Calimesa City Council
December 18, 2023

-60-
Capital Projects
Lighting/ Road Total Nonmajor
Landscape Housing Rehab - Maintenance Planning General Capital Governmental District Recycling Federal and Rehab Grants Projects Fund Funds $ 20,435 85,634 $ 3,857 $ 455,945 $ - $ 58,392 $ 2,148,162 $ - 1,200 - 42,623 54,920 - 98,743
- - - - - - 113,280
- - 374,290 - - - 1,084,334
$ 20,435 86,834 $ 378,147 $ 498,568 $ 54,920 $ 58,392 $ 3,444,519 $ $ - 9,718 $ - $ - $ 13,823 $ - $ 51,323 $
- - - - - - 42,497
- - - - 41,097 - 41,097
- - - - - - 38,963
- 9,718 - - 54,920 - 173,880
20,435 77,116 378,147 498,568 - - 3,212,247
- - - - - 58,392 58,392
77,116 20,435 378,147 498,568 - 58,392 3,270,639
$ 86,834 $ 20,435 $ 378,147 $ 498,568 $ 54,920 $ 58,392 $ 3,444,519 Special Revenue Funds

City of Calimesa
Combining Statements of Revenues, Expenditures, and
Changes in Fund Balance
Nonmajor Governmental Funds
For the Year Ended June 30, 2023
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Supplemental
Law Transportation
Enforcement Housing Rehab - Air Quality
Grant State Library Improvements Gas Tax Measure A

REVENUES
Taxes - $ - $ - $ - $ - $ - $
Intergovernmental 165,271 - 37,937 14,387 283,358 323,492 Investment earnings 2,515 5,699 9,110 1,093 424 17,144
Total Revenues 167,786 5,699 47,047 15,480 283,782 340,636

EXPENDITURES
Current:

General government - - 2,120 - - -
Public safety 137,981 - - - - -
Public works, parks and senior center - 4,455 - - 259,234 334,593 Community services and development - - - 1,340 - -
Library - - 22,101 - - -
Total Expenditures 137,981 4,455 24,221 1,340 259,234 334,593 Excess of Revenues Over Expenditures 29,805 1,244 22,826 14,140 24,548 6,043

OTHER FINANCING SOURCES (USES)
Transfers in - - - - - -
Transfers out - - - - - -
Total Other Financing Sources (Uses) - - - - - -
Net Change in Fund Balance 29,805 1,244 22,826 14,140 24,548 6,043 Fund Balance, Beginning of year 77,010 965,691 305,459 43,564 32,613 715,038 Fund Balance, End of year $ 106,815 $ 966,935 $ 328,285 $ 57,704 $ 57,161 $ 721,081 Special Revenue Funds

-62-
Capital Projects
Lighting/ Road Total Nonmajor
Landscape Housing Rehab - Maintenance Planning General Capital Governmental District Recycling Federal and Rehab Grants Projects Fund Funds $ 106,710 $ - $ - $ - $ - $ - $ 106,710
- 5,000 - 243,239 20,495 46,068 1,139,247
696 378 278 11,168 - 1,034 49,539
107,406 5,378 278 254,407 20,495 47,102 1,295,496
- - 56,977 - - - 59,097
- - - - - - 137,981
160,928 - 1,090 - - 53,255 813,555
- - - - 44,200 - 45,540
- - - - - - 22,101
160,928 - 58,067 - 44,200 53,255 1,078,274
(53,522) 5,378 (57,789) 254,407 (23,705) (6,153) 217,222 85,000 - - - 23,705 5,000 113,705
- - - (325,000) - - (325,000)
85,000 - - (325,000) 23,705 5,000 (211,295)
31,478 5,378 (57,789) (70,593) - (1,153) 5,927
45,638 15,057 435,936 569,161 - 59,545 3,264,712
$ 77,116 $ 20,435 $ 378,147 $ 498,568 $ - $ 58,392 $ 3,270,639 Special Revenue Funds

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Supplemental Law Enforcement Grant Special Revenue Fund For the Year Ended June 30, 2023
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Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 162,000 $ 162,000 $ 165,271 $ 3,271 $ Investment earnings 185 1,650 2,515 865
Total revenues 162,185 163,650 167,786 4,136

EXPENDITURES
Current:

Public safety 157,523 157,023 137,981 19,042
Total expenditures 157,523 157,023 137,981 19,042
Net change in fund balance 4,662 $ 6,627 $ 29,805 23,178 $

FUND BALANCE
Beginning of year 77,010
End of year $ 106,815
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Housing Rehab – State Special Revenue Fund
For the Year Ended June 30, 2023
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Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 3,500 $ 3,500 $ - $ (3,500) $
Investment earnings - 4,200 5,699 1,499
Total revenues 3,500 7,700 5,699 (2,001)

EXPENDITURES
Current:

Public works, parks and senior center 3,500 3,615 4,455 (840) Total expenditures 3,500 3,615 4,455 (840)
REVENUES OVER EXPENDITURES 4,085 - 1,244 (2,841)
Net change in fund balance - $ 4,085 $ 1,244 (2,841) $

FUND BALANCE
Beginning of year 965,691
End of year $ 966,935
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Library Special Revenue Fund
For the Year Ended June 30, 2023
-65-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 36,000 $ 37,937 $ 37,937 $ - $
Investment earnings 860 6,600 9,110 2,510
Other 2,000 79,861 - (79,861)
Total revenues 38,860 124,398 47,047 (77,351)

EXPENDITURES
Current:

General government 7,000 7,000 2,120 4,880
Library 251,885 329,746 22,101 307,645
Total expenditures 258,885 336,746 24,221 312,525
Net change in fund balance (220,025) $ (212,348) $ 22,826 235,174 $

FUND BALANCE
Beginning of year 305,459
End of year $ 328,285
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Transportation Air Quality Improvements Special Revenue Fund For the Year Ended June 30, 2023
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Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 12,700 $ 12,700 $ 14,387 $ 1,687 $
Investment earnings 70 725 1,093 368
Total revenues 12,770 13,425 15,480 2,055

EXPENDITURES
Current:

Community services and development 1,340 1,340 1,340 -
Total expenditures 1,340 1,340 1,340 -
Net change in fund balance 11,430 $ 12,085 $ 14,140 2,055 $

FUND BALANCE
Beginning of year 43,564
End of year $ 57,704
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Gas Tax Special Revenue Fund
For the Year Ended June 30, 2023
-67-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 303,422 $ 287,691 $ 283,358 $ (4,333) $ Investment earnings 65 320 424 104
Total revenues 303,487 288,011 283,782 (4,229)

EXPENDITURES
Current:

Public works, parks and senior center 267,502 269,302 259,234 10,068 Total expenditures 267,502 269,302 259,234 10,068
Net change in fund balance 35,985 $ 18,709 $ 24,548 5,839 $

FUND BALANCE
Beginning of year 32,613
End of year $ 57,161
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Measure A Special Revenue Fund
For the Year Ended June 30, 2023
-68-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 274,000 $ 310,000 $ 323,492 $ 13,492 $ Investment earnings - 12,600 17,144 4,544
Total revenues 274,000 322,600 340,636 18,036

EXPENDITURES
Current:

Public works, parks and senior center 21,920 539,593 334,593 205,000 Total expenditures 21,920 539,593 334,593 205,000
Net change in fund balance 252,080 $ (216,993) $ 6,043 223,036 $

FUND BALANCE
Beginning of year 715,038
End of year $ 721,081
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Lighting/Landscape District Special Revenue Fund
For the Year Ended June 30, 2023
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Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Taxes 100,000 $ 108,000 $ 106,710 $ (1,290) $
Investment earnings - 80 696 616
Total revenues 100,000 108,080 107,406 (674)

EXPENDITURES
Current:

Public works, parks and senior center 191,684 213,184 160,928 52,256 Total expenditures 191,684 213,184 160,928 52,256
REVENUES OVER EXPENDITURES (91,684) (105,104) (53,522) 51,582

OTHER FINANCING SOURCES (USES)
Transfers in 85,000 85,000 85,000 -
Total other financing sources (uses) 85,000 85,000 85,000 - Net change in fund balance $ (6,684) $ (20,104) 31,478 $ 51,582

FUND BALANCE
Beginning of year 45,638
End of year $ 77,116
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Recycling Special Revenue Fund
For the Year Ended June 30, 2023
-70-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 5,000 $ 5,000 $ 5,000 $ - $
Investment earnings 30 250 378 128
Total revenues 5,030 5,250 5,378 128

EXPENDITURES
Current:

Public works, parks and senior center 5,000 5,000 - 5,000 Total expenditures 5,000 5,000 - 5,000
Net change in fund balance 30 $ 250 $ 5,378 5,128 $

FUND BALANCE
Beginning of year 15,057
End of year $ 20,435
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Housing Rehab – Federal Special Revenue Fund
For the Year Ended June 30, 2023
-71-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Investment earnings - $ 500 $ 278 $ (222) $
Total revenues - 500 278 (222)

EXPENDITURES
Current:

General government - - 56,977 (56,977)
Public works, parks ans senior center - 1,428 1,090 338 Total expenditures - 1,428 58,067 (56,639)
Net change in fund balance - $ (928) $ (57,789) (56,861) $

FUND BALANCE
Beginning of year 435,936
End of year $ 378,147
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Road Maintenance and Rehab Special Revenue Fund
For the Year Ended June 30, 2023
-72-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental 233,326 $ 239,985 $ 243,239 $ 3,254 $ Investment earnings 900 10,300 11,168 868
Total revenues 234,226 250,285 254,407 4,122

EXPENDITURES
Total expenditures - - - -
REVENUES OVER EXPENDITURES 250,285 234,226 254,407 4,122

OTHER FINANCING SOURCES (USES)
Transfers out (233,000) (732,705) (325,000) 407,705
Total other financing sources (uses) (233,000) (732,705) (325,000) 407,705 Net change in fund balance 1,226 $ (482,420) $ (70,593) 411,827 $

FUND BALANCE
Beginning of year 569,161
End of year $ 498,568
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Planning Grants Special Revenue Fund
For the Year Ended June 30, 2023
-73-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUE
Intergovernmental - $ 20,495 $ 20,495 $ - $
Total revenues - 20,495 20,495 -

EXPENDITURES
Current:

Community services and development - 44,200 44,200 -
Total expenditures - 44,200 44,200 -
REVENUES OVER EXPENDITURES (23,705) - (23,705) -

OTHER FINANCING SOURCES (USES)
Transfers in - 23,705 23,705 -
Total other financing sources (uses) - 23,705 23,705 -
Net change in fund balance - $ - $ - - $

FUND BALANCE
Beginning of year -
End of year $ -
Budget Amounts

City of Calimesa
Schedule of Revenues, Expenditures, and Changes in Fund Balance – Budget and Actual Capital Projects Including ARPA Capital Projects Fund
For the Year Ended June 30, 2023
-74-
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)

REVENUES
Intergovernmental 1,095,633 $ 1,273,810 $ 1,273,810 $ - $ Investment earnings 2,500 36,000 50,095 14,095
Total revenues 1,098,133 1,309,810 1,323,905 14,095

EXPENDITURES
Current:

Public works, parks and senior center 2,095,633 2,273,810 1,661,613 612,197 Total expenditures 2,095,633 2,273,810 1,661,613 612,197 REVENUES OVER EXPENDITURES (964,000) (997,500) (337,708) 626,292

OTHER FINANCING SOURCES (USES)
Transfers in 1,000,000 1,000,000 1,000,000 -
Total other financing sources (uses) 1,000,000 1,000,000 1,000,000 - Net change in fund balance 2,500 $ 36,000 $ 662,292 626,292 $

FUND BALANCE
Beginning of year 3,935
End of year $ 666,227
Budget Amounts

This page intentionally left blank

735 E. Carnegie Dr. Suite I 00
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa.net

PARTNERS
Terry P Shea. CPA
Scott W Manno, CPA. CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A Weleb,r. CPA. MBA. CGMA
Jenny W Liu, CPA. MST
Gardenya Duran, CPA. CGMA
Brianna Schultz, CPA. CGMA
Brenda L. Odle, CPA. MST (Partner Emeritus)

MANAGERS/ STAFF
Seong-Hyea Lee, CPA. MBA
Evelyn Mo, entin-Barcena, CPA
Veronica Hernandez, CPA
Laura Arvizu, CPA
John Maldonado, CPA. MSA
Julia Rodnguez Fuentes. CPA. MSA
Dem, Hite. CPA
Jeffrey McKennan. CPA

MEMBERS
Amencan lnslltute of
Certified Public Accountants
PCPS Tlie A/CPA All,ance
for CPA Fmns
Governmental Aud,1
Qua/11y Cenre,
California Society of
Cert1f1ed Public Accountants
dil5b Proud Member of 9 AlliottGlobalAlliance~
mm
IIIIJ

ROGERS, ANDERSON , MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS. SINCE 1948
STABILITY. ACCURACY. TRUST.
-75-

REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
The Honorable Mayor and Members of the City Council
City of Calimesa, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Calimesa, California (the City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 11, 2023.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

-76-
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses may exist that have not been identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Respectfully,

ATTACHMENT 9B

REPORT ON INTERNAL CONTROL OVER

FINANCIAL REPORTING AND ON COMPLIANCE

AND OTHER MATTERS BASED ON AN AUDIT OF

FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT

AUDITING STANDARDS

735 E. Carnegie Dr. Suite I 00
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa.net

PARTNERS
Terry P Shea. CPA
Scott W Manno, CPA. CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A Weleb,r. CPA. MBA. CGMA
Jenny W Liu, CPA. MST
Gardenya Duran, CPA. CGMA
Brianna Schultz, CPA. CGMA
Brenda L. Odle, CPA. MST (Partner Emeritus)

MANAGERS/ STAFF
Seong-Hyea Lee, CPA. MBA
Evelyn Mo, entin-Barcena, CPA
Veronica Hernandez, CPA
Laura Arvizu, CPA
John Maldonado, CPA. MSA
Julia Rodnguez Fuentes. CPA. MSA
Dem, Hite. CPA
Jeffrey McKennan. CPA

MEMBERS
Amencan lnslltute of
Certified Public Accountants
PCPS Tlie A/CPA All,ance
for CPA Fmns
Governmental Aud,1
Qua/11y Cenre,
California Society of
Cert1f1ed Public Accountants
dil5b Proud Member of 9 AlliottGlobalAlliance~
mm
IIIIJ

ROGERS, ANDERSON , MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS. SINCE 1948
STABILITY. ACCURACY. TRUST.
-1-
December 11, 2023
To the Honorable Mayor and Members of the City Council
City of Calimesa
Calimesa, California
We have audited the financial statements of the City of Calimesa, California, (the City) as of and for the year ended June 30, 2023, and have issued our report thereon dated December 11, 2023. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility in Relation to the Financial Statement Audit As communicated in our engagement letter dated May 4, 2023, our responsibility, as described by professional standards, is to form and express opinions about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting.

Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures for the purpose of identifying other matters to communicate to you.

Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated to you.

Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm and our firm, have complied with all relevant ethical requirements regarding independence.

To the Honorable Mayor and Members of the City Council
City of Calimesa
-2-
Significant Risks
We have identified the possibility of the following significant risks:

Management's override of internal controls over financial reporting: Management override of internal controls is the intervention by management in handling financial information and making decisions contrary to internal control policy.

Revenue recognition: Revenue recognition is a generally accepted accounting principle that refers to the conditions under which an entity can recognize a transaction as revenue. Auditing standards indicate that recognizing revenue is a presumed fraud risk and usually classified as a significant risk in most audits.

These significant risks are presumptive in most audits and merit attention by the auditors due to the direct impact over financial reporting and internal control processes. Although identified as significant risks, we noted no matters of management override of controls or deviations from generally accepted accounting principles which caused us to modify our audit procedures or any related matters which are required to be communicated to those charged with governance due to these identified risks.

Qualitative Aspects of the City’s Significant Accounting Practices Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements. The City has adopted provisions of Governmental Accounting Statements Board (GASB) Statement No. 96, Subscription-Based IT Arrangements and Statement No. 91, Conduit Debt. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements are:

Management’s estimate of fair market value of investments is based on market values provided by outside sources. We evaluated the key factors and assumptions used to develop the fair market value of investments in determining that it is reasonable in relation to the financial statements taken as a whole.

Management’s estimate of depreciation expense is based on the useful lives of acquired assets. We evaluated the key factors and assumptions used to develop depreciation expense in determining that it is reasonable in relation to the financial statements taken as a whole.

Management’s estimate of compensated absence is based on accumulated compensation for vacation, sick leave and compensatory time to employees. We evaluated the key factors and assumptions used to develop the estimate in determining that is reasonable in relation to the financial statements taken as a whole.

To the Honorable Mayor and Members of the City Council
City of Calimesa
-3-
The estimate of the net pension liability is based on actuarial reports provided by independent actuaries.

We evaluated the key factors and assumptions used to develop the estimate in determining that it is reasonable in relation to the statements taken as a whole.

Financial Statement Disclosures
Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to:

The disclosure of fair value of investments in the notes to the financial statements represents amounts susceptible to market fluctuations.

The disclosure of capital assets, net, in the notes to the basic financial statements is based on historical information which could differ from actual useful lives of each capitalized item.

The disclosure of compensated absences in the notes to the financial statements is based on accumulated compensation for vacation, sick leave and compensatory time to employees. Actual future liabilities may vary from disclosed estimates.

The disclosure of net pension liability in the notes to the financial statements is based on actuarial assumptions. Actual future liabilities may vary from disclosed estimates.

The financial statement disclosures are neutral, consistent, and clear.

Significant Difficulties Encountered during the Audit
We encountered no significant difficulties in dealing with management relating to the performance of the audit.

Uncorrected and Corrected Misstatements
For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. None of the misstatements identified by us as a result of our audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole.

Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.

Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated December 11, 2023.

To the Honorable Mayor and Members of the City Council
City of Calimesa
-4-
Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Matters, Findings, or Issues
In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the entity, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City’s auditors.

Other Information in Documents Containing Audited Financial Statements Pursuant to professional standards, our responsibility as auditors for other information in documents containing the City’s audited financial statements does not extend beyond the financial information identified in the audit report, and we are not required to perform any procedures to corroborate such other information.

However, in accordance with such standards:

We applied certain limited procedures to the required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

We were engaged to report on the supplementary information, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements.

This information is intended solely for the use of the City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties.

