Calimesa City Council
August 7, 2023

Regular Meeting of the Calimesa City Council
Monday, August 7, 2023

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

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

GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC

WORKS ASSOCIATE ENGINEER SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN PETERSON.

PLEDGE OF ALLEGIANCE

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction.. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read.

Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, August 7, 2023 – 6:00 p.m.

Norton Younglove Multipurpose Senior Center
908 Park Avenue, Calimesa, CA 92320
William Davis, Mayor  Wendy Hewitt, Mayor Pro Tem
Jeff Cervantez, Council Member  John Manly, Council Member  Linda Molina, Council Member Will Kolbow, City Manager  Quinn Barrow, City Attorney The Calimesa City Council will be conducting this meeting in the Norton Younglove Senior Center. Members of the public may attend this meeting in person at the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320, or the public may view the City Council meetings live at https://www.facebook.com/cityof.calimesa or https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m.

Submission of Public Comments: If attending the meeting, public comment will be allowed by completing a speaker slip and providing it to the City Clerk at the meeting. Please observe a time limit of three (3) minutes when giving your presentation. When called upon, please step forward to the microphone, state your name for the record, whom you represent and any statement you wish to make. Please be advised that you may not defer your three (3) minutes to another speaker.

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

Regular Meeting of the Calimesa City Council
Monday, August 7, 2023

RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 10)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of July 17, 2023.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) There are no minutes ready for approval at this time.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $1,415,549.54 (Check Nos. 40633 to 40715) b) July 20, 2023 Payroll of $101,503.29

4. TREASURER’S REPORT FOR THE MONTH ENDED JUNE 30, 2023.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended June 30, 2023

5. CITY OF CALIMESA SALES TAX UPDATE – 1Q 2023 JANUARY – MARCH RECOMMENDATION: That the City Council receive and file the Sales Tax update for 10Q 2023 January – March.

6. FIRE DEPARTMENT COMMAND VEHICLE EMERGENCY EQUIPMENT AND

ELECTRONICS OUTFITTING AND WAIVER OF FORMAL BIDDING FOR THE SPECIFIED DESIGN BUILD TO BE AWARDED TO THE JOHNSON EQUIPMENT COMPANY.

RECOMMENDATION: That the City Council:
a) Approve the purchase and installation of the specified hardware, wiring, emergency warning equipment to include lights, siren, mounting brackets, radios, computers, batteries, battery charging inverter equipment needed to complete the fabrication and construction of a City Council approved purchase of a 2023 Ford F250 ¾ ton Gasoline 4x4 pick-up truck to be outfitted and equipped for service as a Fire Department Command Vehicle. b) Adopt Resolution 2023-44 allowing staff to utilize and piggyback onto the Kern County Fire Department Command Vehicle Specification - Best Value Bid Quotation Request No. 02415-21- 089514, awarded to Johnson Emergency Equipment, for the construction and fabrication of this specialized emergency vehicle, waiving formal bidding requirements as provided by the City’s Municipal Code in connection with the construction of this vehicle.

7. ACCEPTANCE OF A 2003 INTERNATIONAL 4X2 TYPE II WATER TENDER AWARD FROM

THE FEDERAL EXCESS PROPERTY PROGRAM (FEPP) FOR USE BY THE CITY OF CALIMESA FIRE DEPARTMENT.

RECOMMENDATION: That the City Council:

Regular Meeting of the Calimesa City Council
Monday, August 7, 2023

a) Approve the award of a surplus 2003 International 4x2 Type II - Tactical Water Tender to the City of Calimesa Fire Department to be used for firefighting suppression operations during wildland and structural fire emergency incidents, or operations in support of emergency incidents with limited water supply; and
b) Adopt Resolution No. 2023-45, a Resolution of the City Council of the City of Calimesa, California, accepting a 2003 International 4x2 type II Water Tender awarded to the City of Calimesa Fire Department through the Federal Excess Personal Property (FEPP) Program.

8. DPR19-04 RV FUELING STATION: BOND REDUCTION.

RECOMMENDATION: That the City Council:
a) Authorize Staff to reduce the Street Improvement Faithful Performance Bonds to 10% of the total amount to be retained as the Warranty Bonds for a period of 1 year. b) Authorize Staff to release the Payment Bonds.

SHERIFF CAPTAIN COMMENTS & REPORTS

FIRE CHIEF COMMENTS & REPORTS

BUSINESS ITEMS

9. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES WITH COMMUNITY WORKS DESIGN GROUP (“CWDG”). Page 90 RECOMMENDATION: That the City Council approve the Agreement (Attachment A) for professional consulting services (on-call landscape architectural services) between the City of Calimesa and Community Works Design Group (“CWDG”).

10. FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES WITH TKE ENGINEERING. Page 127
RECOMMENDATION: That the City Council approve the First Amendment to Agreement for Engineering Services between the City of Calimesa and TKE Engineering, Inc.

11. APPOINTMENT OF THE LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE REPRESENTING CALIMESA AT THE ANNUAL LEAGUE CONFERENCE. Page 157 RECOMMENDATION: That the City Council select a primary voting delegate who will vote on League issues representing the City of Calimesa at the Annual League of California Cities Conference to be held September 20 – 22, 2023 in Sacramento.

12. CALIMESA BOULEVARD REALIGNMENT AT SINGLETON ROAD – INITIAL STUDY (IS)/MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP). Page 158
RECOMMENDATION: That the City Council adopt Resolution 2023-46, a Resolution of the City Council of the City of Calimesa California, adopting an initial study/mitigated negative declaration and mitigation monitoring and reporting program for the proposed Calimesa Boulevard Realignment Project at Singleton Road in the City of Calimesa.

Regular Meeting of the Calimesa City Council
Monday, August 7, 2023

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

CITY MANAGER COMMENTS & REPORTS

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

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

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

Negotiating Parties: 7-Eleven Inc., A Texas Corporation Under Negotiations: Price and Terms for acquisition of property by City

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on August 21, 2023 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: August 7, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of July 17, 2023.

ATTACHMENTS:

Attachment A: City Council action minutes of July 17, 2023 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: August 7, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: August 7, 2023
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $1,415,549.54 (Check Nos. 40633-40715) b) July 20, 2023 Payroll of $101,503.29

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED JUNE
30, 2023
MEETING DATE: August 7, 2023
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended June 30, 2023.

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

DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2022-61. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include a transfer on June 8, 2023 of $1,000,000 from the General Checking Account to LAIF Investment Fund and a transfer on June 26, 2023 of $1,200,000 from the LAIF Investment Fund to the General Checking account.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $8,850 for CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended June 30, 2023.

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: CITY OF CALIMESA SALES TAX UPDATE – 1Q 2023
(JANUARY – MARCH)
MEETING DATE: August 7, 2023
PREPARED BY: Celeste Reid, Finance Director & Treasurer RECOMMENDATION: That the City Council receive and file the Sales Tax update for 1Q – 2023 (January – March.)
BACKGROUND: The City of Calimesa has a professional services contract with Hinderliter, de Llamas & Associates (hereinafter referred to as HDL) to provide compiled sales tax data and analysis relating to sales tax collections and business operations within the City of Calimesa. The City Manager and Finance Director meet quarterly with the HDL professionals to review data provided in compiled reports to discuss data analytics in relation to industry sectors, major business groups, trends with prior years, other cities, counties and state overall sales tax rate collections.

The report includes City of Calimesa highlights, statewide results and information about overall changes in sectors. Most of the information shared with staff is confidential in accordance with State law. However, the attached report, appropriate for public consumption, is provided to the City Council for review and includes the top 25 producers of sales tax for the City of Calimesa, reported in alphabetical order.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: City of Calimesa Sales Tax Update 1Q 2023 (January – March)

www.hdlcompanies.com | 888.861.0220
Q1 2022*
Q1 2023*
Legend
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
SALES TAX BY MAJOR BUSINESS GROUP *Allocation aberrations have been adjusted to reflect sales activity General
Consumer
Goods
Business
and
Industry
Food
and
Drugs
Restaurants
and
Hotels
Fuel and
Service
Stations
County
and State
Pools
CITY OF CALIMESA HIGHLIGHTS TOP 25 PRODUCERS
Published by HdL Companies in Summer 2023

SALES TAX UPDATE

CITY OF CALIMESA
1Q 2023 (JANUARY - MARCH)
21 Sushi House
7 Eleven
76 Circle K
All Seasons Hay Co
Arco AM PM
AutoZone
Baker’s Burgers
Burger King
Calimesa Shell Station
Chevron
Del Taco
Denny’s
Dollar General
Dollar Tree
Fire Rock Burgers &
Brews
Jack in the Box
McDonalds
Panda Express
Starbucks
Stater Bros
Taco Bell
Thai Chili Restaurant
Tractor Supply
Walgreens
Wingstop
Calimesa’s receipts from January
through March were 4.5% above the
first sales period in 2022. Excluding
reporting aberrations, actual sales
were up 4.2%.

Overall, the City posted strong sales
tax numbers, particularly given the
current state of the economy. With
high inflation, interest rates, financing
and credit card rates, consumers and
businesses continued to outperform
other cities and Riverside County.

Fuel & service stations are now being
compared to the historic high prices of
2022. As such, the City experienced
a similar statewide reduction in
comparison to 1Q2022. This business
sector declined (3.4%) for the quarter.

This outcome should be expected
to continue through the end of the
calendar year.

Patrons continued to venture out
to restaurants and entertainment
establishments. This continued
release from the pandemic shutdown,
and in conjunction with inflationary
factors of higher labor and food costs
on the menu pricing, enabled the City
to see significant gains for the quarter.

Business & industry remained a
vibrant sector with an 8.7% increase
for the quarter as companies
continued to make capital purchases
and improvements. Building &
construction cooled this quarter as
consumers began to pare back on
improvement projects.

Given the favorable quarterly results,
the City’s share of the countywide
use tax pool increased 5.6% when
compared to the same period in the
prior year.

Net of aberrations, taxable sales for
all of Riverside County declined 1.3%
over the comparable time period; the
Southern California region was down

0.8%.

TOTAL: $ 393,203

4.2% -1.5% -1.1%

COUNTY STATE

CALIMESA
,203 1Q2023

4.2% -1.5% -1.1%

COUNTY STATE
A
1Q2023
Attachment 5A

TOP NON-CONFIDENTIAL BUSINESS TYPES
Q1 '23
Calimesa
Business Type Change Change Change
County HdL State
Service Stations 128,875 -3.8% -11.4% -9.8%
Quick-Service Restaurants 55,072 7.3% 5.0% 5.1%
Casual Dining 30,464 33.8% 8.0% 9.7%
Convenience Stores/Liquor 6,275 -9.7% -4.7% -4.9%
Specialty Stores 2,962 -23.8% 3.9% 3.8%
Business Services 1,004 -5.1% 22.1% 7.4%
*Allocation aberrations have been adjusted to reflect sales activity

REVENUE BY BUSINESS GROUP
Calimesa This Quarter*
14%
Pools
24%
Restaurants
8%
Bus./Ind.
15%
Food/Drug
33%
Fuel
5%
Others
*ADJUSTED FOR

ECONOMIC DATA
1Q 2023 CITY OF CALIMESA SALES TAX UPDATE

STATEWIDE RESULTS
California’s local one cent sales and use
tax receipts for sales during the months
of January through March were 1.1%
lower than the same quarter one year ago
after adjusting for accounting anomalies.

The first quarter of the calendar year
experienced heavy rainfall and a slight
pullback by consumers during this postholiday period.

The building and construction sector
was most impacted by wet weather
conditions, especially contractors and
paint/glass vendors. Furthermore, when
coupled with year-over-year (YOY)
lumber price declines, the sector saw a

9.7% statewide drop.

YOY declines in fuel prices at the pump
reduced receipts from gas stations and
petroleum providers. Even with OPEC’s
recent production cuts, the global cost of
crude oil has remained steady setting up
for moderate gas prices for travelers and
commuters in the coming summer months.

Retailers also selling fuel experienced a
similar impact and when combined with
weak results from department stores,
overall general consumer goods’ returns
slightly declined.

After multiple years of high demand
for vehicles (especially high-end luxury
and electronic/hybrid brands), along
with inflation driving car prices higher,
customers demand has softened with
revenue slumping 1.3%. The return of
available inventory later this calendar
year may sustain downward pressure on
activity, potentially giving buyers more
leverage to negotiate lower prices.

Use taxes remitted via the countywide
pools decreased 1.1%, marking the
second consecutive quarter of decline.

