II Kennel, Class III Kennel and Class IV Kennel.

6.05.060 Animal Control Ordinance Amended - Amendments. Notwithstanding the provisions of Section 6.05.010, the definitions of Cattery and Class I Kennel set forth in Paragraph F and G of Section 6.08.010 (Definitions) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:

F. “Cattery.” Any lot, building, structure, or premises upon or in which four or more cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

3 G. “Kennel.” Any lot, building, structure, or premises upon or in which four or more dogs over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

6.05.070 Animal Control Ordinance Amended - Amendments. Notwithstanding the provisions of Section 6.05.010, Paragraphs A, B and C of Section 6.08.050 (Mandatory licensing of kennels and catteries) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:

A. Any person maintaining four or more dogs, four months of age or older, shall obtain the appropriate kennel license as required by the Department. Any person maintaining four or more cats, four months of age or older, shall obtain a cattery license from the Department.

B. No person shall operate or maintain or be provided a permit from the Department for a kennel or cattery, as defined in section 6.08.010 of this chapter, without first obtaining a valid conditional use permit from the City of Calimesa Community Development Department pursuant to the applicable provisions of the Zoning Code of the City of Calimesa set forth in Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”). If the Calimesa Zoning Code prohibits such facilities in a specific zone or the Calimesa Zoning Code is silent on whether such facilities may be maintained, the use is not permitted and no license under 6.08.050 may be issued by the Department.”
C. Application for a kennel or cattery license shall be filed with the director on a form prescribed by him/her not later than ten (10) days after obtaining a valid conditional use permit from the City of Calimesa. Said application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to:’

1. The verification in the form of a conditional use permit issued by the City of Calimesa that the operation of the kennel or cattery is in compliance with Calimesa Zoning Code;

2. The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery;

3. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.

The applicant shall pay the kennel fee that is commensurate with the number of dogs

4 described in the Department’s license fee schedule in Section 6.08.240. A kennel with four dogs shall pay the Class I license fee.

6.05.080 Animal Control Ordinance Amended - Additions. Notwithstanding the provisions of Section 6.05.010, a new Section 6.04.160 is hereby added to Chapter

6.04 (Animals General) of Title 6 (Animals) to read as follows:

6.04.160. Animal Keeping Requirements.

Any property where animals are kept shall comply with the all the applicable requirements of this Title 6 and Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code as it relates to the keeping of animals.

6.05.090 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, the following paragraph (E) is hereby added to Section

6.08.120 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

E. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:

1. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under state or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such state law or local ordinance violations include, but are not limited to, the following: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code Section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals.

2. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection 1., the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

6.05.100 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, the following paragraph (H) is hereby added to Section

6.08.125 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

H. Violations and penalties. Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor and subject to the same criminal,

5 civil and administrative fines, penalties and costs, including all rights to appeal, as enumerated Riverside County Ordinance ("RCO") No. 630, including any amendments to RCO No. 630 that may occur from time to time.

6.05.110 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.08.200 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

6.08.200 - Violations.

In addition to the remedies and penalties contained in this chapter, any person violating any provision of the Animal Control Ordinance shall be guilty of an infraction, unless otherwise stated in such county animal control ordinances, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation; a fine not to exceed two hundred dollars ($200.00) for the second violation within one year; or a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

A. Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten (10) business days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the director through their written, signed agreement and paying an administrative fee in an amount as set forth in Section 6.06.240 of this chapter.

B. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment.

6.05.120 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.08.220 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

6.08.220 - Administrative citations and penalties.

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of county animal control ordinances. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

6 A. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a county animal control ordinance, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of Section 6.08.050 (mandatory licensing of kennels and catteries) prior to written notice of violation being issued.

B. Content of citation. The administrative citation shall be issued on a form approved by county counsel and shall contain the following information:

1. Date, location and approximate time that the violation was observed;

2. The ordinance violated and a brief description of the violation;

3. The amount of the administrative penalty imposed for the violation;

4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within the required time period;

5. Instructions on how to appeal the citation;

6. The signature of the animal control officer.

The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

C. Service of Citation.

1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked "unclaimed" and/or "refused," then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.

2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.

3. The failure of a copy of the administrative citation being received by the responsible party shall not affect the validity of the proceedings.

D. Administrative penalties.

7 1. The penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts:
i. One hundred dollars ($100.00) for a first violation; ii. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
iii. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

2. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of penalty shall increase at the rate specified above.

3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

4. The penalties assessed shall be payable to the County of Riverside Department of Animal Services.

5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

E. Administrative appeal of administrative citation.

1. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation set forth in subsection C. above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation.

