Calimesa City Council
August 21, 2023

Regular Meeting of the Calimesa City Council
Monday, August 21, 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 DIRECTOR MONSON, 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 21, 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 21, 2023

RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 6)
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 August 7, 2023.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Planning Commission action minutes of a regular meeting of 7/10/2023. b) Parks, Trails & Community Services Commission action minutes of regular meeting of 6/7/2023

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $393,287.36(Check Nos. 40716 to 40780) b) August 1, 2023 Council Payroll of $1,683.75
August 3, 2023 Payroll of $100,384.69

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through July 31, 2023.

5. RESOLUTION TO ESTABLISH POLICY DELEGATING PUBLIC ENTITY CLAIMS HANDLING

RESPONSIBILITIES TO THE CALIMESA RISK MANAGER AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ.

RECOMMENDATION: That the City Council:
a) adopt Resolution No. 2023-47, a Resolution of the City Council of the City of Calimesa, California establishing a policy which delegates public entities claims handling responsibilities to the Calimesa Risk Manager as authorized by Government Code Sections 910, et seq, and
b) Reject Claim CRD No. 202306-20925508 – Cari McCormick vs California Public Employee’s Retirement System

6. SUMMERWIND COMMONS – OFFER OF DEDICATION FOR APN 413-270-021.

RECOMMENDATION: That the City Council authorize City staff to accept and record the offer of dedication for the grant deed to APN 413-270-021.

CALIMESA CHAMBER OF COMMERCE REPORTS

BUSINESS ITEMS

7. ANNEXATION OF CERTAIN PROPERTY TO (A) CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) AS ANNEXATION NO. 2 (ADDING IMPROVEMENT AREA NO. 3) AND (B) CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 4; AND DESIGNATION OF FUTURE ANNEXATION AREA FOR SAID CFD NO. 1.

Regular Meeting of the Calimesa City Council
Monday, August 21, 2023

RECOMMENDATION: That the City Council:

1. Adopt Resolution 2023-48, a Resolution of Intention to annex the commercial portion of Summerwind Commons development into City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) as Annexation No. 2 (adding Improvement Area No. 3) and setting a public hearing for October 2, 2023.

2. Adopt Resolution 2023-49, a Resolution of Intention to annex Summerwind Commons development into City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation No. 4 and Designating Future Annexation Area for CFD No. 1, and setting a public hearing for October 2, 2023.

8. SELECTION OF A NEW NAME FOR THE 4TH STREET PARK.

RECOMMENDATION: That the City Council review and consider the list of names as recommended by the Parks, Trails, and Community Services Commission, and voted on through a community survey completed through the City’s website, and then do one of the following:

1. Select a name based on the results of the Community Survey, or

2. Select a name of the City Council’s choosing, or

3. Make no selection and provide direction to staff.

9. CALIMESA CREEK STAGE III – INITIAL STUDY (IS)/MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP).

RECOMMENDATION: That the City Council approve Resolution 2023-50, a Resolution of the City Council of the City of Calimesa, California approving the IS/MND and Mitigation Monitoring and Reporting Program (MMRP) for the Calimesa Creek Stage III Project.

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: 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 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – Number of Cases: One (1) case

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on September 18, 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 21, 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 August 7, 2023.

ATTACHMENTS:

Attachment A: City Council action minutes of August 7, 2023 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: August 21, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Planning Commission regular meeting of July 10, 2023 and Parks, Trails & Community Services Commission regular meeting of June 7, 2023.

ATTACHMENTS:

Attachment A: Planning Commission action minutes of regular meeting of July 10, 2023.

Attachment B: Parks, Trails & Community Services Commission action minutes of regular meeting of June 7, 2023

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: August 21, 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 $393,287.36 (Check Nos. 40716-40780) b) August 1, 2023 Council Payroll of $1,683.75
August 3, 2023 Payroll of $100,384.69

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

EXPENSES
MEETING DATE: August 21, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through July 31, 2023.

ATTACHMENTS:

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

FISCAL YEAR 2023-24

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00

JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2023-24

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,900.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
1-Jul LOCC Annual Conf Registration $ 650.00 10-Jul LOCC Riverside Division Meeting $ 40.00 31-Jul Airline ticket for Conference $ 336.97
TOTAL TRAVEL/TRAINING $ 986.97 TOTAL MEETING/MILEAGE $ 40.00 REMAINING BALANCE $ 463.03 REMAINING BALANCE $ 560.00

LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

BILL DAVIS TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

FISCAL YEAR 2023-24

COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00

JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: RESOLUTION TO ESTABLISH POLICY DELEGATING PUBLIC ENTITY

CLAIMS HANDLING RESPONSIBILITIES TO THE CALIMESA RISK
MANAGER AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910,
ET SEQ.

MEETING DATE: August 21, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council:
a) adopt Resolution No. 2023-47, a Resolution of the City Council of the City of Calimesa, California establishing a policy which delegates public entities claims handling responsibilities to the Calimesa Risk Manager as authorized by Government Code Sections 910, et seq, and b) Reject Claim CRD No. 202306-20925508 – Cari McCormick vs California Public Employee’s Retirement System
BACKGROUND/DISCUSSION: California Government Code Section 910 provides for the presentation and consideration of claims against public entities, detailing the requirements and processes to be followed. The City of Calimesa follows those required processes and further submits the received Liability Claims to its provider, California Intergovernmental Risk Authority (CIRA) and our third party claims administrator the George Hills Company for review. Once reviewed the City is provided a recommendation from the George Hills Company that could result in a recommendation to reject the claim. Resolution No. 2023-xx would establish a policy to formally delegate public entity claims handling responsibilities to the city’s risk manager.

Additionally, on June 26, 2023 the City Clerk received a copy of a complaint of discrimination filed with the Civil Rights Department (CSD) – CRD No. 202306-20925508 – Cari McCormick vs California Public Employee’s Retirement System. The claim lists over 1500 potential defendants that include members of CIRA. Coverage counsel for CIRA has reviewed the claim and unfortunately CIRA does not cover the claim under its Memorandum of Coverage. As such, CIRA is recommending that each of its member cities consult with their city attorney to see if it makes sense to reject the claim. After consulting with City Attorney Barrow, we are requesting rejection of this claim. A rejection letter is included as Attachment B for your review.

ATTACHMENTS:

Attachment A: Resolution No. 2023-47
Attachment B: Claim Rejection letter

RESOLUTION NO. 2023-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA, CALIFORNIA, ESTABLISHING A

POLICY WHICH DELEGATES PUBLIC ENTITIES

CLAIMS HANDLING RESPONSIBILITIES TO THE

CALIMESA RISK MANAGER AS AUTHORIZED BY
GOVERNMENT CODE SECTIONS 910, ET SEQ.

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

Section 1. The City Council hereby delegates to the City’s Risk Manager the authority to act on its behalf pursuant to Government Code sections 910, et seq. to accept, reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the City.

Section 2. This Resolution shall become effective immediately upon its adoption. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 21st day of August, 2023. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 5A

City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.cityofcalimesa.net
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” August 22, 2023
Brent Robinson
Aiman-Smith & Marcy
7677 Oakport Street, Suite 1150
Oakland, CA 94621
RE: Claimant: Cari McCormick

REJECTION OF CLAIM
Notice is Hereby Given that the claim you presented to the Office of the City Clerk for the City of Calimesa on June 26, 2023 was rejected effective August 21, 2023. Please note that this serves as formal notice to you regarding the statute of limitations guidelines mandated by the Government Code.

WARNING
Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action in a municipal or superior court of the State of California on this claim. See Government Code section 945.6. This warning applies only to State claims and does not apply to statutes of limitations for Federal causes of action.

Please also be advised that, pursuant to Section 128.5 and 1038 of the California Code of Civil Procedure, the City will seek to recover all costs of defense in the event a lawsuit is filed in the matter and it is determined that the action was not brought in good faith and with reasonable cause. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.

Should you have any questions regarding your claim or this notice, please contact the City Attorney, Quinn Barrow at 213.626.8484.

Sincerely,
Darlene Gerdes
Deputy City Manager/City Clerk/Risk Manager
Attachment 5B

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: SUMMERWIND COMMONS – OFFER OF DEDICATION FOR APN 413-270-021
MEETING DATE: August 21, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff recommends that City Council authorize City staff to accept and record the offer of dedication for the grant deed to APN 413-270-021.

BACKGROUND: The Summerwind Commons development is conditioned to dedicate required right-of-way for ultimate I-10/Cherry Valley Boulevard interchange improvements. The City has received an offer of dedication from Calimesa 2 Holdings LLC (Developer), for APN 413-270-021 in the form of a Grant Deed.

ATTACHMENTS:

Attachment A: Grant Deed

Attachment 6A

City of Calimesa
908 Park Avenue
Calimesa, California 92320

CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION
(Gov’t Code § 27281)
(Grant Deed on APN 413-270-021)
This is to certify that the grant to the City of Calimesa the deed of that certain real property identified as Riverside County Tax Assessor’s Parcel Number 413-270-021, which is described more particularly in Exhibit “A” and depicted on Exhibit “B” to the attached Offer of Dedication is hereby accepted under the authority of the City Council of the City of Calimesa, and the City of Calimesa hereby consents to the recordation thereof by its duly authorized officer.

Dated: _________________________
City of Calimesa, a municipal corporation
By: ______________________________
William Davis, Mayor
Attest:

By: _________________________________
Darlene Gerdes, Deputy City Manager/
City Clerk
Approved as to form:

By: _________________________________
Quinn Barrow, City Attorney

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: ANNEXATION OF CERTAIN PROPERTY TO (A) CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND
TRAILS) AS ANNEXATION NO. 2 (ADDING IMPROVEMENT AREA NO. 3) AND (B) CITY OF CALIMESA PUBLIC SERVICES COMMUNITY
FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 4; AND DESIGNATION OF FUTURE ANNEXATION AREA FOR SAID CFD NO. 1 MEETING DATE: August 21, 2023
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council:

1. Adopt Resolution 2023-48, a Resolution of Intention to annex the commercial portion of Summerwind Commons development into City of Calimesa Community Facilities District No. 2018- 1 (Summerwind Trails) as Annexation No. 2 (adding Improvement Area No. 3) and setting a public hearing for October 2, 2023.

2. Adopt Resolution 2023-49, a Resolution of Intention to annex Summerwind Commons development into City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation No. 4 and Designating Future Annexation Area for CFD No. 1, and setting a public hearing for October 2, 2023.

BACKGROUND: Community Facilities Districts are a form of financing that can be used by cities, counties, school district, and special districts. CFDs raise money through special taxes that must be approved by 2/3 of the voters within the CFD. Most often, CFDs are formed by the landowner prior to subdivision. A CFD can be formed to finance a wide list of improvements, which include roads, water facilities, sewers and schools. They are also used to finance ongoing maintenance services such as landscaping, streets, lighting and drainage facilities. The taxes are secured by a continuing lien and are levied against property within the district on an annual basis. The revenue stream is used to pay debt service on bonds to finance facilities and to pay for services on a pay as you go basis by the annual special tax for services.

DISCUSSION: The City is in receipt of a Petition (including consent and waiver) with respect to a development for Summerwind Trails from the owner of the property known as the Summerwind Commons development (the “Owner”), which property consists of approximately 36 acres that are currently zoned as a combination of commercial (Phase I) and residential (Phase II) (the “Property”).

The Owner is requesting that the City move forward and declare its intent to (a) annex the commercial portion of the Property (Phase I) to the City of Calimesa Community Facilities District No. 2018-1

(Summerwind Trails) (“CFD No. 2018-1”) as Annexation No. 2 (adding Improvement Area No. 3) for the purpose of financing a portion of the cost of providing lighting maintenance, including traffic signals, streets and sidewalk maintenance, street landscape maintenance, street maintenance and storm drain and detention basin maintenance services (the “CFD No. 2018-1 Services”), and (b) annex the full development (Phase I and Phase II) to the City of Calimesa Public Services Community Facilities District No. 1 as Annexation No. 4 for the purpose of funding law enforcement, fire, paramedic, and park maintenance services (the “CFD No. 1 Services,” and together with the CFD No. 2018-1 Services, the “Services”).

The Property is slated for approximately 168 residential units (detached condominium units) and 76,680 square feet of convenience store, car wash, child care, quick service retails and coffee shop.