Cooling consumer confidence, expansion
of more in-state fulfillment centers and
retailers using existing locations to deliver
goods tied to online orders continue to
shift taxes away from the pools. While the
offsetting effect was these revenues being
allocated directly to jurisdictions where
the goods were sourced, only a limited
number of agencies benefited.

Spending at local restaurants and hotels
continues to be robust. Patrons were
unaffected by increased menu prices and
wait times and maintained their willingness
to dine out. In addition, investments in
warehouse/farm/construction equipment
was steady.

For the remainder of 2023 sales taxes may
decrease modestly, then begin a nominal
recovery in early 2024. Volatile economic
indicators such as the Federal Funds rate,
unemployment levels, and discretionary
spending will influence outcomes. While it
appears the Federal Reserve’s actions to
fight inflation is taking effect, any lasting
downward pressure on consumer pricing
could also hinder short term growth.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: FIRE DEPARTMENT COMMAND VEHICLE EMERGENCY

EQUIPMENT AND ELECTRONICS OUTFITTING AND WAIVER

OF FORMAL BIDDING FOR THE SPECIFIED DESIGN BUILD TO

BE AWARDED TO THE JOHNSON EQUIPMENT COMPANY
MEETING DATE: August 7, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council:
a) Approve the purchase and installation of the specified hardware, wiring, emergency warning equipment to include lights, siren, mounting brackets, radios, computers, batteries, battery charging inverter equipment needed to complete the fabrication and construction of a City Council approved purchase of a 2023 Ford F250 ¾ ton Gasoline 4x4 pick-up truck to be outfitted and equipped for service as a Fire Department Command Vehicle. b) Adopt Resolution 2023-44 allowing staff to utilize and piggyback onto the Kern County Fire Department Command Vehicle Specification - Best Value Bid Quotation Request No. 02415-21- 089514, awarded to Johnson Emergency Equipment, for the construction and fabrication of this specialized emergency vehicle, waiving formal bidding requirements as provided by the City’s Municipal Code in connection with the construction of this vehicle.

BACKGROUND: The City of Calimesa City Council authorized the addition of a third ‘Battalion Chief” Full Time Equivalency as an authorized position to FY 2023-24 Adopted Budget. As such, the Council also approved the acquisition of an additional “Command Vehicle,” to be used in support of the “Full Service, All -Risk” Fire Department.

On July 17, 2023, the City Council authorized the City Manager, (Resolution 2023-43) the authority to allow staff to utilize available dealer stock to facilitate the procurement of the specified vehicle, reporting back to council when the purchase was completed. Staff located a vehicle, being a 2023 Ford, Gasoline, ¾ ton, F250 4X4, STX model. The vehicle met the specified requirements and was purchased for $69,357.00. Staff is now seeking City Council approval to utilize a previously identified specification and build awarded to Johnson Equipment on behalf of another government entity for the completion and construction of this specialized apparatus for the issuance of a Purchase Order in the amount of $62,743.00.

DISCUSSION: Staff is requesting that the City Council waive formal bidding and minimum purchase requirements for this acquisition. Since the inception and implementation of the City of Calimesa

Fire Department, and City staff has “shopped,” for the opportunity to acquire needed fire apparatus, equipment and supplies needed to outfit and equip personnel to be able to operate as a “full-service – all risk” fire and rescue department. Often staff has sought the advantage of procuring needed specialized equipment and or apparatus, as it has been made available with demonstrator, previously used, or ‘tag-along” opportunity’s, of previously approved government contract awards, to seek the most sensible, fiscally responsible, and expeditious route of delivery for supplies, and or equipment required and needed to fulfill mission requirements and public safety operations.

The Calimesa Municipal Code (CMC) Section 3.15.130 authorizes the City Manager to make purchases up to $10,000 if three written bids are obtained. However, CMC Section 3.15.110, formal contract procedure, provides, among other requirements, that all purchases over $10,000 must be made pursuant to a formal bid process wherein there is a formal published notice soliciting sealed bids. The purchase of the Fire Department “Command Vehicle,” falls into this category. Please note that CMC Section 3.15.050 provides that:
“The city council may also, by majority vote of its entire membership, dispense with such bidding and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or uneconomical in such instance to follow such procedures, and that the public welfare would be promoted by dispensing with same.”
Staff is recommending the formal bid process be waived for the outfitting of the Fire Command Vehicle. The reason for waiver of the City’s formal bid process is the availability of piggybacking on the Kern County Fire Department’s Quotation Request No. 02415-21-098514, which followed a competitive bidding process.

FISCAL IMPACT: The total approved General Fund Allocation for this expenditure was $160,000 as identified in Fund 75-2048-8300 Vehicle Replacement Fund of the 2023-24 Adopted Budget. The Authorized Specified Vehicle Cost was $69,357.33. The requested amount for the quoted Command Vehicle Electronics and Emergency Vehicle outfitting being sought is $62,743.12. for a total of $132,100.45.

ATTACHMENTS:

Attachment A: CMC Title 3, Chapter 3.15
Attachment B: Resolution 2023-44
Attachment C: Purchase Order 00001032
Attachment D: Quote 5264 – Johnson Equipment
Attachment E: Command Vehicle Specification BID/Quote Request No. 0241521-089514

Chapter 3.15

SUPPLIES, SERVICES AND EQUIPMENT PURCHASE PROCEDURE
Sections:

3.15.010 Adoption of purchasing system.

3.15.020 Exemptions from centralized purchasing.

3.15.030 Estimates of requirements.

3.15.040 Requisitions.

3.15.050 Bidding.

3.15.060 Confidentiality of bids.

3.15.070 Award of contracts to local bidders.

3.15.080 Purchase orders.

3.15.090 Purchasing agreements with other agencies.

3.15.100 Encumbrance of funds.

3.15.110 Formal contract procedure.

3.15.120 Public works contract procedure.

3.15.130 Open market purchases.

3.15.140 Contracts for professional services.

3.15.150 Inspection and testing.

3.15.160 Surplus supplies and equipment.

3.15.170 Unlawful purchases.

3.15.010 Adoption of purchasing system.

In order to establish efficient procedures for the purchase of supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is hereby adopted for the purchase of all city supplies, services and equipment. [Ord. 99-2 § 1; Code 1990 § 2.9.01.]
The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

Calimesa Municipal Code Chapter 3.15 SUPPLIES, SERVICES AND EQUIPMENT

PURCHASE PROCEDURE

Attachment 6A

3.15.020 Exemptions from centralized purchasing.

The city manager may authorize, in writing, any department to purchase or contract for specified supplies, services and equipment, but he/she shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the department on the purchases and contracts made under such written authorization. The city manager may also rescind such authorization with written notice to the department concerned. [Ord. 99-2 § 1; Code 1990 § 2.9.02.]

3.15.030 Estimates of requirements.

All departments shall file detailed estimates of their requirements for supplies, services and equipment in such manner, at such times, and for such future periods as set forth in rules prescribed by the city manager. [Ord. 99-2 § 1; Code 1990 § 2.9.03.]

3.15.040 Requisitions.

All departments shall submit requests for supplies, services and equipment to the city manager by standard requisition forms according to the rules prescribed by the city manager. [Ord. 99-2 § 1; Code 1990 § 2.9.04.]

3.15.050 Bidding.

Purchases of supplies, services and equipment and the sale of personal property shall be by bid procedures, pursuant to CMC 3.15.110, 3.15.120 and 3.15.160. With the exception of purchases covered by Article 4 of the State Public Contracts Code, bidding may be dispensed with when an emergency requires that an order be placed with the nearest available source of supply, when the amount involved is less than $1,000, or when the commodity is a sole source item which can be obtained from only one vendor. Sole source items shall include purchases of items where there are restrictions in specifications due to the need for standardization. The city council may also, by majority vote of its entire membership, dispense with such bidding and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or uneconomical in such instance to follow such procedures, and that the public welfare would be promoted by dispensing with same. [Ord. 99-2 § 1; Code 1990 § 2.9.05.]

3.15.060 Confidentiality of bids.

Any bid received pursuant to the procedures of this chapter shall not be disclosed directly or indirectly to any other bidder until the bidding is closed. [Ord. 99-2 § 1; Code 1990 § 2.9.06.]

3.15.070 Award of contracts to local bidders.

A “local bidder” shall mean a firm or individual who, for at least 12 consecutive months, has regularly maintained a place of business in, or maintained an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to, the city. With respect to those bids relating to the purchase of items subject to state sales tax, the term “lowest responsible bidder” shall be deemed to include a one percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the city by the award of a bid to a local The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

Calimesa Municipal Code Chapter 3.15 SUPPLIES, SERVICES AND EQUIPMENT

PURCHASE PROCEDURE

vendor. The city shall also consider the cost to the city to pick up supplies and equipment at some distance from the city, to obtain parts and supplies, and to transport such items for repair and maintenance in the computations used to award contracts. [Ord. 99-2 § 1; Code 1990 § 2.9.07.]

3.15.080 Purchase orders.

Purchases of supplies, services and equipment shall be made only by purchase order, unless otherwise authorized by formal administrative procedure or in writing by the city manager. [Ord. 99- 2 § 1; Code 1990 § 2.9.08.]

3.15.090 Purchasing agreements with other agencies.

The purchasing department may enter into purchasing agreements with other governmental agencies, such as the county of Riverside and the state of California, for the purchase of supplies, services and equipment. In such instances, the procedures of that agency shall satisfy all city requirements for the bid and award of purchase contracts. [Ord. 99-2 § 1; Code 1990 § 2.9.09.]

3.15.100 Encumbrance of funds.

Except in cases of emergency, purchase orders shall not be issued for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. [Ord. 99-2 § 1; Code 1990 § 2.9.10.]

3.15.110 Formal contract procedure.

Except as otherwise provided in this chapter, purchases and contracts for supplies, services and equipment of a value greater than $10,000 shall be by written purchase order to the lowest responsible bidder, pursuant to the procedures prescribed herein:

A. Lowest Responsible Bidder. The term “lowest responsible bidder” shall mean that bidder which best responds in price, quality, service, fitness and capacity to the particular requirements of the city. Price alone shall not be the sole determining factor, but shall be considered along with other factors, including, but not limited to, the ability of the bidder to deliver, availability of parts and services on a timely basis, prior experience with the bidder, and other factors relating to the particular needs of the city for the supplies, equipment or services.

B. Notice Inviting Bids. Notices inviting bids shall include a general description of the services or articles to be purchased, shall state where bid forms and specifications may be obtained, and the time and place for opening bids.

1. Published Notice. Notice inviting bids shall be published in a newspaper of general circulation in the city at least 10 days before the date of the opening of the bid. The city manager may waive the necessity to publish the invitation to bid if a source of supply is not available in the local area.

2. Bidders’ List. Sealed bids shall also be solicited from all responsible prospective suppliers whose names are on a bidders’ list or who have requested to have their names added thereto.

The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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3. Posting. Pending purchases shall also be advertised by a notice posted on a public bulletin board at City Hall at least 10 days prior to bid opening.

C. Bidders’ Security. When considered necessary by the purchasing department, bidders’ security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security upon competition of the bid process; provided, however, that a successful bidder shall forfeit his bid security upon refusal or failure to execute the purchase agreement within 10 days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the purchase agreement, award a contract to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city rejects all other bids presented and readvertises, the amount of the lowest bidder’s security may be used to offset the cost of receiving new bids, as well as the difference between the new low bid and the former low bid.

D. Bid Opening Procedure. Sealed bids shall be submitted to the city manager and shall be identified as a bid on each envelope. Bids shall be opened in public at the time and place stated in the appropriate public notice and/or invitation to bid. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

E. Rejection of Bids. Incomplete bids may be rejected by the purchasing department or may be referred to the city council with a request to waive irregularities. The city council shall reserve the right to reject any and all bids in whole or in part, and may waive any irregularities in any bids when the public interest will be served thereby. At its discretion, the city council may readvertise for bids, pursuant to the procedures hereinabove described.

F. Award of Purchase or Contract. Purchases or contracts shall be awarded by a majority vote of the city council to the lowest responsible bidder, except as otherwise provided herein.

G. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest would not be promoted by readvertising for bids, the city council may accept the low bid it chooses, or may accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. In the case of a tie, preference shall be given to responsible local bidders.

H. Performance Bonds. The purchasing department shall have the authority to require a performance bond before entering into a contract in such amount as shall be reasonably necessary to protect the best interests of the city. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids. [Ord. 99-2 § 1; Code 1990 § 2.9.11.] The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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3.15.120 Public works contract procedure.