San Bernardino, California
December 11, 2023

ATTACHMENT 9C
AUDITORS’ COMMUNICATION WITH THOSE
CHARGED WITH GOVERNANCE (SAS 114) FOR
THE YEAR ENDED JUNE 30, 2023

735 E. Carnegie Dr. Suite I 00
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
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REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable Mayor and Members of the City Council
City of Calimesa
Calimesa, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Calimesa, California (the City), as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 11, 2023.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

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Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

San Bernardino, California
December 11, 2023

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: ACCEPTANCE OF TR 26925 DETENTION BASIN AND SECOND

AMENDMENT TO AGREEMENT FOR LANDSCAPE SERVICES

BETWEEN THE CITY AND INLAND EMPIRE LANDSCAPE
MEETING DATE: December 18, 2023
PREPARED BY: Mari Shakir, Associate Engineer
RECOMMENDATION: That the City Council:
1) Accept the detention basin for maintenance in Tract 26925 in Community Facilities District 2013- 1 – JP Ranch, and
2) Approve the Second Amendment to the Agreement for Landscape Maintenance Services between the City of Calimesa and Inland Empire Landscape, authorize the Mayor to execute the amendment, and direct the City Manager to take all actions necessary to implement the Second Amendment.

BACKGROUND: D.R. Horton, the developer for JP Ranch has completed the Landscape Improvement related to the detention basin on Country Club Drive in the JP Ranch project in compliance with the improvement plans and all applicable City Standards. The work has been inspected and deemed complete.

On May 17, 2021, the City awarded a contract to Inland Empire Landscape for landscape maintenance services for CFD 2013-1 – JP Ranch. The areas maintained by this contract are only the irrigated landscaped portion of the CFD lots. The non-irrigated portions are maintained in a separate weed abatement contract with A.B. Landscape. On April 17, 2023, a First Amendment was executed to include Lot E and the V-ditch of Tract 30386 in the JP Ranch Community. The Agreement and First Amendment did not include the basin in Tract 26925 which was still under construction and under the maintenance responsibility of the developer, D.R. Horton. Staff recommends that the City accept the detention basin for maintenance in Tract 26925 in Community Facilities District 2013-1 – JP Ranch.

DISCUSSION: The purpose of this amendment is to add the detention basin into the area maintained under the existing agreement. The total acreage for the basin is 0.45 acres. The area maintained under the existing agreement and second amendment is 4.92 acres. The current monthly rate for landscape maintenance is $9,680.21. Based on this rate, and the increase in acreage, the new monthly rate would be $10,565.60. The current monthly rate for irrigation

maintenance is $1,366.65. Since there is no irrigation within the basin, the irrigation costs will not increase.

FISCAL IMPACT: The approved Fiscal Year 2023-24 CFD JP Ranch Maintenance professional services budget has a sufficient balance for the increase on the remaining six months of services provided for January 1, 2024 through June 30, 2024. Future fiscal periods will reflect the estimated costs of services through the annual budget process.

ATTACHMENTS:

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

ATTACHMENT 10A

SECOND AMENDMENT TO CONTRACT FOR

LANDSCAPE MAINTENANCE SERVICES

SECOND AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE

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

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

RECITALS
WHEREAS, City and Contractor entered into a certain Agreement for landscape maintenance services for Community Facilities District 2013-1 – JP Ranch dated May 25, 2021 (“Initial Agreement”); and
WHEREAS, City and Contractor executed a First Amendment to the Agreement on April 17, 2023 (“First Amendment”) to include maintenance services for Lot E and the adjacent V-ditch in JP Ranch; and
WHEREAS, the Initial Agreement and First Amendment did not include maintenance services for the detention basin on Country Club Drive in JP Ranch due to construction not being completed; and
WHEREAS, the developer has now completed the improvements for said detention basin area in compliance with City standards; and
WHEREAS, Contractor has agreed to provide services for said detention basin areas based on the current pricing per acre; and
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor agree to amend the Initial Agreement for Landscape Maintenance Services as follows:

AMENDMENT

1. The quantity for landscaped planters/shrubs is hereby increased to 5.37 acres.

2. The costs for Landscape Maintenance Services are hereby increased per the following table:

Current Pricing Amended Pricing
Description Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Landscape
Maintenance
12 Mo. $9680.21 $116,162.52 $10,565.60 $126,787.20

3. Remainder Unchanged. Except as expressly amended in this Second Amendment, the Initial Agreement as amended by the First Amendment, remain in full force and effect and binding upon City and Contractor.

4. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

5. Effective Date. This Second Amendment shall become effective on January 1, 2024.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year first-above written.

City of Calimesa
By: ____________________________
William Davis, Mayor
ATTEST:

By: ____________________________
Darlene Gerdes, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Quinn M. Barrow, City Attorney
Inland Empire Incorporated, a California
corporation
By: _____________________________
Its: _____________________________
By: _____________________________
Its: _____________________________

ATTACHMENT 10B

CONTRACT FOR LANDSCAPE MAINTENANCE

SERVICES AND FIRST AMENDENT

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: CROWN CASTLE CELL TOWER LEASE EXTENSION PROPOSAL MEETING DATE: December 18, 2023
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the Lease Extension Proposal from Crown Castle for the Cell Tower located on City property.

BACKGROUND/DISCUSSION: The City of Calimesa entered into a lease agreement with TMobile in September 2010 for the cell tower built on City property located behind the City Hall and Sr. Center complex at 908 Park Avenue. The current lease has been extended for three additional 5-year terms and is due to expire 2025. The City of Calimesa received monthly rent payments from T-Mobile until 2013, at which time Crown Castle gained ownership of T-Mobile tower units. The City has been contacted by Crown Castle to extend its business relationship with the City and has offered an extension with the following terms:

Rent Reduction/Lease Extension/With Revenue Share Option ▪ $2,205.00 per month commencing on April 1, 2024
▪ 10% term (every five (5) years) escalation commencing on July 1, 2026 ▪ 30-year lease extension(new expiration of 7/11/2061)
▪ 15% revenue share on future co-location tenants.

The current monthly rent received is $3,194.04 + $100 per month for administrative processing.

Additionally, the current lease agreement provides for an annual 4% increase over the prior year’s rent but does not provide for revenue shares for future tenants.

Crown Castle is asking for a preliminary approval of the lease extension option by the City. Once approved, Crown Castle will provide the City with a new lease agreement for Council consideration and approval at a future meeting.

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: SHOPOFF DEVELOPMENT CHERRY VALLEY BOULEVARD/I-10 INTERCHANGE IMPROVEMENT: ACCEPTANCE OF IMPROVEMENT
AND RELEASE OF BONDS.

MEETING DATE: December 18, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff recommends that City Council:

1. Accept the public improvements completed by the Shopoff Development and begin the warranty period for the improvements.

2. Approve the release of the Faithful Performance Bond and Payment Bond.

BACKGROUND: On November 21, 2022, Council executed an improvement Agreement and accepted Sureties from the Shopoff Development for the interim improvements at the I-10/Cherry Valley Boulevard Interchange within the City’s public right-of-way. The bond amounts accepted are as followed:
• Faithful Performance Bond Amount (Bond No. 800126526): $936,500.00 • Payment Bond Amount (Bond No. 800126526): $936,500.00 • Warranty Bond Amount (Bond No. 800126526): $93,650.00 In Accordance with Section 2C of the Agreement, the City Engineer herby notifies the City Council that the Developer has completed the public Improvements related to the project in compliance with improvement plans and all applicable City standards. City Staff recommends that Council accept the public improvements and authorize the release of the faithful performance bond and payment bond. Upon acceptance of the improvements, the warranty period will begin, and the warranty bond (already accepted by City Council) will be held for a period of one year.

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: COUNTY LINE ROAD NEIGHBORHOOD MARKET, LP, CONSENT

TO ENCUMBER FEE DEDICATED PROPERTY
MEETING DATE: December 18, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff recommends that City Council Approve Consent to Encumber Property and Authorize the City Manager to Issue a Letter to County Line Neighborhood Market, LP indicating Consent.

BACKGROUND: On November 12, 2020, the City executed an Irrevocable Offer of Dedication and Covenant Concerning Real Property Agreement with County Line Neighborhood Market, LP. The Agreement, pursuant to Government Code Section 7050, provides for an irrevocable offer of dedication for land along County Line Road near the Interstate 10 Interchange for the future interchange improvements. Because the interchange improvement will occur well into the future and the precise land area needed for the improvements will not be known until processing with Caltrans has occurred, the City will not accept the offer of dedication until such time that the interchange project is construction ready. The property being used and will continue to be used by the property owner until the City accepts the dedication. The Agreement includes a Developer Covenant that prohibits encumbrances on the property, see Section 8, Developer Covenant, Subsection d, No Encumbrances.

The Property owner has indicated that they intend to refinance debt on the property and the lender is requiring that the City consent to encumbering the land including the fee dedication portion. The City Attorney’s office, in collaboration with the Property Owner, has developed the attached draft letter.

Staff is requesting that Council approve the consent to encumber the fee dedication land and authorize the City Manager to issue a final letter to County Line Neighborhood Market, LP.

ATTACHMENTS:

Attachment A: Irrevocable Offer of Fee Dedication and Covenant Concerning Real Property, Document # 2020-0601385, dated December 1, 2020.

Attachment B: Draft Letter.

ATTACHMENT 13A

IRREVOCABLE OFFER OF FEE DEDICATION AND

COVENANT CONERCNING REAL PROPERTY,
DOCUMENT # 2020-0601385
DATED DECEMBER 1, 2020

ATTACHMENT 13B

DRAFT LETTER

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” DRAFT
December __, 2023
VIA _____________________
County Line Neighborhood Market, LP
_________________________
_________________________
_________________________
Re: Section 8 of “Irrevocable Offer of Fee Dedication and Covenants Concerning Real Property” in favor of the City of Calimesa recorded as Document No. 2020-0601385 in the Official Records of Riverside County on December 1, 2020

Ladies and Gentlemen:

This consent letter is issued in connection with the first sentence of Section 8(d) of the abovereferenced Offer, which prohibits encumbrances.

It is our understanding that you plan to refinance the existing secured loan applicable to your property on or before ______________, 202__, and would like our consent to your recording the deed of trust that will secure such refinancing loan.

The City of Calimesa hereby consents to your encumbering the property described in the abovereferenced Offer with such deed of trust securing such refinancing loan; however, the foregoing consent does not alter or subordinate the above-referenced Offer in any way.

Consequently, notwithstanding the above consent, if and when the Offer is accepted by the City, the City will receive title to the dedicated property free and clear of such deed of trust (and you should so inform the refinancing lender).

Very truly yours,

CITY OF CALIMESA
Will Kolbow, City Manager
cc: Quinn Barrow, Esq. (City Attorney)

City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: CONSIDERATION OF ADOPTION OF TWO RESOLUTIONS OF

NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF

CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC

PURPOSES IN CONNECTION WITH THE COUNTY LINE ROAD

TRANSPORTATION CORRIDOR PROJECT
MEETING DATE: December 18, 2023
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council:

1. Consider the following Resolutions, which are Resolutions of Necessity of the City of Calimesa Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s County Line Road Transportation Corridor Project:

Resolution No. 2023-75
Resolution No. 2023-76

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

3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolutions of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution of Necessity No. 2023-75 and proposed Resolution of Necessity No. 2023-76 (each of which requires a 4/5ths vote of the entire City Council) and authorize the City Attorney’s office to file eminent domain proceedings to acquire the real property interests described below, which consists of a permanent road easement and reciprocal access easement, respectively on the parcels described below:

301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) • An approximate 968 square foot permanent road easement for public street, highways and related purposes, and all uses necessary or convenient thereto of the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030- 041 (referred to as “7-Eleven Parcel”). The property is owned by 7-Eleven, Inc., a Texas corporation. The approximate 968 square foot permanent road easement is described more particularly on Exhibit “A” and depicted on Exhibit “B” to the Resolution of Necessity.

South Side of County Line Road, West of 3rd Street in the City of Calimesa, APNs 410-030-049 − 410-030-052 (Simmons Parcel)
• An approximate 3,743 square foot reciprocal access easement for public street, highways and related purposes, and all uses necessary or convenient thereto of the real property located at South Side of County Line Road, West of 3rd Street, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Numbers 410-030-049 to 410-030-052. The approximate 3,743 square foot reciprocal access easement is specifically located on the portion of the Property identified as APN 410-030-051 (referred to as “Simmons Parcel”). The approximate 3,743 square foot reciprocal easement is described more particularly on Exhibit “A” and depicted on Exhibit “B” to the Resolution of Necessity. The preliminary title report indicates that the property is owned by Billy W. Simmons and Margit Simmons, as to a 61% interest, and Monte Vista Medical Center, as to a 39% interest. The Assessor’s Records, however, show the property is owned by Billy W. Simmons and Margit Simmons.

The approximate 968 square foot permanent road easement on the 7-Eleven Parcel and the approximate 3,743 square foot reciprocal access easement on the Simmons Parcel are referred to below collectively as the “Subject Property Interests”, and are described more particularly in Exhibit “A” and Exhibit “B” to respective Resolutions of Necessity.

The Resolutions of Necessity with Exhibits are attached hereto and incorporated herein by this reference.

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

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

BACKGROUND and DISCUSSION:

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

The Project requires the acquisition of right of way from three properties in Calimesa and three properties in Yucaipa, which will be acquired by the City of Yucaipa, for public street, highways and related purposes, and all uses necessary or convenient thereto. The City has already acquired a full fee interest in one property in connection with the proposed Project and now seeks to acquire permanent easements and impacted site improvements required for the Project from the two remaining properties. The City has attempted to negotiate in good faith with the owners of the 7- Eleven Parcel and Simmons Parcel to acquire the above-described Subject Property Interests, but the parties have not reached a negotiated acquisition as of October 17, 2023. Based on the timing of the Project, it is necessary that the City consider the proposed Resolutions of Necessity at this time. The adoption of the Resolutions of Necessity will not preclude the parties from continuing their good faith negotiations for the City’s purchase of the Subject Property Interests.

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

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of permanent easements over portions of two parcels owned by private property owners in the City of Calimesa in addition to the fee interest already acquired in a third

property. The City’s acquisition of the remaining outstanding property interests required for the Project is not anticipated to result in the displacement of persons or personal property. As a result, no commercial relocation assistance will be needed. The City will coordinate the construction of the Project with the owners of the Subject Property Interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests.

The City seeks to acquire the Subject Property Interests for public use, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority conferred on the City of Calimesa to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.350, 1240.510, 1240.610, 1240.650, and by other provisions of law.

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

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

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

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

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

adherence to City standards and practices. In addition, the Project’s potential environmental impacts were reduced to a less than significant level through the imposition of Mitigation Measures.

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

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

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

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

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

Following is a summary of the actions taken by the City pursuant to Government Code Section 7260 et seq.
301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the permanent roadway easement in the 7-Eleven Parcel that the City seeks to acquire for public use, namely public street, highways and related purposes. The City set just compensation in accordance with the appraised fair market value and extended a written offer on September 14, 2023 to the property owner, 7-Eleven, Inc., a Texas corporation, as well outside legal counsel for 7-Eleven. The fair market value appraisal used a date of value of March 8, 2023.

The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the 7- Eleven Parcel. It explained the applicable zoning and General Plan designation of the 7-Eleven Parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s

valuation analysis. It included the City’s comparable market data relied on by the appraiser.

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

The City remains in active negotiations with 7-Eleven; however, a settlement has not yet been reached. Based on the timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolution of Necessity authorizing the acquisition by eminent domain of the permanent roadway easement in the event a negotiated settlement cannot be achieved.

South Side of County Line Road, West of 3rd Street in the City of Calimesa, APNs 410- 030-051 (Simmons Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Calimesa obtained a fair market value appraisal of the reciprocal access easement in the Simmons Parcel that the City seeks to acquire for public use, namely public street, highways and related purposes. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on August 21, 2023 to the property owners identified in the preliminary title report, Billy W. Simmons, Margit Simmons, and Monte Vista Medical Center. The fair market value appraisal used a date of value of March 30, 2023.

The City’s written offer included an informational pamphlet describing the eminent domain process and the record owners’ rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the Simmons Parcel. It explained the applicable zoning and General Plan designation of the Simmons Parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser.

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

The Simmons owners are obtaining an independent appraisal.

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

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by firstclass mail dated October 17, 2023 to the record owners of the Subject Property Interests the City seeks to acquire informing them of the City’s intent to consider at its November 6, 2023 meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests from the 7-Eleven Parcel and Simmons Parcel. The notices advised the record owners of their right to appear and be heard regarding the City’s proposed adoption of the

Resolution of Necessity by filing, within fifteen days of the date on which the notices was mailed, a written request with the City to appear at the hearing. The notices specifically informed the record owners that they have an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owners of record are necessary for the Project.

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

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

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

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

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

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

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of permanent easements over portions of two parcels owned by private property owners in the City of Calimesa in addition to the fee interest already acquired in a third property. The City’s acquisition of the remaining outstanding property interests required for the Project is not anticipated to result in the displacement of persons or personal property. As a result,

no commercial relocation assistance will be needed. The City will coordinate the construction of the Project with the owners of the property interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests.

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

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to improve traffic circulation and efficiency in this area of the City. The City seeks to construct the Project to improve capacity, circulation, and enhance safety for pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long-term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

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

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

Project with the owners of the property interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests.

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

The Project may require the relocation of several utilities to the proposed new right-of-way area.

The public use for which the City seeks to acquire the Subject Property Interests, namely public street, highways and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located in the Subject Property Interests that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

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

The City cannot construct the Project without the acquisition of the following Subject Property Interests, which are described more particularly in the Resolutions of Necessity:
301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) • An approximate 968 square foot full permanent road easement for public street purposes and improvements thereon of the real property located at 301 W. County Line Road, Calimesa, California, and further identified as Riverside County tax Assessor’s Parcel Number 410-030-041. The property is owned by 7-Eleven, Inc., a Texas corporation.

South Side of County Line Road, West of 3rd Street in the City of Calimesa, APNs 410- 030-049 to 052 (Simmons Parcel)
• An approximate 3,743 square foot reciprocal access easement for public street, highways and related purposes, and all uses necessary or convenient thereto of the real property located at South Side of County Line Road, 79.78 feet West of 3rd Street,

Calimesa, and identified as Riverside County Tax Assessor’s Parcel Numbers 410-030- 049 to 052 (referred to as “Simmons Parcel”). Based on the preliminary title report obtained by the City, the property is owned by Billy W. Simmons and Margit Simmons, as to a 61% interest, and Monte Vista Medical Center, as to a 39% interest. The Assessor’s Records, however, identify the record owners as Billy W. Simmons and Margit Simmons.