The Rate and Method of Apportionment for Improvement Area No. 3 for CFD No. 2018-1 sets a maximum Special Tax B at $11,307 per acre for fiscal year 2023-24 with an annual escalator of the greater of the most recent annual percentage change in the Consumer Price Index or two percent (2%).

This annexation does not affect the special taxes (both for facilities and services) for Improvement Area No. 1 of CFD No. 2018-1 or of the bonds issued in 2020 by CFD No. 2018-1 for Improvement Area No.

1. Improvement Area No. 3 is proposed to only have a services special tax and no bonding capacity.

The Rate and Method of Apportionment for CFD No. 1 will not be modified due to Annexation No. 4.

The existing maximum special tax rates for CFD No. 1 Services will remain unchanged with its annual escalator, with Annexation No. 4 falling in Land Use Category 3 (Non-Residential Property) for Phase I at a fiscal year 2023-24 maximum special tax rate of $3,607.42 per acre and Land Use Category 1 (single-family) for Phase II at a fiscal year 2023-24 maximum tax rate of $721.47 per unit.

Within the two resolutions of intention, the City Council is being asked to accept the Petition, Consent and Waiver from the property owner, Calimesa 2 Holdings LLC (Attachment A). This document is the petition from the Owner of the Property for the Property to be annexed into the two CFDs and is also a consent and waiver to allow the public hearings and elections to be held at the same meeting.

Additionally, staff is recommending to designate the remaining developable parcels within the City as “Future Annexation Area” for CFD No. 1 (Attachment E). This will allow a streamlined annexation process (no public hearing is required and annexation may be accomplished with no more than one Council meeting). This streamlined annexation of parcels within the Future Annexation Area may occur only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed.

Staff is recommending the City Council (a) adopt the Resolution of Intention to Annex to CFD No. 2018- 1 (Attachment B), and (b) adopt the Resolution of Intention to Annex to CFD No. 1 and Designate Future Annexation Area (Attachment C). These resolution set a public hearing for each annexation for October 2, 2023.

Provided there is no majority protest at the public hearings on October 2, 2023, a special election shall be held for each annexation. Should the proposition pass with a two-thirds vote from the qualified voters, this property would be annexed into CFD No. 2018-1 and CFD No. 1 and the City may levy the special taxes pursuant to the rates and method of apportionment described above (Exhibit to B to the

Resolutions of Intention at Attachment B and Attachment C) upon the adoption of ordinances levying the special taxes.

FISCAL IMPACT: None. Funds to be used for this annexation process were provided by developer deposit.

ATTACHMENTS:

Attachment A: Petition, Consent and Waiver.

Attachment B: Resolution of Intention to Annex to CFD No. 2018-1 (including new RMA for Improvement Area No. 3 as Exhibit B).

Attachment C: Resolution of Intention to Annex to CFD No. 1 (including existing RMA as Exhibit (B).

Attachment D: Annexation Map No. 2 of CFD No. 2018-1 (Summerwind Trails) Improvement Area No. 3.

Attachment E: Annexation Map No. 4 of Public Services CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services), including Future Annexation Area

TO: CITY COUNCIL OF THE CITY OF CALIMESA
FROM: CALIMESA 2 HOLDINGS, LLC

PETITION, CONSENT TO ANNEX AND WAIVER OF CERTAIN ELECTION

REQUIREMENTS FOR ANNEXATION PROCEEDINGS

REGARDING
CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS)
ANNEXATION NO. 2
(ADDING IMPROVEMENT AREA NO. 3)
AND
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND

PARK MAINTENANCE SERVICES)
ANNEXATION NO. 4
The undersigned landowner does hereby certify under penalty of perjury that the following statements are all true and correct:

1. As of the date hereof, CALIMESA 2 Holdings, LLC, a Delaware limited liability company (the “Developer”), is the owner of certain property located in the City of Calimesa (the “City”) described on Exhibit “A” attached hereto (the “Property”).

2. The Developer hereby petitions and requests the City Council of the City of Calimesa (the “City Council”) to initiate proceedings to include the Property in (a) Annexation No. 2 of the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD No. 2018-1”) to be designated as Improvement Area No. 3 within the CFD No. 2018-1 (“Improvement Area No. 3”), and (b) Annexation No. 4 to the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD No. 1”), all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”) for the provision of services as set forth below to the development on the Property; and

3. The City requires that new development provide for the funding of certain public services and maintenance, including but not limited to, (a) financing a portion of the cost of providing lighting maintenance, including traffic signals, streets and sidewalk maintenance, street landscape maintenance, street maintenance, and storm drain and detention basin maintenance services (the “CFD No. 2018-1 Services”), and (b) law enforcement, fire, paramedic, and park maintenance services (the “CFD No. 1 Services,” and together with the CFD No. 2018-1 Services, the “Services”), through the formation of or annexation to one or more community facilities districts or otherwise provide alternate funding mechanism, sufficient to support the provision of the Services to the development on the Property.

Attachment 7A

2 4. The undersigned is authorized to represent the Developer and is its designated representative to petition and give the consent and waiver contained herein to the CFD No. 2018-1 and CFD No. 1, with respect to the inclusion of the Property within such CFDs, to be annexed under the provisions of Act.

5. The undersigned hereby certifies the Property consists of approximately 11.39 gross acres of annexable area for CFD No. 2018-1 and consists of approximately 36.07 gross acres of annexable area for CFD No. 1. To the undersigned’s best knowledge no registered voters reside within the Property, and there will be none during the 90-day period preceding the public hearings to be conducted by the City Council pursuant to Government Code Section 53339.3.

6. The Developer has had an opportunity to consult with legal counsel with respect to the matters contained herein and is fully and completely informed of and understands the matters contained herein.

7. The Developer and the appropriate officers thereof are aware of the tentative October 2, 2023 public hearings to be held regarding the proposed annexation of the Property to CFD No. 2018-1 and CFD No. 1, and the imposition of the special taxes. The Developer acknowledges that it has received adequate notice of the hearings to be scheduled by the City Council. The Developer and the appropriate officers thereof have received necessary and relevant information regarding CFD No. 2018-1 and CFD No. 1 and the imposition of the special taxes and the City has made available to the Developer sufficient opportunity to obtain such information.

8. The Developer understands that a special mailed-ballot, landowner election for each annexation to CFD No. 2018-1 and CFD No. 1 will be held to determine whether the Property will be annexed to such CFDs, and further understands that if the Property is annexed, authority will be conferred on (a) CFD No. 2018-1 to levy an annual special tax on the Property to finance the CFD 2018-1 Services and (b) CFD No. 1 to levy an annual special tax on the Property to finance the CFD No. 1 Services. The undersigned, on behalf of the Developer, requests that the elections be conducted at the earliest possible date. The undersigned is the person legally entitled and authorized to execute this Petition, Consent and Waiver with respect to the Property in connection with the landowner, mailed-ballot elections on the annexations.

9. In accordance with the provisions of the Act, and specifically Sections 53339.7, 53326(a) and 53327(b) thereof allowing certain time and conduct requirements relative to a special landowner election to be waived with the unanimous consent of all the landowners to be included within an annexation and concurrence of the election official conducting the election, the undersigned on behalf of the Developer with respect to Annexation No. 2 to CFD 2018-1 and with respect to Annexation No. 4 to CFD No. 1 (i) expressly consents to the conduct of the special elections at the earliest possible time following the adoption by the City Council of the resolutions calling such elections, and (ii) expressly waives any requirement to have the special elections conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code.

10. The undersigned waives any requirement for the mailing of the ballot for each special election and expressly agrees that said elections may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk of the City and the undersigned request that the results of said elections be canvassed and reported to the

3 City Clerk at the same meeting of the City as the public hearing on the annexation to each CFD or the next available meeting.

11. The undersigned expressly waives all applicable waiting periods for the elections and waives the requirement for analysis and arguments relating to the special elections, as set forth in Section 53327 of the Act, and consents to not having such materials provided to the landowner in the ballot packets, and expressly waives any requirements as to the form of the ballots.

12. The undersigned expressly waives all notice requirements relating to hearings and special elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

13. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to each CFD or the special elections therein shall be invalidated or affected by any such irregularity, error, mistake or departure.

14. The undersigned, on behalf of the Developer, hereby consents to the levy and collection of the special taxes on the Property and hereby waives any and all rights to challenge (a) the inclusion of the Property in CFD No. 2018-1 as Improvement Area No. 3 and (b) the inclusion of the Property in CFD No. 1, and (c) any and all other proceedings related thereto.

15. The undersigned hereby appoints __________________________, as its authorized representative to vote in the elections referred to herein and certifies that his or her true and exact signature is set forth below:
____________________________________________
[signature]

4 IN WITNESS WHEREOF, I hereunto set my hand this ___ day of ______________, 2023.

CALIMESA 2 HOLDINGS, LLC, a Delaware limited
liability company
By:_________________________________________
Name: Greg Walter
Title: Authorized Agent
ADDRESS: 55 Saugatuck Ave, 1st Floor
Westport, CT 06880
Attention: David A. DiRienzo
TELEPHONE: (949) 350-3074
EMAIL: [email protected]
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CALIMESA THIS ______ DAY OF __________________, 2023.
_________________________________
City Clerk

A-1

EXHIBIT A
All that certain real property in the City of Calimesa, County of Riverside, State of California, described below:

RESOLUTION NO. 2023-48

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS), DECLARING ITS INTENTION TO ANNEX
PROPERTY INTO SAID DISTRICT AS IMPROVEMENT AREA NO. 3

AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN
IMPROVEMENT AREA NO. 3
WHEREAS, on June 4, 2018, the City Council (the “Council”) of the City of Calimesa (the “City”) adopted Resolution No. 2018-20 stating its intention to form the City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”), to finance a portion of the cost of providing park landscape maintenance, lighting maintenance, streets and sidewalk maintenance, street landscape maintenance, storm drain and detention basin maintenance services (the “IA1 Services”) that are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the CFD, including but not limited to Yucaipa Valley Water District sewer and water facilities and facilities fees, City capital impact fees, and related costs including designs, inspections, professional fees, connection fees and acquisition costs (the “Facilities”), and designating portions of the CFD as Improvement Area No. 1 (“Improvement Area No. 1”) and a future annexation area with respect to the CFD; and WHEREAS, on June 4, 2018, the Council also adopted Resolution No. 2018-21 stating its intention and the necessity to incur bonded indebtedness in the aggregate amount not to exceed $24,000,000, for Improvement Area No. 1, to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the aggregate amount not to exceed $24,000,000, within the boundaries of Improvement Area No. 1; and WHEREAS, on July 16, 2018, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within Improvement Area No. 1 to pay for the IA1 Services and the rate and method of apportionment and manner of collection of the special tax to be levied within Improvement Area No. 1 to pay the principal and interest on the proposed bonded indebtedness of Improvement Area No. 1, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and
Attachment 7B

WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by Improvement Area No. 1 were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2018-34 determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2018-35 which called an election within the CFD for July 16, 2018 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on July 16, 2018, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; and WHEREAS, on September 20, 2020, the CFD issued its $14,325,000 Special Tax Bonds, 2020 Series (Improvement Area No. 1) secured by special taxes collected in Improvement Area No. 1; and
WHEREAS, on November 7, 2022, the Council, acting as the legislative body of the CFD, held a public hearing regarding annexation of certain property into the CFD (the “Annexation No. 1”) to be designated as Improvement Area No. 2 within the CFD (“Improvement Area No. 2”); and
WHEREAS, on November 7, 2022, the Council, acting as the legislative body of the CFD, subsequent to said hearing called an election within Improvement Area No. 2 of the CFD on Annexation No. 1 for November 7, 2022 on the proposition of levying a special tax within Improvement Area No. 2; and
WHEREAS, on November 7, 2022, an election was held within Improvement Area No. 2 of the CFD in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax within Improvement Area No. 2; and WHEREAS, the Council, acting as the legislative body of the CFD, has received one or more written petitions (the “Petition”) signed by the owner of certain property (the “Developer”) requesting that the CFD institute proceedings for the annexation of its property into the CFD (the “Annexation No. 2”) to be designated as Improvement Area No. 3 within the CFD (“Improvement Area No. 3”) within the CFD; and
WHEREAS, the Council has considered the advisability and necessity of instituting proceedings to annex the proposed Annexation No. 2 to the CFD under and pursuant to the terms and provisions of the Act, for the purpose of financing a portion of the cost of providing lighting maintenance, including traffic signals, streets and sidewalk maintenance, street landscape maintenance, street maintenance, and storm drain and detention basin maintenance services (the “IA3 Services”); and
WHEREAS, the Council intends to finance the IA3 Services that are in addition to those provided within the proposed Annexation No. 2 prior to its annexation to the CFD and do not

supplant services already available within such property, subject to the levy of a special tax to pay for the IA3 Services, being approved at an election to be held within the boundaries of said annexation, which are necessary to meet increased demands placed on the City as a result of the development of the property within the proposed Annexation No. 2; and WHEREAS, pursuant to Section 53339 of the Act, having received such petition, it is appropriate for the Council to institute proceedings for the annexation of the proposed Annexation No. 2 to the CFD by adoption of a resolution of intention pursuant to Section 53339.3 and of the Act;
WHEREAS, the Council has determined pursuant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD upon its annexation;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF

CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS), AS FOLLOWS:

Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation No. 2” or “Improvement Area No. 3”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 2 - City of Calimesa Community Facilities District No. 2018-1 (Summerwind Trails) Improvement Area No. 3” which map indicates by a boundary line the extent of the territory included in Annexation No. 2 and shall govern for all details as to the extent of Annexation No. 2.