When the expenditure required for a public works project exceeds $5,000, it shall be contracted for and let to the lowest responsible bidder after notice, in accordance with the requirements of Article 4 of the California Public Contracts Code.

A. Public Works Projects. As used in this section, “public works project” shall mean:

1. A project for the erection, improvement, painting or repair of public buildings and works;

2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow;

3. Street or sewer work except maintenance or repair;

4. Furnishing supplies and materials for any such project, including maintenance or repair of streets or sewers.

B. Splitting Work Orders. It shall be unlawful to split or separate into smaller work orders or projects any public works project for the purpose of evading the provisions of this section.

C. Notice Inviting Bids. The notice inviting bids shall set a date for the opening of bids. Notices shall be published at least twice, not less than five days apart, in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done.

D. Rejection of Bids and Readvertisement. At its discretion, the city council may reject any bids presented and readvertise. If two or more bids are the same, the city council may accept the one it chooses. If no bids are received, the city council may direct the city manager to have the project completed with no further compliance with this section.

E. Performance of Project After Rejection of Bids. After rejecting bids, the city council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market.

Upon the adoption of such a resolution, the city council may direct the city manager to have the project completed in the manner stated with no further compliance with this section.

F. Presentation of Bids. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidders’ security:

1. Cash.

2. A cashier’s check made payable to the city.

The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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3. A certified check made payable to the city.

4. A bidder’s bond executed by an admitted surety insurer, made payable to the city.

G. Amount of Bidders’ Security. Security shall be in an amount equal to at least 10 percent of the amount of the bid. A bid shall not be considered unless one of the forms of bidders’ security is enclosed with it.

H. Forfeiture of Security. If the successful bidder fails to execute the contract, the amount of the bidder’s security shall be forfeited to the city. The city council may award the contract to the next lowest responsible bidder, and the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder’s bond if a bond is used.

I. Calamities or Emergencies. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the city council may pass a resolution by four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon the adoption of such a resolution, the city council may direct the city manager to expend any sum required in the emergency with no further compliance with this section. [Ord. 99-2 § 1; Code 1990 § 2.9.12.]

3.15.130 Open market purchases.

Purchase of supplies and equipment of an estimated value of less than $10,000, not subject to the conditions specified in CMC 3.15.120, may be made by the city manager in accordance with the procedures set forth in this section, without compliance with the formal contract procedure set forth in CMC 3.15.120. The purchasing department shall solicit competitive bids for all such purchases pursuant to the procedures described herein:

A. For the purchase of less than $10,000 and more than $5,000, at least three written bids shall be required, and all such purchases shall be approved by the city manager.

B. For purchases of $5,000 or less, but more than $1,000, bids may be verbal or written, and shall be made at the discretion of the purchasing department. Wherever possible, at least three bids shall be obtained.

C. The city clerk shall keep a record of all open market orders and bids for a period of one year after the submission of bids or placing of orders, to include the name of the companies or individuals contacted and the prices bid. This record shall be open to the public during normal business hours.

D. The competitive bidding procedures set forth in this section may be waived by the city manager The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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in instances of valid emergencies or sole source, or when it is determined that the public interest would not be best served by competitive bidding. All such instances shall be fully recorded. [Ord. 99-2 § 1; Code 1990 § 2.9.13.]

3.15.140 Contracts for professional services.

The award of contracts for professional services shall be exempt from the bidding and award requirements of this chapter, and shall be governed by the provisions of this section.

A. Professional Services. In general, the term “professional services” shall mean professional contractual services performed by a member(s) of the profession. “Profession” shall include, but not be limited to, the following: accountants, appraisers, architects, attorneys, computer consultants, economic and finance consultants, health and insurance consultants, engineers, land surveyors, geologists, inspectors, environmental consultants, marketing and media consultants, planners, construction management, and any other type of profession in which individuals or organizations possess a degree of professional, specialized, technical skill or expertise, not adaptable to competitive bidding, or any other service of a similar nature to the above engaged for a particular project or projects.

B. Process for Obtaining Proposals for Professional Service Contracts.

1. Process for selection of professional service contracts other than those specified in subsection (B)(2) of this section.
a. In the case of contracts not to exceed $10,000, the city manager shall attempt to assure that all qualified and interested consultants shall have the opportunity to provide proposals for the provision of city services. The selection of consultants for specific projects shall be based on the criteria and factors set forth in this subsection (B). The city manager may, but shall not be required to, use a formal RFP and/or RFQ process for solicitation of proposals for the professional services. b. Contracts which are anticipated to exceed $10,000 but which are not anticipated to exceed $50,000 may be awarded by the city council without a formal RFP and/or RFQ process, based on the particular requirements of the service to be provided and the experience and availability of the individual consultant(s). All such contracts for professional services which are anticipated to exceed $10,000 shall be let by the city council based on a written proposal which shall include the scope of services to be provided and the fee schedule for services.
c. In the case of contracts which are anticipated to exceed $50,000, the city council shall determine whether to cause an RFP or RFQ to be prepared, which shall be mailed to all qualified consultants whose names are on file with the city, or who request a copy of the RFP or RFQ. Proposals need not be sealed and opened in a formal bidding opening The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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process, and are subject to negotiation of both scope and fee. The city manager shall screen proposals and make a recommendation to the city council for contract award. The city council, if it finds that the public interest will not be best served by a formal proposal process, may waive the solicitation of RFPs and/or RFQs, and may award contracts for professional services based on a single proposal.
d. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements. If a formal RFP or RFQ process is not used, all such contracts shall be let based on a written proposal which shall include the scope of the services to be provided, and the fee schedule of the services.

2. Professional service contracts for landscaping, private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be selected in accordance with the following procedures. a. For contracts not anticipated to exceed $10,000, the city manager may select an individual or firm through the use of a request for proposal (“RFP”) or request for qualifications (“RFQ”) process, or may award the contract without a formal RFP or RFQ process. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements. If a formal RFP or RFQ process is not used, all such contracts shall be let based on a written proposal which shall include the scope of the services to be provided, and the fee schedule of the services.
b. Contracts which are anticipated to exceed $10,000 but which are not anticipated to exceed $50,000 may be awarded by the city council without a formal RFP and/or RFQ process, based on the particular requirements of the service to be provided and the experience and availability of the individual consultant(s). All such contracts for professional services which are anticipated to exceed $10,000 but not to exceed $50,000 shall be let by the city council based on a written proposal which shall include the scope of services to be provided and the fee schedule for services. c. For contracts anticipated to exceed $50,000, the city council shall select an individual or firm following an RFP or RFQ process. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements.
d. Regardless of the size of the contract, the city manager shall issue a written announcement within the Southern California area through the publications of the The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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respective professional societies or organizations. The city manager may also advertise to reach providers of services within the appropriate trade or profession by publishing the announcement in electronic communication media or Internet web sites that have demonstrated regional accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured, in a construction trade journal, or publicize the requirements for services in other appropriate publications. Failure of any professional society or construction trade journal to publish the announcement shall not invalidate any contract. The announcement shall include information describing the project or services, any applicable RFPs or RFQs, and the due date, time and location for submission of a proposal or statement of qualifications. The announcement may also identify the criteria upon which the award will be made.
e. In those situations where the selecting authority (city manager or city council) uses an RFP or RFQ process, the city manager shall also disseminate the RFP or RFQ to those individuals or firms who have previously requested copies of RFPs or RFQs issued by the city.

C. Criteria for Award of Contracts for Professional Services.

1. In the case of professional service contracts for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the award of a contract shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. The selecting authority (city manager or city council) shall establish criteria which will comprise the basis for the selection of an individual or firm for each project, including such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm and/or subcontractors, location, fees and costs, or other considerations deemed relevant. The factors shall be weighted by the selecting authority according to the nature of the project, the needs of the city, and complexity and special requirements of the specific project. The selection process shall include procedures to facilitate participation by small business firms.

As used herein, a “small business firm” is a firm certified in accordance with Government Code Section 14837 or its successor provisions. The city shall participate in outreach programs to provide small businesses with information on city contracting opportunities, and shall make other reasonable efforts to facilitate participation by small businesses in the city’s professional contractual services process.

2. In the case of all other types of professional service contracts, the selecting authority (city manager or city council) may use the criteria set forth in subsection (B)(1) of this section, or The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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may use any other criteria applicable to the particular type of contract or project including the consultant’s experience, approach, availability and knowledge of the subject area.

D. Authorization of the City Manager to Execute Contracts Not to Exceed $10,000.

1. The city manager shall be authorized to solicit proposals and contracts for professional services in the following instances:
a. Funds have been approved in the budget for a specific type of professional services or specific project, and the contract is not anticipated to exceed $10,000; or b. Funds are generally available in the budget, and the contract does not exceed $10,000.

2. All professional service contracts which are anticipated to exceed $10,000 shall be approved by a majority vote of the city council.

E. Conflicts of Interest and Improper Considerations. In addition to all other requirements of this section, the selection of professional services contracts shall be subject to the following additional requirements:

1. No city employees shall participate in the selection process if those employees have a financial interest or relationship with a person or business entity seeking a contract which would subject those employees to the conflict of interest prohibition of Government Code Section 87100.2.

2. Practices that may result in unlawful activity, including but not limited to rebates, kickbacks, or other unlawful consideration, are strictly prohibited. The city shall endeavor to provide that all professional service contracts entered into pursuant to this section shall include a provision in which the individual or firm selected certifies that the contract was not obtained through rebates, kickbacks, or other unlawful considerations either promised or paid to any city employee or official. In addition to any other applicable legal proscriptions, failure to adhere to any required certification may be cause for contract termination and recovery of damages under the rights and remedies due the city under the default provision of the contract or as otherwise allowed by law.

F. Audits. Professional services contracts are subject to standard accounting practices. The city manager or city council may require pre-award, interim-award and/or post-award financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget, and in accordance with the contractual requirements. [Ord. 289 § 2, 2009; Ord. 99-2 § 1; Code 1990 § 2.9.14.]

3.15.150 Inspection and testing.

The purchasing department shall inspect supplies, materials and equipment delivered, to determine The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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their conformance with the specifications set forth in the purchase order or contract. The purchasing department shall have the authority to require chemical and physical tests, or the report of the testing, of samples submitted with bid and samples of deliveries which are necessary to determine their quality and conformance with specifications. [Ord. 99-2 § 1; Code 1990 § 2.9.15.]

3.15.160 Surplus supplies and equipment.

All departments shall submit to the city manager, at such times and in such form as he/she shall prescribe, reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.

A. The city manager shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment.

1. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the city manager, and only after authorization from the city council as to any items of an estimated value of $10,000 or more.

2. Surplus supplies and equipment may be sold to the public if so prescribed by the city manager and/or the city council. City officials and employees, and their immediate families, however, shall be ineligible to purchase such surplus items. [Ord. 99-2 § 1; Code 1990 § 2.9.16.]

3.15.170 Unlawful purchases.

If any person or department purchases or contracts for any supplies, materials, equipment, or services contrary to the provisions of this chapter, such purchase order or contract shall be void and of no effect. The head of the department making such a purchase transaction shall be personally liable for the amount of such purchase order or contract, and, if already paid out of city funds, the amount thereof may be recovered in the name of the city in an appropriate action therefor. It is unlawful for any department to split its requirements for supplies, material, equipment or services to willfully evade any requirement of this chapter. [Ord. 99-2 § 1; Code 1990 § 2.9.17.] The Calimesa Municipal Code is current through Ordinance 386, passed November 21, 2022.