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

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

D. The City has made an offer as required by Government Code Section 7267.2 to the owners of record of the Subject Property Interests it seeks to acquire from the 7- Eleven Parcel and Simmons Parcel
The City, pursuant to Government Code Section 7260 et seq., obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the fair market value, and extended a written offer to the owners of record of the Subject Property Interests. As detailed above, the City extended to the owners of record of the Subject Property Interests a written offer pursuant to Government Code Section 7267.2 to acquire the Subject Property Interests for public use, namely public street purposes, drainage, public utilities, and all uses necessary or convenient thereto. Specifically, the City extended a written offer to the following record owners of the Subject Property Interests:
• The City extended a written offer to 7-Eleven, Inc., a Texas corporation to purchase an approximate 968 square foot permanent road easement and site improvements thereon of the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-41 for public street, highways, and related purposes.
• The City extended a written offer to Billy W. Simmons, Margit Simmons, and Monte Vista Medical Center to purchase an approximate 3,743 square foot reciprocal access easement and site improvements thereon of the real property located at South Side of County Line Road, West of 3rd Street, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Numbers 410-030-049 to 052, specifically located on 410-030-051, for public street, highways, and related purposes.

Incorporation of Above-Referenced Documents:

The following documents on file with the City Clerk’s Office and/or the Public Works Department, which are referenced in this report, are incorporated herein by this reference:
• Resolutions of Necessity (attached hereto)
• City of Calimesa General Plan
• Offer letters to the record owner of the Subject Property Interests • Notices pursuant to Code of Civil Procedure Section 1245.235 to record owner of the Subject Property Interests
• Street Improvement Plans for Project
• Environmental Documents relating to Project
FISCAL IMPACT: The Council approved appraisals and subsequent offers for the properties are $66,000 for 301 W. County Line Road, APN 410-030-041 (7-Eleven Parcel) and $32,300 for South Side of County Line Road, West of 3rd Street in the City of Calimesa, APNs 410-030-049 − 410- 030-052 (Simmons Parcel). These amounts will be paid from the County Line Road Improvement account.

ATTACHMENTS:

Attachment A: Proposed Resolution of Necessity 2023-75
Attachment B: Proposed Resolution of Necessity 2023-76

ATTACHMENT 14A
PROPOSED RESOLUTION NO. 2023-75

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RESOLUTION 2023-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION

WITH THE COUNTY LINE ROAD TRANSPORTATION CORRIDOR
PROJECT (PERMANENT ROAD EASEMENT ON APN 410-030-041)
WHEREAS, the City of Calimesa (“City”) is a municipal corporation in the County of Riverside, State of California; and
WHEREAS, the City seeks to construct the County Line Road Transportation Corridor Project (“Project”) to improve circulation in this area of the City. The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

Pursuant to Section 15063 of Article 19 of the State CEQA Guidelines, City Staff determined that the Project would not have a significant effect on the environment through adherence to City standards and practices. In addition, the Project’s potential environmental impacts were reduced to a less than significant level through the imposition of Mitigation Measures. The City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program.

On or about May 17, 2022, the City duly filed the Mitigated Negative Declaration with the County of Riverside in accordance with CEQA; and
WHEREAS, in connection with the proposed Resolutions of Necessity, on November 6, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project.

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

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

SECTION 1. The Calimesa City Council adopts Resolution 2023-75, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Permanent Road Easement on APN 410- 030-041).

SECTION 2. The City seeks to acquire by eminent domain the real property interests described below in Section 3 of this Resolution for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the County Line Road Transportation Corridor Project (“Project”) pursuant to the authority conferred on the City of Calimesa to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.350, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 968 square foot permanent road easement (“Subject Property Interest”) on the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-041 (“7- Eleven Property”) in connection with the Project. The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

SECTION 4. The environmental effects of the acquisition of the Subject Property Interest were studied as an integral part of the environmental review for the Project. On or about May 17, 2022, the City duly filed the Mitigated Negative Declaration with the County of Riverside in accordance with CEQA. In connection with the proposed Resolution of Necessity, on November 6, 2023, City staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

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

A. The proposed Project will construct a single lane roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the

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roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation.

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

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

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

The City will coordinate the construction of the Project with the owners of the property interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

SECTION 6. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interest.

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

B. The City set just compensation in accordance with the appraised fair market value and extended a written offer on September 14, 2023 to the property owner, 7- Eleven, Inc., a Texas corporation, as well as outside legal counsel for 7-Eleven. The fair market value appraisal used a date of value of March 8, 2023.

C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owners’ rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of

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the highest and best use of the 7-Eleven Property and the Subject Property Interest. It explained the applicable zoning and General Plan designation of the 7-Eleven Property. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interest.

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

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

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

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

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

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consider the adoption of the Resolution of Necessity, Street Improvement Plans for the Project, and the Mitigated Negative Declaration for the Project.

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

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

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

PASSED, APPROVED AND ADOPTED this 18th day of December, 2023. ____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
________________________

DARLENE GERDES, CITY CLERK

Exhibit “A”

Exhibit “B”

Exhibit “C”

INTRODUCTION
Exhibit “C”

EMINENT DOMAIN INFORMATION PAMPHLET
California Government Code Section 7267.2 requires a public entity to provide property owners with an information pamphlet detailing the eminent domain process and their rights under the Eminent Domain Law at the time it offers to purchase the owners’ real property or portions of their property. This information pamphlet provides a general overview of the eminent domain process and answers questions commonly asked by property owners regarding their rights. This is an information pamphlet only and is not intended to give a complete statement of all state or federal laws and regulations regarding eminent domain or to provide property owners with any form of legal advice.

OVERVIEW OF EMINENT DOMAIN PROCESS
What is eminent domain?
Eminent domain is the acquisition of private property by a public entity for a public use.

Public entities, such as the state and the federal government, counties, cities, and school districts, may exercise the power of eminent domain to acquire real property for a public use if they meet all legal requirements, including the payment of just compensation to the owners or into the court for the benefit of the owners. (CALIFORNIA CONSTITUTION, art. I, sec. 19). Public uses include, but are not limited to roads, parks, public facilities, public utilities, police stations, fire stations, libraries, and schools.

A public entity may acquire any interest in real property such as a fee interest, permanent easement, slope easement, or temporary construction easement. A public entity may acquire only the property interests that are needed for the public use. If a public entity acquires a portion of a parcel and this results in damage to the remainder parcel, the owner is entitled to be compensated for the loss of value, if any, to the remainder parcel. If the appraiser determines that the remainder parcel is an uneconomic remnant because it will be left in a size, shape or condition to be of little or no value to the owner, the public entity will offer to purchase the entire parcel.

The law requires that public entities make every reasonable effort to acquire real property expeditiously by negotiated purchase. As discussed more fully below, there are several steps that a public entity must take prior to acquiring real property by eminent domain. These legal prerequisites are meant to protect property owners and ensure that they have an opportunity to participate in the acquisition process. These preacquisition steps include the appraisal process, offers and negotiations.

Appraisal Process
The public entity is required to obtain a fair market value appraisal of the real property before it can acquire it by eminent domain.
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Notice Informing Owners of Public Entity’s Decision to Appraise Their Real Property
When a public entity identifies real property or portions of that property that it may need for a proposed project, it sends to the property owners a notice informing the owners that it intends to appraise their property. This notice informs the owners that the public entity has decided to appraise their real property and notifies them that an appraiser will contact them. An appraiser licensed by the Office of Real Estate Appraisers will contact the owners and request permission to inspect their property. The appraiser will also invite the owners to accompany the appraiser on the inspection and to provide to the appraiser any information that the owners consider relevant to the value of the real property. Permitting the inspection and accompanying the appraiser on the site inspection will allow the appraiser to fully assess the value of the real property. If the owners do not allow the appraiser to inspect the real property, the appraiser will inspect the subject property from the public right of way.

Appraisal of Fair Market Value of Real Property
After the appraiser inspects the real property, the appraiser prepares an appraisal of the fair market value of the property.

What is fair market value?
The Eminent Domain Law defines fair market value as the highest price on the date of value that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for selling the property, and a buyer, ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (Code of Civil Procedure Section 1263.320). The appraisal will take into consideration the highest and best use of the real property. The appraisal can take several weeks to several months to be completed, depending on the appraiser’s workload.

After the appraisal is completed, staff will review the appraisal to see if it complies with the requirements of the Eminent Domain Law. Staff will then recommend that the governing body of the public entity approve the appraisal and set just compensation. Just compensation must be at least the fair market value of the real property as set forth in the appraisal.

Offer
When will the property owners receive an offer to purchase the property? The public entity will provide the owner with a written offer to purchase the real property or real property interests after it sets just compensation. The public entity generally sends the written offer within thirty (30) days from the date the public entity sets just compensation. The public entity cannot offer to purchase the real property for less than the fair market value of the property as determined by the appraisal. (Government Code Section 7267.2). 1690342v1 2 © Richards│Watson│Gershon (2012)

What must the public entity include in the written offer to purchase the property?
Government Code Section 7267.2 requires that the offer include a written statement of, and summary of the basis for, the amount the public entity established as just compensation. The offer must also include the following:
• The date of value, highest and best use, and applicable zoning of the real property; • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value; and • Where appropriate, the just compensation for the real property acquired and for damages to the remainder shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits.

If the real property is owner-occupied residential property and contains no more than four residential units, the owners are entitled to review a copy of the appraisal.

Negotiations
The public entity will negotiate with the property owners for the sale of the real property after it sends the offer letter
Can the property owners obtain their own appraisal of their real property? As of January 1, 2007, the public entity is required to offer to pay the owners’ reasonable costs, up to $5,000.00, for an independent appraisal of their real property. The law requires that an appraiser licensed by the Office of Real Estate Appraisers prepare the independent appraisal.

The public entity will inform the owners of their rights to be reimbursed for these appraisal costs at the time it sends the offer letter.

Are the property owners required to accept the public entity’s offer to purchase the property?
No. The property owners are encouraged to contact the public entity to negotiate the sale of the real property. The owners can negotiate the amount they believe to be the fair market value of the real property and the terms and conditions of the offer.

Are there any advantages to selling the real property to a public entity? Yes. The property owner will receive at least the fair market value of the real property and will not be responsible for real estate commissions, title fees, title insurance, escrow fees, closing costs, and other fees and costs. Some acquisitions by public entities in lieu of condemnation may result in tax benefits to the property owners. The owners should discuss any such tax benefits, if any, with their tax advisors.
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Negotiated Acquisition
If a negotiated agreement for the sale of the real property is reached, the public entity will prepare a purchase and sale agreement. The conveyance of the real property is handled through an escrow.

Resolution of Necessity
If the public entity and the property owners do not reach an agreement for the sale of the real property, the public entity can hold a hearing to determine whether it will acquire the property by eminent domain.

Notice of Hearing on Resolution of Necessity
If the public entity has determined that it is necessary to consider the acquisition of the real property by eminent domain, it will send a written notice to the property owners informing them of the date, time and location of the public entity’s hearing at which it will consider the adoption of a resolution of necessity. (Code of Civil Procedure Section 1245.235). The notice informs the property owners of their right to be heard at this hearing and of their right to present evidence and to preserve their objections to the public entity’s right to take the real property.

The Eminent Domain Law requires that a public entity make the following findings pursuant to Code of Civil Procedure Section 1245.230 to adopt a resolution of necessity authorizing the public entity to acquire the real property by eminent domain:
• That the public interest and necessity require the project; • That the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; • That the subject property is necessary for the project; and • That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence. (Code of Civil Procedure Section 1240.030).

A public entity may adopt a resolution of necessity only after the governing body has given each person whose real property is to be acquired by eminent domain and whose name and address appears on the last equalized assessment roll notice a reasonable opportunity to appear and be heard on the above matters.

The governing body of the public entity will consider all written and oral evidence before it at the hearing, including any objections to the adoption of the resolution of necessity. The public entity can adopt a resolution of necessity authorizing the acquisition of the real property by eminent domain if at least two-thirds of the all of the members of the governing body vote to adopt the resolution. If the governing body consists of five members, the adoption of a resolution of necessity requires at least four out of five affirmative votes. 1690342v1 4 © Richards│Watson│Gershon (2012)

Eminent Domain Proceeding
The resolution of necessity is the document that authorizes the public entity’s attorneys to commence an eminent domain proceeding. Accordingly, if the governing body of the public entity adopts a resolution of necessity, its attorneys will prepare a complaint in eminent domain and related pleadings to acquire the real property by eminent domain. Generally, the complaint in eminent domain will name as defendants any parties that have a recorded interest in the parcel, including the record owners, tenants, easement holders whose interests may be impacted by the acquisition of the property or beneficiaries under deeds of trust.

The public entity will serve the property owners and other named defendants with a copy of the summons, complaint and related documents filed with the court. The defendants served with the summons and complaint have thirty (30) days from the date that they are served with the summons and complaint to file an answer or responsive pleading with the court. (Code of Civil Procedure Section 412.20). Property owners should consider retaining an attorney with experience in eminent domain proceedings to represent them. The parties can continue to negotiate after the eminent domain proceeding is filed.

Orders for Prejudgment Possession and Deposit of Probable Compensation Can the public entity take possession of the real property before trial? A public entity may request an order from the court for early possession of the real property or real property interests. This is called an order for prejudgment possession.

To obtain an order for prejudgment possession, the public entity must show that it is entitled to acquire the real property by eminent domain and that it has deposited with the court for deposit into the county treasury or directly with the State Treasury the amount of probable compensation for the property. The public entity must submit a summary of the basis for the appraisal when it applies to deposit the amount of probable compensation with the court.

Property owners have the right to oppose a public entity’s motion for an order for prejudgment possession. The public entity’s motion for an order for prejudgment possession notifies property owners that they have the right to oppose the motion and that they must serve the public entity and file with the court the opposition to the motion with in thirty (30) days from the date on which the property owner was served with the motion. If the property owners’ opposition asserts a hardship, it has to be supported by a declaration signed under penalty of perjury stating facts supporting the hardship. The public entity can file a reply to the opposition not less than fifteen (15) days before the hearing. At the hearing, if the motion is opposed, the court may enter an order for possession of the real property after considering the relevant facts and any opposition if it finds each of the following:
• The public entity is entitled to take the property by eminent domain; • The public entity has deposited the amount of probable compensation pursuant to Code of Civil Procedure Section 1255.010 et seq.;
1690342v1 5 © Richards│Watson│Gershon (2012)

• There is an overriding need for the public entity to possess the property prior to the issuance of final judgment in the case and the public entity will suffer a substantial hardship if the application for possession is denied or limited; and • The hardship that the public entity will suffer if possession is denied or limited outweighs any hardship on the defendant or occupant that would be caused by the granting of the order for possession. (Code of Civil Procedure Section 1255.410).

Withdrawal of Deposit of Probable Compensation
Property owners can apply to withdraw the funds on deposit with the court. Property owners must serve a copy of their application to withdraw the funds on the public entity. The court cannot order the disbursement of the funds on deposit until 20 days after the date on which the application for withdrawal was served on the public entity. The public entity may file an objection to the withdrawal if, for example, other parties to the proceeding are known or believed to have an interest in the just compensation. Property owners waive any challenges to the public entity’s right to take if they withdraw the funds on deposit with the court. Property owners do not, however, waive their claims for greater compensation for the real property if they withdraw the funds on deposit.

Trial
In eminent domain proceedings, the judge decides legal issues, such as the right to take and the issue of entitlement to certain damages. Property owners are entitled to have the jury determine the amount of just compensation. The majority of eminent domain proceedings are resolved by the respective public entity and property owner prior to trial.

VACATING THE PROPERTY
When will property owners and tenants be required to move from the real property?
If you reach a negotiated settlement with the public entity, the public entity will attempt to determine a mutually agreeable date for you to move. If the real property is condemned, the public entity cannot require that you move without a court order. If your real property is lawfully occupied, the public entity must serve you with a motion for an order for prejudgment possession ninety (90) days before the court hearing. Orders for prejudgment possession are discussed more fully above. If the order for prejudgment possession is granted, the public entity must serve you with the order thirty (30) days before it intends to take possession of your property. If your real property is unoccupied, the public entity must serve you with a motion for an order for possession sixty (60) days before the court hearing. If the order is granted, the public entity must serve you with the order ten (10) days before it intends to take possession of your property.

RELOCATION ASSISTANCE
Property owners and occupants of real property (tenants) that are displaced as the result of a public project may be entitled to relocation assistance and benefits under the Uniform 1690342v1 6 © Richards│Watson│Gershon (2012)

Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) and the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). Relocation benefits may include moving expenses, re-establishment costs, rent differential payments, or interest differential payments. A relocation consultant, hired by the public entity, will meet with the property owners and or tenants to determine their eligibility and potential benefits.

LOSS OF BUSINESS GOODWILL
Goodwill is the benefit that accrues to a business as a result of its location, reputation, skill and other factors that contribute to a business maintaining and acquiring patrons. Public entities are required to compensate owners of a business conducted on the real property, or on the remainder parcel, if the business owners prove all of the following:
• The loss is caused by the taking of the real property or the injury to the remainder; • The loss cannot reasonably be prevented by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; • Compensation for the loss will not be including in payments under Section 7262 of the Government Code; and
• Compensation for the loss will not duplicate in the compensation otherwise awarded to the owner.

Business owners must raise their claim for loss of business goodwill in their answer to the public entity’s complaint. The public entity will engage a business valuation expert to determine the value of the goodwill of the business in the eminent domain proceeding. 1690342v1 7 © Richards│Watson│Gershon (2012)

Exhibit “D”

CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 1263.510
1263.510. (a) The owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following:
(1) The loss is caused by the taking of the property or the injury to the remainder.
(2) The loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill.
(3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code.
(4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.
(b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage.
(c) If the public entity and the owner enter into a leaseback agreement pursuant to Section 1263.615, the following shall apply:
(1) No additional goodwill shall accrue during the lease. (2) The entering of a leaseback agreement shall not be a factor in determining goodwill. Any liability for goodwill shall be established and paid at the time of acquisition of the property by eminent domain or subsequent to notice that the property may be taken by eminent domain.
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Exhibit “E”

Exhibit “F”

Exhibit “F”
Form of Declaration Regarding Costs of Independent Appraiser Declaration of

1. I declare that I am over the age of 18 and that I have personal knowledge of the facts set forth herein.

2. I have elected to accept the City’s offer to pay me the reasonable costs of an independent appraisal up to $5,000.00 pursuant to Code of Civil Procedure Section 1263.025.