The notice of appeal shall be submitted on county forms and shall contain the following information:
i. A brief statement setting forth the appellant's interest in the proceedings;
ii. A brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
iv. The notice of appeal must be signed by the appellant; v. A check or money order is required, as a deposit, for the total penalty amount shown on the front side of the citation, before the Administrative Appeal will be scheduled;

8 vi. Indigence must be proved to have the deposit waved.

2. Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:
i. Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing.
ii. The administrative hearing regarding the administrative citation shall be held before the animal services director, or his designee. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. The director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations. iii. Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be admitted as prima facie evidence of the facts stated therein.

The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his determination based on the information contained in the notice of appeal.
iv. Hearing officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instruction for obtaining review of the decision by the superior court.

F. Review of administrative hearing officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the superior court as set forth in this section.

1. Notice of appeal. Within twenty (20) days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the superior court. The appeal fee for filing the notice of appeal shall be in an amount as set forth in section 6.08.240 of this chapter. The failure to file the written appeal and to pay the filing fees within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the department of animal services by the contestant.

2. Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other

9 subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within fifteen (15) days of the request.

3. Judgment. The court shall retain the appeal fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the department of animal services. Any deposit of the fine or penalty shall be refunded to the department of animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.

6.05.130 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.12.120 is hereby added to Chapter 6.12 (Abandoned, Neglected and Cruelly Treated Animals) of Title 6 (Animals) to read as follows:

6.12.120 - Violation—Penalty.

Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the City of Calimesa, without proper care or attention shall be guilty of an infraction or misdemeanor as hereinafter specified.

Such individual shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any individual convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation.

The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

6.05.140 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.20.150 is hereby added to Chapter 6.20 (Noisy Animals) of Title 6 (Animals) to read as follows:

6.20.150 - Administrative citations and penalties.

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for failure to comply with an administrative abatement order of the administrative

10 hearing officer. The procedures set forth in Section 6.08.220 shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

6.05.150 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.24.090 is hereby added to Chapter 6.24 (Burros) of Title 6 (Animals) to read as follows:

6.24.090 - Violation.

A. An administrative citation, infraction, or other such authorized penalty may be issued to any person in violation of this chapter.

B. An infraction is punishable by;

1. A fine not to exceed one hundred dollars ($100.00) for the first violation;

2. A fine not to exceed two hundred dollars ($200.00) for the second violation within one year;

3. A fine not to exceed five hundred dollars ($500.00) for each additional violation within one year.

C. The administrative penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts.

1. One hundred dollars ($100.00) for a first violation;

2. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;

3. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

D. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of the chapter of the county is committed, continued or permitted by any such person, and such person shall be punishable accordingly.

E. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

F. The penalties assessed shall be payable to the county department of animal services.

G. A citation is to issue and be processed in compliance with Section

6.08.220.”

11 Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be posted and published in the manner required by law.

INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 15th day of May 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED and ADOPTED upon the following roll call vote, this 19th day of June, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
________________________________________

QUINN BARROW, CITY ATTORNEY

Attachment 18C

Attachment 18D

City Council Meeting
Agenda Report
Agenda Item No. 19
SUBJECT: RESOLUTION NO. 2023-34 – A RESOLUTION OF NECESSITY

FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN

REAL PROPERTY INTEREST FOR PUBLIC PURPOSES IN

CONNECTION WITH THE COUNTY LINE ROAD

TRANSPORTATION CORRIDOR PROJECT
MEETING DATE: June 19, 2023
PREPARED BY: Margaret Monson, Public Works Director
Will Kolbow, City Manager
RECOMMENDATION: That the City Council:

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

2. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt, by a 4/5ths vote of the entire City Council, Resolution No. 2023-34, A Resolution of the City Council of the City of Calimesa, California, declaring certain real property interest necessary for public purposes and authorizing the acquisition thereof in connection with the County Line Road Transportation Corridor Project (Permanent Road Easement On APN 410-030-041).

3. Authorize the City Attorney’s office to file eminent domain proceedings to acquire the real property interest described below, which consists of a permanent road easement (“Subject Property Interest”) in the parcel described below:
301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) • An approximate 1,060 square foot permanent road easement for public street, highways and related purposes, and all uses necessary or convenient thereto of the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-041 (referred to as “7-Eleven Parcel”). The property is owned by 7-Eleven, Inc., a Texas corporation.

The Subject Property Interest, comprised of the above-described permanent roadway easement and reciprocal access easement, are described more particularly in the respective Resolution of Necessity. The Resolution of Necessity with Exhibits are attached hereto and incorporated herein by this reference.