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RESOLUTION NO. 2023-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, WAIVING FORMAL BIDDING
REQUIREMENTS AS PROVIDED BY THE CITY’S MUNICIPAL

CODE IN CONNECTION WITH EMERGENCY EQUIPMENT

AND ELECTRONICS OUTFITTING FOR THE SPECIFIED FIRE

DEPARTMENT COMMAND VEHICLE
WHEREAS, Effective January 1, 2018, The City of Calimesa California formed the City’s municipal “full service. All risk,” fire department and authorized the acquisition and purchase of required apparatus and equipment necessary to perform fire protection and fire suppression services; and
WHEREAS, some of the procured equipment is required to meet certain standards and specifications to be utilized, and outfitted with emergency warning equipment, radios and electronics and fire suppression equipment in order to provide reliable incident command, control and supervision of spontaneous and pre-planned emergency response activity; and
WHEREAS, the City recently purchased a Fire Command Vehicle that met the City’s specifications, and now requires to be upfitted with the necessary equipment and electronics to be put into use; and
WHEREAS, the City’s Fire Department is in need of specialized equipment to support staff in the event of an emergency; and has identified an economical and suitable replacement system; and
WHEREAS, due to a variety of factors, as delineated in section 1 below, it was determined that it was more practical, useful or economical to utilize informal bidding procedures rather than noticed public bidding procedures for this purchase and thus seek City Council approval to waive formal bidding requirements and the minimum requirements as would normally be required by the Calimesa Municipal Code. The appropriately specified Fire Command Vehicle was procured. Staff is seeking approval for the purchase and installation of emergency equipment upfitting and electronics purchase utilizing piggybacking on the Kern County Fire Department Command Vehicle Specification and Best Value Quotation, Request No. 02415-21-089514, awarded to Johnson Emergency Equipment to complete installation and completion of this specialized apparatus for the amount of $62,743.12; and WHEREAS, City staff may be authorized to forego normal bidding procedures, and that public welfare would be promoted by dispensing the same.

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

SECTION 1: The City Council finds that the waiver of requirements for formal bidding for the items of equipment or supplies values at over $10,000.00 is warranted in connection with the outfitting of the Fire Command Vehicle due to the availability of piggybacking on the Kern County Fire Department’s Quotation Request No. 02415-21-098514, which followed a competitive bidding process.

Attachment 6B

SECTION 2: This purchase was allocated during the Adopted Fiscal Year 2023-24 Budget, as a Program expense of $160,000 in the Vehicle Replacement Fund, account 75-2048-8300. Vehicle purchase $69,357.12, Electronics/Emergency Equipment installation $62,743.12 Total expenditure $132,100.451.

PASSED, APPROVED, and ADOPTED this 7
th day of August 2023
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK

Attachment 6C

Attachment 6D

Attachment 6E

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: ACCEPTANCE OF A 2003 INTERNATIONAL 4X2 TYPE II WATER

TENDER AWARD FROM THE FEDERAL EXCESS PROPERTY

PROGRAM (FEPP) FOR USE BY THE CITY OF CALIMESA FIRE

DEPARTMENT
MEETING DATE: August 7, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council:
a) Approve the award of a surplus 2003 International 4x2 Type II - Tactical Water Tender to the City of Calimesa Fire Department to be used for firefighting suppression operations during wildland and structural fire emergency incidents, or operations in support of emergency incidents with limited water supply; and
b) Adopt Resolution No. 2023-45, a Resolution of the City Council of the City of Calimesa, California, accepting a 2003 International 4x2 type II Water Tender awarded to the City of Calimesa Fire Department through the Federal Excess Personal Property (FEPP) Program.

BACKGROUND: Since 2018, the City of Calimesa Fire Department provided “Full – Service, All Risk,” Fire protection, which serves over 14 square miles of suburban, semi-rural, and commercial developed property. Fire protection/suppression water supply is generally provided for via traditional water municipalities, however, there are remote areas within the City which have limited water distribution systems.
.

DISCUSSION: The City of Calimesa Fire Department is interested in acquiring this apparatus utilizing the Federal Excess Property Program (FEPP), as the City currently has a need for and does not currently possess a water tender, equipped with a 250 gallon per minute fire pump and 1500-gallon water tank.

The City of Calimesa is surrounded by State Responsibility wildland area and the City is bisected by Interstate Highway 10, additionally the City is traversed by major electrical power distribution lines (Edison) as well as Union Pacific Rail Lines – Yuma Subdivision. This resource would be utilized for initial attack in the Urban Wildland Interface/Intermix for Local Area Responsibility for both wildland and structural / municipal firefighting missions and would be made available to surrounding State and Federal Response areas within the Riverside County Operational Area.

There is not currently a “staffed” or in-service available water tender located within the local municipality or county divisional operations area of the Riverside County auto-mutual aid dispatch area for the City of Calimesa. This apparatus will be used for water shuttles and supply to remote

areas. This apparatus will require minor annual service maintenance repair, vehicle re-painting and graphics/decals, and radio installation, prior to being placed into service as a City of Calimesa Fire Department resource. These repairs will be initiated utilizing funds already allocated in 01-4300- 7432.

FISCAL IMPACT: No initial fiscal impact as received. All initial expected repairs/normal maintenance requirements will be conducted utilizing General Fund allocations approved for the Adopted Budget - FY 2023-24, 01-4300-7432, Repair and Maintenance – Vehicles.

ATTACHMENTS:

Attachment A: Federal Excess Personal Property Transfer Letter Attachment B: Transfer Order Excess Personal Property SF-122 Attachment C: Resolution 2023-45

United States
Department of
Agriculture
Forest
Service
Pacific
Southwest
Region
Regional Office, R5
1323 Club Drive
Vallejo, CA 94592
(707) 562-8737 Voice
(707) 562-9240 Text (TDD)
America’s Working Forests - Caring Every Day in Every Way Printed on Recycled Paper File Code: 5100 Date: July 21, 2023
Route To:

Subject: Federal Excess Personal Property VIN –1HTWCADRX3J048283 To: Whom it may concern
This letter identifies that the USDA Forest Service is loaning a 2003 Navistar Water Tender, 4X2, (Model-7400, VIN- 1HTWCADRX3J048283) to the California Department of Forestry and Fire Protection, for use by City of Calimesa Fire Department for wildland fire suppression.

This vehicle has been assigned a USDA Forest Service property number and is on permanent loan to the State of California under the terms of the Cooperative Forestry Assistance Act of 1978.

This vehicle remains the property of the USDA Forest Service. Under Federal law, it is exempt from state registration laws; therefore, no title is available.

Should you need additional information, please contact me at 707-553-3371 or [email protected]

CINDY SANDERSON
FEPP Property Management Officer
Attachment 7A

Attachment 7B

RESOLUTION NO. 2023-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, ACCEPTING A 2003
INTERNATIONAL 4X2 TYPE II WATER TENDER AWARDED

TO THE CITY OF CALIMESA FIRE DEPARTMENT THROUGH

THE FEDERAL EXCESS PERSOANL PROPERTY (FEPP)

PROGRAM
WHEREAS, Effective January 1, 2018, The City of Calimesa California formed the City’s municipal “full service. All risk,” fire department and authorized the acquisition and purchase of required apparatus and equipment necessary to perform fire protection and fire suppression services.

WHEREAS, The City of Calimesa serves over 14 square miles of suburban, semirural, and commercially developed property, immediately adjacent to and surrounded by areas of wildland urban interface/intermix and is bisected by the Interstate Highway transportation system and Union Pacific Rail lines.

WHEREAS, Fire protection water supply is generally provided for via traditional water municipalities, however, there are remote areas of the city which have limited water distribution systems.

WHEREAS, the City’s Fire Department is in need of specialized equipment to support staff in the event of an emergency; and has identified an economical and suitable alternative apparatus acquisition.

WHEREAS, The City has been awarded a suitable apparatus which has been awarded to the City of Calimesa Fire Department for use via the Federal Excess Personal Property (FEPP) program, for use during wildland, structural fire emergencies, and other emergency incidents with limited water supply.

WHEREAS, City Staff have presented sufficient facts to conclude that it is practical and financially prudent to accept this award of a 2003 International 4X2 Type II Water Tender, equipped with a 250 Gallons Per minute fire pump and 1500-gallon water tank valued at $138,000.

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

That the City Council authorizes City Staff to proceed with the acquisition of the equipment as described.

PASSED, APPROVED, and ADOPTED this 7th day of August 2023 _____________________________________

WILLIAM DAVIS, MAYOR
Attachment 7C

ATTEST:
___________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: DPR19-04 RV FUELING STATION: BOND REDUCTION
MEETING DATE: August 7, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff recommends that City Council take the following actions:
a) Authorize Staff to reduce the Street Improvement Faithful Performance Bonds to 10% of the total amount to be retained as the Warranty Bonds for a period of 1 year. b) Authorize Staff to release the Payment Bonds.

BACKGROUND: On August 2, 2021, City Council authorized City staff to execute a Project Improvement Agreement along with Faithful Performance Bonds and Payment Bonds for the street improvements to be constructed along County Line Road near County Line Lane. The Bond amounts are summarized below:
• Faithful Performance in the amount of $207,000 (Bond No. 54-236172) • Payment Bond in the amount of $103,500 (Bond No. 54-236172) The Developer has completed all work except for streetlight installations. Southern California Edison (SCE) has provided the City with written notice that there is a supply chain delay for the streetlights and that this delay is out of the Developer’s control. SCE has accepted the responsibility to install streetlights and repair any damage to the adjacent improvements caused by streetlight installation.

City Staff recommends that Council authorize the reduction of the Faithful Performance Bond (Bond No. 54-236172) to the amount of $20,700 and release of the Payment Bond. The 1-year warranty period will not begin until the streetlights have been installed and approved.

FISCAL IMPACT: None

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL

LANDSCAPE ARCHITECTURAL SERVICES WITH COMMUNITY
WORKS DESIGN GROUP (“CWDG”)
MEETING DATE: August 7, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council approve the Agreement (Attachment A) for professional consulting services (on-call landscape architectural services) between the City of Calimesa and Community Works Design Group (“CWDG”).

BACKGROUND/DISCUSSION: As the City Council is aware, Calimesa has been experiencing an increase in both large-scale and small-scale development throughout the last several years. As such, the City has the need to secure a highly responsive landscape architectural firm with the capacity to keep pace with the volume of applications that are being submitted.

The proposed consultant, Community Works Design Group (“CWDG”), has an experienced and qualified team that is capable of providing the full range of desired services including entitlement level review of landscape plans, plan check services for building permits, inspection services during installation, community facilities district (“CFD”) landscape maintenance contract compliance/monitoring, arborist assessment services, monitoring of California legislation related to water efficiency, and applications/permits related to the City’s tree preservation ordinance.

CWDG has successfully performed the services above for other local and similarly sized jurisdictions, including the cities of Highland and Eastvale. See attached Statement of Qualifications (Attachment B) for additional information.

FISCAL IMPACT: It is anticipated that the cost of this contract will be paid by the applicant (developer and/or resident) as applicable. The cost of monitoring Community Facilities Districts (“CFD”) maintenance contracts will be paid by the CFD.

ATTACHMENTS:

Attachment A: Professional Services Agreement
Attachment B: Statement of Qualifications submitted by CWDG

2812846v1.doc City of Calimesa Form

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated August 7, 2023 (“Effective Date”) and is between the City of Calimesa, a California municipal corporation (“City”) and Community Works Design Group (or “CWDG”), a California Limited Liability Company (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide on-call landscape architectural services.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for landscape entitlement review, condition of approval preparation, building permit plan review, inspection services, and supervision of community facilities district contracts, attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Scott Rice, Principal Landscape Architect (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like Attachment 9A

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professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement.

A. Initial Term. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.

B. Additional Terms. City, at its sole option, may extend the Term of this Agreement for up to two additional Terms of one year each, by providing written notice to Consultant not less than thirty (30) days prior to the end of an existing Term. If timely elected by City, the first additional Term shall be from July 1, 2024 through and including June 30, 2025, unless sooner terminated in accordance with the provisions of Section 12 of this Agreement. If timely elected by City, the second additional Term shall be from July 1, 2025 through and including June 30, 2026, unless sooner terminated in accordance with the provisions of Section 12 of this Agreement. Any such one-year extension shall be conditioned upon the City Council’s prior approval of any required funding for such additional one-year Term, and the City Manager’s prior authorization. Any Services performed during the second or third Term shall be compensated according to Section 3 and Appendix B.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $50,000 per term (the “Maximum Compensation”) for such Services.

B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.

C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City

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Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. Consultant will refer to a project identifying schedule provided by City staff and include specific project coding references in the invoices. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such

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authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant

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to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

8. Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

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

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Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

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

9. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.

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

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City,

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its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

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

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

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.

Consultant shall maintain current endorsements on file with City’s Risk Manager.

Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

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J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

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13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

14. Default.

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

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

If to City: If to Consultant:

Attn: Will Kolbow, City Manager Attn: Scott Rice
City of Calimesa Community Works Design Group, LLC
908 Park Avenue 4649 Brockton Avenue
Calimesa, California 92320 Riverside, CA 92506
Telephone: 909-795-9801 951-369-0700
Email:[email protected] [email protected]
With a courtesy copy to:

Quinn M. Barrow, City Attorney
908 Park Avenue

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Calimesa, California 92320
Telephone: (310) 802-5061
Email: [email protected]

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment

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by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

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27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. “Business days” means days Calimesa City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Calimesa.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]

-14-
2812846v1.doc City of Calimesa Form
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Calimesa,
a California municipal corporation
By:

Name: Will Kolbow
Title: City Manager
ATTEST:

By:

Name: Darlene Gerdes
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO CONTENT:

By:

Name: Kelly Lucia
Title: Planning Director
Consultant:

Community Works Design Group, LLC,
a California Limited Liability Company
By:

Name: Scott Rice
Title: President
By:

Name:

Title:

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

EXHIBIT A

SCOPE OF SERVICES
A. ENTITLEMENT-LEVEL REVIEW: Upon notification from the City, a member of CWDG will be available to pick up hard copies of the applicant’s initial submittal or will download the electronic plans (if electronic submittal is available). CWDG will be available to meet and/or discuss via e-mail and phone with City staff for initial dialogue, if requested. The initial conceptual-level plans will be logged in for tracking purposes. All related documents including plan check checklist will be shared with City staff on a cloud-based web-accessible platform, so that applicable City staff have real time access to the status of each review, and for the sake of easy future access. Initial conceptual-level plans will be reviewed against the most stringent of the site-specific guidelines. For instance, if a project falls within a Specific Plan area, CWDG will ensure that the landscape features align with the landscape program identified within that document, in addition to the minimum City-wide expectations. All plans will be reviewed to ensure they are accounting for compliance with the City’s Water Efficient Landscape Guidelines, including preliminary water budgeting and grouping of plants by water use. In addition, we understand review of civil and/or grading plans may be needed to ensure consistency with landscape plans. Upon review of plans, CWDG will generate an itemized report of comments that will be shared with City staff. These findings will be provided in the City’s requested format (Microsoft Word, Adobe InDesign, etc.) and returned electronically. Upon initial City feedback, CWDG will work with the City team to develop Landscape Conditions of Approval from the most applicable comments. The goal will be to complete the initial preliminary comments within 5 business days of receipt to allow the City time to further discuss with the applicant’s team and to prepare associated Staff Reports. For all subsequent correspondence, our goal will be to complete our portion of review within 3-5 business days, so as to not delay the processing timeline of the overall application.

B. PLAN CHECK SERVICES: CWDG will utilize a comparable manner of commencing our review process of landscape construction drawings along a similar path as proposed for the entitlement-level review. Upon notification from the City, a member of CWDG team will be available to pick up hard copies of the applicant’s submittal or will download the electronic plans (if electronic submittal is available). CWDG will be available to meet and/or discuss via e-mail and phone with City staff for initial dialogue, if requested. The initial plans will be logged in for tracking purposes. All related documents including plan check checklist will be shared with City staff, so that the City has real-time access to the status of each review, and for the sake of easy future access. All plans will be reviewed to ensure compliance with the City’s water efficient landscaping guidelines as well as adherence to previously developed Conditions of Approval. CWDG will utilize the City’s existing landscape plan review checklist (if available) or can work to develop a living checklist parallel to our first plan review effort. The first plan review will be performed in a 10-business day window, beginning upon receipt of plans from the City and ending with comments and redlines returned to the applicant. The designated City representatives will be copied on all email correspondence with the applicant and will have direct access to

download all plan checks in their current format. We will maintain a current Plan Check Log, which also will be shared with the City.

C. INSPECTION SERVICES: CWDG anticipates that initial
inspection requests by the applicant will be made through City staff. Upon notification from the City for an inspection request, the CWDG team will contact the applicant to schedule an inspection with them within 48 hours (often 24 hours is sufficient). CWDG will conduct field inspections, and assist staff as needed to perform inspections of completed development projects and infill properties, and interim inspections as needed during the landscape construction process to ensure proper installation of irrigation and landscaping to comply with the approved construction plans, project conditions of approval, applicable Specific Plan requirements, and the City’s Water Efficient Landscape Guidelines. CWDG will confer/coordinate with the project landscape architect, contractor, etc., in the field and office as needed to provide direction/clarification on issues as needed. We will verify landscape and irrigation audits are conducted by the developer’s third-party consultant, as required by the City’s Water Efficient Landscape Guidelines.

D. COMMUNITY FACILITIES DISTRICT (“CFD”) LANDSCAPE
MAINTENANCE CONTRACT COMPLIANCE AND MONITORING:

1. CWDG will review awarded Landscape Maintenance Contracts with the City of Calimesa’s Public Works Department. CWDG will review awarded Contracts to determine if they include appropriate standards and details to reference the minimum requirement/expectation of the contractors. CWDG will create a matrix of each CFD area assigned to inspect and monitor. The matrix will include key details, including, but not limited to, Period of Performance, Contractor Contact information, Scope of Work, and Specific Deliverables. CWDG will develop an overall system for organizing current and proposed future CFD areas, a maintenance schedule to follow, and review of contract requirements with the City.

2. CWDG will conduct regular site visits and inspections of the assigned CFD Areas. During these visits, CWDG will document and assess the quality of work, adherence to the contract specifications, and overall performance and completeness of the maintenance activities. We will document and verify mowing, pruning, fertilization, irrigation, pest control, and general cleanliness to ensure that the landscape is well-maintained and visually appealing as well as being compliant with the maintenance contract.

3. In addition, CWDG will monitor, review, and inspect, CIP, and landscape projects and renovations as directed by the City.

4. CWDG will work directly with City Staff to promptly address performance measures for each of the assigned Contractors, including, but not limited to,

providing photographs and narratives from site inspections to assist the City with Contract Performance Compliance Enforcement.

5. The CWDG team will provide the City with Monthly Reports outlining key factors, as identified by the City, to ensure CFD Landscaping is in maintained to City and community standards. Our team will report monthly on inspection schedules, contractor performance and any requests for extra work for repairs or contract items as requested by the City.

E. OTHER RELATED SERVICES:

1. CWDG’s primary landscape plan reviewer and inspector is also an ISA Certified Arborist. CWDG would be able to offer arborist assessment services for City owned or resident/property owner trees if needed.

2. If requested by the City, CWDG can assist staff with developing information for the public regarding the use of drought tolerant and low-water using plant schemes.

3. CWDG can monitor California legislation related to landscape and water efficiency changes and inform the City of the new requirements.

4. CWDG can review and process applications/permits related to the City’s Tree Preservation ordinance, including review of oak tree pruning permits, oak tree removal/encroachment permits, and oak tree preservation/replacement plans.

EXHIBIT B

APPROVED FEE SCHEDULE
The following is the CWDG current standard rate schedule to provide all work mentioned in the submitted Statement of Qualifications dated June 16, 2023 and revised July 5, 2023.

COMMUNITY WORKS DESIGN GROUP

LANDSCAPE ARCHITECTURE & PARK PLANNING
4649 BROCKTON AVENUE
RIVERSIDE, CA 92506
SUBMITTED BY:

STATEMENT OF QUALIFICATIONS
JUNE 16, 2023

LANDSCAPE CONDITIONS OF APPROVAL
PREPARATION, PLAN REViEW AND
iNSPECTiON SERViCES
Attachment 9B

(This page intentionally left blank)

June 16, 2023 - UPDATED July 5, 2023
Attn: Kelly Lucia, Planning Director
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
RE: Statement of Qualifications for On-Call Landscape Conditions of Approval Preparation, Plan Review and Inspection Services for the City of Calimesa Dear Kelly,
The Community Works Design Group (CWDG) team is pleased to present this Statement of Qualifications for On-Call Landscape Architectural Services, including but not necessarily limited to preparation of Conditions of Approval, Plan Review and Inspection Services for the City of Calimesa. Our Riverside-based firm specializes in assisting public agencies with community outreach and engagement, design, plan review, inspection, and construction administration for the betterment of public and private landscapes throughout the State of California, with many successful landscape projects designed and enjoyed within Riverside County.

Our firm takes pride in our ability to provide a fully-dedicated level of service to our municipal clients.

Accordingly, we intentionally and selectively limit our services to opportunities where can guarantee that ongoing client satisfaction can be fulfilled. Based upon our understanding of the City of Calimesa’s needs, we are confident that we can meet your needs and hopefully exceed your expectations. Our team currently provides a comparable array of services for two small-to-medium sized cities within the Inland Empire, including the City of Highland in San Bernardino County and the City of Eastvale in Riverside County. Services are provided in a true “team” format, where our staff members effectively and efficiently contribute their most applicable skills toward each contracted task, as opposed to relying on one individual to be a jack-ofall-trades.

We appreciate your consideration of our team for your Landscape and Irrigation Plan Check and Inspection Services. Please feel free to reach out directly to me if you have any questions regarding the information contained within this Statement of Qualifications.

Respectfully submitted,

COMMUNITY WORKS DESIGN GROUP
Scott Rice ASLA, LEED AP, CASp
President
Landscape Architect CA #5111 / NY #2645
Certified Access Specialist CASp-709
[email protected]
4649 Brockton Avenue - Riverside, CA 92506 - (951) 369-0700 / (951) 369-4039 fax- www.cwdg.fun

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
iv
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STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
v

FIRM INFORMATION
Community Works Design Group (CWDG) provides
Landscape Architectural and Municipal Planning
services throughout the State of California. Originally established in 1985 as Elliott Maloney Landscape
Architecture and later known as T.I. Maloney
Landscape Architecture (1990-1999), our firm
focuses on Park, Recreation, Streetscape and Trails
Planning projects. CWDG has a ready and available
staff of eight professionals. We draw upon four
Licensed Landscape Architects, a LEED Accredited
Professional, an in-house ISA Arborist, a Certified
Irrigation Designer/Certified Landscape Irrigation
Auditor, a SITES Accredited Professional, and two
Certified Access Specialists (CASp).

Community Works Design Group does what its name
implies - it assists communities with the design of
park projects that Work. Our focus is on park and
recreation and municipal projects and has been since
day one in 1985. We come from your side of the
fence. Scott Rice has served under contract as City
Landscape Architect for City of Highland continuously
since 2005. Additionally, Dan Burkhart and Analicia
Escobar-Gomez both have experience working
directly for municipalities in the public sector.

We are a LOCAL firm, with the majority of our
employees residing in Riverside County. Our office is
located within 25 miles of City Hall, and our President, Scott Rice, lives mere minutes away in Yucaipa.

COMMUNITY WORKS DESIGN GROUP, LLC (CWDG)
Landscape Architecture - Planning
4649 Brockton Avenue
Riverside, California 92506
(951) 369-0700
Federal I.D. 82-1854334
California Department of Industrial Relations #: PW-LR-1000707823 State of California Business License Number for Community Works Design Group, LLC: 201715310272 PRINCIPAL:

CONTACT:
“Designing your Dreams” starts here at our two story design studio - complete with an indoor spiral slide and a 25’ swing! CWDG has designed over 300
park and public landscape projects
in our 35+ year history, including 30 parks
within the past 5 years (2018-present).

Scott Rice ASLA, LEED AP, CASp - President/ Authorized Signer Scott has been the majority owner of CWDG since 2021; His partial ownership in CWDG began in 2017, and he first started working for CWDG in 2002.

Scott Rice, LLA #5111 (Licensed 17+ years since 2005; expiration date: 12/31/24) [email protected] | (951) 369-0700 office / (909) 754-1257 cell

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
vi
• City of Highland - On-Call Landscape Plan Check and Inspection Services (1990-present) Scott Rice has served as City Landscape Architect/ primary contact continuously since 2005 (17+ years) • County of Riverside Facilities Management - On-Call Landscape Architecture Services (2000-present) • Jurupa Area Recreation & Park District - On-Call Park Planning and Landscape Plan Check Services (2015-present) • County of Riverside Facilities Management - On-Call Certified Access Specialist (CASp) Services (2017-present) • Desert Recreation District - Park Plan Check Services (2018-present) • City of Ontario - On-Call Landscape Architecture Services (2019-present) • City of Eastvale - On-Call Landscape Plan Review, Inspection and Design Assistance (2020-present) • City of Los Angeles - On-Call Certified Access Specialist (CASp) Services (2020-present) Specific Department Assignments: Fire, Rec & Parks, Cultural Affairs, Neighborhood Empowerment • City of Palm Springs - On-Call Landscape Architectural Services (2021-present) The Community Works Design Group team is confident that we can provide the City of Calimesa with the high level of detail and attention in Landscape Plan Check and Inspection Services that we have provided to our numerous municipal clients throughout our 38 years of experience in park and public landscape planning and landscape architecture.