On the original and one copy of the map of such Annexation No. 2 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.

Section 2. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax B”) sufficient to finance the IA3 Services that are in addition to those provided in the territory of the CFD prior to the annexation of Annexation No. 2 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax B and all other costs of the levy of the Special Tax B, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax B will be secured by recordation of a continuing lien against all real property in the proposed Annexation No. 2 and Improvement Area No. 3. The schedule of the rate and method of apportionment (the “IA3 RMA”) and manner of collection of the Special Tax B is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation No. 2 (being the addition of Improvement Area No. 3) will not result in any change to the special tax rates levied in the CFD for Improvement Area Nos. 1 or 2 which have their own rates and methods of apportionment.

The Special Tax B is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and as described in the IA3 RMA and such Special Tax B is not levied on or based upon the value or ownership of real property.

The maximum Special Tax B applicable to a parcel, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax due to the issuance of a building permit, and such amount shall be increased over time by the greater of means, for each Fiscal Year, the consumer price index or two percent (2%) annually, as provided in the IA3 RMA.

Under no circumstances will the Special Tax B to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation No. 2 by more than 10 percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Upon recordation of a notice of special tax lien pursuant to Sections 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special taxes shall attach to all nonexempt real property in the proposed Annexation No. 2, and that lien shall continue in force and effect until collection of the special taxes ceases.

Section 3. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments within Annexation No. 2 shall be exempt from the levy of the Special Tax B.

Section 4. A public hearing (the “Hearing”) on the annexation of Annexation No. 2 and the proposed rate and method of apportionment of the Special Tax B shall be held on October 2, 2023, at 6:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Calimesa, 908 Park Avenue, Calimesa, California 92320.

Section 5. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation No. 2 to the CFD or the levying of special taxes within the proposed Annexation No. 2 will be heard. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such Hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such Hearing.

If written protests against either Annexation No. 2 are filed by (a) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing with the existing CFD, or (b) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within Improvement Area No. 3 to be annexed to the CFD, or (c) the owners of one-half (½) or more of the area of land included within the existing CFD, or (d) the owners of one-half (½) or more of Improvement Area No. 3 to be annexed to the CFD, the proceedings shall be abandoned for the annexation. If said majority protest is limited to certain

types of services or certain provisions of the special tax, those services or those provisions of the tax must be eliminated by the Council.

Section 6. Each City officer who is or will be responsible for Annexation No. 2, if annexed, is hereby directed to study the proposed Annexation No. 2, and, at or before the time of the above-mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of Annexation No. 2. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation No. 2, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to Annexation No. 2.

Section 7. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation No. 2. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax B, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax B shall be approved by the qualified electors of Annexation No. 2.

Section 8. Pursuant to Section 53329.5 of the Act, the Council finds that the public interest will not be served by allowing the Developer to enter into a contract in accordance with subdivision (a) of that section, and that such Developer shall not be permitted to elect to perform the work and enter into a written contract with the City for the provision of the IA3 Services pursuant to said Section 53329.5.

Section 9. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation No. 2. Such Notice shall contain the text or summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation No. 2 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act.

Such publication shall be completed at least 7 days prior to the date of the Hearing.

Section 10. The voting procedures to be followed in conducting the special elections for each applicable annexation on the proposition with respect to the levy of special taxes on the land within such annexation to fund the IA3 Services (the “Election”), shall be as follows:
(a) If at least 12 persons have been registered to vote within the territory of the proposed Annexation No. 2 for each of the ninety (90) days preceding the close of the Hearing, the vote in the Election shall be by the registered voters within Annexation No. 2 with each voter having one vote. In that event, the Elections shall be conducted by the City Clerk (the “Election Official”) and shall be held on a date selected by the Council in conformance with the provisions of Sections 53339.7 and 53326 of the Act and pursuant to the provisions of the Elections Code of the State of California governing elections of cities, insofar as they may be applicable, and pursuant to said Sections 53339.7 and 53326 the ballots for the Election shall be distributed to the qualified

electors within Annexation No. 2 by mail with return postage prepaid, and the Election shall be conducted as a mail ballot election.
(b) If at the time of the close of the Hearing, and for at least the preceding ninety (90) days, less than 12 persons have been registered to vote within the territory of Annexation No. 2, and pursuant to Sections 53339.7 and 53326 of the Act, the vote is therefore to be by the landowners within Annexation No. 2 with each landowner of record at the close of the Hearing having one vote for each acre or portion of an acre of land that he or she owns within Annexation No. 2, each Election shall be conducted by the Election Official as follows:
(i) Each Election shall be held on the earliest date, following the Public Hearing and adoption of a resolution submitting the proposition of the levy of special taxes to fund the IA3 Services, upon which such Election can be held pursuant to said Section 53339.7 which may be selected by the Council, or such earlier date as the owners of land within Annexation No. 2, and the Election Official agree and concur is acceptable. (ii) Pursuant to said Sections 53339.7 and 53326, each Election may be held earlier than ninety (90) days following the close of the Hearing if the qualified electors of Annexation No. 2 waive the time limits for conducting the elections set forth in said Sections 53339.7 and 53326 by unanimous written consent and the Election Official concurs in such earlier election date as shall be consented to by the qualified electors. (iii) Pursuant to said Sections 53339.7 and 53326, ballots for each Election shall be distributed to the qualified electors by the Election Official by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the Elections Code of the State of California governing the conduct of mail ballot elections of cities, and the City, the Election Official shall, among other things, mail or deliver or cause to be mailed or delivered to each qualified elector an official ballot in a form specified by the Council in the resolutions calling each Election, and a return identification envelope with prepaid postage thereon addressed to the Election Official for returning voted official ballots. (v) The official ballot to be mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the name of the landownervoter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot. (vi) The return identification envelope mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears

on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Election Official.
(vii) The instruction to voter form to be mailed or delivered by the Election Official to the landowner-voters shall inform them that the official ballots shall be returned to the Election Official properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of each Election which is specified by the Election Official for the receipt of ballots; provided that if all qualified voters have voted, each Election may be closed by the Election Official. (viii) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of each Election, the Election Official shall canvass the votes cast in each Election, and shall file a statement with the Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

The procedures set forth in this section for conducting the Election, if held, may be modified as the Council may determine to be necessary or desirable.

Section 11. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED this _____ day of , 2023,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

William Davis, Mayor
ATTEST:

Darlene Gerdes, City Clerk
APPROVED AS TO FORM:

Quinn Barrow, City Attorney

STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE }SS

CITY OF CALIMESA )
I, DARLENE GERDES, City Clerk of the City of Calimesa, California, DO HEREBY CERTIFY, that the aforementioned Resolution No. 2023___ known as:

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS), DECLARING ITS INTENTION TO ANNEX
PROPERTY INTO SAID DISTRICT AS IMPROVEMENT AREA NO. 3

AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN
IMPROVEMENT AREA NO. 3
And which is on file in the Office of the City Clerk, City of Calimesa, California.

Said Resolution was adopted by the said City Council at a regular meeting thereof held on the _____ day of 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

DARLENE GERDES, CITY CLERK
Dated this ____ day of , 2022

135672772.3 A-1

EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS)
IMPROVEMENT AREA NO. 3

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

August 14, 2023 A-1 Community Facilities District No. 2018-1, IA 3 (Summerwind Trails)
City of Calimesa
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS)
IMPROVEMENT AREA NO. 3

OF THE CITY OF CALIMESA

RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property (as defined below) within the boundaries of Improvement Area No. 3 (“IA No. 3”) of Community Facilities District No. 2018-1 (Summerwind Trails), (“CFD No. 2018-1”) of the City of Calimesa (“City”) and collected each Fiscal Year commencing in Fiscal Year 2023/2024 in an amount determined by the City Council (as defined below), through the application of this Rate and Method of Apportionment of the Special Tax to the extent and in the manner herein provided.

1. DEFINITIONS
“Acreage” or “Acre” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the expenses incurred by the City on behalf of IA No. 3 related to the determination of the amount of the levy of Annual Special Taxes; the collection of Annual Special Taxes including the expenses of collecting delinquencies; the payment of salaries and benefits of any employee of the City whose employment duties are directly related to the administration of IA No. 3; and the costs otherwise incurred in order to carry out authorized purposes of IA No. 3. “Annual Special Tax” means any Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel.
“Assessor” means the Assessor of the County.
“Assessor’s Parcel” means a parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number.
“Assessor’s Parcel Map” means an official map of the County designating parcels by Assessor’s Parcel number.
“Building Permit” means a building permit for the construction within CFD No. 2018- 1, IA No. 3 issued by the City, or another public agency in the event the City no longer

August 14, 2023 A-2 Community Facilities District No. 2018-1, IA 3 (Summerwind Trails)
City of Calimesa
issues building permits.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement for Services, for preparing the Annual Special Tax roll.
“CFD No. 2018-1” means Community Facilities District No. 2018-1 (Summerwind Trails) of the City.
“City” means the City of Calimesa, California.
“City Council” means the City Council of the City of Calimesa, acting as the legislative body of CFD No. 2018-1, or its designee.
“Consumer Price Index” means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for “All Urban Consumers” in the Los Angeles-Long Beach-Anaheim Area, measured as of the month of April in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index that is reasonably comparable to the Consumer Price Index for the Los Angeles-Long Beach-Anaheim Area, as determined by the CFD Administrator. “County” means the County of Riverside, California.
“Developed Property” means for each Fiscal Year, all Assessor’s Parcels of Taxable Property, exclusive of Assessor’s Parcels of Provisional Undeveloped Property, for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. “Exempt Property” means Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 7.
“Fiscal Year” means the period starting on July 1 and ending the following June 30. “Improvement Area No. 3” or “IA No. 3” means Improvement Area No. 3 of CFD No. 2018-1, as identified on the boundary map for CFD No. 2018-1, IA No. 3, as in effect on the date of formation of IA No. 3, and as may thereafter be amended in accordance with the Act.
“Land Use Class” means any of the classes listed in Table 1 under Section 3 below. “Maximum Special Tax B” means the Maximum Special Tax B (Services), determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

August 14, 2023 A-3 Community Facilities District No. 2018-1, IA 3 (Summerwind Trails)
City of Calimesa
“Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax B, as applicable, per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term “Proportionately” may similarly be applied to other categories of Taxable Property as described in Section 3 below.
“Provisional Undeveloped Property” means all Assessor’s Parcels of property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 7, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 7.
“Services” means the services eligible to be funded by IA No. 3. This includes the repair, removal and replacement of all or part of an improvement. “Special Tax” means any special tax authorized to be levied within CFD No. 2018-1 pursuant to the Act and this Rate and Method of Apportionment. “Special Tax B” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within IA No. 3 to fund the Special Tax Requirement for Services.
“Special Tax Requirement for Services” means that amount required in any Fiscal Year to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the CFD Administrator; (iii) pay Administrative Expenses; (iv) less a credit for funds available to reduce the annual Special Tax B levy as determined by the CFD Administrator.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 2018-1, IA No. 3, which are not exempt from the levy of the Special Tax pursuant to law or Section 7 below.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property within the boundaries of IA No. 3 not classified as Developed Property or Provisional Undeveloped Property.