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

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

DISCUSSION: The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of certain real property interest in connection with the City’s proposed County Line Road Transportation Corridor Project (“Project”). The proposed Project requires the acquisition of additional right of way for the proposed street improvements from three properties located in the City of Calimesa. The City has already acquired a fee simple interest in the Gayle Property, located at 625 W. County Line Road. The proposed Project requires permanent easements on portions of two properties, one of which is referred to as the 7-Eleven Parcel, which is the subject of this report. The proposed Project will construct a single lane roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference.

The Project requires the acquisition of right of way from three properties in Calimesa and three properties in Yucaipa, which will be acquired by the City of Yucaipa, for public street, highways and related purposes, and all uses necessary or convenient thereto. The City has already acquired a full fee interest in one property in connection with the proposed Project and now seeks to acquire a permanent easement and impacted site improvements required for the Project on a portion of the Parcel owned by 7-Eleven, Inc.. The City has attempted to negotiate in good faith with the owner of the 7-Eleven Parcel to acquire the above-described Subject Property Interest, but the parties have not reached a negotiated acquisition. Based on the timing of the Project, it is necessary that the City consider the proposed Resolution of Necessity at this time.

The City seeks to acquire the Subject Property Interest for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve capacity, circulation, and enhance the safety of pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when

considering the long-term maintenance costs associated with traffic signal equipment and utility costs.

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of permanent easements over portions of two parcels owned by private property owners in the City of Calimesa in addition to the fee interest already acquired in a third property. At a future date, staff may present a staff report regarding the easement over the second parcel, but that easement is not included within the recommended action at this time. The City’s acquisition of the property interest required from 7-Eleven. Inc. for the Project is not anticipated to result in the displacement of persons or personal property. As a result, no commercial relocation assistance will be needed. The City will coordinate the construction of the Project with the owner of the property interest to minimize the impact of construction on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

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

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

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

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

The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity.

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

The City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program.

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

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

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

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

Following is a summary of the actions taken by the City pursuant to Government Code Section 7260 et seq.
301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the permanent roadway easement in the 7-Eleven Parcel that the City seeks to acquire for public use, namely public street, highways and related purposes. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on April 18, 2023 to the property owner, 7-Eleven, Inc., a Texas corporation, as well outside legal counsel for 7-Eleven. The fair market value appraisal used a date of value of March 8, 2023.

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

Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the 7- Eleven Parcel. It explained the applicable zoning and General Plan designation of the 7-Eleven Parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser.

Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the 7-Eleven Parcel.

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

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by firstclass mail dated April 18, 2023 to the record owner of the Subject Property Interest the City seeks to acquire informing it of the City’s intent to consider at its June 19, 2023 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interest from the 7-Eleven Parcel. The notices advised the record owner of its right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing, within fifteen days of the date the notice was mailed, a written request with the City to appear at the hearing. The notice specifically informed the record owner that it has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interest the City seeks to acquire from the owner of record is necessary for the Project.

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

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

REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Project The Project, as planned and designed, is in the public interest and necessity and is needed to improve traffic circulation and efficiency in this area of the City. The proposed Project will construct a roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will widen portions of the road to the intersection, replace the existing four-way stop with a raised circular center island in the intersection, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic

congestion in the area and improve ingress and egress for adjoining properties and side streets.

The design is intended to ease travel through Calimesa and improve circulation and safety.

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

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan. The City seeks to acquire the Subject Property Interest for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists in the area of the intersection of 3rd Street and West County Line Road. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represent a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. The Project will mutually benefit the Cities of Yucaipa and Calimesa.

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of permanent easements over portions of two parcels owned by private property owners in the City of Calimesa in addition to the fee interest already acquired in a third property. The City’s acquisition of the remaining outstanding property interests required for the Project is not anticipated to result in the displacement of persons or personal property. As a result, no commercial relocation assistance will be needed. The City will coordinate the construction of the Project with the owner of the property interest to minimize the impact of construction on the parcels.

Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

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

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to improve traffic circulation and efficiency in this area of the City. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant

intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan. The proposed Project will construct a roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will widen portions of the road to the intersection, replace the existing four-way stop with a raised circular center island in the intersection, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets.

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of certain property interests, including a permanent easement over a portion of a parcel owned by 7-Eleven, Inc. in the City of Calimesa. The City’s acquisition of the property interest required for the Project is not anticipated to result in the displacement of persons or personal property. As a result, no commercial relocation assistance will be needed. The City will coordinate the construction of the Project with the owner of the property interest to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

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

C. The Subject Property Interest Described in the Resolution of Necessity are Necessary for the Project
The City seeks to construct the Project, as planned and designed, to improve traffic circulation and efficiency in this area of the City. The proposed Project will construct a roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will widen portions of the road to the intersection, replace the existing four-way stop with a raised circular center island in the intersection, and complete minor sidewalk and drainage improvements, as required. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The proposed Project will

reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets.