Our Managing Principal and three of our dedicated Directors/Senior Project Managers hold current Landscape Architect licensure in the State of California:

Scott Rice LLA #5111 Licensed continuously since October 2005 (17+ years) Dan Burkhart LLA #6092 Licensed continuously since August 2015 (7+ years) Allison Rush LLA #6378 Licensed continuously since August 2018 (4 years) Kay Kite LLA #6760 Licensed continuously since April 2022 (1 year) Additionally, our staff holds a variety of Certifications that supplement our Landscape Architectural services:

FIRM EXPERIENCE
• SITES Accredited Professional (SITES AP)
• LEED Accredited Professional (LEED AP)
• Certified Access Specialist (CASp) x 2
• ISA Certified Arborist (ISA)
• Certified Landscape Irrigation Auditor (CLIA)
• Certified Irrigation Designer (CID)
• Certified Playground Safety Inspector (CPSI)
A selection of our on-call contracts similar or related to Calimesa’s needs are listed below:

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
1 The Community Works Design Group (CWDG) team has experienced both sides of the fence, when it comes to 3rd party landscape architecture services. We have been the applicant’s representative that is frustrated by lack of response by an outside company serving on behalf of the City, or not understanding why the plans are entering a 3rd or 4th review without a clear “finish line”.

Our overall goal as a plan check and inspection consultant is to take the stress off City staff by performing our services as proactively and team-oriented as possible, so that the resulting development can move forward in an expeditious manner with the City’s assurance that all applicable codes and conditions are reflected in the final installed landscape.

A plan check should never be perceived to the applicant as a series of hurdles, rather as the City and their outside consultant (ideally, Community Works Design Group) facilitating the applicant in reaching an acceptable level of plan information, that is compliant with all applicable codes and guidelines, and will produce water-conscious, aesthetically pleasing, realistically maintained landscape and irrigation systems throughout the City.

CWDG has extensive experience in the State of California Model Water Efficient Landscape Ordinance (MWELO) as well as successful implementation of California Native Plantings to maintain water efficiency.

Our team can be a resource to supplement the City’s Water Efficient Landscape Standards to help with recommendations of plants that will thrive within Calimesa’s microclimates. For our work with the City of Highland, CWDG prepares all data collection that is uploaded to the State’s website each January.

The following is our proposed work progression for the City of Calimesa. This is intended to serve as the start of the conversation between our firm and the City, with the scope fine-tuned to best align with the City’s needs.

ENTITLEMENT-LEVEL REVIEW: Upon notification from the City, a member of our team will be available to pick up hard copies of the applicant’s initial submittal, or will download the electronic plans (if electronic submittal is available). We will be available to meet and/or discuss via e-mail and phone with City staff for initial dialogue, if requested. The initial conceptual-level plans will be logged in for tracking purposes. All related documents including plan check checklist will be shared with City staff on a cloud-based web-accessible platform, so that applicable City staff have realtime access to the status of each review, and for the sake of easy future access.

Initial conceptual-level plans will be reviewed against the most stringent of the site-specific guidelines. For instance, if a project falls within a Specific Plan area, we will ensure that the landscape features align with the landscape program identified within that document, in addition to the minimum City-wide expectations. All plans will be reviewed to ensure they are accounting A.

STATEMENT OF UNDERSTANDING AND APPROACH

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
2 for compliance with the City’s Water Efficient Landscape Guidelines, including preliminary water budgeting and grouping of plants by water use. In addition, we understand review of civil and/or grading plans may be needed to ensure consistency with landscape plans.

Upon our review of plans, we will generate an itemized report of comments that will be shared with City staff. These findings will be provided in the City’s requested format (Microsoft Word, Adobe InDesign, etc.) and returned electronically. Upon initial City feedback, we will work with the City team to develop Landscape Conditions of Approval from the most applicable comments. Our goal will be to complete the initial preliminary comments within 5 business days of receipt to allow the City time to further discuss with the applicant’s team and to prepare associated Staff Reports.

For all subsequent correspondence, our goal will be to complete our portion of review within 3-5 business days, as to not delay the processing timeline of the overall application.

Scott Rice, Principal Landscape Architect, will be available for any and all requested City meetings, including but not limited to Staff level, Design Review, Planning Commission, etc., if requested.

Scott has 20+ years of experience in speaking at City meetings, and regularly is invited to participate in Planning Commission hearings in the City of Highland.

B. PLAN CHECK SERVICES:

Our team will utilize a comparable manner of commencing our review process of landscape construction drawings along a similar path as we have proposed for the entitlement-level review.

Upon notification from the City, a member of our team will be available to pick up hard copies of the applicant’s submittal, or will download the electronic plans (if electronic submittal is available).

We will be available to meet and/or discuss via e-mail and phone with City staff for initial dialogue, if requested. The initial plans will be logged in for tracking purposes. All related documents including plan check checklist will be shared with City staff, so that the City has real-time access to the status of each review, and for the sake of easy future access.

All plans will be reviewed to ensure compliance with the City’s water efficient landscaping guidelines as well as adherence to previously developed Conditions of Approval. We will utilize the City’s existing landscape plan review checklist (if available), or can work to develop a living checklist parallel to our first plan review effort. The first plan review will be performed in a 10 business day window, beginning upon receipt of plans from the City and ending with comments and redlines returned to the applicant. The designated City representatives will be copied on all email correspondence with the applicant, and will have direct access to download all plan checks in their current format. We will maintain a current Plan Check Log, which also will be shared with the City.

Our Principal Landscape Architect,
Scott Rice, has participated in City
of Highland Planning Commission
hearings since 2005, including
the modified and Zoom-based
meetings held during the pandemic.

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
3 COMMUNITY FACILITIES DISTRICT (CFD) LANDSCAPE MAINTANENCE CONTRACT COMPLIANCE AND

MONITORING

1. CWDG will review awarded Landscape Maintenance Contracts with the City of Calimesa’s Public Works Department. We will review awarded Contracts to determine if they include appropriate standards and details to reference the minimum requirement/expectation of the contractors. We will create a matrix of each CFD area assigned to inspect and monitor. The matrix will include key details, including, but not limited to, Period of Performance, Contractor Contact information, Scope of Work, and Specific Deliverables. Our team will develop an overall system for organizing current and proposed future CFD areas, a maintenance schedule to follow, and review of contract requirements with the City.

2. CWDG will conduct regular site visits and inspections of the assigned CFD Areas. During these visits, CWDG will document and assess the quality of work, adherence to the contract specifications, and overall performance and completeness of the maintenance activities. We will document and verify mowing, pruning, fertilization, irrigation, pest control, and general cleanliness to ensure that the landscape is well-maintained and visually appealing as well as being compliant with the maintenance contract.

INSPECTION SERVICES
We anticipate that initial inspection requests by the applicant will be made through City staff.

Upon notification from the City for an inspection request, our team will contact the applicant to schedule an inspection with them within 48 hours (often 24 hours is sufficient). CWDG will conduct field inspections, and assist staff as needed to perform inspections of completed development projects and infill properties, and interim inspections as needed during the landscape construction process to ensure proper installation of
irrigation and landscaping to comply with
the approved construction plans, project
conditions of approval, applicable Specific Plan
requirements, and the City’s Water Efficient
Landscape Guidelines.

CWDG will confer/coordinate with the
project landscape architect, contractor, etc.,
in the field and office as needed to provide
direction/clarification on issues as needed.

We will verify landscape and irrigation audits
are conducted by the developer’s third-party
consultant, as required by the City’s Water
Efficient Landscape Guidelines.

C.

D.

Our Assistant inspector, Luke Morris, is pictured above as he oversees the installation of large specimen trees on a project in Highland.

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
4 OTHER RELATED SERVICES

1. CWDG also supports the City of Highland with Certified Access Specialist (CASp) services and is available to perform plan review and inspection services related to accessibility compliance if requested by the City, and at the same rates as Landscape Architectural services.

2. CWDG’s primary landscape plan reviewer and inspector is also an ISA Certified Arborist. He currently performs tree analysis of City-owned trees on the City of Eastvale’s behalf when compliants are filed by residents. We would be able to offer arborist assessment services if needed.

3. If requested by the City, our team can assist staff with developing information for the public regarding the use of drought tolerant and low-water using plant schemes.

4. CWDG can monitor California legislation related to landscape and water efficiency changes and inform the City of the new requirements.

E.

3. In addition, CWDG will monitor, review, and inspect, CIP, and landscape projects and renovations as directed by the City.

4. CWDG will work directly with City Staff to promptly address performance measures for each of the assigned Contractors, including, but not limited to, providing photographs and narratives from site inspections to assist the City with Contract Performance Compliance Enforcement.

5. Our team will provide the City with Monthly Reports outlining key factors, as identified by the City, to ensure CFD Landscaping is in maintained to City and community standards. Our team will report monthly on inspection schedules, contractor performance and any requests for extra work for repairs or contract items as requested by the City.

CWDG staff has extensive history and field experience directly tied to both sides of the landscape design and management as well as construction and maintenance services. Our inspectors currently deliver services and oversight in regard to landscape plan check, installation/ inspection, and ongoing management of landscape resources for multiple jurisdictions within the Inland Empire area. Our inspectors have worked for and with organizations like Cal Trans, local municipalities, resource conservation districts, , educational institutions, and homeowner associations for example. CWDG has the unique field experience from the General Contractor side that can be leveraged along with our expertise in Landscape Architectural services knowing the means, methods, and typical operational characteristics of both worlds that allows for efficient communication and coordination that delivers balanced value and additional experience for our clients benefits.

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
5 Examples of recent plan reviews
The CWDG team has recently, or is currently providing plan review services in two local cities and for a few Park Districts. Here are a few examples of the breadth of our current plan review and inspection experience:

CITY OF HIGHLAND
• The City is currently processing more than ten (10) speculative warehouse projects, ranging in size from 30,000 square feet to nearly 500,000 square feet. • We have reviewed and are currently inspecting housing tract projects for Beazer, D.R. Horton, and Monte Vista Homes projects, including model homes, front yard typical landscapes, HOA pool areas, park sites, trails, streetscapes with medians and roundabouts, and much more. • We are reviewing several apartment complexes and townhomes, ranging from 100- 500+ units each, and including one multi-story project utilizing State density credits. • We have completed plan review on a retail center with two main anchor stores, several restaurants, gas stations, and outdoor seating within the Greenspot Village Specific Plan area.

We are assisting an entitlement application for an undisclosed but highly sought-after wholesale

CITY OF EASTVALE
• We are reviewing the first few planning areas of the City’s proposed “new downtown” within the Leal Specific Plan.
• We continue to review a series of warehouse projects for clients such as Goodman and Transwestern.
• We are inspecting landscape improvements to several commercial properties, including Chickfil-A, Quick Quack Car Wash, Starbucks, and others.

DESERT RECREATION DISTRICT
• We are reviewing Design Development drawings fora Proposition 68 Statewide Park Program grant winner ($8.5 million) called Thermal Community Park.

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
6 The Community Works Design Group team offers a unique combination of relevant project experience, creative design ability, and comprehensive technical skills. Scott Rice will oversee all Landscape Plan Check and Inspection Services, serving as Quality Assurance and Quality Control of the services offered by our team.

He will be the primary representative for in-person meetings with City Staff and applicants, and providing representation at Planning Commission and City Council meetings when requested. Dan Burkhart will be the Primary Plan Reviewer, drawing upon assistance from other office staff in tasks such as accessibility expertise, typing comment summaries, and scanning documents as needed.

Included on the Community Works Design Group Team for City of Calimesa services are:

Scott Rice ASLA, LEED AP, CASp Principal Landscape Architect - Public Meetings and QA/QC Dan Burkhart ASLA, ISA, sUAS Senior Landscape Architect - Primary Plan Reviewer + Inspector Analicia Escobar-Gomez MPA Senior Project Manager - Client and Applicant Coordination Kay Kite ASIC, CID, CLIA Landscape Architect – Certified Irrigation Designer/Water Auditor Luke Morris Native Plant Specialist + Assistant Inspector Cindy Ingram Office Manager

SCOTT RICE
ASLA, LEED AP, CASp
President

KAY KITE

ASIC, CID, CLIA
Director of
Regenera�ve Prac�ces

SUPPORT STAFF
Luke Morris, Landscape Designer
Brian Espinoza, Landscape Designer
Joshua Mainez, Design Assistant
Cindy Ingram, Office Manager

ALLISON RUSH
ASLA
Director of Design + Crea�vity

ANALICIA ESCOBAR-GOMEZ
MPA
Director of Community
Engagement

DAN BURKHART
ASLA, ISA, sUAS
Director of Implementa�on
+ Value
Any staffing adjustments will be subject to City authorization prior to implementation.