3. I have engaged an appraiser licensed by the Bureau of Real Estate Appraisers to appraise the real property located at 301 West County Line Road, in the City of Calimesa, California, identified as Riverside County Tax Assessor’s Parcel Number 410-030- 041. This property is the subject of the City’s Offer Letter of September 2023.

4. I have been billed $ for the appraisal.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.

Executed this th day of 2023 at .

By:

ATTACHMENT 14B
PROPOSED RESOLUTION NO. 2023-76

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RESOLUTION 2023-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION

WITH THE COUNTY LINE ROAD TRANSPORTATION CORRIDOR
PROJECT (RECIPROCAL ACCESS EASEMENT ON APNS 410-030-049 TO -052)
WHEREAS, the City of Calimesa (“City”) is a municipal corporation in the County of Riverside, State of California; and
WHEREAS, the City seeks to construct the County Line Road Transportation Corridor Project (“Project”) to improve circulation in this area of the City. The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

Pursuant to Section 15063 of Article 19 of the State CEQA Guidelines, City Staff determined that the Project would not have a significant effect on the environment through adherence to City standards and practices. In addition, the Project’s potential environmental impacts were reduced to a less than significant level through the imposition of Mitigation Measures. The City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program.

On or about May 17, 2022, the City duly filed the Mitigated Negative Declaration with the County of Riverside in accordance with CEQA; and
WHEREAS, in connection with the proposed Resolutions of Necessity, on November 6, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project.

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

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

SECTION 1. The Calimesa City Council adopts Resolution 2023-76, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Reciprocal Access Easement on the Portion on APN 410-030-049 to -052).

SECTION 2. The City seeks to acquire by eminent domain the real property interests described below in Section 3 of this Resolution for public use, namely public street, highways and related purposes, and all uses necessary or convenient thereto in connection with the County Line Road Transportation Corridor Project (“Project”) pursuant to the authority conferred on the City of Calimesa to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.350, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 3,743 square foot reciprocal access easement, and improvements thereon (“Subject Property Interest”), on the real property located at South Side of County Line Road, West of 3rd Street, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Numbers 410-030-049 to 052 (“Simmons Parcel”) in connection with the Project. The approximate 3,743 square foot Subject Property Interest is located on the portion of the Simmons Property identified as APN 410-030-051 . The Subject Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.

SECTION 4. The environmental effects of the acquisition of the Subject Property Interest were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on November 6, 2023, City staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.

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

A. The proposed Project will construct a single lane roundabout at the intersection of 3rd Street and West County Line Road. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the

3 2874451v2
roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation.

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

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

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

The City will coordinate the construction of the Project with the owners of the property interests to minimize the impact of construction on the parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest.

SECTION 6. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interest.

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

B. The City set just compensation in accordance with the appraised fair market value and extended a written offer on August 21, 2023 to the property owners, Billy W.

Simmons, Margit Simmons, and Monte Vista Medical Center. The fair market value appraisal used a date of value of March 30, 2023.

C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owners’ rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of

4 2874451v2
the highest and best use of the Subject Property Interest. It explained the applicable zoning and General Plan designation of the Subject Property Interest. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis. It included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interest.

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

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

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

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

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

5 2874451v2
consider the adoption of the Resolution of Necessity, Street Improvement Plans for the Project, and the Mitigated Negative Declaration for the Project.

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

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

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

PASSED, APPROVED AND ADOPTED this 18th day of December, 2023. ____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________

DARLENE GERDES, CITY CLERK

Exhibit “A”

Exhibit “B”

City Council Meeting
Staff Report
Agenda Item No. 15
SUBJECT: Public Hearing – General Plan Amendment 23-03 – A City-initiated minor amendment to the General Plan Land Use map (and other related graphics) to adjust the city boundary between the cities of Calimesa and Beaumont along Champions Drive.

MEETING DATE: December 18, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDED ACTION: That the City Council:
1) Adopt CC Resolution 2023-77 approving General Plan Amendment 23-03 2) Adopt CC Resolution 2023-78 requesting that the Riverside County Local Agency Formation Commission take proceedings
3) Find this action categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15319, 15060(c)(2), and 15061(b)(3).

BACKGROUND: The City of Calimesa, City of Beaumont, Pardee Construction Company, and Oak Valley Partners collectively entered into a settlement agreement in December of 2002 (See Attachment A). The purpose of the settlement agreement was to resolve Calimesa’s objections to pending Annexation No. 02-ANZ-02, which would annex a 1,747.9-acre area known as the “Oak Valley SCPGA Golf Course Specific Plan” (Riverside County Specific Plan No. 318) to the City of Beaumont.

Figure 1. The general location of the disputed area previously annexed from Riverside County to the City of Beaumont is outlined in purple.

Street Access and Alignment. Section 1a of the settlement agreement states that, “Beaumont shall provide, as part of the Project implementation, for access to properties within Calimesa that adjoin Desert Lawn Drive and Champions Drive, to Riverside County Standards.

Notwithstanding the provisions of Paragraph 1.b. below, Calimesa agrees that Beaumont shall retain temporary jurisdiction to facilitate the review, approval, permitting and inspection of both sides of Champions Drive for the purpose of causing the intersection of Champions Drive and Desert Lawn to be constructed as a “T” intersection.” This provision was successfully implemented, and the roadway was constructed under the supervision of the City of Beaumont.

Remnant Parcel. Section 1b of the settlement
agreement states, “Beaumont shall remove from
Annexation 02-ANX-02 the irregularly shaped parcel of
land consisting of about 7.5 acres, situated west of
Desert Lawn Drive and north of realigned Champions
Drive, as shown on attached Exhibit “A”, and shall further require, as a condition of development of the Project, the dedication to Calimesa of the Desert Lawn Drive and
Champions Drive right-of-way indicated on Exhibit ‘A’.

Beaumont shall not object to Calimesa’s annexation of
that property to Calimesa.” This provision was
successfully implemented, and the shaded roadway
depicted in Figure 2 (left) was dedicated to the City of Calimesa.

Figure 3. Aerial depiction of installed improvements.

Figure 2. Settlement Agreement “Exhibit
A,” depicting lands to be annexed to
Calimesa for road right-of-way purposes.

Champions Drive
Desert Lawn Drive
City of Beaumont
City of Calimesa
I-10
City of Calimesa
City of Beaumont
Roadway, raised median, landscape/irrigation,
fountain, and entryway tower monumentation
installed by Pardee Homes

Figure 4. Streetview depiction of raised median, fountain, and tower monumentation constructed within the City of Calimesa.

DISCUSSION: Since the construction of the improvements depicted above, the City of Beaumont has consistently provided maintenance to the median landscape and irrigation on both the Calimesa and Beaumont sides. Several discussions have occurred between staff members of both cities, and a consensus was reached to recommend an adjustment to the cities’ boundary lines along Champions Drive from Desert Lawn Drive to approximately 3,200 feet to the west. The area to be annexed by the City of Beaumont is the northerly half-street right of way of Champions Drive, including the tower monument feature, a portion of Desert Lawn Drive, and the fountain located at APN 400-640-019, totaling approximately 4.6 acres. Upon the completion of the annexation, the City of Beaumont boundary would be moved northerly along Champions Drive approximately 50 feet, encompass APN 400-640-019, and extend Desert Lawn Drive approximately 100 feet to the existing Caltrans right-of-way (See Figure 5 below).

The purpose of the boundary adjustment would be to facilitate ongoing maintenance of the subject areas by the City of Beaumont (road right of way) and the Tournament Hills Homeowners Association (fountain).

City of Calimesa City of Beaumont

Figure 5. Depiction of areas to be detached from Calimesa and annexed to Beaumont.

Access to Calimesa Commercial Property
In 2015, the Calimesa Planning Commission approved the Country Club Village project, which was a mixed-use senior
housing and retail
development. The
entitlements granted for the
project have since expired
and are no longer in effect.

However, as shown in
Figure 6 (right), the project
intended to take access on
both Desert Lawn Drive and
Champions Drive. This
developable commercial
property is not a part of the
proposed boundary
adjustment, the property
would remain within the City
of Calimesa, and it is
anticipated that any future
project would propose access from the same roadways. Should GPA 23-03 be approved, and the city boundary adjustment occur, the applicant would obtain encroachment permits to construct driveways from the City of Beaumont instead of from the City of Calimesa. Also, as stated in the background section above, the settlement agreement (Attachment A) stipulates that, “Beaumont shall provide, as part of the Project implementation, for access to properties within Calimesa that adjoin Desert Lawn and Champions Drive..” This provision provides assurance that the City of Beaumont will process the necessary encroachment permits to provide access to Calimesa’s commercial property.

Figure 6. Approved site plan for the now expired Country Club Village project.

On October 3, 2023, the City of Beaumont approved an amendment to its sphere of influence and General Plan Land Use Map to include the proposed annexation area. Should the City of Calimesa also approve the requested actions, the City of Beaumont will then submit the necessary application materials to the Riverside County Local Agency Formation Commission (“LAFCO”). LAFCO requires a Plan of Service for any annexation. The proposed Plan of Service (Attachment D) shows how services are and will continue to be provided to the subject area. The proposed Plan of Servies states that the City of Beaumont is currently providing all services to the right-of-way area and will continue to do so after the annexation is complete. The Plan of Service has been prepared by the City of Beaumont and has been reviewed by each city. The Plan of Service must be approved by the city councils of both Beaumont and Calimesa to be included with the application. Tri-Pointe Homes (formerly Pardee Homes), as the owner of fountain parcel, will also be party to the LAFCO application.

On November 27, 2023, the Calimesa Planning Commission adopted PC Resolution 2023-11 recommending approval of GPA 23-03 (See Attachment F).

PUBLIC HEARING NOTIFICATION: A notification of public hearing was published in the News Mirror on December 8, 2023 for the December 18, 2023 City Council meeting. A copy of the public hearing notice was posted at City Hall and the Norton Younglove Senior Center. (See Attachment E).

ENVIRONMENTAL DOCUMENTATION: This action is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15319, 15060(c)(2), and 15061(b)(3) because this is an annexation of existing roadway developed in accordance with City standards. The property is currently served by all utilities and no changes to existing improvements or utilities are needed or proposed. It can be seen with certainty that there is no possibility that the proposed activity will result in a direct or reasonably foreseeable indirect physical change in the environment.

ATTACHMENTS:

Attachment A: 2002 Settlement Agreement (Reference only) Attachment B: CC Resolution 2023-77 Approving GPA 23-03 Attachment C: CC Resolution 2023-78 Requesting LAFCO proceedings Attachment D: Proposed Plan of Service
Attachment E: Public Hearing Notice
Attachment F: PC Resolution 2023-11 Recommending Approval of GPA 23-03

ATTACHMENT 15A
2022 SETTLEMENT AGREEMENT
(REFERENCE ONLY)

ATTACHMENT 15B
RESOLUTION NO. 2023-77
APPROVING GPA 23-03

RESOLUTION NO. 2023-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 23-03, A

MINOR AMENDMENT TO THE GENERAL PLAN LAND USE MAP TO

ADJUST THE CITY BOUNDARY BETWEEN THE CITIES OF CALIMESA

AND BEAUMONT ALONG CHAMPIONS DRIVE AND FINDING THE

PROJECT EXEMPT FROM CEQA
WHEREAS, City of Calimesa (“City”) is required by California Government Code Section 65302 to adopt and maintain a general plan, as defined therein; and WHEREAS, the City Council last adopted a comprehensive General Plan update by its adoption of Resolution No. 2014-24 on August 4, 2014; and WHEREAS, the General Plan currently shows that the southern City boundary extends to Champions Drive at Desert Lawn Drive; and
WHEREAS, the City of Calimesa, City of Beaumont, Pardee Construction Company, and Oak Valley Partners collectively entered into a settlement agreement in December of 2002. The purpose of the settlement agreement was to resolve Calimesa’s objections to pending Annexation No. 02-ANZ-02, which would annex a 1,747.9-acre area known as the “Oak Valley SCPGA Golf Course Specific Plan” (Riverside County Specific Plan No. 318) to the City of Beaumont; and
WHEREAS, Section 1a of the settlement agreement states that, “Beaumont shall provide, as part of the Project implementation, for access to properties within Calimesa that adjoin Desert Lawn Drive and Champions Drive, to Riverside County Standards.

Notwithstanding the provisions of Paragraph 1.b. below, Calimesa agrees that Beaumont shall retain temporary jurisdiction to facilitate the review, approval, permitting and inspection of both sides of Champions Drive for the purpose of causing the intersection of Champions Drive and Desert Lawn to be constructed as a “T” intersection.” This provision was successfully implemented, and the roadway was constructed under the supervision of the City of Beaumont roughly between the years 2005-2009. The improvements include a single travel lane, curb, gutter, sidewalk, a bike lane, raised median, irrigation/landscape, fountain, and tower monumentation; and WHEREAS, Section 1b of the settlement agreement states, “Beaumont shall remove from Annexation 02-ANX-02 the irregularly shaped parcel of land consisting of about 7.5 acres, situated west of Desert Lawn Drive and north of realigned Champions Drive, as shown on attached Exhibit “A”, and shall further require, as a condition of development of the Project, the dedication to Calimesa of the Desert Lawn Drive and Champions Drive right-of-way indicated on Exhibit ‘A’. Beaumont shall not object to Calimesa’s annexation of that property to Calimesa.” This provision was successfully implemented, and the shaded roadway depicted in Exhibit A of the Settlement Agreement was dedicated to the City of Calimesa. The area depicted in Exhibit A is the Subject area; and
WHEREAS, since the construction of the improvements within the Subject Area, the City of Beaumont has consistently provided maintenance to the median landscape and irrigation on both the Calimesa and Beaumont sides. The cities now desire an adjustment to the boundary lines along Champions Drive from Desert Lawn Drive to

approximately 3,200 feet to the west. The area to be annexed by the City of Beaumont is the northerly half-street right of way of Champions Drive, including the tower monument feature, a portion of Desert Lawn Drive, and the fountain located at APN 400-640-019, totaling approximately 4.6 acres. Upon the completion of the annexation, the City of Beaumont boundary would be moved northerly along Champions Drive approximately 50 feet, encompass APN 400-640-019, and extend Desert Lawn Drive approximately 100 feet to the existing Caltrans right-of-way; and
WHEREAS, on October 3, 2023, the Beaumont City Council approved an amendment to its sphere of influence and General Plan Land Use Map to include the Subject Area; and
WHEREAS, on November 27 , 2023, the Calimesa Planning Commission recommended that the City Council approve an amendment to the General Plan Land Use Map; and
WHEREAS, a legal description and plat map of the Subject Area as described as Exhibit A is attached hereto and incorporated by reference herein; and WHEREAS, detachment of the Subject Area from the City of Calimesa implements a logical and orderly implementation of the General Plan, which will be aided by the proposed actions; and
WHEREAS, information regarding the proposed General Plan Amendment was available for review in the Planning Department at City Hall beginning on November 23, 2023; and
WHEREAS, the City Council held a duly noticed public hearing on this matter as required by law at a special meeting on December 18, 2023; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, HEREBY RESOLVES, AS FOLLOWS:

Section 1. Adoption of Resolution upon Formal Findings. Based upon the true and correct recitals above, incorporated in their entirety by this reference herein, inclusive of all defined terms, and now entered as formal findings, the City Council hereby adopts this Resolution and each of its provisions.

Section 2. California Environmental Quality Act Findings. The City Council finds and determines that this action is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15319, 15060(c)(2), and 15061(b)(3) because this is an annexation of existing roadway developed in accordance with City standards. The property is currently served by all utilities and no changes to existing improvements or utilities are needed or proposed. It can be seen with certainty that there is no possibility that the proposed activity will result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 3. The City Council finds General Plan Amendment (GPA 23-03) consistent with the textual portions of the General Plan, and the proposed amendments are internally consistent with other portions of the General Plan as required by law.

Section 4. The City Council finds General Plan Amendment (GPA 23-03) consistent with the goals, objectives, policies, and programs of the General Plan, and will not result in any internal inconsistencies with the General Plan or the General Plan Land Use Map.

Section 5. The City Council finds that the proposed General Plan Amendment (GPA 23-03) will not adversely affect the public health, safety, and welfare of the City.

Section 6. Severability. If any section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution. The Planning Commission hereby declares that it would have adopted this Resolution and each and every section, subsection, sentence clause or phrase not declared invalid or unconstitutional without regard to any such decision or legislation.

Section 7. Based on the findings contained in Sections 1 through 6 of this Resolution, the City Council approves General Plan Amendment 23-03, a minor amendment to the General Plan Land Use Map to adjust the City boundary between the cities of Calimesa and Beaumont along Champions Drive and finds the project exempt from CEQA.

Section 8. Effective Immediately. This Resolution shall take effect immediately.