August 14, 2023 A-4 Community Facilities District No. 2018-1, IA 3 (Summerwind Trails)
City of Calimesa

2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2023/2024, each Assessor’s Parcel within the boundaries of IA No. 3 shall be classified as Taxable Property or Exempt Property.

In addition, all Taxable Property within IA No. 3 shall be classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections 3 and 4 below.

3. MAXIMUM SPECIAL TAX RATES
A. Special Tax B (Services)
i. Developed Property
The Maximum Special Tax B applicable to an Assessor’s Parcel of Developed Property for Fiscal Year 2023/2024 shall be $11,307 per Acre.

Each July 1 commencing July 1, 2024, the Maximum Special Tax B for Developed Property or Approved Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year.
ii. Undeveloped Property Maximum Special Tax B
The Maximum Special Tax B applicable to an Assessor’s Parcel of Undeveloped Property for Fiscal Year 2023/2024 shall be $11,307 per Acre.

Each July 1, commencing July 1, 2024, the Backup Special Tax B for Undeveloped Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year. iii. Provisional Undeveloped Property
The Maximum Special Tax B for Provisional Undeveloped Property for Fiscal Year 2023/2024 shall be $11,307 per Acre.

Each July 1, commencing July 1, 2024, the Maximum Special Tax B for Provisional Undeveloped Property shall be increased by the greater of (i) the most recent annual percentage change in the Consumer Price Index or (ii) two-percent (2%) of the amount in effect in the prior Fiscal Year.

August 14, 2023 A-5 Community Facilities District No. 2018-1, IA 3 (Summerwind Trails)
City of Calimesa

4. METHOD OF APPORTIONMENT
A. Special Tax B (Services)
For each Fiscal Year, commencing Fiscal Year 2023/2024, the CFD Administrator shall calculate the Special Tax Requirement for Services and levy Special Tax B on all Taxable Property in accordance with the following steps:

Step 1: The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax B for Developed Property as necessary to satisfy the Special Tax Requirement for Services;
Step 2: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax B; Step 3: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first two steps have been completed, then the Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property at up to 100% of the Maximum Special Tax B for Provisional Undeveloped Property.

Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within IA No. 3, except for those Assessor’s Parcels of Developed Property whose owners are also delinquent or in default on their Special Tax payments for one or more other properties within IA No. 3.

5. COLLECTON OF ANNUAL SPECIAL TAXES
Collection of the Annual Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Annual Special Tax, including direct billings thereof to the property owners.

August 14, 2023 A-6 Community Facilities District No. 2018-1, IA 3 (Summerwind Trails)
City of Calimesa

6. TERM OF SPECIAL TAX
Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services.

7. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels owned by the State of California, Federal or other local governments, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization (iii) Assessor’s Parcels with public utility easement by the restriction, as determined reasonably by the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property in IA No. 3 to less than 11.32 Acres. Assessor’s Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in IA No. 3 to less than 11.32 Acres shall be classified as Provisional Undeveloped Property and will continue to be subject to the Special Tax B accordingly.

Tax exempt status for this purpose of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes eligible for classification as Exempt Property.

If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of this Section 7 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.

8. APPEALS
Any landowner who pays the Annual Special Tax and claims the amount of the Annual Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Annual Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Annual Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager, or designee of the City, appealing the amount of the Annual Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Annual Special Tax and any landowner appeals.

The decision of the City Manager or designee shall be final and binding as to all persons.

135672791.4
RESOLUTION NO. 2023-49

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY

OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND

PARK MAINTENANCE SERVICES), DECLARING ITS INTENTION TO

ANNEX PROPERTY INTO SAID DISTRICT, AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 4, AND

DESIGNATE CERTAIN PROPERTY FOR FUTURE ANNEXATION TO

SAID DISTRICT
WHEREAS, the City Council (the “Council”) of the City of Calimesa (the “City”) has established the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”) pursuant to the MelloRoos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the “Act”); and WHEREAS, the Council, acting as the legislative body of the CFD, has received one or more written petitions (the “Petition”) signed by the owner of certain property (the “Developer”) requesting that the CFD institute proceedings for the annexation of its property into the CFD (the “Property”); and
WHEREAS, the Council, acting as the legislative body of the CFD, desires to institute proceedings to designate certain property within the City as future annexation to the CFD (the “Future Annexation Area”) under and pursuant to the terms of the Act for the purpose of financing the Services; and
WHEREAS, the Council has considered the advisability and necessity of instituting proceedings to annex the Property to the CFD and to designate the Future Annexation Area for future annexation to the CFD under and pursuant to the terms and provisions of the Act, for the purpose of financing certain public services and maintenance authorized pursuant to the Act, including but not limited to law enforcement, fire, paramedic, and park maintenance services (the “Services”); and
WHEREAS, the Council intends to finance the Services that are in addition to those provided within the Property prior to its annexation to the CFD and do not supplant services already available within such property, subject to the levy of a special tax to pay for the Services, being approved at an election to be held within the boundaries of said annexation, which are necessary to meet increased demands placed on the City as a result of the development of the Property; and
WHEREAS, pursuant to Section 53339 of the Act, having received such petition, it is appropriate for the Council to institute proceedings for the annexation of the Property to the CFD by adoption of a resolution of intention pursuant to Section 53339.3 and of the Act; Attachment 7C

135672791.4 2
WHEREAS, the Council has determined that public convenience and necessity require that pursuant to Section 53339.2 of the Act the Property be added to the CFD upon its annexation, and that pursuant to Sections 53328.1 and/or 53339.3 of the Act, the Future Annexation Area be designated for annexation to the CFD with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF

CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), AS FOLLOWS:

Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the CFD and to institute proceedings for the designation of certain territory as future annexation area for the CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“Annexation Area No. 4”) and the exterior boundaries of the area to be designated as future annexation area(“Future Annexation Area”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 4 – City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services), including Future Annexation Area” which map indicates by a boundary line the extent of the territory included in Annexation Area No. 4 and shall govern for all details as to the extent of Annexation Area No. 4, and indicates by a boundary line the extent of the territory included in the Future Annexation Area and shall govern for all details as to the extent of the Future Annexation Area. On the original and one copy of the map of such Annexation Area No. 4 and such Future Annexation Area on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.

Section 2. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance the Services that are in addition to those provided in the territory of the CFD prior to the annexation of Annexation Area No. 4 into the CFD, and in the future when annexed, the Future Annexation Area prior to the annexation into the CFD, and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed Annexation Area No. 4, and when annexed, the Future Annexation Area. The schedule of the rate and method of apportionment for Annexation Area No. 4 (the “RMA”) and manner of collection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein.

The annexation of Annexation Area No. 4 will not result in any change to the maximum special tax rates levied in the CFD prior to such annexation.

135672791.4 3
The Special Tax is apportioned to each parcel for Annexation Area No. 4 on the foregoing basis pursuant to Section 53325.3 of the Act and as described in the RMA and such Special Tax is not levied on or based upon the value or ownership of real property.

The maximum Special Tax applicable to a parcel for Annexation Area No. 4, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because a building permit was issued, and such amount shall be increased over time by the greater of the consumer price index or two percent (2%) annually as provided in the RMA.

Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 4, and when annexed, the Future Annexation Area, by more than 10 percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Upon recordation of a notice of special tax lien pursuant to Sections 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special taxes shall attach to all nonexempt real property in the proposed Annexation Area No. 4, and when annexed, the Future Annexation Area, and that lien shall continue in force and effect until collection of the special taxes ceases.

Section 3. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments within Annexation Area No. 4 and the Future Annexation Area shall be exempt from the levy of the Special Tax.

Section 4. A public hearing (the “Hearing”) on the annexation of Annexation Area No. 4, the proposed rate and method of apportionment of the Special Tax and the designation of the Future Annexation Area shall be held on October 2, 2023, at 6:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Calimesa, 908 Park Avenue, Calimesa, California 92320.

Section 5. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation Area No. 4 to the CFD or the levying of special taxes within the proposed Annexation Area No. 4 or the designation of the Future Annexation Area be heard. Any protests may be made orally or in writing, except that any protests pertaining to the regularity or sufficiency of such proceedings shall be in writing and shall clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for such Hearing, and any written protest may be withdrawn in writing at any time before the conclusion of such Hearing. If written protests against either Annexation Area No. 4 or designation of the Future Annexation Area are filed by (a) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing with the existing CFD, or (b) fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater, residing within Property to be annexed to the CFD, or

135672791.4 4
(c) the owners of one-half (½) or more of the area of land included within the existing CFD, or (d) the owners of one-half (½) or more of Property to be annexed to the CFD, the proceedings shall be abandoned for the annexation. If said majority protest is limited to certain types of services or certain provisions of the special tax, those services or those provisions of the tax must be eliminated by the Council.

Section 6. Each City officer who is or will be responsible for Annexation Area No. 4, if annexed, is hereby directed to study the proposed Annexation Area No. 4 and Future Annexation Area, and, at or before the time of the above-mentioned Hearing, file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of Annexation Area No. 4 and Future Annexation Area. The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 4, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to Annexation Area No. 4.

Section 7. The Council finds that the Services are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed Annexation Area No. 4 and, when annexed, the Future Annexation Area.

Section 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No. 4, and when annexed, the Future Annexation Area. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No. 4, or when annexed, the owners of any parcel within the Future Annexation Area consenting to annexation to the CFD.

Section 9. Pursuant to Section 53329.5 of the Act, the Council finds that the public interest will not be served by allowing the Developer of Annexation Area No. 4 or the owner of a parcel within the Future Annexation Area to enter into a contract in accordance with subdivision (a) of that section, and that such Developer or owner shall not be permitted to elect to perform the work and enter into a written contract with the City for the provision of the Services pursuant to said Section 53329.5.

Section 10. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 4 and the Future Annexation Area.

Such Notice shall contain the text or summary of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 4 as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing.

135672791.4 5
Section 11. The voting procedures to be followed in conducting the special elections for each applicable annexation on the proposition with respect to the levy of special taxes on the land within such annexation to fund the Services (the “Election”), shall be as follows:
(a) If at least 12 persons have been registered to vote within the territory of the proposed Annexation Area No. 4 for each of the ninety (90) days preceding the close of the Hearing, the vote in the Election shall be by the registered voters within Annexation Area No. 4 with each voter having one vote. In that event, the Elections shall be conducted by the City Clerk (the “Election Official”) and shall be held on a date selected by the Council in conformance with the provisions of Sections 53339.7 and 53326 of the Act and pursuant to the provisions of the Elections Code of the State of California governing elections of cities, insofar as they may be applicable, and pursuant to said Sections 53339.7 and 53326 the ballots for the Election shall be distributed to the qualified electors within Annexation Area No. 4 by mail with return postage prepaid, and the Election shall be conducted as a mail ballot election. (b) If at the time of the close of the Hearing, and for at least the preceding ninety (90) days, less than 12 persons have been registered to vote within the territory of Annexation Area No. 4, and pursuant to Sections 53339.7 and 53326 of the Act, the vote is therefore to be by the landowners within Annexation Area No. 4 with each landowner of record at the close of the Hearing having one vote for each acre or portion of an acre of land that he or she owns within Annexation Area No. 4, each Election shall be conducted by the Election Official as follows:
(i) Each Election shall be held on the earliest date, following the Public Hearing and adoption of a resolution submitting the proposition of the levy of special taxes to fund the Services, upon which such Election can be held pursuant to said Section 53339.7 which may be selected by the Council, or such earlier date as the owners of land within Annexation Area No. 4, and the Election Official agree and concur is acceptable. (ii) Pursuant to said Sections 53339.7 and 53326, each Election may be held earlier than ninety (90) days following the close of the Hearing if the qualified electors of Annexation Area No. 4 waive the time limits for conducting the elections set forth in said Sections 53339.7 and 53326 by unanimous written consent and the Election Official concurs in such earlier election date as shall be consented to by the qualified electors. (iii) Pursuant to said Sections 53339.7 and 53326, ballots for each Election shall be distributed to the qualified electors by the Election Official by mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the Elections Code of the State of California governing the conduct of mail ballot elections of cities, and the City, the Election Official shall, among other things, mail or deliver or cause to be mailed or delivered to each qualified elector an official ballot in a form specified by the Council in the resolutions calling each Election, and a return identification envelope with prepaid postage thereon addressed to the Election Official for returning voted official ballots. (v) The official ballot to be mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the name of the landownerPage 70 of 108 135672791.4 6
voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot. (vi) The return identification envelope mailed or delivered by the Election Official to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Election Official.
(vii) The instruction to voter form to be mailed or delivered by the Election Official to the landowner-voters shall inform them that the official ballots shall be returned to the Election Official properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by the hour on the date of each Election which is specified by the Election Official for the receipt of ballots; provided that if all qualified voters have voted, each Election may be closed by the Election Official. (viii) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of each Election, the Election Official shall canvass the votes cast in each Election, and shall file a statement with the Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

The procedures set forth in this section for conducting the Election, if held, may be modified as the Council may determine to be necessary or desirable.