The City cannot construct the Project without the acquisition of the following Subject Property Interest, which are described more particularly in the Resolution of Necessity:
301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) • An approximate 1,060 square foot full permanent road easement for public street purposes and improvements thereon of the real property located at 301 W. County Line Road, Calimesa, California, and further identified as Riverside County tax Assessor’s Parcel Number 410-030-041. The property is owned by 7-Eleven, Inc., a Texas corporation.

As stated above, the public use for which the City seeks to acquire the Subject Property Interest, namely public street, highways and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510).

Further, the Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interest, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the Subject Property Interest it seeks to acquire from the 7-Eleven Parcel
The City, pursuant to Government Code Section 7260 et seq., obtained a fair market value appraisal of the Subject Property Interest, set just compensation in accordance with the fair market value, and extended a written offer to the owner of record of the Subject Property Interest. As detailed above, the City extended to the owner of record of the Subject Property Interest a written offer pursuant to Government Code Section 7267.2 to acquire the Subject Property Interest for public use, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto.

Specifically, the City extended a written offer to the following record owner of the Subject Property Interest:
• The City extended a written offer to 7-Eleven, Inc., a Texas corporation to purchase an approximate 1,060 square foot permanent road easement and site improvements thereon of the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-41 for public street, highways, and related purposes.

Incorporation of Above-Referenced Documents:

The following documents on file with the City Clerk’s Office and/or the Public Works Department, which are referenced in this report, are incorporated herein by this reference:
• Resolution of Necessity (attached hereto)
• City of Calimesa General Plan
• Offer letters to the record owner of the Subject Property Interest • Notices pursuant to Code of Civil Procedure Section 1245.235 to record owner of the Subject Property Interest
• Street Improvement Plans for Project
• Environmental Documents relating to Project
ATTACHMENTS:

Attachment A: Proposed Resolution of Necessity No. 2023-34 Attachment B: Letter submitted by Douglas Gravelle for 7/11 Property

RESOLUTION 2023-34

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

CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS

NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE COUNTY LINE

ROAD TRANSPORTATION CORRIDOR PROJECT (PERMANENT
ROAD EASEMENT ON APN 410-030-041)
WHEREAS, the City of Calimesa (“City”) is a municipal corporation in the County of Riverside, State of California; and
WHEREAS, the City seeks to construct the County Line Road Transportation Corridor Project (“Project”) to improve circulation in this area of the City. The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). Pursuant to Section 15063 of Article 19 of the State CEQA Guidelines, City Staff determined that the Project would not have a significant effect on the environment through adherence to City standards and practices. In addition, the Project’s potential environmental impacts were reduced to a less than significant level through the imposition of Mitigation Measures. The City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program. On or about May 17, 2022, the City duly filed the Mitigated Negative Declaration with the County of Riverside in accordance with CEQA; and
WHEREAS, in connection with the proposed Resolutions of Necessity, on June 19, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental Attachment 19A

analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest (defined below).

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

SECTION 1. The Calimesa City Council adopts Resolution 2023-34, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Permanent Road Easement on APN 410-030-041).

SECTION 2. The City seeks to acquire by eminent domain the real property interests described below in Section 3 of this Resolution for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the County Line Road Transportation Corridor Project (“Project”) pursuant to the authority conferred on the City of Calimesa to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 1,060 square foot permanent road easement, and improvements thereon, of the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-041 (“Subject Property” or “7-Eleven Parcel”) in connection with the Project. The Subject Property is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

SECTION 4. The environmental effects of the acquisition of the Subject Property were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on June 19, 2023, City staff reviewed the environmental documentation prepared in connection with the Project.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis.

These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property.

SECTION 5. The Project, as planned and designed, is in the public interest and necessity and is needed to improve traffic circulation and efficiency in this area of the City as more fully explained below:

A. The proposed Project will construct a single lane roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation.

B. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan. The City seeks to acquire the Subject Property for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs.

D. The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of permanent easements over portions of two parcels owned by private property owners in the City of Calimesa in addition to the fee interest already acquired in a third property. The City’s acquisition of the remaining outstanding property interests required for the Project is not anticipated to result in the displacement of persons or personal property. As a result, no commercial relocation assistance will be needed. The City will coordinate the construction of the Project with the owners of the property interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the 7-Eleven Parcel which the City seeks to acquire for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto.