Section 9. Certification. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 18th day of December, 2023 ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
___________________________________________

DARLENE GERDES, CITY CLERK

Exhibit A
Subject Area Legal Description and Plat Map

MICHAEL BAKER INTERNATIONAL May 18, 2023
75-410 Gerald Ford Drive, Suite 100 180138
Palm Desert, CA 92211

EXHIBIT “A”
LAFCO 2023-___-___

REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF BEAUMONT AND

DETACHMENT FROM THE CITY OF CALIMESA
All of Parcel B of Lot Line Adjustment No. LLA 07-03 recorded as Instrument No. 2008- 0054736 of Official Records in the Office of the County Recorder of said Riverside County; Together with that portion of Section 31 and Section 32, Township 2 South, Range 1 West, San Bernardino Meridian, in the City of Calimesa, County of Riverside, State of California, described as follows:

BEGINNING at the center corner of said Section 31;
Course 1 Thence South 89°37'21" East 848.57 feet to the beginning of a tangent curve concave northerly and having a radius of 956.00 feet; Course 2 Thence along said curve easterly 10.62 feet through a central angle of 00°38'11";
Course 3 Thence tangent from said curve North 89°44'28" East 798.92 feet to the beginning of a tangent curve concave southerly and having a radius of 1153.00 feet;
Course 4 Thence along said curve easterly 284.05 feet through a central angle of 14°06'54";
Course 5 Thence tangent from said curve South 76°08'38" East 181.14 feet to the beginning of a tangent curve concave northwesterly and having a radius of 691.00 feet;
Course 6 Thence along said curve easterly 586.62 feet through a central angle of 48°38’27” to the westerly line of said Parcel “B” of said Lot Line Adjustment; Course 7 Thence along the westerly line of said Parcel “B” North 02°05’13” East 196.51 feet;

EXHIBIT “A”
LAFCO 2023-___-___

Course 8 Thence along the southwesterly line of said Parcel “B” North 49°19’25” West 105.80 feet to the east line of Section 31;
Course 9 Thence northerly along said east line of Section 31 North 02°05’13” East

98.92 feet to the centerline of Desert Lawn Drive as shown on Tract No. 36955 per map recorded in Book 455, Pages 94 through 98, inclusive, of Maps in the Office of said Riverside County Records, point being the beginning of a non-tangent curve southwesterly and having a radius of 9877.00 feet, a radial line of said curve from said point bears South 39°53'37" West;
Course 10 Thence along said centerline and along said curve southeasterly 206.24 feet through a central angle of 01°11'47";
Course 11 Thence tangent from said curve, continuing along said centerline South 48°54'36" East 173.95 feet to the northerly line of Lot ‘A’ (Champions Drive) as shown on Tract No. 30748-1 per map recorded in Book 358, Pages 19 through 25, inclusive of Maps in the Office of said Riverside County Recorder;
Course 12 Thence South 46°11'53" West 129.63 feet to the beginning of a tangent curve concave northwesterly and having a radius of 750.00 feet; Course 13 Thence along said curve westerly 786.39 feet through a central angle of 60°04'33";
Course 14 Thence tangent from said curve North 73°43'34" West 103.19 feet to the beginning of a tangent curve concave southerly and having a radius of 1100.00 feet;
Course 15 Thence along said curve westerly 305.18 feet through a central angle of 15°53'45";

EXHIBIT “A”
LAFCO 2023-___-___

Course 16 Thence tangent from said curve North 89°37’21” West 1671.08 feet to the westerly line of the southeast quarter of said Section 31; Course 17 Thence northerly along said westerly line North 00°38’23” East 44.00 feet to the POINT OF BEGINNING.

CONTAINS: 4.260 Acres, more or less.

SUBJECT TO all Covenants, Rights, Rights-of-Way, and easements of record EXHIBIT “B” plat attached hereto and by this reference made a part hereof.

This description was prepared by me or under my direction. 05/18/2023
Christopher Alberts, P.L.S. 8508 Date:

For Review Only

For Review Only

ATTACHMENT 15C
RESOLUTION NO. 2023-78

REQUESTING LAFCO PROCEEDINGS

RESOLUTION NO. 2023-78

A RESOLUTION OF APPLICATION BY THE CITY OF CALIMESA

REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY

FORMATION COMMISSION TAKE PROCEEDINGS TO REALIGN THE

BOUNDARY BETWEEN THE CITIES OF CALIMESA AND BEAUMONT

AT CHAMPIONS DRIVE
WHEREAS, the City of Calimesa desires to initiate a proposal pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for the northerly half-street right of way of Champions Drive, a portion of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres; and WHEREAS, notice of intent to adopt this resolution of application has been given to the Planning Commission, each interested agency and each subject agency at least 21 days prior to the adoption of this resolution; and WHEREAS, the territory proposed to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Exhibit A attached hereto and by this reference incorporated herein; and
WHEREAS, this proposal is consistent with the sphere of influence of the affected city; and
WHEREAS, it is desired to provide that the proposed annexation be subject to the following terms and conditions: The annexation is subject to the provisions in the Plan of Service and in the Plan of Service and LAFCO approval.

WHEREAS, the reasons for the proposed annexation are as follows: This annexation is in the public interest, and that there will be a community benefit resulting from the amendment: (i) a plan of services has been prepared for the General Plan Amendment and provides operation and maintenance of community activities and events, public safety, transit, maintenance of public works, sanitary sewers and trash collections to insure that adequate public services and facilities are provided in a timely manner for the Subject Site; (ii) it will provide for more efficient public service; and (iii) is compatible with surrounding land uses as it is an existing roadway built to City standards.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, HEREBY RESOLVES, AS FOLLOWS:

Section 1. California Environmental Quality Act Findings. The City Council finds and determines that this action is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15319, 15060(c)(2), and 15061(b)(3) because this is an annexation of existing roadway developed in accordance with City standards. The property is currently served by all utilities and no changes to existing improvements or utilities are needed or proposed. It can be seen with certainty that there is no possibility that the proposed activity will result in a direct or reasonably foreseeable indirect physical change in the environment.

Section 2. Adoption of Resolution upon Formal Findings. Based upon the true and correct recitals above, incorporated in their entirety by this reference herein, inclusive of all defined terms, and now entered as formal findings, the City Council hereby adopts this Resolution of Application and the Riverside Local Agency Formation Commission is hereby requested to take proceedings for the annexation of territory as described in Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, sentence clause or phrase not declared invalid or unconstitutional without regard to any such decision or legislation.

Section 4. Effective Immediately. This Resolution shall take effect immediately.

Section 5. Certification. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 18th day of December, 2023 ___________________________

WILLIAM DAVIS, MAYOR
ATTEST:
________________________

DARLENE GERDES, CITY CLERK

Exhibit A
Subject Area Legal Description and Plat Map

MICHAEL BAKER INTERNATIONAL May 18, 2023
75-410 Gerald Ford Drive, Suite 100 180138
Palm Desert, CA 92211

EXHIBIT “A”
LAFCO 2023-___-___

REORGANIZATION TO INCLUDE ANNEXATION TO THE CITY OF BEAUMONT AND

DETACHMENT FROM THE CITY OF CALIMESA
All of Parcel B of Lot Line Adjustment No. LLA 07-03 recorded as Instrument No. 2008- 0054736 of Official Records in the Office of the County Recorder of said Riverside County; Together with that portion of Section 31 and Section 32, Township 2 South, Range 1 West, San Bernardino Meridian, in the City of Calimesa, County of Riverside, State of California, described as follows:

BEGINNING at the center corner of said Section 31;
Course 1 Thence South 89°37'21" East 848.57 feet to the beginning of a tangent curve concave northerly and having a radius of 956.00 feet; Course 2 Thence along said curve easterly 10.62 feet through a central angle of 00°38'11";
Course 3 Thence tangent from said curve North 89°44'28" East 798.92 feet to the beginning of a tangent curve concave southerly and having a radius of 1153.00 feet;
Course 4 Thence along said curve easterly 284.05 feet through a central angle of 14°06'54";
Course 5 Thence tangent from said curve South 76°08'38" East 181.14 feet to the beginning of a tangent curve concave northwesterly and having a radius of 691.00 feet;
Course 6 Thence along said curve easterly 586.62 feet through a central angle of 48°38’27” to the westerly line of said Parcel “B” of said Lot Line Adjustment; Course 7 Thence along the westerly line of said Parcel “B” North 02°05’13” East 196.51 feet;

EXHIBIT “A”
LAFCO 2023-___-___

Course 8 Thence along the southwesterly line of said Parcel “B” North 49°19’25” West 105.80 feet to the east line of Section 31;
Course 9 Thence northerly along said east line of Section 31 North 02°05’13” East

98.92 feet to the centerline of Desert Lawn Drive as shown on Tract No. 36955 per map recorded in Book 455, Pages 94 through 98, inclusive, of Maps in the Office of said Riverside County Records, point being the beginning of a non-tangent curve southwesterly and having a radius of 9877.00 feet, a radial line of said curve from said point bears South 39°53'37" West;
Course 10 Thence along said centerline and along said curve southeasterly 206.24 feet through a central angle of 01°11'47";
Course 11 Thence tangent from said curve, continuing along said centerline South 48°54'36" East 173.95 feet to the northerly line of Lot ‘A’ (Champions Drive) as shown on Tract No. 30748-1 per map recorded in Book 358, Pages 19 through 25, inclusive of Maps in the Office of said Riverside County Recorder;
Course 12 Thence South 46°11'53" West 129.63 feet to the beginning of a tangent curve concave northwesterly and having a radius of 750.00 feet; Course 13 Thence along said curve westerly 786.39 feet through a central angle of 60°04'33";
Course 14 Thence tangent from said curve North 73°43'34" West 103.19 feet to the beginning of a tangent curve concave southerly and having a radius of 1100.00 feet;
Course 15 Thence along said curve westerly 305.18 feet through a central angle of 15°53'45";

EXHIBIT “A”
LAFCO 2023-___-___

Course 16 Thence tangent from said curve North 89°37’21” West 1671.08 feet to the westerly line of the southeast quarter of said Section 31; Course 17 Thence northerly along said westerly line North 00°38’23” East 44.00 feet to the POINT OF BEGINNING.

CONTAINS: 4.260 Acres, more or less.

SUBJECT TO all Covenants, Rights, Rights-of-Way, and easements of record EXHIBIT “B” plat attached hereto and by this reference made a part hereof.

This description was prepared by me or under my direction. 05/18/2023
Christopher Alberts, P.L.S. 8508 Date:

For Review Only

For Review Only

ATTACHMENT 15D

PROPOSED PLAN OF SERVICE

PLAN OF SERVICES

CHAMPIONS DRIVE REALIGNMENT

BETWEEN

CITY OF BEAUMONT AND CITY OF CALIMESA
The following Plan of Services is prepared pursuant to the Cortese-Knox-Hertzberg Local Government Reorganiza�on Act of 2000, Part 3, Chapter 1, Sec�on 56653.

DESCRIPTION OF PROJECT
This Annexa�on applica�on is submited to Riverside LAFCO to adjust the Beaumont/Calimesa City boundary line on Champions Drive from Desert Lawn Drive to approximately 3200 feet to the west. The area to be annexed is the northerly half-street right of way of Champions Drive, a por�on of Desert Lawn Drive and Parcel B totaling approximately 4.6 acres (see Legal and Plat).

Champions Drive is currently split between the ci�es of Beaumont and Calimesa. The city boundary line is runs through the medians on Champions Drive. Upon the comple�on of the annexa�on, the city of Beaumont boundary will be moved northerly along Champions Drive approximately 50 feet, encompass Parcel B and extend Desert Lawn Drive approximately 100 feet to the east. to the exis�ng CalTrans Rightof-Way.

This por�on of the Champions Drive was constructed as part of development within the City of Beaumont. The boundary between the ci�es of Beaumont and Calimesa runs the centerline of Champions Drive through the medians now constructed. The ci�es of Beaumont and Calimesa concur with processing this annexa�on so the iden�fied por�on of Champions Drive will be en�rely within the City of Beaumont.

Upon the comple�on of the Annexa�on the General Plan designa�on ascribed to the subject property will be Single Family Residen�al, and the exis�ng zoning will be Specific Plan (Fairway Canyon), the same as the other half of the street of which it is a part, and therefore, no pre-zoning is necessary as Champions Drive will all have the same designa�on.

All exis�ng services provided by the City of Beaumont that are applicable to the exis�ng Fairway Canyon Specific Plan will be extended to the annexa�on area which include Police Services for traffic enforcement, Fire Services for emergency response and Sewer lines that exist in the street right of way, street Storm Drain System for flood control, Solid Waste Disposal Service generally applicable across the city, and Street Light Maintenance. Each of these services is discussed below in terms of level and �ming, financing, and any plans for improvement or upgrading.

POLICE SERVICES
Descrip�on, Level. and Timing of Services
The City of Beaumont (via the Beaumont Police Department) currently has jurisdic�on for police service to property within the City. The responsible substa�on is located within the Fairway Canyon Specific Plan with the Police Department headquarters located at 660 Orange Avenue, Beaumont.

Upon annexa�on, the City of Beaumont Police Department will con�nue to have jurisdic�on for patrol and emergency response to the annexa�on area which will consist of the en�re Champions Drive Rightof-Way.

Plans for Improvement or Upgrading of Services There are no plans to upgrade the service.

Financing of Services
There is no addi�onal expense to provide service to the annexa�on area as these services are already being provided.

FIRE SERVICES
Descrip�on, Level, and Timing of Services
The City of Beaumont is currently responsible for Fire services to the incorporated boundaries of the City of Beaumont. Upon annexa�on, the City of Beaumont’s Fire Department will have jurisdic�on for the providing Fire services to the en�re right-of-way. The first responding sta�on will be Fire Sta�on No. 66 located at 628 Maple Avenue, Beaumont.

Plans for Improvement or Upgrading of Services· The City of Beaumont is currently construc�ng a new fire sta�on, Sta�on 106 located on Potrero Boulevard south of Oak Valley Parkway. Upon comple�on of Fire Sta�on 106, it would become the first responding sta�on to the loca�on.

Financing of Services
There is no addi�onal expense to provide service to the annexa�on area as these services are already being provided.

WATER AND SEWER SERVICES
Descrip�on, Level, and Timing of Services
Beaumont Cherry Valley Water District is currently responsible for providing water to the medians. There will be no change to this service as a result of the annexa�on.

The City of Beaumont provides sewer service to this area. Upon annexa�on, the City of Beaumont will be responsible for providing sewer services to this property if it is needed. The need for addi�onal water service or wastewater/sewerage service is not an�cipated as the area being annexed is already developed as a public road with medians.

Plans for Improvement or Upgrading of Services There are no plans to upgrade the service.

Financing of Services
There is no addi�onal expense to provide service to the annexa�on area as the City of Beaumont is already providing the services.

SOLID WASTE DISPOSAL
Descrip�on, Level, and Timing of Services

Solid waste services are generally provided across the City by Waste Management of the Inland Empire.

Although this annexa�on will not generate demand or need for addi�onal coverage by this company, the annexa�on area would generally be within the boundaries of the service area of this purveyor.

Plans for Improvement or Upgrading of Services There are no plans to upgrade the service.

Financing of Services
There are no expenses related to Waste Management service to the annexa�on area.

STREET LIGHTS AND MAINTENANCE
Descrip�on, Level, and Timing of Services
This property includes medians on Champions Drive. The annexa�on area is part of an exis�ng mostly developed area within the City of Beaumont. Therefore, the property will be assessed a fee for the maintenance of city wide street light system as a part of the exis�ng improvement area upon annexa�on.

Plans for Improvement or Upgrading of Services
The improvements are constructed and there are no plans for improvement or upgrade of the medians or roadways.

Financing of Services
Upon annexa�on, the property will be a part of the exis�ng City of Beaumont Improvement Area 17A which generates fee based revenue for the maintenance of the city's street lights and landscaping.

FLOOD CONTROL
Descrip�on, Level, and Timing of Services
The property currently drains into the exis�ng City of Beaumont facili�es which is sufficient for exis�ng development and does not need any upgrade as a result of the· annexa�on into the City of Beaumont.

Plans for Improvement or Upgrading of Services
There are no plans to upgrade the service.

Financing of Services
There is no addi�onal expense to provide service to the annexa�on area.

SPECIAL ASSESSMENTS AND GENERAL OBLIGATION BONDS
The property will become part of Improvement Area 17A.

The proposed area of detachment/annexa�on is an exis�ng street with improvements which serves as the boundary between the Ci�es of Calimesa and Beaumont. The adjacent area lies within the City of Beaumont Boundary. The parcels currently receive all requisite u�lity service. The proposed ac�on makes no demand in change of service.

This Plan of Service is agreed upon and accepted by:
____________________________ ___________________________ City of Beaumont Date
____________________________ ___________________________ City of Calimesa Date

ATTACHMENT 15E

PUBLIC HEARING NOTICE

Publish Date: December 8, 2023
Darlene Gerdes, City Clerk

CITY OF CALIMESA

NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on December 18, 2023 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the City Council of the City of Calimesa will hold a public hearing (in person) to the following actions:

GENERAL PLAN AMENDMENT 23-03 (GPA 23-03) is a minor amendment to the General Plan Land Use map (and other related graphics) to adjust the city boundary between the cities of Calimesa and Beaumont along Champions Drive. The area to be detached from the City of Calimesa is the northerly half-street right of way of Champions Drive, a portion of Desert Lawn Drive and Parcel B, totaling approximately 4.6 acres. The purpose and intent of this GPA is to assist with long term maintenance of the existing raised median, landscape/irrigation, and parkway monumentation (tower/fountain feature).

Complete copies of the General Plan Amendment are available for public review by appointment at the City Clerk’s Office, City of Calimesa, 908 Park Avenue, Calimesa, California 92320.

NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on Monday, December 18, 2023.

PLEASE NOTE that pursuant to Government Code Section 65090, if you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this Notice or in written correspondence delivered to the City Clerk of the City of Calimesa prior to or at the public hearing.

Publish Date: December 8, 2023
Darlene Gerdes, City Clerk
Champions Drive
Calimesa General Plan Map
Property to be detached
from Calimesa and
annexed into Beaumont
(highlighted)

ATTACHMENT 15F
PLANNING COMMISSION RESOLUTION 2023-11
RECOMMENDING APPROVAL OF GPA 23-03

City Council Meeting
Agenda Report
Agenda Item No. 16
SUBJECT: TYPE– I STRUCTURAL FIRE PUMPER PURCHASE/REPLACEMENT

FOR CALIMESA FIRE DEPARTMENT AND WAIVER OF FORMAL

BIDDING IN CONNECTION THEREWITH
MEETING DATE: DECEMBER 16, 2023
PREPARED BY: Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council:

1. Approve the issuance of a purchase order to the Sutphen Corporation in the amount of $925,801 for the purchase of a 2023 Sutphen Monarch G2 Pumper HS – 7665 Demo 547.

2. Adopt Resolution 2023-79 a Resolution of the City of Calimesa waiving formal bidding and minimum bid requirements as provided by the City’s Municipal Code in connection with the purchase of an aerial ladder truck for the City of Calimesa Fire Department.

BACKGROUND: The City of Calimesa Fire Department was formed effective January 1, 2018.

Upon the formation of the fire department, the city previously possessed (1) one, Type I Fire apparatus which was equipped with a complement of equipment which includes a water tank, fire pump, fire hose, and ground ladders. The 2003 SMEAL Type -1 Pumper, Identifier Calimesa Engine - 2, was left behind by the former service provider, (Riverside County) and the second, identifier, Calimesa Engine -1, a 2017 E-ONE Type -1 Pumper, was purchased as a “Demo” in a similar manner, as is being requested to procure a new “Type – I Structural Fire “Pumper.” DISCUSSION: The City’s transition to its own “in-house” department included an expansive existing apparatus and equipment inventory, which was supplemented with the procurement of a variety of additional equipment and vehicles. The original allocation and vision related to the described equipment, previously considered the demographic and community complexion as it related to architecture and design of the residential and commercial buildings within the community, and the specification and age of the inherited apparatus fleet, associated equipment, and all relevant legal statutes, mandates and guidelines as related to providing and maintaining industry standard fire and life safety services.