Section 12. The Future Annexation Area will be annexed into the CFD only at such time as the CFD receives unanimous written approval to be annexed from the owner or owners of each parcel or parcels of the portion of the Future Annexation Area proposed to be annexed at that time.

Section 13. This Resolution shall take effect from and after the date of its passage and adoption.

135672791.4 7
PASSED, APPROVED AND ADOPTED this _____ day of , 2023,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

William Davis, Mayor
ATTEST:

Darlene Gerdes, City Clerk
APPROVED AS TO FORM:

Quinn Barrow, City Attorney

135672791.4 8
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE }SS

CITY OF CALIMESA )
I, DARLENE GERDES, City Clerk of the City of Calimesa, California, DO HEREBY CERTIFY, that the aforementioned Resolution No. 2023___ known as:

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY

OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND

PARK MAINTENANCE SERVICES), DECLARING ITS INTENTION TO

ANNEX PROPERTY INTO SAID DISTRICT, AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 4 AND DESIGNATE

CERTAIN PROPERTY FOR FUTURE ANNEXATION TO SAID
DISTRICT.

And which is on file in the Office of the City Clerk, City of Calimesa, California.

Said Resolution was adopted by the said City Council at a regular meeting thereof held on the _____ day of 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

DARLENE GERDES, CITY CLERK
Dated this ____ day of , 2023

135672791.4 A-1

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

CITY OF CALIMESA

PUBLIC SERVICES COMMUNITY FACILITIES
DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND

PARK MAINTENANCE SERVICES)

RATE AND METHOD OF APPORTIONMENT
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (“CFD No. 1”) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 according to the tax liability determined by the City Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All Taxable Property shall be taxed to the extent and in the manner herein provided.

1. Definitions
“Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County parcel map. An Acre means 43,560 square feet of land. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer CFD No. 1 as determined by the City.
“Annual Cost(s)” means for each Fiscal Year, the total of 1) the estimated cost of Services as determined by the City; 2) Administrative Expenses, and 3) any amounts needed to cure actual or projected delinquencies in Special Taxes for the current or previous Fiscal Year.
“Annual Tax Escalation Factor” means an increase in the Maximum Special Tax each year following the Base Year in an amount not to exceed the greater of Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year or two percent (2%) annually. “Assessor” means the Assessor of the County of Riverside.

City of Calimesa 1 Public Services
Community Facilities District No. 1

“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcel(s) by Assessor’s Parcel Number(s).
“Assessor's Parcel Number” means the number assigned to an Assessor’s Parcel by the County for purposes of identification.
“Base Year” means Fiscal Year ending June 30, 2007.
“CFD No. 1” means the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance). “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Costs and preparing the annual Special Tax roll. “City” means the City of Calimesa, California.
“City Council” means the City Council of the City of Calimesa which acts for CFD No. 1 under the Act.
“County” means the County of Riverside, California.
“Developed Property” means for each Fiscal Year, commencing with Fiscal Year 2006- 2007, each Assessor’s Parcel, for which a building permit for new construction was issued, prior to May 1 of the previous Fiscal Year.
“Exempt Property” means an Assessor’s Parcel that is not classified as Taxable Property. Exempt Property is not subject to the Special Tax. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Land Use Class” means any of the classes listed in Table 1 under Section 3 below. “Maximum Special Tax” means the greatest amount of Special Tax, determined in accordance with Section 3 below, which may be levied in any Fiscal Year on any Assessor’s Parcel.
“Multi-Family” means all Residential Property for which a building permit has been issued for attached residential units or manufactured home for which an Assessor’s Parcel Number is not assigned.
“Non-Residential Property” means all Developed Property for which a building permit(s) was issued for a non-residential use.
“Public Property” means any property within the boundaries of CFD No. 1, the ownership of which is transferred to a public agency of CFD No. 1, and is used for rightsof-way or any other purpose and is owned by, or irrevocably offered for dedication to the City of Calimesa 2 Public Services
Community Facilities District No. 1

federal government, the State of California, the County, the City or any other public agency where the public agency has officially agreed to accept the offer of dedication; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
“Services” means services, including 1) police protection services, 2) fire protection/paramedic services, and 3) park maintenance services that are in addition to those services that were provided within the boundaries of CFD 1 at the time of formation of CFD 1.
“Single-Family” means all Residential Property for which a building permit has been issued for single family detached residential development or manufactured home for which an Assessor’s Parcel Number is assigned.
“Special Tax” means any special tax authorized to be levied within CFD No. 1 pursuant to the Act and this Rate and Method of Apportionment.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD 1 that are classified as Residential Property or Non-Residential Property.

2. Land Use Classification
Each Fiscal Year, each Assessor’s Parcel within the boundaries of CFD No. 1 shall be classified as Taxable Property, Public Property or Exempt Property. Each Assessor’s Parcel of Taxable Property shall be classified as Residential Property or NonResidential Property. Each Assessor’s Parcel of Residential Property shall be further classified as either a Single-Family or a Multi-Family .

City of Calimesa 3 Public Services
Community Facilities District No. 1

3. Maximum Special Tax Rates
Table 1
Fiscal Year 2006/2007
Maximum Special Tax Rates
Land Use
Class Description
Maximum
Special Tax
1 Residential Property
Single-Family $429.65 per Unit
2 Residential Property
Multi-Family $322.24 per Unit
3 Non-Residential Property $2,148.27 per Acre
Escalation of Maximum Special Tax
Each Fiscal Year following the Base Year, the Maximum Special Tax shall be increased in accordance with the Annual Tax Escalation Factor and otherwise adjusted as provided in this rate and method of apportionment.

Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel. For an Assessor’s Parcel that contains both Residential Property and Non-Residential Property, the Acreage of such Assessor’s Parcel shall be allocated to each type of property based on the amount of Acreage designated for each Land Use Class as determined by reference to the site plan approved for such Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

4. Method of Apportionment
For each Fiscal Year, commencing Fiscal Year 2006/2007, the CFD Administrator shall determine the Annual Costs and calculate the Special Tax so that the amount of Special Taxes equals the Annual Costs. The Special Tax shall be levied on Taxable Property each Fiscal Year as follows:

First: Calculate the available Special Tax revenues by setting the Special Tax on each Assessor’s Parcel of Taxable Property at 100% of its Maximum Special Tax. If revenues are greater than the Annual Costs, then reduce the Special Tax City of Calimesa 4 Public Services
Community Facilities District No. 1

proportionately against all Assessor’s Parcels until the tax levy is set at an amount sufficient to cover the Annual Costs.

Second: Levy on each Assessor’s Parcel of Taxable Property the amount calculated above. No Special Tax shall be levied on Exempt Property.

The City shall make every effort to correctly assign the number of taxable units and calculate the Special Tax for each Assessor’s Parcel.

5. Collection of Special Taxes
Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for other means of collecting the Special Tax if necessary to meet its financial obligations, including direct billings to the property owners.

6. Administrative Changes and Appeals
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than twelve (12) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may recommend changing the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner believes such error still exists, such person may file a written notice with the City Manager or designee of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of such notice, the City Manager or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. The City Manager or designee thereof shall interpret this Rate and Method of Apportionment and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Manager or designee shall be final and binding as to all persons.

Interpretations may be made by Resolution of the City Council for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax, the Rate and Method of Apportionment, the classification of properties, or any definition applicable to CFD No. 1.

7. Term of Special Tax
The Special Tax shall be levied annually in perpetuity, unless terminated earlier by the City Council.

City of Calimesa 5 Public Services
Community Facilities District No. 1

FILED IN THE OFFICE OF THE CITY CLERK THIS __________ DAY OF ____________________ 2023.
_______________________________________ CITY CLERK

CITY OF CALIMESA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 2 OF THE CITY OF CALIMESA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) IMPROVEMENT AREA NO. 3, CITY OF CALIMESA, STATE OF CALIFORNIA, WAS APPROVED BY

THE CITY COUNCIL OF THE CITY OF CALIMESA A REGULAR MEETING THEREOF, HELD ON THE _________ DAY OF ___________, 2023, BY ITS RESOLUTION NO. _____________________
_______________________________________ CITY CLERK

CITY OF CALIMESA
FILED THIS __________ DAY OF _______________, 2023, AT THE HOUR OF _________ O'CLOCK ____M. IN THE BOOK _________________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE _____________ AND AS INSTRUMENT NO. _________________ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. __________________________ COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) OF THE CITY OF CALIMESA

DISTRICT FILED WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE ON JUNE 4, 2018, FILED IN BOOK 82 OF THE MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE(S) 57-58 AS INSTRUMENT NO. 2018-0240168

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS

DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL THE

DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OF PARCELS.

SHEET 1 of 1
DATE PREPARED : APRIL 2023
334 Via Vera Cruz
Suite 256
San Marcos, California 92078
Phone (760) 510-0290 Fax (760) 510-0288
N
N.T.S.

PROPOSED

BOUNDARY
10 V I C I N I T Y M A P

CITY OF CALIMESA
LEGEND
ASSESSOR'S PARCEL NO.
413-290-034
413-290-040
PORTION OF 413-290-044
PORTION OF 413-290-048
CHERRY
ANNEXATION MAP NO. 2
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(SUMMERWIND TRAILS) IMPROVEMENT AREA NO. 3

CITY OF CALIMESA

RIVERSIDE COUNTY

STATE OF CALIFORNIA
1 LOT LINES

LOT NUMBER

REFERENCE
60 COUNTY OF SAN BERNARDINO
VALLEY

CURRENT PARCEL

BOUNDARIES
BLVD
Attachment 7D

FILED IN THE OFFICE OF THE CITY CLERK THIS __________ DAY OF ____________________ 2023.
_______________________________________ CITY CLERK

CITY OF CALIMESA

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 4 OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT,

FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), CITY OF CALIMESA,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CALIMESA A REGULAR MEETING THEREOF, HELD ON THE _________ DAY OF ___________, 2023, BY ITS RESOLUTION NO. _____________________ _______________________________________ CITY CLERK

CITY OF CALIMESA
FILED THIS __________ DAY OF _______________, 2023, AT THE HOUR OF _________ O'CLOCK ____M. IN THE BOOK _________________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE _____________ AND AS INSTRUMENT NO. _________________ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. __________________________ COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

REFERENCE IS MADE TO THAT BOUNDARY MAP OF PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF CALIMESA

DISTRICT FILED WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE ON AUGUST 6, 2006, FILED IN BOOK 67 OF THE MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 48 AS INSTRUMENT NO. 2006-0571457.

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS

DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSORS MAPS SHALL GOVERN FOR ALL THE

DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OF PARCELS.

SHEET 1 of 2
DATE PREPARED: JULY 2023
334 Via Vera Cruz
Suite 256
San Marcos, California 92078
Phone (760) 510-0290 Fax (760) 510-0288
N
N.T.S.