B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on April 18, 2023 to the property owner, 7-Eleven, Inc., a Texas corporation, as well as outside legal counsel for 7-Eleven. The fair market value appraisal used a date of value of March 8, 2023.

C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owners’ rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the Subject Property. It explained the applicable zoning and General Plan designation of the Subject Property. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property.

SECTION 7. The City provided written notice to the owner of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property by eminent domain.

SECTION 8. The public use for which the City seeks to acquire the Subject Property, namely public street, highways and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property, namely public street, highways and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the area of the Subject Property that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property described more particularly in Exhibit “A” and depicted on Exhibit “B” hereto, is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property the City seeks to acquire.

SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owners and or the owners’ representative(s). These documents include, but are not limited to the City of Calimesa General Plan, the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the Resolution of Necessity, Street Improvement Plans for the Project, and the Mitigated Negative Declaration for the Project.

SECTION 11. The City Council of the City of Calimesa hereby authorizes and directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire a permanent road easement in the Subject Property for the Project. The Subject Property is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.

SECTION 12. The City Council of the City of Calimesa hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of June, 2023. ________________________

WILLIAM DAVIS, MAYOR
ATTEST:

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:

QUINN BARROW, CITY ATTORNEY

RICHARDS, WATSON & GERSHON

Attachment 19B

City Council Meeting
Agenda Report
Agenda Item No. 20
SUBJECT: ESTABLISHMENT OF AN AD-HOC COMMITTEE TO REVIEW

SHERIFF SERVICES AS CONTRACTED WITH RIVERSIDE
COUNTY
MEETING DATE: June 19, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Will Kolbow, City Manager
RECOMMENDATION: That the City Council form a Sheriff Services Ad-Hoc Committee to work with staff to review Sheriff services as contracted with Riverside County.

BACKGROUND: The City of Calimesa currently contracts with the County of Riverside for Sheriff services. At the June 5, 2023 meeting Council Member Manly requested the Council consider the establishment of a Sheriff services Ad-Hoc Committee of the City Council. There was Council consensus to place the item on the June 19, 2023 meeting for discussion and consideration.

Upon Council establishment of the committee and selection of its members, the attached 2023 Regional Appointments listing will be updated.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: 2023 Regional Appointments listing

City Council Committee Assignments &
Appointments to Regional Organizations
Pursuant to the December 19, 2022 City Council Review
REGIONAL ORGANIZATION APPOINTMENTS:

RCA – Riverside Conservation Authority – 1
st Monday each month 12:30 p.m.

Council Member Cervantez
Council Member Manly, Alternate
RCTC – Riverside County Transportation Committee – 2
nd Wednesday each month 9:00 a.m.

Council Member Molina
Mayor Pro Tem Hewitt, Alternate
RTA – Riverside Transit Agency – 4
th Thursday each month 2:00 p.m.

Council Member Molina
Council Member Manly, Alternate
Transportation Now (Riverside Transit Agency) – 1
st Thursday each month 12:00 noon
Council Member Molina
Council Member Manly, Alternate
TUMF Zone Committee – Once a year – time and place to be determined Mayor Pro Tem Hewitt
Council Member Cervantez, Alternate
WRCOG Executive Committee – 1
st Monday each month 2:00 p.m.

Mayor Pro Tem Hewitt
Council Member Cervantez, Alternate
COUNCIL AD-HOC COMMITTEES:

Yucaipa/Calimesa Joint Ad-hoc Committee: Budget/Finance Standing Committee:

Mayor Davis and Mayor Pro Tem Hewitt Mayor Davis and Council Member Cervantez Council Member Cervantez (Alternate) Mayor Pro Tem Hewitt (Alternate) Fire Ad-hoc Committee: San Gorgonio Pass Regional Water Alliance:

Mayor Davis and Council Member Cervantez Council Member Manly Parks and Recreation Ad-hoc Committee: Mesa Verde SP Ad-hoc Committee:

Council Member Manly and Council Member Cervantez Mayor Davis and Mayor Pro Tem Hewitt

THE APPOINTMENTS MADE BY THE MAYOR FOR ALL REGIONAL ORGANIZATIONS AND COMMITTEES WERE APPROVED BY THE FOLLOWING MOTION 12/19/2022: MOTION BY MAYOR PRO TEM HEWITT, SECONDED BY COUNCIL MEMBER MANLY, CARRIED 4-0(COUNCIL MEMBER CERVANTEZ WAS ABSENT) TO APPROVE THE APPOINTMENTS AS MADE BY MAYOR DAVIS AT THE DECEMBER 19, 2022 CITY COUNCIL MEETING.

Attachment 20A