The service life for front line “first roll,’ fire apparatus has been recommended to be limited to (10) years, providing said apparatus meets National Fire Protection Agency (NFPA), Department of Transportation (DOT/DMV,) service specification/maintenance requirements. NFPA guidelines recommend after ten (10) years, front line apparatus may be selected to be placed into a “reserve,” status if the apparatus is determined to be mechanically sound for up to an additional Twenty (20) years.

The 2003 SMEAL Type-1 fire engine to be replaced was placed in-service as a frontline engine until 2018. It is currently in-service as a second roll “back – up,” to Calimesa Engine One, and is however the primary apparatus to be dispatched out of the city for “Mutual – Aid,” strike team assignments throughout the Riverside County Operational Area and State. The apparatus has been in a continual state of mechanical decline to include damage to the power plant (engine), broken motor mounts, damage to steering components, various electronic systems issues, body component failure (window and door components) and failure to maintain the required static pressure to maintain NFPA fire pump certification specification, due to vacuum leaks, just to name a few. The 2003 SMEAL failed annual pump testing during the previous two calendar years. Many of the Original Equipment Manufacturer (OEM) parts needed for many of the required repairs are unavailable and are becoming obsolete or difficult to readily obtain. Staff has previously sought grant funding opportunities through the Air Quality Management District (AQMD) Moyer Grant. The city was not a successful candidate as it was learned during the application process the power plant (diesel engine) had been replaced by Riverside County in 2016, and therefore does not qualify to be considered or selected for replacement via this grant, even though this apparatus does not meet current emissions control requirements and is considered to be classified as a gross polluter. Staff recommends this unit be replaced and placed out of service as soon as practical.

Fire Department command staff has been in constant communication with various apparatus sales representatives and manufacturers in search of a suitable replacement apparatus, which meets the operational demands required of the City fire department. Staff was apprised of the opportunity to acquire this 2023 Sutphen Monarch G2 “Demo” pumper, which met or exceeded the technical specifications and operational needs required as a frontline fire pumper for use in Calimesa. This new apparatus will be available for immediate delivery by mid-December 2023.

The following technical specifications were considered appropriate to facilitate the acquisition of this unit and to include the following:
• Fire pump (2000 GPM minimum)
• Water Storage (750 gal)
• Equipment storage (commensurate w/ GVWR/design)
• Hose Storage (water supply - LDH / Attack Lines)
• Ground Ladders
• Fire / Life Safety Equipment
• Lead Time for delivery of Fire Apparatus. (Currently 36-48 months industry wide.)

The Calimesa Municipal Code (CMC) Section 3.15.130 authorizes the City Manager to make purchases up to $10,000 if three written bids are obtained. However, CMC Section 3.15.110, formal contract procedure, provides, among other requirements, that all purchases over $10,000 must be made pursuant to a formal bid process wherein there is a formal published notice soliciting sealed bids. The purchase of the Aerial Ladder Truck falls into this category.

Please note that CMC Section 3.15.050 provides that:
“The city council may also, by majority vote of its entire membership, dispense with such bidding and other procedures required by this chapter in any individual instance upon finding that it would be impracticable, useless or uneconomical in such instance to follow such procedures, and that the public welfare would be promoted by dispensing with same.”
Staff is recommending the formal bid process be waived for the Type -1 Pumper. The reasons for waiver of the formal bid process are as follows:

1. The Type -1 Pumper being considered for purchase is a demonstration (demo) vehicle.

Therefore, no two vehicles have exactly the same attributes. The main attributes of this apparatus are outlined in Exhibit C of this report.

2. Demo fire engines/ladder trucks are considerably less in price than brand new fire engines/trucks custom built to ultimate City specifications.

3. Lead time in taking delivery of this Type -1 Pumper is cut dramatically in as much as the apparatus is already being built and will be immediately available.

4. Reduced lead time provides appropriate time for specialty equipment to be installed.

5. The City Fire Chief and Members of the Fire Apparatus Committee have viewed or reviewed the specific needs and attributes of the specific apparatus being sought and have inspected similar models over that past several months.

The City’s Fire Chief examined several proposals/quotes from potential vendors which meet the specific requirements for use in the city and the ability to house said apparatus in existing facilities. Demo Fire Pumpers are in great demand. As such, there is typically a very limited window in which to commit to the purchase. This is currently the only “Demo” unit of its type being manufactured and available within the desired time constraints and available in the market with the desired specifications needed to be suitable for the City of Calimesa.

The recommendation to purchase from the Sutphen Corporation reflects consideration of price, availability, timing, follow-up service and overall, Type -1 Pumper features. Exhibit C reflects the recommendation from the Ad-Hoc Committee for purchase of a “Type-1” Pumper, Staff is requesting that the City Council waive formal bidding procedures and authorize the purchase of the recommended Sutphen Monarch G2 Pumper.” The bid from the recommended vendor, Sutphen, is valid through December 2023.

In addition, the related “additional items needed” listed on Exhibit D are provided to show the total estimated cost or funding options available associated with the purchase of thisType-1 Pumper.

Staff will return to council to obtain direction and/or authorization and funding for the following:
• Electronics/Communications radio equipment purchase/installation. • Purchase of required fire suppression/rescue related equipment. • Compartmentation modification/equipment mounting.
• Surplus options for retired apparatus. (E-2)
FISCAL IMPACT: The total estimated cost of the Sutphen Type-1 Pumper shall be $925,801.73.

ATTACHMENTS:

Attachment A: CMC Title 3, Chapter 3.15
Attachment B: Resolution 2023-79
Attachment C: Sutphen Apparatus Purchase Proposal
Attachment D: Fire Apparatus Funding options (for informational purposes)

ATTACHMENT 16A
CMC TITLE 3
CHAPTER 3.15

Chapter 3.15

SUPPLIES, SERVICES AND EQUIPMENT PURCHASE PROCEDURE
Sections:

3.15.010 Adoption of purchasing system.

3.15.020 Exemptions from centralized purchasing.

3.15.030 Estimates of requirements.

3.15.040 Requisitions.

3.15.050 Bidding.

3.15.060 Confidentiality of bids.

3.15.070 Award of contracts to local bidders.

3.15.080 Purchase orders.

3.15.090 Purchasing agreements with other agencies.

3.15.100 Encumbrance of funds.

3.15.110 Formal contract procedure.

3.15.120 Public works contract procedure.

3.15.130 Open market purchases.

3.15.140 Contracts for professional services.

3.15.150 Inspection and testing.

3.15.160 Surplus supplies and equipment.

3.15.170 Unlawful purchases.

3.15.010 Adoption of purchasing system.

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

3.15.020 Exemptions from centralized purchasing.

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

3.15.030 Estimates of requirements.

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

3.15.040 Requisitions.

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

3.15.050 Bidding.

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

3.15.060 Confidentiality of bids.

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

3.15.070 Award of contracts to local bidders.

A “local bidder” shall mean a firm or individual who, for at least 12 consecutive months, has regularly maintained a place of business in, or maintained an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to, the city. With respect to those bids relating to the purchase of items subject to state sales tax, the term “lowest responsible bidder” shall be deemed to include a one percent discount for local vendors in the computation of bids in order to reflect the financial advantages that accrue to the city by the award of a bid to a local vendor. The city shall also consider the cost to the city to pick up supplies and equipment at some distance from the city, to obtain parts and supplies, and to transport such items for repair and maintenance in the computations used to award contracts. [Ord. 99-2 § 1; Code 1990 § 2.9.07.]

3.15.080 Purchase orders.

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

3.15.090 Purchasing agreements with other agencies.

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

3.15.100 Encumbrance of funds.

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

3.15.110 Formal contract procedure.

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

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

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

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

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

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

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

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

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

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

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

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

3.15.120 Public works contract procedure.

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

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

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

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

3. Street or sewer work except maintenance or repair;

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

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

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

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

E. Performance of Project After Rejection of Bids. After rejecting bids, the city council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the material or supplies furnished at a lower price in the open market. Upon the adoption of such a resolution, the city council may direct the city manager to have the project completed in the manner stated with no further compliance with this section.

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

1. Cash.

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

3. A certified check made payable to the city.

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

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

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

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

3.15.130 Open market purchases.

Purchase of supplies and equipment of an estimated value of less than $10,000, not subject to the conditions specified in CMC 3.15.120, may be made by the city manager in accordance with the procedures set forth in this section, without compliance with the formal contract procedure set forth in CMC

3.15.120. The purchasing department shall solicit competitive bids for all such purchases pursuant to the procedures described herein:

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

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

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

D. The competitive bidding procedures set forth in this section may be waived by the city manager in instances of valid emergencies or sole source, or when it is determined that the public interest would not be best served by competitive bidding. All such instances shall be fully recorded. [Ord. 99-2 § 1; Code 1990 § 2.9.13.]

3.15.140 Contracts for professional services.

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

A. Professional Services. In general, the term “professional services” shall mean professional contractual services performed by a member(s) of the profession. “Profession” shall include, but not be limited to, the

following: accountants, appraisers, architects, attorneys, computer consultants, economic and finance consultants, health and insurance consultants, engineers, land surveyors, geologists, inspectors, environmental consultants, marketing and media consultants, planners, construction management, and any other type of profession in which individuals or organizations possess a degree of professional, specialized, technical skill or expertise, not adaptable to competitive bidding, or any other service of a similar nature to the above engaged for a particular project or projects.

B. Process for Obtaining Proposals for Professional Service Contracts.

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

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

2. Professional service contracts for landscaping, private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be selected in accordance with the following procedures.
a. For contracts not anticipated to exceed $10,000, the city manager may select an individual or firm through the use of a request for proposal (“RFP”) or request for qualifications (“RFQ”) process, or may award the contract without a formal RFP or RFQ process. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and

contract requirements. If a formal RFP or RFQ process is not used, all such contracts shall be let based on a written proposal which shall include the scope of the services to be provided, and the fee schedule of the services.
b. Contracts which are anticipated to exceed $10,000 but which are not anticipated to exceed $50,000 may be awarded by the city council without a formal RFP and/or RFQ process, based on the particular requirements of the service to be provided and the experience and availability of the individual consultant(s). All such contracts for professional services which are anticipated to exceed $10,000 but not to exceed $50,000 shall be let by the city council based on a written proposal which shall include the scope of services to be provided and the fee schedule for services.
c. For contracts anticipated to exceed $50,000, the city council shall select an individual or firm following an RFP or RFQ process. The RFP or RFQ shall include a description of the project for which the services are to be required, the criteria upon which the award shall be made, the due date, statement of qualifications submission and contract requirements. d. Regardless of the size of the contract, the city manager shall issue a written announcement within the Southern California area through the publications of the respective professional societies or organizations. The city manager may also advertise to reach providers of services within the appropriate trade or profession by publishing the announcement in electronic communication media or Internet web sites that have demonstrated regional accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured, in a construction trade journal, or publicize the requirements for services in other appropriate publications. Failure of any professional society or construction trade journal to publish the announcement shall not invalidate any contract. The announcement shall include information describing the project or services, any applicable RFPs or RFQs, and the due date, time and location for submission of a proposal or statement of qualifications. The announcement may also identify the criteria upon which the award will be made.
e. In those situations where the selecting authority (city manager or city council) uses an RFP or RFQ process, the city manager shall also disseminate the RFP or RFQ to those individuals or firms who have previously requested copies of RFPs or RFQs issued by the city.

C. Criteria for Award of Contracts for Professional Services.

1. In the case of professional service contracts for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, the award of a contract shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. The selecting authority (city manager or city council) shall establish criteria which will comprise the basis for the selection of an individual or firm for each project, including such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm and/or subcontractors, location, fees and costs, or other considerations deemed relevant. The factors shall be weighted by the selecting authority according to the nature of the project, the needs of the city, and complexity and special requirements of the specific project. The selection process shall include procedures to facilitate participation by small business firms. As used herein, a “small business firm” is a firm certified in accordance with Government Code Section 14837

or its successor provisions. The city shall participate in outreach programs to provide small businesses with information on city contracting opportunities, and shall make other reasonable efforts to facilitate participation by small businesses in the city’s professional contractual services process.

2. In the case of all other types of professional service contracts, the selecting authority (city manager or city council) may use the criteria set forth in subsection (B)(1) of this section, or may use any other criteria applicable to the particular type of contract or project including the consultant’s experience, approach, availability and knowledge of the subject area.

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

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

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

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

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

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

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

3.15.150 Inspection and testing.

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

3.15.160 Surplus supplies and equipment.

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

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

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

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

3.15.170 Unlawful purchases.

If any person or department purchases or contracts for any supplies, materials, equipment, or services contrary to the provisions of this chapter, such purchase order or contract shall be void and of no effect.

The head of the department making such a purchase transaction shall be personally liable for the amount of such purchase order or contract, and, if already paid out of city funds, the amount thereof may be recovered in the name of the city in an appropriate action therefor. It is unlawful for any department to split its requirements for supplies, material, equipment or services to willfully evade any requirement of this chapter. [Ord. 99-2 § 1; Code 1990 § 2.9.17.]
Mobile Version

ATTACHMENT 16B
RESOLUTION NO. 2023-79

RESOLUTION 2023-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA CALIFORNIA, WAIVING FORMAL BIDDING
REQUIREMENTS AS PROVIDED BY THE CITY’S MUNICIPAL
CODE IN CONNECTION WITH THE PURCHASE OF A TYPE -1

STRUCTURAL FIRE PUMPER FOR THE CITY OF CALIMESA

FIRE DEPARTMENT
WHEREAS, in order to address increasing costs of fire services and to maintain the ongoing financial stability of the City, the City Council had deemed it necessary to establish an in-house fire department in 2018; and
WHEREAS, since that time, the City’s development has continually increased at a significant rate; and
WHEREAS, there are certain additional items, namely a Type -1 Structural Fire Pumper, that must be purchased in connection with the replacement of existing, aging fire apparatus.

WHEREAS, due to a variety of factors, as delineated in Section 1 below, it was determined that it was more practical, useful or economical to utilize informal bidding procedures rather than noticed public bidding procedures for these purchases and thus seek City Council approval to waive the formal bidding requirements and the minimum bid requirements as would normally be required by the Calimesa Municipal Code; and WHEREAS, the Fire Chief and Members of the Fire Apparatus Committee have presented sufficient facts to conclude that it would be impracticable, useless, or uneconomical to purchase the Type -1 Structural Fire Pumper and associated equipment by following formal bidding procedures, and that the public welfare would be promoted by dispensing with same.

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

Section 1: The City Council finds that the waiving of requirements for formal bidding for items of equipment or supplies valued at over $10,000.00 is warranted in connection with the purchase of a Type – 1 Structural Fire Pumper as listed on Exhibit C for the following reasons: (1) The Structural Fire Pumper being considered for purchase is a demonstration (demo) vehicle. Therefore, no two vehicles have exactly the same attributes; (2) Demo Pumpers are considerably less in price than brand new Fire Pumpers built to ultimate City specifications; (3) Lead time in taking delivery of the Fire Pumper is cut dramatically inasmuch as the Fire Pumper is already in production and this is key to the proposed and existing development of residential/commercial/industrial developments which exceed current work capacities for existing fire life safety services, (4) Reduced lead time provides appropriate time for specialty equipment to be installed; and (5) The City’s Fire Chief and Fire Apparatus Committee has test driven or operated similar apparatus.

Section 2: Based on the facts presented in the staff report accompanying this item and the findings contained in this Resolution, and pursuant to the authority contained in Section 3.15.050 of the Calimesa Municipal Code, the City Council finds it would be impractical, useless or uneconomical to purchase the ladder truck, as listed on Exhibit C, through formal bidding procedures, and that the public welfare would be promoted by dispensing with the same.

PASSED, APPROVED, and ADOPTED this 18
th
, day of December 2023.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

ATTACHMENT 16C

SUTPHEN APPARATUS PURCHASE PROPOSAL

ATTACHMENT 16D

FIRE APPARATUS FUNDING OPTIONS
(FOR INFORMATIONAL PURPOSES)

Proposal Date:

Equipment Description:

Commencement Date:

Equipment Cost:

Lessee Down Payment:

Amount Financed:

Lease Term:

First Payment Date:

Payment Frequency:

Interest Rate:

Payment Amount:

Qualifications:

Financing by: Leasing 2, Inc.

Contact: Rick Carney
Phone: 813-258-9888 x16
Email: [email protected]
Web: www.leasing2.com

5. Credit Approval and Documentation: This is a proposal only, and does not represent a commitment to lease. This financing is subject to credit review and approval and execution of mutually acceptable documentation, including the opinion of lessee's counsel opining that the agreement is legal, valid and binding, obligation of Lessee.

3. Financial Reporting: All city, county and tax districts (including fire districts) will be expected to provide GAAP audited financial reports. All nonfor profit corporations (vfd's) will be expected to provide IRS 990 federal tax returns. If you do not maintain these types of financial reports, please contact us to discuss.
b) Closing Costs: There will be no up-front costs of any kind charged by Lessor including closing costs, points, administrative costs, etc.

Your attorney may charge you to review the lease documents and complete the opinion letter required with our lease documentation.

4. Vendor Payable / Escrow Account (where applicable): In the event that the truck(s) and/or equipment are not ready to be delivered, proceeds of this lease will be held in a vendor payable account until delivery/acceptance. This is a non-interest bearing account to Lessee. a) Rate Expiration: Due to the current increasing rate markets, this proposal is valid under the following circumstances:
•The transaction is closed within 30 days off the Proposal Date. $925,801.73
1- Sutphen Monarch G2 Pumper
9 Years 10 Years
December 15, 2023
$925,801.73 $925,801.73 $925,801.73
November 21, 2023
$925,801.73 $925,801.73

LEASE FINANCING PROPOSAL
Republic Fire Equipment
Requested by
Presented To (As Lessee)
Scott Barratt
Representing
City of Calimesa, CA
Option 1 Option 2 Option 3
8 Years
Annual

5.82% 5.82% 5.82%
Annual

2. Type of Lease: This is a lease-purchase type of financing. After all the lease payments are made, Lessee will own the equipment without further cost.
$148,005.03 $135,053.27 $124,719.68
12/15/2024
Annual
12/15/2024 12/15/2024
c) Fixed Rates: Rates for ten (10) years and under are fixed for the entire term. Terms over ten years have a one time rate adjustment after ten (10) years to the then current interest rates for the remaining term.