ANNEXATION
NO. 4 BOUNDARY
10 V I C I N I T Y M A P

CITY OF LEGEND
MAP REF. NO. ASSESSOR'S PARCEL NO.
1 413-280-040
2 413-280-041
3 413-280-042
4 413-290-034
5 413-290-040
6 413-290-044
7 413-290-048
ANNEXATION MAP NO. 4

CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES)

RIVERSIDE COUNTY

STATE OF CALIFORNIA
1 MAP NUMBER

REFERENCE
60 COUNTY OF SAN BERNARDINO
10 CALIMESA

FUTURE ANNEXATION
AREA
Attachment 7E

SHEET 2 of 2
10 ANNEXATION MAP NO. 4

CITY OF CALIMESA
PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1
(LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES)

RIVERSIDE COUNTY

STATE OF CALIFORNIA
60 DATE PREPARED: JULY 2023
334 Via Vera Cruz
Suite 256
San Marcos, California 92078
Phone (760) 510-0290 Fax (760) 510-0288
LEGEND
10 FUTURE ANNEXATION

BOUNDARY

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: SELECTION OF A NEW NAME FOR THE 4

TH STREET PARK
MEETING DATE: August 21, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council review and consider the list of names as recommended by the Parks, Trails, and Community Services Commission, and voted on through a community survey completed through the City’s website, and then do one of the following:

1. Select a name based on the results of the Community Survey, or

2. Select a name of the City Council’s choosing, or

3. Make no selection and provide direction to staff.

BACKGROUND/DISCUSSION: On October 6, 2021, a workshop was held at the Parks, Trails, and Community Commission meeting to solicit feedback from the community for the expansion of the existing 4th Street Park. Neighboring residents were sent letters to attend, and the general public was noticed via public hearing, social media, and a News Mirror posting. An online survey was also provided to acquire feedback. A second community workshop was held on November 8, 2021 as a Special Joint Workshop of the Planning Commission and the Parks, Trails and Community Services Commission. After the two workshops, staff moved forward with a concept based on the feedback to include:
- 4 Pickleball courts
- Walking trails
- An adaptable open sports area
- Parking lot
- Maintenance shed
- Bathrooms
As the proposed expansion will front 5th Street, 4th Street Park is no longer a suitable name and the Parks, Trails and Community Services Commission recommended renaming it. On August 2, 2023, the Commission conducted a workshop to discuss possible names for the City Park. The Commission provided suggestions and reviewed suggestions from staff, the Park Ad Hoc Committee, and the community using the feedback from the prior Summerwind Park naming survey.

The Commission decided on 6 names to have the community vote on:
- Independence Park (as a tribute to veterans)
- Calimesa Veterans Park (as a tribute to veterans)
- Relish Community Park (word play on pickleball)
- Pepin Community Park (word play with the Spanish name for cucumber) - Bailey Community Park (Calimesa’s 1st postmaster)
- Mountainview Park (Calimesa’s view of the mountains)
On August 8, 2023, staff created a form and uploaded it to the city website for the community to vote from the above list. The link to the form was also provided on the City’s social media accounts.

Staff received input until August 15, 2023. Results from the online survey are provided in Attachment B.

Please note, the City Council may choose or modify any names from this list or propose a different name altogether.

FISCAL IMPACT: There is no fiscal impact associated with naming the park.

ATTACHMENTS:

Attachment A: Approved 4
th Street Park Expansion Concept
Attachment B: Results from Community Survey

Attachment 8A

4 th Street Park, Expansion Project Name Survey Results Name Suggestion Name Explanation Votes received
Independence Park Tribute to Veterans 38
Calimesa Veterans Park Tribute to Veterans 35
Relish Community Park Word Play on Pickleball 7
Pepin Park Word Play on the Spanish
word for cucumber
11 Bailey Community Park Calimesa’s First Postmaster 16 Mountainview Park Calimesa’s view of the
mountains
57 Total Votes 164
Final Survey Votes Tallied 8/15/23 at 9am
Attachment 8B

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: CALIMESA CREEK STAGE III – INITIAL STUDY (IS)/MITIGATED

NEGATIVE DECLARATION (MND) AND MITIGATION

MONITORING AND REPORTING PROGRAM (MMRP)
MEETING DATE: August 21, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: It is respectfully recommended that the City Council approve Resolution No. 2023-50, a Resolution of the City Council of the City of Calimesa, California approving the IS/MND and Mitigation Monitoring and Reporting Program (MMRP) for the Calimesa Creek Stage III Project.

BACKGROUND/DISCUSSION:

1. Project Description
The proposed Calimesa Creek Stage III project is a component of and the continuation of the Calimesa Channel “Stage I” and “Stage II” projects that were completed by the Riverside County Flood Control and Water Conservation District (RCFC&WCD) in 2002. The project consists of a 53-acre-foot detention basin and variable size storm drain system along County Line Road. Once completed the project would reduce peak 100-year flow rate to downstream facilities, eliminating flooding from the basin to the west side of I-10 including the Calimesa Fire Station, City Hall, and Downtown Business District
In order to commence construction, the City must complete California Environmental Quality Act (CEQA) compliance processing, acquire regulatory permits as appropriate, and complete property acquisition.

2. CEQA Compliance and Public Outreach:

Pursuant to Section 15063 of the State CEQA Guidelines, the City prepared an Initial Study (IS) supported by technical studies (Attachment 3) to determine if the Project would have significant effects on the environment. The IS 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 IS found that there is no substantial evidence that the Project would have a significant effect on the environment. Based on this finding, a Mitigated Negative Declaration (MND) is being recommended

for adoption by the City Council along with the establishment and approval of a Mitigation Monitoring Program (MMRP).

Regarding the work to be completed, Staff is continuing with design, permit application processing, and property acquisition efforts. Until the Calimesa City Council’s adoption of the IS/MND, Staff cannot pursue acquisition of property. All property acquisitions will be appraised by a certified 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 4) at the regularly scheduled meeting of August 14, 2023.

It is requested that Council adopt Resolution No. 2023-50, which sets forth findings to adopt an IS and MND along with the establishment and approval of an MMRP for the Project.

FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Resolution 2023-50
Attachment B: Project Exhibit
Attachment C: IS/MND with Technical Studies (By Reference) Attachment D: MMRP
Attachment E: Planning Commission Resolution 2023-07

1 RESOLUTION 2023-50

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 CREEK STAGE III PROJECT
WHEREAS, the City of Calimesa is planning to constructed a 53-acre-foot detention basin and variable size storm drain system along County Line Road and WHEREAS, the proposed Project would reduce the peak 100-year flow rate to downstream facilities and eliminate flooding from the basin to the west side of the I-10, including the Calimesa Fire Station, City Hall and Downtown Business District; 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 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 Initial Study (“IS”) and Mitigated Negative Declaration (“MND”). There was no substantial evidence that the proposed Project could have a significant effect on the environment; and
WHEREAS, on August 21st, a duly noticed public meeting was conducted by the Calimesa City Council to consider the IS/MND for the Project, together with the staff report, comments received during the 30-day public comment period, supporting documents, 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 Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigated Monitoring and Reporting Program (MMRP), dated August 14th, 2023, 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, Attachment 9A

2 and incorporated herein by this reference. Based on the whole record before it, the City Council finds that (i) the IS/MND and MMRP were prepared in accordance with CEQA; and (ii) based on the imposition of mitigation measures, 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 IS/MND reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the IS/MND for the proposed Project.

Section 3. The City Council has also independently reviewed and considered the MMRP 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 MMRP reflects the independent judgment and analysis of the City Council and that the MMRP is designed to ensure compliance with the mitigation measures during Project.

Based on these findings, the City Council hereby adopts the Mitigation Monitoring and Reporting Program for the proposed Project.

Section 4. The City Council designates the custodian of records for the IS/MND, MMRP, 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 Notice of Determination to be filed in accordance with CEQA.

PASSED, APPROVED, and ADOPTED by the City Council of the City of Calimesa this 21st day of August, 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

Phil Martin & Associates, Inc. VILLA SERENA | CITY OF FOUNTAIN VALLEY Source: Keystone Development, Construction Services Figure 10 Typical Building Elevations

CALIMESA CREEK STAGE III
EL MONTE MIXED USE | CITY OF EL MONTE Phil Martin & Associates, Inc.

Source: Phil Martin & Associates, Inc.

Figure 1
Regional Map
N
ProjectLocation
CALIMESA CREEK STAGE III Phil Martin & Associates, Inc.

Source: Phil Martin & Associates, Inc.

Figure 1
Regional Map
N
ProjectLocation
Source: TKE Engineering, Inc.

Lower
Curtis
Park
Source: TKE Engineering, Inc.

Figure 5
Site Plan
Source: Phil Martin & Associates, Inc.

Figure 1
Regional Map
N
Project
Location
Source: Phil Martin & Associates, Inc.

Figure 1
Regional Map
N
Project
Location
Source: TKE Engineering, Inc.

Lower
Curtis
Park
Source: TKE Engineering, Inc.

Attachment 9B

FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

CALIMESA CREEK STAGE III PROJECT
Lead Agency:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
(909) 795-9801
Project Proponent:

City of Calimesa
Public Works
908 Park Avenue
Calimesa, CA 92320
909-795-9801
Environmental Consultant:

Phil Martin & Associates
2987 NW Fairway Heights Drive
Bend, Oregon 97703
(949) 454-1800
August 14, 2023
ATTACHMENT 9C
This Attachment 9C is over 2,500 pages and is
therefore available as a separate electronic file
https://www.cityofcalimesa.net/AgendaCenter/
PreviewAgenda/_08212023-163

Mitigation Monitoring and Reporting
Program (MMRP)
for
Final
Initial Study Checklist/
Mitigated Negative Declaration
City of Calimesa
Calimesa Creek Stage III Flood Control Project
(SCH NO. 2023040377)
City of Calimesa 908 ParkAvenue
Calimesa, CA 92320
Contact: Michael Thornton, City Engineer (909) 795-9801 [email protected]
Applicant:

City of Calimesa
Public Works Department
August 14, 2023
Attachment 9D

MMRP - 1

1.0 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to State of California Public Resources Code Section 21081.6, which requires adoption of a MMRP for projects in which the Lead Agency has required changes or adopted mitigation to avoid significant environmental effects. The City of Calimesa is the lead agency for the proposed Calimesa Creek Stage III Project and, therefore, responsible for administering and implementing the MMRP. The decision-makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. The primary purpose of the MMRP is to ensure that the mitigation measures identified in the Calimesa Creek Stage III Project IS/MND are implemented to reduce or avoid identified environmental effects.

The purpose of discussing the MMRP in the Final IS/MND is to reiterate to the reader the mitigation responsibilities of the Lead Agencies in implementing the proposed project. The mitigation measures listed in the MMRP are required by law or regulation and will be adopted by the city.

Mitigation is defined by the California Environmental Quality Act(CEQA) as a measure which:
▪ Avoids the impact altogether by not taking a certain action or parts of an action ▪ Minimizes impacts by limiting the degree or magnitude of the action and its implementation ▪ Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment ▪ Reduces or eliminates the impact over time by preservation and maintenance activities during the life of the project
▪ Compensates for the impacts by replacing or providing substitute resources or environments
Mitigation measures provided in this MMRP were initially identified in Section “O” of the Draft IS/MND as feasible and effective in mitigating project-related environmental impacts. Several of the mitigation measures are modified as a result of the public review process and are shown in the Mitigation Monitoring and Reporting Program matrix below. As shown, changes to the text based on comments received include struck through for text that is deleted and bold for text that is added.

Basis for the Mitigation Monitoring and Reporting Program The legal basis for the development and implementation of the MMRP lies within CEQA (including the California Public Resources Code). Sections 21002 and 21002.1 of the California Public Resources Code state:
▪ Public agencies are not to approve projects as proposed if there are feasible alternatives or feasible mitigation measures available that would substantially lessen the significant environmental effects of such projects; and
▪ Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so.

Section 21081.6 of the California Public Resources Code further requires that: the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.

MMRP - 2
The monitoring program must be adopted when a public agency makes its findings under CEQA so that the program can be made a condition of project approval in order to mitigate significant effects on the environment. The program must be designed to ensure compliance with mitigation measures during project implementation to mitigate or avoid significant environmental effects.