STAFF ORGANIZATION

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
7 TEAM RESUMES
Mr. Scott Rice is President and Managing Principal of Community Works Design Group (CWDG). He has managed over $150 million of park projects during his tenure at CWDG. Scott oversees the development of construction documents, plan checking, cost estimating, conceptual rendering, and construction observation and management.

Scott graduated with honors from Cal Poly Pomona, earning a Bachelor of Science Degree in Landscape Architecture. He is a full member of the American Society of Landscape Architects (ASLA). Additionally, Scott is a LEED Accredited Professional (LEED AP), as designated by the United States Green Building Council (USGBC), and a Certified Access Specialist (CASp) as issued by the State of California, Division of the State Architect. Scott is one of only three Landscape Architects in California that currently hold CASp Certification.

Scott also serves as the City Landscape Architect for the City of Highland, California, and has acted in that capacity since 2005. Scott also has served as a Contract Park Planner for Jurupa Community Services District (JCSD) since 2003 and Consultant Park Planner/ Plan Checker for Jurupa Area Recreation and Park District (JARPD) since 2015.

Mr. Rice draws on previous work experience in graphic design and golf course maintenance to integrate high aesthetic quality in balance with functional, cost-effective design. His focus is in Public Works projects for various municipalities throughout the State, including Park Planning of various scales, including Community, Neighborhood, Sports, and Pocket Parks, as well as median and parkway landscape, and LMD/ CFD planning. Specialized areas of involvement include Skate Parks, Dog Parks, and Accessible Play. In addition to Park Planning, Scott is seasoned in the landscape architectural development of Multi-family Housing, Planned Residential Communities, Highway Aesthetic Design, Custom Residential Planning, and various private/commercial ventures.

In addition to Scott’s 20+ year tenure with CWDG, Scott took a year-long hiatus in 2010 to co-manage the design division of an internationallyrecognized design/build firm, specializing in skate parks and action sports facilities throughout the world. When not in the office, Scott enjoys the fruits of his labor – parks and trails – with his wife and five children.

EDUCATION:

Bachelor of Science in
Landscape Architecture
California State Polytechnic University,
Pomona (2002)
Years of Experience: 25
Years with Firm: 20+
LICENSES + CERTIFICATES:

Licensed Landscape Architect
California #5111 (2005-current)
New York #2645 (2016-current)
Certified Access Specialist
California CASp-709 (2016-current)
AFFILIATIONS:

American Society of Landscape
Architects (ASLA)
Full Member
Executive Committee Member ,
Southern CA Chapter (2020-present)
U.S. Green Building Council
LEED Accredited Professional
Certified Access Specialist Institute
Full Member
Building Industry Association
Riverside County Chapter Member,
Board of Directors
(2021-present)
Leaders of Tomorrow (LOT) Committee
2017 Chairman
SCOTT RICE ASLA, LEED AP, CASp

PRINCIPAL LANDSCAPE ARCHITECT

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
8 DANIEL BURKHART ASLA, ISA

SENIOR LANDSCAPE ARCHITECT / PLAN REVIEWER/ INSPECTOR
Mr. Dan Burkhart is a Senior Landscape Architect at Community Works Design Group (CWDG) joining the firm in early 2020. Dan is charged with maintaining CWDG construction development and documentation process as well as mentoring and guidance of junior staff. Dan handles plan checking, in house reviews, and CD support in addition to specification, estimating, and construction oversite. Dan is often referred to as Coach in the office and works diligently to elevate and improve CWDG’s production and efficiency.

Dan graduated from Cal Poly Pomona, earning a Bachelor of Science degree in Landscape Architecture. He started his journey in the field with the City of Anaheim, working within the Parks Department at Dad Miller Golf Course. He continued on exploring the Nursery side with Armstrong Garden Centers before moving into Design Practice after graduation. After working up to the project manager level, Dan ventured to the Design build practice with Valley Crest Companies.

Shifting into the realm of sustainability Dan laced his boots and worked up to the position of general superintendent with a Landscape Habitat and Mitigation General Contractor, designing, creating, restoring, and maintaining naturalized habitats.

Moving to the public side of the practice Dan was the Senior Landscape Inspector for the City of Yorba Linda LMAD group. Supervising staff, managing contracts, and design and inspection duties for the City. Dan worked with management and the public to improve the city’s 22,000 trees and over 500 acres of City maintained landscape.

Dan brings a wealth of design, installation, and maintenance experience to CWDG earned over his 24-year journey. Dan’s varied and wide experience on both sides of the table includes the Private and Public sectors at all levels and gives him an understanding of different points of view and the forces involved. Dan has started with a shovel and a pencil and has demonstrated an ability to listen, learn, and advance in the profession. Licensed as a Contractor, Certified Arborist, QAL, FAA Remote Pilot, and being a continual student of all aspects related to the field and process, Dan continues to learn and build while adding items to his tool box and base.

Dan spends his free time with his family, camping, coaching youth baseball, and the restoration and building of classic cars.

EDUCATION:

Bachelor of Science in
Landscape Architecture
California State Polytechnic University,
Pomona (2001)
Years of Experience: 25
Years with Firm: 3
LICENSES + CERTIFICATES:

Licensed Landscape Architect
California #6092 (2015-current)
ISA Certified Arborist
WE-11637A (2016-current)
C-27 Contractor License #840206
(2004 - currently inactive)
FAA UAS Remote Pilot
(2017-current)
California Department of
Pesticide Regulation - QAL
122282 BF (2010-current)
AFFILIATIONS:

American Society of Landscape
Architects (ASLA)
Full Member
International Society of Arboriculture
(ISA)
Full Member

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
9 Ms. Kay Kite is an Irrigation Specialist with Community Works Design Group who specializes in water conservation and efficient irrigation designs. Kay graduated from California State University in San Bernardino, Cum Laude, earning a Bachelor of Arts degree and recently earned a Masters degree in Landscape Architecture from California Polytechnic University in Pomona. Kay has been with CWDG for nearly 25 years.

Kay draws from over twenty years of practical and theoretical irrigation training in order to design systems for projects, ranging from small pocket parks to one hundred and twenty acre sports parks. She has worked with various maintenance personnel both pre and post construction to help refine designs for longevity and practicality while maintaining efficiency.

Working in the irrigation industry in Southern California, she has kept up to date on the ever evolving best practices for efficiency and has had the opportunity to see how they perform in the field with a variety of maintenance levels. As an auditor, Kay has witnessed a wide variety of irrigation installations from peak performance to barely functional or legal. She has assisted multiple educational institutions and municipalities in evaluating their existing systems and developing a plan for upgrading them to be more efficient.

Not limited to irrigation systems, Kay has over 15 years of experience in a variety of landscape design projects including various parks, streetscapes, and other private/ commercial ventures. She recently became a licensed Landscape Architect in the State of California and is able approach design projects from both sides of the design table, creating a balance between aesthetic preference and spaces that can be practically irrigated. She uses this balance to advise other Landscape Architects on plant selection and design to maximize water conservation while maintaining the desired look of the project.

KAY C. KITE ASIC, CID, CLIA, CPSI

SENIOR LANDSCAPE ARCHITECT / CERTIFIED IRRIGATION DESIGNER EDUCATION:

Bachelor of Arts
California State University,
San Bernardino
Master of Landscape Architecture
California State Polytechnic University,
Pomona (2020)
Years of Experience: 25
Years with Firm: 24
LICENSES + CERTIFICATES:

Certified Irrigation Designer
#006190
Certified Landscape Irrigation Auditor
#006190
Licensed Landscape Architect
California #6780
AFFILIATIONS:

American Society of Landscape
Architects (ASLA)
Full Member

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
10 PERSPECTIVE RENDERING - FACING NORTH
STATE ROUTE 210 BASE LINE OVERPASS AESTHETICS
CITY OF HIGHLAND DATE: 04/30/2018

DECORATIVE

PILASTERS W/BRICK FACADE TOWN CENTER DECORATIVE

STREET LIGHTING

DECORATIVE

POLE BASES

ORNAMENTAL IRON

FENCING

PERFORATED STEEL PLATE W/TUBULAR STEEL

FRAME AND SOLID STEEL PLATE ACCENTS

BRICK FACADE AT

BRIDGE BARRIER
* ALL STEEL TO BE POWDER COATED WITH

CALTRANS APPROVED COLOR SCHEME
42” TALL WHITE BOXED PLATE STEEL

LETTERING WITH ORANGE BORDER

SOLID STEEL RIPPLED EDGE

GROVES ATOP TAN STEEL PLATE
24” TALL WHITE BOXED PLATE STEEL

LETTERING WITH ORANGE BORDER

SOLID STEEL PANEL - GREEN

WITH RAISED SPHERICAL

ORANGES

PERFORATED STEEL

PLATE - BLUE
2” TUBULAR STEEL

ACCENT FRAMING

REMOVABLE FENCE PANEL

FOR LIGHT ACCESS

FLUSH MOUNTED UPLIGHTS

IN BRIDGE BARRIER

BRICK WRAPPED WALL

PERFORATED STEEL PLATE - BROWN

PERFORATED STEEL PLATE - TAN
4” TUBULAR STEEL FRAME - BLACK

HISTORIC ORANGE PACKING

LABELS WITH DECORATIVE LIGHTS
We encourage you to contact these references for a candid assessment of our firm’s Landscape Plan Checking capabilities, especially relating to responsiveness, punctuality, timeliness, thoroughness, and ability to work well with City staff and applicants to reach successful plan approval and implementation:

City Landscape Architect/ Inspector:

Scott Rice (2005-present)
CWDG served as prime consultant for various park, trails, streetscape, and turf reduction projects throughout the City. CWDG also has provided all Landscape Plan Check and Inspection Services for the City continuously since 1990.

CITY OF HIGHLAND
CWDG Staffing:

Services rendered:

Client:

Kim Stater, Assistant Community
Development Director
(909) 864-6861
[email protected]
Contact:

We have reviewed over 300 landscape
plans for the City, and have provided
input on several key Specific Plans for
commercial, industrial and residential
zones within the City.

City-wide Turf Reduction Improvements
(Completed 2017); SR 210/ Base Line
Widening - Landscape and Community
Identity Improvements (100% Design)
Reference Projects:

Our work experience with the City of Highland
involves extensive coordination between Public
Works and Planning Divisions, City residents
and business owners, Caltrans, County of San
Bernardino, and many others.
“ Community Works Design Group has been the City of Highland’s exclusive Landscape Architectural firm “
since 1990. Their commitment to the City is reflected in their quality of work, timely response and customized solutions to our challenges, and overall responsiveness. - Lawrence A. Mainez, Community Development Director - City of Highland Additional:
“ The City deeply appreciates Scott Rice’s ability to approach landscape designs from the City’s standpoint “ in terms of balancing appearance, maintenance, and budget. - Carlos Zamano, Community Development Director - City of Highland

EXPERIENCE AND REFERENCES

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
11 Client:

Principal Plan Reviewer: Scott Rice/Dan Burkhart
Project Managers: Allison Rush, Kay Kite
CWDG also has provided all Landscape Plan Check and Inspection Services for the District continuously since 2015. CWDG also has served as prime consultant for various park design and renovation projects throughout the District.

JURUPA AREA RECREATION & PARK DISTRICT (JARPD)
CWDG Staffing:

Services rendered:

Colby Diuguid, General Manager
(951) 361-2090 | [email protected]
Contact:

Client:

Principal Plan Reviewer: Scott Rice/Dan Burkhart
Project Managers: Allison Rush, Kay Kite
CWDG also has provided Park Plan Review Services for the District since 2018.

DESERT RECREATION DISTRICT (DRD)
CWDG Staffing:

Services rendered:

Troy Strange, Director of Planning and Public Works
(760) 347-3484 | [email protected]
Contact:

Client:

Principal Plan Reviewer: Scott Rice/Dan Burkhart
Project Managers: Allison Rush, Kay Kite
CWDG also has provided Landscape Plan Check and Inspection Services for the District continuously since 2020, and exclusively since March 2023. Prior to Eastvale becoming a City, CWDG served as plan check consultant for Jurupa Community Services District, the Community Services agency serving the City of Eastvale.