1. Pricing: This is a lease proposal for the payment stream(s) indicated above. If any of the information identified above are not correct, please advise us so that we can determine if a new proposal is required. Other important elements of this proposal are:

REQUEST TO PROCEED:

Proposal date: Option Chosen: _________ (where applicable) Upcoming Governing Body meeting date for lease approval: ____________________________________

Name of Lessee
_____________________________________ ____________________________ ____________________________ Authorized Signature Date Title
_____________________________________ _____________________________ Printed Name Of Authorized Signature Last month of your budget year? _____________________________________ ____________________________ ____________________________ Contact Name Contact Phone Contact Email
(If Different ThanAuthorized Signature)
_____________________________________ ____________________________ ____________________________ Financial Contact Name Contact Phone Contact Email
(Can be Treasurer or Clerk)
Are you ready to move forward with Leasing 2?
Here is a quick overview on our process

1. Signed Proposal - When you are ready to move forward with Leasing 2, email a scan of the completed and signed proposal back to Leasing 2.

2. Credit Application - A credit application and request for current financial reports will be emailed to the designated contacts upon receipt of the signed proposal. The credit application should be completed and returned promptly to protect your quoted interest rates. Credit approval usually comes within a few days receipt of the completed credit application.

3. Financing Agreement - Once credit approval is accomplished, the financing agreement will be emailed for review and signature. Once the contracts are signed and returned, we are ready for closing. ** Important: A Resolution will be required with the lease contract ** In the event that you require board action to sign this proposal, please call us so that we may forward the preferred form for the meeting.

November 21, 2023
City of Calimesa, CA
Please complete the above information and fax or email all pages of the proposal to 813-258-9333 / [email protected]
When you are ready to proceed with Leasing 2 towards finalizing this lease financing arrangement, please indicate so by signing below and completing the requested information. We will immediately email you our application. Thank you for your confidence and consideration.

Phone: 888.777.7850
Fax: 888.777.7875
Cell: 785.313.3154
www.clpusa.net
Customer Name:

Sales Representative:
•
•
•
Blake J. Kaus
Vice President & Director of Leasing
[email protected]
A Division of Community First National Bank - Member FDIC THERE ARE NO DOCUMENTATION OR CLOSING FEES ASSOCIATED WITH THIS PROPOSAL.

This proposal has been prepared assuming the lessee is bank qualified and that the proposed lease qualifies for Federal Income Tax Exempt Status for the Lessor under Section 103 of the IRS Code.

Thank you for allowing Community Leasing Partners the opportunity to provide this proposal. If you have any questions regarding the options presented, need additional options, or would like to proceed with a financing, please contact me at 1-888-777-7850.

Respectively,
The quoted interest rate is valid for 10-days from the date of the proposal. To lock in the interest rate, a credit submission would be required, and a credit approval attained within the same 10-day period. This financing is to be executed & funded within 30 days of the date of the proposal or Lessor reserves the right to adjust the interest rate. The proposal is subject to credit review and approval and mutually acceptable documentation.

November 21, 2023
Interest Rate:

Option 1
Calimesa, CA

0.142857

5.79% 5.76%
$121,850.65

0.00%
$ 925,801.73
Community Leasing Partners, a Division of Community First National Bank , is pleased to present the following financing options for your review and consideration.

Equipment:

Delivery:

One Sutphen Monarch G2 Pumper
Within 30 days
First Payment:
$132,257.39
Payment Frequency:

Amount Financed:
$ -
$ -
$ 925,801.73

0.231650 0.174328 0.131616

5.72%
5 $214,462.22
Factor:
7 215 S. Seth Child Road
Manhattan, KS 66502
August 1, 2024
Annual
7 $161,392.82
Term in Years:

Payment:
10 Total Cost:

Down Payment:

Prepayment Discount:

Scott Barratt - Republic Fire Equipment

November 21, 2023
To: Scott Barratt
Vendor: Republic Fire Equipment
From: Angie Deming
Customer: City of Calimesa
Thanks for the opportunity to give you a quote on your latest project! Equipment:

Unit Cost: $ 925,801.73
Down Payment: $ 0.00
Net Financed: $ 925,801.73
Frequency of Payments: Annual
Term in Years: 5 7 10 ephanie Kovale
Payments: $ 218,493.30 $ 164,153.60 $ 123,687.04
Factor: 0.23600 0.17731 0.13360
APR: 5.75% 5.69% 5.63%
Estimated Closing Date: December, 2023
Delivery Date: Immediate
First Lease Payment Due: December, 2024
* This is a proposal only and not a commitment to finance. This proposal is subject to credit review and approval *
* Lessee’s total amount of tax exempt debt to be issued in this calendar year will not exceed the $10,000,000 limit. *
Sincerely,
Republic First National Corporation
Angie Deming
[email protected]
“Our Experts, Your Needs, Financing Done Right”
This transaction must be designated as tax-exempt under Section 103 of the Internal Revenue Code of 1986 as amended.
2525 West State Road 114
Rochester, IN 46975
(800) 700-7878
Fax: (800) 865-8517
www.republicfirstnational.com
and proper execution of mutually acceptable documentation.

Payments and rates reflect pre-application of escrow earnings and manufacturer discounts, if any.

One (1) Sutphen Monarch G2 Pumper

City Council Meeting
Agenda Report
Agenda Item No. 17
SUBJECT: RESOLUTION NO. 2023-80 APPROVING AMENDMENT NO. 1 TO CITY MANAGER’S EMPLOYMENT AGREEMENT TO PROVIDE A
5% MERIT ADJUSTMENT AND AMEND OTHER TERMS AND

BENEFITS
MEETING DATE: December 18, 2023
PREPARED BY: Quinn M. Barrow, City Attorney
RECOMMENDATION: The City Attorney recommends that the City Council adopt Resolution No. 2023-80 amending the City Manager’s employment agreement to provide a 5% merit adjustment to his base salary and amend other terms and benefits.
.

BACKGROUND: The City Council hired Will Kolbow as City Manager on November 7, 2022. His employment agreement (Employment Agreement) provides that, after a performance evaluation process, the City Council may consider merit adjustments commensurate with the City Manager’s performance. The City Council performed performance evaluations of the City Manager this fall.

DISCUSSION: Based upon the performance evaluations, the City Council has directed the City Attorney to draft an amendment to the Agreement providing for a five percent merit increase to increase his salary from $224,000 to $235,200 and amend other terms and benefits such as notice of non-renewal, severance pay for termination without cause, termination within 90 days of a Council election, sick leave conversion, and cell phone allowance. The draft amendment is attached.

ATTACHMENTS:

Attachment A: Resolution 2023-80
Attachment B: Amendment No. 1
Attachment C: Redlined Employment Agreement

ATTACHMENT 17A
RESOLUTION NO. 2023-80

RESOLUTION NO. 2023-80

A RESOLUTION OF THE CALIMESA CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE CITY
MANAGER’S EMPLOYMENT AGREEMENT TO

INCREASE HIS ANNUAL SALARY AND AMEND

CERTAIN TERMS AND BENEFITS
RECITALS:

A. On November 7, 2020, the City Council of the City of Calimesa (“City”) and Will Kolbow (“City Manager”) entered into an employment agreement (“Employment Agreement”).

B. After conducting performance evaluations of the City Manager, the City Council desires to increase the City Manager’s base pay and amend other provisions and benefits in the Employment Agreement.

NOW THEREFORE, THE CALIMESA CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby approves Amendment No. 1 to the Employment Agreement between the City and City Manager.

SECTION 2. Pursuant to Gov. Code § 36506, the City Council hereby fixes the compensation of the City Manager in the amount set forth in Section 5 of the Employment Agreement, as amended by Amendment No. 1.

SECTION 3. The Mayor shall execute the Amendment on behalf of the City.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 18th day of December, 2023. _________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

ATTACHMENT 17B
AMENDMENT NO. 1 TO CITY MANAGER

AGREEMENT

1 AMENDMENT NUMBER 1 TO

CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF CALIMESA AND WILLIAM M. KOLBOW
The Employment Agreement (“Agreement”) by and between the City of Calimesa, California, a municipal corporation (“City” or “Employer”) and William M. Kolbow, an individual (“Employee”) made and entered into as of November 7, 2022, is hereby amended as provided in this Amendment No. 1 (“Amendment”). This Amendment No. 1 is dated December 18, 2023 for identification purposes:

RECITALS
A. The Parties previously entered into the Agreement, as cited above.

B. Employee was appointed City Manager effective November 28, 2022.

C. The Parties desire to amend certain provisions of the Agreement.

D. The City Council, exercising its discretion, desires to increase City Manager salary from his initial salary of $224,000 to $235,200, a 5.0% base salary adjustment, and amend certain terms and benefits.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:

Section 1. Effective with this Amendment, Section 3 (Term), Paragraph B, is amended to increase the notice of non-renewal from six (6) months to nine (9) months, and to read in its entirety as follows:
“B. Renewal Term: This Agreement will automatically renew year-to-year for additional one year renewal terms on the terms and conditions that are in force at the time of the renewal, unless either party gives the other party written notice of non-renewal at least nine (9) months prior to the end of the term of this Agreement (whether the initial term or a renewal term). The Agreement will continue to be subject to early termination, as provided in this Agreement.” Section 2. Effective with this Amendment, Section 4 (Termination and Severance Pay), Paragraph A, is amended to increase compensation period for termination without cause from six (6) months to nine (9) months and add a clause regarding termination without cause related to elections, and to read in its entirety as follows:
“A. Except as provided in Section 10, Paragraph A (termination for “cause”), in the event Employee is terminated by the City Council without “cause” before expiration of this Agreement, or any extension thereof, and during such time that Employee is willing and able to perform the duties of the City Manager, City agrees to pay Employee immediately upon termination a lump sum cash payment equal to his then monthly base salary for a period of nine (9) months. Notwithstanding anything above to the contrary, in no event may Employee be terminated without cause within ninety (90) days before or after any municipal election for the selection or recall of one or more members of the City Council.”

2 Section 3. Effective December 18, 2023, Section 5 (Salary) is amended to provide a 5.0% increase in base salary from $224,000 to $235,200 and to read in its entirety as follows:
“Salary
City agrees to pay Employee for his services rendered pursuant hereto an annual base salary per the following schedule, payable in installments at the same time as other employees of the City are paid: $235,200 annually. The City will review Employee’s salary annually, and City may, but is not required to grant future salary increases. One of the factors the City Council may consider in its review of Employee’s salary is the Median Salary Range of the most current Inland Empire City Manager’s Salary Survey.” Section 4. Effective with this Amendment, Section 8 (Other Employee Benefits) Paragraphs A and E, are amended due to Internal Revenue Service rules related to constructive receipt for leave benefits, and to read in their entirety as follows:
“A. Sick Leave: Employee shall accrue 96 hours of sick leave annually. There shall be no cap on the number of hours which the Employee may accumulate. Pursuant to City policy, Employee may not sell back unused sick leave while employed, but conversion to additional retirement service credit for all unused sick leave is available at retirement, per the applicable Public Employee Retirement System (PERS) benefit terms and requirements.” “E. At termination, for any reason, the Employee shall be entitled to one hundred (100%) percent of all unused sick leave and vacation leave, and the unused balance of that year’s administrative leave. Payment for said leave shall be made at the rate of pay in place at time of termination. For termination for any reason other than retirement, payment for unused sick leave shall be in cash except that Employee shall not be entitled to payment for unused sick leave in the event of termination for cause, as provided under Section 10, Paragraph A. For termination due to retirement, sick leave shall be converted to additional retirement service credit as provided under Section 8, Paragraph A.”
Section 5. Effective January 1, 2024, Section 8 (Other Employee Benefits) Paragraph O, is amended to provide a $50 per month increase in cell phone stipend, going from $50 per month to $100 per month, and to read in its entirety as follows:
“O. City agrees to provide Employee with a computer, software, and fax/modem at his office work site, and offered a cell phone for the Employee to perform the job and to maintain communication. Employee has declined a City provided cell phone and will be paid $100 per month in-lieu.”
Section 6. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed and executed personally or on its behalf by its duly authorized representative. ___________________________
William Davis, Mayor

3 City of Calimesa, California

APPROVED AS TO FORM

AND LEGAL CONTENT
___________________________
Quinn Barrow, City Attorney

EMPLOYEE
___________________________
William M. Kolbow

ATTEST
___________________________
Darlene Gerdes, City Clerk

ATTACHMENT 17C

REDLINED VERSION OF

EMPLOYMENT AGREEMENT

1 EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF CALIMESA AND
WILLIAM M. KOLBOW
THIS AGREEMENT, made and entered into November 7, 2022 and effective November 28, 2022, by and between the City of Calimesa, California, a municipal corporation (hereinafter called “City” or “Employer”) and William M. Kolbow, an individual (hereinafter called “Employee”):

RECITALS
A. City desires to employ Employee as City Manager and Employee desires to accept appointment as City Manager.

B. Employee represents that he has the necessary qualifications and licenses required in the performance of his duties and responsibilities pursuant to this Agreement, and that any such licenses will be maintained in effect and good standing during the course of this Agreement
C.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

Section 1. Employment
The City hereby agrees to employ Employee, and Employee agrees and does accept employment upon the terms and conditions set forth herein.

Section 2. Duties and Obligations of City Manager
A. Employee hereby agrees to perform the functions and duties of City Manager in an efficient, competent and ethical manner. Such functions include, but are not limited to, the following:
(1) Employee shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City. (2) Employee shall perform all of the duties of the City Manager as set forth in Chapter

2.05 of the Calimesa Municipal Code, the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. In addition to the powers and duties expressly set forth and incorporated herein, Employee shall have such powers and duties which are delegated to him by the City Council. Employee shall execute all of the powers and duties in accordance with the policies adopted by the City Council and applicable state and federal laws.
(3) At the option of City, Employee shall serve as the Executive Director, an officer or a governing body member of any authority or agency created by or staffed by City.

2 (4) Pursuant to the Bylaws of the Calimesa Public Finance Authority, the City Manager is automatically the Executive Director of the Calimesa Public Finance Authority, and Employee shall perform the duties of that position. (5) Employee shall administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement City Council policies.
(6) Employee shall attend all meetings of the City Council, unless excused by the Mayor, and take part in the discussion of all matters before the City Council. (7) Employee shall direct the work of all City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. Employee shall endeavor to implement changes that Employee believes will result in greater efficiency, economy, or improved public service in the administration of City affairs. (8) Employee shall recommend to the City Council from time to time, adoption of such measures as Employee may deem necessary or expedient for the health, safety, or welfare of the community or for the improvement of administrative services. (9) Employee shall develop and recommend to the City Council long-range plans to improve City operations and prepare for future City growth and development. (10) Employee shall provide management training and develop leadership qualities among department heads and staff as necessary to build a City management team that can plan for and meet future challenges.
(11) Employee shall exercise control of City Government in emergencies as authorized by the Municipal Code and California law.

B. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without prior consent of the Council, except that:
(1) The expenditure of reasonable amounts of time not in conflict with the City’s needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. (2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement.

C. Employee shall be vigilant in avoiding conflicts of interest and the appearance of conflicts of interest as follows:
(1) Employee shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or that tend to impair independence of judgment

3 or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political relationships or close business, personal or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by Employee’s active engagement for the City, providing such acts do not constitute a conflict of interest as defined herein.
(2) Employee shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to Employee’s City position.
(3) Employee is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from his position.

D. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use.

Section 3. Term
A. Initial Term: The initial term of this Agreement shall be for three years, effective on November 28, 2022 and ending November 27, 2025, unless sooner terminated as provided in this Agreement. Provided, however, that this Agreement will not become effective unless Employee actually assumes the duties of City Manager on November 28, 2022, or on such later date as the parties may mutually agree in writing.

Regardless of Employee’s start date, the initial term will end on November 27, 2025.

B. Renewal Term: This Agreement will automatically renew year-to-year for additional one year renewal terms on the terms and conditions that are in force at the time of the renewal, unless either party gives the other party written notice of non-renewal at least six (6)nine (9) months prior to the end of the term of this Agreement (whether the initial term or a renewal term). The Agreement will continue to be subject to early termination, as provided in this Agreement.

C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the employee to resign/retire at any time from his position with City, subject only to the provision set forth in Section 4, Paragraph C, of this Agreement.

Section 4. Termination and Severance Pay
A. Except as provided in Section 10, Paragraph A (termination for “cause”), in the event Employee is terminated by the City Council without “cause” before expiration of this Agreement, or any extension thereof, and during such time that Employee is willing and able to perform the duties of the City Manager, City agrees to pay Employee immediately upon termination a lump sum cash payment equal to his then monthly base salary for a period of six (6)nine (9) months. Notwithstanding anything above to the contrary, in no event may Employee be terminated without cause within ninety (90) days before or after any municipal election for the selection or recall of one or more members of the City Council.

4 B. Any other term of this Agreement notwithstanding, the maximum severance that Employee may receive under this Agreement shall not exceed the limitations provided in Government Code Sections 53260 – 53264, or other applicable law. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse City for any paid leave salary offered pending investigation or cash settlement (including severance), as provided by Government Code Sections 53243 – 53243.4. This shall not include payments for accrued leave as provided for in Section 8E of this agreement.

C. If Employee wishes to terminate this Agreement, he shall provide City with at least 30 days prior notice in the form of a written resignation.

Section 5. Salary
City agrees to pay Employee for his services rendered pursuant hereto an annual base salary per the following schedule, payable in installments at the same time as other employees of the City are paid: effective December 18, 2023with assumption of duties pursuant to Section 3A - $224,000 $235,200 annually. The City will review Employee’s salary annually, and City may, but is not required to grant future salary increases. One of the factors the City Council may consider in its review of Employee’s salary is the Median Salary Range of the most current Inland Empire City Manager’s Salary Survey.

Section 6. Professional Development
City hereby agrees to budget and to pay the travel and subsistence expense of Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official functions of City, including, but not limited to International City Management Association and League of California Cities.

Employee is expected and encouraged to participate in professional organizations and to attend Area, Regional, State, and occasionally National meetings and conferences relative to matters of interest to the City of Calimesa, consistent with the time required for such attendance in relationship to his other City responsibilities.

City agrees to budget and pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in such organizations, and consistent with applicable City policies, pay for all reasonable and budgeted expenses referred to in the paragraph above, up to a maximum of $2,000.00 per year. Employee shall not incur dues and subscription expenses in excess of the budgeted amount of $2,000.00 per year without first securing the approval of City Council.