Mitigation Monitoring Program Procedures
The MMRP for the proposed project will be in place through all phases of the project, including design, construction, and operation. The city of Calimesa shall have the responsibility for administering the MMRP activities to staff, consultants, or contractors. The City has the responsibility of ensuring that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The City’s designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. Specific responsibilities of the City include:
▪ Coordination of all mitigation monitoring activities
▪ Management of the preparation, approval, and filing of monitoring or permit compliance reports ▪ Maintenance of records concerning the status of all approved mitigation measures. ▪ Assure quality control of field monitoring personnel. ▪ Coordinate with other agencies regarding compliance with mitigation or permit requirements. ▪ Review and recommend acceptance and certification of implementation documentation. ▪ Act as a contact for interested parties and surrounding property owners who wish to register complaints and observations of unsafe conditions and environmental violations; verify any such actions; and develop any necessary corrective actions.

2.0 Resolution of Noncompliance Complaints
Any person or agency may file a complaint that states noncompliance with the mitigation measures that were adopted as part of the approval process for the Calimesa Creek Stage III project. The complaint shall be directed to the City of Calimesa in written form providing detailed information on the purported violation. The City shall conduct an investigation and determine the validity of the complaint. If noncompliance with a mitigation measure is verified, the City shall take the necessary action(s) to remedy the violation. The complaint shall receive written confirmation indicating the results of the investigation or the final corrective action that was implemented in response to the specific noncompliance issue.

3.0 Mitigation Monitoring and Reporting Plan Matrix
The MMRP is organized in a matrix format. The first column identifies the mitigation measure numbers. The second column identifies the mitigation measures. The third column, entitled “Time Frame for Implementation,” refers to when monitoring will occur. The fourth column, entitled “Responsible Monitoring Agency,” refers to the agency responsible for ensuring that the mitigation measure is implemented. The fifth column, entitled “Verification of Compliance,” has a sub-column for Initials, Date and Remarks. This last column will be used by the lead agency to document the person who verified the implementation of the mitigation measure, the date on which this verification occurred, and any other notable remarks.

MMRP - 3

MITIGATION MONITORING AND REPORTING PROGRAM MATRIX
Verification
Impact/Threshold Project Mitigation Measures
Monitoring/Timing
Frequency
Action Indicating
Compliance Monitoring Party Initials Date Remarks
Air Quality
Expose sensitive receptors to
substantial pollutant
concentrations?
MM No. 1 All engine powered construction equipment shall implement the following exhaust emission control measures throughout construction:
•Utilize well-tuned off-road construction equipment.
•Establish a preference for contractors using Tier 3 or better rated heavy equipment. •Enforce 5-minute idling limits for both on-road trucks and off-road equipment.

During construction
activities
Verification by City of
Calimesa that
incorporation of
requirement is in the
Contractor
Specifications and
Maintenance Records
City of Calimesa
Public Works
Potential construction dust
impacts. MM No. 2 Fugitive Dust Control:
• Apply soil stabilizers or moisten inactive areas.
• Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day).
• Cover all stock piles with tarps at the end of each day or as needed. • Provide water spray during loading and unloading of earthen materials. • Minimize in-out traffic from construction zone.
• Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard.
• Sweep streets daily if visible soil material is carried out from the construction site
During construction
activities
Verification by City of
Calimesa that
incorporation of
requirement is in the
Contractor
Specifications and
Maintenance Records
City of Calimesa
Public Works
Biological Resources
Potential impact on nesting
birds
MM No. 3 To maintain compliance with the Migratory Bird Treaty Act and California Fish and Game Code, if ground-disturbing and/or vegetation clearance activities are scheduled to occur during the avian nesting season (typically February 15 through August 31), the City of Calimesa shall require that a pre-construction nesting bird survey be conducted by a qualified biologist within the project impact footprint and a 500-foot buffer where legal access is granted around the disturbance footprint within 3 days prior to initiation of activity.

If an active nest is detected during the nesting bird survey, avoidance buffers shall be implemented as determined by a qualified biologist. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. All nests shall be monitored as determined by the qualified biologist until nestlings have fledged and dispersed or it is confirmed that the nest has been unsuccessful or abandoned. The qualified biologist shall halt all construction activities within proximity to an active nest if it is determined that the activities are harassing the nest and may result in nest abandonment or take. The qualified biologist shall also have the authority to require implementation of avoidance measures related to noise, vibration, or light pollution if indirect impacts are resulting in harassment of the nest.

To maintain compliance with the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503, 3503.5, and 3513, site preparation activities (such as ground disturbance, construction activities, and/or removal of trees and vegetation) for all implementing development and infrastructure projects shall be avoided, to the greatest extent possible, during the nesting season. If ground-disturbing and/or vegetation clearance activities are scheduled to occur during the avian nesting season, the City of Calimesa shall Prior to the start of
construction
Confirmation by City of
Calimesa based on
survey by a qualified
biologist
City of Calimesa
Public Works

MMRP - 4
require that a pre-construction nesting bird survey be conducted by a qualified biologist within the project impact footprint and a 500-foot buffer where legal access is granted around the disturbance footprint within 3 days prior to initiation of activity. The survey results shall be provided to the City. The Project Applicant shall adhere to the following:

1. Applicant shall designate a biologist (Designated Biologist) experienced in:
identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

2. Pre-activity field surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.

If no nesting birds are observed during the survey, site preparation and construction activities may begin. If an active nest or nesting birds (including nesting raptors) is are detected during the nesting bird survey, avoidance buffers shall be implemented as determined by a qualified biologist and approved by the City of Calimesa, based on their best professional judgement and experience. The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird by accounting for topography, ambient conditions, species, nest location, and activity type. All nests shall be monitored as determined by the qualified biologist until nestlings have fledged and dispersed or it is confirmed that the nest has been unsuccessful or abandoned. The Designated Biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in such project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. The qualified biologist shall halt all construction activities within proximity to an active nest if it is determined that the activities are harassing the nest and may result in nest abandonment or take. The qualified biologist shall also have the authority to require implementation of avoidance measures related to noise, vibration, or light pollution if indirect impacts are resulting in harassment of the nest. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping.

Potential impact on fairy
shrimp habitat
MM No. 4 If suitable potential fairy shrimp habitat exists and cannot be avoided, the City of Calimesa shall conduct protocol-level focused surveys (i.e., two seasons) pursuant U.S. Fish and Wildlife Service Survey Guidelines for the Listed Large Branchiopods (May 31, 2015) to determine presence/absence. If focused-protocol level surveys results are positive, and the project cannot permanently avoid fairy shrimp habitat, a Determination of Biologically Equivalent or Superior Preservation report shall be required to propose mitigation that demonstrates equivalent or superior function and value. In accordance with MSHCP Table 9-2, Objective 4 for vernal pool fairy shrimp and Objective 3 for Riverside fairy shrimp, if the survey results are positive, at least 90% of the area with long-term conservation value shall be conserved on-site.

Two years prior to the
start of construction
Confirmation by City of
Calimesa based on
survey by a qualified
biologist
City of Calimesa
Public Works
Potential impact on jurisdiction
waters
MM No. 5 If jurisdictional waters are impacted as a result of project implementation, the City of Calimesa shall obtain all appropriate permits pursuant to Section 404 of the Clean Water Act from the U.S. Army Corps of Engineers, a Water Quality Certification pursuant to Section 401 of the Clean Water Act from the Regional Water Quality Control Board, and a Streambed Alteration Agreement from CDFW pursuant to Sections 1600–1616 of the California Fish and Game Code.

Prior to the grading the Project site and prior to the start of Project activities, the Applicant shall notify the California Department of Fish and Wildlife (CDFW) for impacts to Fish and Game Code section 1602 resources. The applicant shall either receive a Streambed Alteration Prior to the start of
construction
Confirmation by City
of Calimesa that all
required permits
have been obtained
City of Calimesa
Public Works

MMRP - 5
Agreement (SAA) or written documentation from CDFW that a Streamed Alteration Agreement is not needed.

The notification to CDFW should provide the following information:

1. A stream delineation including the bed, bank and channel;

2. Linear feet and/or acreage of streams and associated natural communities that would be permanently and/or temporarily impacted by the Project. This includes impacts as a result of routine maintenance and fuel modification. Plant community names should be provided based on vegetation association and/or alliance per the Manual of California Vegetation (Sawyer et al 2009);

3. A discussion as to whether impacts on streams within the Project site would impact those streams immediately outside of the Project site where there is hydrologic connectivity.

Potential impacts such as changes to drainage pattern, runoff, and sedimentation should be discussed; and

4. A hydrological evaluation of the 100-year storm event to provide information on how water and sediment is conveyed through the Project site.

All mitigation measures and conditions contained within the above permits shall be implemented.

At a minimum, the following shall be completed for mitigation for impacts to waters of the state and jurisdictional streambed:

1. Compensation for Permanent Impacts: Permanent impacts to waters of the state and jurisdictional streambeds shall be offset by compensation at a minimum of a 1:1 ratio, or as otherwise required by the respective permits. . If an SAA is required, the Applicant shall provide compensatory mitigation at no less than 1:1 for impacts to streams and associated natural communities, or at a ratio acceptable to CDFW per a LSA Agreement. Mitigation should occur within the Western Riverside County. On-site mitigation measures may include the enhancement of existing streams. A conceptual Habitat Mitigation and Monitoring Plan shall be prepared, if necessary, for the enhancement activities to address impacts to Fish and Game Code section 1602 resources, which may include non-native species removal and revegetation followed by periodic monitoring. The plan shall specify the criteria and standards by which the enhancement actions will compensate for impacts of the project on streams.

2. Temporary Impacts: All areas temporarily impacted shall be restored to native grade and contour and revegetated with native species as determined by an adjacent reference site or through documentation of baseline conditions prior to impacts.

3. Best Management Practices. Avoided jurisdictional waters shall be fenced or flagged as environmentally sensitive areas. Best management practices shall be implemented to avoid indirect impacts to jurisdictional waters, including the following:
a. Vehicles and equipment shall not operate in ponded or flowing water except as described in the permits.
b. Water containing mud, silt, or other pollutants from grading or other activities shall not be allowed to enter jurisdictional waters or placed in locations that may be subjected to high storm flows.
c. Spoil sites shall not be located within 30 feet from the boundaries of jurisdictional waters or in locations that may be subject to high storm flows, where spoils might be washed back into drainages.
d. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances that could be hazardous to vegetation or wildlife resources resulting from project-related activities shall be prevented from contaminating the soil and/or entering avoided jurisdictional waters.

MMRP - 6
e. No equipment maintenance shall occur within 150 feet of jurisdictional waters and no petroleum products or other pollutants from the equipment shall be allowed to enter these areas or enter any off-site state-jurisdictional waters under any flow.

Potential impacts to riparian
and riverine resources
MM No. 6 If the project cannot demonstrate avoidance of MSHCP Section 6.1.2 riparian habitat or riverine resources in perpetuity, a Determination of Biologically Equivalent or Superior Preservation Report shall be required and propose mitigation that demonstrates equivalent or superior function and value. This document shall be reviewed, approved, and coordinated with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife prior to the start of construction.

Prior to the start of
construction
Confirmation by City
of Calimesa that the
required report and
mitigation measures
are approved by the
respective resource
agencies.

City of Calimesa
Public Works
Potential impacts to oak trees MM No. 7 An oak tree survey shall be conducted 30-days prior to the start of any construction to determine if any oak trees would be removed. If oak trees would be removed, their removal would have to be removed in compliance with Calimesa Municipal Code (CMC) Section 18.70.120. In addition, mitigation shall be required for each oak tree removed and shall demonstrate equivalent or superior function and value per a CDFW-approved DBESP.
30-days prior to the
start of construction
Confirmation by City
of Calimesa and a
biologist
City of Calimesa
Public Works
Potential impacts to MSHCP MM No. 8 As a signatory to the Western Riverside Multiple Species Habitat Conservation Plan, the City of Calimesa shall pay a local development mitigation fee prior to the issuance of a grading or construction permit, whichever is issued first, at the rates applicable at the time of payment of the fee as set forth in the most recent fee schedule.