CITY OF EASTVALE
CWDG Staffing:

Services rendered:

Gustavo Gonzalez, AICP, City Planner
(951) 703-4499 | [email protected]
Contact:

EXPERIENCE AND REFERENCES (CONTINUED)

STATEMENT OF QUALIFICATIONS FOR LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES

CITY OF CALIMESA
JUNE 16, 2023 - UPDATED JULY 5, 2023
12 The following is our current standard rate schedule to provide all work mentioned in our Statement of Qualifications. Upon further discussion with City, we are willing to negotiate our fees to best align with the City’s expectations where necessary. The bulk of our services will be handled by Dan Burkhart, Senior Landscape Architect/ ISA Certified Arborist, while certain tasks such as public meetings will be handled by our Principal Landscape Architect, Scott Rice. Our Assistant Inspector will provide intermediate inspections where a lower billing rate can be prudently exercised. We will have Staff assist with scanning documents and providing supplemental documentation at the lowest rate when feasible.

NORMAL HOURLY RATES
Principal Landscape Architect’s time at the fixed rate of: $215.00 per hour Senior Landscape Architect/ Plan Reviewer’s time at the fixed rate of: $160.00 per hour ISA Certified Arborist’s time at the fixed rate of: $160.00 per hour Certified Irrigation Designer’s time at the fixed rate of: $160.00 per hour Landscape Designer/ Assistant Inspector’s time at the fixed rate of: $130.00 per hour Professional Staff’s time at the fixed rate of: $ 75.00 per hour

REIMBURSABLE ITEMS
Reimbursable items, such as the cost of plotting, graphic reproduction and shipping, at our direct cost plus 15%. Auto travel shall be charged at the current IRS Reimbursable Rate. Reimbursable items are billed in addition to the stated fee.

TERMS AND CONDITIONS OF PAYMENT
We will bill in proportion to the percentage of work complete at the time of billing. We generally invoice our work during the middle of the month following the actual services rendered. All billing statements are due upon receipt.

PROPOSED FEES / CURRENT BILLING RATES

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: FIRST AMENDMENT TO AGREEMENT FOR ENGINEERING

SERVICES WITH TKE ENGINEERING
MEETING DATE: August 7, 2023
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the First Amendment to Agreement for Engineering Services between the City of Calimesa and TKE Engineering, Inc.

BACKGROUND: In October 2012, the City of Calimesa entered into an Agreement for Engineering Services with TKE Engineering (TKE) of Riverside, CA, following a competitive bidding process.

Since that time, Michael Thornton, President of TKE, has served as the City Engineer. The Agreement has not been amended since the original contract was entered into, including hourly rates listed in Exhibit A of the Agreement.

DISCUSSION: In light of the increase in costs due to inflation, along with the fact that the Agreement has not been amended since 2012, TKE has requested an increase in their hourly rates.

The hourly rate increases range from 8.7% to 41.2%, depending on the title of the position. The reason for this range is due to the cost of providing certain services relative to the rate currently in place.

TKE has provided valuable services to the City over the past eleven years, therefore staff is recommending that the City Council approve the First Amendment to the Agreement, reflecting a gradual adjustments of rates, beginning with the effective date of this Amendment and increasing annually through 2025.

FISCAL IMPACT: This Amendment will increase the cost of Engineering Services, which are funded through the General Fund, developer deposits, and Capital Projects. Staff will monitor various budgets, but we do not anticipate any budget amendments being necessary at this time.

ATTACHMENTS:

Attachment A: First Amendment to the Agreement for Engineering Services Attachment B: Agreement for Engineering Services Dated October 1, 2012

FIRST AMENDMENT TO THE AGREEMENT FOR

ENGINEERING SERVICES BETWEEN THE CITY OF
CALIMESA, AND TKE ENGINEERING, INC.

This First Amendment (herein “First Amendment”) is entered into this 7 th day of August 2023 and
is an amendment to that certain Agreement (herein “Agreement”) that was made and entered into on October 1, 2012 by and between the City of Calimesa, a California municipal corporation (“City”), and TKE Engineering (“TKE”), a private California corporation. In consideration of the mutual promises set forth herein, the parties agree as follows:

R E C I T A L S
NOW, THEREFORE, the Parties agree as follows:

WHEREAS, on October 1, 2012, the parties agreed that TKE would be retained by the City to perform engineering services on the terms and conditions set forth in an Agreement of that same date; and
WHEREAS, the City and TKE now desire to amend the Agreement to revise Exhibit A – Payment Terms to incorporate revised Hourly Rates in accordance with Section 21 of the Agreement.

Section 1. Exhibit A is hereby amended to incorporate a revised Exhibit A – Payment Terms attached hereto.

Section 2. Except as otherwise amended in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, City and TKE have executed this First Amendment to the Agreement the day and year first above written.

IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to sign below.

CITY OF CALIMESA TKE Engineering, Inc.
________________________________ ___________________________________ WILLIAM DAVIS MICHAEL P. THORNTON

MAYOR PRESIDENT
Attest:
________________________________ ___________________________________ DARLENE GERDES TERRY M. RENNER

CITY CLERK/SECRETARY VICE PRESIDENT
Approved as to form:
________________________________
QUINN M. BARROW

CITY ATTORNEY
Attachment 10A

Attachment 10B

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: APPOINTMENT OF THE LEAGUE OF CALIFORNIA CITIES

VOTING DELEGATE REPRESENTING CALIMESA AT THE

ANNUAL LEAGUE CONFERENCE
MEETING DATE: August 7, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council select a primary voting delegate who will vote on League issues representing the City of Calimesa at the Annual League of California Cities Conference to be held September 20 – 22, 2023 in Sacramento.

BACKGROUND: In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate. The voting delegate must be registered to attend the conference. Council Member Molina is the only member of Council that is registered and who will be attending the conference.

ATTACHMENTS:

Attachment A: Annual Conference Voting Guidelines.

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: CALIMESA BOULEVARD REALIGNMENT AT SINGLETON
ROAD – INITIAL STUDY (IS)/MITIGATED NEGATIVE

DECLARATION (MND) AND MITIGATION MONITORING

AND REPORTING PROGRAM (MMRP)
MEETING DATE: August 7, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: It is respectfully recommended that the City Council adopt Resolution 2023- 46, a Resolution of the City Council of the City of Calimesa California, adopting an initial study/mitigated negative declaration and mitigation monitoring and reporting program for the proposed Calimesa Boulevard Realignment Project at Singleton Road in the City of Calimesa.

BACKGROUND/DISCUSSION:

1. Project Description
The Calimesa Boulevard Realignment at Singleton Road (Project) is a surface transportation enhancement project. The includes realigning an approximate a 0.6-mile reach of roadway such that the intersection of Calimesa Boulevard and Singleton Road would be located approximately 300 feet to the east of its current location. The Project is proposed to accommodate future widening pending improvements to the I-10/Singleton Road interchange. The proposed improvements are shown on the enclosed exhibit (Attachment B).

In order to commence construction of the work, the City must complete California Environmental Quality Act (CEQA) compliance processing, acquire regulatory permits as appropriate, and complete right-of-way acquisitions.

2. CEQA Compliance and Public Outreach:

Pursuant to Section 15063 of the State CEQA Guidelines, the City prepared an Addendum to the General Plan Environmental Impact Report (GP/EIR) supported by technical studies (Attachment C) to determine if the Project would have significant effects on the environment beyond those identified by GP/EIR. The Addendum is intended to be an informational document providing the City Council and the general public with an objective assessment of the potential environmental impacts that could result from the implementation of the Project.

The Addendum found that there is no substantial evidence, in light of the whole record, that the Project would have a significant effect on the environment beyond those identified by the GP/EIR.

Regarding the work to be completed, Staff is continuing with design, permit application processing, and right-of-way acquisition efforts. Until the Calimesa City Council’s adoption of the MND, Staff cannot pursue acquisition of right-of-way. Proposed right-of-way acquisitions are shown on the attached map (Attachment D) – there are no full takes proposed. All property acquisitions will be appraised by an appraiser certified by the State of California as a General Real Estate Appraiser.

Additional compensation for moving expenses, displacement costs, etc. will be part of the negotiating process with the affected property owner.

3. Planning Commission:

In accordance with Calimesa Municipal Code Section 2.45.030 and Government Code Section 65103, the Planning Commission found the project to be consistent with the General Plan by PC Resolution 2023-07 (Attachment E) at the regularly scheduled meeting of July 10, 2023.

It is requested that Council adopt Resolution No. 2023-46, which sets forth findings to adopt the Addendum for the Project.

FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Resolution 2023-46
Attachment B: Project Exhibit
Attachment C: Addendum with Technical Studies
Attachment D: Right-of-Way Acquisitions Map
Attachment E: Planning Commission Resolution 2023-07

1 RESOLUTION 2023-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA CALIFORNIA, ADOPTING AN INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM

FOR THE PROPOSED CALIMESA BOULEVARD

REALIGNMENT PROJECT AT SINGLETON ROAD IN THE

CITY OF CALIMESA
WHEREAS, the City of Calimesa is planning roadway improvements around and near the intersection of Calimesa Boulevard and Singleton Road (Project); and WHEREAS, the proposed Project includes approximately 0.6 miles of roadway improvements along Calimesa Boulevard and Singleton Road; and WHEREAS, the proposed Project constitutes a project that is subject to review under the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (“CEQA Guidelines”) (14 California Code of Regulations Section 15000 et seq.); and
WHEREAS, the City of Calimesa is lead agency for the proposed Project under CEQA; and
WHEREAS, the City undertook environmental review of the Project in accordance with the authority and criteria contained in CEQA and the CEQA Guidelines; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City caused the preparation of an Addendum to the General Plan Environmental Impact Report. There was no substantial evidence that the proposed Project could have a significant effects on the environment; and
WHEREAS, on August 7, 2023, a duly noticed public meeting was conducted by the Calimesa City Council to consider the Addendum for the Project, together with the staff report, and other materials that constitute the record of proceedings for this Resolution, as well as any public comments received at the public meeting.

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

Section 1. The City Council hereby finds that all of the facts set forth in the recitals of this Resolution are true and correct.

Section 2. The City Council has independently reviewed the Addendum, dated December 2019, copies of which are included in the record of proceedings, with the originals on file in Office of the City Clerk of the City of Calimesa, and incorporated herein by this reference. Based on the whole record before it, the City Council finds that the Attachment 12A

2 Addendum was prepared in accordance with CEQA, there is no substantial evidence that the proposed Project will have a significant effect on the environment. The City Council further finds that the proposed Addendum reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Addendum for the proposed Project.

Section 3. The City Council has also independently reviewed and considered the Addendum for the Project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6, and the City Council further finds that the proposed Addendum reflects the independent judgment and analysis of the City Council.

Based on these findings, the City Council hereby adopts the Addendum for the proposed Project.

Section 4. The City Council designates the custodian of records for the Addendum and all other materials that constitute the record of proceedings upon which the City Council’s decision is based, to be the City Clerk of the City of Calimesa, located at 908 Park Avenue, Calimesa, California 92320; telephone number (909) 795-9801.

Section 5. The Community Development Director is authorized and directed to cause a Addendum to be filed in accordance with CEQA.

PASSED, APPROVED, and ADOPTED this 7
th day of August, 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

SINGLETON RD

CALIMESA BLVD
§¨¦10
0 350 Feet K
Attachment B
Calimesa Boulevard - Proposed Alignment
I:\PROJECTS\T\TerraVerdeGrp_02939\00008_CalimesaBlvd\Map\Addendum\Addend.aprx Fig5_Alignment : 02939.8.1 : 11/30/2022 - SAB Source: Aerial (Nearmap, 2022)
Calimesa Boulevard Realignment Project
Project Boundary
Plan Lines
Attachment 12B

Calimesa Boulevard
Realignment Project
Addendum No. 1 to the
City of Calimesa General Plan Update 2013
Environmental Impact Report
SCH No. 2013021033
April 2023 | 02939.00008.001
Prepared for:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Prepared by:

HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
This Attachment 12C is 634
pages and is therefore available
as a separate electronic file
https://www.cityofcalimesa.net/AgendaCenter/
ViewFile/Agenda/_08072023-160
Attachment 12C

SHEET 1 OF 2

SINGLETON ROAD
I-10 FREEWAY

BECKWITH AVENUE

CALIMESA BLVD
LEGEND OF SYMBOLS:

Attachment 12D

Attachment 12E