Section 7. Other Terms and Conditions of Employment
A. The City Council, in consultation with the City Manager shall fix any such other terms and conditions of employment, as it may determine from time-to-time, relating to the performance of the Employee, provided such terms and conditions are in writing and not inconsistent with or in conflict with the provisions of this Agreement the Municipal Code, or any other law.

B. Evaluation of Performance: Employee’s performance of the duties and responsibilities shall be evaluated by the City Council within six months of the starting date of employment; thereafter, the City Council may conduct an evaluation of Employee's performance on or before the one year anniversary of the first evaluation. Employee will request and schedule such reviews, as

5 appropriate, pursuant to City Council agenda procedures or as otherwise directed by City Council. In addition, the City Council may, but is not required to, review Employee's salary and benefits as part of the evaluation process or at any other time. Said review and evaluation shall be in accordance with specific criteria developed jointly by City and Employee. Said criteria may be added to or deleted from as the City Council may from time-to-time determine in consultation with the Employee. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation in closed session with the City Council. Nothing in this paragraph is intended to limit additional interim evaluations or reviews or to limit the normal communications process between the City Council and Employee.

C. In effecting the provisions of this Section, the City and Employee hereby mutually agree to abide by the provisions of the applicable laws.

D. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the City, and to that end Employee shall be allowed to establish an appropriate work schedule.

Section 8. Other Employee Benefits
A. Sick Leave: Employee shall accrue 96 hours of sick leave annually. There shall be no cap on the number of hours which the Employee may accumulate. Pursuant to City policy, Employee may not sell back unused sick leave while employed, but conversion to additional retirement service credit for all unused sick leave is available at retirement, per the applicable Public Employee Retirement System (PERS) benefit terms and requirements. and to the extent Employee does not elect the cash conversion provided below.

B. Vacation Leave: Employee shall accrue 160 hours of vacation annually. There shall be no cap on the number of hours which the Employee may accumulate.

C. Administrative Leave: Employee shall accrue in July of each year 80 hours of administrative leave. Time must be used within the fiscal year in which it is accrued. Any unused administrative leave shall not be carried over.

D. Holidays: Employee shall be entitled to paid holiday time annually as other employees.

E. At termination, for any reason, the Employee shall be entitled to one hundred (100%) percent of all unused sick leave and vacation leave, and the unused balance of that year’s administrative leave. Payment for said leave shall be made at the rate of pay in place at time of termination. For termination for any reason other than retirement, Ppayment for unused sick leave shall be at Employee’s electionin cash except that Employee shall not be entitled to payment for unused sick leave in the event of termination for cause, as provided under Section 10, Paragraph A, or conversion to additional retirement service credit, under Section 8, Paragraph A. For termination due to retirement, sick leave shall be converted to additional retirement service credit as provided under Section 8, Paragraph A.

6 F. Bereavement Leave: Employee shall receive an annual allocation of 30 hours that does not accrue.

G. Vehicle. Employee shall be given exclusive, reasonable use of a City-owned automobile for his own use and for City-related business during, before, and after normal business hours and subject to the City’s vehicle use policy. The City shall provide fuel, insurance, maintenance and repair for the vehicle.

H. Health Insurance. City agrees to pay the current medical stipend afforded all other City employees. Employee shall have the option to deposit all of part of the value of the monthly stipend towards Employee 457 Deferred Compensation Plan in accordance with City policies, plan documents and legal requirements.

I. Life Insurance: In accordance with the City’s established policy relative to Life Insurance coverage for management employees, City shall obtain and pay for a life insurance policy on Employee in an amount equal to his annual salary or the maximum amount allowed by the City’s current Plan, if less than current annual salary.

J. Disability: Employee shall receive long-term disability insurance on the same terms and conditions as this benefit is made available to regular City employees.

K. Management Incentive: City shall provide Employee with a six and one half percent (6.5%) management incentive, payable on a bi-weekly basis, which may at the election of the Employee be contributed to any of the City’s 457 Deferred Compensation Plans or taken in cash as compensation. Employee may add his own funds to it, up to the maximum allowable under law. Management Incentive pay is compensation granted to Employee based upon the unique nature of the job. This compensation is for duties performed during normal working hours. All amounts payable under this provision are not reportable to PERS pursuant to applicable law and regulations.

L. Retirement:
(1) City agrees that the City will pay to PERS the required statutory Employee Contribution equal to seven percent (7%) of the Employee’s base salary and other compensation, as required by State law, plus the normal matching Employer’s share to secure the PERS retirement plan benefit. Such amounts will be applied to the Employee’s individual account per Government Code Section 20691. (2) City shall pay the Employer’s portion of the One Year Final Compensation and Full Formula retirement plan.
(3) Employee shall be eligible for two percent (2%) @ 60 PERS retirement formula, consistent with all other employees.

M. Indemnification: The City shall defend, hold harmless and indemnify Employee against and for all losses sustained by Employee in direct consequence of the lawful discharge of the City Manager’s duties on the City’s behalf for the period of Employee’s engagement. The City shall defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the lawful performance

7 of Employee’s duties as City Manager, provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing by Employee. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. In the event City provides funds for legal criminal defense pursuant to this section and terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 – 53243.4.

The indemnification provided in this Section shall extend beyond termination of Employee’s engagement and this Agreement to provide protection for any such acts undertaken or committed in Employee’s capacity as City Manager, regardless of whether the notice of filing of a claim or lawsuit occurs during or following engagement with the City.

In the event that the City Manager shall serve as the chief executive of other Cityrelated legal entities then each provision of this Section shall be equally applicable to each City-related legal entity as though set forth in an indemnity agreement between Employee and that legal entity.

N. Bonding: City shall bear the full cost of any fidelity or other bonds required of the Employee under any law, State enabling legislation, or City ordinance.

O. City agrees to provide Employee with a computer, software, and fax/modem at his office work site, and offered a cell phone for the Employee to perform the job and to maintain communication. Employee has declined a City provided cell phone and will be paid $50 100 per month in-lieu.

Section 9. Reduction of Compensation
City shall not at any time during the term of this Agreement reduce the salary, compensation or any other benefit of employee, except as mutually agreed upon and only to the degree of a reduction across-the-board for all management employees of the City.

Section 10. Termination for Cause
A. In the event the City terminates Employee for cause, then the City may terminate this Agreement immediately, without providing Employee with any notice, opportunity to be heard, or right of appeal. Employee shall be entitled to only the compensation accrued up to the date of termination, payments for accrued unused vacation leave, and such other termination benefits and payments as may be required by law. Employee shall not be entitled to any severance benefits and payments. For purposes of this Agreement, for “cause” is defined to mean as follows:
(1) Conviction of a felony or any offense involving a violation of Employee’s official duties;
(2) If, during the term of this Agreement, Employee becomes mentally or physically incapable of performing the City Manager’s functions and duties as set forth in this Agreement with reasonable accommodation, and it reasonably appears such incapacity will last for more than six (6) months;

8 (3) Continued abuse or use of prescription or non-prescription drugs or alcohol that materially affects the performance of City Manager’s duties; (4) Repeated and protracted unexcused absences from the City Manager’s office and duties;
(5) Refusal to comply with a lawful order or instruction issued by a majority of the City Council at a lawfully convened meeting;
(6) Deliberate falsification of City records or official documents, or instructing a City employee to commit an act which Employee knows or has reason to know is a crime;
(7) Failure and refusal to carry out the duties of the City Manager as set forth in this Agreement;
(8) Any violation of Section 2.C (1) and (2) of this Agreement.

B. If the City, voters, or the State Legislature acts to amend any provisions of the Municipal Code pertaining to the role, powers, duties, authority or responsibilities of the Employee’s position that substantially changes the form of government, the Employee shall have the right to declare that any such amendment constitutes termination.

Section 11. Notices
Notices pursuant to this Agreement shall be given electronically or by deposit in the custody of the U.S. Postal Service, postage prepaid, addressed as follows:

A. City: City Clerk
City of Calimesa
908 Park Avenue
Calimesa, California 92320
[email protected]
B. Employee: William M. Kolbow
address on file with City
[email protected]
With a courtesy copy to: City Attorney
Richards, Watson & Gershon
350 Grand Ave., 37th Floor
Los Angeles, CA 90071
[email protected]
Alternately, notices required to this Agreement may be personally served in the same manner as is applicable to civil judicial practices. Notice shall be deemed given as of the date of: the electronic notice; personal service; or three days after the date the notice was deposited in the U.

S. mail.

Section 12. General Provisions
A. This Agreement shall be binding upon and inure to the benefit of the heirs, et al. and executors of the Employee.

Field Code Changed

9 B. This Agreement shall become effective commencing November 28, 2022.

C. If any portion of this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable and shall remain in full force and effect.

Section 13. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

Section 14. Assignment
Neither this Agreement, nor any right, privilege or obligation of the City Manager hereunder shall be assigned or transferred by him without the prior written consent of the Council. Any attempt at assignment or transfer in violation of this provision shall, at the option of the Council, be null and void and may be considered a material breach of this Agreement.

Section 15. Entire Agreement
From and after the effective date of this Agreement, this Agreement supersedes any and all other agreements, either oral or in writing, between the City and the City Manager. This Agreement contains all of the covenants and agreements between the parties with respect to the City Manager’s employment by the City in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.

Section 16. Law Governing Agreement
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Section 17. No Presumption of Drafter
The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

Section 18. Attorney’s Fees
If any action at law or in equity, including an action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover such

10 amount permitted by law, and the court may award to the prevailing party reasonable attorney’s fees and other costs incurred in connection with such action.

Section 19. Assistance of Counsel
Each party to this Agreement warrants to the other party that it has either had the assistance of counsel in negotiation for, and preparation of this Agreement, or could have had such assistance and voluntarily declined to obtain it.

IN WITNESS WHEREOF, the City of Calimesa has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and Employee has signed this Agreement, both in duplicate, the day and year first above written. ___________________________
William Davis, Mayor
City of Calimesa, California

APPROVED AS TO FORM

AND LEGAL CONTENT
___________________________
Quinn Barrow, City Attorney

EMPLOYEE
___________________________
William M. Kolbow

ATTEST
___________________________
Darlene Gerdes, City Clerk

City Council Meeting
Agenda Report
Agenda Item No. 18
SUBJECT: CITYWIDE PAVEMENT MANAGEMENT FY 2023/24
MEETING DATE: December 18, 2023
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff Respectfully Request That City Council Either:

1. Receive Staff’s Presentation and Defer Project Scope Determination to a Future Meeting for Fiscal Year 2023-24 Pavement Rehabilitation Program, or

2. Receive Staff’s Presentation and Provide Direction/Prioritization of Streets for Fiscal Year 2023- 24 Pavement Rehabilitation Program.

BACKGROUND: On March 15, 2021, staff presented the City’s Pavement Management Program study. In summary, the 41 miles of paved roadways exist inherited from Riverside County when the City incorporated in 1990. During the March meeting, staff indicated that the Pavement Condition Index (PCI) for 312 roadway segments ranged from 40 to 100 with an average 63. Street with PCI greater than 70 are considered to be in acceptable condition and are not recommended for any rehabilitation by the PMP consultant.

On March 7, 2022, City staff presented Council streets (more than available funding) for the Citywide Pavement Rehabilitation Project. Council Selected:
• Sandalwood Drive from 7th Street to Calimesa Boulevard. • Cherry Lane from Sandalwood Drive to Myrtlewood Drive. • Holly Lane from South Terminus to Myrtlewood Drive.
• Mulberry Lane from Sandalwood Drive to Myrtlewood Drive. • Smoke Ridge Trail from Mulberry Lane to Ponderosa Trail. • 4
th Street from Myrtlewood Drive to Ponderosa Trail.
• Summit View Drive from 2nd Place to Harruby Drive.
• 2
nd Place from West Terminus to Harruby Drive.
• Fairway Lane from East Terminus to 2nd Place.
• Susan Lee Court from East Terminus to Fairway Lane.
• Slack Place from Golf Course to 2nd Place.
• Harruby Drive from 3rd Street to Myrtlewood Drive.

On March 6, 2023, the Council awarded a contract to Hardy & Harper for $1,665,000 to complete

pavement rehabilitation of the above streets. The total project budget including construction, construction contingency, engineering design, and construction administration was $2,126,500.

During Construction, the City added a street to the Project, Ruby Lane. Mesa Grande Drive and Buena Mesa Drive were also added to the project, at request of Yucaipa Valley Water District to collaborate with its recycled waterline pavement rehabilitation project.

Staff has identified potential streets to be included in Phase 2 of the program. Streets include streets not selected in Phase 1 together with additional streets that have PCI’s of 58 and below. Streets are grouped together based on geographical area. An exhibit and a table of potential streets are attached and include rehabilitation strategies and estimated costs.

Staff is requesting input from Council regarding street selection for Phase 2 of the Program.

FISCAL IMPACT: City Council approved the 2023-24 Budget that included $600,000 of Measure A funding for roadway rehabilitation projects together with an additional $1,000,000 allocation from the General Fund for the Pavement Management Program. Council also allocated its second tranche of ARPA funding of approximately $917,356 to the Program. Total funding for street pavement program is approximately $2,517,356.

ATTACHMENTS:

Attachment A: Street Descriptions, Rehabilitation Strategies, and Estimated Costs Attachment B: Street Location Exhibit

ATTACHMENT 18A

STREET DESCRIPTIONS, REHABILITATION

STRATEGIES AND ESTIMATED COSTS

1 Calimesa Boulevard County Line Road Sandalwood Drive 58-64 Grind and Overlay with Select Full Depth Removal and Replacement $ 1,665,000
Subtotal: $ 1,665,000
2 California Street County Line Road W Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 406,000
2 Bryant Street County Line Road E Avenue L 64 Selcect Removal and Replacement, Curb, Gutter Driveway Improvements, Slurry
Seal $ 600,000
Subtotal: $ 1,006,000
3 Fremont Street County Line Road E Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 269,000
3 E Avenue L Fremont Street 400 Feet West 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 106,000
3 Douglas Street County Line Road E Avenue L 52-58 Full Depth Removal and Replacement Over Storm Drain Line, Select Grind and
Overlay, Slurry Seal $ 258,000
Subtotal: $ 633,000
4 2nd Street County Line Road W Avenue L 46-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 380,000
4 Fisher Court 2nd Street End 52 Full Depth Removal and Replacement $ 160,0004 Alton Court 2nd Street End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 149,000
Subtotal: $ 689,000
5 Halberta Circle Sundar Drive End 46 Grind and Overlay with Select Full Depth Removal and Replacement $ 135,000
5 Cling Way Flordason Drive Halberta Circle 52 Full Depth Removal and Replacement $ 87,0005 Flordason Drive Cling Way 3rd Street 46 Full Depth Removal and Replacement $ 182,0005 4th Street County Line Road W Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 360,000
Subtotal: $ 764,000
6 Avenue B Avenue K End 46 Full Depth Removal and Replacement $ 121,0006 Park Avenue County Line Road Avenue K 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 191,000
Subtotal: $ 312,000
7 W Avenue L 7th Street 7th Place 46 Full Depth Removal and Replacement $ 345,000 Subtotal: $ 345,000
8 Ponderosa Trail Mulberry Lane Smokeridge Trail 52 Full Depth Removal and Replacement $ 261,0008 Lone Star Court Sandalwood Drive End 52 Full Depth Removal and Replacement $ 157,0008 Nugget Court Sandalwood Drive End 52 Full Depth Removal and Replacement $ 96,000 Street From To PCI
City of Calimesa
City wide Pavement Rehabilitiaiton Program
Fiscal Year 2023-24
Area Rehab Strategy Amount

Area Street From To PCI Rehab Strategy Amount
8 Belle Road Sandalwood Drive End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 130,000
8 Gold Spur Court Canyon View Drive End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 59,000
8 Canyon View Drive 3rd Street End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 164,000
8 Sandalwood Drive 5th Street 3rd Street 64 Select Grind and Overlay and Slurry Seal $ 146,000 Subtotal: $ 1,013,000
9 4th Street W Avenue L Myrtlewood Drive 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 194,000
9 3rd Street W Avenue L Myrtlewood Drive 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 175,000
9 2nd Place W Avenue L Harruby Drive 52-64 Grind and Overlay with Select Full Depth Removal and Replacement, Spandrel and Cross Gutter Replacment $ 217,000
Subtotal: $ 586,000
10 Holmes Street County Line Road End 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 279,00010 Holmes Way Holmes Street End 46 Grind and Overlay with Select Full Depth Removal and Replacement $ 188,00010 Ronda Court Holmes Street End 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 144,000 Subtotal: $ 611,000
11 Myrtlewood Drive 5th Street Harruby Drive 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 617,000 Subtotal: $ 617,000
12 5th Street Calimesa Boulevard Myrtlewood Drive 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 372,000 Subtotal: $ 372,000
Total: $ 8,613,000

ATTACHMENT 18B

STREET LOCATION EXHIBIT

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COUNTY LINE RD
INTERSTATE - 10 FWY

MYRTLEWOOD DR

MESA GRANDE DR

COUNTY LINE LN
7TH PL

ARCHIE VALLEY CT

W AVENUE L

COUNTY LINE RD

CALIMESA BLVD

CALIMESA BLVD

COUNTY LINE RD

COUNTY LINE RD
7TH ST
7TH ST

AVENUE K

MUSTANG WAY

AVENUE B
5TH ST
4TH ST
3RD ST

FLORDASON DR

HALBERTA CIR
2ND ST

CALIFORNIA ST

BRYANT ST

FREMONT ST

W AVENUE L

HOLMES ST HOLMES WAY

DOUGLAS ST

MYRTLEWOOD DR
INTERSTATE - 10 FWY

BUENA MESA DR

CALIMESA BLVD

LUCAS CLUB DR

CHERRY LN

HOLLY LN

MULBERRY LN
4TH ST

PONDEROSA TRAIL

SMOKERIDGE TRAIL

SANDALWOOD DR

SANDALWOOD DR

HARRUBY DR
SUMMIT VIEW DR 2ND PL

SLACK PL FAIRWAY LN
3RD ST
N

CITY OF CALIMESA

AVENUE B
4TH ST

W AVENUE L
NOTE: GREEN AREAS WERE COMPLETED AS PART OF PHASE 1

LONE STAR CT

BELLE RD

SANDALWOOD DR
2ND PL
5TH STREET

ALTON CT

FISHER CT

PARK AVE