Prior to the issuance
of a grading or
construction permit,
whichever is issued
first
Confirmation by City
of Calimesa
City of Calimesa
Public Works
Potential impacts to MSHCP MM No. 9 The project is not within any conserved areas; however, Calimesa Creek flows to San Timoteo Creek, which ultimately flows to the Santa Ana River. Due to the proposed project having connectivity to areas described for conservation, the Urban/Wildlife Interface Guidelines are applicable. Prior to the start of any construction, the City of Calimesa shall implement the following Urban Wildlands Interface Guidelines (MSHCP, Section 6.1.4) to minimize and avoid indirect effects from development adjacent to MSHCP Conservation Areas, where applicable:
• Drainage: The project shall incorporate measures, including measures required through the National Pollutant Discharge Elimination System (NPDES) requirements, to ensure that the quantity and quality of runoff discharged to the MSHCP Conservation Area is not altered in an adverse way when compared with existing conditions. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into the MSHCP Conservation Area. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials or other elements that might degrade or harm biological resources or ecosystem processes within the MSHCP Conservation Area. This can be accomplished using a variety of methods including natural detention basins, grass swales or mechanical trapping devices. Regular maintenance shall occur to ensure effective operations of runoff control systems.
• Toxics: Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure that are potentially toxic or may adversely affect wildlife species, Habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. Measures such as those employed to address drainage issues shall be implemented. • Lighting: Night lighting shall be directed away from the MSHCP Conservation Area to protect species within the MSHCP Conservation Area from direct night lighting. Shielding shall be incorporated in project designs to ensure ambient lighting in the MSHCP Conservation Area is not increased.
• Noise: Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines related to land use noise standards. For planning purposes, wildlife within the MSHCP Conservation Area should not be Prior to the start of
construction
Confirmation by City
of Calimesa
City of Calimesa
Public Works

MMRP - 7
subject to noise that would exceed residential noise standards. • Invasives: When approving a landscape plan for the detention basin the City of Calimesa shall consider the invasive, non-native plant species listed in [MSHCP] Table 6-2 and shall require revisions to landscape plans (subject to the limitations of their jurisdiction) to avoid the use of invasive species for the portions of the detention basin that are adjacent to the MSHCP Conservation Area. Considerations in reviewing the applicability of this list shall include proximity of planting areas to the MSHCP Conservation Areas, species considered in the planting plans, resources being protected within the MSHCP Conservation Area and their relative sensitivity to invasion, and barriers to plant and seed dispersal, such as walls, topography and other features.
• Barriers: For those land uses adjacent to the MSHCP Conservation Area the City of Calimesa shall incorporate barriers, where appropriate to minimize unauthorized public access, domestic animal predation, illegal trespass or dumping in the MSHCP Conservation Area. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage and/or other appropriate mechanisms.
• Grading/Land Development: Manufactured slopes shall not extend into the MSHCP Conservation Area.

Potential impacts to biological
resources
MM No. 10 The following best management practices, as applicable, shall be implemented for the duration of construction:
• A condition shall be placed on grading permits requiring a qualified biologist to conduct a training session for project personnel prior to grading. The training shall include a description of the species of concern and its habitats, the general provisions of the Endangered Species Act (Act) and the MSHCP, the need to adhere to the provisions of the Act and the MSHCP, the penalties associated with violating the provisions of the Act, the general measures that are being implemented to conserve the species of concern as they relate to the project, and the access routes to and project site boundaries within which the project activities must be accomplished. • Water pollution and erosion control plans shall be developed and implemented in accordance with RWQCB requirements.
• The footprint of disturbance shall be minimized to the maximum extent feasible. Access to sites shall be via pre-existing access routes to the greatest extent possible. • The upstream and downstream limits of a projects disturbance plus lateral limits of disturbance on either side of the stream shall be clearly defined and marked in the field and reviewed by the biologist prior to initiation of work.
• Projects shall be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern.
• Projects that cannot be conducted without placing equipment or personnel in sensitive habitats shall be timed to avoid the breeding season of riparian species identified in MSHCP Global Species Objective No. 7.
• When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing of other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. • Equipment storage, fueling, and staging areas shall be located on upland sites with minimal risks of direct drainage into riparian areas or other sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. Necessary Throughout project
construction
Confirmation by City
of Calimesa
City of Calimesa
Public Works

MMRP - 8
precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. Project related spills of hazardous materials shall be reported to appropriate entities including but not limited to applicable jurisdictional city, USFWS, CDFG, and RWQCB and shall be cleaned up immediately and contaminated soils removed to approved disposal areas. • Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks. • The qualified project biologist shall monitor construction activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint.
• The removal of native vegetation shall be avoided and minimized to the maximum extent practicable. Temporary impacts shall be returned to pre-existing contours and revegetated with appropriate native species.
• Exotic species that prey upon or displace target species of concern shall be permanently removed from the site to the extent feasible.
• To avoid attracting predators of the species of concern, the project site shall be kept as clean of debris as possible. All food related trash items shall be enclosed in sealed containers and regularly removed from the site(s).
• Construction employees shall strictly limit their activities, vehicles, equipment, and construction materials to the proposed project footprint and designated staging areas and routes of travel. The construction area(s) shall be the minimal area necessary to complete the project and shall be specified in the construction plans. Construction limits will be fenced with orange snow screen.

Exclusion fencing should be maintained until the completion of all construction activities.

Employees shall be instructed that their activities are restricted to the construction areas. • The City of Calimesa shall have the right to access and inspect the project site, including any restoration/enhancement area for compliance with project approval conditions, including these best management practices.

Potential impacts to Southern
California black walnut tree
MM No. 11 A survey for Southern California black walnut shall be conducted prior to Project activities to determine if any black walnut trees would be removed. If Southern California black walnut trees would be removed, mitigation shall be required and shall demonstrate equivalent or superior function and value, per a CDFW- approved DBESP.

Cultural Resources
Potential impact to cultural
resources
MM No. 12 An archaeological monitor with at least 3 years of regional experience in archaeology shall be present for all ground-disturbing activities that occur within the project site, which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work. A sufficient number of archaeological monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities are adequately monitored.

Prior to the start of any
ground disturbance
Confirmation by City of
Calimesa
City of Calimesa
Public Works
Potential impact to cultural
resources
MM No. 13 A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist and submitted to the City of Calimesa for dissemination to the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI). Once all parties (City of Calimesa, archaeological monitor, and SMBMI) review and approve the plan, it shall be adopted by the City of Calimesa prior to the issuance of any ground disturbance permits. Any and all findings shall be subject to the protocol detailed within the approved Monitoring and Treatment Plan.

Prior to the issuance of
any ground disturbance
permits
Confirmation by City of
Calimesa
City of Calimesa
Public Works
Hazards and Hazardous Materials

MMRP - 9
Create a significant hazard to
the public or the environment
through reasonably
foreseeable upset and accident
conditions involving the
potential release of herbicides
and/or pesticides into the
environment?
MM No. 14 Prior to the issuance of any construction or grading permits for the former agricultural grove on the central and southern portion of the site or hazardous materials within the one-third eastern portion of the site soil the City shall take samples to determine if hazardous materials are present. If hazardous materials are present, the City shall remove or remediate in place all identified hazardous materials in compliance with all applicable local, County, State and Federal laws and regulations.

Prior to the issuance of
any construction or grading
permits for the former
agricultural grove
Confirmation of soil
samples to determine
presence of hazardous
materials and if present,
remediation required.

City of Calimesa
Public Works
Project could impact safe
passage for emergency
vehicles on County Line Road
MM No. 15 Prior to the start of construction in County Line Road the project contractor shall submit an emergency response plan to the City of Calimesa Engineer and Fire Department and the City of Yucaipa that provides safe and unobstructed passage on County Line Road for emergency vehicles to pass safely along this section of roadway during under construction. Both the City of Calimesa and the City of Yucaipa shall approve the emergency response plan prior to the start of any construction in County Line Road.

Prior to the start of
construction
Confirmation of
submission of
emergency response
plan to the cities of
Calimesa and Yucaipa
City of Calimesa
Public Works
Hydrology and Water Quality
The project could have
stormwater impacts
MM No. 16 Prior to grading permit issuance, the Project proponent shall have a Storm Water Pollution Prevention Plan (SWPPP) prepared pursuant to the statewide Construction General Permit by a Qualified SWPPP Developer (QSD). Also, a receipt of fees paid with the SWPPP Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB) shall be provided to the City of Calimesa. The SWPPP shall be implemented onsite by a Qualified SWPPP Practitioner (QSP). Project contractors shall comply with the SWPPP and allow inspection of the construction site by staff from the Regional Water Quality Control Board and Cities of Calimesa and/or Yucaipa or their designee(s) to confirm compliance.

Prior to the issuance of a
grading permit
Confirmation of grading
permit
City of Calimesa
Public Works
Noise
The project could have
construction noise impacts
MM No. 17 The following construction noise level reduction measures shall be implemented prior to and throughout project construction:
• All construction equipment shall use properly operating mufflers; • Stockpiling and staging activities shall be located as far as practicable from dwellings; and • All mobile equipment shall have properly operating and maintained mufflers.

Prior to and throughout
project construction
Confirmation of
implementation of
construction equipment
noise reduction
measures
City of Calimesa
Public Works
Tribal Cultural Resources
Project could impact tribal cultural
resources, if present.

MM No. 18 If a cultural resource is discovered during project construction, ground disturbing activities shall be suspended 60 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. A research design shall be developed by the archaeologist that includes a plan to evaluate the resource for significance pursuant to CEQA section 15064.5.

Representatives from the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the archaeologist and the City of Calimesa shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the archaeological significance of the resource, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource.

During construction,
after discovery of
cultural resources.

Confirmation of
qualified archeologist
retention/on-going
monitoring/submittal of
Report of Findings and
curate discovered
resources, if applicable.

City of Calimesa
Public Works

MMRP - 10
Project could impact tribal
cultural resources, if present.

MM No. 19 Should any significant resource and/or TCR not be a candidate for avoidance or preservation in place, and the removal of the resource(s) is necessary to mitigate impacts, the research design shall include a comprehensive discussion of sampling strategies, resource processing, analysis, and reporting protocols/obligations. The removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by the San Manuel Band of Mission Indians. All plans for analysis shall be reviewed and approved by the City of Calimesa and San Manuel Band of Mission Indians prior to implementation, and all removed material shall be temporarily curated on-site. Removed cultural material shall be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project development not be feasible, a reburial location for future reburial shall be determined by the San Manuel Band of Mission Indians and the City of Calimesa and all finds shall be reburied within this location. Additionally, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to the City of Calimesa, California Historical Resources Information System (CHRIS), and the San Manuel Band of Mission Indians. All reburials are subject to a reburial agreement that shall be developed between the City of Calimesa and the San Manuel Band of Mission Indians that outlines the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, etc.).

Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the City of Calimesa shall relinquish all ownership and rights to this material and confer with the San Manuel Band of Mission Indians to identify an American Association of Museums (AAM)-accredited facility within Riverside County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the City of Calimesa and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the City of Calimesa to pay the fees.

All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the City of Calimesa and the San Manuel Band of Mission Indians for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the City of Calimesa and the San Manuel Band of Mission Indians.

During construction,
and after discovery
of cultural resources
Confirmation of
qualified archeologist
retention/on-going
contact with SMBMI/
Monitoring and
Treatment Plan, if
applicable
City of Calimesa
Public Works
Project could impact tribal
cultural resources, if present.

MM No. 20 Inadvertent Discoveries of Human Remains/Funerary Objects - In the event that human remains are discovered within the project site, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The on-site construction lead/foreman shall immediately notify the San Manuel Band of Mission Indians and the City of Calimesa. The City of Calimesa shall immediately contact the County Coroner regarding the discovery. If the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the Native American Heritage Commission (NAHC) within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 (c). The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD and City of Calimesa agree to discuss in good faith what constitutes "appropriate dignity" as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of the site visit, as required by California Public Resources Code § 5097.98.

During construction,
and after discovery
of cultural resources
Confirmation of
qualified archeologist
retention/on-going
contact with SMBMI/
Monitoring and
Treatment Plan, if
applicable
City of Calimesa
Public Works

MMRP - 11
Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code § 5097.98 (a) and (b). The MLD in consultation with the City of Calimesa shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The City of Calimesa shall accommodate on-site reburial in a location mutually agreed upon by the San Manuel Band of Mission Indians and the City of Calimesa.

It is understood by the San Manuel Band of Mission Indians and the City of Calimesa that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, San Manuel Band of Mission Indians parties and the City of Calimesa shall be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code § 6254 (r).

Attachment 9E